MS/DOJ States want MS memo admitted in remedy case

A top Microsoft Corp. executive two years ago urged the company to take retaliatory action against PC makers developing devices that support Linux, according to an e-mail the nine nonsettling states want admitted as evidence in the remedy case.

In motion filed yesterday in U.S. District Court, the states asked that a memorandum written by Joachim Kempin, who headed Original Equipment Maker (OEM) relations for Microsoft and had testified in the earlier, original trial, be included in the trial record.

In an Aug. 14, 2000, memo sent to company Chairman Bill Gates and others, Kempin complained that Intel Corp. was encouraging employees at large PC makers to support Linux as well as to fund devices that would work well with that operating system.

In the memo, which was included with the state's motion, Kempin said that to "play this the hard way" would "get more attention then we need."

Instead, he concluded that Microsoft should "work underground with the clear understanding to promote and advantage guys with less market share without declaring that to be our strategy. I would further try to restrict source code deliveries where possible and be less gracious when interpreting agreements -- again without being obvious about it."

The states attempted to get the memo introduced earlier in the remedy phase, but Microsoft objected, and Judge Colleen Kollar-Kotelly didn't allow its admission. The new motion asked the judge to revisit that decision.

Microsoft spokesman Jim Desler said the company will outline its reasons for opposing its admission in a response it intends to file today.

The nine states say the memo points to the need to stricter enforcement provisions against Microsoft.

Desler said the e-mail represents "random thoughts" of a company executive. "There is no evidence that the e-mail was acted on," he said. "It was simply passed along."

Join the PC World newsletter!

Error: Please check your email address.

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Patrick Thibodeau

Computerworld
Show Comments

Essentials

Microsoft L5V-00027 Sculpt Ergonomic Keyboard Desktop

Learn more >

Lexar® JumpDrive® S57 USB 3.0 flash drive

Learn more >

Mobile

Lexar® JumpDrive® S45 USB 3.0 flash drive 

Learn more >

Exec

Lexar® Professional 1800x microSDHC™/microSDXC™ UHS-II cards 

Learn more >

Lexar® JumpDrive® C20c USB Type-C flash drive 

Learn more >

Audio-Technica ATH-ANC70 Noise Cancelling Headphones

Learn more >

HD Pan/Tilt Wi-Fi Camera with Night Vision NC450

Learn more >

Budget

Back To Business Guide

Click for more ›

Most Popular Reviews

Latest News Articles

Resources

PCW Evaluation Team

Azadeh Williams

HP OfficeJet Pro 8730

A smarter way to print for busy small business owners, combining speedy printing with scanning and copying, making it easier to produce high quality documents and images at a touch of a button.

Andrew Grant

HP OfficeJet Pro 8730

I've had a multifunction printer in the office going on 10 years now. It was a neat bit of kit back in the day -- print, copy, scan, fax -- when printing over WiFi felt a bit like magic. It’s seen better days though and an upgrade’s well overdue. This HP OfficeJet Pro 8730 looks like it ticks all the same boxes: print, copy, scan, and fax. (Really? Does anyone fax anything any more? I guess it's good to know the facility’s there, just in case.) Printing over WiFi is more-or- less standard these days.

Ed Dawson

HP OfficeJet Pro 8730

As a freelance writer who is always on the go, I like my technology to be both efficient and effective so I can do my job well. The HP OfficeJet Pro 8730 Inkjet Printer ticks all the boxes in terms of form factor, performance and user interface.

Michael Hargreaves

Windows 10 for Business / Dell XPS 13

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Aysha Strobbe

Windows 10 / HP Spectre x360

Ultimately, I think the Windows 10 environment is excellent for me as it caters for so many different uses. The inclusion of the Xbox app is also great for when you need some downtime too!

Mark Escubio

Windows 10 / Lenovo Yoga 910

For me, the Xbox Play Anywhere is a great new feature as it allows you to play your current Xbox games with higher resolutions and better graphics without forking out extra cash for another copy. Although available titles are still scarce, but I’m sure it will grow in time.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?