IBM lays blame for OS havoc
Bill Gates has been thwarted in his attempt to stop the US government playing excerpts of his pre-recorded videotape testimony.
Judge Thomas Penfield Jackson told Microsoft lawyers there was nothing wrong with the government's practice. Gates' taped testimony has been a source of ridicule, showing the Microsoft chief executive wriggling through difficult questions only to turn stubbornly unhelpful. As the testimony was played, Jackson laughed and shook his head in disbelief as Gates nit-picked at questions and appeared uninformed and forgetful.
'I think it's evident to every spectator that, for whatever reasons, Mr Gates has not been particularly responsive to his deposition interrogation,' said the judge. He said the problem was not the testimony but the witness.
Microsoft's case was hindered further when John Soyring, director of IBM, said Microsoft imposed contract restrictions on software developers.
Soyring said because Microsoft forbade developers to use its products to write software for other operating systems, they could not justify the cost of offering applications on OS/2, IBM's own OS. Even IBM computers use Windows instead of OS/2.
Dan Oliver, former chairman of the Federal Trade Commission, told the court not to be afraid of breaking up the company. He said Microsoft's history suggested a 'conduct' remedy would not work.
Microsoft is accused of illegally trying to dominate the internet browser market and crushing Netscape by pushing manufacturers and internet providers to sign up with the company.
SUN WINS JAVA CASE AGAINST MICROSOFT
US judge Ronald Whyte told Microsoft it must alter Windows 98 and Internet Explorer because it had probably violated a contract with Sun by improperly using its Java computer language. If it did not do so, it would have to pull it off the market, upholding Sun's accusations of copyright infringement and unfair competition, he said.
Microsoft has written to its channel partners to assure them the ruling will have no impact on sales. It said copies of Windows 98 currently in the channel or being shipped on PCs will not be affected. Microsoft will give OEMs updated versions of products in accordance with its compliance plan.
Retailers and resellers may continue to sell the current stock of Microsoft products in the channel while developers are free to utilise the Microsoft Java development tools they have. However, Microsoft will also modify the VJ 6.0 language so that developers must actively choose to switch on the Microsoft enhancements. In accordance with the court order, a message will be displayed advising developers they are choosing to write an application that may only run on Windows.
Microsoft will also post patches to its Website, enabling existing customers to modify the products they already own.