Microsoft Witness List.
DOJ v. Microsoft II, Case No. 98-1232, 1233.
October 8, 1998.
Source: Microsoft.  The caption, signatories, and Certificate of Service have been omitted, and this document has been edited for HTML.  Otherwise, this document has not been edited for content.

[caption omitted]

SCHEDULE OF WITNESSES TO BE CALLED BY DEFENDANT MICROSOFT CORPORATION

In accordance with Local Rule 209(b)(iv) and paragraph 2 of the proposed Second Amended Scheduling Order filed with the Court on October 6, 1998, defendant Microsoft Corporation ("Microsoft") hereby identifies the following twelve witnesses to be called as part of its case-in-chief. ¹ This schedule of witnesses supplements Microsoft’s pretrial statement filed with the Court on October 6, 1998.

1.  Professor Richard Schmalensee,* Gordon Y. Billard Professor of Economics and Management, Massachusetts Institute of Technology, and Interim Dean, MIT Sloan School of Management. Prof. Schmalensee’s anticipated testimony is described in detail in his expert report dated September 4, 1998. Prof. Schmalensee is expected to testify about (i) market definition and market power, (ii) the history of rapid innovation, declining prices and dynamic competition in the software industry, (iii) the progressive integration of new features and functionality into Microsoft’s operating system software, (iv) the absence of any foreclosure of distribution channels caused by, and the pro-competitive nature of, the Microsoft agreements challenged by plaintiffs, and (v) the failure of the relief requested by plaintiffs to address any alleged harm to competition. Prof. Schmalensee’s business address is One Main Street, Cambridge, Massachusetts 02142.

2.  Paul Maritz, Group Vice President, Platforms and Applications, Microsoft Corporation. Mr. Maritz is expected to testify about (i) Microsoft’s overall business model, (ii) the nature and extent of competition in the software industry, particularly with regard to operating systems, (iii) the need for Microsoft to invest in new technologies to ensure its long-term survival in the software industry, without regard to profit maximization in the near term; (iv) Microsoft’s early development of Internet Explorer technologies, and (v) the reason for including Internet Explorer technologies in Windows without separate charge. Mr. Maritz’s business address is One Microsoft Way, Redmond, Washington 98052-6399.

3.  James Allchin, Senior Vice President, Personal and Business Systems, Microsoft Corporation. Mr. Allchin is expected to testify about (i) the basic functions performed by operating system software, (ii) Microsoft’s integration of Internet Explorer technologies into Windows in a manner that could not be duplicated by OEMs or end users, (iii) the inability to remove Internet Explorer technologies from Windows 98 without degrading the operating system, (iv) the benefits to both independent software developers ("ISVs") and consumers that result from Microsoft’s integration of Internet Explorer technologies into Windows, (v) the substantial use of Internet Explorer technologies by software developers to incorporate support for Internet standards in their products, (vi) other operating system vendors’ inclusion of support for Internet standards in their operating system software products, and (vii) the limited utility of Windows as a distribution vehicle for technologies that consumers do not want or like. Mr. Allchin’s business address is One Microsoft Way, Redmond, Washington 98052-6399.

4.  Joachim Kempin, Senior Vice President, OEM Sales, Microsoft Corporation. Mr. Kempin is expected to testify about (i) Microsoft’s copyright registrations for Windows 95 and Windows 98 obtained from the United States Copyright Office, (ii) the reasons for provisions in Microsoft’s OEM license agreements that prohibit OEMs from modifying or deleting any part of Microsoft’s Windows operating system software without Microsoft’s permission, (iii) the few instances in which OEMs have requested to remove the Internet Explorer icon from the Windows desktop, (iv) the absence of any request by any OEM to delete Internet Explorer technologies themselves from Windows, (v) the reasons for the "Windows Experience" provisions in Microsoft’s OEM license agreements that require OEMs to allow the initial startup sequence of Windows to proceed without interruption the first time a new personal computer is turned on, and (vi) the substantial flexibility Microsoft has provided OEMs to brand their new personal computers and differentiate their product offerings from those of their competitors. Mr. Kempin’s business address is One Microsoft Way, Redmond, Washington 98052-6399.

5.  Brad Chase, Vice President, Developer Relations & Windows Marketing, Microsoft Corporation. Mr. Chase is expected to testify about the (i) Microsoft’s competition with Netscape in 1996 to convince OLSs to base their client software on Microsoft’s Internet Explorer technologies, (ii) the terms of the agreements between Microsoft and the four OLSs included in the online services folder in Windows 95 and Windows 98, (iii) the substantial development and technical assistance that Microsoft has agreed to provide the OLSs (particularly America Online) pursuant to those agreements, (iv) the reasons why Microsoft elected not to waive the provisions of its OLS agreements challenged by plaintiffs, and (v) the ease with which web browsing software can be distributed through multiple channels of distribution. Mr. Chase’s business address is One Microsoft Way, Redmond, Washington 98052-6399.

