29276 Federal Register / Vol. 67, No. 86 / Friday, May 3, 2002 / Notices
TO APPENDIX TO MEMORANDUM OF ‘‘We’ve been trying to get into the Microsoft’s ?? advantage—that it devel??ps AMICI CURIAE IN OPPOSITION TO networking capability of Microsoft’s products both the basic operating-system ??oftware PROPOSED FINAL JUDGMENT IN CIVIL and find there’s one con, non theme: that makes personal com??ters run, known as ACTION NO. 94–1564 NETBIOS,’’ Caro said. Microsoft does not yet MS-DOS. and ??pphactons software, like SIGNED BY GARY REBACK support native TCP/IP, but uses NETBIOS or word-pro??essing programs or spreadsheets, 2ND STORY of Level I printed in FULL NETBEUI encapsulated within TCP/IP, he ??nat perform spec?? ?? format. Copyright 1994 Network World, Inc. said. ‘‘Microsoft s whole empire is based in the Network World July 25, 1994 94–1564 ‘‘we’re totally uninterested in any interlocking nature of their ??perating-system FILED FEB 14 1995 approach like this; it can’t handle a network and application oftware.’’ said William Joy, SECTION: TOP NEWS; Pg. 4 of more than 50 users and is terrible over the a ??ounder of Sun Microsystems, and the LENGTH: 724 words wide area,’’ Caro said. ??uthor of one version of the Unix Perating HEADLINE: Microsoft free at last?; And Windows NT has proved unable to system. Ruling still lets firm incorporate apps in its handle the applications that Otis wants to ??Vol a Central Issue Microsoft officials OSes. take off its mainframe system, because said Saturday ??nal issues related to the Clerk, U.S. District Court Windows NT is not a multiuser environment. relationship ?? their operating software and District of Columbia But Caro respects Microsoft’s ability to their ??ppicaons programs had not been BYLINE: Michael Csenger and adam Gaffin change course as necessary and awaits the ??ocus of their ?? nego??anons with us??ce BODY: promised native TCP/IP support in Chicago. Department officials. Washington, DC ‘‘That one feature alone is going to cause MS-DOS and the Windows proram, which The antitrust settlement Microsoft Corp. dramatic change in network connectivity,’’ makes DOS easier to ?? are installed in reached with the Justice Department skirted said Nick Lippis, principal at Strategic millions of com. ?? worldwide White the an issue central to network users, paving the Networks Consulting, Inc. in Rockland, Jusuce ??epartiment has decided that Micro?? way for the software giant to continue Mass., referring to Windows’’ TCP/IP. does have a monopoly in opera?? ?? systems, integrating applications with its desktop and Native TCP/IP support for Chicago could it ?? that the ?? changes the c??unsent decree network operating systems. help Microsoft cut into Novell’s installed spells ??ut provide a remedy. The consent decree, announced July 16, NetWare client base by providing an Yet many Microsoft compet??nors ??ce a focused almost entirely on the way Microsoft alternative to Novell’s Internetwork Packet broader problem, as well: the ??ne between sold operating systems to hardware vendors. Exchange (IPX) protocol. If the desktop where the operating system ends and the But it does not prevent the company from operating systems supported TCP/IP directly, applications pro??las start is increasingly integrating applications into the operating ‘‘why continue with IPX?’’ Lippis asked. being ??lurred by advances in technology. system itself. NOVELL NOT WORRIED ??Smaller compe??tors with innovave ideas ‘‘I laugh when I hear people say it’s all over Competing software vendors such as Lotus in businesses as diverse as ?? man. ?? for Novell now, we should pack up and go Development Corp. had long alleged that compression, home,’’ said David Bradford, vice president Microsoft’s applications division received ?? creates more storage space on disk, and and general counsel for Novell. unfair information from its operating systems screen savers, which pre?? ent damage to ‘‘Microsoft has come against Novell division that gave the company a leg up on mounors, are finding ?? their business is [several] now with their networking the competition. products, and we’ve beat them every time,’’ evaporating because Microsoft keeps adding Some analysts and users said the decree, Bradford said. such programs to ?? operating system as ?? which also poses stricter controls on the Bradford also noted that this consent periodically brings out an updated version. royalties Microsoft can collect from personal decree does not close Microsoft’s books A Microsoft’s operating system scheduled computer vendors, leaves the path clear for forever. ‘‘They will be monitored, perhaps for release next year, called Chicago, will Microsoft to mop up competitors that sell even more so than before,’’ he said. ‘‘The acceler?? the process The program will stand-alone applications, resulting in more industry and consumers have an ally in the mer??e DOS and Windows and will include limited user choice down the road. Justice Department.’’ electronic mail, remote access, filesearching SKEPTICISM Frank Dzubeck, president of functions and screen savers. Since But others said Microsoft has yet to prove Communications Network Architects, Inc., in introducing MS-DOS in 1981. to the market that it has operating systems Washington, DC, agrees that the case may not Microsoft has continually campaigned to and networked applications worth betting a yet be closed. expand the ?? of what computing functions business on. ‘‘A lot of its networking ‘‘If Microsoft gets very aggressive and starts belong inside the computer operating system. products are either futures or first-generation burying things in their operating systems, The early vers?? of DOS were small products,’’ said Jamie Lewis, president of The then this whole issue will be revisited, he programs that did ?? more than control the Burton Group, a Salt Lake City consulting said. But it will require that another company storage and ?? of data and start and stop firm. The company faces entrenched and first go bankrupt.’’ applications programs. But in the 14 years growing user bases for both Novell, Inc.’s LANGUAGE: ENGLISH that followed, Microsoft’s ??rating systems NetWare operating systems and Lotus’’ Notes LOAD-DATE-MDC: July 27, 1994 have greatly expanded the servtees they groupware applications, he said. Users also TO APPENDIX TO MEMORANDUM OF provide to users and programmers The other expressed skepticism. AMICI CURIAE IN OPPOSITION TO important issue not specifically addressed in ‘‘Microsoft promises Chicago and Cairo PROPOSED FINAL JUDGMENT IN CIVIL the consent decree is whether Microsoft has and a whole lot of networking, but the ACTION NO. 94–1564 been able to leverage us virtual monopoly ?? question is, will it work before they run out SIGNED BY GARY REBACK operating systems into domination of of cities to name these things after?’’ quipped Business Day applications software—a far bigger and more a network manager whose major brokerage M?? lucrative market This matter is of great house network runs on Unix. The New Work Times concern to companies like Lotus windows NT is not a truly open Microsoft’s Barely Limited Future Development. environment, he said, ‘‘Because if Gates By JOHN MARKOFF Boarland International and Novell, and its doesn’t have it then neither do you, and I’d ?? recently acquired Wordperfect—which rather not put myself in his hands. That’s SAN FRANCISCO, June 17—Rath?? than specialize in applications software. About why we’ve standardized on Unix for our reining in the Microsoft Corporation, the half of the 50 million computers that run trading floor.’’ consent deeree that the Justice Department Windows, for example use Microsoft’s word Frank Caro, technology transition team announced over the weekend with Microsoft. processor, called Word, and its spreadsheet, leader for Otis Elevator Co. in Farmington, the world’s largest software publisher, frees Excel. Conn., cited interoperability problems with the company to define the computer It was for that reason that lawyers at the Microsoft’s current Windows implementation mudstry’s ground ?? through the rest of the Federal Trade commission toyed two years of Transmission Control Protocol/Internet decade. ago with the idea of breaking Microsoft into Protocol as an example of the company’s The agreement leaves ??intouched what two companies, More recently, Justice network shortcomings. many computer in??justry executives say is Department investigators are believed to have
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studied ways of creating some sort of operating-system features and providing system might be. This will, of course, lead to ‘‘Chinese wall’’ that might limit the earlier access to technical information for its code that is optimized for Windows. (Okay. information traveling between the two sides programmers. Microsoft is a bit confused here. This is of the business. Anne K. Bingaman, Assistant Microsoft officials said the Government because part of the company wants to protect Attorney General in charge of annt??rust had found no evidence that such a special the rights of its Word and Excel teams by matters, refused to comment on the issue. But advantage existed. ‘‘We don’t think this is insisting on special terms for using the cross- in response to a question whether, the market power in the traditional an??trust platform code for people who write word department had considered trying to split sense.’’ Said William h. Neukom, the processors or spreadsheets.) Microsoft, she said Sa??day that her lawyers, company’s vice president for law and TIE RIGHT NETWORK bad looked at ‘‘every possible legal th?? ory corporate affairs. ‘‘Anyone can come in and The dominance in tools, applications, and ?? Linkage Is Seft-Pedaled?? upset you with better technology. We think operating systems may be just the beginning. In an interview today, Ms. Bingsman: it’s a ferociously competitive business.’’ Consider Microsoft’s recent announcements, acknowledged that the decre?? was silent While the agreement may aid some such as Microsoft Network, a new on-line about any linkage ?? ?? Microsoft’s power in companies like Novell, which makes a service that will be bundled with Windows operating systems and its, growth, in Microsoft-compatible operating system, it 95. applications software. But she also said the will not affect Microsoft’s power with respect Microsoft Network, once code-named Justice Department had decided against to smaller software developers. Marvel, may well be the first thing users see pursuing a ‘‘second range of issues’’ that had ‘‘Microsoft will continue to be very when they start the new operating system been raised by the F.T.C.’s earlier powerful,’’ said Martin Goetz, a cofounder of and it may be the best way to get Microsoft investigation. Applied Data Research, the nation’s first support. If users choose to subscribe to ‘‘All I can tell you is we filed the complaint software company ‘‘The Justice Department Microsoft Network, the company could wind based on what we decided were the problems hasn’t ?? to the cries of the software up getting a steady stream of $4 to $5 a that needed to be corrected,’’ she said. companies.’’ month from everyone on its operating What the consent decree announced on Michael J. Miller system, and that could mean several hundred Saturday did achieve was this: Microsoft The World According to Microsoft FILED million dollars a year. agreed to change the way it deals with the If you think Microsoft is too dominant in Microsoft isn’t the only one with this idea. companies that make the hardware for today’s computer industry, a quick look at IBM is doing the same thing with OS/2 Warp personal computers, freeing them to offer where the Bill Gates juggernaut is headed by bundling in Internet access through its customrs a choice of operating systems. may prove disheartening. Already the leading Advantis service, which then sets up a Microsoft will also alter its provider of operating systems and office continuing monthly fee. In fact, you can softwarelicensing policies and the way it productivity applications, Microsoft wants to almost view these two operating systems as gives information to software developers. carry its success over to other areas, ranging loss leaders for their suppliers’’ on-line The expectation is that personal computer from interactive television to financial services. Since Microsoft is in a position makers like Compaq. Dell and others will services. With its recent announcements, where its operating system is dominant, now be more receptive to the operating acquisitions, and introductions. Microsoft is however, users will be more likely to try its systems made by Novell, international making its goal clear: It aims to become a network service first. In order to be Business Machines and Sun Microsystems. ubiquitous part of tomorrow’s information successful. Microsoft Network doesn’t even Software companies will be able to develop infrastructure. have to be the best on-line service; it just versions of their programs for Microsoft’s THE RIGHT TOOLS needs to be good enough and the most operating systems without making exclusive While Intel seems to face more competition convenient. And including Microsoft commitments to Microsoft, leaving them free than ever, Microsoft’s position in the Network with windows 95 will certainly to create applications for operating systems operating-system market has gotten stronger. help. that other companies have designed. The reason for this continued success is Now take Microsoft’s recent plans to Yet while the consensus is that Microsoft’s twofold. Confusion and a lack of focus from acquire Intuit with its Quicken personal influence will continue to increase, computer OS competitors—such as IBM and Apple— finance program (which links to a check- industry executives are divided over whether certainly helped, but Microsoft also gave paying system), and add that to the its power and influence will be good or bad itself quite a boost by developing tools like likelihood of Microsoft Network’s success. for consumers. Visual Basic and Visual C++. Because of its size. Microsoft is in a better ‘‘Microsoft has become the I.B.M. of the Not too long ago, Borland surpassed position to work out relationships with large 1990’s’’ said J. Paul Gravson chairman and Microsoft in the quality of its tools. But more banks and other financial players. Imagine chief executive of Mr. crogra??, a software and more, the big firms I talk to are moving how Microsoft could extend electronic publisher it Richardson. Tex ‘‘There are to Microsoft tools. This kind of support gives banking onto an online service such as issues for anyone who wants to participa?? in Microsoft the ability to decide which Microsoft Network. this market because of their size and scope. technologies to push and which platforms to Microsoft could require just a small service Anything the Government does to slow them support, as well as which technologies to charge on each transaction. Or it could make down would be welcome.’’ license and which to keep for itself. For money on the float—the interest in the few Believes Bigger Is Better But others in the instance, Microsoft was first on the market seconds it takes to move money from one industry believe that Microsoft’s strategy is with products that really supported OLE 2.0. place to another, or both. benefiting consumers. Now that it wants OLE 2.0 to be widely Microsoft’s success in one area helps it ‘‘If you really care about improving the supported, it has done a very nice job of extend its success in other areas. Because personal computer, you wan Microsoft to making OLE support easier by providing Windows is so successful, developers must take over all the pieces of the pre,’’ said Wizards in its Visual C++ package. develop for it. If Microsoft Network becomes Stewart Alsop, edito?? of Infoworld, a weekly Microsoft wants OLE to be the object successful, more developers and content computer-in dustry newspaper. standard, and wants to establish it before publishers will support it. The same Competitors like Novell, which were OpenDoc or Taligent gets off the ground. reasoning will apply to Microsoft’s Tiger otherwise pleased by the agreement obtained Microsoft even wants to control object system for delivering video and other content by the Justice Department, said they were standards on other platforms, hence its to set-top boxes, or even to the far-off plan disappointed that the Government had not introduction of tools that make it easier for of developing wallet PCs with access to forced Microsoft to disclose ??formation developers to take Windows applications and financial information. about new versions of its operating systems move them to other platforms, such as UNCHARTED WATERS in ways that would level the playing field for Macintosh, with built-in support for OLE. All this may sound inevidtable, but it isn’t. developers who are competing with Not only does this I by Mans Bishofs kind of First of all, no one—not even Bill gates—is Microsoft applications. accommodation push Microsoft’s APIs. it successful with every product he introduces. The company’s competitors have argued also makes it easy for vendors to use Just think about Microsoft Money. And does that Microsoft has gained a special advantage Windows as their primary development anyone out there remember the first for its applications programs by using hidden platform, regardless of what their target Microsoft Access, the abortive Crosstalk
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competitor? Not too many folks, obviously, or DOJ accord fosters ‘‘too little, too late’’ Department and the EC got to where they did Microsoft couldn’t have recycled the name perception .... They did all in their power, wen the for use on its database. NEWS ANALYSIS ‘‘Chinese wall’’ political and legal environment.’’ Microsoft still has a lot of strong sidestepped, but some see new opportunities Bradford expects the decree to help Novell competitors who envision a different future. BY JANE MORRISSEY fight the nextgeneration operating-system Novell, for instance, is still the clear leader The justice Department and the European battle. ‘‘The 32-bit OS market has not been in network operating systems and has Commission won ?? concessions from won by anybody.’’ he argued. ‘‘This decree recently announced plans with General Microsoft Corp., but ?? doubt the consent will al. low for freer competition.’’ instruments, the leader in cable set-top decree ?? agreed on will ?? much effect on A major disincentive, to bringing its own boxes. the company or ?? competitors. The ?? got charges against Microsoft is Novell’s recent To date, Microsoft’s track record in Microsoft to ?? up per-processor ?? and other desire to forge a better relationship with communications products is less than stellar, business ?? ?? and will ?? us compliance for Microsoft. Novell CEO Bob Frankenberg met Lotus’s cc: Mail and Notes have a larger ?? and a half years, bus left ?? its ability to earlier this month with (ales to re-establish marcompetitor in the world to come. Micro?? ?? share opera?? ??lern ?? with its application ties that had broken off under Novell is getting into areas where it will face ?? ??. Chairman Ray Noorda. competition, in addition to its ?? software The consent decree will be open for public ‘‘Noorda called us Nazis and. so far. competitors, from banks to tel?? sion and comment within the ?? 60 day, after which Frankenberg hasn’t engaged in that type of cable companies. in many ca?? these firms a federal judge will offer a final ruling. Legal thing.’’ (axes said. declining to ?? rate on any have unique relationships ?? customers or experts expect the court to uphold the new accords. ‘‘We’re not going to conduct content that Microsoft ca?? easily duplicate. decree. this phase in a fishbowl.’’ This more Microsoft focuses on pushi?? its Although the government could take Additional reporting ?? Mary Jo Fol??. existing platforms and operating system?? the further action and Microsoft could face Norvin Leach. and Sam W?? OEM licensing more likely it is that there will be so?? lawsuits from competitors, mo?? observer?? practices outside force, some new technology, th?? said both are unlikely because of the time ?? no per-processor licensing deals Microsoft either won’t see or won’t comm?? and expense involved. Microsoft com?? ma?? ?? no minimum volume commitments to quickly enough. This would leave roo?? for ?? to live with the outcome, ?? mans are not required from OEMs new competitors. Remember, it was?? too ??. ?? no contracts longer than one year: no long ago that IBM. Digital Equipme?? Corp., ‘‘Anyone who said this decision went far penalty for non-renewal and Wang were the dominant infor?? mation enough isn’t in touch with the industry.’’ ?? no restrictions on OEM’s licensing or companies, and look what happene?? when said Ed Zander, president of SunSoft Inc., sale of non-Microsoft operating systems the technology changed. Sun Microsystems Inc, software unit. ‘‘Of the ?? no requirement mat OEMs license DOS Still, if you’re worried about Micros ?? three or four issues [the DOJ] could have to gain a license for Windows dominance today, you have good reason. ?? worked on. they picked the least contentions. Non-disclosure agreements may foreshadow a future where Microsoft has The ‘Chinese wall’’ is more subtantive.’’ ?? duration not to exceed the products a hand in every area of your life—from But Microsoft officials, citing legal release, public disclosure by Microsoft, . or communications to entertainment to pay?? precedents to back them up. said ?? were able one year, whichever comes first ing your bills. the road to this future woo?? to convince the government that such ?? cannot restrict third parties from be easy, but Microsoft is very determined and exclusionary sharing ?? ?? is managers take developing software that runs on competing is certainly in a better position tha?? sides; desplts?? the agreement, the operating systems. inevitable storms. government’s Anne Bingaman and THE CONSENT DECREE DOES NOT There are 3,462 chances to make a mistake Microsoft’s Will??am Neukom still don’t sea ADDRESS: in this document. eye-to-eye; Microsoft financ??als, meanwhile, ?? Microsoft benefiting from operating- (Typing it in is number one.) are strong. in their rights. ‘‘We encourage our system knowledge to develop applications, If the ?? office is here. how come people systems people to talk with the apps people such as Microsoft applications group getting keep handling you pieces of ?? paper, ?? about potential new operating-systems fea??’’ advance notice on operating-system faxes. photo-cop?? and newspaper ?? for you said Chairman Bill Gates advancements, and the use of undocumented to ?? in your report? Even ?? to type if out Operating-system makers such as IBM. APIs in is a mistake. But it’s got to be done one Novell Inc.. Taligent inc.. (?? and Sun Soil ?? Microsoft acquiring technology from way or ??. said they were were encouraged that Justice third Datives under guise of making a deal That’s where WordScan Plus 3.0 from took the actions it did on per-processor BUSINESS C??ro, can help. You see. WordScan Plus licensing practices, Jesse Berst uses the ?? 32-bit Adaptive Recognition ‘‘We’re going to jump all over Otis,’’ said Berst Technology so its accuracy rate is Lee Reiswing president of IBM’s Personal Mode unparalleted— ?? when coupled with the Sof??are Prod?? division, in Austin. Texas. Behind the smoke, Microsoft wins again enhanced image capabilities of any Hewlett- ‘‘It means a level playing field for us for the I know you’ve all heard about the Packard scanner. first time. We have the op?? to hit the OEMs. settlement between Microsoft and the justice In fact, Hewteff-Packard’s AccuPage 2.0 ‘‘It will help us in the future in not Department. But I thought I’d tell ?? some technology—including ?? image ?? that lets disadvantaging us with a pricing made information that hasn’t made it into the you read text on colored backgrounds, small mechanism,’’ said .Joseph (??. chairman anti press releases and official statements. text support, and ??-zoning—makes CEO of Taligent, in Santa Clara, Calif. ?? ?? MICROSOFT REALLY DECIDE TO WordScan Plus ?? for complex mixed-media But some said it is too little, too lair’’. ‘‘To SETTLE? Because the Justice Department and Input ?? well as straight forward type the extent [Microsoft’s behavior] prevented the European Commission both said they recognition And WordScan Plus’s ?? features other operating systems from succeeding. would ??ue unless Microsoft agreed by July like de-skew, the Pop-up Proofer. ?? ?? that war is over,’’ said Mitchell ??, chairman 11. defina?? page set-up and One?? OCRTM ?? its of Powersoft Corp., in Concord, Mass. ‘‘DOS W?? DID THE JUSTICE DEPARTMENT as simple to use as it is accurate, it even is it and Windows is it: The ?? has close to REALLY DECIDE TO SET- TI.E.? Because it integrates ?? with your Windows ?? ?? thanks zero impact got to wave the flag and talk in its most to ?? Chameleon Tool ??Tm, e-mail and direct Novell. one of the insugaors of tile grown-up voice about protecting consumers fax Capabilities. government ??. the decree is a good first step without the risk of lengthy litigation— So stop by your local ?? to see for yourself m addressing its concerns. The Provo. Utah. litigation it probably would have lost. just how quick. ?? and ?? WordScan Plus is. firm will discuss at an upcoming board DOES THE AGREEMENT REALLY It could stop mistakes for good. meeting whether to submit objections or ?? CHANGE ANYTHING? No, Microsoft has PCWEEK litigation. always let hardware manufacturers make THE NEWSPAPER OF CORPORATE ‘‘Sure. I am somewhat disappointed.’’ said other kinds of deals. But the price for those COMPUTING ?? JULY 25, 1984 VOLUME 11 Novell (?? Counsel David Bradford. deals was so much higher that no one could NUMBER 29 S3.05 ‘‘Nevertheless. I understand how the justice afford to use them. Everybody ended up
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making per- processor arrangements whereby Online by tv- ??g itself into Windows 95’s manager of Microsoft’s Personal Operating they ultimately paid Microsoft rovalues for navi- ??tional tools. Systems Division, in Redmond, Wash. every machine shipped. There were always Also known by the code name Marvel. ‘‘We’ve got some salespeople who sometimes escape clauses. It’s just that nobody could Microsoft Network will reach beta testers in can go too far.’’ Williams said he was afford to take them. Now those escape large numbers as part of the sec- and major unaware of any new filings regarding clauses have been codified into the beta version or Windows 95. due this week Microsoft with the Jusuce Department. agreement. Because of the economics, PC Week L??bs took a look at the on-line ‘‘The playing field is not level. however, few will use them, at least not in service on a late-release candidate of the SEE BUNDLJNC, PAGE 138 the short term. As for non-disclosure second beta. Bundling from page ?? agreements. Microsoft was in the middle of Microsoft Network’s on-line services are and we have a problem with that.’’ said an creating a new standard agreement an??. well-integrated into the Windows 95 user executive with a hardware maker, who How pathetic to see Janet Reno prattling on interface. The content is very sparse at this requested anonvmity. Other hardware about ‘‘lower prices immediately.’’ ??ge. but once populated with ??rmation vendors, fearful of reprisals from Microsoft, WILL CONSUMERS REALLY SEE LOWER service providers. also requested an?? nymity. PRICES? How pathetic to see At- Torne?? Microsoft Network may prove to be a One Microsoft customer said further General Janet Reno prauling on about lower valuable information source for Windows 95 complaints to the Justice Department against prices m??ed??cly. If the decree had come users. The information that is available is the company would not affect any business five years ago, when there were viable MS- well-organized into a hierarchy of folders and dealings. ‘‘We’ve been through this DOJ stuff DOS clones, it might have had some icons. with the ?? IBM?? said Pete Bavoso, vice immediate impact. Now, in a world where Navigating discussion groups and chat president of information systems with The MS-DOS is on the way out and Windows has areas was similar to navigating local titles Darby Group Co., a medical supplier and PC no real clones, it will have no short-term and folders. Windows front ends to America Week Corporate Partner in Westbury, N.Y. effect. Online and CompuServe, in contrast. are As for the MDA, several hardware makers WHAT CHANGES WILL REALLY COME separate applications. With Microsoft complained about the high rovalties that ABOUT BECAUSE OF THE SETTLEMENT? Network, we were able to create a link (called could hike PC prices as well as the stiff Very few. It will be slightly easier for a Shortcut) to a discussion group and place provisions for preloading. computer firms to sell Net- Ware-rea?? s??ers the link on the Windows 95 desktop, where However, they also said the licensing without incurring financial penalties from it appeared like any other folder. When we figure is a mere trial balloon floated by Microsoft. In the long term, it may be slightly double-clicked on the discussion group. Microsoft, with Windows 95 not scheduled easier for a firm to introduce a new operating Windows 95 automatically re-established our to ship until mid-1995. system. connection before opening the icon. Also at Comdex, several PC vendors WHO’S THE REAL WINNER? Microsoft. It Shortcut icons can be embedded as Object claimed to have been discouraged by gets two governmental bodies off its back. Linking and Embedding 2.0 objects, allowing Microsoft from demonstrating IBM’s OS/2 And it does so without admitting that it was usors to distribute them. Warp at the show. Hewlett-Packard Co. and wrong, without being forced to divest or Messaging services are just as well- Packard Bell were among the companies that break up, and without paving a cent in fines integrated. We could use the standard decided at the last minute against showing or restitution. Microsoft Exchange E-mail client included OS/2 as a result of implied and suggested Best of all, it has the opportunity to restore with Windows 95 to compose and send retaliation from Microsoft, according to us mage just when it needs it most. Microsoft messages. ?? several sources close to the companies. wants to be a dommant plaver in the PCWEEK Officials with HP, of Palo Alto, Calif., and c??terpri??e market. To do that, it must THE NATIONAL NEWSPAPER OF with Packard Bell, in Chatsworth. Calif., convince global corporations that it is a CORPORATE COMPUTING * NOVEMBER declined to comment. Dell Computer Corp. trustworthy long-term partner. That job 21, 1994 and Toshiba America Information Systems would have been much harder it VOLUME 11, NUMBER 95 ??.95 Inc. showed OS/2 Warp in their booths. governments on two contments were filing PC vendors allege undue pressure from ‘‘Microsoft has been very aggressive about lawsuits. The company might as well have Microsoft staving off the IBM assault,’’ said another changed its slogan to ‘‘Microsoft—the most ?? IBM, OEMs contend strong-arm tactics OEM source. ‘‘There were indications that antitrusted name in the business.’’ BY MANY JO FOLSY AND LISA DICARLO the smoothness and flexibility of bundling HOW DO MICROSOFT’S COMPETITORS LAS VEGAS—IBM and other major Windows 95 would have been jeopardized’’ REALLY FEFL ABOUT THE SETTLEMENT? hardware OEMs are complaining that if the vendor showed systems running Os/2 They feel like schoolboys who complained Microsoft Corp. is unfairly pressuring PC Warp, said the source. about a bully stealing their lunch money and vendors to refrain from bundling OS/2 and ‘‘There’s about 15 things in there where the teacher let the bully keep taking money PC-DOS with their PCs. you get $3, $2, or $1 off if you do things like for four more years while ‘‘investigating’’— Also last week. Microsoft disclosed to put the Win 95 logo in national advertising,’’ and then ?? him off with a token promise to hardware OEMs at Comdex here the said another OEM. be a good boy from now on. And the even Windows 95 MDA (Market Development ‘‘There are strong merchandising got to keep the money he had collected. Agreement), outlining proposed licensing incentives [in the MDA],’’ said Steve Lair. Still, I think the announcement will fees, incentives, and compliance criteria. Toshiba vice president of marketing, adding ??mately benefit the rest of the m??ustry. It Concerning OS/2, the hardware makers that he didn’t see anything in the agreement frees them from their silly fantasy that the claimed that Microsoft officials threatened to that overtly demanded exclusivity to government was going to come riding to their delav, if not withhold entirely, delivery of Microsoft’s products. rescue. Now they can get back to competing Windows 95 code: reduce market- In the weeks leading up to Comdex. on the basis of better products and features, development funds: and withhold sales and Microsoft made it clear to OEMs that it could not better lawyers and lobbvis??s. ?? support training for vendors that offer IBM’s make the transition to Windows 95 a costly ?? ??SSF BEFST IS DIRECTOR OF THE OS/2 or PC-DOS preloaded on their systems, and bumpy move, according to one of the WINDOWS SOLUTIONS CONFER- sources said. sources. ?? EXPOST??. IF YOU WANT ?? TO YOUR Sources said IBM and the hardware Hardware and operating-system vendors ?? CREES. CONTACT ?? (JBERST?? OR ?? vendors have held periodic discussions with complained privately that despite the PC WEEK JULY 25, 1994 the Department of Justice about the alleged proposed justice Department consent NOVEMBER 7, 1994 PC WEEK NEWS ?? unfair Microsoft practices. IBM, the Justice decree—which required Microsoft to alter its Microsoft’s Marvel beta leverages Win 95 Department, and the vendors declined OEM licensing and non-disclosure agreement desktop ?? ?? ?? AND ?? ?? official comment. practices—Microsoft has done little to The Microsoft Network. Microsoft Corp.’s ‘‘The [Justice Department] has turned into modify its behavior. new on4ine service. is taking the first steps a Better Business Bureau for anvone who With the MDA, ‘‘we are not doing per- toward ??ing the ranks of more established wants to shoot off a complaint against system incentives for OEMs. That would be services such as CompuServe and America Microsoft.’’ said David Williams, group in violation of the consent decree,’’ said
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Microsoft’s Williams. ‘‘Instead, we’re offering RESPONSE OF THE WEEK: From system All product names are the property of their incentives for OEMs who go that extra mile Anal??st Jim Ga??nor of Columbus. O??io: respect?? owners. ??1994 Software Spectrum. in marketing Windows 95,’’ he said, ‘‘The likelihood of a Big Crash on the Top of the News specifying financial, training, and joint Internet decreases ??ail??. Links between one Microsoft Settles: Business as Usual promotional incentives. ?? portion of the net and another may Now that Microsoft’s licensing agreements Additional reporting by Neal Boud??. Dan tempora??y go down, but the Internet is for MS-DOS and Windows have been deemed Farber, and John Dodge genes??s was in a Department of Delense ‘‘unfair’’ and ‘‘monopolistic’’ by the BUSINESS project to create a data network capable of Department of Justice, will other operating Jesse Berst withstanding a ??clear attack. Truly crashing systems have a fighting chance on the Berst the Internet for an extended period would desktop? Mode require a bankrolled effort on the level of the According to computer manufacturers. Microsoft’s on-line rivals could end up in most professional modern terrorism. industry analysts, and end users, the outtook ‘cyberia’’ Microsoft has promised to bundle However, I agree that the tourists will start is grim for Novell’s DOS and IBM’s PC-DOS an on-line service called The Microsoft leaving. While Mosa?? may be pretty, and OS/2. They say there’s not much Network ?? Windows ?? next summer on tall. interaction requires both action and thought, motivation for PC manufacturers to preinstall If that occu??s, I pre?? that competing on-line foreign concepts to the pas??ve?? entertained a competing product, since Windows has services will be sentenced to a long, cold w?? masses.’’ ?? millions of users and thousands of software of discontent. Microsoft’s service will have ?? JESSE BERST IS THE ?? ?? FOR applications. And since Microsoft’s an ??beatable edge over Comp??Serve. Prod?? OF W?? WA?? ?? ?? upcoming version of Windows Code-named America Online, and other rivals. C?? Chicago) won’t require DOS, the demand for I’m no an export ?? an?? law, so I don’t ?? MCI (JBERST OR ?? all flavors of DOS is likely to plummet. know whether this ?? ??. But I do know it ??66), Go?? (713372032), ?? Has the train for Chicago already left the feels unfair. It feels like Microsoft is ??ing a FAX ?? station? ‘‘I think the world of OS/2.’’ says monopoly in one area to gain a monopoly in Put Your Ideas to Work... Jerry Williams. vice president of data another, Microsoft may change its terms and The Easy Way. operations for Eglin Federal Credit Union in conditions before the final tele??. But as I With Microsoft Word and Microsoft Excel Fort Walton Beach. Florida. ‘‘It’s a good understand it right now. OEMs will be ?? to Microsoft Word 6 operating system. However, I think the include MSN What’s more ?? will not be Microsoft Word 6 offers you an easier way momentum has swung in Windows favor. If informed they have a?? to do your day-to-day work. It has designed you go with OS/2. you’re kind of stepping off Let’s ?? XYZ Co. makes a deal to ?? ??pecial to make routine chores go faster and make the ladder.’’ Pro?? package w?? ?? computer. It even goes complex tasks simpler. Word features ‘‘DOS is starting to go away and Windows to the trouble of ??ing for a Pro?? sign-on Intellisense technology—build-in intelligence is taking over everything.’’ says Gary screen to appear the first time the ?? book up. that senses what you want to do and Shurman, president of the New Orleans When XYZ ships its Win 95 PCs, it will produces the desired result. Personal Computer Club. ‘‘Unless somebody have to include The Microsoft Network sign- Microsoft Excel 5 comes up with something earthshattering. I on XYZ may not ?? to ?? MSN. It may have Microsoft Excel 5 sets a new standard for don’t think there’s a serious challenger to given money ?? consideration to Pro?? in ?? spreadsheets. Built-in intelligence and Microsoft.’’ not the bundle. Yet, as far as I know, XYZ innovative features let you focus on your Despite the skepticism. Microsoft’s won the able to turn off the built-in MSN analysis, not your data. And rich custom competitors may have their best chance in screen. development tools help you build the years to challenge Bill Gates’s desktop In essence. OEMs will be forced to solutions you want. It all adds up to an domination. After a lengthy investigation by distribute MSN if they want to access intelligent spreadsheet that works the way it the U.S. Department of Justice and the Windows 95—even it that distribution is to should—the way you want. European Commission (the executive body the OEM’s detriment. And best of all, Microsoft Word and Excel that governs the European Community), I also worry that consumers won’t real??e are part of the Microsoft Office programs that Justice Department officials announced in they have options. It’s as if your local phone work alike and work together, so when you July that Microsoft had agreed to end its company were to automatically sign you up learn one, you’re on your way to learning ‘‘illegal monopolistic practices’’ and stop for AT&T’s long-distance service without them all. using ‘‘unfair contracts that choked off letting you know that you have other choices. Buying Software the Easy Way competition and preserved its monopoly’’ in And I worry that Microsoft will use the MSN Microsoft gives you lots of great ways to the PC operating system market. ‘‘registration’’ procedure to read information buy Word 6 and Excel5. And Software Terms of the Decree about customers computer configurations Spectrum has them all at great prices. Under the terms of the consent decree, and send that information to a Microsoft MS Word 6.0 for Windows Upgrade (comp/ Microsoft must change its licensing contracts da??base. At least one other compa??s version) S89* with PC manufacturers (called OEMs). It can (Delrina) has used on-line registration to scan MS Word 6.0 for Mac Upgrade (version) no longer make ‘‘per processor’’ agreements and store configuration info. S89* that require OEMs to pay a royalty to Now, that would be a competitive MS Word 6.0 for Windows NT Upgrade Microsoft for each PC shipped—regardless of advantage—if Microsoft knew the names of (comp/version) S125** whether the preinstalled operating system is millions of Windows users and knew exactly MS Excel 5.0 for Windows Upgrade (comp/ from Microsoft or a competitor. The company what hardware and software they owned version) S89* also can’t require OEMs to purchase a GULAG ??IBROGLIO. I have no evidence MS Excel 5.0 for Mac Upgrade (version) minimum number of Microsoft operating that Microsoft intends to secretly capture and S89* systems or sign a license with terms longer store contiguration info. But the fact that I MS Excel 5.0 for Windows NT Upgrade than one year (although the OEM can renew worry about it points up how Microsoft (comp/version) S125** the license for an additional year). creates problems for itself. For over eleven years, Software Spectrum Perhaps most optimistic about the Justice These fears are feeding the mounting has been providing superior customer service Department ruling is IBM. Which little opposition to Microsoft’s Int?? purchase and and value to companies just like yours. Call success in convin??ing OEMs to preinstall its to The Microsoft Network. The Justice Software Spectrum today. OS/2 operating system. ‘‘This has really Department is being press??ed to open SOFTWARE SPECTRUM 1–800–824–3323 opened the door. We’ve ??ut proactively, another investigation—pressured by the same 7am to 7pm (Central) In Canada call 1–800– contacting, hundreds of PC manufacturers competitors that Microsoft cavalierly 624–6224 ‘‘Software Spectrum price S119, already.’’ says John ?? detector of IBM’s dismisses is ‘‘wh??ers’’ ?? quote a Microsoft S89 after S30,??in rebate. ?? exp?? 1/31/95 Personal Software Products division in exec). Luck??ly for Microsoft, it has no much **Upgrade from most mo??or word Austin. Texas. While So??ing expects some money in can alford to waste millions in processors at ?? ??. Call for det??, Proof of p?? ‘‘major North American manufacturers’’ to legal fees. It looks like it will get a chance for all upgrades. All prices subject to change. pre??stall OS/2?? so far Big Blue’s ??tories to do just that very soon. Other restrictions may apply. have been in Europe. Soyring says that
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German PC makers Vobis and Escom already administration, saying the settlement ‘‘levels a little differently.’’ said Simpson, whose preinstall OS/2—and Escom expects to ship the playing field and opens the door for company develops software for some major 440.000 ??tems with OS/2 over the next 12 competition’’ by curbing Microsoft’s Windows programs. ‘‘Microsoft Is the de months. ‘‘monopollstic practices.’’ facto industry standard for operating systems, Despite the ruling from Justice, Micro soft’s Reno talked tough, adding that ‘‘while the and they will continue to control the influence over PC manufacturers remains company fairly and lawfully climbed to the industry to the advantage of Microsoft and immense. Most of the leading OEMs top of the industry ladder, It used unfair and the detriment of everyone else.’’ contacted for this article had little or no illegal practices to maintain its dominant Microsoft had Insisted It would never settle comment on the Justice Department ruling, position.’’ antitrust charges out of court. Gates was other than to say that their relationship with But the settlement did not address what positively adamant about it, complaining that Microsoft would stay the same (in other many competing companics consider the real the Justice Department was hounding him words, they’d still preinstall Windows). And antitrust issue. Microsoft, they say, has used unreasonably, in the end, however, with many industry pundits sec the consent its control of DOS and Windows to extend lb antitrust charges looking more and more decree as a weak slap on Microsoft’s wrist. hold on the software sector. possible, the company decided to cut a deal. ‘‘I think Microsoft is thrilled with the In fact. during the nearly four years the Judging from the first reviews, Gates appears settlement.’’ says Tim Bajarin. president of government Investigated Microsoft, the to have done quite well by It. Creative Strategies in San Jose, California. Of Redmond, Washbased behemoth managed to Chronicle wiry ser??c?? to this report. course, if Microsoft is too aggressive, it is be the major player In the market not only Sunday, July 24, 1994 C–5 likely to find itself in the sights of regulators for operating systems, but also for major San Francisco Examiner once again. That’s a position even Bill Gates applications such as word processing and COMPUTERS & TECHNOLOGY wants to avoid. spreadsheet software. And even as the Microsoft deal: too little, too late Jeff Bertolucci consent decree goes Into effect, Microsoft is A few days after the Department of Justice Jan ??rancisco ??ronicle trying to tighten the screws on its major announced the settlement of its antitrust THE ?? DAILY CIRCULATION IN competitors by asking smaller software investigation of Microsoft, Bill Gates told the HO??THE?? CA??FORMIA developers to adopt a standard that would Wall Street Journal, ‘‘I intend to defy MONDAY, JULY 18, 1994 make their programs dovetail with gravity.’’ Microsoft Unscathed By Settlement Microsoft’s best-selling ‘‘Office’’ suite of Thanks to the nature of that settlement, it Antitrust pact a slap on wrist for software applications. U?? is likely that he will. giant Friday’s consent decree, which steers the The Justice Department press release By Da??id E??ste?? company and the government clear of the announcing the settlement quoted Attorney Ch?? Staff Writer courts, includes an agreement to change the General Reno as saying, ‘‘Microsoft’s unfair way Microsoft licenses its operating system. Although the government claimed victory contracting policies have denied other U.S. That Issue the government felt was its best in its antitrust battle against Microsoft, it companies a fair chance to compete, chance to beat Microsoft had the antitrust appears as if the world’s largest software deprived cop- ??mers of an effective choice case gone to court. maker suffered little damage and in fact ??ong competing PC operating systems, and Microsoft no longer will offer PC makers should continue to steamroller the rest of the alowed innovation.’’ True enough. steep discounts on volume purchases of DOS industry. and Windows In return for royalities from She went on to state, ‘‘Today’s settlement By agreeing to halt some supposedly every PC said—whether or not the Microsoft levels the playing field and opens the door monopolistic practices, Bill Gates’’ giant system was actually Installed on them. That for competition.’’ company has left the door open ever so ‘‘per-processor’’ licensing strategy had Unfortunately, it is unlikely to do either. &lightly for competitors to grab some piece discouraged manufacturers from buying rival It is telling that in describing the harm of the market for operating systems that run products such a Novell’s version of DOS or caused to competition and innovation by moat of today’s personal computers. It is a IBM’s OS/2 operating system, since they Microsoft’s practices, the attorney general market Microsoft dominates with its MS-DOS already were paying for Microsoft’s version. used the past tense. The particular practices and Windows programs, currently installed Novell’s general counsel, David Bradford, the settlement addressed were on more than 120 million computers saw the consent decree as a clear victory. unquestionably key factors in Microsoft’s rise worldwide. ‘‘This has been a long effort by many to dominance in the 1980s. But sometime late this year of early next. companies for many years.’’ he said, ‘‘and Among other things, Microsoft required PC Microsoft intends to brush away its rivals this decision will provide consumers with manufacturers to pay a license fee for its MS- once again when it introduces Chicago, the Increased choices and more innovative DOS and Windows operating system software next generation of Windows. If PC users flock products.’’ on every PC shipped with an Intel to Chicago as expected. But the euphoria may wear off quickly. microprocessor under long-term Gates actually could increase hit hold on Microsoft’s Chicago program reportedly will agreements—whether or not those PCs the industry he helped create in the early not require an underlying operating system, actually contained that software—and 1990s. leading Industry experts to predict the unreasonably restricted independent There had been speculation that the Justice irrelevancy or death of DOS once Chicago software companies from working with Department, which took over the catches on. Industry Standard P??ts Microsoft compatitors. In so doing, Microsoft Investigation from the Federal Trade Competitors may benefit more from managed to insinuate its technology into the Commission last year, might have gone so far Microsoft’s agreement to’’ loosen restrictions heart and soul of 85 percent of the world’s as to break up Microsoft Just as AT&T was on its nondisclosure agreements—Industry. PCs. split up In 1984. standard pacts that software companics must By 1985, these practices had already had But ns the government closed the case late sign to get advance copies of new products their intended effect: making Microsoft’s Friday, however, it was with a mere slap on such as Chicago. Microsoft In the past has operating system the de fact?? PC standard. the wrist. Microsoft admitted no guilt over forced companies to agree not to work with The present source of Microsoft’s domination allegations of monopolistic practices, and other operating systems in return for access in the PC world derives from the status as the faces no fines or financial penalties. Its to lb programs. standard-holders, not the practices the Justice revenues, now over $4 billion a year, That may help large companies like Novell, Department condemned and which will now probably will not suffer. which is updating its popular WordPerfect be prohibited under the settlement. No wonder Microsoft officials were happy and Quattro Pro programs. But smaller Microsoft, understands this perfectly well, with the terms of the settlement. ‘‘It preserves companies still may find themselves ti??t- ing which, of course, is why Bill Gates let the our ability to do business In a way that IS at windmills in trying to take on Microsoft. settlement happen. Nothing in the proposed effective,’’ said Bill Neukom, vice president Ernie Simpson. president of The Wizard settlement is likely to have anything other of law and corporate affairs. Co. in Denton, Texas, called the settlement ‘‘a than the most marginal effect on Microsoft’s But Attorney General Janet Reno professed waste of time.’’ future. satisfaction with the outcome of the first ‘‘Microsoft will continue to do as they have Inherent in the nature of software major antitrust case of the Clinton been doing, only they’ll word their contracts technology is the concept of dependence.
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Operating systems are useless without ??Publicly disclose its operating system a $100 million cutback in the past year, few application programs and vice versa. Neither interface specifications so that designers of PC companies invest significant sums in new has discrete, stand-alone value. competing operating systems could have technology research. The bulk of such money But of the two, operating systems software assurance that application programs written is spent by Intel to develop chips and must come first and clearly provides the most for MS-DOS or Windows would run Microsoft to further its lead in software. potential for leverage. To its credit, Microsoft efficiently with their operating systems. Many people in the industry decry this understood this earlier than everyone else Microsoft should update its specifications in state of affairs, but lack the money, the and exploited its insight relentlessly. So a periodic and timely manner. marketing or the technology to force technically dependent in the PC industry on San Jose Mercury News meaningful competition. Even the federal Microsoft operating system software, that Se??ng Northern Cal?? Since 1851 government has declined to step in, Microsoft could afford the luxury of a five- ?? NOVEMBER 13, 1994 punishing Microsoft with a slap on the wrist year period in which to perfect. Windows Microsoft, Intel set to define technology after a four-year investigation into what after its initial introduction in 1986. ?? Duopoly: Apple, IBM, Motorola Attorney General Janet Reno called ‘‘illegal, When Apple introduced the Macintosh mounting last-ditch attempt to make PC monopolistic’’ practices. ‘‘graphical user interface,’’ which replaced alternative. BY RORY J. O’CONNOR Perhaps the only force large enough to ob??cure and hard-to-remember keyboard Merr??ry News Staff Writer change anything is an infant agreement commands with easy-to-learn and easy-to-use Tomorrow, when Silicon Valley’s brain announced last week by Apple, IBM and screen icons and a mouse, it marked a trust arrives in Las Vegas as part of a 200,000- Motorola to build a new kind of personal watershed in the development of consumer- strong crowd at the computer industry’s computer, one that would neither use Intel friendly computing. In response, Microsoft largest trade snow, conversation will almost microprocessors nor fea ture Microsoft introduced Windows, which was supposed certainly center on one topic: Can anything operating systems. to provide Macintosh-like ease-of-use. stop Microsoft and Intel from controlling The timing of their agreement, one week [See VIEWPOINT, C–6] everything? before the largest annual gathering of ??VIEWPOINT from C–1 Some fear that as the digital future of the technology power brokers in the world, is no Too little, too late information superhighway emerges, an accident. But the first several versions of Windows unchallenged Microsoft and Intel will wind Even though the alliance will not produce were so poorly designed that very few people up in total, undisputed control of the a product until 1996, IBM and Apple need wanted them, preferring even the archaic technology upon which the country’s citizens every ounce of momentum they can muster DOS with its incredibly difficult keyboard and economy will depend. And few believe for what is probably the last- ditch attempt commands. It wasn’t until 1990, five years that a recently announced alliance between to topple Intel and Microsoft t or even to after its introduction, that Microsoft finally Apple and IBM will prove an effective hope to play a role in defining the technical roadblock. produced a version of Windows that was future. Who will control COMPUTING’S ready for prime. But most analysts insist that Apple and FUTURE? First in an occasional series. Now, one would think that if genuine IBM are waging the wrong war. ‘‘The desktop Today, Microsoft Corp. makes the world’s competition existed in PC operating systems, operating system war is over,’’ said venture most popular software for personal this five-year gap would have been exploited capitalist Ann Winblad, whose Emeryville computers, operating systems that control 85 by one or more competitors of Microsoft. percent of the machines in use. Intel Corp.’s firm specializes in software companies. Indeed, it’s hard to conceive that any microprocessor chips are the brains in 75 ‘‘Microsoft has won.’’ company could have taken as long as percent of all the computers made. Instead. Apple and IBM should be looking Microsoft did to get a basic technology right But the personal computer is rapidly to the information superhighway for and still survive. becoming a home appliance, and the PC is opportunities to sell new technology, expand Yet, Microsoft not only survived during poised to expand from word processing and their business and regain the power to force this period, it prospered. The reason is that spreadsheets to controlling a myriad of other technical competition, said Richard Shaffer, it was virtually impossible to shake free of jobs in our everyday work and personal lives. publisher of the Technologic Letter in New MS–DOS, even when clearly better The companies that control personal- York. alternatives were available. The consumer computer technology are in a position soon That’s because there is a potentially more investment in application programs that to dominate much, much more. lucrative market in the future, one that uses could only run on the Microsoft system was From video telephones to intelligent fax both the personal computer and its too large and the cost of switching to an machines, from office to home, from technology. alternative technology—even a clearly better providing digital information and It goes by the catch-all term of information one—too great. entertainment to managing credit-card and superhighway, but it encompasses a host of While this was obvious to everyone by other financial transactions, Microsoft and major changes in the role of personal 1985 or 1986, Bill Gates understood it in Intel are already extending their reach far computers at work and at home. 1980. beyond traditional personal computing. Some of the latest home, computers are Almost 10 years later, PC manufacturers, Both companies have deep pockets to back already touted as being able to replace nearly consumers and software developers are even the technology— and their unofficial everything in a small office except the coffee more tightly bound to Microsoft operatins partnership is an effective duopoly that could pot. system technologies. The ties that bind are let the companies dictate the price of Phones and fax machines are becoming not contractual, they are technical, which is technology, minimize consumer choices and smarter, thanks to more-powerful computer why the Jus- rice Department settlement will slow the pace of technical progress. brains. And when people are away from their be ineffective. In short, many believe, little stands home or office in the future, they may well And while controlling this standard, between the two comparoes and technical carry portable devices that combine today’s Microsoft is free to compete on applications control of the future. cellular phone with ready information based on the standard. Companies that ‘‘Increasingly, I’m believing it’s all over, access, offering yet another umbilical cord to develop competing spreadsheet, word and we’re going to be locked into Microsoft the PC. processing and other such programs have and Intel forever.’’ said Dataquest analyst Over the next decade, even television is complained for years that Microsoft Kimball Brown. poised to become interactive, offering far programmers have the unfair advantage of In the 13 years since IBM transformed the more choices, two-way video and fountains knowing changes to the operating system PC from hobbyist toy to business tool. control of information on demand—activities that specifications well before anyone else. of the industry has shifted from IBM and require heavy use of computer chips and The fact is Microsoft owns— and closely Apple to their once-tiny corn- petitors. Now, sophisticated operating systems and other guards—the de facto standard for desktop Apple and IBM, despite their combined software. Computers will manage nearly all computers, a critical part of our information annual revenues of nearly $75 billion, are the financial transactions, and will even be a infrastructure. And at least three steps could underdogs. citizen’s primary conduit to the government. be taken to ensure fair competition. Microsoft Except for Apple, whose research and Some experts envision a single intelligent could be required to: development spending remains large despite box in the home, one that would use the
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functions of a personal computer to connect operating system? It’s supposed to be the early 1980’s. According to conventional the home to information and transparent to the user,’’ said analyst Doug theory, the equilibrium marks the ‘‘best’’ communications lines through phone- Kass of the Viewpoint Group in Aptos. ‘‘I outcome possible under the circumstances: company wires or cable-television hookups. don’t think that will lead to huge increases the most efficient use and allocation of There’s little doubt that each of these areas in price. It’s not competition among vendors, resources. will be the site of intense competition. In but what the market will bear in terms of Such an agreeable picture often does almost every case, Microsoft and Intel’s price. Consumers look for what works, not violence to reality. In many parts of the dominance of the PC business would give the cutting edge. If some new (software) is economy, stabilizing forces appear not to them a crucial advantage. priced beyond the glass ceiling of what operate. Instead postitive feedback magnifies If they succeed in controlling key consumers are comfortable paying, it won’t the effects of small economic shifts; the technology in any or all of these areas, they sell.’’ economic models that describe such effects will be able to determine much of how the Not surprisingly, Microsoft officials share differ vastly from the conventional ones. devices work, and could even control how that view Diminishing returns imply a single people receive information or make ‘‘Things are very competitive now,’’ said equilibrium point for the economy, but purchases. And the closer the digital world Brad Chase, general manager of Microsoft’s positive feedback—increasing rerums— moves to merging control into just one or two personal operating systems division. ‘‘Apple makes for many possible equilibrium points. boxes connected to monolithic networks, the is certainly not an uncompetirive company. There is no guarantee that the particular better the chance Intel and Microsoft have to IBM is a very aggressive company. And the economic outcome selected from among the dominate them as they have PCs. thing about technology is you can’t rest on many alter- But Apple insists it is not blind to the your laurels. If you don’t keep aggressive, W. BRIAN ARTHUR is Morrison Professor digital future, despite initial failure in one your leadership will melt like butter.’’ of Population Studies and Economics at new market— that for personal digital Tomorrow in Business Monday: How far Stanford University. He obtained his Ph.D assisrants—and a very slow start for its E- can Microsoft go? ??om the University of California. Berkeley, World on-line service. San ‘‘Jose Mercury News,’’ Wednesday, In 1973 and holds graduate degrees In ‘‘Clearly, there’s a feeling at Apple that December 21, 1994 operations research, economics and these other technologies are very exciting MICROSOFT’S DOMINATION mathematics. Until recently Arthur was on areas,’’ said Rick LeFaivre, the head of the Microsoft’s revenues in the world market leave at the Santa Fe Institute, a research company’s Advanced Technology-Group. for personal computer business grew more in institute dedicated to the study of complex ‘‘But at the same time we’re making sure not 1994 than revenues in the market as a whole, systems. There he directed a team of to take our eye off the PC and say it’s dead. according to preliminary estimates by economists, physicists, biologists and others ... The PC side of our business will be by far Dataquest Inc. Total revenues grow by more investigating behavior of the economy as an the dominant side for a long, long time.’’ than $550 million, while Microsoft’s related evolving. complex system. by W. Brian At the same time, Apple’s partner is revenue grew by more than$650 million. Arthur natives will be the ‘‘best’’ one. struggling to regain power it has lost in ‘‘Lotus 1–2–3. WordPerfect. dBase. Furthermore. once random economic events nearly every area of its business. Internally, Paradox and Harvard select a particular path, the choice may it is replacing top managers, revamping its Graphics once dominated their respective become locked-in regardless of the structure, changing key technology, laying off categories.’’ said Dataquest analyst Karl advantages of the alternatives. If one product workers and trying to figure out how it fits Wong. ‘‘Today, Microsoft products have or nation in a competitive marketplace gets into a world it once controlled. Externally, replaced each of these one-time product ahead by ‘‘chance.’’ it tends to stay ahead and critics say they can’t fathom the company’s category leaders.’’ (Figures are in millions.) even Increase its lead. Predictable, shared strategy, especially in personal computing, ‘‘94 1993 ‘‘93-’94 ‘‘94 ‘‘94 market markets are no longer guaranteed. where it is unclear what software and Rink Company Revenue % chg. ,Revenue, During the past few years I and other hardware technology IBM considers share (%) economic theorists at Stanford University, strategic—and, there, fore, safe for customers 1 Microsoft $2.221 +29.4 $2.873 the Santa Fe Institute in New Mexico and to buy. 34.7 District of Columbia. elsewhere have been developing a view of The problem for Apple and IBM, according 2 Lotus 986—1.8 968 1 the economy based on positive feedback. to analysts, is that they probably have little’’ I. 7 3 Novell 698 -11.6 617 Increasing-returns economics has roots that hope of competing effectively in the digital 7.5 4 Adobe 197 +28.1 253 3.1 5 Symantec go back 70 years or mote. but Its application future unless they can quickly establish their 207 +15.2 238 to the economy as a whole is largely new. new computer as a viable mauve. 2,9 6 Clans 160 -t-9.3 175 The theory has strong parallels with modem But to become a PC alternative. the 2.1 7 Borland 360 -52.8 170 nonlinear physics (instead of the pre-20th- companies must overcome a host of 2.1 8 Intuit 104 +56.9 163 century physical models that underlie difficulties, from wrenching changes in their 2.0 9 Corel 105 +41.6 148 conventional economics), it recluses new and corporate cultures to damaged balance sheets t.8 I0 Delrina 65 +43.1 94 challenging mathematical techniques and it to the improbability of the partnership they 1.1 Others 2.617 -1.7 2.573 appears to be the appropriate theory for began with Motorola more than three years 31.0 Total 7.720 +7.2 8.272 understanding modem high-technology ago. 100.0 economies. ‘‘The whole plan in 1991 was daring, kind Source: Dataquest Inc The history of the videocassette recorder of like chemotherapy,’’ stud Shaffer. ‘‘The MERCURY NEWS furnishes a simple example of positive therapy might kill the patient, but the al Positive Feedbacks feedback. The VCR market started out with ternative is certain death.’’ in the Economy two competing formats selling at about the Few believe that Apple, IBM and Motorola A new economic theory elucidates same price: VHS and Beta. Each format could can thrive against the Microsoft-Intel mechanisms whereby small chance events realize Increasing returns as its market share duopoly short of a move even more unlikely early in the history of an industry or Increased: large numbers of VHS recorders than the original IBM-Apple partnership. technology can tilt the competitive balance would encourage video outlets to stock more ‘‘Without the merger of Apple and IBM Conventional economic theory is built on the prerecorded tapes in VIIS format, thereby into one corporate entity, they are executing assumption of diminishing returns. enhancing the value of owning a VIIS separate strategies, no matter what they say,’’ Economic actions engender a negative recorder and leading mote people to buy one. Winblad said. ‘‘So while some people have feedback that leads to a predictable (The same would, of course, be true for Beta- called this the David and Goliath story, with equilibrium for prices and market shares. format players.) In this way, a small gain in Microsoft as Goliath, there is no David— Such feedback tends to stabilize the economy market share would Improve the competitive perhaps a Tom, Dick and Harry.’’ because any major changes will be offset by position of one system and help it further Not everyone believes that a world where the very reactions they generate. The high oil increase its lead. two companies control most of the prices of the 1970’s encouraged energy Such a market is initially unstable. Both technology is a cause for alarm, however. conservation and Increased off exploration, systems were introduced at about the same ‘‘What’s wrong with there being just one precipitating a predictable drop In prices by time and so began with roughly equal market
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shares; those shares fluctuated early on production is relatively cheap. A new its 24.hour dial When Paolo Uccello designed because of external circumstance, ‘‘luck’’ and airframe or aircraft engine, for example. the clock in 1443. a convention for clockfaces corporate maneuvering. Increasing returns on typically costs between $2 and $3 billion to had not emerged. Competing designs were early gains eventually tilted the competition design, develop, certify and put into subject to increasing returns: the more toward VHS: It accumulated enough of an production. Each copy thereafter costs clockfaces of one kind were built, the more advantage to take virtually the entire VCR perhaps $50 to $100 million. As more units people became used to reading them. Hence. market. are built, unit costs continue to fall and it was more likely that future clockfaces Yet it would have been Impossible at the profits increase. would be of the same kind. After 1530. outset of the competition to say which Increased production brings additional ‘‘clockwise’’ designs displaying only 12 system would win, which of the two benefits: producing more units means gaming hours had crowded out other designs. The possible’’ equilibria would be seleered. more experience in the manufacturing author argues that chance events coupled Furthermore, if the claim that Beta was process and achieving greater understanding with positive feedback. rather than technically superior Is true, then the market’s of how to produce additional units even technological superiority, will often choice did not represent the best economic more cheaply. Moreover. expenence gained determine economic developments. theories outcome. with one product or technology can make it incorporating increasing returns would Conventional economic theory offers a easier to produce new products incorporating destroy theft familiar world of unique, different view of competition between two similar or related technologies. Japan-for predictable equilibria and the notion that the technologies or products performing the example, leveraged an initial investment in market’s choice was always best. Moreover, same function. An example is the building precision instruments into a if one or a few firms came to dominate a competition between water and coal to capacity for building consumer electronics market, the assumption that no firm is large generate electricity. As hydroelectric plants products and then the integrated circuits that enough to affect market prices on its own take more of the market, engineers must went into them. (which makes economic problems easy to exploit more costly dam sites, thereby Not only do the costs of producing high- analyze) would also collapse. When John R. increasing the chance that a coal-fired plant technology products fall as a company makes Hicks surveyed these possibilities in 1939 he will be cheaper. As coal plants take more of more of them. but the benefits of using them drew back in alarm. ‘‘The threatened wreck. the market. they bid up the price of coal (or increase. age.’’ he wrote. ‘‘is that of the greater part of trigger the imposition of costly pollution Many items such as computers or economic theory.’’ Economists restricted controls) and so tip the balance toward telecommunications equipment work m themselves to diminishing returns, which hydropower. The two technologies end up networks that require compatibility; when presented no anomalies and could be sharing the market in a predictable one brand gains a significant market share, analyzed completely. proportion that best exploits the potentials of people have a strong incentive to buy more Still others were perplexed by the question of the same product so as to be able to each, in contrast to what happened to the two of how a market could select one among exchange information with those using it video-recorder systems. several possible solutions. In Marshall’s already. The evolution of the VCR market would example, the firm that is the largest at the If increasing returns are important. why not have surprised the great Victorian outset has the lowest production costs and were they largely Ignored until recently? economist Alfred Marshall one of the must inevitably win in the market. In that Some would say that complicated products- founders of today’s conventional economics. high technology-for which increasing returns case. why would smaller firms compete at In his 1890 Principles of Economics, he are so Important. are themselves a recent all? On the other hand. if by some chance a noted that if firms’’ production costs fall as phenomenon. This is true but is only part of market started with several identical firms, their market shares Increase, a rum that the answer. After all, in the 1940’s and their market shares would remain poised in simply by good fortune gained a high 1950’s. economists such as Gunnar K. Myrdal an unstable equilibrium forever. proportion of the market early on would be and Nicholas Kaldor identified positive- Studying such problems in 1979, I believed able to best its rivals; ‘‘what. ever firm first feedback mechanisms that did not revolve I could see a way out of many of these gets a good start’’ would corner the market. technology. Orthodox economists avoided difficulties. In the real world, if several Marshall did not follow up this observation, increasing returns for deeper reasons. similar-size firms entered a market at the however. and theore??cal economics has Some economists found the existence of same time, small fortuitous events— until recently largely ignored it. more than one solution to the same problem unexpected orders, chance meetings with Marshall did not believe that mcreasing distasteful—unscientific. ‘‘Multiple buyers, managerial whims—would help returns applied everywhere; agriculture and equilibria.’’ wrote Joseph A. 5chumpeter in determine which ones achieved early sales mining—the marestays of the economies of 1954, ‘‘are not necessarily useless, but from and, over time, which firm dominated. his time— were subject to diminishing the standpoint of any exact science the Economic activity is quantized by individual returns caused by limited amounts of fer??le existence of a uniquely determined transactions that are too small to observe, and land or high-quality ore deposits. equilibrium is, of course, of the utmost these small ‘‘random’’ events can accumulate Manufacturing, on the other hand. enjoyed Importance. even if proof has to be purchased and become magnified by positive feedbacks increasing returns because large plants at the price of very restrictive assumptions; so as to determine the eventual outcome. allowed improved organization. Modern without any possibility of proving the These facts suggested that situations economists do not see economies of scale as existence or [a] uniquely determined dominated by increasing returns should be a reliable source of increasing returns. equilibrium— or at all events, of a small modeled not as static, deterministic problems Sometimes large plants have proved more number of possible equilibria—at however 94 SCIENTIFIC AMERICAN February 1990 as economical; often they have not. high a level of abstraction, a field of dynamic processes based on ??ndom events I would update Marshall’s insight by phenomena is really a chaos that is not under and natural positive feedbacks, or observing that the parts of the economy that analytical control.’’ nonlinear??ties are resource-based (agriculture. bulk-goods Other economists could see that With this strategy an increasingreturns production, mining) are still for the most part ALL A market could be re-created in a theoretical subject to diminishing returns. Here RANDOM WALK on a convex surface model and watched as its corresponding conventional economics rightly holds sway. illustrates increasing-returns competition process unfolded again and again. Sometimes The parts of the economy that are knowledge- between two technologies. Chance one solution would emerge, sometimes based, on the other hand. are largely subject determines early patterns of adoption and so (under identical conditions) another. It to increasing returns. Products such as influences how fast each competitor would be impossible to know in advance computers, pharmaceuticals, missiles, improves. As one technology gains mort which of the many solutions would emerge aircraft, automobiles. software, adherents (corresponding to motion downhill in any given run. Still, it would be possible telecommunications equipment or fiber toward either edge of the surface), further to record the particular set of random events optics are complicated to design and to adoption is increasingly likely. leading to each solution and to study the manufacture. They require large initial SCIENTIFIC AMERICAN February 1990 93 probability that a particular solution would investments in research, development and FLORENCE CATHEDRAL CLOCK has emerge under a certain set of initial tooling. but once sales begin, incremental hands that move ‘‘counterclockwise’’ around conditions. The idea was simple, and it may
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well have occurred to economists m the past. evolution, the probability that it will attract private railroads (right) ha the past century But making it work called for nonlinear more firms increases. Industrial adopted the same gauge to extend their range random-process theory that cud not exist in concentration becomes self-reinforcing. mole easily. Eventually all (or most) railroads their day. The random historical sequence of firms used the Same gauge. Similar equations Every increasing-returns problem need not entering the industry deter. mines which describe the behavior of these two system.5. be studied in isolation; many rum out to fit pattern of regional setdement results, but the SCIENTIFIC AMERICAN February 1990 95 a general nonlinear probability schema. It can theory shows that not all patterns ate its share of the U.S. ?? as a resuit. workers be pictured by imagining a table to which possible. If the attractiveness exerted by the gained ?? expert. ence, costs fell further and balls are added one at a time; they can be of presence of other firms always rises as more quality improved again. Before Detroit several possible colors—white, red, green or firms are added, some region will always responded seriously, this posture-feedback blue. The color of the ball to be added next dominate and shut out all others. loop had helped Japanese companies to make is unknown, but the probability of a given If the attractiveness levels off, other serious inroads into the U.S. market for small color depends on the current proportions of solutions, in which regions share the cars. Similar sequences of events have taken colors on the table. If an increasing industry, become possible. Out new tools tell place m the markets for television sets. proportion of balls of a given color increases us which types of solutions can occur under rotegrated circuits and other products. the probability of adding another ball of the which conditions. How should countries respond to a world same color, the system can demonstrate Do some regions in fact amass a large economy where such rules apply? positive feedback. The question is. Given the proportion of an industry because of Conventional recommendations for trade function that maps current proportions to historical chance rather than geographic policy based on constant or diminishing probabilities, what will be the proportions of superiority? Santa Clara County in California returns tend toward lowprofile approaches. each color on the table after many balls have (Silicon Valley) is a Likely example. In the They rely on the open market, discourage been added? 1940’s and early 1950’s certain key people m monopolies and leave issues such as R&D In 1931 the mathematician George Polya the U.S. electronics industry—the Varian spending to companies. Their underlying solved a very particular version of this brothers, William Hewlett and David assumption is that there is a fixed world problem in which the probability of adding Packard. William Shockley-set up shop near price at which producers load goods onto the a color always equaled its current proportion. Stanford University; the local availability of market, and so interference with local costs Three U.S. probability theorists, Bruce M. engineers, supplies and components that and prices means of subsidies or tariffs is Hill of the University of Michigan at Ann these early firms helped to create made Santa unp?? ductive. These policies are appropriate Arbor and David A. Lane and William D. Clara County extremely attractive to the or so for the diminishing-returns parts of the Sudderth of the University of Minnesota at firms that followed. If these eatly economy, not for the technology-based parts Minneapolis. solved a more general entrepreneurs had preferred other places, the where increasing rerums dominate. nonlinear version in ]980. In 1983 two Soviet densest concentration of electronics in the Policies that are appropriate to success in probability theorists. Yuri M. Ermoliev and country might well be somewhere else. high-tech production and international trade Yuri M. Kaniovski, both of the Glushkov On a grander scale, if small events m would encourage industries to be aggressive Institute of Cybernetics in Kiev, and I found history had been different, would the in seeking out product and process the solution to a very general version. As location of cities themselves be different? 1 improvements. They would strengthen the balls continue to be added, we proved, the believe the answer ]s yes. To the degree that national research base on which hightech proportions of each color must settle down certain locations are natural harbors or advantages are built. They would encourage to a ‘‘fixed point’’ of the probability junction points on rivers or lakes, the pattern rums in a single industry to pool their function—a set of values where the of Ones today reflects not chance but resources in joint ventures that share up-front probability of adding each color is equal to geography. To the degree that industry and costs, marketing networks, technical the proportion of that color on the table. people are attracted to places where such knowledge and standards. They might even Increasing returns allow several such sets of resources are already gathered, small early foster strategic affiances, enabling comparues fixed points. chance concentrations may have been the in several countries to enter a complex This means that we can detern the possible seeds of today’s configuration of urban industry that none could NONLINEAR patterns or soluti?? of an increasing-returns centers. ‘‘Chance and necessity,’’ to use PROBABILITY THEORY can predict the problem by solving the much easier Jacques Monod’s phras??ract. Both have behavior of systems subject to Increasing challenge of finding the sets of fixed points played crucial ro?? the development of urban terns, in this model, balls of different colors of its probability function. With such tools centers ?? the U.S. and elsewhere. are added to a table; the probability that the economists can now define increasing- Self-reinforcing mechanisms other than next ball will have specific color depends on returns problems precisely, identify their these regional ones work in international the current proportions of colors (top). possible solutions and study the process by high-tech man. ufacturing and trade. increasing term-ns occur in A (the graph which a solution is reached. Increasing Countries that gain high volume and shows the two-color case: arrows indicate returns are no longer ‘‘a chaos that is not experience in a high-technology industry can likely directions of motion): a red ball is mote under arialytical control.’’ reap advantages of lower cost and higher likely to be added when there is already a hi In the real world, the balls might be quality that may make it possible for them to fib proportion of’’ red halls. This case has represented by companies and their colors by shut out other countries. two equilibrium points: one at which almost the regions where they decide to settle. For example, in the early 1970’s, Japanese all balls are red; the other at which very few Suppose that firms enter an industry one by automobile makers began to sell significant are red. Diminishing terns occur in B: a one and choose their locations so as to numbers of small cats in the U.S. As Japan higher proportion or red balls lowers the maximize profit. The geographic preference gained market vol. tune without much probability of adding another. There is a of each firm (the intrinsic benefits it gains opposition from Detroit. its engineers and single equilibrium point. A corn. bination of from being in a particular region) vanes; production workers gained experience, its increasing and diminishing returns (C) yields chance determines the preference of the next costs fell and its products improved. These many equilibrium points. 98 SCIENTIFIC firm to enter the industry. Also suppose, factors, together with improved sales AMERICAN February 1990 tackle alone. however, that firms’’ profits increase if they networks, allowed Japan to increase Increasing-returns theory also points to the are near other firms (their suppliers or FERROMAGNETS AND REGIONAL RAIL Importance of timing when undertaking customers). The first firm to enter the GAUGES become ordered in much the way. research initiatives in new industries. There industry picks a location based purely on As a disordered magnetic material is cooled is little sense in entering a market that is geographic preference. The second firm (left% the atomic dipoles inside it exert already close to being locked-in or that decides based on preference modified by the tortes on one another, causing neighboring otherwise offers Little chance of success. benefits gained by locating near the first firm. dipoles to align. Eventually all the dipoles in Such policies are slowly being advocated and The third firm is influenced by the positions a sample line up, but the direction they all adopted in the U.S. of the first two firms, and so on. If some take (up or down) cannot be predicted The value of other policies, such as location by good fortune attracts more firms beforehand. Similarly, as Douglas Puffert of subsidizing and protecting new industries— than the others in the early stages of this Swarthmore College has shown, neighboring bioengineering, for example-to capture
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foreign markets, Is debatable. Dubious been superior in the long run is open to identify these states and times, and it can feedback benefits have sometimes been cited question, but much of the engineering guide policymakers in applying the right to justify goveminent-sponsored white literature suggests that high-temperature, gas- amount of effort (not too little but not too elephants. Furthermore, as Paul R. Krugman cooled reactors would have been better. much) to dislodge locked-in structures. of the Massachusetts Institute of Technology Technological conventions or standards, as The English philosopher of science Jacob and several other economists have pointed well as particular technologies, tend to Bronows??d once remarked that economics out, if one country pursues such policies, become locked-in by positive feedback, as my has long suffered from a fatally simple others will retaliate by subsidizing their own colleague Paul A. David of Stanford has structure imposed on it in the 18th century. high-technology industries. Nobody gains documented in several historical instances. I find it exciting that this is now changing. The question of optimal industrial and trade Although a standard itself may not improve With the acceptance of positive feedbacks, policy based on increasing returns is with time, widespread adoption makes it economists’’ theories are beginning to portray currently being studied In. tensely. The advantageous for newcomers to a field—who the economy not as simple but as complex, policies countries choose will determine not must exchange information or products with not as deterministic, predictable and only the shape of the global economy in the those already working there—to fall in with mechanistic but as process-dependent, 1990’s but also its winners and its losers. the standard, be it the English language, a organic and always evolving. Increasing-returns mechanisms do not merely high-definition television system, a screw FURTHER READING MARKET tilt competitive balances among nations; they thread or a typewriter keyboard. Standards S’TRUCTURE AND FOREIGN TRADE. can also cause economies-even such that ate established early (such as the 1950’s- Elhanan Helpman and Paul Krugman. The successful ones as those of the U.S. and vintage computer language FORTRAN) can MIT Press. 1985. PATH-DEPENDENT Japan-to become locked into inferior paths of be hard for later ones to dislodge, no matter PROCESSES AND EMERGENCE OF MACRO- development. A technology that improves how superior would-be successors may be. STRUCTURE W. Brian Arthur, Yu M. slowly at first but has enormous long-term Until recently conventional economics Ermoliev and Yu M. Kaniovs?? in European potential could easily be shut out, locking an texts have tended to portray the economy as Journal of Operational Research, Vol. 30. economy if. to a path that is both inferior and someflung akin to a large Newtonian system, pales 294–303; 1987. difficult to escape. with a unique equilibrium solution SELF-REINFORCING MECHANISMS IN Technologies typically improve u more preordained by patterns of amoral resources, ECDNOMICS. W. Brian Arthur in The people adopt them and firms gain experience geography, population, consumer tastes and Economy as an Evolving Complex System. that guides further development. This link is technological possibilities. In this view, Edited by Philip W. Anderson. Kenneth J. a positive-feedback loop: the more people perturbations or temporary shifts—such as Arrow and David Pines. Addison. Wesley adopt a technology, the mote it improves and the oil shock of 1973 or the stock, market Publishing Co., 1988. the more attractive it is for further adoption. crash of 1987—are quickly negated by the PATH-DEPENDENCE: PUTTING THE When two or more technologies (like two or opposing forces they elicit. Given future PAST INTD THE FUTURE OF ECONOMICS. more products) compete, positive feedbacks technological possibilities, one should in Paul David. I.M.S.S.S. Tech Report No. 533, make the market for them unstable. If one theory be able to forecast accurately the path Stanford University; November, 1988. pulls ahead in the market, perhaps by of the economy as a smoothly shifting COMPETING TECHNOLGIES, chance, its development may accelerate solution to the analytical equations governing INCREASING RETURNS, AND LOCK-IN BY enough for it to comet the market. A prices and quantities of goods. History, in HISTORICAL ??TS. W. Brian Arthur in The technology that improves more rap. idly as this view, is not terribly important; It merely Economic Journal. Vol. 99. No. 394, pages mote people adopt it stands a better chance delivers the economy to its inevitable 116131; March. 1989. of surviving—it has a ‘‘selectional equilibrium. SCIENTIFIC AMERICAN February 1990 99 advantage.’’ Early superiority, however, is no Positive-feedback economics, on the other BYLINE: From LARRY CAMPBELL in guarantee of long-term fitness. hand, finds its parallels in modern nonlinear Atlanta District of Colum??ia In 1956, for example., when the U.S. physics. Ferromagnetic materials, spin BODY: embarked on its nuclear, power program. a glasses, solid-state lasers and other physical NETWORK computing industry leader number of designs were proposed: reactors systems that consist of mutua?? elements Novell is bailing out of a number of its cooled by gas, light water, heavy water, even show the same properties as the economic existing markets and terminating several liquid sodi examples I have given. product lines—including Novell DOS 7 to COMPANIES CHOOSE LOCATIONS to They #phase lock’’ into one of many concentrate on new ‘‘technology initiatives’’ maximize profits, which are determined by possible configurations; small perturbations and usher in an era of ‘‘pervasive computing’’ intrinsic geographic preference (shown by at critical tunes influence which outcome is Novell is initially pulling out of the color) and by the presence of other selected, and the chosen outcome may have personal computer operating system business companies, in this computer-generated higher enerr/(that Is, be less favorable) than by stopping production of Novell DOS 7, a example, mast of the first few companies set. other possible end states. product it acquired as part of its take-over of de in the green region, and so all new This kind of economics also finds parallels Digital Research. companies eventually settle there. Such in the evolutionary theory of punctuated ‘‘The battle for the office desktop is over clustering might appear to imply that the equilibrium. Small events the mutations of and MS-DOS and Windows have won,’’ green region is somehow superior. In other history) are often averaged away, but once in Novell chairman and chief executive Robert runs of the program, however, the red and a while they become all-important in tilting Frankenberg said at last week’s blue regions dominate instead. urn. Robin parts of the economy into new structures and Networld+Interop ‘‘94 conference in Atlanta, Cowan of New York University has shown patterns that ate then proserved and built on Georgia, in the United States. that a series of trivial circumstances locked in a fresh layer of development. ‘‘We will support Novell DOS, but we will virtually the en??e U.S. nuclear industry into In this new view, initially identical not enhance it.’’ light water. Light-water reactors were economies with significant increasing. ‘‘Novell has as much DOS marketshare as originally adapted from highly compact units returns sectors do not necessarily select the Microsoft has network marketshare,’’ said designed to propel nuclear submarines. The same paths. Instead they eventually diverge. Novell executive vice-president John role of the U.S. Navy in early reactor- To the extent that small events determining Edwards. construction contracts, efforts by the National the overall path always remain beneath the ‘‘we are focusing on strong areas.’’ Security Council to get a reactor—any resolution of the economist’s lens, accurate Novell used Networld+Interop ‘‘94 to reactor— working on land in the wake of the forecasting of an economy’s future may be introduce these strong areas, which are part 1957 Sputnik launch as well as the theoretically, not just practically, impossible. of its vision of the future of computing. predilections of some key officials all acted Steering an economy with positive feedbacks Novell sees networking as it is today to favor the early development of Light-water into the best of its many possible equilibrium evolving to encompass a much wider, global reactors. Construction experience led to states requires good fortune and good concept. It envisages everyone now owning improved light-water designs and. by the timing—a feel for the moments when a computer will use networking technology— mid-1960’s, fixed the industry’s path. beneficial change from one pattern to an. through the global information Whether other designs would, in fact, have other is most possible. Theory can help superhighway, among other things.
