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 newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Patrick Thibodeau

Computerworld
Show Comments

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

George Khoury

Sharp PN-40TC1 Huddle Board

The biggest perks for me would be that it comes with easy to use and comprehensive programs that make the collaboration process a whole lot more intuitive and organic

David Coyle

Brother PocketJet PJ-773 A4 Portable Thermal Printer

I rate the printer as a 5 out of 5 stars as it has been able to fit seamlessly into my busy and mobile lifestyle.

Kurt Hegetschweiler

Brother PocketJet PJ-773 A4 Portable Thermal Printer

It’s perfect for mobile workers. Just take it out — it’s small enough to sit anywhere — turn it on, load a sheet of paper, and start printing.

Matthew Stivala

HP OfficeJet 250 Mobile Printer

The HP OfficeJet 250 Mobile Printer is a great device that fits perfectly into my fast paced and mobile lifestyle. My first impression of the printer itself was how incredibly compact and sleek the device was.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?