6.  Cameron Myhrvold, Vice President, Internet Customer Unit, Strategic Relations, Microsoft Corporation. Mr. Myhrvold is expected to testify about (i) the reasons for Microsoft’s entering into agreements with the eleven ISPs included in the Windows 95 Internet referral server, (ii) the existence of a large number of commercially significant ISPs in the United States, (iii) the terms of the agreements between Microsoft and the eleven ISPs included in the Windows 95 Internet referral server, (iv) Microsoft’s waiver of the provisions of the ISP agreements challenged by plaintiffs, and (v) the absence of any provisions in the Windows 98 Internet referral server agreements similar to those challenged by plaintiffs. Mr. Myhrvold’s business address is One Microsoft Way, Redmond, Washington 98052-6399.

7.  William Poole, Senior Director, Business Development, Microsoft Corporation. Mr. Poole is expected to testify about (i) the reasons for Microsoft’s entering into agreements with the twenty-four ICPs whose content appears on the Channel Bar in Windows 95, (ii) the existence of a large number of commercially significant ICPs in United States, (iii) the terms of the agreements between Microsoft and the twenty-four ICPs whose content appears on the Channel Bar, (iv) the insignificance of ICPs as a means of distributing web browsing software, (v) Microsoft’s waiver of the provisions of the ICP agreements challenged by plaintiffs, and (vi) Microsoft’s decision to phase out the Channel Bar feature of Windows 98, and thus not to renew any of the ICP agreements when they expired in September 1998. Mr. Poole’s business address is One Microsoft Way, Redmond, Washington 98052-6399.

8.  Daniel Rosen, General Manager, New Technology, Microsoft Corporation. Mr. Rosen is expected to testify about (i) Microsoft’s dealings with Netscape prior to the June 21, 1995 meeting between representatives of Microsoft and Netscape, (ii) the June 21, 1995 meeting between representatives of Microsoft and Netscape, at which Microsoft offered to assist Netscape in developing products for use on Microsoft operating systems, (iii) the relationship between Microsoft and Netscape in the months following the June 21, 1995 meeting, and (iv) the technical assistance Microsoft provided to Netscape in helping Netscape to develop a version of Navigator to run with Windows 95. Mr. Rosen’s business address is One Microsoft Way, Redmond, Washington 98052-6399.

9.  Thomas Reardon, Program Manager, Interactive Media Group, Microsoft Corporation. Mr. Reardon is expected to testify about (i) Microsoft’s development of Internet Explorer technologies as an element of Windows during 1994 and 1995, including Microsoft’s communications with Netscape and other companies regarding the licensing of source code, (ii) Microsoft’s efforts to provide technical assistance to and cooperate and interact with Netscape before and after the June 21, 1995 meeting between representatives of the two companies, (iii) the June 21, 1995 meeting between representatives of Microsoft and Netscape, and (iv) the participation and relative commitment of Microsoft and Netscape in the creation of public standards for software technologies through organizations like the World Wide Web Consortium and the Internet Engineers Task Force. Mr. Readon’s business address is One Microsoft Way, Redmond, Washington 98052-6399.

10.  Jeffrey Raikes, Senior Vice President, North American Sales, Microsoft Corporation. Mr. Raikes is expected to testify about (i) customer demand for constantly improving software products, (ii) the popularity with customers of Microsoft’s inclusion of Internet Explorer technologies in Windows, and (iii) Microsoft’s efforts to promote its technologies to customers. Mr. Raikes’s business address is One Microsoft Way, Redmond, Washington 98052-6399.

11.  John Rose, Senior Vice President and Group General Manager for Enterprise Computing, Compaq Computer Corporation. Mr. Rose is expected to testify about (i) the nature of Compaq’s relationship with Microsoft, (ii) the reasons why Compaq licenses Windows 98 for preinstallation on certain of its computers, (iii) the perceived demand among Compaq’s customers for the ability to access the Internet, (iv) the reasons why the inclusion of Internet Explorer technologies in Windows 98 benefits Compaq’s customers, (v) Compaq’s temporary deletion of the Internet Explorer and Microsoft Network icons from the Windows desktop on its Presario line of computers in 1995 and 1996, (vi) Compaq’s ability to add software programs, including Netscape Navigator, to its computers if it perceives sufficient demand for those programs among its customers, (vii) the flexibility that Compaq has to differentiate and brand its computers under its Windows license agreements with Microsoft, and (viii) Compaq’s prior experience with including its own shells with some of its computers, particularly the reasons why Compaq stopped including such shells. Mr. Rose’s business address is 20555 State Highway 249, Houston, Texas 77070.

12.  Michael Devlin, Rational Software Corporation. Mr. Devlin is expected to testify about (i) the benefits to software developers of having support for Internet standards in Windows, (ii) the reliance of Rational’s products on the presence of Internet Explorer technologies in Windows 98, and how other software developers also rely on the presence of those technologies, (iii) the disadvantages to Rational and other software developers of having to distribute updated components of Windows with their products, and (iv) Rational’s experiences in attempting to support Netscape in Rational’s products. Mr. Devlin’s business address is 18880 Homestead Road, Cupertino, California 95014.

Dated: New York, New York

October 8, 1998

Respectfully submitted,

___________________________
John L. Warden (Bar No. 222083)