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It also expects a growing number of people However, it would not be a new operating on comparisons with and difficulties in using computers for the first time in future system in its own right, Mr Edwards said. displacing NetWare. will also need to connect to information hubs Instead, it would be built on existing Those who want to objectively assess the to share and exchange information. systems such as Windows 95. prospects for NT should instead examine the ‘‘Our goal is to take people one step at a ‘‘We will see over four to six months of positioning, capabilities and increasingly time,’’ Mr Edwards said. demonstrating and customer testing of this high-profile endorsements of NT as an ‘‘The future is pervasive computing: system (before it is brought to market),’’ he application server operating system. While connecting people to allow them to work said. NT’s acceptance as a desktop and file server anytime they want—any way.’’ ‘‘It will browse the Internet, NetWare and OS has been slow. a growing number of large, The term ‘‘Pervasive computing’’ is one NCS networks and live in MS Windows, leading-edge corporate customers see Novell has chosen to define its Chicago, UNIXWare and other desktop tremendous potential for NT as an South China Morning Post, September 20, operating systems,’’ Mr Frankenberg said. application server in department-sized 195 vision for the future. To usher it in, the ‘‘It will bring not only these end user environments. More importantly, Microsoft company is turning its attention to a range of services, but also compelling consistent has optimized NT’s server capabilities by new products—encompassing operating NAPIs (network application programmer segmenting its development focus between systems and user interfaces—and services. interfaces) for Windows, UNIX and other desktop and server versions and by Top of the list is SuperNOS, a planned developers to unlock the power of the introducing a broad range of complementary killer operating system that will see the best network from client applications.’’ server offerings. of Novell’s existing NetWare network These new areas of focus do not just see Meanwhile, most of the leading server operating system being combined with the Novell pulling out of the desktop operating application vendors—including those best of UnixWare—its UNIX counterpart. system market—which was itself a move the introducing client/server versions of There are an estimated 40 million NetWare market ‘‘welcomed’’, Mr Frankenberg said. applications that had been available only on users on four million local area networks In addition, Novell is pulling out of the minicomputers and mainframes— have (LANs) worldwide—more than double the database business, up to a point. Having sold selected NT as one of their first server number of users of all other network off Btrieve, its database product, the operating systems, and the one offering the operating systems combined. company is now only working with partners largest market potential. What are NT’s real In addition, there are about 30 million in the database area. prospects as a server operating system’: How users of UNIX applications around the world. It will steer clear of creating vertical can one capitalize on its potential without It is this formidable market that Novell applications and, while working with making their company’s future too dependent aims to capture with SuperNOS, according to information service providers as part of its on Microsoft and ,’OT? Mr Frankenberg. networking technology initiative, it will not Windows NT: The Rumors of its ‘‘The time has come for NetWare NOS to become an information service provider Death Are Premature provide all the services of an operating itself, or attempt to provide communications Make no mistake. Windows NT and its system,’’ he said. infrastructure. successors are Microsoft’s strategic operating ‘‘This is why we are evolving a SuperNOS ‘‘This frees up a considerable number of system. As Microsoft Executive Vice with NetWare and UNIXWare on a common people who are now making the network President Mike Maples states. ‘‘by the end of Novell microkernel. fulfil our vision,’’ Mr Frankenberg said. the 1990s there will be one Microsoft ‘‘We have left the world of the mainframe. Hardware would also be an area that operating system—NT— but there will be Organisations have many servers. By Novell would abstain from dabbling in, he three of them: NT Advanced Server, NT ensuring that NetWare and UNIXWare work said. Advanced Workstation and Windows NT’’ perfectly together, we allow our customers to ‘‘(Former Novell chairman and chief (see Figure 2) Microsoft views the slow initial chose which technology they need on which executive) Ray Noorda got us off hardware in acceptance of NT as only a relatively minor servers.’’ the ‘‘80s. I will keep us on the wagon in the delay in its quest for global software Novell planned to make both products run ‘‘90s,’’ he said. domination. on a single set of hardware, or ‘‘as a single Microsoft’s Operating System and As discussed in Summit Strategies’’ report, system image on multiple hardware sets’’ on Application Strategy for Servers Fine-Tuning Profiting from the Transition from Personal a network. Microsoft’s Server Strategy Desktops to Enterprise Desktops, initial NT ‘‘You get the best of both and a progressive, Microsoft competitors have taken great desktop acceptance will Figure 2: Future of evolutionary path from today’s specialised, pleasure in the slow acceptance of the much the Windows Architecture be limited robust backend,’’ he said. hyped NT. Some of this gloating is certainly primarily to engineering, publishing, ‘‘All applications, trained programmers, well deserved. After a long period of software development, trader workstation tools, interoperability, support, and network anticipatory eulogies for competitive and a few other specialized applications with services continue on without change. operating systems, NT barely shipped particular performance. security and Perhaps best of all, we build on success, 400,000 units in its first full year of reliability requirements. This will begin to adding functionality rather than simply re- availability. This is one-sixth the number of change as developers write applications to writing the old.’’ SuperNOS is still a OS/2 shipments and only marginally higher Win32. Most of these applications will be ‘‘concept’’, according to Mr Edwards. than Solaris’’ 1993 shipments (see Figure I). optimized for Chicago. but they also will ‘‘(It is a) codename for a technology Moreover. the majority of NT shipments axe provide hative performance on NT initiative to bring the best of UNIX and either free copies or axe being used for Workstation and. then, on Cairo. NetWare together in a common system’’ development or evaluation. The story is very different for NT Server. When complete, the system would be open 2.400 NT Server is Microsoft’s future. It is THE to licensing and would be provided on a 4OO* FOUNDATION of all of Microsoft’s target wide range of platforms, he said. Figure 1: Licenses of 32-Bit Operating growth markets— workgroup, department, In addition to its focus on the network Systems Shipped in 1993 (thousands of enterprise. advanced consumer and operating system market, Novell is also units) information highway. Microsoft, however, looking at the client side of the business. Are competitive OS vendors beginning has little or no experience or credibility in Last week Mr Frankenberg unveiled plans their celebrations too soon? After all, those markets. It must develop them for an ‘‘advanced Novell client interface that consider how much solace Apple took in the essentially from scratch. will make it compelling to be connected slow acceptance of Windows. Just as Microsoft recognizes these limitations and networks’’ importantly, many NT cynics are finding is dedicating extensive commitment and Featuring a graphical three-dimensional their evidence in the wrong places. They axe resources to its efforts to establish NT as a user interface with a ‘‘world metaphor’’, the looking at the small number of total NT units, standard server operating system. It has system would make network navigation the minimal acceptance on the desktop and carefully studied the factors that made other simple for the first time, he said. the technical deficiencies of the operating enterprise and server operating systems South China Morning Post, September 20, system. Many of those competitors who view successful and has developed a strategy that 199., NT as a server operating system are focusing combines some of the most important of
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these factors with Microsoft’s own unique partners and has developed a number of distinguish between the operating system twists. NT Server as the Foundation for large, well-funded cooperative technical, and the applications. Microsoft’s Solution Platform Microsoft’s marketing, distribution and consulting Redefining Server Industry Rules to Match most obvious work on NT is in the form of programs to help these partners enter and Microsoft Strengths Microsoft’s approach Daytona. which will be more formally known expand their markets. .Microsoft has already promises to make NT Server a much more as Windows ,NT 3.5. Daytona will deliver attracted more than 600 partners to write comprehensive. integrated server higher performance with smaller memory applications on top of SQL Server. more than environment than is available from any other and will provide better reliability, 25 to write for Systems Management Server. client/server operating system, relational robustness. SMP support and connectivity and 70 partnets to write for Exchange Server. database or messaging backbone vendor. In than version 3.1. SQL Server applications, for example, range fact. NT Server will approach the level of It will be divided into two optimized from diagonal accounting and document integration that previously had been versions—one for advanced desktop users management through vertical applications for available only in proprietary mainframe and (NT Workstation) and one for servers (NT insurance and health care. minicomputer environments. Server). This division will mark the This base of third-party applications will In and of itself, this integration will be beginning of separate, but still binary help make the generalized Microsoft Server attractive to large numbers of customers. compatible code bases that are targeted at Platform a viable foundation for a broad application developers. OEMs and resellers, separate markets. Daytona also will provide range of highly specialized applications. In but Microsoft plans to go even further. It will a migration path to Cairo I NT version 4.0), and of itself, however, this is not different offer these capabilities in a new way that no the scaleable, object-oriented OS that from what is provided by competitive OSs other competitor can directly match. It will Microsoft plans to release by the end of 1995. (i.e., NetWare and Unix), databases (such as combine capabilities that had traditionally However. as important as all of these Oracle7) and groupware environments (such been available only as high-priced, operating system enhancements may be. they as Notes). Microsoft. though, takes a giant customdeveloped solutions on expensive are only the foundation of a much broader step beyond these competitive environments platforms with price levels and distribution Microsoft server strategy. This strategy is by: channels that were available only for basic based on a broad range of server applications Optimizing its applications for, and PC-level solutions. In other words. Microsoft that Microsoft is developing to run on top of integrating them closely into its OS to plans to redefine the rules of competition in NT Server and which will tailor the OS for provide fast performance, permit the the server operating system and applications use in specific functions. application to take full advantage of all market. Microsoft plans to ship five server operating system capabilities (without It will rewrite these rules in a way that applications that will run on top of NT duplicating them) and provide the basis for builds on its existing business model and Server. some of which are already shipping: integrating important application capabilities makes it difficult, if not impossible, for other SQL Server. SNA Server. Systems directly into future versions of the OS. vendors to follow. Management Server. Exchange Server. and Providing a common set of development Summit Strategies believes that Microsoft ‘‘Tiger’’ Video Server. tools and integration protocols that allow will execute this strategy gradually and in a These server applications will likely be third-party applications to be easily way that permits the incremental extension joined by others, including a search and integrated into and take full advantage of the of its traditional low-overhead, product- navigation engine, server versions of many of operating system and all Microsoft server oriented, virtual company business model. its client-based Microsoft Ofrice applications applications and to integrate closely with It will establish this presence in a niche in and. possibly, some ‘‘diagonal’’ server-based Microsoft desktop OSs and applications. which there is very little entrenched business applications, such as accounting, This integration is critical to Microsoft’s competition—department-level, decision human resources management and sale, entire server strategy, it provides developers support application servers (see Figure 4). It automation. Microsoft is also developing an with a single set or’’ APIs and will position the NT server environment as online service t code-named Marve?? that ,a communications protocols with which they a more functional, scalable application ill generally compete with Prodigy and can develop to all Microsoft desktop and platform than NetWare and a less expensive, America Online. server OSs and integrate with all compliant easier-to-own alternative to Unix. While Although these server applications are very Microsoft and third-party applications. It Microsoft plans to ultimately replace different from each other, all share at least provides customers with a modular, NetWare and Unix, initially it will coexist two important factors: They are designed as comprehensive. ‘‘easy-toown’’ server with them by emphasizing connectivity with general, extensible frameworks on which environment. Unix and its use as an application server partners are encouraged to write their own Microsoft also is laying out a road map within existing NetWare file server specialized applications: and each is under to make this integration closer and environments. available on and optimized for use with NT deeper. As a result, data semantics and query Enterprise Application Server Server and is designed to work seamlessly technology will be common across both ?? with all other Solution Platform tools and desktop and server components and File/Print applications. communications will be facilitated between Workgroup Application Serve, The combination of these factors will make them. Unix Core Market NT Server a unique, very formidable server More importantly, the OLE object model— ?? Server operating environment. Creating a already supported by all Microsoft and a Core Market Core Market Consistent, Universal Server Environment small, but growing number of third-party 1993 Each Microsoft server applications competes applications—will form the foundation of 2000 with some third-party offerings. SQL Server. Microsoft’s next-generaLion Cairo operating Source: Su?? Strategies, Inc. for example. competes with Oracle7 and system. In addition. many new Microsoft Figure 4 : Microsoft’s Trojan Horse Strategy Sybase System 10. Exchange competes with products are based on a technology that will Microsoft will use this market as a Lotus Notes and Novell GroupWise. be used in Cairo. This will simplify the beachhead from which to expand gradually ,Microsoft. however, is positioning each of upgrade path to Cairo and will allow the new into complementary segments, such as these applications as generalized. extensible OS to take over many of the capabilities of department-level and branch transaction platforms on top of which smaller, more previously distinct applications. servers, workgroup application servers. file specialized and verticallyfocused Since Cairo will be a pure object-based OS, and print servers and eventually, into some applications can be when. it will be highly modular. Components will division-level environments. Summit Like Oracle and Sybase. Microsoft is be easily added, deleted or replaced, making Strategies expects this strategy to allow attracting third-party developers to write it relatively easy for resellers or customers to Microsoft to grow NT’s position in the specialized applications on top of its own customize the operating system and network server operating system market from generalized platforms. Unlike Oracle and incorporate traditionally distinct functions about 2.5 percent in 1993, to almost 15 Sybase, however, Microsoft will not develop into it. In fact, since all Microsoft server percent by 1997. It will play much larger these applications itself. It will leave this applications will fit into a single, integrated roles in the application server market and. add-on market exclusively to third-party Cairo model, it will be almost impossible to especially, in the lowend to midrange of that
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market. Obstacles to Microsoft’s Dominating needs for proven, reliable server it insists that it is preparing to become an the Application Server— environments are unlikely to select Microsoft enterprise solutions vendor. Part I products, at least for the next several years. It claims that NT Server and its Microsoft is certainly well-positioned to As for openness and portability, it is accompanying applications will provide the establish a strong position in the application largely a question of target markets and robustness, scaleability, reliability, server market. Its success, however, is far tradeoffs. Generally speaking, large corporate capabilities and features of traditional from assured. The company still faces a MIS departments are most likely to demand enterprise solutions. On the other hand, its number of strong competitors and must that their server environments be open, product releases, actions and distri bution overcome a number of self-imposed flexible and scalable. Most of these MIS and support programs suggest that Microsoft obstacles. These obstacles fall into two groups have the capabilities or the resources is really targeting department- level markets. primary categories: some are product-based required to configure. develop for and These mixed messages are extremely while the others are a result of the company’s administer these solutions. In contrast, many confusing to customers and partners, and business model. Microsoft’s productbased small businesses and department-level damages Microsoft’s credibility as a business obstacles are: customers will be willing to trade off such systems provider. Summit Strategies believes The perceived unreliability of benefits in return for solutions that are easier that Microsoft will ultimately recognize that Microsoft server solutions Everybody and less expensive to buy, configure and its most natural and responsive customer recognizes the limitations inherent in the manage, and for which off-the-shelf base, its partner franchise, and its largest Windows desktop environment. Most applications are generally available. potential, most strategic market lies in customers are willing to put up with these The percentage of the market that will fall department-level and branch environments. Limitations in return for the benefits of low into each camp is certainly debatable. While It will focus its product development, its cost, application availability and everyone says that they want open, scalable marketing resources and its partnership standardization. Customers, however, are and robust solutions, when it comes time to programs at this segment. much less willing to accept such limitations make a final decision. Summit Strategies Once it captures a dominant and in application server environments, believes that many more customers will sustainable position in this core market, it particularly when they are using the servers choose easy, cheap and standard. will expand in both directions—downward to run business-critical applications that had Obstacles to Microsoft’s into file server and workgroup markets and previously been entrusted only to Dominating the Application upward into enterprise-level markets. mainframes and mini-computers. Server—Part II Microsoft, however, must address a On one ban’’. NT is relatively robust for a The other, and more difficult obstacles to number of other issues before it can nope to Version 1.0 operating system. However. it is Microsoft’s success in the server market are effectively address even these department- still immature, unproven and lacks many of more dependent on the company’s business level and branch application server markets. model and style of operation, than on its the complementary tools that will be It must build the type of in-house technology. Summit Strategies sees three infrastructure required to establish credibility required for acceptance in business-critical primary. obstacles in this category. in these markets and attract the type of environments. Microsoft does promise more Microsoft’s penchant for making enemies application, distribution, integration and robust upgrades to its operating system. Microsoft has always had a way of making support partners that can address these RDBMS and communications software, new enemies due to such factors as its sheer customers’’ real needs. versions of needed system management and market power, position as industry upstart, As fully discussed in the next report m this messaging software, and improved fault cockiness, and the ruthless way in which it series, Microsoft’s Market. Channel and tolerance and recoverability. However. its often deals with competitors and partners Partner Development Strategy for Servers. continual missed shipment deadlines do not alike. On one hand. vendors have no choice Microsoft recognizes many of these instill great confidence. but to cooperate with a company that is requirements and is making more progress in The limited openness and scalability of the dominant in the market in which they wish addressing them than is generally recognized. Microsoft solution to participate (as Microsoft is on the In summary, Microsoft will certainly be a Although Microsoft operating systems may desktop). On the other hand. vendors can force to be reckoned with in the application be standards, they are not open. This creates avoid, or actively help to defeat those server market. Anyone who hopes to play in a risk, since customers who adopt them will companies which do not yet have market this market must understand where Microsoft have a difficult time migrating to another dominance. is going and how the company will change operating systems, should the need arise. Microsoft’s lack of an enterprise marketing the rules of competition to its own advantage. This problem will be particularly acute for and support organization Microsoft Only by understanding these critical factors customers who buy into Microsoft’s server developed its business model around a can a company decide whether they will applications. since these applications will be product-focused, low-overhead. indirect sales partner or compete with Microsoft and what available exclusively on NT Server and will and support model. This model was well- they must do to survive this competition or be integrally linked to it. suited to the company’s initial goal of selling premiership. This lock-in could be particularly high volumes of low-cost, non-mission- SUMMIT STRATEGIES. INC 360 Newbury dangerous for customers who require that critical products into low levels of business Street, Boston. MA 02115 1o17) 266–9050 their applications be highly scaleable, up organizations. Fax (617) 266–7952 through enterprise environments. Microsoft However, Microsoft is now targeting with This executive briefing contains a solutions currently support symmetric its server products towards the business summers, or Summit Strategies report. In- multiprocessing and will support clustering solutions market, which developed around a depth information is in the actual report. and be portable to all major processors. totally different business model. Its This material ?? righted and cannot be However, NT Server is currently tuned for customers, therefore, have very different reproduced ?? written ??remission from single and dual processing. Its next requirements. Microsoft does not have or Summit. Additional copies can be obtained implementation is only likely to scale to four plan to develop the type of direct sales. through Summit. processors. which is far below the 16- to 30- Implementation consulting or 7124, CPU tuning of a number of versions of Unix. heterogeneous, on-site support capabilities How Microsoft’s Server Strategy Will There are, however, mitigating factors for that many business customers expect from Change the Industry Part II: Microsoft’s each of these concerns. Consider robustness. their key system software vendors. While Market, Channel and Partner Development While Microsoft has missed deadlines in Microsoft is enhancing its direct marketing, Strategy for Servers shipping virtually all of its key products, consulting and support capabilities, it will Microsoft’s goal is to establish NT Server once they do ship. they are reasonably stable rely on third-party partners to provide most as the AS/400 of the client/server world. It and deliver on most of the company’s of these capabilities. There is no evidence to is developing a seamless, optimized, easy-to- promises. When push comes to shove, most suggest that its new target market is ready for use and administer environment that will customers would prefer to receive a stable this type of ‘‘virtual company’’ model. provide access to a broad range of packaged, product late. than a buggy product on time. Microsoft’s confusing market messages business-critical applications. But. regardless of when Microsoft ships. Microsoft doesn’t seem to know what it The server platform will be sold to the computing environments with overwhelming wants to be when it grows up. On one hand, same types of customers who have bought
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IBM’s AS/400-based business solutions— a plans to offer capabilities that have recruits and manages resellers who will be combination of small and midsized traditionally been available only as high- capable of selling Microsoft server products businesses and departments of larger priced, custom- developed solutions on and client/ server solutions and other corporations. expensive platforms, at price points and partners who are specially qualified to train Similar to the AS/400 which comes stan- through channels that were previously customers on and support these new dard with its own specially tuned and associated with PCs. The company also will implementations. optimized operating system, database and provide migration paths from PCs. The Organization Customer Unit also owns management tools, Microsoft is developing a Thus, Microsoft will redefine the rules of Microsoft’s Industry Marketing group which complete suite of base-level server competition in the server operating system targets vertical markets that can potentially applications that axe available exclusively on and applications market. If it succeeds, many generate large sales of Microsoft-based client/ and optimized for bit Server. Microsoft, of Microsoft’s competitors will find it server solutions. however, cannot provide the type of bundled difficult—if not impossible—to compete. Defining a New Client/Server solution that IBM is offering. NT Server must Building a Business-Critical Solutions Business Model run on multiple off-the-shelf servers and Infrastructure Microsoft faces a number of Microsoft’s direct work with corporate must accommodate databases. challenges in its bid to enter these new accounts, through its newly enlarged direct communications, management and other markets. Its corporate infrastructure was sales force, consulting services and support tools from a large number of competitive well-suited to the marketing and support arm, is somewhat similar to that provided by vendors. needs and the economic mandates of the PC traditional enterprise system and software Novell is another network operating system industry. It had a small direct marketing vendors. But there are two major differences vendor who has successfully sold into small organization to promote desktop between Microsoft’s approach and those of and midsized business and departments of productivity, products to storefront computer enterprise vendors. Under the Microsoft larger corporations. As with Microsoft, dealers and a small telephone-based support program: Novell relied on partners and third-party staff to answer questions. It did not have, Third parties handle all product delivery partners for distribution and support and had however, a large customer direct sales force, and much of the implementation and actual to integrate NetWare into heterogeneous a consulting or integration group, or support requirements. All Microsoft product environments. However, Microsoft will face comprehensive support capabilities to which sales, even those under the Select program, more difficult challenges than Novell did MIS managers and CIOs are accustomed. It are fulfilled by third parties. Microsoft’s since NetWare is primarily a file server could not hope to compete with vendors consulting and support groups will typically operating system. In general, file server LANs such as IBM, Hewlett-Packard and Oracle in refer customers to third-party partners or are easier to configure and manage and do selling bet-your-business server products to bring these partners into a project not require the level of integration, earring or large corporations. Microsoft, therefore, has themselves, with the goal of having the begun to build new marketing, integration solutions- oriented sales capabilities that partner handle the implementation and most and support infrastructures that are intended client/server networks do. of the follow-up work. to improve its credibility and more Although Microsoft must provide the value The primary goal in working directly with effectively address the needs of new of supporting a broad range of platforms and customers is to transfer Microsoft’s customers. The company built a: accessory software, it recognizes that too knowledge to its customers, not to actually 3,000-person direct marketing many options lead to the same type of organization, 40 percent of whom are do the work themselves. For example, the confusion that has restrained the growth of dedicated to addressing the needs of large company generally confines consulting work Unix. Microsoft. therefore, is taking corporate customers: to fast-in/fast-out projects where it defines something of a middle path by providing 500-person consulting and systems architectural requirements, plans transitions customers with the choice to purchase its integration group to help large corporate and trains or supervises customer employees server operating system and applications customers plan, design and implement and third parties to provide the actual either as: sophisticated client/server business solutions implementation work and to fully handle Separate, standalone products that can be around Microsoft products: future projects themselves. integrated with any other vendors’’ NT 3,000-person, around-the-clock support Virtually all aspects of these services have Server products or as group, 400 of whom are trained specifically the ultimate goal of helping third-party A single, integrated bundle (called Back on the complexities of server operating partners address the needs of corporate Office), which includes the server operating systems and heterogeneous networking, customers without direct involvement by system and Microsoft server applications as Premier customers get access to higher-level Microsoft. While all product fulfillment is a preconfigured, integrated set of tools support people, an accelerated escalation handled exclusively through third parties. designed to work together. Pricing for this procedure, a dedicated manager who will Microsoft is trying to involve appropriate package is 40 percent less than if all packages help them with proactive planning and, in, partners directly in the demand creation were bought separately. As discussed in the some instances, access to on-site support process. first report of this series, Microsoft’s capabilities. Microsoft’s consulting and support Operating System and Application Strategy Microsoft also formed a new marketing organizations have even more formal for Servers, all Microsoft server products group, the Organization Customer Unit, that structures for training and for bringing share a number of important factors. Each is: is responsible for developing and managing partners into accounts. MCS consultants. for Available exclusively on, and optimized ongoing relationships with business example, dedicate approximately ten percent for use with NT Server, organizations. This unit is divided into two of their total billable hours to helping Designed for use with a common set of primary groups: one to manage large cor- Microsoft Solution Providers (SP) and count Microsoft development tools and integration porate customers, the other to build sales into on partners for providing more than half of protocols; small and midsized companies. The all their billable hours in some of its Designed to work seamlessly with all other Organizations Unit is responsible for: practices. Solution Platform tools and applications: Managing the company’s Select volume This cooperation with SP partners also Positioned as a generalized, extensible licensing program, which is intended to carries through Microsoft’s support and framework on which partners are encouraged make it easier for large corporations to buy training organizations. For example, to write their own specialized applications. from Microsoft and to build ongoing Microsoft Education Services no longer This commonality and integration is relationships with them; deliver training directly to end users. The critical to Microsoft’s server strategy. The Recruiting and managing relationships company has two new channels, Authorized goal is to attract large numbers of developers, with client/server application developers and Training Centers and Technical Education resellers and administrators to the broad systems integrators who will be most Centers, that it established specifically to Microsoft environment, facilitate the important to Microsoft’s efforts to sell client/ deliver courses on Microsoft products and to availability, of hundreds of specialized, server solutions into large corporate certify partners who have completed packaged server applications and to provide accounts; specialized training. customers with a modular, comprehensive, Responsibility for the Microsoft’s value- The company’s support group, meanwhile, easy-to-own server environment. Microsoft added Solution Providers programs. It provides only very limited support for
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Microsoft products’’ connections into smaller companies and individual customers Server Market heterogeneous environments. One class of through large numbers of third-party Unix vendors will most likely offer client/ partners, Authorized Service Centers, have channels. It will attempt to apply this same server server solutions that are more open, been authorized to provide such capabilities. business model to its server business. robust, flexible and scalable than those Furthermore, the company provides very A number of Microsoft partners are already offered by Microsoft IBM will most likely little on-site work and will not even go on- established in and committed to this type of offer AS/400 solutions that are more turnkey site without a Solution Provider. If the business. and easier to manage. Novell will most likely customer does not have an SP, Microsoft will Microsoft is encouraging current server offer solutions that are lower priced. help it select one and then bring the vendor partners (everyone from AST through Microsoft, however, will combine some of Solutions Provider up-to-speed on the Tricord) to bundle NT Server and the Back the best of all of these capabilities with a customer’s environment. Office application suite with some of their number of its own unique advantages. For Developing Partnerships to Enable servers. Some partners such as Compaq and example, it will offer: Microsoft’s Virtual Company Model: Phase Informix will play critical roles as ‘‘bridge The largest base of binary compatible One vendor’’ partners, helping to ‘‘repackage’’ the servers and off-the-shelf applications of any Every vendor, irrespective of the degree of capabilities developed and lessons learned server environment; its horizontal integration, relies on partners from direct sales of client/server solutions Access through the broadest range of to help sell its products. into third-party channel programs. (Summit distribution channels in the industry; Microsoft’s virtual company model will Strategies’’ report, The New Age of Client/ Probably, the lowest cost, best price/ require much closer partnerships with many Server Applications, contains a full performance application servers in the more types of partners than most other examination of the roles of bridge venders.) industry (due to a combination of Microsoft’s companies’’ models. Microsoft already has signed up almost aggressive software pricing, availability on all Various partners will play different roles in 6,000 third-party Solution Provider resellers, hardware platforms and broad distribution); the Microsoft server business model, but and plans to grow this number to about A turnkey solution (based on Back Office these roles will change significantly as the 15,000 resellers by rind- 1995. The company and Vertical Office) in which all of the market for client/server solutions matures. is focusing SP recruiting efforts primarily at components will integrate seamlessly with During the earliest stages of the market, established, successful resellers of products each other and support the same APIs (e.g., Microsoft must work most closely with including the AS/400. OLE, ODBC and MAPI); solutions-oriented systems vendors, systems Novell NetWare. Sun workstations, Unix A strong development platform to which integrators and software developers. After all: RDBMSs and vertical and diagonal custom and packaged application developers Systems vendor partners such AT&T GIS applications. It is targeting resellers who are can write using a broad range of Microsoft and Digital Equipment and systems best situated to address Microsoft’s targeted and third-party tools: integrators such as Andersen and Business verticals in geographies that lack adequate Strong scalability ranging from Systems Group work directly with large coverage. Microsoft also is devoting extensive uniprocessor 486-based PC servers to 30 CPU corporate customers to help define the need efforts to training and generating business for Sequent servers and a broad range of uni- and for, develop, implement and support custom these partners. For example, it is: multiprocessor RISC servers; and solutions; Establishing large, formal programs (e.g., Systems and software that provide Infrastructure software developers will DevCast, BusCast, TechNet and Microsoft reliability, availability, manageability, provide the capabilities required for more Partner Network) to educate and train these security and robustness that will be suitable demanding and sophisticated applications channels: for all but the most demanding applications such as enterprise transaction processing; Passing large numbers of leads to these and environments. Application vendors develop the solutions channels, and is developing vehicles (e.g., Given the strategic importance of the server that will be required to attract customers who trade shows, road shows and seminars) to market to Microsoft’s future, the company cannot or do not want to develop their own generate demand; can be expected to compete ferociously, and applications. Microsoft has already gained Using Microsoft consultants and support offer the largest, best- funded partner commitments from vendors of leading client/ engineers to train partners to perform recruitment, training, advertising and server accounting, MRP, groupware, functions currently provided by Microsoft marketing programs in the industry. document management, and customer personnel, and to actively bring these However, as discussed in the first report of management applications; partners into accounts; Actively helping this series on Microsoft’s NT Server strategy. Relational database vendors will play high-end, traditionally direct sales system Microsoft’s Operating System and particularly important roles in the early vendors (e.g., AT&T GIS and Digital), Application Strategy for Servers, the stages of this market. RDBMSs are critical database vendors (e.g., Oracle and Sybase) company will still be hampered by factors client/server infrastructure technologies and and application vendors (e.g., SAP and D&B such as: most of the vendors have their own solution- Software) to develop and offer their own Novell’s strong established position in the based sales, consulting, application products through third-party channels; channel and in the file server and low-end development and support capabilities. Encouraging distributors and aggregators to database server markets; Moreover, once an RDBMS is ported to an provide built-to-order, custom-configured Unix’s perceived (and in many instances, operating system, it is relatively easy for all server bundles (that combine Back Office real) advantages in areas such as reliability, of the applications written to these RDBMSs back-end, Vertical Office front-end, and scalability and openness; to be ported. specialized third-party applications) to their Microsoft’s reputation for ruthlessness and Microsoft will always want to play a role resellers. for competing with its software partners in a in the type of large, corporate, custom Microsoft plans to use its market position, segment of the market in which partnerships implementations that are handled by large vendor partnerships and aggressive channel are critical; and system vendors SI. RDBMS and application development programs to build a broad, Whether the market or channel is prepared partners. Therefore, it will have a continuing third-party, client/server distribution and for the virtual company model on which need to work with these first- generation support channel well before its competitors. Microsoft is staking its future. Summit client/server partners. However, Microsoft It will then try, to lock these channels into Strategies views this last issue as the single will be ready to shift its primary emphasis to Microsoft solutions by ensuring that they are most important, most open question in a new group of partners once client/server familiar and comfortable with Microsoft assessing Microsoft’s prospects for success in computing (especially Microsoft’s approach products. Microsoft will do this by providing this new market. Will customers who are to it) becomes more widely understood and the best technical and marketing support, by accustomed to a single vendor solution really accepted and a critical mass of applications using its marketing muscle to generate more accept such a diffuse, nontraditional chain of become available for NT Server. sales than competitors (with less effort and responsibility for support of mission-critical, Developing Partnerships to Enable resources from SPs), and by promising never line-of- business solutions?-Will Microsoft’s Microsoft’s Virtual Company Model: Phase to directly compete with its partners (as partners be able to address the demands that Two proprietary and Unix vendors often do). this model will place on them? Microsoft’s primary strength is in selling Microsoft’s Prospects for Success in the As discussed in a number of our previous large quantities of standard products to Client/Server reports. Summit Strategies believes that this
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model will work and that Microsoft is and applications become more es- tablished Partners can protect themselves by building the type of infrastructure that is in the market, and as client/server solutions continually adapting their value-add to required to support it. But even if the virtual become poised to enter broader markets and provide capabilities that Microsoft will company model works, there is still a channels, Microsoft will shift its attentions to require during different stages of its server question as to when it will work. ‘‘bridge vendors’’ who can help translate the products’’ life cycle. While the virtual company model will capabilities and lessons of Phase One- Vendors still have about a three-year almost certainly succeed when client/ server implementations into the type of ‘‘cookbook’’ window of opportunity before Microsoft technologies and markets become more approaches and solutions that will spur establishes the level of market power that mature, how suitable is it during the early broad market, third-party sales. When the will make it difficult or impossible to stages of the market? After all, few people market enters Phase Three, the lowest cost compete head-to-head in its core market. currently understand how to design, develop producers with access to the broadest, most Even after Microsoft attains this level of or maintain client/server solutions, the tools effective distribution channels will be best power, competitors will have many are immature and most configurations are situated. opportunities to ‘‘hit Microsoft where it still custom developed. Divisional Application Server Unix Core isn’t’’ by targeting segments where Microsoft Microsoft’s initial reliance on the virtual Market and its solutions are weak or by focusing on company model has the potential of Enterprise Application Server niches that are too small or specialized to effectively locking the company out of the Source: Summit Strategies, Inc. draw Microsoft’s focus (future Summit market before its business model has a Figure 1: Microsoft’s Server Market and Strategies’’ reports will address this and chance to prove itself. This, however, is not Expansion Strategy related issues in greater detail). likely to occur. After all, Phase One partners By this time. Phase One partners will have Although partners and competitors will al- such as AT&T GIS, Digital Equipment to either: ways have plenty of opportunities. every Sequent, Andersen, EDS and SAP typically Evolve their business models to play by vendor and reseller in the server mar- ket assume full responsibility, for their solutions. Phase Three rules: will have to learn to play by new rules. Ultimately, customers anti partners must Adapt their value-add to ever more These rules will be generally defined by rely on Microsoft rather than on system specialized, demanding, and narrower Microsoft, around the vendor’s own capa- vendors for the stability of the operating segments of the market such as distributed, bilities, channel strengths and business system and the foundation server object-based transaction processing model. For better or worse, the rules of the applications. However, this should not be environments; application server market will come to look much of a problem since no systems Find another market such as global, increasingly like those that currently shape integrator or vendor (including IBM) assumes enterprise Unix solutions; or the personal computer market. full responsibility for every component of a Go out of business. SUMMIT STRATEGIES, INC. All types of partners—hardware vendors, solution. Although it may cause some 300 New bur’,’’ Street. Boston. MA 02115 software vendors and resellers—will be consternation, everybody uses some type of (617) 206–4050 Fax (617 266–7932 susceptible to this type of shake-out. third-party products. While the risk may still This executive briefing contains a Microsoft is using its unique product line be greater for a Microsoft- based solution summar?? of Summit Strategies report, in- and market position to change the rules of than for a vendor-specific Unix system, the depth information is in the actual report. competition in these markets. It is optimizing level of risk will decline as Microsoft’s server its applications for its NT Server operating This material is copy-righted and cannot be products mature (as with bit Server 3.5) and system, providing the type of bundling reproduced without written premission from as implementations of leading reference incentives and using the type of pricing Summit. Additional copies can be obtained accounts become proven. approaches that few, if any, competitors will through Summit Overall. Summit Strategies is quite be able to follow. NEWS RELEASE optimistic about the prospects for NT Server. Even though Microsoft currently is CONTACT: Albert Coacia As fully discussed in the first report Of this competing only with vendors of the broadest Visa series, we expect NT Server to account for a server foundation applications, all partners 615/432–2039 rapidly growing share of the network need to beware. As the client/server market Shelly alien or operating system market, growing from about grows, previously specialized applications Michele Bourdon 2.4 percent in 1993 to 14 percent in 1997. will become increasingly mainstream. As Waggener Edstrom More important than the raw numbers, are discussed in previous reports such as 206/637–909?? the segments in which NT Server will Developing and Leveraging Client/Server into MICROSOFT AND VISA TO PROVIDE experience its greatest acceptance. Broad Markets and Channels. Summit SECURE TRANSACTION TECHNOLOGY Penetration will be relatively low in file Strategies believes that diagonal applications FOR ELECTRONIC COMMERCE server and enterprise application server such as accounting and sales automation will Secure Transactions Across Networks markets, yet NT Server is likely to dominate become just as broad and strategic in the Mean Lower Costs, Expanded Markets the large, highly strategic midrange (large client/server age as data-base and PARIS, France, November 8, 1994— workgroups, departments and branch office) presentation graphics were in the personal Microsoft Corporation and Visa International application server markets. As shown in computer age. If Microsoft decides to enter today announced that the have signed a letter Figure 1, this entry, will provide a perfect these markets, some server application of intent to jointly provide a standard, vehicle by which Microsoft will be able to vendors may face the same types of options convenient and secure method for executing extend its penetration downward into the file in competing with Microsoft that server electronic bankcard transactions across server and workgroup application server operating system vendors will face over the global public and private networks. Their markets, and gradually upward into the next several years, secure solution will held expand the market division and enterprise application server If Microsoft does succeed in changing the for electronic commerce by providing new markets. rules of competition, few will be able to go opportunities for consumers, merchants and Opportunities and Threats for- Microsoft head-to-bead with Microsoft products. Visa member financial institutions. Partners and Competitors They will be faced with a choice of one of The secure transaction technology will Microsoft’s likely success in the two primary strategies: either focus their consist of software that supports both the application server market presents some product and market development efforts on cardholder and merchant sides of a significant opportunities for partners. Each segments of the market m which they have transaction and works with the visaNet phase of the market will offer significant a clear advantage and can establish a payment system to authenticate buyers and revenue and profit opportunities, but the reasonably defensible position; or introduce sellers and to secure transactions for clearing opportunities will vary greatly by type of highly focused products that are optimized and settlement. Microsoft and visa wil1 partner and over time. for a market niche that is too narrow to publish specifications that make secure During Phase One, turnkey solutions attract the direct (or at least focused) transaction technology available to other partners who can define, develop, implement attention of Microsoft. software vendors and card systems to and support custom applications will have a In summary,, partnering with Microsoft implement themselves or license from great advantage. In Phase Two, as NT Server may be as dangerous as competing with it. Microsoft.
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The technology will be developed initially Trade Group’s Board Cancels Hearing division a couple of weeks ago, he told the for the Microsoft?? Windows TM operating On Microdot’s Plan to Acquire Intuit staff that he didn’t believe that Microsoft’s system family and is scheduled to be BY VIVECA NOVAK plan to sell its personal finance package, available in 1995. It will include extensive And DON CLARK Money, to rival Novell Inc., will lead to real encryption capabilities based on technology Staff Reporters of THE WALL STREET competition for Intuit’s much more popular from RSA(r) Data Security, Inc. JOURNAL Quicken program. Microsoft hopes the ‘‘The technological leadership of Microsoft, WASHINGTON-An unusual trade-group divestiture will allay govern- ment concerns along with the global financial reach of visa, hearing on Microsoft Corp.’s pending about any anticompetitive effects of its Intuit allows :he consumer to make payments over acquisition of Intuit Inc., scheduled to take acquisition. networks worldwide as easily and safely as place today, was canceled after Microsoft B6 THE WALL STREET JOURNAL payments made in person.’’ said William L. successfully’’ pressed for an eleventh-hour MONDAY. DECEMBER 12. 1994 Chenevich, group vice president. Visa meeting of the group’s board. Microsoft’s New Marketing Tactios International. ‘‘Our relationship with Mike Maples, a Microsoft executive vice Complaints Microsoft will held to accelerate the growth president, said the Information Tech- nology Hard Push to Get Commitments to of commerce over electronic networks and Association of America board voted Windows 95 May Hurt’’ will open up new opportunities for our overwhelmingly Friday to cancel the hearing, By DON CLARK And LAURIC HAYS member institutions, merchants and after he invoked his right as a director to call Staff Reporters of TICZ WALL ?? JOURNAL cardholders worldwide. As the information a board meeting. ‘‘It wasn’t a Microsoft- Five months after a controversial highway becomes defined, we must look at driven decision,’’ he said. settlement with the Justice Department. a variety of alliances and a variety of ways But he complained in an interview that Microsoft Corp. is using aggressive new to protect :he financial relationships of our scheduled speakers at the hearing were all marketing tactics that have angered some key members and their cardholders.’’ Chenevich opponents of the Intuit deal who are believed customers. also indicated that the two companies to be talking to the Justice Department’s The software powerhouse is seeking more welcomed the interest and support of other antitrust division. That division is reviewing money and more marketing support from parties. the transaction. personal-computer companies for Windows ‘‘Right now, we’re all street people on the News of the cancellation reverberated. ‘‘It’s 95. a fundamental rewrite of the operating information highway; we can’t protect our pretty apparent that Microsoft squelched it,’’ system used on more than 100 million privacy and information: we can’t prove who said Dan Schley, former lead of a tax software personal computers. Microsoft’s proposed we are; we can’t buy anything,’’ said Nathan firm who was ??cheduled to give his views licensing terms have caused a eborus of Myrhvold, senior vice president of Advanced at the session. The Industry is clearly up in complaints from PC maters, who are under Technology at Microsoft. The Microsoft-Visa arms about this.’’ ITAA’s 325 members severe pressure to lower their own prices. technology solves these problems by using include such giants as International Business Microsoft’s terms include an extensive list public- key technology Co assure safety and Machines Corp. and General Motors Corp.’s of marketing incentives to get PC makers to privacy, and easy-to-use client software Electronic Data Systems Corp., as well as quickly commit to the new program . which which allows consumers to use their existing Microsoft. could bring more than 81 billion in sales in bankcards co pay for goods and services ‘‘I’m very disappointed,’’ said Bernard its first 12 months. across multiple applications and merchants.’’ Goldstein, a former chairman of ITAA, ‘‘It Windows 95 also could help Microsoft Will F. Nicholson, Jr., chairman of the was very obvious Microsoft was unhappy further undermine International Business board of directors of Visa U.S.A. and with this process, but this really is, for the 1Fdichines Corp.’s 0S/2 program, which has president and CEO of Colorado National industry, a very large issue. It’s worthy of about 5% of the market compared with Bankshares, Inc., added that U.S. financial venting. . .’’ Microsoft’s 80%. institutions were facing new challenges in a ITAA chairman Jim Mann, who formed the Some computer makers contend the new changing payments environment to provide committee last month, said he believed the terms raise an unfair barrier to their offering their customers with service and support, group’s diverse membership would make for 0S/2 and may violate the spirit of Microsoft’s ‘‘with Microsoft, we have an opportunity to a range of opinions. consent decree with the Justice Department. bring together :ethnology and banking, as Instead of holding today’s hearing, the Vobis Microcomputer AG. Germany’s biggest consumers explore alternative methods of committee will broaden its inquiry to personal-computer maker, also has publicly purchasing at new points of transactions.’’ he evaluate Microsoft’s overall impact on the com. plained about Microsoft’s proposed said. information technology industry. licensing terms for its previous operating Founded in 1975, Microsoft is the Rick Crandall, an ITAA board member and systems and announced plans to start loading worldwide leader in software for personal chairman of Comshare, a software company machines with 0S/2. computers. The company offers a wide range in Ann Arbor, Mich., said a larger look is Microsoft insists it is operating strictly of products and services for business and needed. ‘‘The question is, where does the within the guidelines of the settlement. personal use, each designed with the mission industry stand with regard to Microsoft, what Several large computer makers, including of making it easier and more enjoyable for are its competitive ‘‘tactics, and are they Compaq Computer Corp. and Packard lieu people co cake advantage of the full power illegal or unhealthy for the industry?’’ Electronics Inc, also said they see no unfair of personal computing every day. Microsoft The latest developments add to the anticompetitive bias m the market. ing is headquartered in Redmond, Washington, intensity surrounding the review. Justice incentives. U.S.A. Department staff are being inundated with Still. the harsth response to its biggest. ever Visa, the world’s largest consumer The views-mostly negative-of companies and selling job suggests that even mighty payment system, has more than I1 million individuals about the impact of the deal Microsoft has to tread carefully in prod- cling acceptance locations. Visa member financial beyond the ?? software market that it most the industry toward a major modernization institutions have issued more than 357 directly affects. effort. A serious misstep could wind up million cards worldwide including more Stephen Case, chief executive of America boosting 0S/2, which IBM is promoting than 185 million in the U.S. Visa also has the Online, was to speak at the ITAA event heavily to take advantage of delays in leading global ATM network. Visa, today. Two on-line service pro- viders— shipping Windows 95. There are signs that headquarters in the U.S., has offices An Compuserve Inc., a unit of H & R Block Co.; Microsoft already has begun backing away London (Europe region), Tokyo (Asia Pacific and Prodigy Services Co., a joint venture of from a major price increase for the product. region), Toronto, (Canada region) and Miami International Business Machines Corp. and ‘‘Now is not a sane time to be (Latin America region). Microsoft is a Sears, Roebuck & Co.—have talked to the unreasonable,’’ said Steven Ballmer. registered trademark and windows is a antitrust division about the Microsoft deal. Microsoft’s executive vice president of sales trademark of Microsoft Corporation. Mr. Schley has been a key source of and support. ‘‘IBM has never been thumping RSA is a registered trademark of RSA Data information about the personal financial the drum harder for OS/2 than they are :. Security, Inc. software industry for antitrust division staff. now ....I don’t think they’re going to be . . . THE WALL STRRET JOURNAL He said that in a conference call with seven successful, but you don’t gamble the MONDAY. DECEMBER 5. 1994, lawyers and eight economists from the company on it.’’
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Microsoft doesn’t disclose its terms for PC which computer makers were compelled to Microsoft said Vobis would have to pay S63 maters. Several PC maters said Microsoft pay for a set number of copies of Microsoft’s for each machine under a so-cailed per-copy representatives mentioned possible prices programs, regardless of whether they sold the license, a more costly licensing scheme that from $55 to S75 before discounts for estimated number of computers or not. doesn’t use estimated sales. Windows 95. an increase that could be more Mr. Ballmer said Microsoft’s new The consent decree permits volume than 100% over the estimated average for the marketing incentives for Windows 95 were discounts and says they may be based on combination of its existing DOS and designed to take the place of minimum estimates of future sales. Microsoft’s Mr. Windows programs. commitments while accelerating the move to Ballmer said Mr. Lieven wasn’t being But Michael Culver. senior director of the new product. According to a draft of one required to put windows on every machine product management at Acer Inc.’s PC unit of the ‘‘market development agree menus.’’ he shipped in order to receive the S28 price. in San Jose. Calif., said Microsoft more PC maters can choose among a series of Vobis would pay that price only on copies it recently dropped the proposed price sharply ‘‘milestone’’ steps that can reduce theft used; if the number wound up to be less than and reduced the size and number of royalty payments as much as S20 a machine. 475,000, the royalty rate would be marketing discounts offered. For example. PC makers can get a L3 renegotiated next year. he said. ‘‘The ultimate goal is to have a similar discount a system if they agree to install But Mr. Lieven insisted that once he agreed price as what we are paying for DOS and Windows 95 on at least 50% of their desktop to a price based on total shipments. he would windows now,’’ Mr. Culver said. ‘‘In the end, systems within 30 days of the time it appears be forced to use Windows on that many whether they’ve been forced to be more on the market. They can earn another $2 if machines, regardless of what customers accommodating, or it’s just negotiating they sign a license agreement by March 1, ended up wanting. Microsoft ‘‘is doing strategy, I think in the end. it’s going to another S3 by completing a certification exactly the same u before’’ the consent work.’’ program to earn a Windows 95 logo by next decree, Mr. Lieven charged. After the haggling, some analysts believe April 1. plus $2 more for putting that logo ‘‘I have everyday negotiations with Microsoft will wind up settling for a on PC cases and keyboards. Microsoft, but it’s difficult for them to ‘Microsoft can kill us,’’ the chairman of one But some PC maters contend they have understand that this decade of monopolism PC maker said. ‘‘I worry more about my little choice but to sign the agreements. has ended. We want a choice of operating dealings with Microsoft than I do about my Executives at these companies, who systems,’’ he said. competitors.’’ rice increase of 15% to 2% requested anonymity because of potential 4TH STORY of Focus printed in FULL over earlier operating systems. Rick retaliation from Microsoft, said they could format. Sherlund. an analyst at Goldman. Sachs & face prices for Windows 95 that will put Copyright 1994 The Washington Post Co. estimated that computer makers would them at a disadvantage against competitors if July 18, 1994, Monday, Final Edition SECTION: FIRST SECTION; PAGE A1 wind up paying about $43 a machine for they don’t sign up. LENGTH: 1472 words windows 95. ‘‘Microsoft can kill us.’’ the chairman of HEADLINE: Microsoft Deal Came Down to The flap is just the latest reverberation one company added. ‘‘I worry more about my a Phone Call; With Bill Gates on the Line, from the advent of Windows 95. which dealings with Microsoft than I do about my Justice Dept. Ends a Lengthy Probe replaces both DOS and Windows and is competitors.*’’ SERIES: Occasional Some exectives said promoting Windows scheduled to be shipped in the second BYLINE: Elizabeth Corcoran, Washington quarter of next year. 95 and designing systems to win certification Post Staff Writer The stakes are equally high for IBM. which for its logo program reduces the money they BODY: By last Friday afternoon, the dozen is batting to build acceptance for its latest have to spend promoting other operating lawyers gathered in a conference room at the version of OS/2, called Warp. IBM’s systems. An executive at one PC mater said Justice Department were exhausted. They operating system is based on DOS and it already has cut back on his 0S/2 Warp had spent the past day and a half wrangling Windows. and runs application programs support after agreeing to tile Microsoft over the terms of a settlement that—if written for them. But Warp won’t run rams marketing steps. He said his understanding signed—would close the most extensive tailored for windows 95 unless IBM makes with Microsoft prohibits him from exhibiting antitrust investigation of a software company some major changes to the program, a process Warp at a trade show booth alongside in history. that Microsoft expects could take years. The Windows, although that restriction isn’t ‘‘Get Bill Gates on the phone,’’ demanded new software gap could remove a prop explicitly stated in the contract. Anne K. Bingaman, the department’s keeping IBM’s softwere on the market ‘‘We have to sit there and swallow it. What assistant attorney general for antitrust. Microsoft believes. else do we do?’* said the computer After almost five years of investigation, the Mr. Ballmer asserted that IBM is offering executive. He added in a reference to Justice Department was on the verge of computer makers 0S/2 for free and may be activities permitted under the consent settling its charges of monopolistic practices even paying some to take it. An IBM decree, ‘‘Microsoft ham just found a new way with software giant Microsoft Corp. But not .spokeswoman denied both contentions: she to skin the cat.’’ near enough to sign an agreement. Two wouldn’t disclose exact pricing, but Microsoft’s Mr. Ballmer rejected such previous negotiating sessions had broken off conceded that IBM is ‘‘going for market assertions, stating that the incentives are each time in a stalemate. share.’’ IBM said it has sold 500.000 copies entirely voluntary and don’t discrete against Bingaman believed she had to talk to the of Warp in five weeks, and the spokeswoman other operating systems. ‘The amount of man at the top, Gates, the 38-year-old co- added that the company viewed the recent work isn’t a strenuous set of activities.’’ he founder and chairman of Microsoft. Over the friction between Microsoft and computer said. ‘‘If there isn’t a payback. you lust don’t course of 19 years Gates had turned a simple maters as ‘‘an opportunity.’’ do them.’’ software program into a company with $ 4.5 Complaints about Microsoft’s latest tactics Vobis, the German PC maker, claims that billion in annual sales. For much of the come as the Justice Department prepares for Microsoft insisted on computing discounts industry, he didn’t just run the company, he a final appearance before a federal judge on for its existing’’ operating systems based on was the company. the consent decree this week. Robert Litan. Vobis’s total PC shipments. In August. just Soon Gates came on the line. Bingaman deputy assistant attorhey general in the after the consent decree was signed. recalled that after an hour’s back-and-forth department’s antitrust division, declined to Microsoft proposed a contract to Vobis that over details of Microsoft’s licensing practices, comment on specific allegations against the estimated its annual ship-merits of 88 models Gates said the words she wanted to hear: ‘‘I company but said he has continued to talk at around 475.000 and quoted a Windows can live with this.’’ to rivals about Microsoft’s actions. price of 528 a copy based on that total. Meeting with reporters on Saturday, The consent decree, signed in July, ended Theo Lieven. chairman of Vobis, said he Bingaman said the settlement would end a Microsoft’s practice of ‘‘per-processor’’ wanted a discount based on lower estimated virtual monopoly by Microsoft with its MS- licenses, which Justice contended excluded sales, so that he could accommodate DOS and Windows ‘‘operating system’’ competitors by forcing computer makers to customers that may ask for 0S/2. But software, which controls the basic functions pay for every PC: they shipped that contained Microsoft Wouldn’t quote him a price based of personal computers. It would mean lower particular microprocessor chips. It also on a smaller number of computer shipments, prices and greater choice for consumers, she prohibited ‘‘minimum commitments,’’ under he said. Instead. in oral negotiations. said.
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Microsoft, at its own press conference here For a week, nine people—three each from representative from the European an hour later, offered a different assessment: the Justice Department, Microsoft and the Commission also agreed. ‘‘I’m going to invite your attention back to the commission—spent hours at a time ‘‘She asked me if Neukom had the facts and cut the rhetoric,’’ Microsoft general discussing licensing minutia in conference authority to sign for me and I said, ‘Yeah,’’’ counsel William Neukom said. The company rooms at the commission’s headquarters in Gates added. had settled a costly, bothersome suit; Brussels. ‘‘I’d say the discussions were very The lawyers scrambled to turn dog-eared Microsoft’s business would not be affected by civilized,’’ said Neukom, who headed the pages with scribbles in the margins into a the changes. Microsoft team. single document. They finished the set for The following reconstruction was based on ‘‘There was a lot of information to be the European Commission first, so the interviews with Bingaman, Gates and others exchanged.’’ representatives could make the last flight involved in the negotiations. For a week the negotiators met several back to Brussels, which left at just before a After a long winter of studying evidence, times a day, often picking up again late in the p.m. Friday. Bingaman was convinced that Microsoft’s evening so they could cover new information By 9:30 p.m. the signed settlement was licensing practices for its operating system or terms that had been faxed from Microsoft filed in the U.S. District Court in the District were unfair. In mid-June, she informed her headquarters in Redmond, Wash., which was of Columbia, which must now decide boss, Attorney General Janet Reno, that she nine hours behind Brussels. By Friday, they whether it will be implemented. thought there was enough evidence to sue. had reached an impasse—the Americans flew ‘‘I just went home,’’ Bingaman said. ‘‘It was As as a matter of course, Bingaman’s office home. In interviews, neither side would say a weird feeling. Even after 4 o’clock [and the then contacted the company. what had caused the breakdown. discussion with Gates] I wasn’t clear it was Bingaman asked Microsoft if it was They had agreed to a telephone conference going to happen.’’ interested in settling. Neukom said the on July 11, but Bingaman was not betting on Gates said: ‘‘It’s over. I like to work on company was willing to listen. Microsoft was a happy ending. ‘‘I had to play out the hand,’’ products. This could have been a distraction, fed up with the investigation, which had she said. ‘‘I figured, if it works, great; and if we’ve settled it in a way that doesn’t affect begun in 1989 with an inconclusive Federal not, we gave it our best try.’’ our business.’’ Trade Commission inquiry. The Justice In the conference call, the parties agreed to Gates pointed out that the company has Department picked up the case last August. return to the bargaining table. This time the seven divisions that work on a variety of Although Microsoft had provided what date was set by the Europeans, who could not products. ‘‘None of the people who run those Gates described as ‘‘millions of documents arrive in the United States until late the next divisions are going to change what they do and every piece of e-mail,’’ or electronic day. They agreed to convene again last or think or forecast. Nothing. There’s one guy mail, for more than four years, it never knew Thursday morning. Although the European in charge of [hardware company] licenses. precisely what the government was trying to delegation was down to two, a few more He’ll read the agreement.’’ prove, he said. News reports floated ideas Justice Department lawyers had joined the And when Microsoft signs future licensing such as breaking up the company. talks. agreements with hardware makers, Bingaman ‘‘In some ways, a lawsuit would have been Bingaman had not officially threatened a promised, ‘‘we’ll be watching.’’ a more just environment,’’ Gates said suit, she said, but she was ready to file. On TAB 43 yesterday, because Microsoft could have Thursday a Justice Department attorney had TO APPENDIX TO MEMORANDUM OF publicaly aired its side of the case. ‘‘Things flown to a district where Bingaman wanted AMICI CURIAE IN OPPOSITION TO were just so random.’’ to file, a place, she later said, ‘‘where the PROPOSED FINAL JUDGMENT Gates had once been proud about having dockets are thin—’’ If the negotiations fell IN CIVIL ACTION NO. 94–1564 (SS) virtually nothing to do with Washington irreparably apart, all Bingaman needed was SIGNED BY GARY REBACK politics. But in the past year he had become a final okay from her boss, Reno. SECTION: FINANCIAL; PAGE C1 a more frequent visitor to the nation’s capital, Neukom was uncertain if Bingaman would 94–1564 hiring a local public relations firm and take Microsoft to court. ‘‘People negotiate in FILED calling on journalists and administration lots of different ways,’’ he said. ‘‘But we were LENGTH: 663 words officials to discuss the software industry, the confident of our position and felt the courts HEADLINE: Microsoft’s Plan To Buy Intuit information highway, foreign trade—and the would agree with us.’’ Raises Concern; Trade Group Calls 2 investigation. By about 4 a.m. Friday the talks had Hearings To Get Industry Opinion on Deal When Bingaman and Neukom finally met stalled. Bingaman suggested that a call to SERIES: Occasional in late June, the assistant attorney general Gates to try to resolve some of the disputed BYLINE: Elizabeth Corcoran, Washington laid out a narrower case than many of the terms. The conversation was brief—and Post Staff Writer press reports had suggested. futile. The lawyers quit the offices, BODY: The reach of software giant The Justice Department wanted Microsoft convinced that their differences were Microsoft Corp. has so vexed some in the to change licensing practices that the widespread. computer industry that a major trade department contended unfairly discouraged Yet one more phone call from the Justice association is convening two meetings to talk computer makers from buying operating Department to the Microsoft people drew the about it. systems from Microsoft’s competitors. She negotiators back to the table later on Friday. Yesterday, the Arlington-based Information broached terms for a possible settlement. By early afternoon, with only a few points Technology Association of America (ITAA) A day or so later Neukom responded. unresolved, Bingaman again asked to speak said it was asking companies throughout the Microsoft was willing to negotiate. He to Gates. ‘‘He’s the ultimate decision maker,’’ industry to voice their opinions on requested, however, that the European she said. ‘‘I just wanted to get this settled Microsoft’s latest proposed conquest—Intuit Commission, which was investigating similar with him.’’ Inc., the leading maker of personal finance charges against Microsoft in Europe, be part For the next hour or so, Gates talked via software. Microsoft announced on Oct. 13 of the negotiations. According to Neukom, speakerphone with Bingaman and a small that it planned to buy Intuit for stock worth Microsoft did not want to finish one battle in team of Justice lawyers, along with $ 1.5 billion. the United States, only to face another representatives from the European ‘‘This is a dramatic acquisition by a very overseas. Community and Microsoft. They gathered elite and powerful company,’’ said Bernard Bingaman and the European Commission near the speakerphone in Bingaman’s office, Goldstein, who will chair a special ITAA agreed to negotiate jointly with Microsoft in occasionally leaving in small groups to committee to solicit industry comments on Brussels. debate a point in private. the deal. ‘‘We want to understand why many Bingaman had a vacation coming up, the ‘‘I sat on the phone for a long time,’’ Gates firms in the information technology industry week of July 4, which she traditionally spent recalled. ‘‘People seemed to be coming in and are agitated by this proposed transaction.’’ in Silver City, N.M, the hometown of her out of the room’’ where Bingaman was The ITAA, which represents 325 software husband, Sen. Jeff Bingaman (D-N.M). But talking. and hardware companies, plans to turn over this year, she would miss it. She told only Then came the breakthrough, according to relevant comments to the Justice Department, a handful of key staff members she and a Bingaman. ‘‘Bill finally said, ‘‘I can live with which is reviewing whether the proposed team were heading across the Atlantic. this,’’ and I said the same thing.’’ The deal might squash competition. The agency
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must give approval before the deal can be IN CIVIL ACTION NO. 94–1564 (SS) Gates said m a telephone interview on consummated. SIGNED BY GARY REBACK Friday. ‘‘We want to be one of the companies To gather comments, the ITAA plans to The Washington Post that’s going to make that happen.’’ host two industry hearings, one in Sections Gates’s hard-nosed pragmatism scares his Washington and another in San Francisco, in No 343 competitors. ]’hey snipe that even though early December. The ITAA also will accept SUNDAY, NOVEMBER 13, 1994 Microsoft now employs some of the country written comments submitted by Dec. 2. Microsoft Heads Home brightest software engineers. ,Is work lacks In hopes of skirting criticism that the deal Software Giant Targets Huge Consumer the originality and wh??sy of Apple. Such might inhibit competition, Microsoft plans to Market With a Host of High-Tech Innorations comments irritate Gates. But he can lake transfer its own personal finance software REDMOND, Wash. comfort m the belief that runs through the package, called Microsoft Money, to Novell Behind tall. wooden doors, in a modest core of Microsoft: Business isn’t about Inc. of Provo, Utah. As payment, Novell building on the grounds of software giant formenting cultural revolutions, it’s about would give Microsoft royalties on every copy Microsoft Crop., visitors can take a peek at selling products. of Money it sells for a fixed period. the company’s vision of the future. The doors With the thoroughness of an engineering Microsoft is clearly trading up. Intuit’s swing open to a suite of subtly elegant corps, Gates and his team of executives have software, called Quicken, is estimated to rooms—a model home-of-the-future—dubbed mapped out a strategy that they hope will have 6 million customers while Microsoft ‘‘the Taj’’ by those at Micro-soft. The Taj is make Micro-soil products as familiar to Money has only about 700,000. Among other filled with familiar icons of modern, upper- consumers .is Ivory soap. points, observers suggest that the Justice middle-class life: plush chairs in the living This is no tentative effort. Gates has said Department will weigh the market strength room, crayon drawings on the refrigerator, lie i.-, willing to invest more than a billion that Money would have in Novell’s hands grungy sneakers kicked under a table. dollars over I0 years to develop consumer and whether it would continue to offer real Yet technology has seeped into every products, lie has committed $100 million to competition to Quicken. corner. In the living room, just to the left of an advertising campaign to bolster Micro- Sources said that about 10 days ago, Justice the hearth, is a huge video screen. Another soft’s brand name so that consumers will Department representatives met with screen is above the kitchen counter. A remember its products. And Gates has just Microsoft to request additional details on the children’s corner has its own computer. The hired a chief operating officer—Richard J. proposed deal. Once the department receives screen in the dining room glows with what Herbold, a former Procter & Gamble Co. that information, law requires that it spend could be modern art. The home office is senior vice president, who is credited with only a few weeks finishing its analysis. ready for a video conference. Lights, revising P&G’s pricing strategy to keep it In the course of its review, the Justice temperature and music are controlled by competitive. Tapping the Market Department would be likely to interview central nervous system. Microsoft—whose For Microsoft, the consumer market is software lions of offices—wants to. Not just industry representatives. But some industry tantalizingly large. Microsoft is already the to the homes of a few, but to as many of the players have suggested that few are willing biggest computer soft-ware company in the nation’s million homes as possible. It wants to criticize the software giant publicly world, with revenue of $46 billion in fiscal to ofter as a of images and information that because so many must work with Microsoft 1994. But that looks puny measured against will fly across screens in every room. And it to ensure that their software applications will such consumer products giants as Procter & wants to build the invisible software web that run smoothly on top of Microsoft’s DOS or will make such systems work. Ga??ble. which had more than $30 billion in Windows operating systems, software that is Microsoft Seeks Pump Streams of sales last year, or even video game maker used in most personal computers. Information Into Homes Nintendo Co.. whose estimated worldwide By offering to accept written comments ‘‘Tomorrow in Las Vegas, at the intrade revenue will total about $9 billion ties year. and promising to keep some names show known as Microsoft will offer a of one To get into the consumer market, Microsoft confidential, the ITAA hopes to loosen a few part of this new con-on-line service. rode- is applying the lessons it learned in the tongues. ‘‘I guess we’ll find out how named ‘‘Marvel.’’ As with existing on-line computer software business. Gates got his inhibiting a factor that [concern] is,’’ said Jim services such as America Online or start by honing the layer of software called Mann, who chairs the ITAA. If no one offers CompuServe. Marvel customers will use their the ‘‘operating system,’’ which controls the criticism of the Microsoft-Intuit deal, he computers and modems to tap into a range basic functions of the machine and also suggested, ‘‘it would be responsible to o[ discussion groups, as well as products and shapes the look of the ‘‘applications,’’ or conclude that would be due to business services from Microsoft and others. But programs such as spreadsheets and word relationships with Microsoft. We know Microsoft promises its service will be a show- processors, that run on top of it. there’s concern.’’ stopper. To woo customers, Micro-soft plans When International Business Machines Other software associations have chosen to include access to Marvel in every copy of Corp. decided to use Gates’s disk operating not to get involved in the issue. But the ITAA its next operating system, Windows 95. system, or DOS, on its personal computers, has not shirked such issues in the past. The Gates’s Vision his software became essential to millions of association offered comments during the The new world according to Microsoft will consumers. Over time, Microsoft tightened its government’s investigation of the business be sketched tomorrow morning, when the hold on the market with the ‘‘Windows’’ practices of International Business Machines company’s chairman, Bill Gates, delivers a operating system, which gave DOS a face that Corp. during the 1970s. Within the past year, state-of-cyberspace keynote address at was easier to use. the association also voiced concerns about Comdex. tie will describe life in a world Microsoft has used tills base to vault into whether IBM was still honoring the where people work in ‘‘virtual offices,’’ the lucrative business o[ building conditions of a consent decree it had signed collaborating with colleagues around the applications, such as Microsoft Word [or with the government. Both IBM— and world via portable computing and word processing and Excel for spreadsheets. Microsoft—belong to the ITAA. communications devices. They will use on- These and other applications now generate a In July Microsoft tentatively settled another line services to get medical advice anywhere big share of the company’s revenue. Justice Department inquiry by agreeing to at anytime. tour the world’s art galleries Microsoft’s market lead bothers others. end certain licensing practices that the without leaving their sofas, and pay for goods ‘‘it’s like a greyhound race, and the CEOs are Justice Department alleged were anti- and services with ‘‘electronic currency.’’ all greyhounds.’’ said Scott McNealy, competitive. Last week, the department Yet when Gates describes the future. Ins chairman of Sun Microsystems Inc., in released the public comments it had received images do not have the scientific fuzziness Mountain View. Calif. ‘‘This guy [Gates] on the proposed settlement, along with its that eventually grounded that other high- caught the bunny. He’s driving the damn response. The department received only five flying visionary, former Apple Computer Inc. bunny cart.... No one’s supposed to be letters, including one arguing that the chairman John Sculley. The difference is that driving that cart.’’ government should leave the company alone. Gates’s audience knows—sometimes from Microsoft executives shrug off such TAB 44 hitter experience—that he can turn it into a criticisms. ‘‘There are competitors of ours TO APPENDIX TO MEMORANDUM OF Winning business. who don’t like us. who are envious of our AMICI CURIAE IN OPPOSITION TO ‘‘I’m taking a 10-year horizon, hut success, said Nathan Myrhvold, a senior vice PROPOSED FINAL JUDGMENT everything will be within use [in] live years,’’ president. ‘‘And they’ve gone to great lengths
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trying to claim that our success is not due to UNLITY SERVICES: Plans to develop Microsoft has other products it would like something fair.’’ technologies, with partners such as Pacific to see go live as well. Its 660-person But. he said, ‘‘In every forum that’s been Gas & Electric, that would respond consumer division, for example, hopes to raised, it’s been formally decided that no. automatically to consumers’’ energy and deliver CD-ROMs via communications that isn’t the case.’’ other needs. networks at some point. But to pump He pointed to the Justice Department’s Microsoft Chairman Bill Gates Microsoft information-rich video into consumers’’ decision m July to close its investigation of Seeks to Pump Streams of Information Into home will take faster and more powerful Microsoft’s business Homes Phone charges may also be low, as networks than those Mar vel will use. Microsoft Seeks to Pump Streams of four telecommunications companies are Getting Organized Information Into Homes No Slowing Down expected to say on Monday that they are Microsoft is working to develop these Even the tussle with the Justice working with Microsoft to make dialing into superhighway-size, broad-band networks, Department hasn’t slowed Micro-soft’s plans Marvel a local call for many subscribers. through its Advanced Consumer Technology lot growth. ‘‘We said. a computer on every When subscribers peruse on-line group, headed by Vice President Craig desk sad m every home.’’ (;ales said. And magazines, they will be charged by those Mundie. By next June, the group will employ indeed. the company seems poised to make journals. Like the owner of a mall, Microsoft more than 500 people, working on the that slogan a reality. will exact a percentage front what content technologies that will turn Gate’s Comdex Michael Maples. executive vice president providers earn via the network. Microsoft is address into reality: everything from for products, reels off a strategy (or the not yet saying who those content providers interactive television and utilities that company’s future. Continue the current might be. ‘‘know’’ when a house is too hot or cold, to businesses and grow two other divisions, The company also has a potent plan for personal gadgets such as a ‘‘wallet PC,’’ namely, the ‘‘consumer’’ division (which is spreading Marvel. ‘‘We’ll give you access to which could automatically update a bank now churning out about one new CD-ROM it with Windows 95.’’ Gates said. ‘‘If [the account, or show a video of the kids. For two title per week) and the ‘‘business systems software] notices you have a modern, it will days in late October, division.’’ which is building software for ask you if you want to register Mundie’s group covened about 65 corporate computers. When those businesses electronically.’’ companies from around the world for an are maturing lout or bye years from now, Rick Sherlund, an analyst at Goldman information ‘‘summit.’’ In effect, this was a Maples predicted. Microsoft’s investments in Sachs & Co. in New York, estimates that as meeting of construc tion crews. Behind future consumer products will begin to ‘‘hit many as 14 million people may upgrade their closed doors. Microsoft executives laid out their stride.’’ software to Windows 95 in the first year it their plans for pumping streams of The company’s forthcoming online service. ships them. In contrast. America On-line Inc. information into consumers’’ homes by way Marvel. will he a key part of the strategy. was boasting last month that it had 1.25 of their personal computers, in late 1996 or million subscribers. Even if Microsoft What will be different about Marvel.) ‘‘We early 1997, and eventually through their includes other on-line services in Windows think you have to create an economic model television sets. More than a dozen companies 95, the Microsoft brand name could lure where it’s worth creating content.’’ Gales have pledged to work with Microsoft to customers to Marvel. said. develop—and commercialize— the A Wary Word To do so, Microsoft plans to offer content technology. They include Alcatel Alsthom Steve Case, president of America Online in providers, such as newspapers, the tools to Vienna, is wary of Gates’s plans. Computer SA, Anderson Consulting, Deutsche build all[active displays [or their on-line operating systems are becoming the ‘‘dial Bundespost Telekom, General Instruments products and then, effectively price their tone of the computer age.’’ he said. Just as the Corp., Hewlett-Packard Co., Nippon wares as they please. Subscribing to Marvel government regulates telecommunications, Telegraph & Telephone Corp. and US West The software giant is developing a wide be suggested, the country may need new Inc. range consumer products and services with policies to ensure that consumers can easily According to Mundie, the ‘‘rollout’’ of many partners. Among the initiatives: reach any company’s products or services advanced networks will begin in the Seattle NON-LNE SERVICE: Code-named through the dominant operating system. area late next year. By the end of 1996 or ‘‘Marvel,’’ details of Microsoft’s plan to take ‘‘Ultimately, customers will prefer broad early 1997, Mundie hopes the technology on Prodigy, CompuServe and America range of content, with an engaging will be ready to be ‘‘cloned’’ throughout the Online are to be announced tomorrow Four presentation and offered at an affordable country. Ultimately, if consumers like what telecommunications companies me expected price,’’ Case said. ‘‘There’s not yet evidence they see, every room in a home could have !o be partners, along with ‘‘content that Microsoft will offer consumers a connection to the information highway, providers’’ such as newspaper publishers. something that they’ll want.’’ he added. much like Microsoft’s Taj, he believes. ‘‘Our MICROSOFT’S WORLD Meanwhile, Microsoft is fitting other view is that in the long run this is a very FINANCIAL SERVICES: Proposed elements of its on-line strategy into place. risky but potentially very rewarding business acquisition of ?? Inc . maker of Quicken Last week, Microsoft and Visa International activity.’’ Myrhvold said. He recalls that it personal finance software, would enable on- said they were working on ways to protect look about five years before Microsoft’s line banking on-line information, such as credit card current operating system. Windows, became CREDIT CARD SERVICES: Deal announced numbers. That security will prove handy as a hit. ‘‘I assert it was a good idea to have with Visa International seeks to refine the people begin to use Marvel to buy products done Windows.’’ he said. ‘‘Today, that is a technology for ensuring the privacy of on-line. no-brainer.’’ financial information transmitted over Microsoft has other plans for helping EXHIBIT 5 networks. people check their bank accounts or pay bills TO THE COMMENTS OF RELPROMAX BOOK$ ON-LINE: Microsoft’s consumer remotely. In mid-October. Microsoft made a ANTITRUST INC. division is generating about one new CD- bid to buy Intu?? Inc., the biggest maker of ) CIVIL ACTION NO. 98–1232 (CKK) ROM book per week. Hall of these are done personal finance software, for $1.5 billion in IN THE UNITED STATES DISTRICT with partners Many are aimed at children, stock. Microsoft’s homegrown package, COURT FOR THE DISTRICT OF COLUMBIA such as ‘‘Free Artist’’ and ‘‘Creative Writer’’ called Microsoft Money, has only won about UNITED STATES OF AMERICA ) Plaintiff, ) Plans are m the works to put some of these 700,000 users since it went on sale three ) v. ) ) MICROSOFT CORPORATION, ) ) on-line years ago. About 6 million people use Intuit’s Defendant. ) BROADBAND SERVICES: To create the Quicken. ) CIVIL ACTION NO. 98–1233 (CKK) Technologies lot ‘‘broadband’’ interactive ‘‘‘Money’’ is really quite a good product.’’ STATE OF NEW YORK ex rel. ) Attorney television and computer networking Maples said. But he explained that Quicken’s General ELIOT SPITZER, et al., ) Plaintiffs, ) Microsoft would write the software Partners broader customer base would acce??te Micro- v. ) ) MICROSOFT CORPORATION, ) ) would provide the computer hardware lot soft’s entry into electronic commerce. One Defendant. ) sending the information, consumer devices hurdle Microsoft must clear, though, is a DECLARATION OF BRIAN DAUTCH for receiving and skills to make it work Justice Department investigation into the My name is Brian Dautch. I am a law clerk together Tele-Communications Inc and possible anticompetitive effects of the for Peter Peckarsky, Esq. I have personal General Instruments are major partners. merger. knowledge of the facts testified to below and
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if called as a witness could testify to those (Home or Professional). Bob said that Professional version or Microsoft Windows facts. I am over the age of twenty-one (21) Compaq would not sell a desktop personal Millenium or Microsoft Windows 2000 or years old. computer without an operating system. If Microsoft Windows 98. I asked whether I 2. On January 25, 2002, I placed a Compaq were willing to sell me a desktop could buy the same computer hardware from telephone call to 800–915–3355 to contact personal computer without an operating HP with any other operating system. Jackie the Dell Computer Corporation (‘‘Dell’’). I system I would be able to endeavor to arrange said that HP would sell its desktop personal spoke with Ray at extension 61468. Ray to use an operating system made by a computers only with a version of the refused to state his last name. I asked what software vendor other than Microsoft on the Microsoft Windows XP or Microsoft the price was for a Dell Dimension Model Compaq desktop personal computer. Windows Millenium or Microsoft Windows 8200 desktop personal computer. Ray said 5. On January 27, 2002, I placed a 2000 or Microsoft Windows 98 operating the price was $1,577. I asked what operating telephone call to 800–888–0220 to contact systems. Jackie said that HP would not sell system was on the machine at that price. Ray Compaq again. I spoke with Tim at extension a laptop personal computer without an said the operating systems was a Microsoft 5249. Tim refused to state his last name. I operating system. If HP were willing to sell Windows XP operating system and advised asked what the price was for a Compaq me a laptop personal computer without an that I could have the Home or Professional Presario Model 2700 laptop personal operating system I would be able to endeavor versions of the operating system. I asked computer. Tim said the price was $1,299. I to arrange to use an operating system made whether I could buy the same desktop asked what operating system was on the by a software vendor other than Microsoft on computer from Dell with any other operating machine at that price. Tim said the operating the HP laptop personal computer. system. Ray said that Dell would sell its system would be my choice of either a 8. On January 25, 2002, I placed a desktop personal computers only with a Microsoft Windows XP operating system telephone call to 888–746–7426 to contact version of the Microsoft Windows XP (Home or Professional version) or a Microsoft International Business Machine (‘‘IBM’’). I operating system (Home or Professional). Ray Windows 2000 operating system. I asked spoke with Andy at extension 37229. Andy said that Dell would not sell a desktop whether I could buy the same laptop refused to state his last name. I asked what personal computer without an operating computer hardware from Compaq with any the price was for an IBM Model M67922EU system. If Dell were willing to sell me a other operating systems. Tim said that desktop personal computer. Andy said the desktop personal computer without an Compaq would sell its laptop personal price was $1,289. I asked what operating operating system I would be able to endeavor computers only with a version of the system was on the machine at that price. to arrange to use an operating system made Microsoft Windows XP operating system Andy said the operating systems was a by a software vendor other than Microsoft on (Home or Professional) or Windows 2000. Microsoft Windows XP operating system and the Dell desktop personal computer. Tim said that Compaq would not sell a advised that I could have the Home or 3. On January 27, 2002, I placed a laptop personal computer without an Professional versions of the operating system. telephone call to 800–915–3355 to contact operating system. If Compaq were willing to I asked whether I could buy the same Dell again. I spoke with Jack at extension sell me a laptop personal computer without computer hardware from IBM with any other 58680. Jack refused to state his last name. I an operating system I would be able to operating system. Andy said that IBM would asked what the price was for a Dell Inspiron endeavor to arrange to use an operating sell its desktop personal computers only with Model 8100 laptop personal computer. Jack system made by a software vendor other than a version of the Microsoft Windows XP said the price was $1,379. I asked what Microsoft on the Compaq laptop personal operating system (Home or Professional). operating system was on the machine at that computer. Andy said that IBM would not sell a desktop price. Jack said the operating system would 6. On January 25, 2002, I placed a personal computer without an operating be my choice of either a Microsoft Windows telephone call to 888–999–4747 to contact system. If IBM were willing to sell me a XP operating system (Home or Professional the Hewlett-Packard Company (‘‘HP’’). I desktop personal computer without an version) or a Microsoft Windows 2000 spoke with Ann at extension 3721. Ann operating system I would be able to endeavor operating system. I asked whether I could refused to state her last name. I asked what to arrange to use an operating system made buy the same laptop computer hardware from the price was for an HP Pavilion Model 7966 by a software vendor other than Microsoft on Dell with any other operating systems. Jack desktop personal computer. Ann said the the IBM desktop personal computer. said that Dell would sell its laptop personal price was S 1,999.99. I asked what operating 9. On January 27, 2002, I placed a computers only with a version of the system was on the machine at that price. Ann telephone call to 888–746–7426 to contact Microsoft Windows XP operating system said the operating systems was a Microsoft International Business Machine (‘‘IBM’’). I (Home or Professional) or Windows 2000. Windows XP operating system and advised spoke with Jim at extension 37289. Jim Jack said that Dell would not sell a laptop that I could have the Home or Professional refused to state his last name. I asked what personal computer without an operating versions of the operating system. I asked the price was for an IBM Thinkpad Model system. If Dell were willing to sell me a whether I could buy the same computer 265620U laptop personal computer. Jim said laptop personal computer without an hardware from HP with any other operating the price was $1,099. I asked what operating operating system I would be able to endeavor system. Ann said that HP would sell its system was on the machine at that price. Jim to arrange to use an operating system made desktop personal computers only with a said the operating system was a Microsoft by a software vendor other than Microsoft on version of the Microsoft Windows XP Windows XP operating system (Home or the Dell laptop personal computer. operating system (Home or Professional). Professional versions) or Windows 2000. I 4. On January 25, 2002, I placed a Ann said that Dell would not sell a desktop asked whether I could buy the same laptop telephone call to 800–888–0220 to contact personal computer without an operating computer from IBM with any other operating the Compaq Computer Corporation system. If HP were willing to sell me a system. Jim said that IBM would sell its (‘‘Compaq’’). I spoke with Bob at extension desktop personal computer without an laptop personal computers only with a 21679. Bob refused to state his last name. I operating system I would be able to endeavor version of the Microsoft Windows XP asked what the price was for a Compaq to arrange to use an operating system made operating system (Home or Professional) or Presario Model 8000 desktop personal by a software vendor other than Microsoft on Windows 2000 operating system. Jim said computer. Bob said the price was $1,510. I the HP desktop personal computer. that IBM would not sell a laptop personal asked what operating system was on the 7. On January 27, 2002, I placed a computer without an operating system. If machine at that price. Bob said the operating telephone call to 888–999–4747 to contact IBM were willing to sell me a laptop personal systems was a Microsoft Windows XP HP again. I spoke with Jackie at extension computer without an operating system I operating system and advised that I could 3707. Jackie refused to state her last name. I would be able to endeavor to arrange to use have the Home or Professional versions of the asked what the price was for an HP Pavilion an operating system made by a software operating system. I asked whether I could Notebook Model N53 10 laptop personal vendor other than Microsoft on the IBM buy the same desktop computer from computer. Jackie said the price was S 1,349. laptop personal computer. Compaq with any other operating system. I asked what operating system was on the I declare under penalty of perjury that the Bob said that Compaq would sell its desktop machine at that price. Jackie said the foregoing is true and correct, executed in personal computers only with a version of operating systems was a Microsoft Windows Washington, DC, on January 27, 2002. the Microsoft Windows XP operating system XP operating system (either Home or Brian Dautch
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MTC–00030631 0255 threat to this monopoly. In response to this developing, nor to recover the innovative EXHIBIT 6 threat, Microsoft engaged in a series of efforts that were deterred by Microsoft over TO THE COMMENTS OF RELPROMAX anticompetitive acts designed to stifle the the last five years. The market has moved on. ANTITRUST INC. technological progress and market success of Consumers and applications developers have HTC-00030631 0594 Netscape and Sun. These acts directly made investment decisions that are HTC-00030631 0595 Civil Action No. 98– harmed consumers by, among other things, irreversible. This remedy does, however, 1232 (TPJ) denying them the choice of a browserless return us to a point where an important UNITED STATES DISTRICT COURT FOR operating system, foreclosing opportunities software firm outside of the control of the THE DISTRICT OF COLUMBIA UNITED by OEMs to make PCs more user friendly, operating system monopolist has an STATES OF AMERICA, Plaintiff, v. making it more difficult for consumers to incentive to lower the applications barrier to MICROSOFT CORPORATION, Defendant. obtain competing browsers, and by entry and to develop new middleware STATE OF NEW YORK, ex rel. Attorney preventing some software innovations (Intel’s technologies with cross-platform capabilities. General ELIOT SPITZER, et al., platform-level NSP software) from reaching This was the state of the software industry in Plaintiffs and Counterclaim-Defendants, V. the market. FOF 410. the mid 1990s with the entry and early MICROSOFT CORPORATION, Defendant 5. Most importantly, these acts have successes of Netscape. and Counterclaim-Plaintiff. Declaration of interfered with the process of innovation in 8. In support of the basic strategy of Paul M. Romer three distinct ways. First, consumers did not creating independent companies, the remedy I, Paul Michael Romer, declare as follows: get the innovative products that the prohibits specific acts that could frustrate the I. Qualifications and Scope of Testimony technology being developed by Netscape and creation of the separate companies or 1. I am the STANCO 25 Professor of Sun might have delivered. Second, undermine their independence. It also Economics at the Graduate School of Microsoft’s predatory acts had a chilling prohibits acts that Microsoft has used and Business, the Dean Witter Senior Research effect on innovative efforts by all people who that the new operating systems company Fellow at the Hoover Institution, and the might have developed other software could use to exclude potential competitors. Ralph Landau Fellow in the Stanford technologies that Microsoft found Until the reorganization is completed and the Institute for Economic Policy Research, all at threatening. applications company has had a chance to Stanford University. I have also held the Third, Microsoft harmed the innovative change the structure of the operating systems position of Assistant Professor in the process because it limited competition, and market, the operating systems monopoly will Economics Department at the University of competitive markets are, on balance, the best persist. The company that controls this Rochester and Professor in the Economics mechanism for guiding technology down a monopoly could limit the access to final Departments of the University of Chicago and path that benefits consumers. users by the new applications company or the University of California at Berkeley. I 6. The government’s proposed remedy will any other software developer. These received my B.S. degree in Physics in 1977 prevent these harms from recurring. The prohibitions apply only for a limited period and my Ph.D. degree in Economics in 1983, most important element of the remedy is a of time. Ultimately, the remedy relies on the both from the University of Chicago. I am a reorganization that creates independent market forces created by the reorganization to Fellow of the Econometric Society, a applications and operating systems curb anticompetitive behavior. Research Associate at the National Bureau of companies. It will deprive the operating 9. When I evaluate the potential costs and Economic Research and a former member of systems company of some of the tools that benefits of this remedy, my overriding the Executive Committee of the American Microsoft used to limit competition. It will concern is the effect that it will have on the Economics Association. also create an applications company with the rate of innovation. Information processing is 2. My 1983 Ph.D. thesis and my subsequent incentive and the ability to lower the a pervasive activity in our economy. Even papers revitalized the study of economic applications barrier to entry in the operating small changes in the rate of innovation in growth and were the foundation for a body system market. The applications company this area can, over time, lead to large of work known as ‘‘new growth theory.’’ My can do this by porting its key applications to productivity gains and big improvements in contribution was to formalize a theory in competing operating systems and by the standard of living. Because of the rapid which the rate of technological change is providing new middleware that other progress in microprocessors, memory chips, determined by incentives created in the applications developers can use. This could data storage systems, and communications marketplace. This kind of theory lets one further increase the number of applications networks, the hardware infrastructure for trace the effects that social institutions in available on the competing operating systems information processing is vastly more general, and legal institutions in particular, and thereby lower the applications barrier to powerful than it was just ten years ago. It have on incentives, and thereby on the rate entry. By lowering the barriers to entry, the takes innovative software products like the of technological change. Over time, small creation of a separate applications company browser to harness this power and put it to changes in this rate cumulate into large increases the likelihood of entry in the PC use throughout the economy. By creating differences in standards of living. As a result, operating system market. Even if actual conditions that encourage increased decisions about the law, and especially about competition in the market for PC operating competition in the operating system market, antitrust law as it applies to high technology systems does not emerge, the increased this remedy will increase the rate of industries, can be among the most important potential for entry will limit the strategic innovation in the software industry and economic policy decisions that a society options available to the operating system thereby increase the rate of growth for the makes. monopolist. Furthermore, the presence of economy as a whole. The lasting stream of 3. The Court’s decision in this case will this powerful applications company will lead benefits that can be expected to follow from profoundly affect the information industry, to larger expected payoffs for other this remedy will substantially outweigh any the most technologically dynamic sector in innovators in the software industry by temporary costs that it might involve. our economy. Because technological change providing two independent distribution 10. My detailed analysis of the remedy is has been the central concern in my work, the channels. The presence of these two divided into four sections. The next section, Department of Justice has asked me to independent distribution channels will also Section III, expands on the harm to evaluate the economic effects of its proposed increase the likelihood that users can choose innovation caused by Microsoft’s actions. remedy. among alternative technologies on the merits. Section IV looks in detail at the effects that II. Summary of the Analysis For all these reasons, a reorganization that the reorganization will have on the 4. In its Findings of Fact, the Court found introduces a significant competitor will incentives and behavior of the successor that Microsoft has a monopoly in the market dramatically reduce the likelihood that the companies and on competing firms. Section for PC operating systems that is protected by harmful acts identified in this case will recur. V shows how the conduct provisions of this the applications barrier to entry. By exposing 7. This reorganization returns the software remedy support the independence of the two to applications developers APIs which were industry part way toward the competitive successor companies and prevent specific independent of the Windows operating environment that prevailed before Microsoft anticompetitive acts identified in this case system and thereby eroding the applications took its illegal actions. There is no way to from recurring. Section VI examines the barrier to entry, Netscape’s browser and revive the threat posed by the specific benefits and costs of the remedy both for Sun’s implementation of Java posed a direct technologies that Netscape and Sun were society as a whole and for Microsoft’s
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shareholders. Section VII presents my mechanism as competition among many 95% in recent years. FOF 35. They also have conclusion. actual and potential firms for purchases by a comparable presence among users. III. How Microsoft Has Undermined final users. Before the breakup of AT&T, According to one market analyst, Microsoft’s Innovation engineers described the advantages of having Office suite captures 95% of the revenue in 11. The Court identified a reduction in the a single firm that produced all the telephone the office productivity suite business. RX37. rate of innovation as the most serious harm desksets that connected to the telephone Microsoft’s CEO Steve Ballmer recently that flowed from Microsoft’s illegal acts. FOF network. Since the breakup, consumers have claimed that about 80% of all the electronic 411–412. This reduction can take several benefited from the wider range of choice and information in most companies is stored in forms. The first type of harm arises because more rapid innovation in the handsets that Microsoft Office documents. RX14. consumers were deprived of new types of competition made possible. 18. After the reorganization is fully software or received them only with a lag. 1 According to one Microsoft insider, this implemented, the operating systems Innovative efforts at Netscape and Sun were has been the pattern at the company: ‘‘and company will control the Windows user directly impeded by Microsoft’s actions. As let’s face facts, innovation has never been interface. The applications company would a result, applications developers who could microsoft’s strong suite, we’re much better at control the user interfaces presented by the have written programs that were ripping off our competitors. For example, we Office applications. Hence, each company complements with the Netscape browser or did not invent either ASP [active server has a powerful means of presenting final Java also faced substantially reduced pages] or IE, we bought them!’’ RX8 users with choices about new software incentives to do so. It is impossible to know IV. Analysis of the Reorganization products. For example, if they were with certainty the types of applications that A. General Characteristics of the Proposed promoting alternative browsers, the operating might have developed had innovation Reorganization system company could put an icon that starts continued with full force on both fronts. We 15. The proposed remedy creates two its browser on the desktop. The applications do know, however, that some types of companies that sell different types of company could put a choice on its View applications forecast by the advocates of the software (operating systems and applications) menu that lets a user view a document using browser and the Java virtual machine are with minimal overlap in the product lines its browser. finally emerging. For example, companies are that each company would offer immediately 19. Each company will have products that only now bringing to market server-based after the reorganization takes effect. Over present applications programming interfaces applications accessed via a browser that time, however, each company would be free that can be used by ISVs. The operating substitute for traditional desktop to develop any new type of software product, systems company can continue to offer all of productivity applications. In the absence of including the types of software products the APIs presented by its desktop and server Microsoft’s actions, it is likely that this class supplied by the other company. operating systems. On the desktop, the applications company will control the APIs of applications would be farther down its 16. The internet browser is the most supported by Internet Explorer and by Office. development path. important product in the initial overlap in These APIs are already widely used. 12. The second type of harm springs from the product lines. To handle this case, the Declaration of E. Felten, 36. For example, the message Microsoft sent to developers of government’s proposal gives the applications Microsoft claims that there are 2.5 million potentially competitive software. In the company the intellectual property associated developers who use Office as a platform for with Internet Explorer and the developers browser wars, Microsoft showed that it had building applications. RX38. On the server, the power to reduce the return Netscape and who worked on it. However, because the programs controlled by the applications Sun earned on their investments in Microsoft has placed code that supports company expose APIs and communications innovative technologies and that it was browsing in operating system files that interfaces that let them be linked together as willing to use this power. This reduces the contain code that supports non-browsing building blocks in large server side expected profits that outside innovators can features of the operating system, the applications. For example, a corporate expect to earn from developing technologies operating system company will receive a developer building an e-commerce that threaten to create additional competition license to use and distribute the parts of the application can have the application for Microsoft’s operating system monopoly. code for Internet Explorer that are shipped company’s web server application, IIS, 13. Historically, people working outside of with the Windows operating system product. capture data from a customer and then the dominant firms in the software industry FOF 164. transfer it to its database application, SQL have been responsible for the development 17. The reorganization creates two Server. and commercialization of many of its most powerful software companies with roughly B. The Emergence of Competition in the important innovations. Notable examples similar strategic assets. They will each have Operating System Market include email, the electronic spreadsheet, the annual revenue of more than $8 billion and 20. By freeing the applications company, word processor, the window based-graphical annual profits of more than $3 billion. 2 This this remedy will reduce the barrier to entry user interface, the web browser, user friendly is much larger than the revenues and profits faced by a new operating system company. handwriting recognition on a handheld for 2 To be specific, according to Microsoft’s As separate entities, the applications and device, and instant messaging. This pattern is 1999 10K filing, the Windows Platforms operating systems companies will each have not unique to software. In many industries, division, which corresponds roughly to the an incentive to compete with the other, or at new entrants are a critical source for the proposed operating systems company, had least to encourage other firms to do so. The innovations that take technology in revenue of $8.5 billion. The Productivity applications company will perceive both the fundamentally new directions. Although they Applications and Developer division and the opportunity to take revenue away from the may not innovate themselves, dominant Consumer, Commerce and Other division operating system company and the threat that firms sometimes learn how to exploit the together had revenue of $11.2 billion. Total the operating system company will take new innovations that do arise.1 Because profit for the entire company was $7.8 revenue away from it. This opportunity and outsiders are such an important source of billion. Microsoft does not publish profit threat will create incentives for the innovative energy, Microsoft’s threatening figures by division, but as a very rough guide, applications company to write versions of its message reduced the rate of innovation in the we can assume that profits are proportional applications that run on other operating software industry as a whole. to revenue. This would imply profits of $3.4 systems. By itself, this will lower the 14. The third and final type of harm is the billion for the Windows Platforms division applications barrier to entry protecting the most familiar and fundamental. Microsoft has and $4.4 billion for the remaining units. Windows operating system. The opportunity harmed the innovative process because it has other companies that specialize in selling and the threat will also create incentives for limited competition, and competitive software for the PC. For comparison, Novell, the applications company to develop its markets are, on balance, the best mechanism Adobe, Intuit, Symantec, Rational Software, products into full- featured, cross-platform for guiding technology down a path that Corel, and Macromedia together had total middleware products that other applications benefits consumers. No system of revenue of $3.8 billion and total profit of $0.9 developers can use to develop programs that comprehensive central planning, neither one billion in the most recent year. As the Court run on multiple operating systems. This will controlled by a government, nor one has found, the Windows operating system further reduce the barrier to entry. controlled by the managers of a single firm, has a market share that has been increasing 21. This reorganization places the can hope to be as robust and reliable a over time and that has reached the level of operating system monopolist in a competitive
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situation comparable to that which prevailed middleware that ISVs can use and to sell 30. In this situation, it is likely that one in the mid 1990s. At that time, Netscape had tools that programmers can use to write company would work with the new entrant access to a large fraction of desktops and had cross-platform software. in an attempt to gain an advantage over the an incentive to develop its browser into a 26. The applications company’s defensive other. Either company could consider critical piece of middleware on the PC. The strategy of porting its applications and forming an alliance with Netscape, giving it reorganization recreates this situation with developing them into full-featured an important distribution channel that the applications company in the role played middleware products can be converted into reaches many final users. This strategy might by Netscape. an offensive strategy that takes revenue from be well worth adopting if it increased the 22. To see why incentives drive these two the Windows operating system company. Just likelihood that one incumbent would be able companies toward this outcome, even though as the operating systems company can gain to displace the other. The applications they start from positions where they are not by encouraging innovation in applications, company could use the Netscape browser as direct competitors, it is useful to look in the applications company can gain by part of its strategy for developing full- more detail at the threats and opportunities encouraging innovation in a critical featured cross platform middleware.3 The that each company will perceive when they complement that it does not own, the operating system company could use the are separate. operating system. It can do this by offering Netscape browser as a way to 3 There is 23. The best outcome for the operating its own operating system or by supporting an evidence that Office developers were systems company would be one in which it open source operating system such as Linux. required to support IE preferentially over maintains a dominant position in the 27. Among all existing or potential competing browsers. In a January 1997 email, operating systems market and also captures applications vendors, the newly created Bill Gates made clear his priorities: ‘‘In one some (or all) of the profits from the sales of applications company would be uniquely piece of email people were suggesting that applications. If the operating systems positioned to implement the kind of strategy Office had to work equally well with all company cannot achieve this goal, the next outlined above. From a defensive point of browsers and that we shouldn’t force Office best outcome would be to retain its view, it has a much stronger incentive to take users to use our browser. This is wrong and dominance of the operating systems market acts that protect its current revenue stream. I wanted to correct this.’’ GX351 Later, in and to induce enough competition in the In principle, the newly created applications July 1997, Paul Maritz noted in an email to Windows applications business to increase company should be willing to spend up to Gates and other executives that the Office innovation in applications. This will increase the present discounted value of this stream, group (consistent with Gates’’ comment in demand for the operating system because, as a sum that could be worth anywhere from January 1997) was going to target certain the Court found, applications are critical $40 to $100 billion dollars, if doing so would features of Office for IE, but ‘‘this was hard complements to the operating system. FOF successfully protect this income stream from decision for them (based on IE’s current 37. To complete this three-way classification, attack. In addition, the existing applications market share).’’ GX514. move quickly to a the worst possible outcome for the operating already possess much of the functionality position where it is the dominant vendor of systems company would be one in which it that would be required for these applications a new type of applications suite that relies on faces direct competition from companies to serve as middleware that offers a complete more server-side computing or a user offering alternative operating systems and in set of APIs to developers. No other interface based on the browser. which the applications company maintains a applications vendor has such a powerful 31. Looking ahead from today, rivalry dominant position as an applications vendor combination of assets—an incentive to between the two companies will be for the various operating system platforms. protect its existing revenue stream, wide particularly important when transforming 24. The ranking of outcomes for the availability on user desktops, and existing new technologies like the browser arise. In applications company is exactly the reverse. middleware functionality—for bringing coming years, portable devices, wireless It understands that the operating system competition to PC software. communications and voice recognition may company has an interest in driving down C. Advantages of a Second Company Even obsolete many deeply embedded prices for Windows applications and trying in the Absence of Operating System assumptions about when, where, and how to capture some of the revenue from the Competition users access digital information. At the same applications business. The applications 28. Even if the inherent rivalry between the time, improvements in the bandwidth of fiber company will therefore recognize that it operating systems company and the optic data communications networks and the would be a risky strategy for it to continue applications company does not lead to actual extension of these networks ever closer to the to write applications only for the Windows competition in the operating system market, desktop may narrow the gap between the operating system. the threat that each company poses to the capacity of the pipe that connects two 25. One of the key advantages protecting other will profoundly change the dynamics different computers and the pipe that the application company’s $10 or $11 billion in the software industry. To illustrate this connects components located inside the case stream of revenue are the switching costs that point, it is useful to consider how events of a single computer. Either one of these users would face if they tried to adopt a might have turned out if the separation into developments, and especially the two of competing set of applications. These users an operating system company and an them together, could lay the foundation for would have to learn the new interfaces applications company had taken place just new software innovations as powerful as the presented by any new applications. They before Netscape commercialized the web browser and the Web. would also have to convert the large amounts browser. Imagine that neither company had 32. Take for example, the Palm operating of data that are stored on desktops and on yet taken any steps to threaten the other. In system, the first operating system that could servers in Microsoft Office file formats. See particular, the applications company had not recognize handwriting and run for an Declaration of E. von Simson, 4a. Right now, yet written versions of its products for other acceptable period of time on a small battery any user who wanted to switch operating operating systems; the applications barrier to powered handheld device that fit systems would have to incur the large costs entry into the operating system market had comfortably in a shirt pocket. This new of switching applications. If, however, the not been reduced; no competition in this product, which was not developed by any of new operating system runs the applications market had materialized. the leading players in the computer industry, that the user currently uses, the costs of 29. Imagine that in this hypothetical has already brought very significant benefits switching to the new operating system will scenario, Netscape is initially able to to consumers. As it evolves wireless links be relatively low compared to the costs of distribute its browser freely and achieves with the Internet and tighter links with switching applications. Hence, the wide market penetration. Then, both the mobile phones, an entirely new window of applications company will have an incentive operating system and the applications opportunity opens up. As voice recognition to write versions of its applications that run company perceive the threat presented by the software becomes more powerful, the on an alternative operating system. It will Internet and the browser. The key difference window opens up into an entirely new world also want the providers of complementary in this scenario is that this new threat is of unexplored possibilities. applications to support the alternative superimposed on top of the underlying 33. As an integrated company that controls operating system. To reduce the porting costs threats and opportunities that the both the Windows operating system and the for ISVs, the applications company will have applications and the operating system Office productivity suite, Microsoft has a an incentive to develop its applications into companies present to each other. powerful set of tools that it is using to
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influence the path of competition in this new applications company, this strategy could 77. Between now and the time when the space. It is developing a substitute operating lead to significantly decreased sales of reorganization is implemented, Microsoft system, Windows CE, that competes with the desktop systems. could use these kinds of tactics to present the Palm operating system. It has further 38. This counterfactual scenario about the court with a fait accompli that makes it indicated a willingness to change the details development of the browser and the forward technically impossible to separate existing of its Office applications to favor devices that looking hypothetical scenarios about applications from the operating system. run Windows operating systems, even if handheld computing and security protocols Thus, Provision 1 d of the proposed remedy doing so disadvantages its customers who between the desktop and the server suggest requires Microsoft to maintain the separation now rely on the Palm Pilot. ‘‘ several general points. First, the separation of between the operating system business and REDACTED the applications and operating systems the applications business that exists on the ‘‘RX1 (Bill Gates to senior Microsoft developers into different organizations could date of entry of the Final Judgment. It further executives, July 11, 1999). increase the rate of innovation that emerges provides that Microsoft should take no action 34. If the companies were separate, the from just these developers alone. The threat that makes the separation more difficult. applications company would try to meet that the incumbents pose to the other could 44. Once the companies exist as legally consumer demand rather than support the induce technological races that spur the rate separate entities, it is important that their strategic goals of the operating system of innovation achieved on both sides, just as managers operate them as economically company. It might form an alliance with the race with Netscape spurred innovation independent entities. Trivially, this requires providers of handheld computing devices within Microsoft. FOF 135. that one company be prohibited from buying rather than aid the operating systems 39. Second, the separation would also the other (Provision 2b). The covered company in its effort to handicap and defeat increase the expected returns to outside shareholder provision has the same intent. It them. For example, it could develop a client innovators. It would create two distinct paths ensures that a dominant shareholder cannot application that runs on the Palm Pilot and or channels that a technologically successful force the managers of one company to that communicates efficiently with Exchange, new entrant could use to reach and maintain support the financial interests of the other the server program that stores email, contact with final users. Competition (Provision 2a). For the two companies to be calendaring, and task scheduling between these two organizations would give economically independent, they must not be information. Because of the popularity of the a new entrant like Netscape or Palm much able to enter into any legal agreement that Palm handheld, these features would further more bargaining power than it has when it would require or facilitate collusion between solidify the position of Office and Exchange. faces a single, monolithic organization. By them. The proposed remedy therefore Doing so would also offer larger potential playing one of the incumbents against the requires that the operating systems company rewards to the developers of the Palm other, the new entrant could therefore expect and the applications company file any platform, and would thereby encourage other to extract a much higher return from its agreements between them with the new entrants to strive to develop equally innovative effort and early market successes. Department of Justice (Provision 2c). It also innovative new products. 40. Finally, even an increased possibility of specifically prohibits the two companies 35. The separation might also change the competition in the market for operating from entering into special agreements dynamics of the competition that is taking systems could deter an existing monopolist concerning distribution, discriminatory place in the server market. Right now, from engaging in some anticompetitive disclosure of technical information, or Microsoft is using security protocols that tactics. This benefit arises from the mere discriminatory terms for one to license the discourage the use of non-Microsoft servers creation of the independent applications other’s products (Provision 2b). The Court in enterprises that install Windows 2000 on company. To the extent that the competition has found that Microsoft has used these the desktop. See Declaration of R. Henderson, becomes real competition instead of potential specific acts to limit competition by other 49, 119–120; Declaration of E. Felten, 78–79. competition, the monopolist will face even firms or to induce other firms to participate If the applications company is successful in stronger incentives not to engage in socially in its schemes to limit competition by other creating a viable alternative on the desktop— harmful anticompetitive practices. firms. FOF 79, 83–89, 95–103. a competing operating system, a version of V. Effects of the Conduct Provisions B. Provisions Designed to Prevent Office that runs on it, and a complementary 41. In addition to the reorganization, the Continued Exploitation of Monopoly Power set of applications—these enterprises will proposed remedy puts in place a number of in the Market for Operating Systems have the choice of switching away from the prohibitions directed at specific types of 45. The reorganization that is proposed Windows desktop operating system instead conduct. These prohibitions can be separated here will create conditions that make it of switching to the Windows server operating into two categories—provisions that support possible for operating system competition to system. the reorganization and provisions that keep emerge, but it does not guarantee that this 36. In fact, the discriminatory security the company that controls the operating will happen. For some period of time that features would increase the chances that the systems monopoly from engaging once again extends beyond the implementation of the competing operating system succeeds. When in the specific types of illegal behavior that reorganization, the operating systems the operating systems company makes Microsoft used before, and that the successor company will continue to be a monopolist in Windows 2000 less attractive to enterprises company might use again, to limit entry, the market for Intel-based desktop operating with non-Microsoft server operating systems, restrict competition, depress the rate of systems. The proposed remedy therefore it increases the demand for an alternative innovation, and distort the operation of the includes specific provisions designed to desktop operating system. The applications market. prevent the operating systems company from company would therefore see a larger payoff A. Provisions Designed to Make the engaging in the same anticompetitive acts from porting its applications to the Separation Effective that it used against Netscape’s browser and alternative. Other applications developers 42. The proposed remedy includes several the Java technology to undermine their might then try to get an early seat on the new specific provisions that are designed either to competitive potential. bandwagon. The resulting increase in maintain the feasibility of a separation or to 1. Provisions relating to OEMs available applications would further ensure that this separation is a true 46. The Court found that Microsoft used its encourage the adoption of the new operating separation into organizations with monopoly control of the operating system system. independent economic interests. market to induce OEMs to participate in its 37. Working back, we see that if a separate 43. Because its most important assets are attempts at limiting competition. Among the applications company existed, the operating software and people, Microsoft could take specific illegal measures taken by Microsoft system company might refrain from steps that would frustrate the ability of the were: introducing these discriminatory security Court to implement a division of these assets. . making access to technical support or features in the first place. In a world where Microsoft has already demonstrated to the information about new programs contingent there is no separate applications company, Court its willingness to impose technical on an OEM’s support in Microsoft’s attempts the discrimination features increase sales of linkages on its software code without at limiting competition (FOF 128- 129); Windows server operating systems without technical justification in order to achieve . offering reductions in the royalty price for decreasing sales of desktop operating certain strategic goals (e.g. binding the Windows 95 in exchange for this kind of systems. In a world with a separate browser to the operating system). FOF 175– support. (FOF 64, 139, 230–241);
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. threatening withdrawal of its Windows 50. Microsoft also used its monopoly 55. Finally, if the operating system license to OEMs if it failed to offer this kind power to interfere with distribution channels company could use these kinds of of support. (FOF 203–208); other than OEMs. Among the actions taken agreements with third parties to discriminate . refusing to allow OEMs to reconfigure the by Microsoft were: against hardware and software vendors who start-up sequence or the PC in ways that give . giving valuable consideration (e.g. support the middleware strategy of the new competitors access to final users. (FOF 209– placement on the Windows desktop, free applications company or any other 227); licenses to software for customizing IE) at no middleware vendor, it could impede the . binding Internet Explorer to the operating charge to Internet Access Providers (IAPs) development of operating system system in order to make it impossible for an who agreed to distribute and promote IE and competition. Provision 3d (Developer OEM that wanted to support a single browser restrict distribution and promotion of Relations) prohibits them from doing so. to select a product other than IE. (FOF 175– competing browsers (FOF 242–310); 4. General comments 77, 191,192). . giving Windows promotion to Internet 56. Under the proposed remedy, all of 47. Because OEMs will be a critical Content Providers (ICPs) such as Intuit who these conduct provisions apply only for a distribution channel for the separate agreed to restrict distribution of Navigator limited period of time. Specifically, they are applications company in the early years of its and payments to Netscape (FOF 311–335); in force until three years after the existence, the operating systems company . threatening to withhold MacOffice from reorganization becomes effective, roughly the will be tempted to use the same kinds of Apple unless Apple distributed IE as the time it would take for one of the successor tactics to limit potential competitors, the default browser on Macintosh PCs (FOF 341– companies to complete one product cycle. most important of which will be the newly 356). This limitation is appropriate because the formed applications company. If the 51. Provision 3e (Ban on Exclusive most reliable and most effective mechanism operating systems company could succeed in Dealing), which applies to any contracts with for preventing anticompetitive acts is market these efforts, it would undermine the third parties, is intended to prohibit these competition that erodes, or at least threatens reorganization that is at the heart of this and similar acts. In particular, it prohibits to erode, the monopoly power that lies at the remedy. any agreement that limits the distribution of heart of the problems identified in this case. 48. For this reason, the remedy prohibits, competing middleware or operating system The conduct provisions support the for a limited period of time, specific types of products. reorganization in its vulnerable early years of conduct by Microsoft and the successor 3. Provisions regarding developers and life. They raise the probability that the operating system company. All of these competitors reorganization will introduce competition provisions are designed to protect the 52. The Court also found that Microsoft into the market for operating systems. This freedom of an OEM to choose the used its monopoly power to undermine means that the conduct provisions will have applications and middleware that it ships competing middleware products such as a social value that is much higher if they are with a Windows operating system in Sun’s Java technology and Intel’s platform used in combination with the reorganization response to consumer demand. The first level NSP software. Actions taken against than if they are used alone. provisions prohibit financial threats and Java include efforts to create incompatibility VI. Costs and Benefits of the Proposed inducements. Provision 3aii (Uniform Terms between its implementation of the Java Remedy for Windows Operating System Products virtual machine and the Sun implementation A. Benefits of the Remedy Licensed to Covered OEMs) keeps the (FOF 387–394), inducements to ISVs to operating systems company from using refrain from using use or distributing non- 1. More innovation changes in the price for an operating system Microsoft Java technologies (FOF 395–402), 57. As the discussion has already license as a means of punishing an OEM that and impeding expansion of Java class suggested, the most important benefit for distributes a product supplied by another libraries (FOF 404–406). Microsoft also society that will be created by this remedy firm or from rewarding the OEM for threatened to withhold support for Intel’s will come from faster innovation. Some of refraining from distributing such a product. next generation of microprocessors unless the benefit will arise because constraints will Provision 3ai (Ban on Adverse Actions for Intel agreed to stop developing platform-level be lifted from the creative developers Supporting Competing Products) keeps the interfaces like NSP that might draw support working in the applications group. They will operating systems company from using away from interfaces exposed by Windows. no longer be under the control of an marketing programs or technical support to FOF 94–103. operating system monopolist whose highest achieve the same end. 53. The Court’s findings demonstrate how priority is to maintain this monopoly. See 49. The next set of provisions frees OEMs varied Microsoft’s anticompetitive behavior above footnote 3. The reorganization will free to configure the PCs that they sell. Provision has been in the past. Since the trial, new and them to respond to consumers and adopt new 3f (Ban on Contractual Tying) prevents the unexpected acts such as the discriminatory technologies even if they encourage operating systems company from writing security protocol built into Windows 2000 competition for the desktop operating licenses for the operating system that require (described earlier in paragraph 35) have system. OEMs to distribute any other software already come to light. This reaffirms how 58. Some of the additional innovation will products. Provision 3aiii (OEM Flexibility in many possible anticompetitive tactics are arise because of the race that threatens to Product Configuration) lets the OEMs undo available and how difficult it will be to breakout between the applications and choices about such things as the boot anticipate the precise form of future tactics. operating systems companies. Much of this sequence, location of icons, and menu Therefore, the proposed remedy includes two innovation may be of an incremental form, choices that the operating system company provisions that prohibit anticompetitive but it can still be very valuable to consumers. might use to force the OEM to feature, and behavior in general terms. Provision 3f (Ban This kind of race will spur the developers in therefore to support, applications or on Contractual Tying) lays down a blanket both the successor companies, just as the middleware supplied by the operating prohibition against contracts that are threat from Netscape spurred innovation at systems company. Provision 3g (Restriction designed to limit competition. Provision 3c Microsoft as a whole. FOF 135. on Binding Middleware Products to (Knowing Interference with Performance) 59. Finally, this remedy will significantly Operating Systems) requires that OEMs and prohibits actions that are designed to degrade increase the returns that outside innovators, end users have the ability to remove end user the performance of competing middleware on the potential new entrants, can hope to earn access to any middleware that the operating the Windows platform. if they develop and commercialize a system company has included with its 54. The remedy also contains a provision powerful new technology like the browser. operating system software. Provision 3i that makes it possible for ISVs, OEMs, and Because outsiders have been a critical source (Continued Licensing of Predecessor Version) independent hardware vendors (IHVs), to of innovative energy for the software gives the OEMs an alternative way to uncover and ameliorate a wide range of industry, this change in expected returns has configure its PCs. It lets them license older illegal acts. Provision 3(b) (Disclosure of the potential to generate large benefits for versions of the Windows operating system APIs, Interfaces and Technical Information) society. One of the key lessons from the and add new features by adopting software requires that Microsoft disclose to these third economics of technological change is the from independent vendors. parties all interfaces they need to make their recognition that even in an undistorted 2. Provision regarding other distribution products interoperate effectively with the market, innovators earn a private return on partners Windows operating system. their efforts that is lower than the social
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return. As a result, too little innovation takes Any reasonable calculation of these one-time 69. A reasonable benchmark for estimating place. This problem becomes much worse costs will show that these are very small the costs of this remedy to Microsoft when a powerful player like Microsoft compared to the value to society of the shareholders is to compare what their wealth further depresses the return to outside increased innovation that can reasonably be will be after the remedy has been imposed to innovators through the tactics that it uses to expected to follow from the reorganization. the wealth that they would have possessed if maintain its monopoly. 65. This reorganization does means that the company had never engaged in any 2. Price changes people who used to work for the same legal illegal acts. By this standard, this remedy 60. If competition emerges in the market entity now work for different legal entities. may not impose any costs at all on the for operating systems, this should have the However, any communication that could take shareholders. In the mid 1990s, the Netscape usual effect of reducing the price for the place between two people when they worked browser and the Java virtual machine posed operating system. Symmetrically, more for the same firm can still take place when a very serious threat that the stream of competition for office productivity they work for different firms. If, for example, monopoly profits that Microsoft collected applications, which could emerge, should close communication between operating from its operating system business would be also lead to reductions in prices for these systems developers and applications lost. Because it did break the law, it was able products. developers is critical to the success of each, to preserve and increase these profits up 61. These price changes will reduce the both the operating systems company and all until the present. If it had obeyed the law, extent to which consumers are exploited by of the applications companies, not just the some of this profit might have been lost to Microsoft. If so, they will lead to a large gain new one created by this reorganization, will operating system competition. The company for consumers and to a corresponding have an incentive to make sure that this could therefore be worth less than the reduction in the profits Microsoft derives communication still takes place. Whether combined companies will be worth after the from its exploitation. One of the purposes of this takes direct phone or email contact, or reorganization. Said another way, even if the the antitrust laws is to prevent sellers from face-to-face meeting in one person’s top executives at Microsoft had known that using monopoly power to achieve this kind workplace, or even in offsite retreats, the the course of action that they were about to of transfer of wealth from producers to companies involved will have a large undertake would lead, with certainty but also consumers. incentive to make sure that these lines of with a delay of between five and eight years, 62. We also know that monopoly pricing communications remain in place. The only to the imposition of the remedy outlined leads to reductions in social welfare to the change, and this presumably is a change that here, they may still have elected to follow extent that it causes some people who might will benefit society as a whole, is that the their anticompetitive course of action. The be willing to pay more for a good than it costs information flows back and forth to gains from defeating the immediate threat to produce it are deterred from making a applications developers will now treat all and from postponing the emergence of purchase. In a market where a monopolist developers symmetrically and will remove operating system competition by five or more any preferential treatment that Microsoft can charge different consumers different years would have exceeded the low costs to applications developers may now receive. prices, few such buyers may be deterred. In shareholders associated with the eventual 2. Conduct provisions practice, we know that Microsoft currently imposition of this remedy. 66. With two major exceptions, the charges different prices for academic 70. Of course, the position of the Microsoft conduct provisions do not force Microsoft to shareholders would be better still if the institutions, small and large businesses, undertake any act. These exceptions aside, company were able to violate the antitrust people who do and do not buy the Access the conduct provisions prohibit Microsoft laws. However this additional gain to database program as part of the Office suite, and the successor companies from breaking shareholders imposes large costs on society who do or do not buy the operating system the law, from taking actions that made it as a whole. It is precisely these social costs as part of a package from an OEM, who do easier for it to break the law in the past, or that antitrust law is intended to prevent. or do not buy the program as an update to from taking actions that could be used to VII. Conclusion a competitive program, who use the Office conceal illegal acts in the future. Assuming 71. In any assessment of the net costs and productivity suite instead of the less that Microsoft and the successor companies benefits associated with this proposed complete Microsoft Works package, and who intend to comply with the law, these remedy, one simple fact stands out. Because do or do not buy a Microsoft provided prohibitions should not impose undue costs it will raise the rate of innovation for the technical support contract, to name just a few on their legitimate business activities. economy as a whole, the remedy creates a examples. As a result, there is reason to 67. The first exception is the mandate that stream of benefits that will persist and grow believe that the reduction in output resulting Microsoft continue to license, on the original far into the future. There is genuine from Microsoft’s monopoly pricing may, on terms, the previous operating system product uncertainty about the exact magnitudes of the net, be relatively small. Moreover, current after the release of a major new operating benefits and any costs. But any reasonable changes in technology mean that in the system product. See Provision 3i. The direct calculation shows that the expected benefits future, software vendors will be better able to cost to society from this provision is virtually overwhelm the costs. use fine-tuned pricing mechanisms such as zero because the code already exists. If there 72. Because it will encourage competition software rental or purchases of specific are additional costs associated with technical and innovation in the vitally important services from an application service provider. support for users of the old operating system, software industry, it is my opinion that this In competitive markets these mechanisms Microsoft is free to charge for any technical remedy will have a profoundly beneficial could bring important benefits to consumers. support that it, rather than the OEM, effect on our economy. In markets that are under monopoly control, provides. I declare under penalty of perjury that the they may further reduce the number of 68. The second exception is the foregoing is true and correct. on April 27, willing buyers who are deterred but increase requirement that Microsoft disclose all the 2000 in Washington, DC the exploitation of consumers. information about APIs and interfaces that Executed B. Costs of the Remedy other developers need to be able to Paul M. Romer 63. There are several potential types of cost interoperate with its operating systems. 33 associated with this remedy. The costs that Microsoft has extensive experience with the concern us most are costs to society. process of designing interfaces to its HTC–00030631 0627 However, to assess whether the remedy is operating system in ways that make them 72. Because it will encourage competition disproportionately punitive, one must also useful and easy to understand for outside and innovation in the vitally important look at the costs from the point of view of developers but that still protect any software industry, it is my opinion that this Microsoft shareholders. intellectual property associated with the remedy will have a profoundly beneficial 1. Corporate reorganization internal workings of the operating system. effect on our economy. I declare under 64. There are real costs such as legal fees, Based on this experience, it should, at penalty of perjury that the foregoing is true moving expenses, marketing and promotional reasonable cost, be able to provide this and correct. Executed on April 27, 2000 in expenses that are associated with a corporate information about all the interfaces that it Washington, DC reorganization that creates independent uses. Paul M. Romer business units. In the ordinary course of 3. Costs imposed on Microsoft TO THE COMMENTS OF RELPROMAX business, firms voluntarily incur such costs. shareholders ANTITRUST INC. UNITED STATES
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DISTRICT COURT FOR THE DISTRICT OF STATE OF NEW YORK, ex rel. Attorney CORPORATION, Defendant and COLUMBIA, UNITED STATES OF General ELIOT SPITZER, et al., Plaintiffs and Counterclaim-Plaintiff. AMERICA, Plaintiff, V. MICROSOFT Counterclaim-Defendants, V. MICROSOFT Declaration of Carl Shapiro CORPORATION, Defendant. April 28, 2000
TABLE OF CONTENTS
Page No.
II...... A...... B...... C...... D...... III...... A...... B...... C...... D...... Qualifications and Scope of Testimony ...... 1 General Approach to Remedy and Ultimate Goals ...... 1 The Court’s Findings and Remedy Objectives ...... 1 Enabling Competition to Windows ...... 3 Lessons about Entry from Other Markets with Network Effects ...... 5 Evaluation of the Economic Effects of Plaintiffs’’ Proposed Remedy ...... 8 Proposed Reorganization—1, 2 ...... 9 Lower Entry Barriers into Operating Systems ...... 9 Lessons from the Relationship Between Intel and Microsoft ...... 11 Added Competition in Browsers ...... 14 Costs of Reorganization ...... 14 IV. Interim Conduct Remedies—3 ...... 16 A. No Exclusionary Contracts—3(a), 3(d), 3(e), 3(h) ...... 17 B. Disclosure of Interface Information—3(b) ...... 21 C. OEM Flexibility in Product Configuration—3(a)(iii) ...... 24 D. No Performance Degradation for Rival Middleware—3(c) ...... 24 E. Contractual Tying and Binding—3(f), 3(g) ...... 25 F. Licensing of Legacy Code—4(i) ...... 26 Conclusions ...... 29
I. Qualifications and Scope of Testimony consulted or served as an expert witness on create inefficiencies that might diminish the I am Carl Shapiro, the Transamerica numerous antitrust matters for private benefits it generates to competition and Professor of Business Strategy at the Haas companies in a range of industries, including innovation. School of Business at the University of several companies in the hardware and Objective (1) is directly driven by the California at Berkeley where I have taught for software business. My curriculum vitae is finding that Microsoft illegally maintained its ten years. I also am Director of the Institute attached to this Declaration. In this monopoly and raised barriers to entry into of Business and Economic Research at U.C. proceeding I have been asked by the the market for operating systems. Objective Berkeley. I have served as the Editor of the Plaintiffs to offer an economic analysis of the (2) flows from the fact that entry into the Journal of Economic Perspectives, a leading likely effects of the Plaintiffs’’ proposed market for operating systems is more difficult economics journal published by the remedy on competition, innovation, and if Microsoft, the monopolist in that market, American Economic Association. I am also a ultimately consumers. also controls products complementary to its Senior Consultant with Charles River II. General Approach to Remedy and Windows monopoly, especially Associates, an economics consulting firm. Ultimate Goals complementary products such as the browser I am an economist who has been studying A. The Court’s Findings and Remedy that it views as strategic threats to its antitrust, innovation, and network industries Objectives Windows monopoly. Objective (2) also for roughly twenty years. My recent book The Court has found that Microsoft follows from the finding that Microsoft used with Hal R. Varian, Information Rules.’’ A engaged in illegal and anti-competitive its operating systems monopoly to distort competition in browsers. Objective (3) Strategic Guide to the Network Economy, conduct to maintain its monopoly in the follows from the finding that Microsoft has discusses competitive strategy in the market for Intel-compatible PC operating attempted to monopolize the browser market information economy, emphasizing the systems (‘‘operating systems’’). and has attained its current position in that pricing of information, the creation of (Conclusions of Law at 9, 21) The Court market using anticompetitive means. 1 multiple versions of information products also has found that Microsoft attempted to Remedy is directed towards future such as software, the switching costs and monopolize the market for browsers. competition and innovation, so all of my lock-in associated with information (Conclusions of Law at 24) Consistent with analysis is done on a forward-looking basis, technology, and network economics. these findings, the three primary measures by even as it is informed by historical I have considerable experience in the which I am evaluating the proposed remedy experience drawn from this and other application of economics for the purposes of are: (1) creating conditions conducive to markets. Microsoft has emphasized enforcing the antitrust laws. I served during entry into the market for operating systems repeatedly that the computer industry is very 1995 and 1996 as the Deputy Assistant (or expansion by small firms already in that fast moving and subject to ongoing Attorney General for Economics in the market); (2) preventing Microsoft from using technological change. I quite agree, and for Antitrust Division of the Department of its monopoly over operating systems to gain Justice. I have served on several occasions as control over adjacent markets, as it has 1 As of April 2000, Microsoft’s Internet Explorer an expert witness or consultant to the attempted to do in browsers; (3) restoring had achieved a browser market share of at least Antitrust Division or the Federal Trade competition in browsers. I also consider 69%. See RX23 and the Declaration of Rebecca Commission. Over the years I have also whether the proposed remedy is likely to Henderson.
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just this reason I urge the Court to embrace which we surely cannot anticipate today. But available on desktop machines running a remedy that puts in place a market we can illustrate the principle of ‘‘enabling Windows. As I discuss below, splitting off structure conducive to competition and entry’’ by looking at two examples of possible Microsoft’s Applications Business from its innovation, so that consumers can rely as challenges that can currently be seen on the Operating Systems Business will create much as possible on market forces rather horizon. 3 One promising entry path into the incentives for the resulting Applications than court orders to serve their interests. market for operating systems is via cross- Company to make important applications Likewise, in this fast-moving industry any platform middleware. If such middleware such as Office available to run on rival conduct provisions imposed by the Court becomes widely used, more and more operating systems, thereby significantly should be broad enough to prevent Microsoft applications may be written to that lowering barriers to entry. from engaging in a number of categories of middleware, making it far easier for new C. Lessons about Entry from Other Markets anticompetitive tactics in the future, operating systems to run many popular with Network Effects precisely because the specific tactics that applications. I do not believe it is possible to We can learn a great deal about entry Microsoft might employ in the future are identify today with any confidence the barriers in network markets, and how they hard to predict today in the face of changing specific middleware that will play this role are overcome, from historical experience in products and technology. So, for example, in the next several years. Therefore, the other markets with network effects in which several of the provisions of the proposed remedy chosen by the Court should broadly dominant firms have been successfully remedy apply to the category of prevent Microsoft from blocking the challenged. Consider the following examples: ‘‘middleware,’’ not just to the specific types emergence or widespread distribution of Nintendo vs. Atari in Video Games: Atari was of middleware that were featured in this case, middleware. Establishing an entity with the dominant firm in video games during the such as the browser or the Java Virtual strong middleware assets and broad early 1980s. Nintendo displaced Atari as the Machine. Finally, I take as a working distribution that is independent of Windows dominant firm by the late 1980s. Nintendo principle that the remedy should operate in will clearly help support this mode of entry. based its challenge on its strengths in two a dual manner: first, to prevent a recurrence Another promising route by which entry complementary products: games designed in the future of conduct by Microsoft akin to could occur into operating systems, originally for arcades (rather than home its past anti-competitive behavior, and especially in the corporate setting (as machines) and the provision of video game second to affirmatively bolster competition, opposed to residential users), is through the systems in Japan. 5 which Microsoft has stifled. increased use of ‘‘thin clients’’ or ‘‘network Microsoft Word vs. WordPerfect in Word B. Enabling Competition to Windows computers’’ working in conjunction with Processing Software: WordPerfect was the Given the goal of enabling, but not servers. Microsoft has pointed to such client/ leading supplier of word processing software compelling, competition to Windows in the server architectures as a potential threat to for personal computers during the provision market for operating systems, it is important of programming tools and leadership in Windows. (Direct Testimony of Richard 9 to identify, as best we can, the likely sources Schmalensee at 151–153.) Under this object-oriented programming. of such competition in the foreseeable future, approach, network computers running non- The common lesson from these and other such episodes is this: While network both to make sure that Microsoft cannot Microsoft operating systems would be linked monopolies can be very strong, they are most blockade operating systems rivals, and to to servers, many of which run versions of the vulnerable to attack by firms with a strong inform any remedial provisions designed UNIX operating system. Although the position in the provision of a widely-used positively to foster operating system network computer has failed to live up to its competition. complementary product. In the current case promise so far, network computers could involving Microsoft, this principle implies Following the traditional steps used by displace at least some PCs if they ran the antitrust economists, I consider first the that the strongest threat to Windows is likely applications desired by businesses. And such to come from a company with a strong current competitors in operating systems, applications could run in whole or in part on position in widely-used applications and then inquire into barriers to entry and servers, placing less burden on the client software for PCs, middleware that runs on the most likely sources of entry into the computer. All of this suggests that entry into Windows, hardware for PCs, and/or operating systems market. As the Court operating systems will be encouraged if operating systems for devices other than PCs. found, current competition in operating applications are made available to run both Indeed, the liability phase of this case systems is virtually non-existent. In addition on servers and on the thin clients focused on the threat posed to the Windows to Apple, the most promising alternative to 4 themselves. Another way in which entry monopoly by one extremely popular Windows today is the Linux operating into the market for operating systems may complementary middleware product running system. Linux, while increasingly popular as occur is that operating systems for handheld on Windows, namely the Netscape browser. a server operating system, has limited devices could be modified to become What distinguishes the Windows story of popularity on the desktop for two primary substitutes for desktop operating systems. ongoing monopoly from the examples above reasons: (1) Linux still is regarded as overly Microsoft also has noted this source of of successful entry is that Microsoft engaged difficult to use for many consumers, and (2) potential competition in the desktop in anti-competitive conduct to fend off the many of the most popular applications on operating systems market. (Direct Testimony threat posed by Netscape, the dominant Windows, including especially Microsoft of Richard Schmalensee at 154–156.) Again, browser company circa 1995–96. Microsoft is Office, are not available on the Linux this type of entry will be promoted if key keenly aware of the principle that companies 2 platform. In other words, Linux suffers from applications are made available to run on providing these complementary products the applications barrier to entry emphasized these ‘‘thin’’ operating systems outside tend to pose the most immediate threat to by the Court in its Findings. And the ability Microsoft’s control. their Windows monopoly. Indeed, Microsoft of Linux to challenge Windows is limited by Consistent with the Court’s findings has long recognized that the best way to the fact that Microsoft controls Office, regarding barriers to entry into the market for avoid or defuse challenges to its desktop making the barrier to entry even higher than operating systems, the key to success for all dominance is by controlling more and more it would be if Office were owned separately of these possible entrants is their ability to functionality surrounding its desktop from Windows. run many popular applications currently operating system and to limit the Moving from actual to potential development and popularity of non- competitors, and looking farther into the 10 3 The fact that we cannot confidently predict Microsoft middleware. future, challenges to the Windows monopoly today the most significant modes of entry in the may come from various directions, some of future supports the structural relief proposed by the 5 Some years ago I studied competition in the plaintiffs, which will serve to create a strong new video game market during the 1980s as part of my 2 Microsoft has stated that ‘‘Linux as a desktop entity (the Applications Company) with the work on behalf of Atari Corporation in its antitrust operating system makes no sense. A user would end economic incentives to promote or support entry case against Nintendo. up with a system that has fewer applications, is into the market for operating systems, from 9 I studied competition in the market for database more complex to use and manage, and is less whatever source such entry arises. software as part of my work in the early 1990s on intuitive.’’ See ‘‘Linux Makes No Sense at the 4 See the Declaration of Rebecca Henderson for a behalf of Borland in connection with its acquisition Desktop,’’ p. 4 of ‘‘Linux Myths,’’ available at further discussion of how the availability of of Ashton-Tate. www.microsoft.com/NTServer/nts/news/msnw/ applications on servers would promote entry in to 10 Findings 68 (‘‘Microsoft was apprehensive that LinuxMyths.asp. the market for operating systems. the APIs exposed by middleware technologies
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It follows that the Court can greatly monopoly power, from a variety of profits from its Windows monopoly when facilitate entry and competition in operating middleware threats, including Netscape’s considering whether its Applications systems by creating an independent company Web browser and Sun’s implementation of Business should cooperate in various ways with a strong set of widely-used Windows Java. Many of these actions have harmed with actual and potential rivals to Windows. applications, middleware, and other consumers in ways that are immediate and After the reorganization, the Applications complements to Windows. The Applications easily discernible. They have also caused less Company will no longer have any incentive Company will be most impressive in these direct, but nevertheless serious and far- to protect the monopoly profits associated respects, with its unmatched complex of reaching, consumer harm by distorting with Windows. Therefore, to the extent that Windows applications. Put differently, the competition.’’) See also Findings 411 (‘‘It is the Applications Business can facilitate or Applications Company will possess assets clear, however, that Microsoft has retarded, frustrate entry into the operating systems sufficient to threaten the Windows and perhaps altogether extinguished, the market, such entry will be easier and more monopoly, the earlier threat from Netscape process by which these two middleware likely as a result of the reorganization, and Sun having been eliminated through technologies [Netscape’s Navigator and Sun’s Indeed, after the reorganization, the anti- competitive means. In addition, the Java] could have facilitated the introduction Applications Company will positively benefit Court can enable entry into operating systems of competition into from the improved quality and lower price of by preventing Microsoft from using its Although the proposed remedy must be operating systems that can be expected to Windows monopoly to gain control of other evaluated as a package, for the purposes of result from lower entry barriers into the complementary products, especially server exposition I first discuss the reorganization market for operating systems. This follows operating systems, ‘‘thin’’ operating systems, and then the conduct provisions. from a well-known economic principle: the and middleware for the Windows operating HI. Proposed Reorganization—1, 2 supplier of one product (here, Office) benefits system. The proposed remedy ( 1, 2) calls for a if a complementary product (here, Windows) D. Evaluation of the Economic Effects of reorganization of Microsoft into two separate is improved or made less expensive as a Plaintiffs’’ Proposed Remedy companies, an Applications Company result of enhanced competition for the With these economic principles in mind, I containing the Applications Business and an complementary product. turn now to an evaluation of the likely Operating Systems Company containing the As a tangible example of the pro- economic effects of the Plaintiffs’’ proposed Operating Systems Business. The key competitive effects of the reorganization, I remedy. I emphasize the role played by the economic features of the proposed expect that an independent Applications various provisions of the proposed remedy in reorganization are that each company be Company today would have an incentive to lowering the barriers to entry into the market operated independently of the other, and that port at least some aspects of Office to Linux. for operating systems. I also consider the two companies continue to develop, Corel has already ported its Perfect Office whether the proposed remedy will inhibit distribute, license and sell their products suite to Linux. There is already a sizeable pro-competitive conduct or integration. independently. installed base of Linux users. The demolish Microsoft’s coveted monopoly My analysis of the proposed reorganization Applications Company could begin by power. Alerted to the threat, Microsoft strove focuses on how the economic incentives of porting over those aspects of Office that are over a period of approximately four years to these two companies will differ from the easiest to port and/or have the greatest prevent middleware technologies from economic incentives facing a combined demand on Linux, e.g., Excel and Word. And fostering the development of enough full- company controlling both applications and the Applications Company could offer Linux featured, cross-platform applications to erode operating systems. Based on these altered users file compatibility between Office on the applications barrier. In pursuit of this Linux and Office for Windows, a very goal, Microsoft sought to convince incentives, and on the limitations under which the two companies will operate (2(b)), valuable feature indeed given the size of the developers to concentrate on Windows- installed base of Office users. 11 specific APIs and ignore interfaces exposed we can use economic principles to make some general predictions about how the Another example of how the Applications by the two incarnations of middleware that Company will have incentives to facilitate posed the greatest threat, namely, Netscape’s proposed reorganization will affect competition and innovation. I also consider entry by rivals to Windows relates to Navigator Web browser and Sun’s Microsoft’s popular Visual Studio suite of implementation of the Java technology. legitimate ways in which the two companies programming tools, which includes Microsofts campaign succeeded in may need to cooperate to offer improved Microsoft’s Java development tools, Visual preventing—for several years, and perhaps products at lower prices, and whether the J++. My understanding is that these tools are permanently—Navigator and Java from limitations imposed upon them in 2(b) of the familiar to, and widely used by, developers fulfilling their potential to open the market proposed remedy will prevent them from writing to the Windows platform. An for Intel-compatible PC operating systems to achieving such pro-competitive ends. independent Applications Company will competition on the merits.’’) Findings 409 A. Lower Entry Barriers into Operating have a greater incentive than does Microsoft (‘‘Microsoft also engaged in a concerted Systems today to make these tools more valuable for series of actions designed to protect the The overarching economic effect of the developers writing to rival platforms or to applications barrier to entry, and hence its reorganization is to create a strong company, the Applications Company, that will have the cross-platform middleware. ability and incentive to make its offerings As a final example of how entry barriers would attract so much developer interest, and will be lowered by the reorganization (and would become so numerous and varied, that there more ‘‘cross- platform.’’ For example, the would arise a substantial and growing number of Applications Company will have a greater one that is especially fitting given Microsoft’s full-featured applications that relied largely, or even incentive to make Microsoft Office available antitrust violations found by the Court), the wholly, on middleware APIs. The applications to run on non-Windows platforms, and to Applications Company will have a greater relying largely on middleware APIs would enhance the value of Microsoft’s Visual incentive than does Microsoft today to make potentially be relatively easy to port from one Studio suite of developer tools for ISVs its browser work well with operating systems operating system to another. The applications seeking to develop programs for non- other than Windows. So, the reorganization relying exclusively on middleware APIs would run, Windows operating systems. The improved will help promote the original promise first as written, on any operating system hosting the offered by Netscape Navigator, namely cross- requisite middleware. So the more popular availability of the Application Company’s middleware became and the more APIs it exposed, products as complements to rival platforms platform browsing functionality offered by a the more the positive feedback loop that sustains will thus help those actual and potential the applications barrier to entry would dissipate. rivals to Windows to overcome the 11 GX 514 gives one example of how Office has Microsoft was concerned with middleware as a applications barrier to entry that currently been used by Microsoft to protect the Windows category of software; each type of middleware protects the Windows monopoly. monopoly by favoring Internet Explorer in contributed to the threat posed by the entire The Applications Company Microsoft’s battle with Netscape. This 1997 e-mail category.’’) Conclusions at 9 (‘‘In this case, unquestionably will have greater incentives by Paul Maritz explains that he told the Office Microsoft early on recognized middleware as the group ‘‘that they will target their XL and Access Trojan horse that, once having, in effect, infiltrated to facilitate entry and expansion by rivals to publishing features only at IE4, this was hard the applications barrier, could enable rival Windows by virtue of its independence from decision for them (based on IE’s current market operating systems to enter the market for Intel- the Operating Systems Company. Currently, share)’’ but was done to promote the major goal of compatible PC operating systems unimpeded. Microsoft considers the loss of revenues and getting browser share up to 50% or more.
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firm that is financially independent of system on IA–64 chips. 16 In other words, and help overcome the chicken and egg Windows. Intel is following its own self interest in problem faced by potential entrants into the B. Lessons from the Relationship Between working with multiple operating systems. In market for operating systems. In fact, Intel Intel and Microsoft similar fashion, the Applications Company and the Applications Company may choose I believe we can learn a great deal from the will have incentives to be ‘‘platform neutral’’ to team up in various ways to help promote relationship between Intel and Microsoft following the reorganization, rather than Linux, or some other partial or complete about how competition is engendered favoring the Windows platform. We see the substitute for Windows. through the healthy tension that exists same tendency on Microsoft’s part to do an C. Added Competition in Browsers between two companies that are dominant in ‘‘end run’’ around Intel, i.e., to cooperate The proposed reorganization also will lead their respective complementary products, 12 with Intel’s rivals and thus encourage to somewhat greater competition in the One can think of the reorganization as competition in microprocessors and reduce browser market, by creating two companies creating a relationship between the Microsoft’s not currently doing any work on immediately capable of offering browsing Applications Company (with Office) and the behalf of Intel, and am not relying in this functionality. The Operating Systems Operating Systems Company (with Windows) Declaration on any confidential Intel Company can continue to offer the browsing comparable to that which has existed for a information reliance on Intel chips. More functionality already included in Windows number of years between Microsoft (with specifically, Microsoft has repeatedly (so long as it does not violate the anti-binding Windows) and Intel (with its microprocessors provided support for technologies provision, 3(g)), and is free to develop its such as the Pentium). Therefore, lessons from competitive to the Intel Architecture. For own browsing software in the future. The the Intel/Microsoft relationship should be example, Windows NT was written to run on Applications Company will own Internet very valuable in understanding how the Digital’s Alpha processor soon after the Explorer itself, and will have incentives to proposed reorganization will affect release of Windows NT Advanced Server improve Internet Explorer and to support 3.1. 17 Microsoft expressed its continued competition. cross-platform capabilities so that Internet support for the Alpha architecture in 1998, The key point is that Intel has repeatedly Explorer will work well on multiple with its Alliance for Enterprise Computing taken actions to strengthen operating systems operating systems. with Digital. This support included that hold out the promise of one day D. Costs of Reorganization concurrent releases of Microsoft server-based The benefits from the reorganization to becoming an alternative to Windows. The products for Alpha and Intel systems, as well competition in operating systems and in most significant example is Intel’s strong as the development of a complete set of browsers can in principle be weighed against support for Linux. More specifically, Intel Microsoft C++, Visual Basic, and Visual the costs of reorganization, which come in Capital, the group within Intel that Studio tools on Alpha-based systems. 18 two general forms: (1) one-time costs I am invests in technology complementary Microsoft also has provided support for AMD associated with implementing the to Intel’s microprocessor products, has made microprocessors. For example, in designing reorganization, and (2) possible ongoing costs significant investments in Red Hat Software, its DirectX 6.0 software development kit, resulting from the separation of Microsoft Inc., TurboLinux, Inc, and VA Linux Microsoft ‘‘optimized implementations of the into two business entities. Systems, Inc. 13 All of these companies geometry and lighting pipeline for Pentium I focus here on any ongoing costs, market versions of the Linux operating II, MMX instructions, and the new AMD especially costs that might cause a reduction system. Following the mission statement for 3Dnow! Instruction set.’’19 In fact, Microsoft in the rate of innovation or an increase in the Intel Capital, these investments were made to recognized that it had an incentive to support 21 14 cost of developing software. In classic ‘‘create and expand new markets for In AMD’s new instruction set even though this economic terms, we can ask whether there addition to investing in Linux companies, would likely be adverse to Intel’s interests. 20 are significant and genuine efficiencies 15 Intel also writes software drivers for Linux. A final key lesson from the Intel/Microsoft associated with the integration of the Beyond Linux, Intel is supporting a broad relationship is that Intel, based on its strong Operating Systems Business and the array of operating systems on its new 64-bit market position and technical skills, can play Applications Business within a single family of microprocessors, known as IA-64 a special leadership role in promoting new company. For the reasons described chips. Intel is working with: HP to enable technologies that can at least potentially immediately below, there are good reasons to HP-UX as an operating system on IA-64 threaten Microsoft. In network markets, believe that the collaboration necessary chips; a number of companies through the where consumer confidence can be self- between those developing operating systems Trillian Project to ensure that Linux is fulfilling and endorsements by industry and those developing applications to achieve available on IA–64 chips; Novell to assist in leaders are so valuable, credible leaders can pro-competitive ends can take place across the writing of a new operating system play a critical role in breaking down entry corporate boundaries, so the reorganization (Modesto) on IA-64 chips; IBM and Santa barriers. I am very hopeful that the will not significantly impede the Cruz Operation to create an enterprise-class Applications Company will, like Intel, be development of either applications or UNIX operating system on IA-64 chips; and strong enough to play such a leadership role operating systems. First, one can ask whether Microsoft for the Windows 2000 operating development of applications at the 16 See ‘‘The Intel IA-64 Processor Family: A Applications Company will be impeded by 12 I consulted and testified for Intel during 1998 Multi-Operating System Architecture’’ for a separating applications development from and 1999 in the antitrust case brought by the description of these projects, available at http:// the development of operating systems. This Federal Trade Commission against Intel regarding developer.intel.com/software/idap/media/pdf/esp/ does not appear to be a major issue, since Intel’s intellectual property practices. IA-64 OSWP Rev2.pdf Microsoft has indicated repeatedly that the 17 13 See Intel Capital Investments as of April 1, See ‘‘A Brief History of the Windows NT Windows platform is ‘‘open’’ and that Operating System’’ available at http:// 2000 as listed on http://www.intel.com/capital/ Microsoft provides the information necessary portfolio/cspt.htm (downloaded 26 April 2000). www.microsoft.com/PressPass/features/1998/ Intel’s investments include owning 5% of Red Hat winntfs.htm for ISVs to develop innovative applications 22 Software at the time Red Hat went public (See Form 18 See Microsoft Press Release ‘‘Digital and on the Windows platform. Conversely, one S- 1 for Red Hat Software filed June 4, 1999), Microsoft Announce Expanded Alliance to owning 10.4% of VA Linux Systems, Inc. at the Accelerate Adoption of Windows NT Across the 21 I would expect the one-time reorganization time VA Linux went public (See Form S–1 for VA Enterprise’’ dated January 28, 1998, available at costs to be modest in comparison with the market Linux Systems filed October 8, 1999), and an http://www.microsoft.com/PressPass/press/1998/ value of Microsoft or the magnitude of commerce undisclosed investment in the private company ian98/digallpr.asp. involved in the operating systems market. TurboLinux. 19 See ‘‘A Look at DirectX 6.0, Fahrenheit, and the 22 Bill Gates has written that ‘‘Windows is a piece 14 See http://wwwintel.com/capital/about/ Future of Microsoft’s Multimedia API’s’’ released of intellectual property whose ‘‘facilities’’ are goals.htm downloaded 26 April 2000. September 4, 1998, available at http:// totally open to partners and competitors alike. 15 For example, see Intel Press release ‘‘Intel msdn.microsoft.com/library/Welcome/dsmsdn/ Windows programming interfaces are published announces new Linux driver for its family of 10/ msdn torborg.htm free of charge, so millions of independent software 100 megabit-per-second network adapters and LAN 20 See GX 290, in which Jim Alchin says he developers can make use of its built-in facilities on motherboard products’’ dated March 15, 2000, would like to support AMD’s new instruction set (e.g., the user interface) in the applications they available at http://wwwintel.com/network/tech for its K6 processor even while noting that Intel will design.’’ See ‘‘Compete, Don’t Delete,’’ The bulletins/lin pro 100.htm be opposed to such support. Economist, June 13, 1998, p. 19.
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can ask whether the development of to set a lower price for Windows and Office significant exclusionary impact. 26 As the operating systems will be impeded by the together than will the Operating Systems trial record shows, exclusivity has taken separation of operating systems and Company and the Applications Company many forms, and Microsoft has applied applications. Again, Microsoft has stated that setting those prices independently pressure to a wide range of companies, its operating systems development teams are immediately following the reorganization. 24 including OEMs, ISVs, IAPs, and ICPs, as fully capable of incorporating suggestions For the reasons articulated above, as a well as Apple and Intel. Examples of the from ISVs into their development process for theoretical matter this concern is very likely behavior that the Court found include: (1) Windows. 23 This gives me some assurance outweighed by the lowering of entry barriers Exclusionary agreements with the most that the most important into operating systems that the reorganization important distribution channels for Microsoft also states: ‘‘Microsoft does not will cause, especially when one considers browsers; 27 (2) Conditioning ISV access to simply disclose Windows APIs to third party non-price as well as price considerations, key software developers. Rather, it actively specifically the innovation that will be 10. (‘‘The core of this strategy was ensuring ‘‘evangelizes’’ the Windows APIs to software stimulated by the reorganization. 25 In any that the firms comprising the most effective developers. In fact, Microsoft devotes about event, companies selling complementary channels for the generation of browser usage $100 million per year and 2,000 employees products commonly find ways to solve the would devote their distributional and (nearly 10% of the Microsoft workforce) to ‘‘complementary monopolies’’ problem when promotional efforts to Internet Explorer developer support. No other computer necessary, and I expect as well the Operating rather than Navigator. Recognizing that pre- company provides anything like this level of Systems Company and the Applications installation by OEMs and technical support to the developer community. As part Company would be able to overcome this information on exclusive use of Microsoft of this developer support, Microsoft offers a problem if it proved to be commercially technology through ‘‘First Wave’’ 28 free, dedicated Web Site where developers significant. agreements; (3) Exclusive agreements with can access information, technical support IV. Interim Conduct Remedies— 3 ICPs in exchange for coveted placement on 29 and Software Development Kits. These tools The proposed conduct remedies will lower the ‘‘Channel Bar;’’ and (4) Conditioning and support all help developers create entry barriers into the market for operating software that can run on the Windows systems until the reorganization of Microsoft 26 Findings 410 (’’...by enticing firms into platform. Microsoft takes the extra step to has been accomplished and the Applications exclusivity arrangements with valuable have dedicated staff designated to help Business has Microsoft provided updates to inducements that only Microsoft could offer and that the firms reasonably believed they could not developers quickly absorb and utilize new the Win32 APIs to more than 300 third party technologies, and other resources such as do without, Microsoft forced those consumers who software developers. By January 1992, the otherwise would have elected Navigator as their seminars, training sessions and speakers to Win32 APIs were posted on CompuServe, browser to either pay a substantial price (in the communicate the information needed to America Online and the Internet, and in forms of downloading, installation, confusion, develop the most innovative software.’’ See March 1992 the Win32 APIs were published degraded system performance, and diminished ‘‘Competition in the Software Industry,’’ by Microsoft Press. By the time Windows NT memory capacity) or content themselves with January 1998, p. 10, available at was commercially released in 1993, the Internet Explorer.’’) See also Findings 296 www.microsoft.com/PressPass/doj/1– Win32 APIs were the most thoroughly (concluding that the ‘‘marked increase’’ in the proportion of AOL subscribers using AOL software 98whitepaper.htm reviewed set of APIs in history, ensuring Microsoft also states that: ‘‘Microsoft runs that included Internet Explorer (from 34% to 92%) quality and increasing the likelihood that the ‘‘resulted in no small part from AOL’s efforts to an elaborate program—far and away the most APIs would be widely used. Updates of the convert its existing subscribers to the newest extensive in the industry—to solicit input APIs continued through the release of version of its client software’’ following agreements from the computer industry about the Windows 95 and to date.’’ See ‘‘Competition entered into between AOL and Microsoft), and development of Windows APIs. in the Software Industry,’’ January 1998, p. Findings 309 (stating that Internet Explorer’s (Traditionally, third party software 9, available at www.microsoft.com/ weighted average share of shipments of browsing developers played little role in the PressPass/doj/1–98whitepaper.htm. had software by ISPs who agreed to make Internet Explorer their default browser was 94% by the end development of operating systems; their some time, namely three years, to help enable contribution essentially being limited to of 1997, compared to 14% share for ISPs who made competitors to Windows. These interim no such agreement). testing for bugs.) Microsoft solicits input and conduct remedies thus serve two related 27 Findings 230–38 and Conclusions at 11 feedback from other software developers purposes: (1) to force Microsoft to halt anti- (‘‘Microsoft used incentives and threats to induce from the earliest stages of the development competitive conduct of the type that the especially important OEMs to design their process. The Win32 APIs, which are the basis Court has already found until the distributional, promotional and technical efforts to for Windows 95 and Windows NT, provide reorganization takes place; and (2) to favor Internet Explorer to the exclusion of a good example. Windows NT, the first expressly prohibit the Operations System Navigator.’’) and Findings 143 and Conclusions at 28 operating system to implement the Win32 Company from resuming such activity during Findings at 401–02 and Conclusions at 19 APIs, was released in 1993. But Microsoft the delicate period following the (’’...Microsoft impelled ISVs, which are dependent upon Microsoft for technical information and had provided initial specifications for the reorganization when it is especially vital that Win32 APIs to 25 third party software certifications relating to Windows, to use and there be no artificial entry barriers into the distribute Microsoft’s version of the Windows JVM developers three years earlier, in November market for operating systems. rather than any Sun-compliant version.’’) and 1990, and obtained valuable feedback from For all of these reasons, I am confident that Findings 339–40 (stating that Microsoft promised them in a series of meetings that followed. any costs to consumers associated with the ‘‘preferential support, in the form of early Windows During 1991 input from applications proposed reorganization plan will easily be 98 and Windows NT betas, other technical developers to those writing new versions of outweighed by its pro-competitive benefits. information, and the right to use certain Microsoft operating systems or fixing bugs in operating A. No Exclusionary Contracts—3(a), 3(d), seals of approval, to important ISVs that agree to certain conditions. One of these conditions is that systems can take place across corporate 3(e), 3(h) boundaries. Moving from product the ISVs use Internet Explorer as the default Microsoft has employed a wide range of browsing software for any software they develop development to pricing, there is a theoretical contracts that to a varying degree are with a hypertext-based user interface. Another concern that Microsoft today has an incentive ‘‘exclusive,’’ in the sense that they prohibit condition is that the ISVs use Microsoft’s ‘‘HTML companies dealing with Microsoft from also Help,’’ which is accessible only with Internet 23 Microsoft’s economics expert, Richard dealing with Microsoft’s rivals, or provide Explorer, to implement their applications’’ help Schmalensee, has testified that Microsoft ‘‘talks to financial disincentives to doing so. As the systems. By exchanging its vital support for the [independent] developers about what features they Court has found, these contracts have had a agreement of leading ISVs to make Internet Explorer would like in view [new] versions.’’ (Trial the default browsing software on which their Testimony of Richard Schmalensee, June 22, 1999, products rely, Microsoft has ensured that many of p.m. Session at 59) Michael Devlin, the President 24 This theoretical possibility is known as the the most popular Web-centric applications will rely of Rational Software Corporation, a Windows ISV, ‘‘complementary monopolies’’ problem, or as the on browsing technologies found only in Windows testified at trial (Direct Testimony of Michael T. problem of ‘‘double marginalization.’’ and has increased the likelihood that the millions Devlin, at 17) that ‘‘Microsoft often seeks input from 25 So, for example, consumers stand to benefit as of consumers using these products will use Internet ISVs and other sectors of the software and computer a cheaper operating system, namely Linux, becomes Explorer rather than Navigator.’’) industry when it develops new APIs.’’ more attractive. 29 Findings 311–36.
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continued development of the Mac Office competes with any Microsoft product or the dominant network to achieve Suite on Apple’s making Internet Explorer service.’’ Clearly, this provision is closely compatibility as a way of overcoming barriers the default browser in Mac OS software linked to the anti-competitive conduct in to entry based on network effects. For releases. 30 Exclusivity in network industries which Microsoft has already engaged. example, interconnection has long been can be especially pernicious, given the Microsoft has proven that it can apply important to the survival of smaller firms in importance of complements and the self- enormous pressure to OEMs, including IBM, transportation and communications fulfilling aspects of expectations: consumers a very large and strong OEM, to prevent networks, from railroads to telephones to the can easily lose confidence in a new product OEMs from supporting rival software. Internet. In the software industry, Borland that is denied access to critical complements, Industries,’’ Antitrust Division, U.S. sought to make its Quattro Pro spreadsheet and this loss of confidence can then become Department of Justice, March 1996, available software compatible with the then-dominant self-fulfilling, creating a vicious cycle of at usdoj.gov/atr/public/speeches/shapir.mar. Lotus 1–2–3 spreadsheet software during the decline or disrupting a virtuous cycle of The requirement of 3(a)(ii) that Microsoft 1980s, and Microsoft made it as easy as increasing adoptions. 31 Netscape’s browser offer uniform terms for Windows to the top possible for WordPerfect users to transfer faced this threat as a consequence bundling 20 OEMs, i.e., the requirement of their WordPerfect files and training to with the proprietary software of IAPs led ‘‘transparent pricing,’’ prevents Microsoft Microsoft Word when Microsoft was more directly and efficiently to browser from punishing a large OEM for supporting attacking WordPerfect’s strong position in the usage than any other practices in the rival software. This provision should market for word processing software. 32 industry, Microsoft devoted major efforts to improve the enforcement of the ‘‘no Interface information about Windows 33 is usurping those two channels.’’) retaliation’’ rule embodied directly in 3(a). extremely valuable to a wide range of ISVs, The specific provisions in the proposed 2. ISVs and IHVs—3(d), 3(h) IHVs, and OEMs. As a result, Microsoft can order relating to exclusive dealing all serve Section 3(d) of the proposed remedy exert a great deal of influence over the to insure that complements are indeed prohibits Microsoft from providing financial success or failure of products that are available to those offering Platform Software incentives that discourage an ISV from complementary to Windows by virtue of its that is competitive with Windows. These developing or supporting software that either control over such interface information. complements include distribution through is competitive to Microsoft software or works Indeed, the Court has found that Microsoft OEMs, preserved by preventing Microsoft with non-Microsoft platform software. This strategically withheld interface information from striking exclusive relationships with provision will prevent Microsoft from to stave off competition from platform OEMs, as well as applications software, making promising software or hardware software that Microsoft regarded as a threat preserved by preventing Microsoft from unavailable to work with rival Platform to Windows. 34 striking exclusive relationships with ISVs. Software, and thus will prevent Microsoft To prevent Microsoft from disadvantaging Nothing in the proposed order prevents from continuing to raise entry barriers into rival platform software, the proposed remedy Microsoft from competing on the merits to the market for operating systems. requires Microsoft to disclose to ISVs, IHVs, make it attractive for OEMs, ISVs, IHVs, Section 3(h) of the proposed remedy and OEMs the information they need to IAPs, or other companies doing business prohibits Microsoft from inducing any actual interoperate effectively with Windows. The with Microsoft to support, use, or promote or potential Platform Software competitor to operative principle is equality of disclosure Microsoft software, or to develop refrain from offering software competitive between Microsoft’s own developers of complements to Microsoft software. Nor is with Microsoft platform software. This middleware and applications, on the one Microsoft enjoined from making investments provision operates together with Section 3(d) hand, and outside companies seeking that in ISVs in order to provide them with the to prevent Microsoft from using its information on the other hand. resources to develop software that works well significant resources to pay a potential This disclosure requirement directly with Microsoft’s software. The purpose of competitor to refrain from challenging addresses the Court’s core concern about these provisions is simply to prevent Microsoft’s Platform Software. barriers to entry by non-Microsoft Platform Microsoft from denying rival Platform The proposed order permits Microsoft to Software in two ways, which I now discuss Software access to complements. offer financial incentives for ISVs or IHVs to in turn. 1. OEMs— 3(a) develop software or hardware that works 1. Enabling Non-Microsoft Software to With respect to OEM relations, 3(a)(i) with Microsoft’s Platform Software, e.g., by Work Efficiently with Windows Mandatory prevents Microsoft from providing financial helping to fund independent development disclosure of interface information will incentives that discourage any OEM’s action efforts or by taking minority ownership prevent Microsoft from disadvantaging rival to ‘‘use, distribute, promote, license, develop, stakes in software or hardware development software by denying it the ability to produce or sell any product or service that houses. Such investments can easily be pro- interoperate as effectively with Windows as competitive, so long as the ISV or IHV retains 30 Findings 351, quoting Apple’s Technology the right to make products that work with 32 For an extended discussion of compatibility, Agreement with Microsoft (‘‘While Apple may non-Microsoft Platform Software. interconnection, and interfaces in network markets, bundle browsers other than Internet Explorer with see Chapters 7, 8, and 9 in Information Rules. 3. General Prohibition on Exclusive 33 such Mac OS system software releases, Apple will Dealing—3(e) See the proposed order for a more precise make Internet Explorer for Macintosh the default definition of‘‘APIs,’’ ‘‘Communications Interfaces,’’ selection in the choice of all included internet Microsoft has employed exclusionary and ‘‘Technical Information.’’ From an economic browsers (i.e., when the user invokes the ‘‘Browse contracts with a range of companies besides (rather than technical) perspective, interface the Internet’’ or equivalent icon, the Mac OS will OEMs and ISVs, including IAPs, ICPs, and information encompasses all information used by launch Internet Explorer for Macintosh).’’) Apple. Section 3(e) of the proposed remedy, Microsoft’s own applications and middleware to 31 For a further discussion of how exclusive which is a general ban on exclusive dealing, interoperate with Windows. The operative agreements can raise entry barriers in network will prevent Microsoft from interfering with economic principle is that ISVs, IHVs, and OEMs industries, see Carl Shapiro, ‘‘Exclusivity in the availability of complements for non- should be placed on equal footing to Microsoft’s Network Industries,’’ 7 George Mason Law Review Microsoft Platform Software. Since Microsoft own developers for the purposes of developing, licensing, and supporting products that interoperate 673; David A. Balto, ‘‘Networks and Exclusivity’’ has dealings with a wide range of companies, Antitrust Analysis to Promote Network with Windows. Competition,’’ 7 George Mason Law Review 523, and since it is difficult to predict precisely 34 Microsoft delayed release of the ‘‘Remote and Carl Shapiro, ‘‘Antitrust in Network of which trading partners Microsoft might Network Access’’ API in Windows 95 to Netscape Microsoft’s strategy to deny Navigator access to otherwise seek to tie up under exclusive for three months while trying to convince Netscape OEMs and IAPs. The economic implication is that arrangemems in the next several years, a to limit the APIs exposed to software developers. an effective remedy should assure new entrants into general ban on exclusionary contracts will Findings 91 (‘‘Despite Netscape’s persistence, the market for operating systems of access to serve to lower entry barriers more effectively Microsoft did not release the API to Netscape until complements (OEMs, ISVs, IAPs, and IHVs) by than would more limited provisions directed late October, i.e., as Allard had warned, more than including a broad ban on exclusive dealing by at specific categories of trading partners. three months later. The delay in turn forced Microsoft. The need for a ban on exclusionary Netscape to postpone the release of its Windows 95 contracts is accentuated because Microsoft has B. Disclosure of Interface Information—3(b) browser until substantially after the release of already established a pattern of employing Interfaces typically play a critical role in Windows 95 (and Internet Explorer) in August exclusionary tactics to blockade rival software that industries subject to network effects. 1995. As a result, Netscape was excluded from most threatens its Windows monopoly. Challengers often seek to interconnect with of the holiday selling season.’’)
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does Microsoft software. As noted above, implement API disclosure, and mandatory attempt to monopolize the market for delay or denial of interface information is disclosure of APIs should not impose any browsers. (Findings of Fact § 158–60) Section one method Microsoft has employed to significant burden on Microsoft. Having said 3(f) of the proposed remedy prohibits such discourage the widespread adoption of non- this, I do not expect a regime of mandatory tying, and thus forces Microsoft’s products to Microsoft middleware, and thus raise entry disclosure of interface information to be free compete directly on the merits with rival barriers into the market for operating of disputes and difficulties, especially since software products. This provision should systems. timeliness and completeness of Microsoft’s enhance OEM and consumer choice of 2. Preventing Microsoft from Anti- disclosures are very important to ISVs. There software, and encourage innovation in Competitively Controlling Complements is a very real and practical danger that software categories complementary to Mandatory disclosure of interface Microsoft will strategically delay disclosure, Windows. information also will prevent Microsoft from or disclose only part of the information 2. Restrictions on Binding Middleware to using its Windows monopoly power to gain needed by ISVs. For just this reason, I regard Operating Systems—3(g) control of complementary applications and the secure facility provided for in 3(b) of the There has been a great deal of talk about middleware. Such anti-competitive conduct proposed remedy as very helpful for the ‘‘technological tying’’ in this case. Microsoft not only raises entry barriers, but denies purposes of insuring the Microsoft meets its has argued strenuously that its right to consumers choice of complementary disclosure obligations. improve its operating system should not be products and stifles innovation surrounding C. OEM Flexibility in Product compromised. Holding aside the specifics of the Windows platform. Two especially Configuration—3(a)(iii) how Microsoft added browser functionality important software products today that are Microsoft has used its monopoly power to to Windows, I accept the proposition that complementary to the Windows operating control the boot sequence and the user innovation often takes place in the computer system on personal computers are operating interface offered by OEMs. These restrictions industry through the integration of various systems on handheld devices and operating have made it more difficult for rival capabilities or functions into a single piece systems on servers. As many observers have middleware to gain presence on the desktop of hardware or software. However, if such noted, and as Microsoft has pointed out, and thus compete more effectively with integrated capabilities are indeed beneficial ongoing hardware improvements, along with Microsoft middleware. The Court has found to consumers, there is no need to force users the increased networking of computers, that these restrictions go beyond the to adopt all of the functions offered in an combined with the increased use of wireless protections afforded to Microsoft as a result bundled product. technologies, are greatly expanding the of its Windows copyright. 36 I believe that 3(g) strikes an excellent possibilities for both handheld devices and By insuring that OEMs have much greater balance between the consumer benefits that client-server architectures. Thus, PCs flexibility to configure their products than can arise when Microsoft adds functionality running Windows are increasingly Microsoft has permitted them in the past, to its operating system and the benefits that communicating with servers and handheld 3(a)(iii) of the proposed remedy will stop consumers enjoy when new and improved devices. Microsoft from blocking or impeding the software is developed independently of As a result of these shifts in the technology OEM distribution channel for non-Microsoft Microsoft, especially if that software may of computing and communications, Microsoft software. The result will surely be greater serve a role in eroding Microsoft’s monopoly can greatly advantage its own operating choice for consumers in terms of the look and position. By allowing OEMs to choose systems for servers (Windows 2000 Server) feel of their computers, and greater whether to make Microsoft’s Middleware and for handheld devices (Windows CE) by opportunity for innovative software to reach Products or rival software directly available introducing proprietary links between consumers and thus face a market test to end users, OEMs will have the incentive Windows on the desktop and Windows for undistorted by the exercise of Microsoft’s to experiment to best serve consumers’’ servers or Windows for handheld devices. 35 monopoly power. interests. If a particular piece of Microsoft In this context, and looking forward to D. No Performance Degradation for Rival software is superior to rival offerings, OEMs competition over the next several years, the Middleware—3(c) will simply load on their machines a version disclosure by Microsoft of interface Microsoft has demonstrated its ability and of Windows that includes End-User Access to information called for specifically in 3(b)(iii) incentive to hinder the adoption of rival that software. If some consumers prefer the of the proposed remedy is vital to prevent middleware through a variety of exclusionary Microsoft software and others do not, OEMs Microsoft from using the power associated tactics such as it employed against can configure their machines to suit the with its Windows monopoly on the PC to Netscape’s browser. Once Microsoft is tastes of their customers, or allow customers gain control over two critical adjacent enjoined from employing the tactics it has to configure their own machines using add- software products: operating systems for already used, Microsoft will have an remove utilities. And if the non-Microsoft servers and/or operating systems for incentive to switch to new, substitute tactics software is clearly superior, OEMs will handheld devices. Indeed, a good case can be having the same effect. One such tactic is to presumably insist that Microsoft provide made that the most significant threat to intentionally degrade the performance of them a version of Windows in which End- Windows in the next several years will come rival middleware interoperating with User Access to the Microsoft software can be from client/server architectures. Making sure Windows)7 Section 3(c) of the proposed removed, and offer End-User Access to the that Microsoft cannot subvert this threat remedy will make it more difficult for superior, non-Microsoft product. This is using undisclosed proprietary interfaces is Microsoft to evade the proposed remedy by competition at work. thus central to an effective remedy in this degrading the performance of rival I understand that requiring Microsoft to case. Provision 3(b)(iii) in particular will middleware. Given the danger that Microsoft offer a version of Windows in which all operate to prevent such anti-competitive might repeat this conduct, but recognizing means of End-User access to middleware can conduct by Microsoft. that some such degradation may be difficult be readily removed by OEMs and by end 3. Feasibility and Enforcement of Professor Henderson, are an excellent users will not impose any significant costs on Mandatory Disclosure example of how Microsoft is able to use Microsoft or prevent Microsoft from adding As I noted above, Microsoft has clearly Windows proprietary interfaces strategically. new capabilities to its Operating System stated that its APIs are ‘‘open,’’ i.e., disclosed E. Contractual Tying and Binding—3(]), Products.38 to ISVs, and Microsoft has well-established 3(g) In my opinion, 3(g) will clearly promote procedures for the release of APIs and the 1. Ban on Contractual Tying—3(f) innovation. It should be evident that this provision of associated technical support to Microsoft has anti-competitively tied provision will increase the incentives of ISVs ISVs. Therefore, Microsoft will not need to middleware to Windows by contract, both to to develop middleware, knowing that OEMs construct a new business regime to defend its Windows monopoly and in an will have an incentive to adopt their middleware if it offers superior performance 35 For more information on Microsoft’s incentives 36 Conclusions at 13 (‘‘Microsoft has presented no to Microsoft’s competitive Middleware to use its Windows monopoly to prevent threats evidence that the contractual (or the technological) Product. At the same time, Microsoft will emerging from software running on servers and restrictions it placed on OEMs’’ ability to alter handheld devices, see the Declaration of Rebecca Windows derive from any of the enumerated rights have an even stronger incentive to innovate Henderson. Microsoft’s recent tactics regarding explicitly granted to a copyright holder under the Kerberos, which are described by Copyright Act.’’) 38 See the Declaration of Edward W. Felten.
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if it is forced to compete to provide new OEMs and consumers to load onto new PCs sector of the economy. In my opinion, the functionality to users. Plus, Microsoft is not for at least three years, and even after primary objective of the remedy should be to prohibited from making improvements by Microsoft introduces a major new operating lower entry barriers into the market for PC integrating more capabilities into the system release that incorporates some of the operating systems and thus start to remedy operating system if that integration serves functionality offered by the software the harm to competition caused by consumer interests. Ultimately, Microsoft developer. As a bonus, these Microsoft’s anti-competitive conduct. As will be pushed to make better software An OEM typically installs a copy of explained above, there are strong reasons to because it will be forced to compete to win Windows onto one of its PCs before selling believe— based on economic principles and consumer adoptions of its Middleware the package to a consumer under a single based on the experience of this and other Products. Provision 3(g) is pro-competition price.’’) See Direct Testimony of Frederick R. industries—that the proposed reorganization and pro-innovation. Warren-Boulton at n. 7, citing Appendix B to of Microsoft into separate applications and F. Licensing of Legacy Code—4(0 Microsoft’s Responses to Interrogatories, operating systems businesses will lower Microsoft has asserted that it must March 23, 1998 (‘‘In 1997, 87.6% of all entry barriers, encourage competition and continue to innovate to compete effectively copies of the Microsoft’s [sic] Windows 95 promote innovation. against its own installed base. (Direct operating system product were installed by I declare under penalty of perjury that the Testimony of Richard Schmalensee, (60) To OEMs, while 7.3% were sold through retail foregoing is true and correct. Executed on date, competition between Microsoft and its channels as upgrades. Windows 95 is April 28, 2000 in Washington, DC own installed base of Windows has been available at retail only as an upgrade from a EXHIBIT 8 modest at best since most Microsoft Microsoft licensed operating system.’’) TO THE COMMENTS OF RELPROMAX Windows sales are for new machines.39 Second, 3(i) also will encourage innovation ANTITRUST INC. Clearly, buyers of a new PC require an by Microsoft, since Microsoft will have to AFFIDAVIT OF JOHN V. TUNNEY operating system for that machine, and add valuable new functionality to support an STATE OF CALIFORNIA ) ) SS: Windows licenses do not permit the user to increase in the price of Windows: unless the COUNTY OF LOS ANGELES ) transfer the O/S from a previous machine.40 new release of Windows offers new functions JOHN V. TUNNEY, being first duly sworn We also observe that Microsoft raises the that consumer truly value, consumers will upon his oath, deposes and says: price and/or reduces the availability of simply pick the predecessor version of 1. The following facts are known to me of previous versions of Windows when a new Windows at the prevailing price. Effectively, my own personal knowledge and, if called as version is released.41Through this pricing Microsoft has enhanced incentives to a witness, I could and would competently and distribution strategy, Microsoft can be improve its Windows product to compete testify thereto. assured that the functions it offers in its latest against its own predecessor version. Finally, 2. From 197I to 1977, I represented the release of Windows are widely used and this legacy code provision should make it State of California as a United States Senator distributed, whether or not consumers prefer more difficult for Microsoft to use its in Congress. the newest version of Windows with those Windows monopoly power to gain control 3. While serving as a member of the features to a prior version of Windows, over adjacent markets: if a new version of 3udiciary Committee of the United States perhaps used in conjunction with rival Windows favors Microsoft’s complementary Senate during the 93rd Congress, I authored middleware that Microsoft is attempting to products, OEMs and consumers will at least that certain bill described below, and acted displace. Section 3(i) of the proposed remedy have the choice to use the predecessor as the Floor Manager of the legislation during version, perhaps in conjunction with non- its consideration by the full Senate. That requires Microsoft to continue licensing the 42 predecessor version of Windows (without Microsoft complementary products. part, by legislation was passed by Congress and raising the royalty rate) when a major new increasing the price to OEMs of older signed into law by the President of the versions of Windows when the newer version is released. This provision will give United States. That portion of the law to versions are released.’’) OEMs, and thus consumers, the choice of which I refer below is codified as Section 2(g) V. Conclusions using the predecessor version, perhaps in of the Antitrust Procedures and Penalty Act, The remedy entered by the Court in this conjunction with rival middleware, or the 15 U.S.C. 16(g), arid is a subsection of the matter will have a major influence on the newest Microsoft operating system. This law now commonly referred to as the nature of competition and the path of provision will encourage innovation in two ‘‘Tunney Act.’’ This legislation was signed innovation in the information technology ways. into law December 21, 1974. sector of the economy. In my opinion, the First, 3(i) will encourage software 4. I authored the following language, which primary objective of the remedy should be to developers to create middleware that is was included in the final version of the lower entry barriers into the market for PC legislation: complementary to Windows: the return to operating systems and thus start to remedy such development activities is increased by Not later than 10 days following the date the harm to competition caused by of the filing of any proposal for a consent the assurance that the current version of Microsofl’s anti-competitive conduct. As Windows will continue to be available for judgment under subsection (b), each explained above, there are strong reasons to defendant shall file with the district court a believe— based on economic principles and 39 Findings 10 (‘‘The largest part of its MS–DOS description of any and all written or oral based on the experience of this and other communications by or on behalf of such and Windows sales, however, consists of licensing industries—that the proposed reorganization the products to manufacturers of PCs (known as defendant, including any and all written or of Microsoft into separate applications and ‘‘original equipment manufacturers’’ or ‘‘OEMs’), oral communications on behalf of such such as the IBM PC Company and the Compaq operating systems businesses will lower defendant, or other person, with any officer Computer Corporation (’Compaq’). entry barriers, encourage competition and or employee of the United States concerning 40 promote innovation. Findings at 57 (‘‘The license for one of or relevant to such proposal, except that any I declare under penalty of perjury that the Microsoft’s operating system products prohibits the such communications made by counsel of user from transferring the operating system to foregoing is true and correct. Executed on record alone with the Attorney General or the another machine, so there is no legal secondary April 28, 2000 in Washington, DC employees of the Department of Justice alone market in Microsoft operating systems.’’) V. Conclusions shall be excluded from the requirements of 41 Findings at 62 (’’...Microsoft raised the price The remedy entered by the Court in this this subsection. Prior to the entry of any that it charged OEMs for Windows 95, with trivial matter will have a major influence on the consent judgment pursuant to the antitrust exceptions, to the same level as the price it charged nature of competition and the path of for Windows 98 just prior to releasing the newer laws, each defendant shall certify to the innovation in the information technology product.’’) and Findings at 57 (‘‘Microsoft takes district court that the requirements of this pains to ensure that the versions of its operating subsection have been complied with and that 42 system that OEMs pre-install on new PC systems For example, consumer choice would be such filing is a true and complete description are the most current. It does this, in enhanced enhanced, and Microsoft’s opportunities for using of such communications known to the incentives to develop middleware will tend to its desktop monopoly power to gain control over lower the entry barriers into the market for server operating systems using Windows 2000. defendant or which the defendant reasonably operating systems and make it more likely that would be diminished, if Microsoft were required to should have known. successful cross-platform middleware will emerge continue to license Windows NT 4.0 for three years 5. Recently, I was asked to review the in the years ahead. after the release of Windows 2000. Tunney Act and certain public documents on
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file in the ease of the United States vs. 9. The legislative history and plain Jennifer Dunn -R Microsoft Corporation, Civil Action No. 98– language make clear that Congress intended Jay Inslee -D 1232 (CKK), in the United States District that a judge make an independent assessment Dick Armey—R Court for the District of Columbia. Among the of whether any such settlements are in the Henery Hyde -R documents I reviewed was one filed by public interest, precisely because the policy Anna Eshoo -D Microsoft Corporation entitled, ‘‘Defendant objective was to ensure that lobbying Stophen Horn—R Microsoft Corporation’s Description of contacts did not influence the law Charles Taylor—R Written or Oral Communications Concerning enforcement function of the Antitrust Charles Norwood—R The Revised Proposed Final Judgment and Division of the Department of Justice. I Thomas Petri—R Certification of Compliance Under 15 U.S.C. remain convinced that the policy objective Sonny Callahan—R See. 16(g),’’ purportedly to comply with the was correct. Timothy Johnson—R provision set forth in paragraph 4, above. 10. The language of the Act was clearly Deborah Pryce—R 6. With respect to this provision of the drawn and was intended to be inclusive and Mark Green- R Antitrust Procedures and Penalties Act, it is not exclusive. In my opinion, the filing of Ernle Fletcher—R clear that Congress intended that there ‘‘Written or Oral Communications’’ by Pat Toomey—R should be full disclosure of all Microsoft Corporation, referred to in Anne Northup—R communications by a defendant or on behalf paragraph, 5, above, is inadequate to satisfy Phil English—R of a defendant with any officer or employee the clear language and intent of the Tunney George Nethercult Jr.-R of the United States, except for Act. Greg Walden- R communications made by counsel of record FURTHER, AFFLANT SAYETH NAUGHT. Eric Cantor -R alone with the Attorney General or the SUBSCRIBED AND SWORN to before this J.C. Watts-R employees of the Department of Justice. It is day of .2002. Rick Keller-R equally clear that by ‘‘government official,’’ NOTARY PUBLIC in and for said County Ron Kind -R Congress meant ‘‘members of the Executive, and State ELEANOR McKENNA Natary Tim Holden- D Legislative, and Judicial branches of Public, State of New York; No. 31–4973011 Maurice Hichey-D government’’. Congress specifically intended Qualified in New York County. Commission Barney Frank—D to cover communications by officers of a Expires October 40459139.1 Louis Gtierrez-D defendant corporation, lawyers of such EXHIBIT 9 Cal Dooly—D corporation, lobbyists of such corporation, or TO THE COMMENTS OF RELPROMAX Mike Ross-D anyone else acting on behalf of such ANTITRUST INC. Lane Evans—D corporate defendant. If I had not been Congress of the United States Henry Waxman—D satisfied this was the plain meaning of the Washington, DC 20515 Robert Matsui—D statute, I, as the principal author of the August 9, 2001 Michael McNulty- D legislation, would not have pressed the The Honorable John Ashcroft Gene Green—D legislation through to final passage. I am U.S. Attorney General Bud Kramer—D satisfied that the clear language of the statute Department of Justice Norman Dicks—D ensures disclosures of the type described in this paragraph. The legislative history and Tenth Street and Constitution Avenue, NW Baron Hill—D intent of its author buttress these Washington, DC 20530 Wm Lacy Clay- D conclusions. Mr. Steve Hallmer Virgil Goods- I 7. In my opinion, it is essential that all Chief Executive Officer Joel Hefley—R discussions between the defendant Microsoft Corporation Richard Porabo—R corporation and the government (with the ONe Microsoft Way Mark Foley—R specific exception noted in paragraph 6, Redmond, WA 98052 Melissa Hart—R above) in an antitrust case that might have The Honorable Tom Miller Kay Granger- R led to a proposed settlement decree be Iowa Attorney General Jim Gibbons—R disclosed. If a defendant corporation did not Department of Justice Dave Hobson—R have to disclose any contacts or 1305 E. Walnut Street Jim Greenwood—R communications with the government until Des Mones, IA 50319 John Shadegg—R such-time as there is an actual decree, the Dear Sirs: Henry Bonilla—R very purpose of the disclosure would be Following the recent Court of Appeals Alicee Hastings—D defeated. The Tunney Act was never decision, we are pleased that all sides in the John Doolittle—R intended to allow for a situation where, in Microsoft antitrust litigation have begun Bob Goodlatte- R theory, prolific lobbying could be conducted settlement discussions. Today we write to Steve Buyer—R by the defendant prior to the time the encourage these discussions with the hope Charlie Bass—R presiding judge has ordered settlement that a settlement can be reached at the Sam Farr—D negotiations, without public disclosure. If earliest possible date and on reasonable J. Randy Forbes—R allowed, the Tunney Act would not have terms that support competition and Shelley Moore Capito -R reformed the practices utilized in settlement innovation. Antitrust enforcement should be Roy Blunt—R of the ITT case, which in significant fashion about protecting the American consumers, Steve Chabot—R demonstrated the need for the legislation in not deciding ?? and loacers among wealthy Chip Pickering -R the first instance. The disclosure provisions competitors. Now is the time for all parties C.L. Otter—R were designed to help ensure that no to the litigation to address the remaining Earl Blumenauer-D defendant can ever achieve through political issues and provide some finality that protects Ted Strickland-D activities what it cannot obtain through the consumers and allows the American high- Eddie Bernice Johnson- D legal process. Failure to comply with these tech industry to innovate an prospect. This Gary Ackerman- D provisions raises an inference or, at a industry offers extraordinary promise to ?? David Phelps-D minimum, an appearance of impropriety. exciting new technologies to the American John Sprati- D 8. Contrary to some press reports, the consumer and the global marketplace, and Mike Mclntyre -D Tunney Act was not intended in any way to the resolution of this protracted litigation Jim Moran—D prevent the Department of Justice from will greatly serve to further that goal. Tammy Baldwin-D entering into settlements in antitrust suits, While not expressing a view on the merits, Allen Boyd-D especially before trial where litigation risk is we respectfully urge all parties to reach a just Steny Hoyer- D generally present. The Act in fact recognized and speedy conclusions to this case. John Lewis -D the propriety of such settlements, and merely Best Regards, Jim Matheson-D proscribed procedures to ensure that such Signatories Of Letter In Favor Of Jim McDermott-D settlements were reached on the merits. Settlement Rick Larsen-D
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Gregory Mecks-D TO THE COMMENTS OF RELPROMAX CIVIL ACTION NO. 98–1233 (CKK) Elijah Cummings-D ANTITRUST INC., IN THE UNITED STATES Next Court Deadline: March 4, 2002 ) Pre- James Harcia-D DISTRICT COURT FOR THE DISTRICT OF hearing Conference John Oliver-D COLUMBIA UNITED STATES OF AMERICA MEMORANDUM OF POINTS AND Nancy Pelosi-D ) Plaintiff, ) v. ) MICROSOFT AUTHORITIES IN SUPPORT OF THE CORPORATION, ) Defendant. ) Filed: January Bill Detahunt -D 24, 2002 MOTION OF RELPROMAX ANTITRUST Patrick Kennedy-D CIVIL ACTION NO. 98–1232 (CKK) INC. FOR LIMITED PARTICIPATION AS AN Martin Frost-D STATE OF NEW YORK ex rel. Attorney AMICUS CURIAE AND FOR AN Tom Sawyer-D General ELIOT SPITZER, et al., Plaintiffs, V. EXTENSION OF TIME EXHIBIT 10 MICROSOFT CORPORATION, Defendant. TABLE OF CONTENTS
TABLE OF CONTENTS ...... ii TABLE OF CASES AND AUTHORITIES ...... iv I. INTRODUCTION ...... 1 II. FACTUAL AND PROCEDURAL BACKGROUND ...... 2 III. ARGUMENT ...... 7 A. THE TUNNEY ACT REQUIRES FULL DISCLOSURE BY MICROSOFT 7. 1. Mr. Rule’s Undisclosed Conversations Prior To November 15, 2001 Are Not Ex- empted From Disclosure ...... 9 a. Mr. Rule Was Not Counsel Of Record For Microsoft Prior To November 15, 2001 9 b. Mr. Rule Was Not Counsel Of Record For Microsoft Even After November 15, 2001 ...... 11 2. The Undisclosed Conversations Of Microsoft’s Other Lobbyists With Executive Or Legislative Branch Officials Are Not Exempted From Disclosure ...... 13 3. Additional Undisclosed Conversations May Have Caused A Predawn Telephone Call From A Senior Aide To The Attorney General To A Lobbyist ...... 16 B. THE TUNNEY ACT WAS INTENDED TO PREVENT AN ABUSE OF POWER IN THE CURRENT SITUATION ...... 18 1. The Lawful $200,000 ITT Pledge Related To One Of The Impeachable Abuses Of Power In The Early 1970’s Was Equivalent To About $650,000 In 2001 Dollars Which Amount Is Vastly Exceeded By Over $23 Million Microsoft Has Lawfully Spent On Federal Campaign Contributions And Lobbying Since 1997 ...... 18 a. The ITT Litigation and the Kleindienst Nomination ...... 18 b. The Impeachment Resolution ...... 20 c. Since 1997 Microsoft Has Spent Over $23 Million On Federal Lobbying And Campaign Contributions ...... 21 2. The Tunney Act Was Intended To Protect The Consuming Public From The Type Of Forces At Work Today In Connection With The RPFJ ...... 21 C. ON THE PRESENT RECORD THE UNITED STATES WILL NOT BE ABLE TO COM- PLY WITH THE COURT ORDER OF NOVEMBER 8, 2001, REQUIRING CERTIFI- CATION BY THE UNITED STATES OF COMPLIANCE WITH TUNNEY ACT PROCE- DURES ...... 23 D. THE COURT SHOULD AGAIN ODER FULL DISCLOSURE, ALLOW FULL DIS- COVERY OF HE NECESSARY FACTS, AND EXTEND THE TIME FOR COMMENTS OR TERMINATE CONSIDERATION OF THE RPFJ ...... 23 E. IF THE COURT DOES NOT ORDER FULL DISCLOSURE NOW, ENTRY OF THE RPFJ COULD BE REVERSED ON APPEAL FOR THAT REASON ALONE; HOWEVER, IF THE COURT ORDERS ADDITIONAL DISCLOSURE AND THEN ENTERS THE RPFJ, THERE WOULD BE A LOWER POSSIBILITY OF REVERSAL DUE TO DE- FENDANT’S FAILURE TO COMPLY WITH THE DISCLOSURE PROVISIONS OF THE TUNNEY ACT ...... 24 F. RELPROMAX AS THE ONLY PARTY OR PROPOSED AMICUS CURIAE WITH AN EXPRESSED INTEREST IN OBTAINING FULL DISCLOSURE FROM MICROSOFT SHOULD BE GRANTED THE RIGHT TO LIMITED PARTICIPATION AS AN AMICUS CURIAE IN THE TUNNEY ACT PROCEEDINGS ...... 24 REQUEST FOR ORAL HEARING ...... 27 EXHIBIT LIST ...... 28 TABLE OF CASES AND AUTHORITIES. CASES. U.S. v. Microsoft, 84 F.Supp.2d 9 (D.DC 1999) ...... 14 U.S. v. Microsoft, 87 F.Supp.2d 30 (D.DC 2000) ...... 14 U.S. v. Microsoft, 97 F.Supp.2d 59 (D.DC 2000) ...... 14 STATUTES. 2 U.S.C. § 1602(9) ...... 3 2 U.S.C. § 1603 (Section 4 of the Lobbying Disclosure Act of 1995) ...... 3 2 U.S.C. § 1603(a)(2) ...... 3 2 U.S.C. § 1604 (Section 5 of the Lobbying Disclosure Act of 1995) ...... 4, 13 15 U.S.C. § 16(b)-(h) (Antitrust Procedures and Penalties Act (Tunney Act)) ...... 1, 7, 8, 15, 18, 20,21, 23–26 15 U.S.C. § 16(b) ...... 2, 8 15 U.S.C. § 16(d) ...... 8 15 U.S.C. § 16(e) ...... 8
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TABLE OF CONTENTS—Continued
* 15 U.S.C. § 16(f)(3) ...... 26 15 U.S.C. § 16(f)(5) ...... 27 * 15 U.S.C. § 16(g) ...... 2, 4–6, 8–10, 23–24 RULES. Federal Rule of Civil Procedure 5 ...... 15 Federal Rule of Civil Procedure 7(a) ...... 5, 12 * Local Civil Rule 83.6(a) ...... 12 OTHER AUTHORITIES. Cong. Rec., Senate, July 18, 1973, pp. 24597–8 ...... 22 Cong. Rec., Senate, July 18, 1973, p. 24599 ...... 27 Cong. Rec., Senate, December 9, 1974, p. 38585 ...... 21 Statement Of Information, Hearings Before The Committee On The Judiciary House Of Representatives, Ninety-Third Congress, Second Session, Pursuant To H.Res. 803, Book V, Part I, Department Of Justice ITT Litigation—Richard Kleindienst Nomina- tion Hearings ...... 18 House Report 93–1305, August 20, 1974, pp. 139–183 ...... 20
IN THE UNITED STATES DISTRICT comments as it deems appropriate with of the Antitrust Division of the United States COURT FOR THE DISTRICT OF COLUMBIA respect to the RPFJ in light of the information Department of Justice. Dautch Dec., 4, and UNITED STATES OF AMERICA ) Plaintiff, v. disclosed pursuant to 15 U.S.C. § 16(g). Attachment 7. In 1998, Mr. Rule was a MICROSOFT CORPORATION,) Defendant. Accordingly, Relpromax seeks an order: partner with the lobbying firm 2 of Covington CIVIL ACTION NO. 98–1232 (CKK) Filed: 1) granting Relpromax status as an amicus & Burling of Washington, DC On July 6, 1998, January 24, 2002 curiae with the right of limited participation Covington &Burling filed a Lobbying STATE OF NEW YORK ex rel. Attorney in proceedings so it can assist, if necessary, Registration, pursuant to 2 U.S.C. General ELIOT SPITZER, et al., ) Plaintiffs, in obtaining, inter alia, the statutorily § 1603(a)(2), indicating that Mr. Rule was MICROSOFT CORPORATION,) Defendant. required (and Court ordered) disclosure; among the firm’s ‘‘employees’’ who had acted CIVIL ACTION NO. 98–1233 (CKK) 2) compelling Microsoft to comply with the or expected to act as lobbyists for Microsoft Next Court Deadline: statute and the November 8, 2001, order; and, Corporation.3 On page 2 of the Lobbying March 4, 2002 3) extending the time for comments to Registration, Covington & Burling reported Pre-hearing Conference provide Relpromax and all interested parties that the lobbyists expected to lobby on issues MEMORANDUM OF POINTS AND with their statutory rights. including [c]ompetition matters affecting See 2 U.S.C. § 1602(9). AUTHORITIES IN SUPPORT OF THE II. FACTUAL AND PROCEDURAL MOTION OF RELPROMAX ANTITRUST 3. The Lobbying Registration (dated June BACKGROUND 29, 1998) is known as Form LD-1 which is INC. FOR LIMITED PARTICIPATION AS From 1993 through 1996, Microsoft required to be filed by 2 U.S.C. § 1603 AN AMICUS CURIAE AND FOR AN contributed a total of about $366,000 to (Section 4 of the Lobbying Disclosure Act of EXTENSION OF TIME federal parties and candidates) Declaration of 1995). The Lobbying Registration was filed I. INTRODUCTION Brian Dautch (‘‘Dautch Dec.’’), 2- 3 and with the Office of the Clerk of the U.S. House The Antitrust Procedures and Penalties Act Attachments 1 and 2. (A copy of the Dautch of Representatives. A copy of this Lobbying (Tunney Act) was signed on December 21, Declaration is attached hereto as Exhibit A.) Registration is Attachment 4 to the Dautch 1974, to remedy one of the many abuses of The total includes contributions directly to Dec. power which led to the adoption of the candidates or political action committees computer industry software.’’ second of three Articles of Impeachment of reported as made by individuals who listed On August 12, 1999, Covington & Burling the President by the Committee on the Microsoft as an employer. filed a mid-year 1999 Lobbying Report (Form Judiciary of the United States House of On May 18, 1998, these civil actions were LD-2) indicating that for the period from Representatives on July 27, 1974, and to the filed. January 1, 1999, through June 30, 1999, the only Presidential resignation in the history of From 1997 through July 31, 2001, firm received $40,000 from Microsoft for our nation on August 9, 1974. The Tunney Microsoft contributed a total of over $6.8 lobbying. On page 6 of the form, Covington Act is not merely some procedural nicety. million to federal parties and candidates. & Burling reported that Charles F. Rule The Tunney Act is discussed in greater detail Dautch Dec., 2, and Attachment 1. lobbied the U.S. House of Representatives below (see section III.B., pp. 18–22, The From 1997 through June 30, 2001, in and the U.S. Senate for Microsoft on Tunney Act Was addition to about $6.8 million in ‘‘[c]ompetition issues affecting computer Intended To Prevent An Abuse Of Power In contributions Microsoft spent an additional software industry.’’ The Current Situation’’). $17.6 million on lobbyists who contacted On September 28, 2001, this Court Defendant Microsoft Corporation many federal agencies and Members of the docketed an order requiring the parties to (‘‘Microsoft’’) has not complied with the House and Senate seeking support for engage in intensive settlement negotiations disclosure requirements of the Tunney Act, Microsoft’s antitrust policies. Dautch Dec., 2, until November 2, 2001. A copy of the order specifically 15 U.S.C. § 16(g), or this Court’s and 8–42 and Attachments 1, and 9–43. is attached hereto as Exhibit B. Order dated November 8,2001. Pursuant to Given that Microsoft contributed to the From on or about October 1, 2001, to 15 U.S.C. § 16(b) and (g), anyone has the campaigns of 38 U.S. Senators and 124 U.S. November 6, 2001, according to written statutory right to comment on the Revised Representatives in 2001 alone (a non-election unsworn testimony by lobbyist Rule, he was Proposed Final Judgment (‘‘RPFJ’’) in year), it is even possible that some of the one of the principal representatives for captioned Civil Action 98–1232 for fifty (50) federal legislators contacted by Microsoft Microsoft in the negotiations with respect to days after Microsoft complies with 15 U.S.C. about its antitrust problems had received, the RPFJ. Dautch Dec., 4 and Attachment 3. § 16(g). Relpromax Antitrust Inc. and/or may have been seeking, Microsoft On November 6, 2001, the United States (‘‘Relpromax’’) hereby asserts its statutory campaign contributions. Dautch Dec., 2 and and Microsoft filed a Stipulation and right, which is also the statutory right of all Attachment 1. attached form of Revised Proposed Final Americans, to consider for fifty (50) days a On July 6, 1998, Charles F. Rule, Esq., Judgment. The Stipulation was signed on true and complete disclosure by Microsoft became a registered lobbyist for Microsoft. behalf of the United States by Charles A. pursuant to 15 U.S.C. § 16(g) and then to file From approximately 1986 to 1989, Mr. Rule James, Assistant Attorney General in charge with the United States such written was the Assistant Attorney General in charge of the Antitrust Division of the United States
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Department of Justice. (A copy of the On December 10, 2001, Microsoft filed intense, around-the-clock negotiations with Stipulation is attached hereto as Exhibit C.) Defendant Microsoft Corporation’s the Department and representatives of all the In the Stipulation, Microsoft agreed to make Description Of Written Or Oral plaintiff states.’’ the disclosure required by 15 U.S.C. § 16(g). Communications Concerning The Revised Stipulation, 3. Proposed Final Judgment And Certification III. ARGUMENT The Lobbying Report (dated August 10, Of Compliance Under 15 U.S.C. § 16(g) A. THE TUNNEY ACT REQUIRES FULL 1999) is on a form known as Form LD-2 (‘‘Microsoft’s Description’’). (A copy of DISCLOSURE BY MICROSOFT which form is required to be filed by 2 U.S.C. Microsoft’s Description is attached hereto as The relevant portions of the Tunney Act § 1604 (Section 5 of the Lobbying Disclosure Exhibit F.) The Description purported to are now codified as Title 15 U.S.C. § 16(b)- Act of 1995). The Lobbying Report was filed reveal ‘‘any and all written or oral (h). with the Secretary of the United States communications by or on behalf of’’ The Tunney Act applies to the current Senate. The Lobbying Report is Attachment Microsoft ‘‘with any officer or employee of proposal for a consent judgment (RPFJ) by 23 to the Dautch Dec. the United States concerning or relevant to’’ the United States in captioned Civil Action The Stipulation was also signed on behalf the RPFJ with the exception only of No. 98–1232 which was brought by the of certain plaintiffs in the companion Civil ‘‘communications made by counsel of record United States under the antitrust laws. 15 Action No. 98–1233 (i.e., the States of alone with the Attorney General or the U.S.C. § 16(b). To cast sunlight on any Illinois, Kentucky, Louisiana, Maryland, employees of the Department of Justice alone potential abuse of power, to provide the Michigan, New York, ,North Carolina, Ohio, [emphasis added].’’ Microsoft Description, public with information necessary both to and Wisconsin) (hereinafter referred to as pp. 1–2. Microsoft’s Description reveals only: understanding the full context of the RPFJ ‘‘Settling States’’). 1) that unnamed ‘‘counsel for Microsoft’’ and to providing as insightful comments as On November 8, 2001, this Court ordered (n.b. as opposed to ‘‘counsel of record for possible (as allowed by 15 U.S.C. § 16(d)), Microsoft to make the disclosure required by Microsoft’’) met with plaintiffs’’ and to provide the Court with information 15 U.S.C. § 16(g) ‘‘within ten days of the representatives and mediators from the Court must have prior to determining publication of the proposed Final Judgment September 27, 2001, through November 6, whether entry of the RPFJ is in the public in the Federal Register.’’ (A copy of the 2001, and that a Mr. William Poole of interest (as required by 15 U.S.C. § 16(e)), Court’s Order dated November 8, 2001, is Microsoft participated in some of the Microsoft must make the disclosures required attached hereto as Exhibit D.) meetings from October 29, 2001, through by 15 U.S.C. § 16(g) which provides in full On November 15,2001, lobbyist Charles F. November 2, 2001; and, 2) that at an October that [emphasis added below]: Rule, Esq., apparently attempted to become a 5,2001, meeting, technical questions were ‘‘Not later than 10 days following the date counsel of record for Microsoft in Civil discussed by Ms. Linda Averett, and Messrs. of any proposal for a consent judgment under Action No. 98–1232 pending before this Michael Wallent, Robert Short, and Chad subsection (b) of this section, each defendant Court. On November 15,2001, a document Knowlton (all of Microsoft) with plaintiffs’’ shall file with the district court a description titled ‘‘Notice Of Entry Of Appearance’’ for representatives and plaintiffs’’ technical of any and all written or oral Charles F. Rule was filed with this Court and expert Professor Edward Felten. Microsoft communications by or on behalf of such is recorded as electronic docket entry number certified that with the submission of the defendant, including any and all written or 29 in Civil Action No. 98–1232. (A copy of Microsoft Description, Microsoft ‘‘has oral communications on behalf of such the Notice Of Entry Of Appearance is complied with the requirements of 15 U.S.C. defendant, or other person, with any officer attached hereto as Exhibit E.) According to § 16(g) and that this submission is a true and or employee of the United States concerning the court docket for Civil Action No. 98– complete description of such or relevant to such proposal, except that any 1232, the Notice Of Entry Of Appearance for communications known to Microsoft.’’ such communications made by counsel of Mr. Rule was signed and filed by Bradley Microsoft’s Description was electronically record alone with the Attorney General or the Smith and not by Mr. Rule. According to the signed by John Warden, Esq., of the law firm employees of the Department of Justice alone official docket, no document filed on behalf of Sullivan & Cromwell. The name of Charles shall be excluded from the requirements of of Microsoft in this civil action (or Civil F. Rule appears on the document apparently this subsection. Prior to the entry of any Action No. 98–1233) from November 15, as Counsel for Microsoft. There is no consent judgment pursuant to the antitrust 2001, through January 18, 2002, has been signature line on the document for Mr. Rule’s laws, each defendant shall certify to the signed by Mr. Rule on behalf of Microsoft. signature. Other than the appearance of Mr. district court that the requirements of this On November 16, 2001, an item appeared Rule’s name well below and to the left of Mr. subsection have been complied with and that on the front page of The Wall Street Journal Warden’s name, there is no mention of Mr. such filing is a true and complete description which item stated in full: Rule by name in the Microsoft Description or of such communications known to the LEGAL LOOPHOLE: Microsoft tries to of any communications Mr. Rule had on defendant or which the defendant reasonably shield its top Washington lawyer, Charles F. behalf of Microsoft with any officer of should have known.’’ Rule, from having to reveal some contacts employee of the United States concerning or Both the Tunney Act and this Court’s with the administration before the negotiated relevant to the RPFJ (for example, oral or November 8, 2001, Order setting forth the the company’s controversial antitrust written communications or promises during schedule to be followed to comply with the settlement. He was formally named a counsel the course of the intensive month-long Tunney Act in this case clearly grant the of record yesterday, exempting him from negotiations which led to the RPFJ or drafts public fifty (50) days to prepare and file disclosures otherwise demanded under a of proposed language for the RPFJ). comments on the RPFJ after defendant’s true 1974 law requiring court review of antitrust On December 12,2001, Mr. Rule appeared and complete disclosure of all deals. (along with Assistant Attorney General communications specified by 15 U.S.C. There is no indication in the electronic Charles § 16(g). docket, which is the only docket available for A. James and others) and submitted written As is shown below, the Microsoft this stage of Civil Action No. 98–1232, that testimony (not under oath) on behalf of Description of December 10, 2001, did not Mr. Rule has signed any pleading described Microsoft concerning the RPFJ before the meet the requirements of 15 U.S.C. § 16(g). in Rule 7(a), F.R.Civ.P., in ink and then Committee on the Judiciary of the United There are at least five broad categories of caused the document to be filed States Senate. Dautch Dec., 4, Attachment 3. communications which should have been electronically by someone else with the In this testimony concerning the captioned disclosed: 1) oral or written communications Court. civil actions, Mr. Rule (referring to the RPFJ by or on behalf of Mr. Rule acting in any (A copy of the item from The Wall Street as ‘‘PFJ’’) stated (p. 1, sentences 3–4): capacity for Microsoft; 2) oral or written Journal, November 16, 2001, page 1, is ‘‘As this committee is aware, I am counsel communications in Mr. Rule’s presence Attachment 5 to the Dautch Dec.) to Microsoft in the case [n.b. Civil Action (these communications were not made by On November 28, 2001, the RPFJ was Nos. 98–1232 and 98–1233] and was one of counsel of record alone); 3) oral or written published in the Federal Register along with the principal representatives for the company communications which may have induced a copy of a document titled ‘‘Competitive in the negotiations that led to the proposed the Deputy Chief of Staff to the Attorney Impact Statement which was filed with this consent decree. The PFJ was signed on General of the United States (David Israelite, Court on November 15, 2001. November 6th after more than a month of who recused himself from any involvement
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with Microsoft matters due to a conflict of or written communications made by him, or containing the necessary information. interest) to place a predawn telephone call on on his behalf, concerning or relevant to the (Copies of the notices of appearance for October 9, 2001, to a lobbyist for a Microsoft RPFJ to any officer or employee of the United Messrs. Douglas, Kuney, and Sullivan are competitor complaining about the States must be disclosed. Clearly, attached hereto as Exhibits G, H, and I, competitor’s support for the retention of communications made in the negotiations respectively.) Mr. Rule did not sign or file independent private counsel by the States which resulted in the RPFJ both concern the what purports to be his written notice of suing Microsoft in Civil Action No. 98–1233; RPFJ and are relevant to the RPFJ. entry of appearance. The written notice 4) oral or written communications or Mr. Rule was the Assistant Attorney attempting to enter an appearance for Mr. promises by Microsoft lobbyists (other than General in charge of the Antitrust Division Rule was signed and filed by Bradley Smith, Mr. Rule) or Microsoft personnel to officers long after the Tunney Act became the law. Esq., of Sullivan & Cromwell. or employees of the United States; and, 5) While the disclosure requirements of 15 As noted above, Mr. Rule has not, in communications made at Microsoft’s request U.S.C. § 16(g) would apply to Mr. Rule’s connection with the captioned Civil Actions, or suggestion to officers or employees of the client even if Mr. Rule were totally signed any pleading described in Federal United States (e.g., communications by unfamiliar with antitrust law, the disclosure Rule of Civil Procedure 7(a). Members or employees of either House of requirements should be applied strictly given Thus, arguably Mr. Rule was not a counsel Congress to officers or employees of the that Mr. Rule was the principal law of record even when the Microsoft Executive Branch). enforcement officer of the United States Description was filed on December 10, 2001. 1. Mr. Rule’s Undisclosed Conversations charged with enforcing this precise statute Accordingly, any oral or written Prior to November 15, 2001 Are Not for about three (3) years. communications Mr. Rule had with officers Exempted from Disclosure If Mr. Rule’s testimony to the effect that he or employees of the United States concerning a. Mr. Rule Was Not Counsel Of Record For was a principal negotiator on behalf of or relating to the RPFJ must be disclosed. Microsoft Prior to November 15, 2001 Microsoft of the RPFJ is accurate, then there 2. The Undisclosed Conversations of The statute, 15 U.S.C. § 16(g), exempts are clearly undisclosed communications Microsoft’s other Lobbyists With Executive from disclosure only two types of oral or made by Mr. Rule or in his presence. Or Legislative Branch Officials Or Employees written communications with any officer or Typically, a principal representative in Are Not Exempted From Disclosure employee of the United States. First, the negotiations would have made oral Even if Mr. Rule’s testimony to the effect statute exempts communications between comments to the negotiators for the United that he was a principal negotiator on behalf counsel of record and the Attorney General States. Further, the principal negotiator of Microsoft of the RPFJ were inaccurate and alone (i.e., outside the presence of Microsoft would have submitted written drafts of even if Mr. Rule had absolutely no oral or personnel and other Justice Department language (whether in electronic, magnetic, or written communications at any time of any officers or employees). Second, the statute paper form) to be used in the RPFJ. type, kind, or description with any officer or exempts communications between counsel of Also, there is the matter of Lobbyist Rule’s employee of the United States (whether in record and employees of the Department of contacts with the Administration which the Executive or Legislative Branch), it is still Justice alone (i.e., outside the presence of contacts were reported by The Wall Street likely that there were other undisclosed oral Microsoft personnel and non-employees of Journal. What precisely does Microsoft want or written communications made by or on the Justice Department). The statute does not to conceal? Why does Microsoft want to behalf of Microsoft concerning or relevant to provide for a lobbyist (or other person who conceal these communications? Discovery (or the RPFJ. is not counsel of record) to conduct a true and complete disclosure under 15 In addition to Mr. Rule, Microsoft has a negotiations with the Attorney General and/ U.S.C. § 16(g)) is needed to provide the substantial number of other inside and or Justice Department employees and then, American people and this Court with the outside federal lobbyists who were paid on after reaching agreement on a consent answer to these questions. the order of $17,645,000 from 1997 through judgment, convert from a lobbyist into a b. Mr. Rule Was Not Counsel Of Record For June 30, 2001. counsel of record in order to shield from Microsoft Even After November 15, 2001 A partial list of some known lobbying disclosure communications and negotiations If Microsoft’s position is that Mr. Rule’s expenditures and contacts includes the conducted when he was not counsel of communications prior to and during following: record. settlement negotiations did not have to be 1. From January 1, 1999, through June At a minimum, the term ‘‘officer or disclosed because on the date the Microsoft 30,2001, according to the official reports employee’’ in 15 U.S.C. § 16(g) should Description was filed Mr. Rule was a counsel required by Section 5 of the Lobbying include any officer or employee of the of record, that position is both untenable and, Disclosure Act of 1995, 2 U.S.C. 1604, the Executive Branch. It is clear that offices and as discussed above, contrary to the plain lobbying firm of Barbour Griffith & Rogers, employees of the Executive Branch are language of the statute. Washington, DC, reported receiving within the scope of the statute because the Local Civil Rule 83.6(a) governs the $1,380,000 from Microsoft for lobbying the two classes of exclusions are of officers or process by which an attorney becomes a House and Senate concerning issues employees of the Executive Branch (i.e., the counsel of record and provides in full that: including ‘‘the Justice Department’s Antitrust Attorney General and employees of the ‘‘An attorney eligible to appear may enter inquiry.’’ Dautch Dec., ¶¶ 8–12 and Department of Justice). Arguably, the term an appearance in a civil action by signing any Attachments 9–13. ‘‘officer or employee’’ in 15 U.S.C. § 16(g) pleading described in Rule 7(a), Federal 2. The official reports show that from July could also include any ‘‘officer or employee’’ Rules of Civil Procedure, or by filing a 1, 1997 to June 30, 2001, the lobbying firm of the Legislative Branch. The precise scope written notice of the entry of an appearance of Clark & Weinstock, New York, New York, of the term ‘‘officers and employees’’ within listing the attorney’s correct address, received $1,480,000 from Microsoft for the meaning of 15 U.S.C. § 16(g) appears to telephone number and bar identification lobbying the House and Senate concerning be a matter of first impression in this Court. number.’’ issues including Microsoft’s position on the Given the control of the Justice Department As mentioned above, as of the date of this Department of Justice antitrust suit against budget by the Congress, the importance of Memorandum, Mr. Rule has not in Microsoft. Dautch Dec., ¶¶ 13–19 and disclosing communications by Microsoft connection with the captioned civil actions Attachments 14–20. with Members of Congress or their staff signed any pleading described in Rule 7(a) of 3. The official reports show that from concerning or relating to the RPFJ is the Federal Rules of Civil Procedure (i.e., January I, 1998 to June 30, 1999, the lobbying manifest. In any event, the statute makes basically, various types of complaints and firm of Covington & Burling received clear that any communication concerning or answers). $140,000 from Microsoft for lobbying the relating to the RPFJ made on behalf of The typical written notice of entry of an House and Senate concerning, inter alia, Microsoft (whether by Microsoft, a Senator, appearance is signed by the attorney entering competition issues affecting the computer or anyone else) to an Executive Branch the appearance. For example, when software industry. Dautch Dec., ¶¶ 20–22 officer or employee must be disclosed under appearances were entered by Douglas Davis, and Attachments 21–23. 15 U.S.C. § 16(g). Esq., Steven Kuney, Esq., and Brendan 4. The official reports show that from July Mr. Rule was not a counsel of record prior Sullivan, Esq., each of these attorneys signed 1, 1997, to June 30, 2001, the lobbying firm to November 15,2001. Accordingly, any oral and flied a written notice of appearance of Downey Chandler, Inc. (at times known as
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Downey McGrath Group), received $560,000 campaign contributions, to many officers and settlement.’’ (A copy of the article from The from Microsoft for lobbying the Office of the employees of the United States. It is difficult New York Times of November 2, 2001, is Vice President, the Departments of Justice, to believe that when negotiations intensified Attachment 8 to the Dautch Declaration.)9 State, and Commerce, and the House and and were conducted around-the-clocks in Given the impact of the RPFJ on an Senate concerning issues including the October, 2001 not one of the legions of important sector of the economy and the Department of Justice’s antitrust suit against Microsoft lobbyists in whom the company over-riding importance of maintaining public Microsoft. Dautch Dec., ¶¶ 23–30 and invested millions made a single call to any confidence in the integrity of both public Attachments 24–31. officer or employee of the United States officials and the judicial process, it would be 5. From July 1, 1999 to June 30, 2001, the concerning or relevant to the RPFJ. In reasonable to inquire of both Messrs. Israelite official reports show that McSlarrow & particular, it is difficult to imagine that no and Berman either at a hearing before the Associates, at times known as McSlarrow United States Representative and no United Court or at a deposition whether any Consulting, L.L.C., received $200,000 from States Senator was asked conversation such as that set forth in the Microsoft for lobbying the House and Senate 8 Statement of Charles F. Rule to the article published on November 2, 2001, by concerning issues including competition in Committee on the Judiciary, US. Senate, The New York Times ever occurred. The the software industry. Dautch Dec., ¶¶ 32–35 December 12, 2001 (Dautch Dec., Attachment conversation, if it occurred, was not and Attachments 33–36. 3, ¶¶ 2). privileged. Because Mr. Israelite is recused 6. From January 1, 2000 to June 30, 2000, to contact the Executive Branch in support from taking official action with respect to the official report shows that Microsoft itself of Microsoft. Microsoft, the inquiry would also not require spent $3,340,000 on lobbying the National 3. Additional Undisclosed Conversations any intrusion into the reasons for any of his Security Agency, Federal Bureau of May Have Caused A PredawnTelephone Call authorized official actions. If the Investigation, Senate, House, the From A Senior Aide To The Attorney General conversation occurred at the request of Departments of Justice, Commerce, and To A Lobbyist Microsoft, this Court and Defense concerning issues including The New York Times of November 2, 2001, 9 In addition to the Microsoft stonewall, competition in the software industry.7 reported (‘‘States Biding for Time to Study the Justice Department is apparently Dautch Dec., ¶¶ 36 and Attachment 37. Microsoft Settlement Plan’’ by Stephen stonewalling the ranking minority member of 7. From July 1, 1997 to June 30, 2001, the Labaton, pp. C1 and C4) that: the House Judiciary Committee, Rep. John official reports show that Preston Gates Ellis ‘‘Some of Microsoft’s largest competitors Conyers, Jr., concerning the reported & Rouvelas Meeds received $1,380,000 from voiced bitter disappointment about the terms Israelite-Berman predawn conversation. On Microsoft for lobbying the White House, the of the proposed deal and asserted that the Nov. 6, 2001, Rep. Conyers wrote a letter to Vice President, the National Security Agency, company had used its political influence the Attorney General inquiring about the the Central Intelligence Agency, the National with a Republican administration to try to alleged conversation. (A copy of a press 7 On November 5, 1999, this Court entered quickly put an end to the case.’’ release containing the text of the letter from Findings of Fact adverse to Microsoft. U.S. v. ‘‘The rivals said that during court hearings Rep. Conyers is Attachment 44 to the Dautch Microsoft, 84 F.Supp.2d 9 (D.DC 1999). On that will be required on the proposed Dec.) As far as can be determined, no April 3, 2000, this Court entered Conclusions settlement, they intended to provide response had been received by Rep. Conyers of Law holding Microsoft to be in violation evidence of what they say was an improper from the Attorney General as of January 22, of the antitrust laws. U.S. v. Microsoft, 87 discussion between a senior aide to Attorney 2002. F.Supp.2d 30 (D.DC 2000). On June 7, 2000, General John Ashcroft who had been a top the public have a statutory right to know that this Court entered an order requiring official in the Republican Party and a fact. B. THE TUNNEY ACT WAS Microsoft to devise a plan to split itself into Republican lobbyist for AOL—Time Warner INTENDED TO PREVENT AN ABUSE OF an operating systems business and an that demonstrated Microsoft’s political POWER IN THE CURRENT SITUATION applications business. U.S. v. Microsoft, 97 muscle. In a statement issued today, 1. The Lawful $200,000 ITT Pledge Related F.Supp.2d 59 (D.DC 2000). Representative John Conyers Jr., Democrat of To One Of The Impeachable Abuses Of Security Council, the Office of Science and Michigan, also indicated that he would be Power In The Early 1970’s Was Equivalent To Technology Policy, the Federal Bureau of examining that incident, word of which has About $650,000 In 2001 Dollars Which Investigation, the U.S. Trade Representative, been circulating widely in recent days among Amount Is Vastly Exceeded By Over $23 the National Economic Council, the Office of lawyers, lobbyists and executives following Million Microsoft Has Lawfully Spent On Management and Budget, the Departments of the case?’’ Federal Campaign Contributions and Justice arid Commerce, and the House and ‘‘The aide to Mr. Ashcroft, David Israelite, Lobbying Since 1997 Senate concerning issues including had been the political director of the a. The ITT Litigation and the Kleindienst competition in the software market. Dautch Republican National Committee, which Nomination Dec., ¶¶ 37–42 and Attachments 38–43. received hundreds of thousands of dollars In 1969, the United States filed three civil The massive amount of money spent on from Microsoft during the 2000 presidential antitrust actions against the International lobbying raises a number of issues relevant campaign. Mr. Israelite, now Mr. Ashcroft’s Telephone and Telegraph Corporation to the Tunney Act disclosure Microsoft deputy chief of staff, has recused himself (‘‘ITT’’) challenging the acquisition by ITT of should have made including, but not limited from any involvement in the Microsoft three corporations (Canteen Corporation, to, those mentioned below. antitrust case because he owns 100 shares of Hartford Fire Insurance Company, and First, given that Microsoft was ably Microsoft stock.’’ Grinnell Corporation). represented by accomplished in-house ‘‘The lobbyist involved in the discussion Statement Of Information, Hearings Before counsel and the distinguished law firm of was said to be Wayne Berman, who is also The Committee On The Judiciary House Of Sullivan & Cromwell upon whom all a top Republican fundraiser.’’ Representatives, Ninety-Third Congress, opposing parties were required to serve all ‘‘According to the notes of a person briefed Second Session, Pursuant To H. Res. 803, documents pursuant to Federal Rule of Civil about the conversation on Oct. Book V, Part I, Department Of Justice ITT Procedure 5, why was it necessary to spend 9, the day it is said to have occurred, Mr. Litigation—Richard Kleindienst Nomination over $1.3 million for Barbour Griffith & Israelite called Mr. Berman.’’ Hearings (‘‘Statement Of Information’’ or Rogers to monitor the same civil action? ‘‘Are you guys behind this business of the ‘‘OI’’), pages 3–4. (A copy of the basic Where did the money really go? What did the states hiring their own lawyers in the statement of facts in the Statement Of money really buy? Did Barbour Griffith & Microsoft case?’’ Mr. Israelite asked Mr. Information is attached as Attachment 45 to Rogers discuss the Microsoft antitrust Berman in the predawn conversation, the Dautch Declaration.) litigation with any officer or employee of the according to the notes. ‘‘Tell your clients we Attorney General John Mitchell was United States while the RPFJ was being wouldn’t be too happy about that.’’ recused because his former law firm had negotiated? ‘‘. . .According to people who were later represented an ITT subsidiary; Deputy Second, as of June 30, 2001, Microsoft, its briefed on the conversation by an AOL Attorney General Richard Kleindienst acted employees, and its outside lobbyists had executive, Mr. Israelite then complained that as Attorney General in connection with the spent upwards of $20,000,000 over several AOL, a leading Microsoft rival, had been litigation and sought and received approval years lobbying, and where possible making trying to ‘‘radicalize’’ the states to oppose a from Counsel to the President John
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Ehrlichman before filing the first civil action. ‘‘He has failed to take care that the laws in comparison to the impact Microsoft and its SO1, p. 3. were faithfully executed by failing to act products have on the 2002 economy. The On December 31, 1970, ITT won a when he knew or had reason to know that forces at work today may be stronger than judgment in the Grinnell case after a trial. his close subordinates endeavoured to those in play thirty years ago. SOI, p. 13. impede and frustrate lawful inquiries by duly The problem was aptly summarized in the From April to June, 1971, a substantial constituted executive, judicial and legislative following quotations (by Senator Tunney amount of political pressure was applied by entities concerning the unlawful entry into during Senate debate) from testimony before the President and his assistants to Deputy the headquarters of the Democratic National the Senate Judiciary Committee by United Attorney General Kleindienst and Assistant Committee, and the cover-up thereof, and States Circuit Judge J. Skelly Wright, Chief Attorney General in charge of the Antitrust concerning other unlawful activities Judge of the United States Court of Appeals Division Richard McLaren to convince them including those relating to the confirmation for the District of Columbia Circuit: to forego an appeal and settle the ITT cases. of Richard Kleindienst as Attorney General of ‘‘By definition, antitrust violators wield SOI, pp. 17–31. the United States, the electronic surveillance great influence and economic power. They On July 21, 1971, ITT-Sheraton pledged up of private citizens, the break-in into the often bring significant pressure to bear on to $200,000 to bring the 1972 Republican offices of Dr. Lewis Fielding, and the government, and even on the courts, in National Convention to San Diego, California. campaign financing practices of the connection with the handling of consent SOI, p. 32. There is no suggestion that this Committee to Re-elect the President.’’ decrees. The public is properly concerned contribution by itself was illegal. House Report 93–1305, August 20, 1974, whether such pressure results in settlements On July 31, 1971, a settlement of the ITT pp. 139–183. which might shortchange the public interest litigation was announced. SOI, p. 34. (the Tunney Act), Senator Tunney said: . . . Because of the powerful influence of On February 15, 1972, the President ‘‘The genesis of this legislation came antitrust defendants and the complexity and nominated Richard Kleindienst to be during the hearings held by the Senate importance of antitrust litigation, the public Attorney General. SOI, p. 36. Judiciary Committee on the nomination of reasonably asks in many instances whether On February 29, March 1 and March 3, Richard Kleindienst, the hearings which in reaching a settlement, the government 1972, three columns by columnist Jack quickly became known as the ITT hearings, gave up more than it need have or should Anderson were published alleging a because the major issue involved allegations have. Some response to this public concern connection between the ITT-Sheraton pledge that a massive behind-closed-doors campaign is desirable, in my opinion, not only to and the ITT antitrust settlement and alleging resulted in halting the Justice Department’s ensure that the compromise struck by the the involvement of Messrs. Mitchell and prosecution of the ITT case and its hasty Justice Department is fair from the public’s Kleindienst. SOI, p. 39. (Copies of the settlement favorable to the company. During point of view, but also to alleviate fears Anderson columns and a memorandum these hearings, I became concerned with the which, even if unfounded, are unhealthy in allegedly written by an ITT lobbyist, Ms. Dita apparent weaknesses of the consent decree and of themselves.’’ Beard, all of which were included in the process, which could allow this kind of Cong. Rec. Senate, July 18, 1973, pp. evidentiary material supporting the corporate pressures to be exercised.’’ Cong. 24597–24598. Statement Of Information are attached as Rec. Senate, December 9, 1974, page 38585. C. ON THE PRESENT RECORD THE Attachment 46 to the Dautch Declaration.) As c. Since 1997 Microsoft Has Spent Over UNITED STATES WILL NOT BE ABLE TO a result of publication of the first two $23 Million On Federal COMPLY WITH THE COURT ORDER OF Anderson columns, Mr. Kleindienst asked Lobbying And Campaign Contributions NOVEMBER 8, 2001, REQUIRING that his confirmation hearings be re-opened. As mentioned above, since 1997, Microsoft CERTIFICATION BY THE UNITED STATES SOI, p. 39. has spent in excess of $23,000,000 on federal OF COMPLIANCE WITH TUNNEY ACT At the hearings in 1972 on his nomination campaign contributions and lobbying with PROCEDURES to be Attorney General, Mr. Kleindienst substantial effort devoted to lobbying On November 8, 2001, this Court ordered denied talking to all the President’s men concerning the captioned civil actions. The the United States to file, when appropriate, other than casually about the ITT matter and ITT pledge of $200,000 in 1971 is the a certification of compliance with the also denied receiving any suggestions from equivalent of about $650,000 in 2001 dollars. Antitrust Procedures and Penalties Act them about the action the Justice Department Dautch Dec., ¶ 43. (Tunney Act). Given the apparent failure of should take in the ITT cases. SOI, p. 42. There is no suggestion that any of Microsoft to comply with the Tunney Act On June 12, 1972, Richard Kleindienst Microsoft’s expenditures by themselves are and the United States’’ knowledge of this became Attorney General. SOI, p. 61. illegal. apparent compliance failure, it would appear On May 16, 1974, Richard Kleindienst In the instant matter, the Justice to be difficult, if not impossible, for the pleaded guilty to one count of refusing or Department won at trial and on appeal. The United States to provide the required failing fully to respond to questions Department has agreed to what some have certification in good faith. This difficulty propounded to him by the Senate Committee characterized as a ‘‘sweetheart’’ settlement provides another reason for the Court to on the Judiciary during the hearings in 1972 negotiated behind closed doors by a lobbyist order compliance by Microsoft with the on his nomination to be Attorney General. for Microsoft which, so far, has not revealed terms of 15 U.S.C. § 16(g). SOI, p. 66. information the Tunney Act (and this Court’s D. THE COURT SHOULD AGAIN ORDER On August 9, 1974, the President resigned. order) require it to reveal. FULL DISCLOSURE, ALLOW FULL b. The Impeachment Resolution 2. The Tunney Act Was Intended To DISCOVERY OF THE NECESSARY FACTS, The second Article of Impeachment Protect The Consuming Public From The AND EXTEND THE TIME FOR COMMENTS (adopted by a vote of 28–10 in the House Type Of Forces At Work Today In OR TERMINATE CONSIDERATION OF THE Judiciary Committee on July 27, 1974) Connection With The RPFJ RPFJ charged the President with using the powers The point is not that an unfortunate Even if Microsoft chooses to amend the of his office in violation of his constitutional chapter in our nation’s history has repeated Microsoft Description in an attempt to oath, disregarding his constitutional duty to itself or might repeat itself precisely but comply with a second court order (after take care that the laws be faithfully executed, rather that the same type of economic forces defying the first court order) with respect to and repeatedly engaging in five (5) types of at work in connection with the ITT litigation 15 U.S.C. § 16(g), the Court should consider conduct violating the constitutional rights of are at work today. In the United States, the allowing limited discovery by Relpromax citizens, impairing the due and proper presence of strong economic forces tends to Antitrust Inc., as an amicus curiae, into the administration of justice and the conduct of bring about the involvement of political communications revealed and into the issue lawful inquiries, or contravening the laws forces. of whether all communications were in fact governing agencies of the executive branch In 2001 dollars, the amount ITT pledged to revealed in order to avoid the prospect that and the purpose of those agencies. buy influence and access in 1971 is greatly Microsoft’s initial reticence infects a The specification of the fourth type of exceeded by the amount spent by Microsoft disclosure which purports to be in accord allegedly improper conduct stated in full in the last few years on lobbying and with the terms of a second disclosure order. with respect to the President that (emphasis campaign contributions. The impact ITT had Alternatively, in the interests of judicial added): on the 1971 economy while substantial pales economy, the Court may terminate all
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consideration of the RPFJ at this time and filed with the RPFJ on November 6, 2001, the submitted herewith authorizing limited deny entry of the RPFJ on the grounds that Assistant Attorney General in charge of the participation by Relpromax in proceedings the Court has not been provided with the Antitrust Division knew, or in the exercise of before the court. information the statute requires the reasonable care should have known, that The Court has extended itself to make all defendant to provide as a condition lobbyist Rule was one of Microsoft’s of Microsoft’s communications available to precedent to approval of a consent judgment principal representatives during the the entire nation by instituting electronic in these circumstances. negotiations which led to the RPFJ and was filing for the captioned civil actions. This E. IF THE COURT DOES NOT ORDER not, at the time, counsel of record for means that anyone anywhere with Internet FULL DISCLOSURE NOW, ENTRY OF THE Microsoft. As far as can be determined from access and a PACER (‘‘Public Access to Court RPFJ COULD BE REVERSED ON APPEAL the public court record of this case, the Electronic Records’’) account is able to read FOR THAT REASON ALONE; HOWEVER, IF United States has not exerted itself in any Microsoft’s Description of its THE COURT ORDERS ADDITIONAL way to obtain a proper disclosure from communications concerning and relevant to DISCLOSURE AND THEN ENTERS THE Microsoft or to encourage Microsoft to amend the RPFJ without having to travel all the way RPFJ, THERE WOULD BE A LOWER the Microsoft Description. from one end of the country to the POSSIBILITY OF REVERSAL DUE TO The attitude of the Justice Department has courthouse. DEFENDANT’S FAILURE TO COMPLY changed under the leadership of Attorney The full preliminary transcript is attached WITH THE DISCLOSURE PROVISIONS OF General John Ashcroft.11 The Department’s as Attachment 49 to the Dautch Dec. The THE TUNNEY ACT attitude toward this civil action was perhaps remarks referred to appear on page 10. Given the procedural history of this case best expressed by Assistant Attorney General It is now time for Microsoft to comply with (i.e., Judges Sporkin and Jackson were James at the December 12,2001, Senate the statute. removed from this case or its predecessors by Judiciary Committee hearing. In Senate debate which preceded adoption of the Tunney Act, Sen. John Tunney quoted the Court of Appeals), it would indeed be Due to a roll call vote, Mr. James was given the words of Supreme Court Justice Louis unfortunate if the Court were to allow just a few moments for his opening remarks Brandeis to sum up the meaning and purpose Microsoft to withhold information to which of the day. the public has a statutory right, determine of the Act: ‘‘Sunlight is the best The Litigating States are the District of 13 that entry of the RPFJ is in the public disinfectant.’’ Columbia, California, Connecticut, Florida, REQUEST FOR ORAL HEARING interest, and then be reversed on appeal due Iowa, Kansas, Massachusetts, Minnesota, to the failure of Microsoft to comply with 15 The Court may order an oral hearing on Utah, and West Virginia. this motion pursuant to 15 U.S.C. § 16(0(5) U.S.C. § 16(g) (necessitating re- The first point he chose to make was commencement of the Tunney Act which provides in full that: ‘‘some argue that the case never should have ‘‘In making its determination under procedures with respect to the current RPFJ 12 been filed.’’ subsection (e) of this section, the court may— several years from now). Alternatively, if the Another reason for the statutory . . (5) take such other action in the public Court were to order full compliance with the requirement of fifty (50) days to consider the interest as the court may deem appropriate.’’ Tunney Act now, the delay would be defendant’s communications is that the It is in the public interest that the proper minimal (on the order of sixty (60) days) and significance of any individual statutorily required disclosure be made. It is (assuming Microsoft made a true and communication in light of the RPFJ may only further in the public interest that the public complete disclosure) any decision to enter be apparent to one person or a few persons. be allowed their statutory right to consider the RPFJ could not be reversed due to The consideration time allows interested the full ramifications of the RPFJ for fifty (50) Microsoft’s failure to comply with its persons either to consult with others or days after a true and complete disclosure by disclosure obligations under the Tunney Act. experts or to conduct additional informal or Microsoft of all non-exempt communications F. RELPROMAX AS THE ONLY PARTY (with the Court’s approval) formal inquiries with officers or employees of the United OR PROPOSED AMICUS CURIAE WITH AN into the facts in order to be able to advise States concerning or relevant to the RPFJ. EXPRESSED INTEREST IN OBTAINING A both the United States and the Court of the Accordingly, pursuant to 15 USC sec. FULL DISCLOSURE FROM MICROSOFT full implications of the disclosures in light of 16(f)(5), movant requests an oral hearing on SHOULD BE GRANTED THE RIGHT TO the RPFJ. Given the carefully crafted this motion at the Court’s earliest LIMITED PARTICIPATION AS AN AMICUS statutory arrangement, the Congress realized convenience. CURIAE IN THE TUNNEY ACT that the Court on its own can not be expected Respectfully submitted PROCEEDINGS either to uncover or understand all the January 24, 2002 Clearly, Microsoft, the United States, and implications of Microsoft’s communications Peter Peckarsky (DC Bar No. 266171) the Settling States have little or no interest for the RPFJ without the assistance of persons 1615 L Street, NW, Suite 850 in inquiring into the communications at least interested enough in the RPFJ, the Washington, DC 20036 Microsoft should have disclosed pursuant to nule of law, and/or the avoidance of another Telephone: (202) 785–0100 15 U.S.C. § 16(g) or into the adequacy of the impeachment inquiry due to, inter alia, an Telecopier: (202) 408–5200 Microsoft Description. Their only interest abuse of the antitrust settlement power to Attorney for Relpromax Antitrust Inc. (explicitly expressed so far) is in obtaining devote their time to the public interest in this 13 Cong. Rec. Senate, July 18, 1973, p. Court approval of the RPFJ as fast as possible. matter. 24599. In particular, the United States Department of Given that Relpromax is an interested EXHIBIT LIST Justice presumably already has knowledge, at person and, in particular, interested in Exhibit A Declaration of Brian Dautch a minimum, of certain undisclosed obtaining the information to which it has a dated January 23, 2002 communications made to the Justice statutory right pursuant to 15 U.S.C. § 16(g), Exhibit B Order docketed September 28, Department by Microsoft lobbyist Charles F. it would be appropriate and in the public 2001 Rule from on or before October 1,2001, interest for the Court to enter an order, Exhibit C Stipulation dated November 6, through November 6, 2001. pursuant to 15 U.S.C. § 16(f)(3), in the form 2001 The Litigating States10 (the governments Exhibit D Order dated November 8, 2001 which did not settle in Civil Action No. 98– 11 David Israelite, Mr. Ashcroft’s Deputy Chief of Exhibit E Notice Of Entry Of Appearance 1233) are not parties to Civil Action No. 98– Staff, reportedly owns 100 shares of Microsoft stock for Charles F. Rule dated November 15, 2001 1232. While they and their citizens of course worth about $6,610 at the close of trading on Exhibit F Defendant Microsoft have Tunney Act rights, the Litigating States January 18, 2002. Dautch Dec., 44 and Attachment Corporation’s Description Of Written Or Oral have, so far, expressed little interest on the 8. David Israelite recused himself from any Communications Concerning The Revised record of Civil Action No. 98–1232 in involvement in the antitrust suit against Microsoft. Proposed Final Judgment And Certification obtaining for their citizens’’ consideration The President’s campaign, his Inaugural fund, Of Compliance Under 15 U.S.C. ¶ 16(g) dated during the comment period the information Attorney General Ashcroft, and his various campaign committees received about $180,000 in December 10, 2001 from Microsoft to which the public is entitled contributions from Microsoft and its employees in Exhibit G Appearance of Douglas Lee under the Tunney Act. 1999 and 2000. Dautch Dec., ¶ 2 and Attachment Davis dated December 12, 2001 Given his responsibility for the Antitrust 1. Mr. Ashcroft has not recused himself from any Exhibit H Appearance of Steven R. Kuney Division and his signature on the Stipulation involvement in the antitrust suit against Microsoft. dated November 1,2001
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Exhibit I Appearance of Brendan V. Committee hearing concerning the proposed in which CB reported that during the last half Sullivan, Jr. dated November 1, 2001 settlement of the Microsoft antitrust case. of 1998, it received $60,000 from Microsoft EXHIBIT A 7. Attached hereto as Attachment 8 is a for lobbying. IN THE UNITED STATES DISTRICT copy of an article titled ‘‘States Biding for 22. Attached hereto as Attachment 23 is a COURT Time to Study Microsoft Settlement Plan’’ by copy of Form LD-2 dated August 10, 1999, in FOR THE DISTRICT OF COLUMBIA Stephen Labaton which appeared in The which CB reported that during the first half UNITED STATES OF AMERICA New York Times, November 2, 2001, on of 1999, it received $40,000 from Microsoft CIVIL ACTION NO. 98–1232 (CKK) pages C1 and C4. for lobbying. Plaintiff, V. MICROSOFT CORPORATION, 8. Attached hereto as Attachment 9 is a 23. Attached hereto as Attachment 24 is a Defendant. copy of Form LD–2 dated August 5, 1999, in copy of Form LD-2 dated February 13, 1998, STATE OF NEW YORK ex rel. which Barbour, Griffith, and Rogers (‘‘BGR’’) in which Downey Chandler, Inc. (‘‘DCI’’) Attorney General ELIOT SPITZER, et al., reported that during the first half of 1999, it reported that during the last half of 1997, it Plaintiffs, v. MICROSOFT CORPORATION, received $300,000 from Microsoft for received $60,000 from Microsoft for lobbying. Defendant. lobbying. 24. Attached hereto as Attachment 25 is a CIVIL ACTION NO. 98–1233 (CKK) 9. Attached hereto as Attachment 10 is a copy of Form LD-2 dated August 7, 1998, in Next Court Deadline: copy of Form LD–2 dated February 13, 2000, which DCI reported that during the first half March 4, 2002 in which BGR reported that during the last Of 1998, it received $80,000 from Microsoft Pre-hearing Conference half of 1999, it received $320,000 from for lobbying. DECLARATION OF BRIAN DAUTCH Microsoft for lobbying. 25. Attached hereto as Attachment 26 is a 1. My name is Brian Dautch. I am a law 10. Attached hereto as Attachment 11 is a copy of Form LD-2 dated February 16, 1999, clerk for Peter Peckarsky, Esq. I have copy of Form LD–2 dated August 12, 2000, in which DCI reported that during the last personal knowledge of the facts testified to in which BGR reported that during the first half of 1998, it received $60,000 from below and if called as a witness could testify half of 2000, it received $300,000 from Microsoft for lobbying. to those facts. Microsoft for lobbying. 26. Attached hereto as Attachment 27 is a 2. Attached hereto as Attachment 1 is a 11. Attached hereto as Attachment 12 is a copy of Form LD-2 dated July 30, 1999, in copy of an article dated September 6, 2001 copy of Form LD–2 dated February 14, 200 which DCI reported that during the first half and titled ‘‘Microsoft Antitrust Case: An I, in which BGR reported that during the last of 1999, it received $80,000 from Microsoft Update on the Company’s Lobbying and half of 2000, it received $240,000 from for lobbying. Campaign Contributions’’ and related Microsoft for lobbying. 27. Attached hereto as Attachment 28 is a information which was downloaded from the 12. Attached hereto as Attachment 13 is a copy of Form LD-2 dated February 14, 2000, in which DCI (now called Downey McGrath website (www.opensecrets.org) of The Center copy of Form LD–2 dated August 14, 2001, Group, Inc., or ‘‘DMG’’), reported that during For Responsive Politics (‘‘CRP’’). The chart in which BGR reported that during the first the last half of 1999, it received $100,000 on page 2 of Attachment 1 shows that half of 2001, it received $220,000 from from Microsoft for lobbying.’’ Microsoft an its employees contributed about Microsoft for lobbying. 28. Attached hereto as Attachment 29 is a $6.8 million to national political parties and 13. Attached hereto as Attachment 14 is a copy of Form LD-2 dated August 11, 2000, in copy of Form LD–2 dated February 6, 1998, federal candidates from 1997 through July which DMG reported that during the first half 31,2001. The chart on page 3 of Attachment in which Clark and Weinstock (‘‘CW’’) of 2000, it received $80,000 from Microsoft 1 shows that Microsoft spent about $17.1 reported that during the last half of 1997, it for lobbying. million on federal lobbying from 1997 received $80,000 from Microsoft for lobbying. 29. Attached hereto as Attachment 30 is a through December 31, 2000. The CRP 14. Attached hereto as Attachment 15 is a copy of Form LD-2 dated February 14, 2001, reported it had found $161,250 in copy of Form LD–2 dated August 4, 1998, in in which DMG reported that during the last contributions from Microsoft or its which CW reported that during the first half half of 2000, it received $40,000 from employees to the Bush campaign or the Bush- of 1998, it received $160,000 from Microsoft Microsoft for lobbying. Cheney Inaugural Fund. The CRP also for lobbying. 30. Attached hereto as Attachment 31 is a reported it had found $19,250 in 15. Attached hereto as Attachment 16 is a copy of Form LD-2 dated August 14, 2001, in contributions in 1999 and 2000 to the copy of Form LD–2 dated February 11, 1999, which DMG reported that during the first half campaign of Attorney General Ashcroft and in which CW reported that during the last of 2001, it received $60,000 from Microsoft to the Ashcroft Victory Committee. The half of 1998, it received $220,000 from for lobbying. listings and dates for $19,000 of these Microsoft for lobbying. 31. Attached hereto as Attachment 32 is a contributions are shown in Attachment 1 16. Attached hereto as Attachment 17 is a copy of Form LD-2 dated August 14, 2000, in hereto. copy of Form LD–2 dated August 9, 1999, in which Lackman & Associates, L.L.C., 3. Attached hereto as Attachment 2 is a which CW reported that during the first half (‘‘L&A’’) reported that up to June 30, 2000, copy of a copy of the mission statement of of 1999, it received $220,000 from Microsoft it received $17,500 from Microsoft for the Center For Responsive Politics which was for lobbying. lobbying. downloaded from the website 17. Attached hereto as Attachment 18 is a 32. Attached hereto as Attachment 33 is a (www.opensecrets.org) of The Center For copy of Form LD–2 dated August 11, 2000, copy of Form LD-2 dated January 21, 2000, Responsive Politics. in which CW reported that during the first in which McSlarrow & Associates, L.L.C. 4. Attached hereto as Attachment 3 is a half of 2000, it received $280,000 from (‘‘MA’’) reported that during the last half of copy of the unsworn Statement of Charles F. Microsoft for lobbying. 1999, it received $40,000 from Microsoft for (Rick) Rule, presented on December 12,2001, 18. Attached hereto as Attachment 19 is a lobbying. to the Senate Judiciary Committee. Attached copy of Form LD-2 dated February 9, 2001, 33. Attached hereto as Attachment 34 is a hereto as Attachment 4 is a copy of a in which CW reported that during the last copy of Form LD-2 dated August 10, 2000, in Lobbying Registration for registrant half of 2000, it received $280,000 from which MA (now known as McSlarrow Covington & Burling dated June 29, 1998. Microsoft for lobbying. Consulting, L.L.C., or ‘‘MC’’) reported that Attached hereto as Attachment 7 is a copy of 19. Attached hereto as Attachment 20 is a during the first half of 2000, it received Charles F. ‘‘Rick’’ Rule’s resume, which I copy of Form LD-2 dated August 9, 2001, in $40,000 from Microsoft for lobbying. obtained from the website of Fried, Frank, which CW reported that during the first half 34. Attached hereto as Attachment 35 is a Harris, Shriver, and Jacobson (www. of 2001, it received $240,000 from Microsoft copy of Form LD-2 dated February 2, 2001, friedfrank.com). for lobbying. in which MC reported that during the last 5. Attached hereto as Attachment 5 is a 20. Attached hereto as Attachment 21 is a half of 2000, it received $60,000 from copy of an item from the front page of the A copy of Form LD-2 dated August 4, 1998, in Microsoft for lobbying. section of The Wall Street Journal, dated which Covington & Burling (‘‘CB’’) reported 35. Attached hereto as Attachment 36 is a November 16, 2001. that during the first half of 1998, it received copy of Form LD-2 dated August 12, 2001, in 6. Attached hereto as Attachment 6 is a $40,000 from Microsoft for lobbying. which MC reported that during the first half copy of the preliminary transcript of the 21. Attached hereto as Attachment 22 is a of 2001, it received $60,000 from Microsoft December 12,2001 Senate Judiciary copy of Form LD-2 dated February 4, 1999, for lobbying.
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36. Attached hereto as Attachment 37 is a I declare under’’ penalty of perjury that the Just months into the 2001–02 election copy of Form LD-2 dated August 11, 2000, in foregoing is true and correct, executed in cycle, Microsoft already ranks as a significant which Microsoft reported that during the first Washington, DC, on January 23, 2002. contributor, giving just over $700,000 to half of 2000, it spent $3,340,000 for lobbying. Brian Dautch federal parties and candidates, split almost 37. Attached hereto as Attachment 38 is a ATTACHMENT 1 evenly between the two major parties. (This copy of Form LD-2 dated February 17, 1998, TO THE includes contributions reported to the FEC in which Preston, Gates, Ellis, & Rouvelas DECLARATION OF BRIAN DAUTCH through the end of July.) Meeds, L.L.P. (‘‘PGERM’’) reported that News Alert 9/6/01: Microsoft However, the lawsuit’s most significant during the last half of 1997, it received The Who’s Who’s Get News and impact on campaign finance extends beyond $220,000 from Microsoft for lobbying. NOME √ DONATE Microsoft itself. The antitrust lawsuit proved 38. Attached hereto as Attachment 39 is a Basics Giving Getting Local! Issues to be a major turning point in the tech copy of Form LD-2 dated August 14, 1998, in SEARCH industry’s involvement in Washington which PGERM reported that during the first Tracking the Payback √ Issue Profiles politics. half of 1998, it received $360,000 from Alerts √ Press Releases News Alert 9/6/01: Microsoft Page 2 of 2 Microsoft for lobbying. Newsletter √ Publications Shortly after the Justice Department 39. Attached hereto as Attachment 40 is a Online I launched its lawsuit, Microsoft became one copy of Form LD-2 dated February 14, 2000, Publications for Sale MONEY I POLITICS of the first computer companies to open in which PGERM reported that during the A; Sept. 6, 20 Vol. 6, No. lobbying offices in Washington and was one last half of 1999, it received $200,000 from Alerts: Current Congress, Alert List Signup, of the first to contribute major soft money Microsoft for lobbying. Alerts: 106th Congress, Alerts: 105th dollars to the political parties. By the year 40. Attached hereto as Attachment 41 is a Congress Alerts: 104th Congress Holly Bail 2000, computers and Internet companies copy of Form LD-2 dated August 14, 2000 in 202–857-202–857 ranked No. 7 on the list of the biggest which PGERM reported that during the first Microsoft Antitrust Case: An Update on the industry givers on the federal level, half of 2000, it received $220,000 from Company’s Lobbying and Campaign contributing more than $39.7 million. Since Microsoft for lobbying. Contributions After more than three years of 1997, Microsoft has been the industry’s 41. Attached hereto as Attachment 42 is a investigations, litigation and intensive biggest contributor. copy of Form LD-2 dated February 14,2001, lobbying, the Justice Department today Click here for a look at Microsoft’s in which PGERM reported that during the announced it Prepared would no longer seek contributions to: last half of 2000, it received $260,000 from a break-up of the computer giant Microsoft, Microsoft for lobbying. ending one aspect of a landmark case that Members of the House in 1999–2000 42. Attached hereto as Attachment 43 is a sent the company’s campaign contributions Members of the House in 2001 copy of Form LD-2 dated August 14, 2001, in soaring and formally introduced the Members of the Senate in 1995–00 which PGERM reported that during the first computer industry to Washington politics. Members of the Senate in 2001 half of 2001, it received $120,000 from And click here for the company’s lobbying Microsoft for lobbying. FORMAT TO PRINT expenditures dating back to 1997. 43. On January 14, 2001, I called the E-MAIL TO A FRIEND Microsoft Soft Money, PAC & Individual Bureau of Labor Statistics to inquire about The decision by the Bush administration to Contributions to Federal Parties and changes in the Consumer Price Index. The vacate the lawsuit that was first initiated in Candidates, 1993–2001* ?? BLS advised me that a Consumer Price Index 1998 by the Clinton Justice Department is *Based on FEC data downloaded 9/1/01. of 100 on January 1, 1972 would equate to considered a major victory for Microsoft, The totals for the 2002 election cycle a CPI of 326 on January 1, 2001. which nearly tripled its campaign ‘‘including fund-raising numbers reported to 44. According to the Wall Street Journal of contributions and more than doubled its the FEC through July 31,2001. January 21,2002, p. C8, the closing price of lobbying expenditures during its fight against Microsoft Antitrust Case Microsoft common stock on January 18, 2002 the antitrust case. was $66.10 per share. MICROSOFT LOBBYING EXPENDITURES, THE CENTER FOR RESPONSIVE POLITICS 45. Attached hereto as Attachment 44 is a 1997–00* copy of a press release dated November 6, During the 1999–2000 election cycle, 2001, from Congressman John Conyers, Jr., Microsoft contributed more than $4.7 million Calendar year Lobby total which appears to contain the text of a letter in soft money, PAC and individual dated November 6, 2001, from Rep. Conyers contributions to federal candidates and 1997 $2,120,000. to The Honorable John Ashcroft, Attorney parties—almost three times what the 1998 $3,740,000. General of the United States. company contributed during the previous 1999 $4,860,000. 46. Attached hereto as Attachment 45 is a three election cycles combined. More than 2000 $6,360,000. copy of the basic statement of facts in the half that money went to Republicans. Statement Of Information, Hearings Before The Bush campaign reported $61,250 in *Based on filings with the US Senate. The Committee On The Judiciary House Of contributions from Microsoft employees Representatives, Ninety-Third Congress, during 1999–2000. Attorney General John CONTRIBUTIONS TO THE SENATE, Second Session, Pursuant To H. Res. 803, Ashcroft, a former U.S. Senator from Book V, Part I, Department Of Justice ITT Missouri, reported just $9,250 in 2001* Litigation—Richard Kleindienst Nomination contributions from Microsoft during the last Hearings. elections, though the company did contribute Name Total 47. Attached hereto as Attachment 46 are $10,000 to the Ashcroft Victory Committee, copies of pages 614–615, 634–636 from the a soft money account run jointly by the Wayne Allard (R-Colo) ...... $1,500 Supporting Evidence in Statement Of Ashcroft campaign and the National Max Baucus (D-Mont) ...... 1,000 Information, Hearings Before The Committee Republican Senatorial Committee. Evan Bayh (D-Ind) ...... 2,000 On The Judiciary House Of Representatives, But that’s not all the money that Microsoft Robert F. Bennett (R-Utah) ...... 1,000 Ninety-Third Congress, Second Session, has thrown around Washington in recent Joseph R. Biden Jr (D-Del) ...... 1,000 Pursuant To H. Res. 803, Book V, Part II, years. During the calendar year 2000 alone, Maria Cantwell (D-Wash) ...... 35,250 Department Of Justice ITT Litigation— Microsoft spent almost $6.4 million to lobby Jean Carnahan (D-Mo) ...... 1,000 Richard Congress and the Clinton administration, Max Cleland (D-Ga) ...... 1,000 Nomination Hearings. A two (2) page according to reports filed with the U.S. Hillary Rodham Clinton (D-NY) .... 1,000 memorandum dated June 25, 1971, from D. Senate. That’s a significant increase over the Thad Cochran (R-Miss) ...... 3,000 D. Beard to W. R. Merriam is on pages 614– $4.9 million in lobbying expenditures the Susan Collins (R-Me) ...... 2,000 615. Columns by Jack Anderson dated company reported in 1999. And Microsoft Larry E. Craig (R-Idaho) ...... 2,000 February 29, 1972, March 1, 1972, and March also was a major contributor to the Bush- Pete V. Doreen c (R-NM) ...... 2,000 3, 1972, appear on pages 634–636, Cheney Inaugural Fund, donating $100,000 Byron L. Dorgan (D-ND) ...... 1.000 respectively. to the gala last January. Richard J. Durbin (D-Ill) ...... 1,000
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CONTRIBUTIONS TO THE SENATE, CONTRIBUTIONS TO THE SENATE, CONTRIBUTIONS TO THE HOUSE, 2001*—Continued 1995–00.—Continued 2001*—Continued
Name Total Name Total Name Total*
Michael B. Enzi (R-Wyo) ...... 1,000 Lincoln D. Chafee (R-R??) ...... 3,000 Peter Deutsch (D-FIB) ...... 1,000 Phil Gramm (R-Texas) ...... 1,000 Byron L. Dorgan (D-ND) ...... 2,500 Norm Dicks (D-Wash) ...... 4.000 Charles E. Grassley (R-Iowa) ...... 1,000 Daniel K. Akaka (D-Hawaii) ...... 2,500 John D. Dingell (D-Mich) ...... 1,000 Chuck Hagel (R-Neb) ...... 2,000 Gordon Smith (R-Ore) ...... 2,500 Cal Dooley (D-Calif) ...... 4,500 Tom Harkin (D-Iowa) ...... 1,000 Arlen Specter (R-Pa) ...... 2,500 Jennifer Dunn (R-Wash) ...... 2,000 Tim Hutchinson (R-Ark) ...... 4,000 Tim Hutchinson (R-Ark) ...... 2,000 Chet Edwards (D-Texas) ...... 1,000 James M. Inhofe (R-Okla) ...... 1,000 Barbara Boxer (D-Calif) ...... 2,000 Robert L. Ehrlich Jr (R-Md) ...... 1,000 Daniel K. Inouye (D-Hawaii) ...... 500 Evan Bayh (D-Ind) ...... 2,000 Jo Ann Emerson (R-Mo) ...... 500 Tim Johnson (D-SD) ...... 2,000 Chuck Hagel (R-Neb) ...... 2,000 Anna G. Eshoo (D-Calif) ...... 2,000 Mary L. Landrieu (D-La) ...... 3,500 Ted Stevens (R-Alaska) ...... 2,000 Bob Etheridge (D-NC) ...... 1,000 Patrick J. Leahy (D-Vt) ...... 250 Richard J. Durbin (D-Ill) ...... 2,000 Sam Farr (D-Calif) ...... 1,000 Carl Levin (D-Mich) ...... 3,000 Pete V. Domenici (R-NM) ...... 2,000 Mike Ferguson (R-NJ) ...... 500 Blanche Lambert Lincoln (D-Ark) 1,000 John D. Rockefeller IV (D-WVa) .. 2,000 Mark Foley (R-FIB) ...... 1,000 Mitch McConnell (R-Ky) ...... 9,750 Jeff Sessions (R-Ala) ...... 2,000 J. Randy Forbes (R-Va) ...... 1,000 Patty Murray (D-Wash) ( ...... 3,000) Charles E. Grassley (R-Iowa) ...... 2,000 Harold E. Ford Jr (D-Tenn) ...... 52,000 Jack Reed (D-Rl) ...... 1,000 Robert F . Bennett (R-Utah) ...... 2,000 Vito J. Fossella (R-NY) ...... 1,000 Pat Roberts (R-Kan) ...... 1,000 Jim Bunning (R-Ky) ...... 1,500 Martin Frost (D-Texas) ...... 1,000 John D. Rockefeller IV (D-WVa) .. 1,000 George V. Voinovich (R-Ohio) ..... 1,500 Elton Gallegly (R-Calif) ...... 1,000 Jeff Sessions (R-Ala) ...... 3,000 Robert C, Byrd (D-WVa) ...... 1,500 George W. Gekas (R-Pa) ...... 500 Gordon Smith (R-Ore) ...... 4,000 Blanche Lambert Lincoln (D-Ark) 1,500 Richard A. Gephardt (D-Mo) ...... 5,000 Robert C. Smith (R-NH) ...... 1,000 Thomas R. Carper (D-Del) ...... 1,500 Jim Gibbons (R-Nev) ...... 500 Deborah Ann Stabenow (D- John Kerry (D-Mass) ...... 1,250 Benjamin A. Gilman (R-NY) ...... 1,000 Mic??) ...... 1,000 Carl Levin (D-Mich) ...... 1,250 Robert W. Goodlatte (R-Va) ...... 1,000 Ted Stevens (R-Alaska) ...... 6,000 Bill Nelson (D-Fla) ...... 1,000 Bart Gordon (D-Tenn) ...... 1,000 Christopher S. Bond (R-Mo) ...... 1,000 Lindsey Graham (R-SC) ...... 4,500 *Based on FEC data downloaded 9/1/01. Fred Thompson (R-Tenn) ...... 1.000 Sam Graves (R-Mo) ...... 2,000 John B. Breaux (D-La) ...... 1,000 Mark Green (R-Wis) ...... 1,500 CONTRIBUTIONS TO THE SENATE, Bob Graham (D-Fla) ...... 1,000 Jane Harman (D-Calif) ...... 500 1995–00. Strom Thurmond (R-SC) ...... 1,000 Melissa A. Hart (R-Pa) ...... 1,500 Larry E, Craig (R-Idaho) ...... 1,000 Dennis Hastert (R-Ill) ...... 1,000 Name Total Paul S. Sarbanes (D-Md) ...... 1,000 David L. Hobson (R-Ohio) ...... 1,000 Don Nickles (R-Okla) ...... 1,000 Rush D. Holt (D-NJ) ...... 1,500 Patty Murray (D-Wash) $48,236. Peter G. Fitzgerald (R-Ill) ...... 1,000 Mike Honda (D-Calif) ...... 1,000 John McCain (R-Ariz) ...... 47,449 Robert G. Torricelli (D-N)) ...... 1,000 Arno Houghton (R-NY) ...... 2,000 Maria Cantwell (D-Wash) ...... 25,350 Frank H. Murkowski (R-Alaska) ... 1,000 Steny H. Hoyer (D-Md) ...... 1,000 Conrad Burns (R-Mont) ...... 20,250 Tim Johnson (D-SD) ...... 1,000 Kenny Hulshof (R-Mo) ...... 1,000 Edward M. Kennedy (D-Mass) ..... 15,000 Wayne Allard (R-Colo) ...... 1,000 Jay Inslee (D-Wash) ...... 28,500 Bill Frist (R-Tenn) ...... 12,500 Judd Gregg (R-NH) ...... 1,000 John H. Isakson (R-Ga) ...... 500 Dianne Feinstein (D-Calif) ...... 12,000 Craig Thomas (R-Wyo) ...... 1,000 Sheila Jackson Lee (D-Texas) ..... 1,000 Jon L. Kyl (R-Ariz) ...... 2,000 Ben Nighthorse Campbell (R- William J. Jefferson (D-La) ...... 1,000 Jeff Bingaman (D-NM) ...... 12,000 Colo) ...... 1,000 Nancy L. Johnson (R-Conn) ...... 2,000 Rick Santorum (R-Pa) ...... 11,000 Sam Johnson (R-Texas) ...... 1,000 Joseph I. Lieberman (D-Cormb ... 10,500 *Based on FEC data downloaded 9/1/01. Ric Keller (R-Fla) ...... 1,000 John Ensign (R-Nev) ...... 10,000 Mark Kennedy (R-Minn) ...... 500 Mike OeWine (R-Ohio) ...... 10,000 CONTRIBUTIONS TO THE HOUSE, 2001* Patrick J. Kennedy (D-RI) ...... 1,000 Max Baucus (O-Mont) ...... 10,000 Jim Kolbe (R-Ariz) ...... 1,500 Olympia J. Snowe (R-Maine) ...... 10,000 Name Total* Rick Larsen (D-Wash) ...... 15,500 Deborah Ann Stabenow (D-Mich) 8,250 John B. Larson (D-Conn) ...... 500 Patrick J. Leahy (D-Vt) ...... 7,150 Dick Armey (R-Texas) ...... $2.500 Sander M. Levin (D-Mich) ...... 3,000 Ron Wyden (D-Ore) ...... 6,000 Spencer Bachus (R-Ala) ...... 1,000 berry Lewis (R-Calif) ...... 1,000 Ernest F. Hollings (D-SC) ...... 6,000 Joe L. Barton (R-Texas) ...... 1,500 Zoe Lofgren (D-Calif) ...... 1,000 Trent Lott (R-Miss) ...... 6,000 Xavier Becerra (D-Calif) ...... 500 William P. ‘‘Bill’’ Luther (D-Minn) .. 500 George Allen (R-Va) ...... 5,500 Ken Bentsen (D-Texas) ...... 1,000 Robert T. Matsui (D-Calif) ...... 2,000 Kent Conrad (D-ND) ...... 5,500 Howard L. Berman (D-Calif) ...... 1,000 Jim McDermott (D-Wash) ...... 2,000 Max Cleland (D-Ga) ...... 5,250 Michael Bilirakis (R-FIB) ...... 1,000 Scott Mc??nnis (R-Colo) ...... 1,000 Mary L. Landrieu (D-La) ...... 5,000 Henry Bonilla (R-Texas) ...... 1,000 Gregory W. Meeks (D-NY) ...... 1,000 Ben Nelson (D-Neb) ...... 5,000 Mary Bono (R-Calif) ...... 1,000 George Miller (D-Calif) ...... 1,000 Hillary Rodham Clinton (D-NY) .... 5,000 Rick Boucher (D-Va) ...... 1,500 Dennis Moore (D-Kan) ...... 1,000 Charles E. Schumer (D-NY) ...... 5,000 Kevin Brady (R-Texas) ...... 500 James P. Moran (D-Va) ...... 1,000 Tom Daschle (D-SD) ...... 5,000 Sherrod Brown (D-Ohio) ...... 500 Sue Myrick (R-NC) ...... 1,000 Robert C. Smith (R-NH) ...... 4,500 Ed Bryant (R-Tenn) ...... 1,000 George Nethercutt (R-Wash) ...... 2,000 Christopher J. Dodd (D-Conn) ..... 4,000 Richard M. Burr (R-NC) ...... 1.500 Bob Ney (R-Ohio) ...... 2.000 Kay Bailey Hutchison (R-Texas) .. 4,000 Steve Buyer (R-Ind) ...... 2,500 Jim Nussle (R-Iowa) ...... 1,000 Phil Gramm (R-Texas) ...... 3,800 Lois Capps (D-Calif) ...... 1,000 Douglas A. Ose (R-Calif) ...... 1,000 Jack Reed (D-R??) ...... 3,500 Steve Chabot (R-Ohio) ...... 1,500 C. L. ‘‘Butch’’ Otter (R-Idaho) ...... 1,000 Michael D. Crapo (R-Idaho) ...... 3,500 Barbara Cubin (R-Wyo) ...... 2,000 Michael G. Oxley (R-Ohio) ...... 1,500 James M. Jeffords (R-Vt) ...... 3,250 Randy ‘‘Duke’’ Cunningham (R- Nancy Pelosi (D-Calif) ...... 1,000 Sam Brownback (R-Kan) ...... 3.000 Calif) ...... 1,500 Charles W. ‘‘Chip’’ Pickering Jr .... 1,000 Zell Miller (D-GA) ...... 3,000 Jim Davis (D-FIB) ...... 500 (R-Miss) ...... Mitch McConnell (R-KY) ...... 3,000 Thomas M. Davis III (R-Va) ...... 500 Earl Pomeroy (D-NO) ...... 1,000 Richard G. Lugar (R-Ind) ...... 3,000 Diana Degette (D-Colo) ...... 1,000 David E. Price (D-NC) ...... 1,000
VerDate 11
CONTRIBUTIONS TO THE HOUSE, CONTRIBUTIONS TO THE HOUSE, CONTRIBUTIONS TO THE HOUSE, 2001*—Continued 1999–00*—Continued 1999–00*—Continued
Name Total* Name Total* Name Total*
Deborah Pryce (R-Ohio) ...... 1,000 Jim Kolbe (R-Ariz) ...... $4,500 Thomas Gerard Tancredo (R- Jim Ramstad (R-Minn) ...... 500 Henry J. Hyde (R-Ill) ...... $4,000 Colo) ...... $2,000 Denny Rehberg (R-Mont) ...... 500 George W. Gekas (R-Pa) ...... $4,000 William J. Jefferson (D-La) ...... $2,000 Harold Rogers (R-Ky) ...... 1,000 Tim Roamer (D-Ind) ...... $4,000 Sheila Jackson Lee (D-Texas) ..... $2,000 Mike Rogers (R-Mich) ...... 500 Charies W, ‘‘Chip’’ Pickering Jr Eddie Bernice Johnson (D-Texas) $2,000 Ed Royce (R-Calif) ...... 300 (R-Miss) ...... $4,000 Felix J. Grucci Jr (R-NY) ...... $2,000 Paul D. Ryan (R-Wis) ...... 3,000 Heather A. Wilson (R-NM) ...... $4,000 Mark Kennedy (R-Minn) ...... $2,000 Max Sandlin (D-Texas) ...... 500 Bob Etheridge (D-NC) ...... $4,000 Charles W. Stenholm (D-Texas) .. $2,000 Tom Sawyer (D-Ohio) ...... 2,000 James E. Clyburn (D-SC) ...... $4,000 Steny H. Hoyer (D-Md) ...... $2,000 F. James Sensenbrenner Jr (R- Howard Coble (R-NC) ...... $4,000 Darlene Hooley (D-Ore) ...... $2,000 Wis) ...... 1,000 David Vitter (R-La) ...... $4,000 Chet Edwards (D-Texas) ...... $2,000 John Shadegg (R-Ariz) ...... 1,000 Christopher R. Cannon (R-Utah) .. $3,500 Jane Harman (D-Calif) ...... $2,000 John M. Shimkus (R-Ill) ...... 1,000 Lois Capps (D-Calif) ...... $3,500 Jeff Flake (R-Ariz) ...... $2,000 Adam Smith (D-Wash) ...... 10,500 Harold E. Ford Jr (D-Tenn) ...... $3,500 Robin Hayes (R-NC) ...... $2,000 Lamar Smith (R-Texas) ...... 1,000 Paul D. Ryan (R-Wis) ...... $3,500 Mark Foley (R-Fla) ...... $2,000 Cliff Stearns (R-Fla) ...... 1,000 Adam Putnam (R-Fla) ...... $3,500 Bobby L. Rush (D-Ill) ...... $2,000 Charles W. Stenholm (D-Texas) .. 1,000 Ed Schrock (R-VB) ...... $3,500 Henry A. Waxman (D-Calif) ...... $2,000 John E. Sununu (R-NH) ...... 3,500 Jim McDermott (D-Wash) ...... $3,500 Tammy Baldwin (D-Wis) ...... $2,000 John Tanner (D-Tenn) ...... 500 Nancy L. Johnson (R-Corm) ...... $3,500 Joe L. Barton (R-Texas) ...... $2,000 Ellen O. Tauscher (D-Calif) ...... 2,000 Anne Northup (R-Ky) ...... $3,500 Dennis Moore (D-Kan) ...... $2,000 W. J. ‘‘Billy’’ Tauzin (R-La) ...... 2,500 Jim McCrery (R-La) ...... $3,000 Gary G. Miller (R-Calif) ...... $2,000 Todd Tiahrt (R-Kan) ...... 500 Rick Boucher (D-Va) ...... $3,000 Dan Miller (R-Fla) ...... $2,000 Edolphus Towns (D-NY) ...... 2,000 Martin T. Meehan (D-Mass) ...... $3,000 Richard W. P0mbo (R-Calif) ...... $2,000 Fred Upton (R-Mich) ...... 2,000 Howard L. Berman (D-Calif) ...... $3,000 Earl Pomeroy (D-ND) ...... $2,000 Greg Walden (R-Ore) ...... 1,500 Ken Bentsen (D-Texas) ...... $3,000 Michael Bilirakis (R-Fla) ...... $2,000 J. C. Watts Jr (R-Okla) ...... 1,000 William P. ‘‘Bill’’ Luther (D-Minn) .. $3,000 David E. Bonior (D-Mich) ...... $2,000 Henry A. Waxman (D-Calif) ...... 1,000 Spencer Bachus (R-Ala) ...... $3,000 Adam Schiff (D-Calif) ...... $2,000 Anthony Weiner (D-NY) ...... 500 Mary Bono (R-Calif) ...... $3,000 Patrick J. Kennedy (D-RI) ...... $2,000 Jerry Weller (R-Ill) ...... 1,000 Richard M. Burr (R-NC) ...... $3,000 J. C. Watts Jr (R-Okla) ...... $2,000 Edward Whitfield (R-Ky) ...... 1,000 Steve Buyer (R-ind) S3,000. Ron Lewis (R-Ky) ...... $2,000 Heather A. Wilson (R-NM) ...... 1,000 Chris John (D-La) ...... $3,000 H. James Saxton (R-NJ) ...... $2,000 Frank R. Wolf (R-Va) ...... 1,000 Ralph M. Hall (D-Texas) ...... $3,000 Bob Clement (D-Tenn) ...... $2,000 Don Young (R-Alaska) ...... 1,000 Mark Green (R-Wis) ...... $3,000 Sander M. Levin (D-Mich) ...... $2,000 Bud Cramer (D-Ala) ...... $3,000 Fred Upton (R-Mich) ...... $2,000 *Based on FEC data downloaded 9/1/01. Philip M. Crane (R-Ill) ...... $3,000 Steve Largent (R-Okla) ...... $2,000 Jim Gibbons (R-Nev) ...... $3,000 Jim Langevin (D-R??) ...... $2,000 CONTRIBUTIONS TO THE HOUSE, Randy ‘‘Duke’’ Cunningham (R- Christopher Cox (R-Calif) ...... $2,000 1999–00* Calif) ...... $3.000 Don Young (R-Alaska) ...... $2,000 Diana Degette (D-Colo) ...... $3,000 Douglas A. Ose (R-Calif) ...... $2,000 Name Total* Elton Gallegly (R-Calif) ...... $3,000 Richard E. Neal (D-Mass) ...... $2,000 Vito J. Fossella (R-NY) ...... $3,000 Donald L. Sherwood (R-Pa) ...... $1,500 Jay Inslee (D-Wash) ...... $131,600 Ron Kind (D-Wis) ...... $3,000 Pete Sessions (R-Texas) ...... $1,500 Brian Baird (D-Wash) ...... $39,900 John Shadegg (R-Ariz) ...... $3,000 Greg Ganske (R-Iowa) ...... $1,500 Rick Larsen (D-Wash) ...... $35,600 Edward Whitfield (R-Ky) ...... $3,000 Robert L. Ehrlich Jr (R-Md) ...... $1,500 Adam Smith (D-Wash) ...... $31,750 Edolphus Towns (D-NY) ...... $3,000 Vernon J. Ehlers (R-Mich) ...... $1,500 Jennifer Dunn (R-Wash) ...... $15,450 Bennie Thompson (D-Miss) ...... $3.000 John E. Sununu (R-NH) ...... $1,500 Cal Dooley (D-Calif) ...... $12,500 Bill Thomas (R-Calif) ...... $3,000 Jo Ann Davis (R-Va) ...... $1,500 Robert W. Goodlatte (R-Va) ...... $11,750 W. J. ‘‘Billy’’ Tauzin (R-La) ...... $3,000 Barney Frank (D-Mass) ...... $1.500 George Nethercutt (R-Wash) ...... $10,000 John Tanner (D-Tenn) ...... $3,000 Ander Crenshaw (R-Fla) ...... $1,500 Richard ‘‘Doc’’ Hastings (R-Wash) $9,500 E. Clay Shaw Jr (R-Fla) ...... $3,000 C. L. ‘‘Butch’’ Otter (R-Idaho) ...... $1,500 Norm Dicks (D-Wash) ...... $7,500 Lindsey Graham (R-SC) ...... $2,750 Greg Walden (R-Ore) ...... $1,500 Ellen O. Tauscher (D-Calif) ...... $7,500 F. James Sensenbrenner Jr (R- Henry Brown (R-SC) 51,500. Anna G. Eshoo (D-Calif) ...... $7,000 Wis) ...... $2,749 Michael G. Oxley (R-Ohio) ...... $1,SO0 Roy Blunt (R-Mo) ...... $7,000 Xavier Becerra (D-Calif) ...... $2.500 Charles Bass (R-NH) ...... $1,500 Charles B. Rangel (D-NY) ...... $7,000 Harold Rogers (R-Ky) ...... $2,500 Charlie Norwood (R-Ga) ...... $1,500 Barbara Cubin (R-Wyo) ...... $6,500 Melvin Watt (D-NC) ...... $2.500 Rush D. Holt (D-NJ) ...... $1,500 Robert T. Matsui (D-Calif) ...... $6,500 Jim Davis (D-Fla) ...... $2,500 Jim Ryun (R-Kan) ...... 51.500 James P. Moran (D-Va) ...... $6,500 Cliff Stearns (R-Fla) ...... $2,500 Amo Houghton (R-NY) ...... $1.500 Steve Chabot (R-Ohio) ...... $6,000 Darrell Issa (R-Calif) ...... $2,500 Scott Mc??nnis (R-Colo) ...... $500 Martin Frost (D-Texas) ...... $6,000 Mike Honda (D-Calif) ...... $2,500 J. D. Hayworth (R-Ariz) ...... $1.500 Dick Armey (R-Texas) ...... $5,000 Kenny Hulshof (R-Mo) ...... $2,500 Loretta Sanchez (D-Calif) ...... 51,500 John T. Doolittle (R-Calif) ...... $5,000 Tom Sawyer (D-Oh(o) ...... $2,500 iron Paul (R-Texas) ...... 51,250 Tom DeLay (R-Texas) ...... $5,000 Porter J. Goss (R-Fla) ...... $2,500 Saxby Chambliss (R-Ga) ...... 51,000 Richard A. Gephardt (D-Mo) ...... $5,000 Sam Farr (D-Calif) ...... $2,500 Edward J. Markey (D-Mass) ...... $1.000 Bart Gordon (D-Tenn) ...... $5,000 Melissa A. Hart (R-Pa) ...... $2,500 Dan Burton (R-Ind) ...... $1,000 John Conyers Jr (D-Mich) ...... $5,000 Constance A, Morella (R-Md) ...... $2,500 Jim Ramstad (R-Minn) ...... $1.000 Carolyn McCarthy (D-NY) ...... $5,000 Dennis Hastert (R-Ill) ...... $2,500 Ken Lucas (D-Ky) ...... $1,000 Zoe Lofgren (D-Calif) ...... $5,000 C. W. Bill Young (R-Fla) ...... $2,500 Eric Cantor (R-Va) ...... $1.000 Ed Bryant (R-Term) ...... $5,000 Gene Green (D-Texas) ...... $2,000 Maxine Waters (D-Calif) ...... $1,000 Thomas M. Davis Ill (R-Va) ...... $4,500 Ric Keller (R-Fla) ...... $2,000 Deborah Pryce (R-Ohio) ...... $1,000 John D. Dingell (D-Mich) ...... $4,500 Robert Adernolt (R-Ala) ...... $2,000 John Lewis (D-Ga) ...... $1,000
VerDate 11
CONTRIBUTIONS TO THE HOUSE, SEARCH 2000, $800 1999–00*—Continued CRITERIA: MASTERS, JERRY R, Bush, George, O Sort by Name WOODINVILLE, WA, MICROSOFT, 8/4/ Donor name: (all contributors) 1999, $500, W, I, 98072 Name Total* Donor zip code: (any zip) (,—) Sort by Date Bush, George, Donor employer/occupation: Microsoft JORGENSEN, ERIK M, MICROSOFT, 7/16/ Todd Akin (R-Mo) ...... 51,000 Election cycle(s): 2000 Sort by Amount 1999, $500 W; SEATTLE, WA 98101, William ‘‘Lacy’’ Clay (D-Mo) ...... $1,000 Jerry Lewis (R-Calif) ...... 51,000 J Change Sort Order Bush George Iledna Ros-Lehtinen (R-Fla) ...... $1,000 Start another search HERBOLD, ROBERTJ, MICROSOFT CORP, 7/ Mark Udall (D-Colo) ...... $1.000 Records I—49: 14/1999, $500 W; BELLEVUE, WA 98015 Jim Turner (D-Texas) ...... $1.000 Contributor Occupation Date Amount WOODINVILLE, WA, MICROSOFT CORP, 7/ Brad Carson (D-Okla) ...... $1,000 Recipient Bush, George 27/1999, $500 Bush George, 98072 Roger Wicker (R-Miss) ...... $1,000 EISLER, CRAIG, REDMOND, WA 98053, BERENSON, HAROLD & BUSH GEORGE, MR Thomas M. Barrett (D-Wis) ...... $1,000 MICROSOFT, 7/14/1999 $2,000 W MICROSOFT CORP./ENGINEER, 1/20/ John P. Murtha (D-Pa) ...... $1,000 MATHEWS, MICHELLE J, MICROSOFT 2000, $500 W, WOODINVILLE, WA, Albert R. Wynn (D-Md) ...... $1,000 CORP 7/22/1999 $2,000 Bush, George, 98072, I Mike Pence (R-Ind) ...... $1,000 BELLEVUE, WA 98004 HERBOLD, ROBERT J, MICROSOFT CORP./ Frank R. Wolf (R-Va) ...... $1,000 PETERS, G CHRISTOPHER, MICROSOFT EXECUTIVE VP & I Bush, George MR Jack Quinn (R-NY) ...... $1,000 CORPORATION, 7/14/1999, $2,000 CO0, 1/12/2000, $5O0, I, w David E. Price (D-NC) ...... $1,000 Bush, George W MEDINA, WA 98039 BELLEVUE, WA 98015, SHAUGHNESSY, Leonard L. Boswell (D-Iowa) ...... $1,000 FERNANDEZ, ROLAND L MR, Bush, George MICROSOFT CORP./ Henry Bonilla (R-Texas) ...... $1,000 WOODINVILLE, WA, 98072, PRODUCT & 7/14/2000, $500 W Karen McCarthy (D-Mo) ...... $1,000 MICROSOFT CORPORATION/ WILLIAM T MR, BUSINESS, REDMOND, Mike Ross (D-Ark) ...... $1,000 ENGINEER, 2/29/2000, 52,000 Bush, WA 98052, Bush, George, Sue Myrick (R-NC) ...... $1,000 George W. SHAUGHNESSY, MICROSOFT CORP./ Bob Ney (R-Ohio) ...... $1,000 BRESEMANN, JOHN K MR, MICROSOFT/ PRODUCT & 2/29/2000, $500 W James A. Barcia (D-Mich) ...... $1,000 SOFTWARE ENGINEER, 10/12/2000, WILLIAM T, MR BUSINESS, REDMOND, Marion Berry (D-Ark) ...... $1,000 $2,000 Bush, George W, REDMOND, WA WA 98052 Bill Jenkins (R-Term) ...... $1,000 98053 KESTER, CHARLES G, MR MICROSOFT Lamar Smith (R-Texas) ...... $1,000 NIELSEN, TOD MR, MICROSOFT/VICE CORP./TEAM MANAGER, 3/8/2000, Vic Snyder (D-Ark) ...... $1,000 PRESIDENT, 12/27/1999, $2,000 George $500 Bush, George, LAKE FOREST Jo Ann Emerson (R-Mo) ...... $1,000 W. Bush, REDMOND, WA 98053 PARK, W, WA 98155 Baron P. Hill (D-Ind) ...... $1,000 SIMONYI, CHARLES DR, MICROSOFT, 8/ MCEACHRON, BRIAN L MICROSOFT David L. Hobson (R-Ohio) ...... $1,000 17/1999, $1,000 Bush, George W. CORPORATION, 7/14/1999, $500 ! Bush, John M. Spratt Jr (D-SC) ...... $1.000 BELLEVUE, WA 98009 George, REDWOOD, WA 98052, W Gary A. Condit (D-Calif) ...... $1.000 SHAW, GREGORY M, MICROSOFT, 7/14/ Nest set of records 2000 cycle data Jack Kingston (R-Ga) ...... $1.000 1999 51,000 Bush, George W. downloaded from FEC on November 1, 2001. Mike Ferguson (R-NJ) ...... 51.000 BELLEVUE, WA 98004, I Date of request: January 2, 2002 Lincoin Diaz-Balart (R-Fla) ...... $1.000 SAMPLE, WILLIAM J, MICROSOFT, 7/14/ WORLEY, TERENCE, PLEASANTON, CA, Lane Evans (D-Ill) ...... $1,000 1999, $1,000 Bush, George, REDMOND, MICROSOFT, 6/30/1999, $1,000 Bush, John M. Shimkus (R-Ill) ...... $1,000 WA 98053 George W, 94566, Bush, George Bart Stupak (D-Mich) ...... 51,000 MICROSOFT DAVID, MICROSOFT, 7/14/ SPIX, GEORGE A, MICROSOFT CORP, 7/14/ Nancy Pelosi (D-Calif) ...... $1,000 1999 $1,000 Bushs’ George, SEATTLE, 1999, $1,000 W, REDMOND, WA 98052 John Thune (R-SD) ...... 51.000 WA 98112 SANDERSON, JEFFREY, P, MICROSOFT Frank Pallone Jr (D-NJ) ...... $1,000 KOSS, MICHAEL C, MICROSOFT, 7/14/ CORP, 8/12/1999, $1,000, Bush, George :Charlie Gonzalez (D-Texas) ...... 51,000 1999, $1,000 W, BOTHELL, WA 98052 W, BELLEVUE. WA 98004 Marge Roukema (R-NJ) ...... 51,000 EMANUELS, BRIAN D, Bush, George, PIMENTEL, ALBERT, Bush, George, MONTE Peter Deutsch (D-Fla) ...... 51,000 MERCER ISLAND, WA 98040, SERENO, CA, MICROSOFT CORP, 7/8/ John Culberson (R-Texas) ...... $1,000 MICROSOFT, 8/17/1999, $1,000 1999, $1,000, W, 95030 Lucille Roybal-Allard (D-Calif) ...... $1,000 BRUNTON, DEBORAH, MICROSOFT, 7/21/ MURPHY, R BARRY, MICROSOFT CORP, 7/ David R. Obey (D-Wis) ...... $1,000 1999, 51,000 Bush, George, KIRKLAND, 13/1999, $1,000 Bush, George, Brian D. Kerns (R-Ind) ...... $1.000 WA 98033 REDMOND, WA 98052 W Sam Johnson (R-Texas) ...... $1.000 HURLBUT, CLARK K, MICROSOFT, 6/24/ HARTNECK, RALF, MICROSOFT CORP, 8/ Jim Nussle (R-Iowa) ...... $1.000 1999, 51,000 Bush, George, RENO, NV 11/1999, $1,000 Bush, George, Nathan Deal (R-GB) ...... $1,000 89511 SEATTLE, WA 98144 W John L. Mica (R-FIB) ...... $500 FLAAT, CHRISTOPHER, MICROSOFT, 3/31/ FIRMAN, THOMAS R, MICROSOFT CORP, Paul E. Gillmor (R-Ohio) ...... $500’’ 1999, 51,000 W-s George, BELLEVUE. 7/14/1999, $1,000 Bush, George, Lynn Woolsey (D-Calif) ...... $500 WA 98007 BELLEVUE, WA 98005, W Max Sandlin (D-Texas) ...... $500 SPENCER, WILLIAM A, MICROSOFT/ ASHMUN, D STUART, MICROSOFT CORP Wally Herger (R-Calif) ...... $500 MARKETING MANAGER, 11/8/1999 8/10/1999, $1,000 W, SEATTLE, WA Sanford D. Bishop Jr (D-Ga) ...... $500 $1,000 Bush, George REDMOND, WA 98177 Robert Wexler (D-FIB) ...... $500 98052 BERENSON, HAROLD, Bush, George, MR Anthony Weiner (D-NY) ...... $500 MR BRYAN WILLMAN, MICROSOFT/ MICROSOFT CORP./ENGINEER, 6/15/ John H. Isakson (R-Ga) ...... 5500 PROGRAMMER, 3/7/2000 $1,000 W, 2000, $1,000 W, WOODINVILLE, WA Dave Camp (R-Mich) ...... 5500 KIRKLAND, WA 98034 98072 Benjamin L. Cardin (D-Md) ...... $500 MR WOODRUFF, BRYAN A, MICROSOFT/ HARTENECK, RALF MR, MICROSOFT Eva Clayton (D-NC) ...... $500 SOFTWARE DESIGN ENGINEER, 2/29/ CORP./VICE PRESIDENT, 5/11/2000, Joseph Crowley (D-NY) ...... $500 2000, $1,000 Bush, George W, $1,000 Bush, George, SEATTLE, WA Brad Sherman (D-Calif) ...... $500 REDMOND, WA 98053 98144 W Peter T. King (R-NY) ...... 5500 WORLEY, TERENCE MR, PLEASANTON, CA BOYLE, MICHAEL P, MICROSOFT Lloyd Doggett (D-Texas) ...... 500 94566, MICROSOFT/SOFTWARE, CORPORATION, 7/21/1999, $1,000 David Wu (D-Ore) ...... 5250 ENGINEER, 5/17/2000, $1,000 Bush, Bush, George, BELLEVUE, WA 98005, W George W DERMODY, CHARLES W, MR MICROSOFT *Based on FEC data downloaded 9/1/01. BARON WERNER MR, MICROSOFT, Bush, CORPORATION/ENGINEER, 6/26/2000, Results: Presidential Donors Search George, REDMOND, WA 98052, I, $1.000 Bush, George, w, REDMOND, 75 records found in .0g seconds. CORPORATION/MARKETING, 2/28/ WA 98052
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PIMENTEL, ALBERT, MR MICROSOFT, CORP/ENGINEER, Bush 6/28/1999 $1,0,0C MONTE SERENO, CA, 7/31/2000, $1,000 LINDELL, STEVE MR, 10/11/2000, $250, 9/29/1999 $1,000 Bush, George, CORPORATION/ BELLEVUE, WA, George W j98008 12/9/1999 $I,00* EXECUTIVE, W, !95030 WARD, I MR JAMES I, CHARLOTTE, NC, 2/9/2000 $1,006 SHERWOOD, DAVID E, Bush, George, MICROSOFT CORPORATION/ 5/12/2000 $1,000 WOODINVILLE, WA, MICROSOFT/ TECHNICAL MAN, 3/8/2000, $250 Bush, 6/20/2000 $1,00C ATTORNEY, 6/8/2000, $1,000 W, ! 28270, George W 9/712000 $1,00C 98072 REMALA, RAO V, Bush, WOODINVILLE, Oracle Corp $1,000 BLANKENBURG, ERIC P, Bush, George, MR WA, MICROSOFT INC, 9/30/1999, $250 Storage Technology Corp $1,000 MICROSOFT/CONSULTANT, 2/24/ !98072, George W Sun Microsystems $2,000 2000, $1,000, W, ! CARNATION, WA WURDEN, $250 Bush, FREDERICK L MR, Technology Network 98014 MICROSOFT/MANAGER, 2/29/2000, Federal PAC HERBOLD, ROBERT J, MR MICROSOFT/ REDMOND, WA, jGeorge W, J98053, I Construction COO, 11/22/1999 $1,000, Bush. George NIXON, TOBY L MR, KIRKLAND, WA, Defense W, BELLEVUE, WA 98005 MICROSOFT/MANAGER, 4/13/2000, Energy/NatResource MASTERS, JERRY R MR, Bush, George, $200 J Bush, 98034, J George W Finance/Insur/RealEst WOODINVILLE, WA, MICROSOFT/ MASTERS, JERRY R, MR MICROSOFT/ Health FINANCE, 7/31/2000, $1,000, FINANCE, 9/18/2000, ¥$500 Bush, Lawyers 8, Lobbyists W, 98072 WOODINVILLE, WA :George W, 198072 Transportation SANDERSON. JEFFREY, Bush, George, P, EISLER, CRAIG, Misc Business MR, MICROSOFT/MARKETING, 5/17/ Bush, REDMOND, WA, MICROSOFT, 8/4/ Labor 2000, $1,000, W, ‘BELLEVUE, WA, 1999, ¥$1,000, 98053, George W Ideology/Single-Issue 98004, MATHEWS, MICHELLE J, MICROSOFT Other MATHEWS, MICHELLE, Bush, George, CORP, 8/12/1999, ¥$1,000, Bush, Unknown !MRS, MICROSOFT/MARKETING, 5/17/ BELLEVUE, WA, George W, 98004 $2,00C 2000, $1,000, W, BELLEVUE, WA, 98004 BERENSON, HAROLD MR Bush, $3,00(; DOUGLAS, DEDO, MR’ MICROSOFT/ MICROSOFT CORP., 8/1/2000, ¥$1,000, $123,00C MARKETING, MANAGER, 3/30/2000, WOODINVlLLE, WA, George W, 98072 $17,000 $1,000, Bush, George, REDMOND, WA, PETERS, G CHRISTOPHER Bush, $210,550 98053, W, MICROSOFT CORPORATION, 8/18/ $329,208 SEARCH, CRITERIA: 1999, ¥$1,000 MEDINA, WA, George W, $140,00(; Donor name: (all contributors) 98039 $69,023 Donor zip, code: (any zip) FERNANDEZ, ROLANDLMR, Bush, $2O9,O5(; Donor employer/occupation: Microsoft MICROSOFT CORPORATION/ $304,666 ¥ Election cycle(s): 2000 ENGINEER, 4/21/2000, $1,000, $9,000 $251,89C I $1,10C $1,00 BRIAN, MCEACHRON, I Bush, MICROSOFT, WOODINVILLE, WA,George W, 98072 Contributor, Occupation, Date, Amount, CORPORATION, 4/14/1999, $500, BRESEMANN, JOHN, ] Bush, REDMOND, Recipient George, W, J!REDWOOD’, WA 198052, MR WA MICROSOFT/SOFTWARE MICROSOFT ENGINEER, 11/6/2000, ¥$1,000, George PEASE, MATTHEW, Bush, M MICROSOFT WASHINGTON, DC, 4/16/2001, $15,000, INC, 9/30/1999, $500, George, W, W 98053 NIELSEN, TOD MR J, REDMOND, WA, DNC/Non-Federal Corporate 20036 WALNUT, CREEK, CA 94595 612712000, $100,000, RNC/Repub National KELLY, JOHN, MR, Bush, KIRKLAND, WA, MICROSOFT/VICEPRESIDENT, :2/2/ 2000, ¥$1,000, Bush, t George W, 98053 State, REDMOND, WA 98052 Elections MICROSOFT/ATTORNEY, 2/29/2000, Crate $500, 98033, George, W 2000 cycle data downloaded from FEC on November 1, 2001. Date of request: January 3/31/2000, $55,000, NRSC/Non-Federal, NIELSEN, TOD, MR, Bush, REDMOND, WA, REDMOND, WA 98052 MICROSOFT/DEVELOPING/ 2, 2002 Opensecrets.org—PAC Contributions to John RNC/Repub National State 1/6/2000, MARKETING, 12/23/1999, 5500, George, $35,000, Elections Crate, REDMOND, _ Ashcroft (R) W .98 53o, WA 98052 RAVANI, ANTHONY, Bush, MR THE CENTER FOR RESPONSIVE POLITICS i6/30/2000, $5,000, Ashcroft Victory Cmte MICROSOFT/EXECUTIVE, 2/29/2000, 2000 CYCLE I 2002 CYCLE Non-Federal REDMOND, WA 98052 $500, George, W John Ashcroft (R) 1999–2000 PAC WASHINGTON, DC 20036 7/29/1999, NIXON, TOBY, L, MR, KIRKLAND, WA, Contributions: $2,025,323 $5,000, DNC/Non-Federal Corporate MICROSOFT/MANAGER, 2/29/2000, Based on data released by the FEC on RNC/Repub National State 1011712001, S500, Bush, George, W, 98034 Thursday, November 01, 2001. $25,000, Elections Crate, REDMOND, YANG, LIANMR, WOODINVILLE, WA, Agribusiness $154,937 WA 98052 MICROSOFT/SOFTWARE, DESIGN Communic/Electronics $204,899 RNC/Repub National State, 10/13/2000, ENGINEER, 112412000, $500, Bush, I $25,000, Elections Cmte, REDMOND, George, W, 98072 Printing & Publishing $27,000 WA 98052 JAKSTADT, ERIC, MR, Bush, 1–V/Movies/Music $47,499 RNC/Repub National State, 611612000, WOODINVlLLE, WA, MICROSOFT/ Telephone Utilities $60,450 $25,000, Elections Cmte, REDMOND, SOFTWARE DEVELOPER, 3/7/2000, Telecom Services & Equipment $26,450 WA 98052 $500, George, W, 98072 ....., I, I Electronics Mfg & Services $6,000 RNC/Cmte to Preserve, 4/12/2000, $5,000, JAKSTADT, ERIC J, MR MICROSOFT/ Computer Equipment & Services $37,500 Eisenhower Ctr, REDMOND, WA 98052 SOFTWARE DEVELOPER, I, 1/31/2000, 3 Corn Corp $1,000 RNC/Repub National State, 5/5/1999, $500, Bush, WOODINVILLE, WA, George Amazon.com $1,000 $25,000, Elections Crate, REDMOND, W, 98072 AmericaOnline $5,000 WA 98052 GREGG, DIANNE L, ‘Bush, SUDBURY, MA, Cable & Wireless USA $1,000 WASHINGTON, DC 20036, 12/31/1999 MICROSOFT INC, 9/14/1999, $400, Ceridian Corp $2,00C $45,000 NRSC/Non-Federal George, W, 01776 Compaq Computer $1,000 12/31/1999, $32,500, DCCC/Non-Federal HOKE, STEVE J, :Bush, tKIRKLAND, WA, Computer Sciences Corp $2,00,(2 Account 1, REDMOND, WA 98052 MICROSOFT, 6/30/1999, $300, George EDS Corp $1,00c 10/13/2000, $20,000, RNC/Repub National W, 98034 I Gateway Inc $4,50C State, REDMOND, WA 98052 Elections !HARRISON, Bush, ARTHUR, B, MR Intel Corp $3,00C Crate MICROSOFT/SOFTWARE ENGINEER, t, Microsoft Corp $9,00C WASHINGTON, DC 20036, 8/10/2000, 2/29/2000, $300 I, George W, 3/2/1999 $1,00C $15,000, DNC/Non-Federal Corporate CHARLOTTE, NC 28277, MICROSOFT 6/16/1999 $1,00C WASHINGTON, DC 20036, 813111999,
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$15,000, DNC/Non-Federal Corporate 98052 RNC/Repub National, 2/1612000, $40,000, REDMOND, WA 98052, 51611999, $15,000, 3/30/2001, $50,000, DSCC/Non-Federal State Elections Crate, REDMOND, WA DNC/Non-Federal Corporate Corporate, REDMOND, WA 98052 98052 613011999, $15,000, DNC/Non-Federal 2000 cycle data downloaded from FEC on NRCC/Non-Federal, 6/30/2000, $22,500 Corporate, REDMOND, WA 98052 November 1, 2001. Account, WASHINGTON, DC 20036 RNC/Repub National State, 12/17/1999, 2002 cycle data downloaded from FEC on DCCC/Non-Federal, 4/17/2000, $15,000, $15,000, Elections Crate, REDMOND, January 1, 2002. Date of request: January 20, Account 1, REDMOND, WA 98052 WA 98052 2002. NRCC/Non-Federal, 6/30/2000, $20,000 9/23/1999, $10,000, DCCC/Non-Federal http://www.opensecrets.org/indivs/cgi- Account WASHINGTON, DC 20036 Account 1, REDMOND, WA 98052 win/indivs.exe 4/21/2000, $453, NRSC/Non-Federal, 1012011999, $10,000, DCCC/Non-Federal DSCC/Non-Federal, REDMOND, WA 98052, REDMOND, WA 98052 Account 1, REDMOND, WA 98052 61812001, $50,000, Corporate I NRCC/Non-Federal, 3/27/2000, $15,000 I 3110/1999, $10,000, DCCC/Non-Federal NRCC/Non-Federal, WASHINGTON, DC Account, WASHINGTON, DC 20036 Account 1, REDMOND, WA 98052 20036, 6/16/1999, $350, Account NRCC/Non-Federal, WASHINGTON, DC RNC/Repub National State, 31612001, DSCC/Non-Federal, REDMOND, WA 98052, 20036 3/23/1999, $15,000 Account $5,000, Elections Cmte, REDMOND, WA 10/20/2000, $60,000, Corporate 5/24/2000, $8,985, 2000 Republican HIS, 98052 NRCC/Non-Federal, WASHINGTON, DC REDMOND, WA 98052, Dinner Trust RNC/Repub National State, 12/16/1999, 20036, 3/30/2000 $35,000, Account Non-Fed $10,000 Elections Crate, REDMOND, WA REDMOND, WA 98052, 4/11/2000, $33,690, DSCC/Non-Federal, 12/31/1999, $500 Mixed 98052 NRSC/Non-Federal REDMOND, WA 98052 RNC/Repub National State, 7/29/1999, 4/4/2000, $30,000, 2000 Republican HIS, NRCC/Non-Federal, 3/23/1999, $7,500 $10,000, Elections Cmte, REDMOND, REDMOND, WA 98052, Dinner Trust Account, WASHINGTON, DC 20036 WA 98052 Non-Fed DCCC/Non-Federal, 2/29/2000, $10,000, RNC/Repub National State, 13112001, 1999 Republican S/H, 7/26/1999, $30,000, Account 1, REDMOND, WA 98052 $7,900, ‘‘Elections Crate, REDMOND, Dinner Trust Non-Fed, REDMOND, WA DSCC/Non-Federal, 6/8/2000, $250 Mixed, WA 98052 98052 REDMOND, WA 98052 1/25/2001, $10,000, RNC/Repub National REDMOND, WA 98052, 12/31/1999, $5,000, DSCC/Non-Federal, 6/8/2000, $250 Mixed, State, REDMOND, WA 98052, Elections Ashcroft Victory Cmte, Non-Federal REDMOND, WA 98052 Crate DSCC/Non-Federal, REDMOND, WA 98052, DSCC/Non-Federal, 8/24/1999, $250 Mixed, RNC/Repub National State, ‘‘2/1512001, 313012001, $2,500, Corporate WASHINGTON, DC 20036 $10’000 Elections Crate, REDMOND, WA DSCC/Non-Federal, 911311999, $5,000, NRCC/Non-Federal, 3/7/2000, $10,000 Account, WASHINGTON, DC 20036 98052 Mixed, REDMOND, WA 98052 NRCC/Non-Federal, 3/23/1999, $10,000 WASHINGTON, DC 20036, 6/27/2001, DSCC/Non-Federal, 11/29/1999, $25,000, Account, WASHINGTON, DC 20036 $10,000; DNC/Non-Federal Corporate Corporate, WASHINGTON, DC 20036 NRCC/Non-Federal, 6/25/2001, $5,000 DSCC/Non-Federal, 11/3/1999, $25,000, MICROSOFT CORP Account, WASHINGTON, DC 20005 111712001, $15,000, NRSC/Non-Federal, Corporate, REDMOND, WA 98052 NRCC/Non-Federal, 6/25/2001, $5,000 REDMOND, WA 98052 DCCC/Non-Federal, 8/2/2000, $2,500, Account, WASHINGTON, DC 20005 9/26/2001, $20,179, NRSC/Building Fund, Account 1, REDMOND, WA 98052 RNC/Repub National, 9/27/2001, $10,000, REDMOND, WA 98052 NRCC/Non-Federal, 8/30/2000, $25,000, State Elections Cmte, REDMOND, WA 3/30/2001, $50,000, NRSC/Non-Federal, Account, WASHINGTON, DC 20036 98052 REDMOND, WA 98052 NRCC/Non-Federal, 3/27/2000, $25,000, 2000 cycle data downloaded from FEC on REDMOND, WA 98052, 5/17/1999, $60,000, Account, WASHINGTON, DC 20036 November 1, 2001. NRSC/Non-Federal NRCC/Non-Federal, 10/22/1999, $25,000 2002 cycle data downloaded from FEC on RNC/Repub National State, 911412000, Account, WASHINGTON, DC 20036 January 1, 2002. Date of request: January 21, $5,831, Elections Crate, REDMOND, WA NRCC/Non-Federal, 3/23/1999, $25,000 2002 98052 Account, WASHINGTON, DC 20036 1/16/2001, $10,000, NRCC/Non-Federal WASHINGTON, DC 20036, 612812000, NRCC/Non-Federal, 6/22/2000, $2,500 Account, WASHINGTON, DC 20005 $30,000, NRSC/Non-Federal Account, WASHINGTON, DC 20036 5/11/2001, $10,000, DNC/Non-Federal, 6/712000, $321, National Abortion Rights NRCC/Non-Federal, 312311999, $2,500 Corporate RICHMOND, WA 98052 Action League, REDMOND, WA 98052 Account, WASHINGTON, DC 20036 6/18/2001, $10,000, DCCC/Non-Federal, 1012612000, $25,000, NRSC/Non-Federal 4/21/2000, $698 : NRSC/Non-Federal, Account 1, REDMOND, WA 98052 REDMOND, WA 98052 REDMOND, WA 98052 MICROSOFT CORPORATION PAC 10/26/2000, $25,000, NRSC/Non-Federal, NRCC/Non-Federal, 6/30/2000, $5,000 PAC 5/11/2001, $1,000 New Democrat REDMOND, WA 98052 Account, WASHINGTON, DC 20036 Network ARLINGTON, VA REDMOND, WA 98052, 3/30/2001, $25,000, RNC/Repub National, 111312000, $25,000’ NRSC/Non-Federal State Elections Cmte, REDMOND, WA MICROSOFT EXCEL REDMOND, WA 98052, 6/4/2001, $25,000, 98052 NRCC/Non-Federal, FAIRVIEW, NC 28730 7/ NRSC/Non-Federal DCCC/Non-Federal, 3/28/2001, $25,000 27/1999, $500, Account Account 1, REDMOND, WA 98052 REDMOND, WA 98052, 6/4/2001, $25,000, 2000 cycle data downloaded from FEC on NRCC/Non-Federal, 412412001, $100,000 NRSC/Non-Federal November 1, 2001. Account, WASHINGTON, DC 20005 REDMOND, WA 98052, 8/17/1999, $25,000, 2002 cycle data downloaded from FEC on NRCC/Non-Federal, 10/11/2000 $75,000, NRSC/Non-Federal January 1, 2002. Date of request: January 21, Account I, WASHINGTON, DC 20036 WASHINGTON, DC 20036, 8/11/2000, 2002 $50,000, NRSC/Non-Federal 4/11/2000, $51,832, NRSC/Non-Federal, WASHINGTON, DC 20036, 7/11/2000, $200, REDMOND, WA 98052 ATTACHMENT 2 NRSC/Non-Federal DCCC/Non-Federal, 3/30/2000, $56,542, The Center for Responsive Politics 1/29/2001, $202, NRSC/Non-Federal, Account 1, REDMOND, WA 98052 1101 14th St., NW * Suite 1030 REDMOND, WA 98052 DSCC/Non-Federal, REDMOND, WA 98052, Washington, DC 20005–5635 1/18/2001, $250, DSCC/Non-Federal Mixed, 6/30/2000, $50,000 Corporate (202) 857–0044 * fax (202) 857–7809 REDMOND, WA 98052 2/26/1999, $50,000, DSCC/Non-Federal, [email protected] [email protected] 2/12/2001, $250, DSCC/Non-Federal Mixed, Corporate REDMOND, VA 98073 General Inquires: ‘‘ REDMOND, WA 98052 RNC/Repub National, 10/26/1999, $50,000, [email protected] 5/23/2001, $40,000, 2001 President’s Dinner/ State Elections Crate, REDMOND, WA Media Contact: Steven Weiss Non-Fed Trust, REDMOND, WA 98052 98052 [email protected] 8/21/2001, $50,000, RNC/Repub National DSCC/Non-Federal, REDMOND, WA 98052 The Center for Responsive Politics is a State, Elections Crate, REDMOND, WA 4/17/2000, $40,000 Corporate non-partisan, non-profit research group based
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in Washington, DC that tracks money in negotiators on the other side of the table, Sherman Act that Microsoft had attempted to politics, and its effect on elections and public Microsoft agreed to a decree that goes monopolize Web browsing software; (4) a policy. The Center conducts computer-based substantially beyond what the plaintiffs were catch-all claim under section 2 that the research on campaign finance issues for the likely to achieve through litigation. Quite alleged conduct that underlay the first three news media, academics, activists, and the frankly, the PFJ is the strongest, most claims amounted to illegal maintenance of public at large. The Center’s work is aimed regulatory conduct decree ever obtained Microsoft’s monopoly in PC operating at creating a more educated voter, an (through litigation or settlement) by the systems; and (5) a claim by the plaintiff states involved citizenry, and a more responsive Department. Why then, one might ask, would (but not part of the Department’s complaint) government. Microsoft consent to such a decree? There are under section 2 that Microsoft illegally Support for the Center comes from a two reasons. ‘‘leveraged’’ its monopoly in PC operating combination of foundation grants and First. the company felt strongly that it was systems. As discovery got underway, the case individual contributions. The Center accepts important to put this matter behind it and to dramatically expanded as the plaintiffs no contributions from businesses or labor move forward constructively with its indiscriminately began identifying all unions. You can support the work of the customers, its business partners, and the manner of Microsoft conduct as examples of Center directly by contributing through government. For four years, the litigation has the company’s illegal efforts to maintain its opensecrets.org. http://www.opensecrets.org/ consumed enormous resources and been a monopoly. But then, the case began to shrink. about/index.asp serious distraction. The constant media ‘‘In response to Microsoft’s motion for ATTACHMENT 3 TO THE DECLARATION drumbeat has obscured the fact that the summary judgment, the district court OF BRIAN DAUTCH company puts a premium on adhering to its dismissed the states’’ Monopoly leveraging legal obligations and on developing and claim (claim 5). ‘‘After trial, Judge Jackson MTC–00030631 0753 maintaining excellent relationships with its held that the plaintiffs failed to prove that Statement of Charles F. (Rick) Rule partners and customers. Litigation is never a Microsoft’s arrangements with ISPs, ICPs, Fried Frank Harris Shriver & Jacobson pleasant experience, and given the and OSPs violated section 1 (claim 2). ‘‘Judge Counsel for Microsoft Corporation magnitude of this case and the media Jackson did, however, conclude that the Before the Committee on the Judiciary. attention it attracted, it is hard to imagine plaintiffs had sustained their claims that United States Senate any more costly, unpleasant civil litigation. Microsoft illegally tied IE to Windows (claim December 12, 2001 Second. while the Department pushed 1), illegally attempted to monopolize the Mr. Chairman and members of the Microsoft to make substantial, even excessive browser market (claim 3), and illegally Committee, good morning. It is a pleasure to concessions to get a settlement, there were maintained its monopoly (claim 4), basing appear before you today on behalf of limits to how far the company was willing or his decision on 35 different actions engaged Microsoft Corporation to discuss the able to go (limits, by the way, which the in by Microsoft. proposed consent decree or Revised Department and the settling states managed ‘‘In a unanimous decision of the Court of Proposed Final Judgment (the ‘‘PFJ’’) to to reach). Microsoft was fighting for an Appeals sitting en banc. the court reversed which the U.S. Department of Justice and important principle—the ability to innovate the trial court on the attempted nine of the plaintiff states have agreed. As and improve its products and services for the monopolization claim (claim 3) and this committee is aware, I am counsel to benefit of MTC–00030631—0754 consumers. remanded with instructions that judgment be Microsoft in the case and was one of the To that end, Microsoft insisted that the entered on that claim in favor of Microsoft. principal representatives for the company in decree be written in a way to allow the ‘‘The unanimous court also reversed Judge the negotiations that led to the proposed company to engage in legitimate competition Jackson’s decision with respect to the tie-in consent decree. on the merits. Despite the substantial claim (claim 1 ). The appellate court held The PFJ was signed on November 6th after burdens the decree will impose on Microsoft that. in light of the prospect of consumer more than a month of intense, around-the- and the numerous ways in which Microsoft benefit from integrating new functionality clock negotiations with the Department and will be forced to alter its conduct, the decree into platform software such as Windows. representatives of all the plaintiff states. The does preserve Microsoft’s ability to innovate, Microsoft’s integration of IE into Windows decree is currently subject to a public interest to improve its products, and to engage in had to be judged under the rule of reason review by Judge Kollar-Kotelly under the procompetitive business conduct that is rather than the per se approach taken by Tunney Act. Because we are currently in the necessary for the company to survive. Judge Jackson. midst of that review and because nine states In short, at the end of the negotiations, The Court of Appeals refused to apply the and the District of Columbia have chosen to Microsoft concluded that the very real costs per se approach because of ‘‘our qualms continue the litigation, t must be somewhat that the decree imposes on the company are about redefining the boundaries of a circumspect in my remarks. However, what outweighed by the benefits, not just to defendant’s product and the possibility of I can — indeed, must—stress is that, in light Microsoft but to the PC industry and consumer gains from simplifying the work of of the Court of Appeals’’ decision last consumers generally. applications developers [by ensuring the summer to ‘‘drastically’’ reduce the scope of The Court of Appeals’’ ‘‘Road Map’’ for ubiquitous dissemination of compatible Microsoft’s liability and in light of the legal Relief In order to evaluate the decree, one APIs].’’ The court’s decision did allow the standards for imposing injunctive relief, the must first appreciate the h/story of this case plaintiffs on remand to pursue the tie-in Department and the settling states were very and how drastically the scope of Microsoft’s claim on a rule of reason theory; however, effective in negotiating for broad, strong liability, was narrowed at the appellate level. shortly after the remand, the plaintiffs relief. As the chart in the appendix depicts, When this case began with the filing of announced they were dropping the tie-in ever since the Department and the plaintiff separate complaints by the Department and claim. states first filed their complaints in May the plaintiff states in May of 1998, it was ‘‘With respect to the only remaining claim 1998, the case has been shrinking. What focused on Microsoft’s integration of (monopoly maintenance—claim 4), the Court began with five claims, was whittled down browsing functionality, called Internet of Appeals affirmed in part and reversed in to a single monopoly maintenance claim by Explorer or lie into Windows 98, which the part the lower court and substantially shrank a unanimous Court of Appeals. Even with plaintiffs alleged to be an illegal tying Microsoft’s liability. After articulating a four- respect to that surviving claim, the appellate arrangement. step burden-shifting test that is highly fact court affirmed Judge Jackson’s findings on The complaints of the Department and the intensive, the appellate court reviewed the 35 only about a third (12 of 35) of the specific states included five separate claims: (1) a different factual bases for liability and acts which the district court had found claim under section 1 of the Sherman Act rejected nearly two-thirds of them. e In the support that claim. that the tie-in was per se illegal; (2) another case of seven of those 35 findings Given that history and the law, there is no claim under section 1 that certain promotion (concerning such conduct as Microsoft’s reasonable argument that the PFJ is too and distribution agreements with Internet refusal to allow OEMs to replace the narrow or that it fails to achieve all the relief service providers (ISPs), Internet content Windows desktop, Microsoft’s design of to which the Department was entitled. In providers (ICPs), and on-line service Windows to ‘‘override the user’s choice of a fact. as these remarks explain. the opposite providers (OSPs) constituted illegal exclusive default browser,’’ and Microsoft’s is true—faced with rough, determined dealing; (3) a claim under section 2 of the development of a Java virtual machine (JVM)
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that was incompatible with Sun’s JVM), the also stated that ‘‘Microsoft argues that some negotiate for their adherence to them. appellate court specifically reversed Judge of the terms of the former judgment are no Taxpayers and consumers can be proud that Jackson’s decision. c The Court of Appeals longer appropriate, and that is correct. I think their interests were represented by honorable dismissed sixteen of the remaining findings there are certain portions where the liability men and women with the utmost respect for by reversing Judge Jackson’s holding that has been narrowed.’’ the rule of law. For others to insinuate that. Microsoft had engaged in a general ‘‘course Before discussing the negotiations and the by agreeing to a decree that honors these of conduct’’ that amounted to illegal decree itself, I would like to make three other three fundamental principles, the monopoly maintenance—the so-called points about the crafting of antitrust remedies Department and the settling states ‘‘caved’’ or ‘‘monopoly broth’’ theory. that also are relevant to considering the relief settled for inadequate relief is as offensive as * With respect to the remaining twelve to which the plaintiffs were entitled. First, it is laudable. findings (concerning such things as the critics of the PFJ routinely ignore the fact The Negotiations Microsoft’s refusal to allow PC manufacturers that the Department has long acknowledged It is against the background I have sketched (OEMs) to remove end-user access to IE, that Microsoft lawfully acquired its that. on September 27th, Judge Kollar-Kotelly Microsoft’s exclusive arrangements with monopoly position in PC operating systems. ordered the parties into intensive, ‘‘around ISPs, and its ‘‘commingling’’ of software code Indeed, the Department retained a Nobel the clock’’ negotiations. Microsoft had to frustrate OEMs ability, to hide access to laureate in the first Microsoft case in 1994 to already indicated publicly its strong desire to IE), the court did affirm Judge Jackson’s submit an affidavit to the district court try to settle the case, and so it welcomed the findings as not being ‘‘clearly erroneous.’’ opining that Microsoft had reached its judge’s order. As has been widely reported, And even as to those twelve, a number were position in PC operating systems through all the parties in the case took the court’s practices—for example, the arrangements luck, skill, and foresight. It is tree of course order very seriously. Microsoft assembled in with ISPs— that Microsoft had already that Microsoft has now been found liable for Washington, DC, a core team of in-house and ceased. engaging in conduct that amounted to illegal outside lawyers who have been living with As a result, when the case was remanded efforts to maintain that position: however, this case for years, and who spent virtually to the district court and reassigned to Judge there is precious little in the record all of the next five weeks camped out in my Kollar-Kotelly, four-fifths of the original establishing any causal link between the offices down the street. claims were all but gone. With respect to the twelve illegal acts of ‘‘monopoly Microsoft’s top legal officer was in town sole surviving claim, nearly two-thirds of the maintenance’’ and Microsoft’s current during much of the period directing the supporting findings had been rejected by the position in the market for PC operating negotiations. Back in Redmond, the Court of Appeals. In the words of the Court systems. Thus, contrary. to the critics’’ company’s most senior executives devoted a of Appeals, its decision ‘‘drastically altered overheated rhetoric, there is no basis for great deal of time and energy to the process, the scope of Microsoft’s liability.’’ relief designed to terminate an ‘‘illegal and we were all supported by a large group The Relevance of the Drastic Narrowing of monopoly.’’ of dedicated lawyers, businesspeople, and Liability Second, decrees in civil antitrust cases are staff. The Court of Appeals’’ decision makes designed to remedy, not to punish. All too From my vantage point, the Department clear the critical significance of the drastic often, the critics of this decree speak as and the states (at least those that settled) reduction in the scope of Microsoft’s liability though Microsoft was convicted of a crime. made an equivalent effort. As the mediator v, in terms of the relief to which the plaintiffs It was not. This is a civil case, subject to the Tote after the process ended, ‘‘No part’’ was are entitled. As the court noted in instructing rules of civil rather than criminal procedure. left out of the negotiations .... Throughout the lower court on how the remand for To the extent the plaintiffs tried to get relief most of the mediation the 19 states (through remedy should be handled. ‘‘A court.., must that could be deemed punitive, that relief their executive committee representatives) base its relief on some clear ‘‘indication of a would have been rejected. and the federal government (through the staff significant causal connection between the Third, a decree must serve the purposes of of the antitrust division) worked as a conduct enjoined or mandated and the the antitrust laws, which is a ‘‘consumer combined ‘‘plaintiffs’’ team.’’ Jay Himes from violation found directed toward the remedial welfare prescription.’’ I realize we are in the the office of the New York Attorney General goal intended.’’ 3 PHILLIP E. AREEDA & ‘‘season of giving,’’ but an antitrust decree is Eliot Spitzer and Beth Finnerty from the HERBERT HOVENKAMP, ANTITRUST LAW not a Christmas tree to fulfill the wishes of office of the Ohio Attorney General Betty 653(b), at 91- .92 (1996). In a case such as the competitors, particularly where that Montgomery, represented the states one before us where sweeping equitable relief fulfillment comes at the expense of consumer throughout the negotiations, putting in the is employed to remedy multiple violations, welfare. Calls for royalty-free licensing of same long hours as the rest of us. At various and some—indeed most—of the findings of Microsoft’s intellectual property, or for points Mr. Himes and Ms. Finnerty were remedial violations do not withstand imposing obligations on Microsoft to joined by representatives from other states, appellate scrutiny, it is necessary to vacate distribute third party, software at no charge, including Kevin O’Connor from the office of the remedy decree since the implicit findings or for Microsoft to facilitate the distribution Wisconsin Attorney General James Doyle. of causal connection no longer exist to of an infinite variety of bastardized versions The negotiations began on September 28th warrant our deferential affirmance .... In of Windows (and make sure they all run and continued virtually non-stop until particular, the [district] court should perfectly) are great for a small group of November 6th. During the first two weeks, consider which of the decree’s conduct competitors who know that such provisions we negotiated without the benefit of a restrictions remain viable in light of our will quickly destroy Microsoft’s incentives mediator. As theb’’ say in diplomatic circles, modification of the original liability and ability to compete (not to mention the discussions were ‘‘full and frank.’’ The decision.’’ violate the Constitution’s proscription against Department lawyers and the state At the time Judge Kollar-Kotelly ordered ‘‘takings’’). Such calls, however, are representatives in the negotiation were the parties into intensive negotiations, she anathema to consumers’’ interests in a extremely knowledgeable, diligent, and clearly recognized the importance of the dynamic, innovative computer industry. formidable. drastic alteration to the scope of Microsoft’s Twenty. years ago, my old boss and antitrust Microsoft certainly hoped to be able to liability. The judge informed the government icon, Bill Baxter, warned about the reach a settlement quickly and before a that its ‘‘first and most obvious task is going anticompetitive consequences of antitrust mediator was designated. However, the views to be to determine which portions of the decrees designed simply to ‘‘add sand to the on all sides were sufficiently strong and the former judgment remain appropriate in light saddlebags’’ of a particularly fleet competitor need to pay attention to every sentence, of the appellate court’s ruling and which like Microsoft. it’s a warning the courts phrase, and punctuation mark so portions are unsupported following the would certainly heed today. overwhelming that reaching agreement appellate court’s narrowing of liability.’’ The To their credit, the negotiators for the proved impossible in those first two weeks. judge went on to note that ‘‘the scope of any Department and the settling states Eric Green. a prominent mediation specialist, proposed remedy must be carefully crafted so understood these three fundamental antitrust was appointed by the court and with the help as to ensure that the enjoining conduct falls principles. While we may have had to of Jonathan Marks spent the next three weeks within the [penumbra] of behavior which remind the other side of these principles helping the parties find common ground. As was found to be anticompetitive.’’ The judge from time to time. we did not have to Professor Green and Mr. Marks wrote after
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the mediation ended, ‘‘Successful mediations with the decree without constantly software into the decree. This sweeping are ones in which mediators and parties work engendering disputes with the Department. definition of middleware is significant to identity and overcome barriers to reaching This is an area of complex technology and because of the substantial obligations it agreement. Successful mediations are ones in the decree terms on which the Department imposes on Microsoft. Those obligations—a which all the parties engage in reasoned insisted entailed a degree of technical number of which lack any correspondence to discussions of issues that divide them, of sophistication that is unprecedented in an the monopoly maintenance findings that options for settlement, and of the risks. antitrust decree. Drafting to these survived appellate review—are intended to opportunities, and costs that each part), faces specifications was not easy, but the resulting create protections for all the vendors of if a settlement isn’t reached. Successful PFJ is infinitely clearer and easier to software that fits within the middleware mediations are ones in which, settle or not. administer than the conduct provisions of the definition. Taken together, the decree senior representatives of each party have decree that Judge Jackson imposed in June provisions provide the following protections made informed and intelligent decisions. The 2000. and opportunities: ‘‘Relations with Computer Microsoft mediation was successful.’’ If, as one might suspect would be the Makers. Microsoft has agreed not to retaliate Working day and night virtually until the outcome in a case such as this, the PFJ were against computer makers who ship software original .November 2 deadline set by the written to proscribe only the twelve practices that competes with anything in its Windows judge. Microsoft and the Department agreed affirmed by the Court of Appeals, the decree operating system. ‘‘Computer Maker to and signed a decree early on November 2. would be much shorter and simpler. The Flexibility. Microsoft has agreed to grant The representatives of the states also Department and settling states, however, computer makers broad new rights to tentatively agreed, subject to an opportunity insisted that the decree go beyond just configure Windows so as to promote non- from November 2 until November 6 to comer focused prohibitions to create much more Microsoft software programs that compete with the other states that were more removed general protections for a potentially large with features of Windows. Computer makers from the case and negotiations. During that category of software, which the PFJ calls will now be free to remove the means by period, the states requested several clarifying ‘‘middleware.’’ But even these expansive which consumers access important features modifications to which Microsoft (and the provisions to foster middleware competition of Windows, such as Internet Explorer, Departmet) agreed. From press reports, it were not sufficient to induce the Department Windows Media Player, and Windows appears that during this period the plaintiff and the states to settle; rather, the?’’ insisted Messenger. Notwithstanding the billions of states also were being subjected to intense that Microsoft also agree to additional dollars Microsoft invests developing such lobbying by a few of Microsoft’s competitors obligations that bear virtually no relationship cool new features, computer makers will now who were desperate either to get a decree to any of the issues addressed by the district be able to’’ replace access to them in order that. would severely cripple if not eventually court and the Court of Appeals. And lastly to give prominence to non-Microsoft software destroy Microsoft or at least to keep the they insisted on unprecedented enforcement such as programs from AOL Time Warner or litigation (and the attendant costs imposed provisions. I will briefly describe each of RealNerworks. (Additionally. as is the case on Microsoft) going. Notwithstanding that these three sets of provisions. today, computer makers can provide pressure, New York, Wisconsin, and Ohio— 1. Protections for ‘‘Middleware’’ consumers with a choice —that is to say the states that had made the largest The case :hat the plaintiffs tried and the access to Windows features as well as to non- investment in litigating against Microsoft and narrowed liability, that survived appellate Microsoft software programs.) in negotiating a settlement—along with six review all hinged on claims that Microsoft ‘‘Windows Design Obligations. Microsoft other plaintiff states represented by a took certain actions to exclude Netscape’s has agreed to design furore versions of bipartisan group of state attorneys general Navigator browser and Sun’s Java technology Windows, beginning with an interim release signed onto the Revised PFJ on November 6. from the market in order to protect the of Windows XP, to provide a mechanism to The Proposed Final Judgment Windows operating system monopoly. The make it easy for computer makers, consumers Throughout the negotiations, Microsoft plaintiffs successfully argued that Microsoft and software developers to promote non- was confronted by a determined and tough feared that Navigator and Java, either alone Microsoft software within Windows. The group of negotiators for the Department and or together. might eventually include and mechanism will make it easy to add or the states. They made clear that there would expose a broad set of general purpose APIs remove access to features built in to be no settlement unless Microsoft went well to which software developers could write as Windows or to non-Microsoft software. beyond the relief to which, Microsoft an alternative to the Windows APIs. Since Consumers will have the freedom to choose believes, the Court of Appeals opinion and Navigator and Java can run on multiple to change their configuration at any time. the law entitles the plaintiffs. Once that operating systems, if they developed into ‘‘Internal Interface Disclosure. Even though became clear, Microsoft relented in general purpose platforms, Navigator and there is no suggestion in the Court of significant ways, subject only to narrow Java would provide a means of overcoming Appeals’’ decision that Microsoft fails to language that preserved Microsoft’s ability to the ‘‘applications barrier’’ to end, and disclose APIs today and even though the innovate and engage in normal, clearly threaten the position of the Windows Court of Appeals’’ holding on monopoly procompetitive activities. Professor Green, operating system as platform software. power is predicated on the idea that there are the one neutral observer of this drama has A person might expect that a decree tens of thousands of applications written to noted the broad scope of the prohibitions and designed to address such a monopoly call upon those APIs. Microsoft has agreed to obligations imposed on Microsoft by the PFJ, maintenance claim would provide relief with document and disclose for use by its stating during the status conference with respect to Web-browsing software and Java competitors various interfaces that are Judge Kollar-Kotelly that ‘‘the parties have or, at most, to other general purpose platform internal to Windows operating system not stopped at the outer limits of the Court software that exposes a broad set of APIs and products. of Appeals’’ decision, but in some important is ported to run on multiple operating ‘‘Relations with Software Developers. respects the proposed final judgment goes systems. The PFJ goes much further. The Microsoft has agreed not to retaliate against beyond the issues affirmed by the Court of Department insisted that obligations imposed software or hardware developers who Appeals to deal with issues important to the on Microsoft by the decree extend to a range develop or promote software that competes parties in this rapidly-changing technology.’’ of software that has little in common with with Windows or that runs on software that I do not intend today to provide a detailed Navigator and Java. The decree applies to competes with Windows. ‘‘Contractual description of each provision of the PFJ; the ‘‘middleware’’ broadly defined to include, in Restrictions. Microsoft has agreed not to provisions speak for themselves. It may come addition to Web-browsing software and Java. enter into any agreements obligating any as something of a surprise in light of some instant messaging software, media players, third part?, to distribute or promote any of the uninformed criticism hurled at the and even email clients—software that, Windows technology exclusively or in a decree, but one of Microsoft’s principal Microsoft believes, has virtually no chance of fixed percentage, subject to certain narrow objectives during the negotiations was to developing into broad, general purpose exceptions that apply to agreements raising develop proscriptions and obligations that platforms that might threaten to displace the no competitive concern. Microsoft has also were sufficiently clear, precise and certain to Windows platform. In addition, there is a agreed not to enter into agreements relating ensure that the company and its employees broad catch-all definition of middleware that to Windows that obligate any software would be able to understand and comply in the future is likely to sweep other similar developer to refrain from developing or
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promoting software that competes with about the few provisos included in the decree As with the substantive provisions, Windows. that provide narrow exceptions to the various Microsoft agreed to these unprecedented These obligations go far beyond the twelve prohibitions and obligations imposed on compliance and enforcement provisions practices that the Court of Appeals found to Microsoft. Those exceptions were critical to because of the adamance of the plaintiffs and constitute monopoly maintenance. One of the Microsoft’s willingness to agree to the because of the highly technical nature of the starkest examples of the extent to which sweeping provisions on which the plaintiffs decree. Microsoft, the Department, and the these provisions go beyond the Court of insisted. Without these narrowly tailored settling states recognized that it was Appeals decision relates to Microsoft’s exceptions, Microsoft could not innovate or appropriate to include mechanisms— obligations to design Windows in such a way engage in normal procompetitive commercial principally, the technical committee—that as to give third parties the ability, to activities. The public can rest assured that will facilitate the prompt and expert designate non-Microsoft middleware as the the settling plaintiffs insisted on language to resolution of any technical disputes that ‘‘default’’ choice in certain circumstances in ensure that the exceptions only apply when might be raised by third parties, without in which Windows might otherwise be designed they promote consumer welfare. For any way derogating from the government’s to utilize functionality. integrated into example, some companies that compete with full enforcement powers under the decree. Windows. As support for his monopoly Microsoft for the sale of server operating Although the enforcement provisions are maintenance conclusion, Judge Jackson had systems apparently have complained about unprecedented in their stringency and scope, relied on several circumstances in which the so-called ‘‘security carve-out’’ to they are not necessitated or justified by any Windows was designed to override the end Microsoft’s obligation to disclose internal valid claim that Microsoft has failed to users’’ choice of Navigator as their default interfaces and protocols. That exception is comply with its decree obligations in the browser and instead to invoke IE. The Court very narrow and only allows Microsoft to past. In fact. Microsoft has an exemplar?.’’ of Appeals, however, reviewed those withhold encryption ‘‘keys’’ and the similar record of complying with the consent decree circumstances and reversed Judge Jackson’s mechanisms that must be kept secret if the to which the company and the Department a conclusion on the ground that Microsoft had security, of computer networks and the agreed in 1994. In 1997, the Department did ‘‘valid technical reasons’’ for designing privacy of user information is to be ensured. question whether Microsoft’s integration of Windows as it did. Notwithstanding this In light of all the concern over computer IE into Windows 95 violated a ‘‘fencing in’’ clear victory, Microsoft acceded to the privacy and security, these days, it is provision that prohibited contractual tie-ins, Department’s demands that it design future surprising that there is any controversy, over but Microsoft was ultimately vindicated by versions of Windows to ensure certain such a narrow exception. the Court of Appeals. Microsoft has default opportunities for non-Microsoft 3. Compliance and Enforcement committed itself to that same level of middleware. The broad substantive provisions of the PFJ dedication in ensuring the company’s 2. Uniform Prices and Server are complemented by an unusually strong set compliance with the PFJ. Interoperability of compliance and enforcement provisions. Conclusion Nevertheless, agreeing to this ,side range of Those provisions are unprecedented in a The PFJ strikes an appropriate balance in prohibitions and obligations designed to civil antitrust decree. The PFJ creates an this complicated case, providing encourage the development of middleware independent three-person technical opportunities and protections for firms broadly defined was not enough to get the committee, resident on the Microsoft seeking to compete while allowing Microsoft plaintiffs to settle. Instead, the?’’ insisted on two additional substantive provisions that campus, with extraordinary powers and full to continue to innovate and bring new have absolutely no correspondence to the access to Microsoft facilities, records, technologies to market. The decree is faithful findings of monopoly maintenance liability employees and proprietary technical data, to the fact that the antitrust laws are a that survived appeal. ‘‘Uniform Price List. including Windows source code, which is ‘‘consumer protection prescription,’’ and it Microsoft has agreed to license its Windows the equivalent of the ‘‘secret formula’’ for ensures an economic environment in which operating system products to the 20 largest Coke. The technical committee provides a all parts of the PC- ecosystem can thrive. computer makers (who collectively account level of technical oversight that is far more Make no mistake, however, the PFJ is for the great majority, of PC sales) on substantial than any provision of any other tough. It will impose substantial new identical terms and conditions, including antitrust decree of which I am aware. At the obligations on the company, and it will price (subject to reasonable volume discounts insistence of the plaintiffs, the technical require significant changes in the way for computer makers who ship large volumes committee does not have independent Microsoft does business. It imposes heavy of Windows). enforcement authority; rather, reports to the costs on the company and entails a degree of ‘‘Client/Server Interoperability. Microsoft plaintiffs and, through them, to the court. oversight that is unprecedented in a civil has agreed to make available to its The investigative and oversight authority of antitrust case. competitors, on reasonable and non- the technical committee in no way limits or For some competitors of Microsoft, discriminatory terms, any protocols reduces the enforcement powers of the DOJ however, apparently nothing short of the implemented in Windows desktop operating and states: rather, the technical committee destruction of Microsoft — or at least the systems that are used to interoperate natively supplements and enhances those powers. ongoing distraction of litigation—will be with any Microsoft server operating system. Each of the settling states and DOJ have the sufficient. But if the objective is to protect the In the case of the sweeping definition of power to enforce the decree and have the interests of consumers and the competitive middleware and the range of prohibitions ability to monitor compliance and seek a process, then this decree more than achieves and obligations imposed on Microsoft, there broad range of remedies in the event of a that goal. is at least a patina of credibility to the violation. Finally, for all those who are worried about argument that the penumbra of the twelve Microsoft also agreed to develop and the furore and what unforeseen monopoly maintenance practices affirmed by implement an internal antitrust compliance developments may not be covered by this the Court of Appeals can be stretched to program, to distribute the decree and educate case and the decree, remember that the Court justify those provisions, at least as ‘‘fencing its management and employees as to the of Appeals decision now provides in’’ provisions. There is no sensible reading various restrictions and obligations. In recent guideposts, which previously did not exist, of the Court of Appeals decision that would years, Microsoft has assembled in-house one for judging Microsoft’s behavior, and that of provide anb’’ basis for requiring Microsoft to of the largest, most talented groups of other high technology companies, going charge PC manufacturers uniform prices or to antitrust lawyers in corporate America. They forward. Those guidelines, it is true, are not make available the proprietary protocols used are already engaged in substantial antitrust always easy to apply ex ante to conduct; by Windows desktop operating systems and compliance counseling and monitoring. The however, now that the Court of Appeals has Windows server operating systems to decree formalizes those efforts, and quite spoken, we all have a much better idea of the communicate with each other. Nevertheless. frankly adds vet?’’ substantially to the in- way in which section 2 of the Sherman Act because the plaintiffs insisted that they house lawyers’’ work. As we speak, that applies to the software industry. In short, would not settle without those two group, together with key officials from what antitrust law’’ requires of Microsoft is provisions. Microsoft also agreed to them. throughout the Microsoft organization, are today much clearer than it was when this Before mining to the enforcement working to implement the decree and to case began. We have all learned a lot over the provisions of the PFJ, I want to say a word ensure the company’s compliance with it. last four years, and Microsoft has every
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incentive to ensure that history does not Address a Survivor This fall, bad ratings aren’t repeat itself. Principal place of business enough to sink new shows. Why ‘‘Emeril’’ is ATTACHMENT 4 (city and state or country) still cooking. None ‘Harry Potter’’ Arrives Secretary of the Senate FOREIGN ENTITLES Will the Wizard of Hoywarts fly on the big Clerk of the House of Representatives screen? Joe Morgenstern’s review. LOBBYING REGISTRATION 12. Name, address, principal place of Nations Supporting Jihads of Yesteryear Lobbying Disclosure Act of 1995 (Section business, amount of ,’my contribution of Now Close Borders Yemen, for One, Won’t 4) more than $10,000, and approximate Let Men Bent on Joining the Fight Go Off to Check if this is an amended registration [] percentage of equitable ownership in the Wage a ‘‘Holy War’’ By YAROSLAV For Official Use client of any foreign entity that: TROFIMOV Staff Reporter of ‘‘rife WALL REGISTRANT a) STREET JOURN?? SANA, Yemen-Asked b) what he th?? about the war in Afghanistan, 1. Name of Registrant Covington & Burling c) Address 1201 Pennsylvania Avenue, NW Abdu?? holds at least 20% equitable ownership in Washington Wire City Washington, State DC, Zip 20004 the client or in any organization identified on 2 Principal place of business (if different A Special Weekly Report From line 11 ; or directly or indirectly, in whole The Wall Street Journal’s from line 1) City Same State/Zip (or Country) or in major part, plans, supervises, controls, 3. Telephone number and contact name Capital Bureau directs, finances or subsidizes the activities DIRECTOR DANIELS gets GOP votes for (202) 662–6000 Contact Stuart Stock of the client or any organization identified on 4. General description of registrant’s ‘‘worst ever’’ relations with Congress. Sen. line 11; or is an affiliate of the client or any Stevens, the Senate Appropria- tions business or activities Law Firm CLIENT A organization identified on line 11 and has a lobbying firm is required to file a separate Committee’s top Republican, says so publicly direct interest in the outcome of the lobbying of Bush’s budget chief; others complain registration for each client An organization activity. If none, so state. employing in-house lobbyists will indicate privately to the White House that they can’t Name deal with Daniels. They charge he is trying ‘‘Self’’ on line 5 and proceed to line 8. Address Principal place of business 5. Name of Client Microsoft Corporation to score political points at Con- gress’s Amount of contribution expense, to aid a run for the Senate from Address One Microsoft Way Ownership City Redmond State WA Zip 98052 Indiana later. (city and state or country) Ire erupts after Interviews in which Daniels 6. Principal place of business (if different for lobbying activities from line 5) belittles Congress. Cheney goes to the Capitol percentage to rescue a $40 billion emer- gency-spending City Same State/Zip (or Country) in client bill-and soothe House Ap- propriations 7. General description of client’s business None Chairman Young. Danieis’s office says it or activities Computer software company Signature asked Cheney to go; Republi- cans say that Date 6/29/98 REGISTRANT EMPLOYEES is because Daniels wasn’t welcome. With Printed Name and Title Stuart C. Stock, 8. Name and title of each employee of the deputy Scan O’Keefe mov- ing to head Partner registrant who has acted or is expected to act NASA, long)free GOP budget staffer Bill’’ as a lobbyist for the client identified on line ATTACHMENT 5 Hoagland rejects overtures about the job. 5. Indicate any employee who served as a WALL STREET JOURNAL. With Congress still in town, in speeches ‘‘covered executive branch official’’ or ??? 2001 Dow Jones & Company, Inc. All Daniels quotes the song, ‘‘How can I miss you ‘‘covered legislative branch official’’ within 2 Rights Reserved. ii you won’t go away?’’ PENTAGON PLANS years before the date that the employee first FRIDAY, NOVEMBER 16, 2001 for big Increases, but hasn’t enlisted the acted or will act as a lobbyist for the client, The Northern Alliance battled 31,000 Tal- budget office. and state the executive or legislative branch iban and allied fighters encircled in the The services are told to build increases of position(s) in which the employee served. northern Afghan city of Kunduz, while Pash- about $15 billion annually into their plans Attach Lobbying Registration Addendum if tun fighters fought to control Kandahar in the for the budgets of the next two years. Such necessary. south. Mullah Omar, the Taliban leader, rises, inconceivable before Sept. 11, would E. Jason Albert, Associate spoke by satellite phone with the BBC and drive overall military spending to $360 Victoria A. Carter, Associate vowed to fight to the death and seek Ameri- billion by 2004. On the ish list: intelligence- Charles F. Rule, Partner ca’s ‘‘extinction.’’ The British marines are to gathering sensors and spy drones-in high Laurie C. Self, Of Counsel secure Bagram airport for an expected demand in Af- ghanistan but low supply. growing deployment of foreign troops. Tim Form LD-1 (1/96) Last Call? U.S. also prepared to insert more soldiers to Under Rising Pressure; LOBBYING ISSUES aid in the hunt for Osama bin Laden. New AT&T’s CEO Tries 9. General lobbying issue areas (select in- telligence on his possible whereabouts, as To Hold On to an leon applicable codes, listed in instructions and well as chilling data on the weapons he was Loaded Down With Debt, on reverse side of Form 1.D-l, page ]) hoping to develop, came to light. (Articles in Hit by Competition, Firm CPI CPT TRD Column 1 and on Pages A3, A8, A9 and A10) * May Be Sold Off in Pieces 10. Specific lobbying issues (current and The Northern Alliance wants credit for A Losing Battle With the Bells anticipated) securing the release of eight foreign aid . By DEBORAII SOLOMON * Protection of intellectual property rights, workers, including two Americans, the ,Staff Reporter of THE WALL STREET including copyrights, Taliban was holding. So does Libya. An JOURNAL NEW YORK-C. Michael Armstrong * Electronic commerce matters. airport-security deal was sealed as Bush has spent four years of furious deal making * Competition matters affecting computer blessed an accord reached by House and in a bid to push AT&T Corp. beyond its long- software industry. Senate negotiators on the issue of feder- distance roots and back on top of the alizing screening workers. Alter a one-year telecommunications landscape. AFFILIATED ORGANIZATIONS transition, the government is to take over that Now, the chief executive and his top 11. Name, address, and principal pbace of job. Meanwhile, airlines braced for the first lieutenants are working frantically just to business of any entity other than the’’ client Thanksgiving under tightened secu- rity keep control of the company’s destiny. that contributes more than $10,000 to the procedures. (Articles on Pages A3 and B1) Publicly, they insist that AT&T is better off lobbying activities covered by this ?? investigators are looking into the than most of its peers struggling to survive registration in a semiannual period, and in ??libility that Flight 587 pilots may A the telecom meltdown. But privately, amid whole or in part plans, supervises, or Haggler’s Christinas From small boutiques to 16-hour days crisscrossing the nation in controls the registrant’s lobbying activities. If Saks, a surprising number of stores are letting corporate jets, even they acknowledge that none, so state. some customers name their price. How to get the end of an independent AT&T may well Name in on the holiday deals. When Every Show’s be in sight. Paced with a massive debt load
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and a deteriorating cash position, AT&T is on In part, that’s because few Arab from the helm of AT&T, ii appears instead the verge of selling parts or all of the business governments want to upset the U.S. and end that AT&T is slowly being taken away from icon. That could Include the two cable up a target in the Bush administration’s war him. The company’s directors, and Mr. companies Mr. Armstrong spent $100 billion on terrorism. More important, the Afghan Armstrong himself, had reluctantly come to ??ulre in hopes of building an altern cy jihad campaign against the Soviets badly the realization that AT&T is worth more in spending. (Articles on Pages A2 and A14) boomeranged on its Middle Eastern sponsors. pieces than as a struggling whole when they Weaknesses remain in the health system’s Returning Afghan veterans such as Mr. bin announced a plan to break it into four pieces preparations for terrorist attacks, Laden have helped destabilize much of the a year ago. Now, it appears the company will administration officials told Congress. Arab world, fueling terrorist groups such as not be able to hold on to those different parts. Meanwhile, lawmakers unveiled a $3.2 Egypt’s Islamic Jihad, Algeria’s GIA and the ‘‘Times have changed,’’ says a person close billion plan to fight bioterrorism. A top FBI Aden Abyan Islamic Army in Yemen. to Mr. Armstrong. Now, the thinking is, ‘‘If official said recent Pennsylvania raids are FIRST LADY Laura Bush will sub for her you’re going to break up, why not just sell unlikely to aid the anthrax inquiry. (Article husband in tomorrow’s national radio the pieces and get some long-term value for on Page A6) * * * . address, to kick off a campaign highlighting Ararat called for Israeli withdrawal from the Afghan Tallban’s abuse of women. Also shareholders?’’ the West Bank, Gaza Strip and east Jerusalem involved: Jay Leno’s wife, Mavis, and With several trips to Washington a month, in a speech on the 13th anniversary of his Britain’s Cherie Blair. Yesterday, at the Bush Mr. Armstrong, the 63-year-old former head declaration of Palestinian independence. ranch, Russia’s President Putin agreed the of General Motors Curp.’s Hughes Israeli raids left a Palestinian dead as Arafat’s women need help, but the ‘‘end result’’ must Electronics, is pleading with regulatots to police freed two militants detained after the not be that ‘‘a lady would turn into a man.’’ order relief. Taking an even more visible role assassination of all Israeli cabinet minister. TERRORISTS’’ FUNDS are Treasury is the company’s chief financial ofricer, Serb police guarded government buildregs Secretary O’Neilrs target in Ottawa today, as Charles Noski, who is trying to juggle the after a mutinous secret-police unit, angry at he presses the G-20 group of nations to form various credit-rating agencies, the equity and Belgrade’s dealings with the Hague, refused money-laundering surveillance units. The debt markets, AT&T’s board and Wall Street to accept civilian control. Separately, Kosovo units would join the global Egmont Group as well as heading negotiations for the votes tomorrow in a first, ii symbolic, step intelligence exchange; among G-20 nations company’s cable-TV unit. toward independence from Serbia. that don’t belong are Saudi Arabia, China, Mr. Armstrong argues AT&T is better off Macedonia’s parliament approved Germany, Indonesia and India. Countries today than it was when he took over, constitutional reforms underpinning a peace meeting in Canada have agreed to an pointing to the building of wireless and cable deal. The vote came after a long period of antiterrorism agenda but not to specific franchises. ‘‘In 1997 we didn’t know if AT&T pressure by Western envoys to codify new actions. had a future. But today we’ve got the assets, rights for ethnic Albanians after rebels JOB REFERENCE: The White House as we’ve got the businesses, we’ve got the disbanded. early as today may grant Senate Majority management team. We’ve got a future,’’ says A federal judge dismissed all remaining Leader Daschle’s wish and name his aide, Mr. Armstrong. Hopes of Keeping It Together charges against two former Utah Olympic Jonathan Adelstein, to one of two Democratic He and other AT&T officials hold out the officials accused of buying votes to win the seats on the Federal Communications possibility of keeping the empire together, 2002 Winter Games for Salt Lake City. The Commission. The vacancy has left the FCC But he acknowledges that AT&T may not stay judge had thrown out four key counts in July. with a 3–1 GOP edge. intact: ‘‘If it’s In a form of stand-alone * * * LEGAL LOOPHOLE: Microsoft tries to companies or in the form of further industry Cancer researchers have developed a shield Ill; top Washington lawyer, Charles F. consolidation, those assets and those people method of encapsulating single atoms of Rule, from having to reveal some contacts radioactive material in injectable molecules with the administration before he negotiated and those customers will still be AT&T/’’ that can find and destroy tumor cells. Human the company’s controversial antitrust Some of AT&T’s woes reflect those across trials may begin soon. (Article on Page B3) settlement. He was formally named a counsel the telecommunications industry, which Is Two freight trains collided head-on about of record yesterday, exempting him from imploding in the wake of a massive glut of 25 miles northwest of Detroit, killing two disclosures otherwise demanded under a capacity and retrenchment of once-abundant crewmen, injuring two others and forcing 1974 law requiring court review of antitrust investment dollars. But AT&T’s plight was nearby evacuations. Investigators focused on deals. aggravated b?? s of deals struck by Mr. a switching malfunction or bad weather. * * GOP’S GILMORE is safe through 2002, Armstron. I- * White House advisers say. ATTACHMENT 6 Peace Corps workers were recalled from . The party chairman will stay on through COMMITTEE: SENATE JUDICIARY Zimbabwe after the government refused to the critical midterm elections, they are telling COMMITTEE issue permits for new volunteers. Harare Republicans; many are unhappy about the HEADLINE: U.S. SENATOR PATRICK 0.77; 2.2179 has been reducing the presence GOP’s loss last week of the governorships in LEAHY (D-VT) HOLDS HEARING ON ‘‘THE of international agencies ahead of elections New Jersey and MICROSOFT SETTLEMENT: A LOOK TO next year. Gilmore’s Virginia. THE FUTURE.’’ might end up in Afghanistan. Pakistan, once Democrats gloat they have won ‘‘the main a welcoming gateway for Arab mujahedeen, event’’ in redistricting after a federal court SPEAKER: U.S. SENATOR PATRICK has also closed Afghan frontier crossings in panel approves a plan favorable to Texas’s LEAHY (D-VT), CHAIRMAN recent weeks and carefully screens all Arab majority-Democratic House delegation. GOP LOCATION: WASHINGTON, DC visa applicants, submitting their names to Leader Delay of Texas had predicted gains of WITNESSES: CHARLES JAMES, local security agencies. as many as eight seats; the party still says it ASSISTANT ATTORNEY GENERAL, Across the Middle East, hundreds of can add two. ANTITRUST DIVISION, U.S. DEPARTMENT presumed jihad organizers, who openly Republicans urge ex-Rep. Lazio, who lost OF JUSTICE JAY HIMES, ANTITRUST worked out of mosques and even government a Senate race to Hillary Clinton. to seek his BUREAU CHIEF, OFFICE OF THE offices to send fighters to Afghanistan in the old House seat back phone companies enter ATTORNEY GENERAL CHARLES RULE, 1980s and Bosnia-Herzegovina in the 1990s, the long-distance market at a rapid clip, COUNSEL, MICROSOFT CORPORATION have been rounded up since the Sept. 11 AT&T faces the prospect of heavy new LAWRENCE LESSIG, PROFESSOR, killings in New York and Washington. ‘‘Back competition. STANFORD LAW SCHOOL MARK COOPER, in the past; going to jihad in Afghanistan was The situation AT&T now finds itself in ‘‘is DIRECTOR OF RESEARCH, CONSUMER a big thing, something to be celebrated by a little bit like Gen. Cornwallis surrendering FEDERATION OF AMERICA JONATHAN everybody,’’ explains Jareal Khashoggi, a to Revolutionary forces,’’ says Tom Evslin, ZUCK, PRESIDENT, ASSOCIATION OF Saudi newspaper editor who frequently met chief executive of Internet telephony firm COMPETITIVE TECHNOLOGY MATTHEW Mr. bin Laden in Afghanistan while covering ITXC Corp. and a former AT&T executive. SZULIK, PRESIDENT AND CEO, RED HAT, the war in the 1980s. ‘‘Now, if you’re a Saudi The Parts or the Whole? INC. MITCHELL KERTZMAN, PRESIDENT and you’re going to fight there for the While many have speculated whether Mr. AND CEO, LIBERATE TECHNOLOGIES Taliban, you’re joining the enemy.’’ Armstrong would ultimately be removed BODY:
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U.S. SENATE JUDICIARY COMMITTEE Scrutiny of the proposed settlement by this and not deprive the District Court of the HOLDS A HEARING ON THE MICROSOFT committee during the course of the Tunney value of their views on appropriate remedies SETTLEMENT Act proceeding is particularly important. The in a timely fashion. In addition, I have two SPEAKERS: focus of our hearing today is to examine basic areas of concern about the proposed U.S. SENATOR PATRICK J. LEAHY (D–V– whether the proposed settlement is good settlement. F) CHAIRMAN public policy and not to go into the legal First, I find many of the terms of the U.S. SENATOR EDWARD M. KENNEDY technicalities. The questions raised here and settlement to be either confusingly vague, (D–MA) views expressed may help inform the court. subject to manipulation, or worse, both. Mr. U.S. SENATOR JOSEPH R. BIDEN JR. (D– I plan with Senator Hatch to forward to the Rule raised an important and memorable DE) court the record of this hearing for point when he last testified before this U.S. SENATOR HERBERT KOHL (D–WI) consideration as the court goes about the committee in 1997 during the important U.S. SENATOR DIANNE FEINSTEIN (D– difficult task of completing the Tunney Act series of hearings that were convened by CA) proceedings and the remedy solved by the Senator Hatch on competition in the digital U.S. SENATOR RUSSELL D. FEINGOLD non-settling states. age, hearings that have shaped a lot of (D–WI) I am especially concerned that the District thinking in the Senate. U.S. SENATOR CHARLES E. SCHUMER Court takes the opportunity seriously to Testifying about the first Microsoft-Justice (D–NY) consider the remedy proposal of the Department consent decree, Mr. Rule said, U.S. SENATOR RICHARD DURBIN (D–IL) nonsettling states but to consider them before quote: ‘‘Ambiguities in decrees are typically U.S. SENATOR MARIA CANTWELL (D– she makes her final determination on the resolved against the government. In addition, WA) other parties’’ proposed settlement. the government’s case must rise or fall on the U.S. SENATOR JOHN EDWARDS (D–NC) The insights of the other participants in language of the decree; the government U.S. SENATOR ORRIN G. HATCH (R–UT) this complicated and hard-fought case are cannot fall back on some purported ‘‘spirit’’ RANKING MEMBER going to be valuable additions to the or ‘‘purpose’’ of the decree to justify an U.S. SENATOR STROM THURMOND (R– comments received in the Tunney Act interpretation not clearly supported by the SC) proceeding. I would hope that it would help language.’’ U.S. SENATOR CHARLES E. GRASSLEY inform the evaluation whether the settlement LEAHY: So, we take seriously such (R–IA) is in the public interest, a matter of which counsel, and would worry if ambiguity in the U.S. SENATOR ARLEN SPECTER (R–PA) for many people is still an open question. proposed settlement would jeopardize its U.S. SENATOR JON KYL (R–AZ) The effects of this case extend beyond enforcement. U.S. SENATOR MIKE DEWINE (R–OH) simply the choices available in the software Secondly, I am concerned that the enforcement mechanism described in the U.S. SENATOR JEFF SESSIONS (R–AL) marketplace. The United States has long been the world leader in bringing innovative proposed decree lacks the power and the U.S. SENATOR SAM BROWNBACK (R– solutions to software problems, in creating timeliness necessary to inspire confidence in KS) new tools and applications for use on its effectiveness. Particularly .in light of the U.S. SENATOR MITCH MCCONNELL (R– computers and the web, and in driving absence of any requirement that the decree be KY) forward the flow of capital into these new read in broad remedial terms, it is especially LEAHY: I just want to do a little and rapidly growing sectors of the economy. important that we inquire into the likely housekeeping here. I want to make sure the This creativity is not limited just to Silicon operation of the proposed enforcement chairman and ranking member of the Valley. My own home area, Burlington, scheme and its effectiveness. Antitrust Subcommittee are here—Senator Vermont, ranks seventh in the nation in Any lawyer Who has litigated cases, and Kohl and Senator DeWine — both of whom terms of patent filings. Burlington has 38,000 Mr. James, I would certainly include you, any have done a superb job for years in handling people. It’s in a county of about 130,000 business person knows how distracting antitrust matters. people. It is not per capita. This is actual litigation of this magnitude can be and I told Senator DeWine earlier—now this filings—seven in the nation. appreciates the value that reaching an would probably cause a recall petition for the So, whether the settlement proposal will appropriate settlement can have not only for Republican Party in Ohio, but what a terrific help or hinder this process, and whether the the parties but also for consumers, who are job he did as chairman and what a terrific job high tech industries will play the important harmed by anti-competitive conduct, and the Senator Kohl has done as chairman on role that they should in our nation’s economy. I’m the first one to say that we’d antitrust matters in pointing out that they’re economy, is a larger issue behind the like some finality, so everybody involved, all issues of great complexity, very important to immediate effects of this proposal. So, with companies, can know what the standards are everybody here in the Senate. I’ve look at the that in mind, I intend to ask the and all consumers can know what they are. proposed settlement the Department of representatives of the settling parties how Because of that, I do not come to this Justice and nine states have transmitted to their resolution of this conflict will serve the hearing prejudging the merits of this the District Court. The reason that they ends that the antitrust laws require. proposed settlement but instead as one who planned for the conclusion of what has really Our courts have developed a test for is ready to embrace a good settlement that been a landmark antitrust litigation. But now, determining the effectiveness of a remedy in puts an end to the merry-go-round of it’s going to pass the legal test set out in the a Sherman Act case: The remedy must end Microsoft litigation over consent decrees. Tunney Act if it’s going to gain court the anti-competitive practices, it must But the serious questions that have been approval. That test is both simple and broad, deprive the wrongdoer of the fruits of the raised about the scope, enforceability and and requires an evaluation of whether the wrongdoing and it must ensure that the effectiveness of this proposed settlement proposed settlement is in the public interest. illegality never recurs. leave me concerned that, if it’s approved in There is significant difference of opinion The Tunney Act also requires that any its current form, it may simply be an over how well the proposed settlement settlement of such a case serve the public invitation for the next chapter of litigation. I passes this legal test. In fact, the states interest. These are all high standards, but want an end to this thing. I think everybody participating in the litigation against they are reasonable ones and people have wants at end to it, but we want an end to it Microsoft are evenly split— - nine states dealt with them for years. In this case, the DC where we know what the rules are going to joined in the proposed settlement and nine Circuit, sitting en banc and writing be. If we don’t know what the rules are going non-settling states presented the court with unanimously, found that Microsoft had to be, as sure as the sun rising in the East, an alternative remedy. engaged in serious exclusionary practices, to we’re going to face these issues again. As the courts wrangle with the technical the detriment of their competitors and, thus, On this point, I share the concern of Judge and complex legal issues at stake in the case, to all consumers. So, we have to satisfy Robert Bork, who warns, in his written this committee is conducting hearings to ourselves that these matters have been submission, that the proposed settlement educate ourselves and to educate the public addressed and redressed, or if they have not, ‘‘contains so many ambiguities and loopholes about what this proposed settlement really why not. I have noted my concern that the as to make it unenforceable, and likely to means for our high-tech industry and for all procedural posture of this cas guarantee years of additional litigation’’. of us who use computers at work, at school, e not jeopardize the opportunity of the I look forward to hearing from the and at home. non-settling states to have their day in court Department of Justice and the other witnesses
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here. I will put into the record a series of the proposed settlement in the government’s antitrust enforcement in new high- letters, one, a letter to myself and Senator antitrust litigation against Microsoft. technology markets. Hatch from James Barksdale, another letter to Mr. Chairman, rather than closing the book It cannot be overemphasized that timing is Assistant Attorney General James and on the Microsoft inquiry, the proposed a critical issue in examining conduct in the Senator Hatch and a letter to Senator Hatch settlement appears to be only the end of the socalled ‘‘new economy’’. Indeed, the most from Assistant Attorney General James, latest chapter. significant lesson the Microsoft case has letters to myself and Senator Hatch and The settling parties are currently in the taught us is this fact. The DC Circuit found Robert Bork, a letter to myself and Ralph middle of the so-called Tunney Act process this issue noteworthy enough to discuss in Nader with two enclosures, written before the court. And, the non-settling parties the first few pages of its opinion. And I will testimony of the Computing Technology have chosen to further litigate this matter and quote from the unanimous court: Industry Association; written testimony of last week filed their own proposed ‘‘What is somewhat problematic is that just Catfish Software, Inc.; and written testimony settlement. over six years have passed since Microsoft of Mark Havicek (ph) of Digital Data This has been a complex case with engaged in the first conduct plaintiffs alleged Resources, Inc. significant consequences for Microsoft, high- to be anti-competitive. As the record in this I yield to Senator Hatch who has been such tech entrepreneurs and the American public case indicates, six years seems like an a support of hearings on this issue earlier. as well. The proposed settlement between eternity in the computer industry. By the HATCH: Microsoft and the Justice Department and time the court can assess liability, firms, Thank you, nine of the plaintiff state attorneys general is products, and the marketplace are likely to Mr. Chairman. highly technical. have changed dramatically. This, in turn, As you know, we conducted a series of We have all been studying it, and its threatens enormous practical difficulties for hearings, as you’ve mentioned, in this impact, with great interest. Each of us has courts considering the appropriate measure committee in 1997 and 1998 to examine the heard from some, including some of our of relief in equitable enforcement actions.’’ policy implications of the competitive witnesses here today, that the agreement The Court goes on to say that ‘‘Innovation to landscape of the then burgeoning hightech contains much that is very good. Not a large degree has already rendered the anti- economy and industry, which was about to surprisingly, we have also heard and read competitive conduct obsolete, although by no explode with the advent of the Internet. much criticism of the settlement. These are means harmless’’ unquote. Those hearings focused on competition in complex issues, and I would hope today’s This issue is one that is relevant for this the industry, in general, and, more hearing will illuminate the many questions committee to consider as a larger policy specifically, complaints that Microsoft had that we have. matter, as well as how it relates to this case been engaged in anti-competitive behavior I should note that about two weeks ago, I and the proposed settlement we are that threatened competition and innovation sent a set of detailed and extensive questions examining today. Let me just say that one of to the detriment of consumers. Our goal was, about the scope, interpretation, and intended things that worries me is what are the and I believe today is, to determine how best effects of the proposed settlement to the enforcement capabilities of this settlement to preserve competition and foster innovation Justice Department, naturally seeking further agreement? It was only a few years before in the hightechnology industry. information on my part. these matters arose that Microsoft had agreed Although the committee, and I, as its First, I want to commend the department to a consent decree—to a conduct decree that chairman—then chairman, was criticized by for getting the responses to these questions to many feel that they did not live up to. some, I strongly believed then, and continue me promptly. We received them yesterday. ! I think it’s a legitimate issue to raise as to to believe now, that in a robust economy think the questions, which were made how well the agreement that the Justice involving new technologies, effective public, and the Department’s responses, Department has worked out with Microsoft antitrust enforcement today would prevent could be helpful to each member in forming and nine of the plaintiffs, how will it be the need for heavy-handed government an independent and fair analysis of the enforced if anticompetitive conduct regulations of business tomorrow. proposed settlement. continues. My interest in the competitive marketplace To that end, and for the benefit of the In that regard, let me just raise Mr. in the high-technology industry was committee, Mr. Chairman, I would like to Barksdale’s letter which I believe you put animated by my strong opposition to make both the questions and the into the record. regulations of the industry, whether by department’s answers part of the record for LEAHY: I did, I did. government, or by one or few companies. this hearing, so I would ask unanimous HATCH: Let me raise it, because he does As we may remember, the hearings before consent that they be made part of the record. make some interesting comments in his letter the Judiciary Committee developed an As I noted in my November 29 letter to the and if I can read them, I think they might extensive record of Microsoft’s conduct, and department, I have kept an open mind be—at least part of opening up the questions evidenced various efforts by the company to regarding this settlement, and continue to do in this matter. I’ll just quote a few maintain and extend its operating system so. I have had questions regarding the paragraphs. monopoly. practical enforceability of the proposed He says: ‘‘These developments have These findings, I would note, were settlement and whether it will effectively stiffened my resolve to do all I can to ensure reaffirmed by a unanimous, and ideologically remedy the unlawful practices identified by that competition and consumer choice are diverse Court of Appeals. The Microsoft the DC Circuit, and restore competition in the reintroduced to the industry. It is vitally case—and its ultimate resolution—present software marketplace. I am also cognizant of important that no company can do to a future one of the most important developments in both the limitation of the claims contained in Netscape that Microsoft did to Netscape from antitrust law in recent history, certainly in the original Justice Department complaint by 1995 to 1999. It is universally recognized that my memory. As I have emphasized before, the DC Circuit, as well as the standards for the 1995 consent decree was ineffective. I having a monopoly is not illegal under our enforcement under settled antitrust law. respectfully submit that the proposed final laws. In fact, in a successful capitalist I believe that further information regarding judgment, PFJ, is the subject of the hearing system, striving to be one should be precisely how the proposed settlement will would be even less effective, if possible, than encouraged, as a matter of fact. However, be interpreted, given DC Circuit case law, is the 1995 decree in restoring competition and anti-competitive conduct intended to necessary to any full and objective analysis stopping anticompetitive behavior. maintain or extend this monopoly would of the remedies proposed therein. I hope that Accordingly, Senator Leahy, I’m going to harm competition and could possibly be this hearing will result in the development of follow your suggestion that I help the violative of our laws. I believe no one would such information that would supplement the committee answer one of the central disagree that the DC Circuit Court’s decision questions that I put forth to the Department. questions. If the PFJ had been in effect all reaffirmed the fundamental principle that a Mr. Chairman, one important and critical along, how would it have affected Netscape? monopolist— even a monopolist in a high- policy issue that I would hope we can More important, how will it affect future tech industry like software—must compete address today, and that I would like all of our Netscapes?’’ on the merits to maintain its monopoly, witness to consider as they wait to be He describes the impact on future which brings us to today’s hearing. We are empaneled so that they can discuss, is the Netscapes as follows and let me just read a here to examine the policy implications of difficult issue of the temporal relation of couple of paragraphs in this regard: ‘‘As
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discussed in the attached document, the does every individual person on the We stand today on the threshold of writing unambiguous conclusion is that the PFJ committee. the rules of competition in the digital age. We agreed upon last month by Microsoft and the HATCH: I certainly look forward to hearing have two options. One option involves one Department of Justice had been in existence our witnesses today and I’m going to keep an dominate company controlling the computer in 1994, Netscape would have never been open mind on where we’re going here and desktop facing minor restraints that expire in able to obtain the necessary venture capital hopefully they can resolve these matters in five years, but acting as a gatekeeper to 95 financing. In fact, the company would have a way that is beneficial to everybody, percent of all personal computer users. not come into being in the first place. The including those who are against Microsoft The other mile is the flowering of work of Mark Andresson’s team at the and Microsoft itself. innovation and new products that resulted University of Illinois in developing the Thank you, from the breakup from the AT&T telephone Mosaic browser would likely have remained Mr. Chairman. monopoly nearly 20 years ago. From cell an academic exercise. An innovative, LEAHY: Thank you. phones to faxes, from long distance price independent browser company simply could Senator Kohl? wars to the development of the Internet itself, not survive under the PFJ and such would be KOHL: Mr. Chairman, we thank you for the end of the telephone monopoly brought the effect on any company developing the holding this hearing here today. This is a an explosion of new technologies and future technologies as innovative as the crucial time for competition in the high tech services that benefit millions of consumers browser was in the mid-1990s.’’ sector of our economy. After spending more every day. We should insist or nothing less He goes on to characterize whether or not than three years pursuing its groundbreaking in this case. Microsoft could have developed itself, but let antitrust case against Microsoft, the In sum, any settlement in this case should me just read the last two paragraphs of this government has announced a settlement. make the market for computer software as letter: ‘‘If the PFJ’s provisions are allowed to But the critical question remains, will this competitive as the market for computer go into effect, it is unrealistic to think that settlement break Microsoft’s stranglehold hardware is today. While there is nothing anybody would ever secure venture capital over the computer software industry and wrong with setting, of course, we should financing to compete against Microsoft. This restore competition in this vital sector of our insist on a settlement that has an immediate, would be a tragedy for our nation. It makes economy. I have serious doubts that it will. substantial and permanent impact on a mockery of the notion that the PFJ is, quote, An independent federal court, both a trial restoring competition in this industry. ‘‘good for the economy’’, unquote. If the PFJ court and a court of appeals found that I thank our witnesses for testifying today goes into effect, it will subject an entire Microsoft broke the law and that its violation and we look forward to hearing your views. industry to dominance by an unconstrained should be fixed. This antitrust case was as LEAHY: Thank you. monopolist, thus snuffing out competition, big as they come. Senator DeWine? DEWINE: Mr. Chairman, thank you very much for holding this very consumer choice and innovation in perhaps Microsoft crushed a competitor, illegally tried to maintain its monopoly and stifled important hearing concerning the our nation’s most important industry. And innovation in this market. Now, after all Department of Justice’s proposed final worse, it will allow them to extend their these years of litigation, of charges and judgment in its case against Microsoft. dominance to more traditional businesses, countercharges, this settlement leaves us Mr. Chairman, as we examine this such as financial services, entertainment, wondering, ‘‘Did we really accomplish judgment and attempt to imagine what it will telecommunications and perhaps many anything?’’ Or, in the words of the old song, mean for the future of competition in this others. ‘‘Is that all there is?’’ market, we must keep in mind the serious Four years ago, I appeared before Does this settlement debate a Supreme nature of this case. According to the DC committee and was able to demonstrate, with Court mandate that it must deny the antitrust Circuit Court, Microsoft did, in fact, violate the help of the audience, that Microsoft violator the fruits of its illegal conduct? It our antitrust laws. Their behavior hurt the undoubtedly had a monopoly. Now it has seems to me and to many, including nine of competitive marketplace. This is something been proven in the course that Microsoft not the states that joined the federal government that we must keep in mind as we examine only having a monopoly, but they have in suing Microsoft, that this settlement the proposed final judgment. illegally maintained that monopoly through a agreement is not strong enough to do the job This hearing is particularly important at series of abusive and predatory actions. I to restore competition to the computer this time, because federal law does require submit to the committee that Microsoft is software industry, It contains so many the District Court to examine the proposed infinitely stronger in each of their core loopholes; qualifications and exceptions that settlement and determine if it is, in fact, in businesses than they were four years ago, many worry that Microsoft will easily be able the public interest. despite the fact that their principal to evade its provisions. Federal law clearly allows the public to be arguments have been repudiated eight to zero Today, for the vast majority of computer heard on such matters. I believe that this by the federal courts. Now, if you’ll keep users, the first thing they see when they turn forum today will further that process of these thoughts in mind during your hearing, on their machine is the now familiar public discussion. let me send a more detailed analysis of my Microsoft logo placed on the Microsoft start The Court of Appeals in this case, relying views as followed’’. menu. And all of their computer operations on established Supreme Court case law, Well, the importance of that letter is take place through the filter of Microsoft’s explained when appropriate remedy in basically, Barksdale was one of the original Windows operating system. antitrust case, such as this one, must seek to complainants against Microsoft and was one Microsoft’s control over the market is so accomplish. It should unfetter the market and of the very important witnesses before this strong that today, more than 95 percent of all anti-competitive conduct, terminate the committee in those years when we were personal computers run under Windows illegal monopoly and deny the defendant the trying to figure out what we’re doing here. operating system, a market share high enough fruits of its violations. And I don’t think you can ignore that, so to constitute a monopoly under antitrust law. It’s important, Mr. Chairman, that we these questions have to be answered that he Its share of the Internet browsing market is examine where the proposed decree would, raises, plus the questions that I had given as now over 85 percent and reported a profit in fact, accomplish these goals. There seems well. margin of 25 percent in the most recent to be a great deal of disagreement about what So, that’s the—you put that letter in the quarter, a very high number in challenging the competitive impact of the decree will be. record? economic times. Microsoft has the power to While the proposed settlement, correctly, I LEAHY: I have and also I understood you dictate terms to manufacturers who wish to believe, focuses primarily on the market for wanted those letters (inaudible). gain access to the Windows operating system middleware, there has been a great deal of HATCH: I appreciate it. and the ability to leverage its dominance into concern raised about the mechanism for Let me just say, Mr. Chairman, I’m grateful other forms of computer software. Microsoft enforcing such a settlement. Specifically, I that you’re continuing the committee’s has never been shy about using its market think we need to discuss further whether the important role in high technology policy power. public interest would be better served with matters, and I as I would expect you to do, Are we here today really confident that in a so-called special master or some sort of because I know that you take a great interest five years, this settlement will have had any administrative mechanism or whether the in these matters, as do, I think, every appreciable impact on these facts of life in Justice Department can be more effective in individual person on this committee and as the computer industry? I am not. enforcing the decree on its own.
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In addition to the Department of Justice’s as possible, 70 percent; the court should Tunney Act proceeding, but of course, I’m proposed final judgment, we also have the continue to investigate whether Microsoft happy to discuss this with the committee for benefit of another remedy’s proposal which should be punished for its business activities, the purpose of public explication. has been submitted to the court by nine states 24 percent. Not that the public is always When thinking about the Microsoft case, that did not join with the antitrust division’s determinative, but I thought that would be an from my perspective, it’s always important to proposal. I would like to hear from our interesting observation to add. distinguish between Microsoft, the public witnesses about the role they believe this Thank you very much, Mr. Chairman. spectacle and Microsoft, the actual legal alternative proposal should play in the LEAHY: I think, Mr. James, I think you’d dispute. We look, in particular, to what the ongoing Tunney Act proceedings. know from the comments that we’re across department alleged in its complaint and how As I mentioned early, Mr. Chairman, the the board here. Everybody, or the majority of the court ruled on those allegations. Court of Appeals directed that any remedies the people favor a settlement, but I must say The antitrust division complaint had four should seek to deny Microsoft the fruits of its that I don’t think the majority of the people counts: attempted monopolization of browser illegal activities. One clear benefit Microsoft favor any settlement. They favor a good market in violation of Section II; individual derives from its violations was the effective settlement and that’s what the questions will and competitive acts; and a course of conduct destruction of Netscape as a serious be directed at and that’s why nine attorneys to maintain the operating system monopoly competitor and a decrease in Java’s market general have expressed concern. Nine agreed in violation of Section II of the Sherman Act; presence. with the settlement, nine disagreed with the tying it’s own browser to the operating It’s obviously impossible to go back in time settlement. system in violation of Section I; and and resurrect the exact market structure that These are all very good, very talented exclusive dealing in violation of Section I. existed, but it is important to discuss how the people. I would note that a separate monopoly proposed settlement deals with this problem. So, in your testimony when we come back, leveraging claim brought by the states was I’d also like to note for the record that you’ve heard a number of the questions that thrown out prior to trial and that the states Microsoft will be represented today by one of have been raised and we look forward to you at one time had alleged in their complaint their outside counsel, Rick Rule, rather than responding to them. monopolization of Microsoft Office market an actual employee of the company. Mr. Rule We’ll stand in recess while we vote. and that was eliminated by the states through is an outstanding antitrust lawyer. He is well (RECESS) an amendment. qualified to testify on this issue and we LEAHY: Sorry for that. There was, of course, a trial before Judge certainly look forward to hearing his LEAHY: Mr. James, I should put on for the Jackson, at the conclusion of which Judge testimony today. record, Mr. James has served as the assistant Jackson found for the government on However, Mr. Chairman, I must say that I attorney general for the antitrust division everything but exclusive dealing and ordered am disappointed that Microsoft chose not to since June 2001. He previously served as Microsoft to be split into a separate operating send an actual officer of the company deputy assistant attorney general for the system and applications businesses after a because it does not appear to represent, Antitrust Division for the first Bush one year transitional period under interim frankly, the fresh start that I think we’re all administration from 1989 to ‘‘92. He served conduct remedies. hoping to begin today. as acting assistant attorney general for several On appeal, however, only the monopoly Finally, I would like to thank you, Mr. months in ‘‘92. He was then the head of the maintenance claims survived unscathed. The Chairman, Ranking Member Hatch and antitrust practice of Jones Day Reavis & attempt at monopoly claim was dismissed. Antitrust Subcommittee Chairman Kohl for Pogue in Washington. Not knowing what the The time claim was reversed and remanded all of your hard work in putting this hearing Senate schedule might be, Mr. James, we’ll for further proceedings under a much more together and all of your work on this issue put your whole statement in the record, of rigorous standard and the remedy was generally, over the last year. course. I wonder if you might summarize it, vacated with the court ordering remedial I look forward to the testimony of our but also with some reference to the charge hearings before a new judge to address the witnesses today and the committee’s made in the letter to Senator Hatch and fact that liability findings had been, in their continuing oversight of this very important myself by Mr. Barksdale, who said. had this words, drastically curtailed. issue. been the ground rules—we never would have Even the monopoly maintenance claim was LEAHY: Mr. James, there’s a vote on the been able to get Netscape off the ground had cut back in the Court of Appeals decision. floor. I think there’s about two or three it been the ground rules at the time they The Court of Appeals found for Microsoft on minutes left in the roll call vote. We’re going began Netscape, they would have never been some of the specific practice and rules to suspend while we go to vote, but I think... able to create Netscape. If that is accurate, of against the government on the so-called JAMES: I have a really brief statement. course, we’ve got a real problem, ‘‘course of conduct theory’’ of liability. Could I make that before you adjourn? So, Mr. ,lames, it’s all yours. I recount all of this history to make two LEAHY: You can. JAMES: basic points that I think are important as we JAMES: Let me just say that at this hearing Thank you, discuss the settlement. and the accompanying media spectacle Senator Leahy and good morning to you First, the case, even as initially framed by indicate that Microsoft case is a subject of and members of the committee. I’m pleased the Department of Justice, was a fairly narrow significant public interest and debate. Some to appear before you today to discuss the challenge. It was never a direct assault on the argue that the case itself never should have proposed settlement of our still pending case acquisition of the operating system monopoly been filed to begin with. Now, after nearly against Microsoft Corporation. itself. four years of litigation, Microsoft, the With me today are Deborah Majoris (ph), Second, and perhaps much more Department of Justice and nine states, have my deputy, and Phil Malone (ph), who has important, the case that emerged from the reached a settlement. I just want to commend been the lead staff lawyer on the Microsoft Court of Appeals was much narrower, still the parties for their tireless effort and case from the very beginning. I note their focusing exclusively on the middleware countless hours in reaching the compromise. presence here because they were the ones threat to the operating system monopoly and Settlement is nearly always preferable to who responded to the judge’s order that we specific practices, not a course of conduct litigation and regulation by the market is negotiate around the clock and I think found to be any competitor. The Court of nearly always better than regulation by they’ve recovered now. Appeals decision determines the reality of litigation or the government, for that matter. As you know, on November 2, the the case as we found it in the department As far as what the public thinks, just this department and nine states entered into the when I first arrived there in June as you week a nationwide survey indicated U.S. proposed settlement. We’re in the midst of noted. The conduct found to be unlawful by government and Microsoft agreed to settle the the Tunney Act period, as you know, and the court was the sole basis of relief. antitrust case, however, nine state AGs that will end at the end of January at which It’s probably worth talking just briefly argued that the antitrust case against point the District Court will determine about the monopoly maintenance claim. The Microsoft should continue. Which statement whether the settlement is in the public claim alleges that Microsoft engages in do you agree with? interest. We think that it is. various anti-competitive practices, the NT, U.S. economy and consumers would be I’m somewhat limited in what I can say the development of rival web browsers and better off id the issue where we settle as soon about the case because of the pendency of the lava. These products came to be known as
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middleware and was thought to pose a threat Over the course of those 11 years, the parties prohibit on commingling code. There is no to the operating system monopoly because entered into one consent decree and that just provision barring the commingling of they had the potential to become platforms ended up with a whole lot more litigation browser code with the operating code. for other software applications. over the terms of that consent decree. So, you’ve got areas where they can The court noted that the middleware threat I mention that because you take this retaliate. You don’t have the barring of this was nascent, that is to say that no one could settlement and its already being criticized by commingling of code. I mean, are these— predict when, if ever, enough applications some for the vagueness of its terms and its Fortune Magazine, Judge Bork and others would be written to middleware for it to loopholes. Judge Robert Bork warned that it’s justified in thinking there are too many significantly displace the operating system and I think I’m quoting him correctly, ‘‘likely loopholes here, notwithstanding the levels of monopoly. to guarantee years of additional litigation’’. enforcement. A few comments about the settlement Now, what kind of assurances can you give JAMES: Let me take your points in order— itself. In general terms, our settlement has or what kind of predictions can you give that first on the subject of retaliation. several important points that we think fully if this settlement is agreed to by the courts, Retaliation is a defined term in this decree. and demonstrably remedy the middleware that we’re going to see an end to this It’s a term that we are using to define a sort issues that were at the heart of the monopoly litigation, we’re going to have to stop this of conduct that Microsoft can engage in when maintenance claims, kind of merry go round of Microsoft litigation it engages in ordinary commercial In particular, are our decree contains a very concerning compliance or even the meanings transactions. I don’t think that there is any broad definition of middleware that of the consent decrees. I notice a lot of people scope in the bounds of this case to prohibit specifically includes a forms of platform in this room on both sides of issue. I have Microsoft from engaging in any form of software that have been identified as a feeling they are here solely because of their collaborative conduct with anyone in the potential operating system threats today and interest in government and not because and computer industry. Certainly, the types of likely to emerge as operating system threats not because the meter is running. collaborative conduct that are permitted, the in the future, in the broadest terms types of A lot of us would like to see this thing end, so-called ‘‘loopholes’’, are the type of contractual restrictions and exclusionary but why do you feel that this decree, this conduct that is permitted under standard arrangements the Court of Appeals found to settlement is so good that it’s going to end? Supreme Court law embodied in decisions be unlawful. JAMES: Well, Senator, that’s certainly a like broadcast music and NCAA, also The defense is in those prohibitions where legitimate question and I understand the embodied in the Federal Trade Commission- the appropriate nondiscrimination and non- spirit in which it was asked. One, I think, the Department of Justice joint venture retaliation provisions and it creates an facts of life is that one of the reasons we have guidelines that sanction forms of conduct, so environment which middleware developers so many antitrust lawyers and perhaps why that we think that antitrust lawyers certainly can create programs that compete with there are so many of them in this room, is can understand these types of issues and that Microsoft on a function—like function basis that firms with substantial market positions we think the courts can understand these to a regime of mandatory API documentation very often are the subject of appropriate types of issues. and disclosure. antitrust scrutiny and so it is with Microsoft JAMES: Secondly, with regard to your The most simple terms we believe our and so it should be. more particular point about commingling remedy will permit is the development and Our settlement here is a settlement that code—it’s certainly the case that the Court of deployment of middleware products without fear of retaliation or economic disadvantage. resolves a fairly complex piece of litigation. Appeals following upon the District Court That is what we believe and what the court It, by it’s terms, is going to be a complex decision found that Microsoft had engaged in found that consumers actually lost through settlement in as much as it does cover a an act of monopolization in that it Microsoft’s unlawful conduct and that is broad range of activities and has to look into commingled code for the purpose of what we think the consumers will gain the future prospectively in a manner that preventing the Microsoft browser from being through our remedy. With specific reference benefits consumers. Some of that consumer removed from the desktop. That’s certainly to what Mr. Barksdale said, if I may. I’ve not benefit certainly will come from the the finding of the Court of Appeals. reviewed Mr. Barksdale’s letter. I know that development of competing products. Some of Now, in the process of going through my in this particular situation with so much at that consumer benefit, however, will come preparations for this hearing, I went back and stake in this particular settlement that I’ve from competition from Microsoft as it moves looked at the Department of Justice position seen lots of hyperbolic statements. I certainly into other middleware products, et cetera. with regards to this throughout the course of wouldn’t necessarily characterize his in that We think that the terms of the decree are the case and even in the contempt vein without having read it in some detail. certainly enforceable. I think so much of proceeding involving the former (inaudible), I would note, however... what has been called a loophole are things it has always and consistently been the LEAHY: Mr. James, we’re going to give you that are carve-outs necessary to facilitate pro- Department of Justice’s contention that it did an opportunity to do that, because I want you competitive behavior and we certainly think not want to force Microsoft to remove code to look at it. You can feel free to call it that the enforcement power embodied in this from the operating system. They said that hyperbolic or however, but I would ask that decree, I would say an unprecedented level over and over again in every brief that’s been you and your staff look at his letter, which of enforcement power, three tiers of filed in this case. does raise some serious questions and I enforcement power, are sufficient to let the What the Department of Justice wanted would like to see what response you have for Department of Justice... was an appropriate as a remove functionality the record. LEAHY: But keep in mind that usually that would give consumers the choice JAMES: I will be happy to do so. these kinds of decrees, if it’s not specifically between middleware functionalities. That is And with that, I’d be happy to answer your laid out, the courts tend to decide the vague exactly the remedy we have here and we questions. questions against the government, not for. think it’s an effective remedy. LEAHY: Did you have more you wanted to Fortune Magazine called it and said even the We’ve gone beyond that particular aspect say on the letter before you... loopholes have loopholes, a pretty strong of this by including into our decree a specific JAMES: No, sir. I’m happy to respond to statement from a very pro-business magazine. provision that deals with the question of what you folks want to talk about. The settlement limits the types of defaults, in other words, the extent to which LEAHY: The Department of Justice has retaliation Microsoft can take against PC a Microsoft middleware—a non-Microsoft been involved in litigation against Microsoft manufacturers that want to carry or promote middleware product can take over and be for more than 11 years. I am one of those who non-Microsoft software, but some would say (inaudible) both automatically in place of a had hoped throughout that that the parties that gives a green light to other types of Microsoft middleware product. That’s might come to some conclusion. I think that retaliation. something that was not in the earlier decree. it’s in the best interest if you can have a fair Now, I don’t know why doesn’t the It’s a step beyond what was included in conclusion; it’s the best interests of the settlement ban all types of retaliation. It has Judge Jackson’s order. consumers, the government, Microsoft, no—the Court of Appeals, it said twice you We think that we have addressed the competitors and everybody else. commingle the browser and operating system product integration aspects of the Microsoft I have no problem with that, but that code you violate Section II of the Sherman monopoly made in this claim in exactly the presupposes the right kind of settlement. Act. The proposed settlement contains no terms that the department has always
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pursued with regard to that particular issue prevailing, I think, misconceptions of the We thought that this was an important and we’re completely satisfied with that decree. alternative platform issue. We thought it was aspect of the relief. The provisions of the decree that require important to stretch for relief in this area and LEAHY: Well, I will have a follow up on— Microsoft to allow a OEM placed middleware we did so and got, I think, relief that is very as you probably expect that my time is up product on the desktop apply without regard effective in preserving this as people go into and I want to yield to Senator DeWine. to whether or not that product has been an environment of more distributive web Actually, I have a follow up on the retaliation distributed to I million people. That is an processing. also, but I do appreciate your answer. absolute requirement. So, we think that that’s a very powerful Senator DeWine? The million-copy distribution provision thing and I think these are two issues that the DEWINE: Thank you, Mr. Chairman. relates solely to the question of when Department of Justice would have had a very, This case has certainly been very Microsoft must undertake these affirmative very difficult time sustaining in court to the controversial and inspired a great deal of obligations to create defaults, for example, for extent that the court was inclined to limit us discussion regarding the effectiveness of the a middleware product, to provide other types to the proof that we put forward, so I think antitrust laws, especially within the high of assistance to someone who has developed these are very positive manifestations of the tech industry. Netscape, for example, vocally that product. The fact of the matter is that settlement. opposed Microsoft during this litigation and this is something that requires a great deal of DEWINE: Thank you, Mr. Chairman. many of Netscape’s complaints really were work, particularly these complex matters of LEAHY: We’re checking one—and I validated by the courts. And yet, Netscape setting defaults, which is very important to mentioned this to Senator Kohl and Senator ended up losing battle. the competitive circumstances here. It would Sessions and Senator Cantwell (inaudible) This sort of result has led some to question be very difficult to impose upon Microsoft been here to answer questions. We’re finding whether our antitrust laws can be effective in the responsibility for making these out from the floor (inaudible) there may have this particular industry and I personally alterations to the operating system and been a (inaudible). Any senator has a right believe the antitrust laws are essential to making them for every subsequent release of under Senate rules to object to committees promoting competition within the industry the operating system to be automatic in the meeting more than two hours after the Senate and throughout the country. case of any software company that shows up goes in session. We’re on the farm bill and But I would like to hear what your views and says, ‘‘I have a product that competes’’. a number of appropriations and other central are on this subject. What lessons do you But I want to be very clear here, Senator. matters so that I’ve been told that a senator think this case teaches us in regards to that Every qualifying middleware product has objected, as every senator has a right to and what do we say to people like Netscape? without regard to how many copies its do, to its continuance. And as a result, the JAMES: Well, it’s certainly the case that distributed, an OEM can place that product good senator said they want us to, contrary our judicial system very often can provide a on the desktop immediately without regard to what is going on in the Senate floor, we crude tool for redressing particular issues have to respect the rules of the Senate. I do, to this I million threshold. And quite frankly, quickly. I would note that this particular case and we’re going to have to recess this hearing in today’s world, 1 million copies distributed was litigated on a very fast track and the at this time. I’m going to put into the record is not a substantial matter. I think in the last people at the Department of Justice ought to the statements of all those who have come year I might have gotten 1 million copies of be really commended for pushing this case here to testify. AOL 5.0 in the mail. along at even the speed that it’s taken, Senator Hatch and I will try and find a considering the comparable speed of other So, I don’t think that that’s really a very time we might reconvene this hearing cases. large impediment. because both Senator Hatch and I feel this is I think, however, that the case stands for DEWINE: Can I ask one last question? a very important hearing. Statements will be an important proposition and that is that the You’ve mentioned in a number of placed in the record. The record will be open Department of Justice is up to meeting the provisions the settlement will (inaudible) for questions that might be submitted. challenge, that it has the tools at its disposal beyond the four corners of a case. But I apologize to everybody. We did not to investigate unlawful conduct, to Microsoft agreed to these conditions anyway. anticipate this. With 100 senators, every so understand and appreciate the implications What are they and what is the goal of these often somebody exercises that rule. I of what complex technical matters involve, to provisions? emphasize, senators have the right to exercise bring the resources to bear in order to litigate JAMES: Well, I think one of the most that rule, especially when we’re in the last these cases to a successful conclusion and, important one is the default provision. As of three weeks of the session. I think we’re where appropriate, to reach a settlement the time of our original case, these going to break for Christmas Day, but we’re that’s in the public interest. middleware products were fairly simple, in the last three weeks of this session and I One of the things that I think is an operating in a fairly simple way. You went— think senator (inaudible) wants to make sure important issue to note here is that there is you clicked onto that product, you evoked senators pay attention to (inaudible). certainly a time difference between litigating that product and then you used it in HATCH: Mr. Chairman? a matter of individual liability and litigating whatever way was appropriate. LEAHY: Senator Hatch, we really a matter involving compliance with a term of In today’s world, software has changed. We technically out of time. a decree. see what they call a more ‘‘seamless user HATCH: Mr. Chairman, we are out of time. We think that the enforcement powers that interface user experience’’, and it’s necessary Any Senator can invoke a two-hour rule and are involved here are appropriate ones. We for people to operate deeply within the a senator has done that. Fortunately, I think think that enforcement by the Department of operating system on an integrated basis. it was against the finance committee markup Justice is the appropriate way to proceed in There were allegations that Microsoft today, but we reported out to bill anyway these matters and we’re confident that this overrode consumer choice in these default right within the time constraint. That’s where provides the sort of best mechanism for mechanisms in the case. With regard to each I went. dealing with a complex matter in complex and every one of those instances alleged by But both Senator Leahy and I apologize to circumstances. the Justice Department, the Justice the witnesses who put such an effort in being DEWINE: One provision of the proposed Department lost. The court found that count here today, because this is an important final judgment requires Microsoft to allow for Microsoft. Notwithstanding that as a hearing. These are important matters for both consumers or computer manufacturers to matter of fencing in and improving the nature sides, to all sides, I should say. There are not enable access to competing products. of this decree, we have included into this just two sides here, and these matters have However, to qualify for these protections, it issue the subject of defaults. a great bearing on just how positively must have had a million copies distributed Another important area, I think, is a impactful the United States is going to be in in the United States within the previous year. question of server interoperability and that’s these areas. So, I hope that we can reconvene This would seem to me to run contrary to a very, very important issue as we see going within a relatively short period of time and traditional antitrust philosophy promoting forward. If you go back and read the continue this hearing, because it is a very, new competition. Why are these protections complaint in this case, you will find the very important hearing and we apologize to limited to larger competitors? word ‘‘server’’ almost virtually never you that this happened. JAMES: I’m actually glad you asked that appears. There’s no sort of very specific LEAHY: It’s out of our hands, but I would question, Senator, because that’s one of the allegations that go to this. normally recess until tomorrow, but
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tomorrow we have this time for an executive youngest person ever to be confirmed to the Under that pressure, leaders of the group committee meeting of the Judiciary position of Assistant Attorney General in struggled to hold together a fragile alliance Committee to do as we’ve done many times charge of the Antitrust Division. Mr. Rule that was being led from Washington by Tom already, to vote out a large number of judges. continued as the Assistant Attorney General Miller, the attorney general of Iowa, and So, with that, we stand recessed. through the remainder of the Reagan Richard Blumenthal, the attorney general of (UNKNOWN): Mr. Chairman, just a matter Administration and for the first several Connecticut. Working from the headquarters of procedure. I am troubled by what I months of the George Bush, Sr. here of the National Association of Attorneys understand to be a decision to send this Administration. He received the Edmund J. General, the two were Joined by lower-level transcript to the court as an official document Randolph Award from the Department of lawyers from * other states, including New from Congress in the middle of a litigation Justice in 1988. Following his departure from York and California. that’s ongoing. I would think that anybody’s the Justice Department in 1989, Mr. Rule was After a conference call this afternoon, the statement that they gave could be sent to the a partner and head of the antitrust practice states agreed to have their newly hired court. Any senator can write a letter to the at the Washington, DC law firm of Covington lawyer, Brendan Sullivan, ask the judge for court. & Burling. more time to consider tile request. The LEAHY: I appreciate—we need to be... Mr. Rule has served as a distinguished decision was described as unanimous. (UNKNOWN): I haven’t studied it fully, but adjunct professor of law at American Pressing hardest for the delay were as a (inaudible) it troubles me to have a... University’s Washington College of Law. He representatives from California, Connecticut, LEAHY: That record is open to anybody was the inaugural chair of the Corporations, Massachusetts, Ohio and Wisconsin, who wants to send anything in. Senator Securities and Antitrust Practice Group of the according to one lawyer Involved in the case. Hatch and I have made that decision and that Federalist Society, and, from 1989–91, was Participants described the state officials as will be the decision of the committee. chair of the Economics Committee of the wary of accepting a deal before scrutinizing We stand in recess. ABA Antitrust Section. He is currently a the text of any proposed consent decree, (UNKNOWN): I will be recorded as member of the Advisory Board of BNA’s particularly in light of the history of the case. objecting. END NOTES: Antitrust & Trade Regulation Report and also ‘‘The last time I saw a public policy issue as ????—Indicates Speaker Unknown a member of the advisory boards of the important and difficult as Microsoft decided ——Indicates could not make out what was Washington Legal Foundation and the under impossible time constraints and being said. off mike—Indicates could not Landmark Legal Foundation. without a chance for adequate public review make out what was being said. Mr. Rule is included among the world’s was when California passed its electricity PERSON: PATRICK J LEAHY (94%); leading antitrust lawyers in the Chambers deregulation bill,’’ said Bill Lockyer, the EDWARD M KENNEDY (72%); JOSEPH R Global 2000–2001 listing. His biography California attorney general. ‘‘I’m not about to BIDEN (57%); DIANNE FEINSTEIN (56%); appears in Who’s Who in America. Who’s stand by and see that happen again.’’ RICHARD J DURBIN (55%); HIKE DEWINE Who in the East. Who’s Who in American It was an inartfully drawn consent decree (55%); ORRIN G HATCH (54%); STROH Law and similar publications. in 1994 that became the center of the initial THURMOND (54%); JOHN EDWARDS Mr. Rule has written extensively and is a lawsuit filed by the Justice Department (54%); ARLEN SPECTER (53%); JON L KYL frequent lecturer on a variety, of antitrust and against Microsoft. In that case, Microsoft was (53%); JEFF SESSIONS (52%); HITCH regulatory topics, and he contributes a accused of violating the terms of the decree MCCONNELL (51%); HERB KOHL (50%); regular column on antitrust issues to the by integrating its Internet Explorer browser RICHARD MICHAEL DEWINE (50%); Daily Deal. (See attached publications list.) software into its Windows operating system. ATTACHMENT 7 Mr. Rule received his JD in 1981 from the The company replied that it had done University of Chicago Law School and his nothing improper because the decree did not FRIED FRANK HARRIS SI??RIVER & BA, summa cure laude, in 1978 from JACO??SON explicitly constrain it from such integration. Vanderbilt University. He served as a law The state prosecutors today faced a Alphabetical Attorney Listing clerk for Chief Judge Daniel M. Friedman of Attorney D?? difficult legal calculation. Several of them the old United States Court of Claims (now were described as being skeptical of the Charles F. (Rick) Rule is a partner resident the Court of Appeals for the Federal Circuit). in Fried Frank’s Washington, DC and New proposed deal but also uncertain whether He is on the Visiting Committee for the they would be able to proceed as a group at York offices and head of the firm’s antitrust University of Chicago Law School. He is practice. He joined the firm in 2001. odds with the federal government. admitted to the bar in the District of A break between the states and the Justice Mr. Rule’s practice focuses on providing Columbia. U.S. and international antitrust advice to a Department would throw the cas?? uncharted variety, of high-profile corporations. ATTACHMENT 8 and .possibly ?? legal waters. No agreement counseling, structuring joint ventures The New York Times ca?? effect without the approval of a??ral (including business-to- business exchanges) FRIDAY, NOVEMBER 2, 2001 judge, and it is impossible to predict how and representing major corporations in By STEPHEN LABATON Judge Kollar-Kotelly might react to the connection with investigations by the U.S. WASHINGTON, Nov. 1—The 18 states concerns of the states. Department of Justice, the Federal Trade involved in tile government’s landmark Nor is it certain whether her approval of Commission and the European Commission. antitrust lawsuit against Microsoft rebuffed a settlement would prevent the states from Mr. Rule has represented clients such as Eli repeated request,’’ today by Microsoft and the proceeding with their own antitrust lawsuit Lilly & Company, Microsoft Corporation, US Justice Department to join the tentative against Microsoft To approve the proposed Airways Inc., WorldCom, Inc., the National settlement they reached a day earlier. deal struck with the Justice Department, Basketball Association, Goodyear Tire and Concluding a series of meetings in Judge Kollar-Kotelly would have to find that Rubber Co., and Air Products and Chemicals, Washington and cross-country telephone it was in the public interest. Inc. He has also been involved in the calls, the slate prosecutors instead agreed Today’s developments capped a antitrust clearance of some of the highest- among themselves to ask the federal judge remarkable week of behind-the scenes profile mergers in recent years, including overseeing tile case for time to examine the negotiations in Washington. For Microsoft, advising NYNEX in its merger with Bell details of the proposed deal. the main negotiator has been Charles F. Rule Atlantic (now known as Verizon The judge, Colleen Kollar-Kotelly of of Fried, Frank, Harris, Shriver & Jacobson, Communications) and serving as Exxon’s Federal District Court for the District of a former assistant attorney general in charge lead counsel in its successful merger with Columbia, has ordered the lawyers In the of antitrust during the Reagan administration, Mobil Oil Corporation (now known as case to appear before her on Friday morning where he got to know a young colleague ExxonMobil Corporation). to report progress in the mediation working on antitrust issues at the Federal Mr. Rule served as William Baxter’s special proceedings that she set up five weeks ago. Trade Commission named Charles’’ A. James. assistant, in 1982, in the Antitrust Division Today Microsoft and senior Justice Mr. James, the current head of the antitrust of the Department of Justice. He served as Department officials engaged with a mediator division, is leading the federal government’s acting head of the Division for almost half of in shuttle diplomacy, vigorously pressing the effort to settle the case. 1985 and was appointed to the job states to adopt the agreement, people News of the proposed settlement between permanently in late 1986, becoming the involved in the case said. Microsoft and the Justice Department
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propelled the company’s stock and account of the conversation might not have INCOME OR EXPENSES—Complete Either contributed to a broader rally in the markets. been reliable enough to justify filing an ethics Line 12 OR Line 13 Microsoft shares rose 6.4 percent, or $3.69, to complaint. 12. Lobbying Firms $61.84. But other industry executives and lobbyists INCOME relating to lobbying activities for Some of Microsoft’s largest competitors said they thought the conversation had this reporting period was: Less than voiced bitter disappointment about the terms occurred and would ask Judge Kollar-Kotelly $10,000 $10,000 or more $300,000.00 of the proposed deal and asserted that the to order an inquiry. Today Edward J. Black, Income nearest $20,000) company had used its political influence president of the Computer and Provide a good faith estimate, rounded to with a Republican administration to try to Communications Industry Association, a the nearest $20,000 of all lobbying related quickly put an end to the case. trade group whose members include many of income from the client (including all The rivals said that during court hearings Microsoft’s corporate adversaries, said he and payments to the registrant by any other entity that will be ‘‘required on the proposed other groups would be raising the incident as for lobbying activities on behalf of the client). settlement, they intended to provide part of a court proceeding to consider the 13. Organizations evidence of what they say was an improper merits of the settlement. EXPENSES relating to lobbying activities for discussion between a senior aide to Attorney ‘‘Something is very rotten here,’’ Mr. Black this reporting period were: Less than General John Ashcroft who had been a top stud. ‘‘Israelite is a recused official. He holds $10,000 official in the Republican Party and a Microsoft stock. He raised a lot of money Expenses (nearest $20,000) Republican lobbyist for AOL-Time Warner from Microsoft. He steered money into 14. REPORTING METHOD. Check box to that demonstrated Microsofts political critical states that helped win the election. indicate expense accounting method. See muscle. In a statement issued today, And then he takes action to help facilitate instructions for description of options. Representative John Conyers Jr., Democrat of getting Microsoft out of trouble in an Method A. Reporting amounts using LDA Michigan, also indicated he would be enforcement action.’’ definitions only examining that incident, word of which has Alter more than three years of litigation, Method B. Reporting amounts under section been circulating widely in recent days among repeated courtroom setbacks and failed 6033C0)(8) of the Internal Revenue Code lawyers, lobbyists and executives following settle- ly on whether an appeals court ruling Method C. Reporting amounts under section the case. m June was interpreted broadly or narrowly. 162(e) of the Internal Revenue Code The aide to Mr. Ashcroft, David Israelite, Some Legal scholars pointed to the prece- signature had been the political director of the dents establishing the standard that Date 8/5/99 Republican National Committee, which monopoly remedies should eliminate the Printed Name and Title G.O. Griffith, Jr. received hundreds of thousands of dollars monopoly, deny with innovation.’’ Managing from Microsoft during the 2000 presidential The tentative settlement would prohibit Page 1 of 2 campaign. Mr. Israelite, now Mr. Ashcroft’s Microsoft from entering into pricing deals Registrant Name: Barbour Griffith & Rogers deputy chief of staff, has recused himself and contracts with personal computer makers Client Name: Microsoft Corporation from any involvement in the Microsoft that effectively force them to favor Microsoft LOBBYING ACTIVITY. Select as many antitrust case because he owns 100 shares of prod- codes as necessary to reflect the general Microsoft stock. ATTACHMENT 9 issue areas in which the registrant The 1obbyist involved in the discussion engaged in lobbying on behalf of the Clerk of the House of Representative client during the reporting period. Using was said to be Wayne Berman, who is also Secretary of the Senate a top Republican fundraiser. a separate page for each code, provide Legislative* Resource Center information as requested. Attach According to the notes of a person briefed Office of Public Records about the conversation on Oct. 9, the day it additional page(s) as needed. B–106 Cannon Building * 15. General issue area code CPI (one per is said. to have occurred, Mr. Israelite called 232 HartBuilding Mr. Berman. page) Washington, DC 20515 16. Specific Lobbying issues ‘‘Are you guys behind this business of the Washington, DC 20510 states hiring their own lawyers in the H.R. 775, Y2K Act, RECEIVED S.314, Small Business Year 2000 Readiness Microsoft case?’’ Mr. Israelite asked Mr. 99 AUG–9 PM 2:38 Berman in the predawn conversation, Act, OFFICE OF THE CLERK In connection with the Justice Department’s according to the notes. ‘‘Tell your clients we U.S. HOUSE OF REPRESENTATIVES Antitrust inquiry. 17. House(s) of wouldn’t be too happy about that.’’ LOBBYING REPORT Congress and Federal agencies contacted Mr. Israelite purportedly told the AOL Lobbying Disclosure Act of 1995 (Section ID Check if None lobbyist that the Supreme Court would 5)—All Filers Are Required to Complete House of Representatives probably deny a Microsoft appeal later in the This Page Senate day, as the court in fact did, clearing the way 1. Registrant Name Barbour Griffith & Rogers 18. Name of each individual who acted as a for the Justice Department to push hard for 2. Registrant Address lobbyist in this issue area a settlement with the company. According to Check if different than previously reported people who were later briefed on the Address Covered Official Posi- conversation by an AOL executive, Mr. 1275 Pennsylvania Avenue, NW Tenth Floor Name tion (if applicable) Israelite then complained that AOL, a leading City Washington State/Zip (or Cottony) DC Microsoft rival, had been trying to 20004 New ‘‘radicalize’’ the states to oppose a settlement. 3. Principal Place of Business (if different Barbour, Haley ...... No In recent interviews, both Mr. Israelite and from line 2) Griffith, Jr., G.O...... No Mr. Berman denied that they had had any City State/Zip (or Country) Monroe, Loren ...... No conversations about the Microsoft case or 4. Contact Name Will Milligan Rogers, Ed ...... No that they had talked at all that day. Telephone (202)–661–6320 Thompson, Brent ...... No ‘‘I find it offensive if someone has E-mail (optional) [email protected] suggested that I violated the terms of my 5. Senate ID # 5357–416 19. Interest of each foreign entity in the recusal, because I take that very seriously,’’ 6. House ID # 31564040 specific issues listed on line 16 above Mr. Israelite said. 7. Client Name Self Microsoft Corporation Check if None But an AOL executive said he was notified TYPE OF REPORT Printed Name and Title G.O. Griffith, Jr. by Mr. Berman about his conversation with 8. Year 1999 Midyear (January 1-June 30) ?? Managing Partner Mr. Israelite on Oct. 9, the day it was said OR Year End (July I-December 31) ?? Date 8/5/99 to have occurred. Nevertheless, this 9. Check if this filing amends a previously executive and others at AOL said that upon filed version of this report ?? ATTACHMENT 10 re-examination of Mr. Berman’s initial 10. Check if this is a Termination Report Clerk of the House of Representatives description of the conversation with Mr. Termination Date Legislative Resource Center Israelite, the company concluded that the 11. No Lobbying Activity ?? B–106 Cannon Building
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Washington, DC 20515 page for each code, provide information payment to the registrant by any other emily Secretary of the Senate as requested. Attach additional page(s) as for lobbying activities on behalf of the client). Office of Public Records needed. 13. Organizations 232 Hart Building 15. General issue area code LAW (one per EXPENSES relating to lobbying activities for Washington, DC 20510 page) this reporting period were: LOBBYING REPORT 16. Specific Lobbying issues Less than $ 10,000 Lobbying Disclosure Act of I995 (Section 5)— H.R. 775, Y2K Act, $10,000 or more $ All Filers Are Required to Complete This S.314, Small Business Year 2000 Readiness Expenses (nearest $20,000) Page Act, 14. REPORTING METHOD. Check box to 1. Registrant Name Barbour Griffith & Rogers In connection with the Justice Department’s indicate expanse accounting method. Sec 2. Registrant Address Antitrust inquiry. instructions for description of options. Check if different than previously reported 17, House(s) of Congress and Federal Method A. Reporting amounts using LDA Address agencies contacted definitions only 1275 Pennsylvania Avenue, NW Tenth Floor Check if None Method B Reporting amounts under section City Washington state/zip (or Country) DC 18. Name of each individual who acted as a 6033(b)(81 of the Internal Revenue Code 20004 lobbyist in this issue area Method C. Reporting amounts under section 3. Principal Place of Business (if different 162(c)of the Internal Revenue Code from line 2) Covered Official Posi- Signature— City State/Zip (or Country) Name tion (if applicable) Primed Name and Title G.O. Griffith, Jr.— 4. Contact Name Evan Rikhye Chief Operating Officer Telephone 202–333–4936 New Dale 8/12/20(10 E-mail (optional) Registrant Name: Barbour Graffity & Rogers, 5. Senate ID # 5357–416 19. Interest of each foreign entity in the Inc. 7. Clint Name Self Microsoft Corporation specific issues listed on line 16 above Client Name: Microsoft Corporation 31564040 Check if None LOBBYING ACTIVITY. Select as many codes TYPE OF REPORT Signature as necessary to reflect the general issue 8. Year 1999 Midyear (January 1–June 30) Printed Name and Title G.O. Griffith, Jo.— areas in which the registrant engaged in 9. Check if this filing amends a previously Managing Partner lobbying on behalf of the client during filed version of this report Date 01/13/2000 the reporting period. Using a separate 10. Check if this is a Termination Report page for each code, provide information Termination Date ATTACHMENT 11 as requested. Attach additional page(s) as OR Clerk of the 11ouse of Representatives needed. Year End (July 1–December 3 I) Secretary of the* Senate 15. Gelleral issue area code IMM (one per 11. No Lobbying Activity Legislative Resource Center page) INCOME OR EXPENSES—Complete Either Office of Public Records 16. Specific Lobbying issues Line 12 OR Line 13 B–106 Cannon Building H.R. 3767, Visa Waiver Permancent Program 12. Lobbying Firms 232 Hart Building Act, INCOME relating to lobbying activities for Washington, 20515 17. House(s) of Congress and Federal this reporting period was: Washington. DC 20510 agencies contacted Less than $10,000 LOBBYING REPORT Check if None $10,000 or more $ Lobbying Disclosure Act of 1995 (Section IIouse of Representatives $320,000.00 5)—All Filers Are Required to Complet?? Senate Income (nearest 520,000) 1. Registrant Name Barbour Griffith & Rogers, 18. Name cfr each individual who acted a Provide a good faith estimate, rounded to Inc. lobbyist in this issue area the nearest $20,000 of all lobbying related 2. Address Griffith, Jr., G.O. income from the client (including all Check if different than previously reported Rogers, Ed. payments to the registrant by any other entity 1275 Pennsylvania Avenuc, NW, Tenth Barbour, Ilnley for lobbying activities on behalf of the client). Floor, Washington DC 20004 Monroc, Loren Signature 3. Principal Place of Business (if different Thompson, Brent Printed Name and Title G.O. Griffith, Jr.— form line 2) Covered Official Position (if applicable) Managing Partner /Zip (or Country) 19. Interest of each foreign entity in the 13. Organizations 4. Contact Name Evan Rikhye specific issues issue on line.. 16 above ?? EXPENSES relating to lobbying activities for Telephone 202–333–4936 Check if None this reporting period were: E-mail (optional) Signature Less than $10,000 Client Name Self Microsoft Corporation Printed Name and Title —G.O. Griffith, Jr..- $10,000 or more $ 5. Senate ID# 5357416 Chief Operating Officer Expenses (nearest $20,000) 6. House ID #. 31564040 Date 8/12/2000 14. REPORTING METHOD. Check box to TYPE OF REPORT Registrant Name: Barbour Griffith & Rogers, indicate expense accounting method. See 8. Year 2000 . Midyear (January 1–June 30) Inc. instructions for description of options. OR Year End (July 1–December 31) Client. Name: Microsoft Corporation Method A. Reporting amounts using LDA 9. Check if this filing amends a previously LOBBYING ACTIVITY. Select as many codes definitions only filed version of this report as necessary to reflect the general issue Method B. Reporting amounts under section 10. Check if this is a Termination Report ?? areas in which the registrant engaged in 6033(bX8) of ?? Termination Date lobbying on behalf of the client during the Internal Revenue Code 11. No Lobbying Aetivity the reporting period. Using a separate Method C. Reporting amounts under section INCOME OR EXPENSES—Complete Either page for each code, provide information 162(e) of the Line 12 OR Line 13 as requested. Attach additional page(s) as Internal Revenue Code 12. Lobbying Firms needed. Date 01/13/2000 INCOME; relating to lobbying activities for 15. General issue area code LAW (one per Registrant Name: Barbour Griffith & Rogers this reporting period was: page) Client Name: Microsoft Corporation Less than $10,000 16. Specific Lobbying issues Monitor The LOBBYING ACTIVITY. Select as many codes $10,000 or more $300,000.00 Justice Department’s Antitrust inquiry. as necessary to reflect the general issue Income (nearest $20,000) 17. House(s) of Congress and Federal areas in which the registrant engaged in Provide a good faith estimate, rounded to agencies contacted lobbying on behalf of the client during the nearest $20,000 of all lobbying related Check if None the reporting period. Using a separate income from the client (including all House of Representatives
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Senate Check if different than previously reported Covered Official Posi- 18. Name of each individual who acted as a Principal Place of Business (if different from Name tion (if applicable) lobbyist in this issue area line 2) City State/Zip (or Country) Griffith, Jr. G.O...... No Name Covered official Posi- 4. Contact Name Evan Rikhye Rogers, Ed ...... No tion (if applicable) Telephone 202–333–4936 Barbour, Haley ...... No E-mail (optional) Monroe, Loren ...... No New 5. Senate ID # 5357–416 6. House ID # Thompson, Brent ...... No Griffith, Jr., G.O...... No 31564040 Rogers, Ed ...... No 7. Client Name Self Microsoft Corporation 19. Interest of each foreign entity in the Barbour, Haley ...... No TYPE OF REPORT specific issues listed on line 16 above Monroc, Loren ...... No Check if None Thompson, Brent ...... No 8. Year 2000 Midyear(January 1–June30) Year End(July 1–December31) Signature OR Printed Name and Title G.O. Griffith, Jr.— 19. Interest of each foreign entity in the Chief Operating Officer specific issues listed on line 16 above ?? 9. Check if this filing amends a previously flied version of this report Date 2/14/2001 Check if None Registrant Name: Barbour Griffith & Rogers, 10. Check if this is a Termination Report Signature Inc. Termination Date Printed Name and Title G.O. Griffith, Jr.— Client Name: Microsoft Corporation 11. No Lobbying Activity Chief Operating Officer LOBBYING ACTIVITY. Select as many codes Date 8/12/2000 INCOME OR EXPENSES—Complete Either as necessary to reflect the general issue Registrant Name: Barbour Griffith & Rogers, Line 12 OR Line 13 areas in Which the registrant engaged in Inc. 12. Lobbying Firms lobbying on behalf of the client during Client Name: Microsoft Corporation —. INCOME relating to lobbying activities for the reporting period. Using a separate LOBBYING ACTIVITY. Select as many codes this reporting period was: page for each code, provide information as necessary to reflect the general issue Less than $10,000 as requested. Attach additional page(s) as areas in which the registrant engaged in $10,000 or more $ $240,004).00 needed. lobbying on behalf of the client during Income (heart $20.000) 15. General issue area code TRD (one per the reporting period. Using a separate Provide a good faith estimate, rounded to the page) page for each code, provide information nearest $20,000 of all lobbying related 16. Specific Lobbying issues as requested. Attach additional page(s) as income from the client (including all H.R. 4444., US-China Trade Relations Act of needed. payments to the registrant by any other 2000, 15. General issue area code TRD (one per entity for lobbying activities on behalf of 17. House(s) of Congress and Federal page) the client). agencies contacted 16. Specific Lobbying issues 13. Organizations Check if None H.R. 4444, US. China Trade Relations Act of EXPENSES relating to lobbying activities for House of Representatives 2000, this reporting period were: Senate 17. House(s) of Congress and Federal Less than $10,000 18. Name of each individual who acted as a agencies contacted lobbyist in this issue area Check if None $10,000 or more $ House of Representatives Expenses (nearest $20,000) 14. REPORTING METHOD. Check box to Covered Official Posi- Senate Name tion (if applicable) 18. Name of each individual who acted as a indicate expense accounting method. See lobbyist in Otis issue area instructions for description of options. Method A. Reporting amounts using LDA New definitions only Griffith: Jr., G.O...... No Covered Official Posi- Rogers, Ed ...... No Name Method B. Reporting amounts under section tion (if applicable) Barbour, Haley ...... No 6033(b)(8) of the Internal Revenue Code Thompson, Brent ...... No Griffith, Jr. G.O...... No Method C. Reporting amounts under section Rogers, Ed ...... No 162(e) of the Internal Revenue Code 19. Interest of each foreign entity in the * Barbour, Haley ...... No Signature specific issues listed on line 16 above Thompson, Brent ...... No Date 2/14/2001 Check None Printed Name and Title G.O. Griffith, Jr.— Signature 19. Interest of each foreign entity in the Chief Operating Officer Printed Name and Title G.O. Griffith, Jr. specific issues listed on line 16 above ?? Registrant Name: Barbour Griffith & Rogers, -Chief Operating Officer Check if None Inc. Date 2/14/2001 Signature Client Name: Microsoft Corporation Registrant Name: Barbour Griffith & Rogers, Printed Name and Title G.O. Griffith, Jr.— LOBBYING ACTIVITY. Select as many codes Inc. Chief Operating Officer as necessary to reflect the general issue Client Name: Microsoft Corporation Date 8/12/2000 areas in which the registrant engaged in LOBBYING ACTIVITY. Select as many codes ATTACHMENT 12 lobbying on behalf of the client during as necessary to reflect the general issue Clerk of the House of Representatives the reporting period. Using a separate areas in which the registrant engaged in Secretary of the Senate page for each code, provide information lobbying on behalf of the client during Legislative Resource Center Office of Public as requested. Attach additional page(s) as the reporting period. Using a separate Records needed. page for each code, provide information B–106 Cannon Building Washington, DC 15. General issue area code LAW (one per as requested. Attach additional page(s) as 20515 page) needed. 232 Hart Building Washington, DC 205 10 16. Specific Lobbying issues Monitor the 15. General issue area code TRD (one per LOBBYING REPORT Justice Department’s Antitrust inquiry. page) Lobbying Disclosure Act of 1995 (Section 17. House(s) of Congress and Federal 16. Specific Lobbying issues 5)—All Filers Are Required to Complete agencies contacted H.R. 4444, US-China Trade Relations Act of This Page Check if None 2000, 1. Registrant Name Barbour Griffith & Rogers, House of Representatives 17. House(s) of Congress and Federal/ Inc. Senate agencies contacted Address 1275 Pennsylvania Avenue, NW, 18. Name of each individual who acted as a Check if None Tenth Floor Washington DC 20004 lobbyist in this issue area House of Representatives
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Senate expense $20,000 of all lobbying related CLIENT Lobbying firms file separate reports 18. Name of each individual who acted as a income from the client Sec instructions for for each client. An organization lobbyist in this issue area description of options. (including all employing in-house lobbyists indicates payments to the registrant by any other entity ‘‘Self.’’ Reporting amounts using LDA definitions 5. Name of Client Microsoft Corporation Name Covered Official Posi- tion (if applicable) only for lobbying activities on behalf of the INCOME OR EXPENSES Answer line 6 or client). amounts under section 6033(b)(8) of line 7 as applicable. New 14. REPORTING accounting method. Method 6. LOBBYING FIRMS. Income from the client Griffith: Jr., G.O...... No A. Method B. Reporting the Internal during the reporting period other than Rogers, Ed ...... No Revenue Code Method C. Reporting income unrelated to lobbying activities, Barbour, Haley ...... No amounts under section 162(c) of the was: Thompson, Brent ...... No Internal Revenue Code Less than S10,000 Signature $10,000 or more ?? 19. Interest of each foreign entity in the Date 8/14/2001 If $10,000 or more, provide a good faith specific issues listed on line 16 above Printed Name and Title G.O. Griffith, Jr.— estimate, rounded to the nearest $20,000, Check if None Chief Operating Officer of all income from the client during this Signature ATTACHMENT 14 reporting period. Include any payments Printed Name and Title G.O. Griffith, Jr.— Registrant Name: Barbour Griffith & Rogers, by any other entity for lobbying activities Chief Operating Officer Inc. on behalf of the client. Exclude income Date 2/14/2001 Client Name: Microsoft Corporation unrelated to lobbying activities. ATTACHMENT 13 LOBBYING ACTIVITY. Select as many codes Income $, 80,000 as necessary to reflect the general issue Total for year (if Year End report) $ 80, 000 Clerk of the House of Representatives areas in which the registrant engaged in 7. ORGANIZATIONS EMPLOYING IN- Legislative Resource Center lobbying on behalf of the client during HOUSE LOBBYISTS. Expenses incurred B–106 Cannon Building the reporting period. Using a separate in connection with lobbying activities Washington, DC 20515 Secretary of the Senate page for each code, provide information during the reporting period were: Office of Public Records as requested. Attach additional page(s) as Less than $10.000 232 Hart Building needed. $10.000 or more Washington, DC 20510 5. General issue area code LAW (one per If S 10,000 or more, provide a good faith LOBBYING REPORT page) estimate, rounded to the nearest $20,000, of Lobbying Disclosure Act of 1995 (Section 16. Specific Lobbying issues the total amount of all lobbying expenses 5)—All Filers Are Required to Complete Monitor the Justice Department’s Antitrust incurred by the registrant and its employees This Page inquiry. during this reporting period. 1. Registrant Name Barbour Griffith & Rogers, 17. House(s) of Congress and Federal Expenses $ Inc. agencies contacted Check if None Total for year (if Year End report) $ 2. Registrant Address House of Representatives Optional Expense Reporting Methods Cheek if different than previously reported Senate A. Registrants that report lobbying Address 1275 Pennsylvania Avenue, 18. Name of each individual who acted as a expenses under section 6033COX8) of the NW, Tenth Floor lobbyist in this issue area Internal Revenue C may provide a good faith City Washington State/Zip (or Country) DC Name estimate of the applicable amounts that 20004 Barbour, Haley would be required to be disclosed under 3. Principal Place of Business (if different Griffith, Jr., section 6033COX8) for the semiannual from line 2) Monroe, Loren reporting period, and may consider as City State/Zip (or Country) Rogers, Ed lobbying activities only those defined under 4. Contact Name Evan Rikbye Thompson, Brent section 4911(d) of the Internal Revenue Code Telephone 202–333–4936 Covered Official Position (if applicable) If selecting this method, check box and (i) E-mail (optional) New enter estimated amounts on the ‘‘Expenses’’ 5. Senate ID # 5357–416 No line above; or (ii) attach a copy of the IRS 6. HOUSE ID # 31564040 N0 Form 990 that includes this reporting period. 7. Client Name Self Microsoft Corporation Yes ?? TYPE OF REPORT No B. Registrants subject to section 162(e) of 8. Year 2001 Midyear (January 1-June 30) OR No the Internal Revenue Code may make* a good Year End (July 1–December 31) 19. Interest of each foreign entity in the faith estimate of all applicable amounts that 9. Check if this filing amends a previously specific issues listed on line 16 above would not be deductible under section 162(e) filed version of this report Check if None for the semiannual reporting period, and may 10. Check if this is a Termination Report Signature consider as lobbying activities only those Termination Date No Lobbying Activity Printed Name and Title G.O. Griffith, Jr.— activities the costs of which arc not INCOME OR EXPENSES—Complete Either Chief Operating Officer deductible pursuant to section 162(e). If Line 12 Or Line 13 Date. 8/14/2001 selecting this method, check box and enter 12. Lobbying Firms SECRETARY OF THE SENATE estimated amounts on the ‘‘Expenses’’ line 13. Organizations INCOME relating to CLERK OF THE HOUSE OF above. ?? lobbying activities for this reporting REPRESENTATIVES Clark & Weinstock EXPENSES relating to lobbying activities for LOBBYING REPORT Registrant Name this reporting Lobbying Disclosure Act (Section 5) Client Name Microsoft Corporation 1. Year 1997 LOBBYING ISSUES. On line 8 below, enter period was: period were: 2. Report type (check all that apply) me code for one general lobbying issue area Midyear(January 1–June 30) In which registrant engaged in lobbying Less than $10,000 ...... Less than Year End(July 1–December 31) activities for the client during this reporting $10,000 Amended report period (select applicable code from list in the $10,000 or more $ $10,000 or more Termination report instructions and on the reverse side offers $220,000.99. $ No activity (registration to remain In effect) LD-2, page I). For that general issue area only, ?? complete lines 9 through 12. If the registrant Income (nearest $20,000) REGISTRANT engaged in lobbying activities for the client Expenses (nearest $20,000) 3. Name of Registrant Clark & Weinstock in more than One general issue area use one Provide a good faith estimate, rounded to 4. Telephone number and contact name (212) Lobbying Report Addendum page for each the nearest METHOD. Check box to indicate 953–2550 Contact Anthony Ewing additional general issue
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s. General lobbying issue area code (enter If $10,000 or more, provide a good faith foreign entity in the specific lobbying one) CPI estimate, rounded to the nearest $20,000, of issues listed on line 9 above 9. Specific lobbying issues (include bill the total amount of all lobbying expenses This report includes Addendum pages. numbers and specific executive branch incurred by the registrant and its employees Signture actions) Support for Microsoft’s position during this reporting period. Printed Name and Title Harry W. Clark, across a wide range of issues, including Expenses S Managing Partner intellectual property rights,., taxes, Total for year (if Year End report) $. MTC–00030631—0819 encryption, and other matters * affecting the Optional Expense Reporting Methods ATTACHMENT 16 computer-software industry. A. Registrants that report lobbying MTC–00030631—0820 10. Houses of Congress and Federal expenses under section 6033(bX8) of the Clerk or the House of Representatives agencies coasted Internal Revenue Code may provide a good Secretary of the Senate ?? U.S. House of Representatives faith esti of the applicable amounts that Legislative Resource Center U.S. Senate would be required to be disclosed under Office of Public Records 11. Name and title of each employee who section 60330oX8) for the semiannual B-t06 Cannon Building acted as a lobbyist reporting period, may consider as lobbying 232 Hart Building ?? Via Weber, Partner ‘‘ activities only those defined under section Washington, DC 20515 Andrew Goldman, Managing Director 491 l(d) of the Internal Revenue Code. If Washington, DC 20510 Deirdre Stach, Director selecting this method, check box and (i) enter LOBBYING REPORT // Ed Kutler, Managing Director estimated amounts on the ‘‘Expenses’’ line Lobbying Disclosure Act of 1995 (Section Kent Knutson, Director above; or (ii) attach a copy of the IRS Form 5)—All Filers Are Required To Complete 12. For registrants identifying foreign entities 990 that includes this reporting period. ?? This Page in the Lobbying Registration (Form LD- B. Registrants subject to section 162(e) of 1. Registrant Name 1 line 12) or any updates: Interest of each the Internal Revenue Code may make a good Clark & Wainstock Inc. such foreign entity in the specific faith estimate of all applicable amounts that 2. Address Check if different than previously lobbying issues listed on line 9 above would not be deductible under section 162(o) reported This report includes Addendum pages. for the semiannual reporting Period, mad 1775 I Street, NW, Washington, DC 20006 Printed Name and Title Harry W. Clark III, may consider as lobbying activities only 3. Place of Business (if different from line 2) Managing Partner those activities the costs of which are not City: New York deductible pursuant to section 162(e). If State/Zip (or Country) NY ATTACHMENT 15 selecting this method, check box and e?? 4. Contact Name MTC–00030631—0817 estimated amounts on the ‘‘Expenses’’ line Tel(plume SECRETARY OF THE SENATE above. ?? E-mail (optional) CLERK OF THE HOUSE OF MTC–00030631—0818 5. Senate ID REPRESENTATIVE LOBBYING REPORT Registrant Name Clark & Weinstock Inc. Anthony Ewing Lobbying Disclosure Act (Section 5) Client Name Microsoft Corporation (212) 953–2550 1. Year 1998 LOBBYING ISSUES. On line 8 below, eater 9443–381 2. Report type (check all that apply) Midyear the coat for one general lobbying area in 6. House ID # (January 1–June 30) Year End (July 1– which the registrant engaged in lobbying 7. Client Name Self December 31) activities for the client during this Microsoft Corporation Amended report ?? reporting period (select applicable code 31698027 Termination report from list in the instructions and on the TYPE OF REPORT No activity (registration to remain in effect) reverse side of Form LD-2, page 1.). For 8. Year 1998 Midyear (January l-June 30) [] ?? that general issue area only, complete OR Year End (July l-December 31) REGISTRANT lines 9-through 12. If the registrant 9. Chk if this filing amends a previously filed 3. Name of Registrant Clark & Weinstock Inc. engaged ha lobbying activities for the version of this report XX 4. Telephone number and contact name client in more than one general issue 10. Check if this is a Termination Report (212)953–2550 area, use one Lobbying Report Termination Date Contact Anthony Ewing Addendum page for each additional 11. No Lobbying Activity CLIENT Lobbying firms file separate reports general issue area— INCOME OR EXPENSES—Complete Either for each client. An organization 8. General lobbying issue area coda (enter Line 12 OR Line 13 employing in-house 1obbyists indicates one) , CPI 12. Lobbying Firms ‘‘Self.’’ 9. Specific lobbying issues (include bill 13. Organizations 5. Name of Client Microsoft Corporation numbers and specific executive branch INCOME relating to lobbying activities for INCOME OR EXPENSES Answer line 6 or actions) this reporting line 7 as applicable. Support of Microsoft’s position across a EXPENSES relating to lobbying activities for 6. LOBBYING FIRMS. Income from the client wide range of issues, including intellectual this reporting period was: period were: during the reporting period, other than property rights, taxes, encryption, and. other Less than $10,000 income unrelated to lobbying activities, matters affecting the computer software $10,000 or more was: industry;.’’ Less than $ 10,000 Less than $10,000 (HR3736, S.1723, S.2107) $10,000 or more $ 220,000 $10,000 or more (HR2368, HR2372,’HR2991) Expenses If $10,000 or more, provide a good faith 10. Houses of Congress and Federal agencies (nearest ??20.000) estimate, rounded to the nearest $20,000, of contacted Income (nearest S20.000b all income from the client during this U.S. House of Representatives 14. REPORTING METHOD. Check box to reporting period. Include any payments by U.S. Senate indicate expense accounting method. See any other entity for lobbying activities on 11. Name and fide of each employee who instructions for description of options. of behalf of the cheat Exclude income unrelated acted as a lobbyist all lobbying related income from the to lobbying activities. Vin Weber, Partner client (including all Income $ 160. 000 Andrew Goldman, Managing Director Provide a good faith estimate, rounded to Total for year (if Year End report) $ Ed Kutler, Managing Director the nearest $20.000, 7. ORGANIZATIONS EMPLOYING IN- Deirdre Stach, Director Method A. Reporting amounts using LDA HOUSE LOBBYISTS. Expenses incurred Kent Knutson, Director definitions only payments to the in connection with lobbying activities Mimi Simoneaux, Director registrant by any other entity for during the reporting period were: 12. For registrant identifying foreign entities lobbying activities on behalf of the Less than $10,000 ?? in the Lobbying Registration (Form LD- client). $10,000 or more ?? I, line 12) or any updates: Interest of each Method B. Reporting amounts under section
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6033(b)(S)of the Internal Revenue Code as requested. Attach additional page(s) as Operations, Export Financing, and Related Method C. Reporting amounts under section needed. Programs Appropriations Act of 1999; 162(e) of the Internal Revenue Code 15. General issue area code CPI (one per Department of Commerce, Justice and State, Signature page) The Judiciary and Related Agencies Printed Name and Title 16. Specific lobbying issues Appropriations for FY 1999) MTC–00030631—0821 Support of Microsoft’s position across a Registrant Name Clark & Wainstock Inc. wide range of issues, including intellectual 17 House(s) of Congress and Federal agencies Client Name Microsoft Corporation property rights, taxes, encryption, fast track contacted LOBBYING ACTIVITY. Select as many codes trade authority, normal trade relations, [] Check if None as necessary to reflect the general issue internet tax freedom, and other matters Senate areas in which the registrant engaged in affecting the computer software industry. House of Representatives lobbying on behalf of the client during (HR. 3736, 2368, 2372, 2991, 695, 947, 1689; 18. Name of each individual who acted as a the reporting period. Using a separate S. 2067, 405, 1260, 507, 1723; House/Senate lobbyist in this issue area page for each code, provide information Treasury Appropriations Act of 1999; Foreign
Name Covered Official Position (if applicable)
Ed Kutler ...... 8/95—8/97, Assistant to the Speaker of the House Of Representatives, Rep. Newt Gingrich(R-GA) Mimi Simoneaux ...... 1/96–1/97, Legislative Asst. for Rep. Billy Tauzin(R-LA) for Rep. Andrew Goldman ...... 1/97–2/98
Deirdre Stach Name and Title Harry W. Clark III, Managing 19 Interest of each foreign entity in the Vin Weber Partner specific listed on line 16 above 19 Interest of each foreign entity in the MTC–00030631—0823 Check if None specific issues listed on line 16 above ?? Registrant Name Clark & Weinstock Inc. Signature Check if None Client Name Microsoft Corporation Date Signature LOBBYING ACTIVITY. Select as many codes Printed Name and Title Date as necessary to reflect the general issue Registrant Name Clark & Weinstock Inc. Printed Name and Title areas in which the registrant engaged in Client Name Microsoft Corporation MTC–00030631_0822 lobbying on behalf of the client during Information Update Page—Complete ONLY Registrant Name Clerk f Weinstock Inc. the reporting period. Using a separate where registration information has Client Name Microsoft Corporation page for each code, provide information changed. Information Update Page. Complete ONLY as requested, Attach additional page(s) as 20 Client new address where registration information has needed. 21. Client new principal place of business (if changed. 15. General issue area code IMM (one per different from line 20) 20. Client new address page) City State/Zip (or Country) 21. Clienit new prinicipal of business (if 16. Specific lobbying issues 22. New general description of client’s different from line 20) Support of Microsoft’s position across a business or activities City wide range of issues, including intellectual LOBBYIST UPDATE State/Zip (or Country) property rights, taxes, encryption, fast tract 23. Name of each previously reported 22. New general description of client’s trade authority, normal trade relations, individual who is no longer expected to business or activitis internet tax freedom, and other matters act as a lobbyist for the client LOBBYIST UPDATE affecting the computer software industry. Kent Knutson 23. Name of each previously reported (HR. 3736, 2368, 2372, 2991, 695, 947, 1689; ISSUE UPDATE individual who is no longer expected to S. 2067, 405, 1260, 507, 1723; House/Senate 24. General lobbying issues previously act as alobbyist for the client Treasury Appropriations Act of 1999; Foreign reported that no longer pertain Kent Knutson Operations, Export Financing, and Related AFFILIATED ORGANIZATIONS ISSUE UPDATE Programs Appropriations Act of 1999; 25. Add the following affiliated 24. General lobbying issues previously Department of Commerce, Justice and State, organization(s) reported that no longer pertain The Judiciary and Related Agencies Name AFFLIATED ORGANIZATIONS Appropriations for FY 1999). Address 25. Add the following affiliated 17. House(s) of Congress and Federal Principal Place of organization(s) agencies contacted Business Name Check if None (city end state or country) Address Senate 26 Name of each previously reported Pricipal Place of Business House of Representatives organization that is no longer affiliated (city and state or country) 18. Name of each individual who acted as with the registrant or client 26. Name of each previously reported lobbyist in this issue are FOREIGN ENTITIES organization that is no longer affiliated 27 Add the following foreign entities with the registrant or client Covered Official Posi- Name FOREIGN ENTITIES Name tion (if applicable) Address 27 Add the following foreign entities Principal place of business Name Ed Kutler ...... 8/95—8/97 Assistant Amount of contribution Ownership Address to the Speaker of for lobbying activities Principal place of business the House of Rep- percentage Amount of contribute Ownership resentatives, Rep. (city and state or country) (city and since or country) Newt Gingrich (R– client for lobbying activities GA) 28 Name of each previously reported foreign percentage in Mimi Simoneaux ...... 1/96—1/97 Legisla- entity that no longer owns, or controls, client tive Asst. for Rep. or is affiliated with the register, client e: 28. Name of each previously reported foreign Billy Tauzin (R–LA) affiliated organization entity that no longer owns, or controls, Andrew Goldman ...... 1/97–2/98 Name and Title: Harry Clark III, Managing or is affiliated with the restraint, client Deirdre Stach. Partner e: Vin Weber. Registrant Name Clark & Weinstock Inc. affiliated organization Client Name Microsoft Corporation
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LOBBYING ACTIVITY. Select as many codes Support of Microsoft’s position across a Department of Commerce, Justice and State, as necessary to reflect the general issue wide range of issues, including intellectual The Judiciary and Related Agencies areas in which the registrant engaged in property rights, taxes, encryption, fast track Appropriations for FY 1999). lobbying on behalf of the client during trade authority, normal trade relations, 17. House(s) of Congress and Federal the reporting period. Using a separate internet tax freedom, and other matters agencies contacted page for each code, provide information affecting the computer software industry. as requested. Attach additional page(s) as (HR. 3736, 2368, 2372, 2991, 695, 947, 1689; Check if None needed. S. 2067, 405, 1260, 507, 1723; House/Senate Senate 15. General issue area code TAX (one per Treasury Appropriations Act of 1999; Foreign House of Representatives page) Operations, Export Financing, and Related 18. Name of each individual who acted as a 16. Specific lobbying issues Programs Appropriations Act of 1999; lobbyist in this issue area
Name Covered Official Position (if applicable
Ed Kutler ...... 8/95–8/97 Assistant to the Speaker of the House Of Representative, Rep. Newt Gingrich (R–GA) Mimi Simoneaux ...... 1/96–1/97 Legislative Asst. for Rep. Billy Tauzin (R–LA) Andrew Goldman ...... 1/97–2/98 Legislative Dir. for Rep. Billy tauzin (R–LA) Deirdre Stach .... Vin Weber
19. Interest of each foreign entity in the Address the reporting period. Using a separate specific issues listed on line 16 above Principal Place of Business page for each code, provide information Check if (city and state or country) as requested. Attach additional page(s) as None 26 Name of each previously reported needed. Signature organization that is no longer affiliated 15. General issue area code Date with the registrant TRD .. (one per page) Printed Name and Title or client 16. Specific lobbying issues Registrant Name Clark & Weinstock Inc. FOREIGN ENTITIES Client Name Microsoft Corporation 27. Add the following foreign entities Support of Microsoft’s position across a Information Update Page—Complete ONLY Name Wide range of issues, including intellectual where registration Information has Address property rights, taxes, encryption, fast track changed. Principal place of business trade authority, normal trade relations, 20 Client new address Amount of contributio internet tax freedom, and other matters 21. Client new principal place of business (if Ownership affecting the computer software industry. different from line 20) (city and share or country) (HR. 3736, 2368, 2372, 2991, 695, 947, 1689; State/Zip (or Country) for lobbying activities S. 2067, 405, 1260, 507, 1723; House/Senate 22. New general description of client’s percentage is Treasury Appropriations act of 1999; Foreign business or activities client Operations, Exporting Financing, and Related LOBBYIST UPDATE 28. Name of each previously reported foreign Programs Appropriation Act of 1999; 23. Name of each previously reported entity that no longer owns, or controls, Department of Commerce, Justice and State, individual who is no longer expected to or is affiliated with the registrant, client The Judiciary and Related Agencies act as a lobbyist for [,he client o: affiliated organization Appropriations for FY 1999). Kent Knutson Name and Title harry ISSUE UPDATE aging: Partner 17. House(s) of Congress and Federal 24. General lobbying issues previously Registrant Name. Clark & Weinstock Inc. agencies contacted reported that no longer pertain Client Name Microsoft Corporation [2] Check if None AFFILIATED ORGANIZATIONS LOBBYING ACTIVITY. Select as many codes Senate 25. Add the following affiliated as necessary to reflect the general issue House of Representatives organization(s) areas in which the registrant engaged in 18. Name of each individual who acted as a Name lobbying on behalf of the client during lobbyist in this issue area
Name Covered Official Position (if applicable
Ed Kutler ...... 8/95–8/97 Assistant to the Speaker of the House Of Representative, Rep. Newt Gingrich (R–GA) Mimi Simoneaux ...... 1/96–1/97 Legislative Asst. for Rep. Billy Tauzin (R–LA) Tauzin (R–LA) ...... 1/97–2/98 Legislative Dir. for Rep. Billy Andrew Goldman Deirdre Stach Vin Weber
19. Interest of each foreign entity in the different from line 20) AFFILIATED ORGANIZATIONS specific issues listed on line 16 above City 25. Add the following affiliated Check if None State /Zip (or Country) organization(s) Signature 22. New general description of client’s Name Date business or activities Address Printed Name and Title LOBBYIST UPDATE Principal Place of Business Registrant Name Clark & Weinstock Inc. 23. Name of each previously reported (city and state or country) Client Name Microsoft Corporation individual who is no longer expected to 26. Name of each previously reported Information Update Page—Complete ONLY act as a lobbyist for the client organization that is no longer affiliated where registration information has Kent Knutson with the registrant or client changed. ISSUE UPDATE FOREIGN ENTITIES 20. Client new address 24. General lobbying issues previously 27. Add the following foreign entities 21. Client new principal place of business (if reported that no longer pertain Name
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Address Registrant Name Clark & Weinstock Inc. internet tax freedom, and other matters Principal place of business Client Name Microsoft Corporation affecting the computer software industry. Amount of contribute: Ownership LOBBYING ACTIVITY. Select as many codes (HR. 3736, 2368, 2372, 2991, 695, 947, 1689; (city and since or country) as necessary to reflect the general issue S. 2067, 405, 1260, 507, 1723; House/Senate for lobbying activities areas in which the registrant engaged in Treasury Appropriations Act of 1999; Foreign percentage in lobbying on behalf of the client during Operations, Export Financing, and Related client the reporting period. Using a separate Programs Appropriations Act of 1999; 28. Name of each previously reported foreign page for each code, provide information Department of Commerce, Justice and State, entity that no longer owns, or controls, as requested, Attach additional page(s) as The Judiciary and Related Agencies or is affiliated with the registrant, client needed. Appropriations for FY 1999). e: 15. General issue area code BUD (.one per 17. House(s) of Congress and Federal affiliated organization page) agencies contacted gnature.. 16. Specific lobbying issues ?? Check if None Date Support of Microsoft’s position across a Senate dd Name and Title wide range of issues, including intellectual House of Representatives Clark III, Managing Partner property rights, taxes, encryption, fast track 18. Name of each individual who acted as a ..??-2 (Rev. 6/98) trade authority, normal trade relations, lobbyist in this issue area
Name Covered Official Position (if applicable)
Ed Kutler ...... 8/95—8/97 Mimi Simoneaux ...... 1/96—1/97 Legislative Asst. for Rep. Billy Tauzin(R–LA Andrew Goldman ...... 1/97—2/98 Legislative Dir. for Rep. Billy Tauzin (R–LA) Deirdre Stach Vin Weber
19. Interest of each foreign entity in the affiliated organization 12. Lobbying Firms specific issues listed on line 16 above ed Name and Title Harry 13. Organizations Check if None Clark III, Managing Partner INCOME relating to lobbying activities for Signature 0–2 (Rev. 6/98) this reporting Date ATTACHMENT 17 EXPENSES relating to lobbying activities for Printed Name and Title this reporting period was: period were: MTC–00030631 0830 MTC–00030631 0832 Less than $10,000 [] Less than $10,000 Registrant Name Clark & Weinstock Inc. RECEIVED $10,000 or more ?? ?? $ Client Name´o Microsoft Corporation ??ATIVE.?? $10,000 or more ?? ?? $ 220,000.00 Expenses Information Update Page—Complete ONLY 99 AUG 11 AM 10:51 (nearest $20,000) where registration information has Clerk of the House of Representatives Income (nearest $20,000) changed. Secretary of the Senate Legislative 14. REPORTING METHOD. Check box to 20. Client new address Resource Center indicate expense 21. Client new principal place o[ business (if Office of Public Records, B-106 Cannon Provide a good faith estimate, rounded to different from Line 20) Building, 232 Hart Building, the nearest $20,000, accounting method. See City Washington. DC 20515 Washington. DC instructions for description of options. State/Zip (or Country) 20510 of all lobbying related income from the client 22. New general description of client’s LOBBYING REPORT (including all business or activities Lobbying Disclosure Act of 1995 (Section Method A. Reporting amounts using LDA LOBBYIST UPDATE 5)—All Filers Are Required To Complete definitions only payments to the 23. Name of each previously reported This Page registrant by any other entity for individual who is no longer expected to 1. Registrant Name lobbying activities on behalf of the act as a lobbyist for the client Clark & Weinstock client). Kent Knutson 2. Address Check if different than previously Method B. Reporting amounts under section ISSUE UPDATE reported 6033(b)(8)of the Internal Revenue Code 24. General lobbying issues previously 1775 I Street, NW Suite 700, Washington, DC Method C. Reporting amounts under section reported that no longer pertain 20006 162(e) of the Internal Revenue Code AFFILIATED ORGANIZATIONS 3. Principal Place of Business (if different Signature 25. Add the following affiliated from line 2) Printed Name and Title Vic Fazio—Partner organization(s) City: New York ??-2 (REV, 6/98) Name State/Zip (or Country) NY 10017 MTC–00030631 0833 Address 4. Contact Name Registrant Name Clark &—Weinstock Principal Place of Business Telephone Client Name Microsoft Corp. (city end state or country) E-mail (optional) LOBBYING ACTIVITY. Select as many codes 26. Name of each previously reported 5. Senate D # as necessary to reflect the general issue organization that is no longer affiliated Cheryl Faunce (202) 261–4005 areas in which the registrant engaged in with the registrant or client [email protected] 9443—381 lobbying on behalf of the client during FOREIGN ENTITIES 7. Client Name Microsoft Corp ‘‘316–98027 the reporting period. Using a separate 27 Add the following foreign entities TYPE OF REPORT page for each code. provide information Name 8. Year 1999 Midyear (January 1–June 30) ?? as requested. Attach additional page(s) as Address OR Year End (July I-December 3l) needed. Principal place of business 9. Check if this filing amends a previously 15. General issue area code BUD (one per Amount of contributio?? Ownership filed version of this report page) (city and state or country) for lobbying Check if this is a Termination Report ?? ?? 16. Specific lobbying issues activities percentage i?? Termination Date. H.R. 2490, Treasury and General client 11. No Government Appropriations Act, 2000, 28. Name of each previously reported foreign Lobbying Activity ?? H.R 2606, Foreign Operations, Export entity that no longer owns, or controls, INCOME OR EXPENSES—Complete Either Financing, and Related Programs or is affiliated with the register, client e: Line 12 OR Line 13 Appropriations Act, 2000,
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H.R. 850, Security And Freedom through S. 1282, Treasury and General Government 17. House(z) of Congress and Federal Encryption (SAFE) Act, Appropriations Act, 2000, agencies contacted S. 1217, Departments of Commerce, State, Support of Microsoft’s position across a Check if None and Justice, the Judiciary and Related wide range of issues, including intellectual House of Representatives Agencies Appropriations Act, 2000. property rights, taxes, encryption, fast track Senate S. 1234, Foreign Operations, Export trade authority, normal trade relations, White House Financing, and Related Programs Internet tax freedom, and other matters 18. Name of each individual who acted as a Appropriations Act, 2000, affecting the computer software Industry. lobbyist in this issue area
Name Covered Official Position (if applicable) New
Bainwol Mitch ...... Ch of Staff, Sen. Mack Goldman, Andrew ...... Ch of Staff, Sen. Rep. Conf Kutler, Ed ...... Asst. to the Speaker, U.S. House Simoneaux ...... Dir of Rep. Tauzin Stach, Deirdre Stuart, Sandi ...... Asst. Sec. of Defense (DOD) Weber, Vin Fazio, Vic (Exec. Branch Member, U.S. House of Reps. Only).
19. Interest of each foreign entity in the as needed. S. 1282, Treasury and General Government specific issues listed on fine 16 above 15. General issue area code CPI (one per Appropriations Act, 2000, Check if None page) Support of Microsoft’s position across a Signature 16. Specific lobbying issues wide range of issues, including intellectual Date 8/9/99 H.R. 2490, Treasury and General property rights, taxes, encryption, fast track Printed Name and Title for vic Fazio— Government Appropriations Act—2000, trade authority, normal trade relations, partner H.R. 2606, Foreign Operations, Export internet tax freedom, and other matters MTC–00030631—0834 Financing, and Related Programs affecting the computer software industry; Registrant Name Clark & Weinstock Appropriations Act, 2000, Client Name Microsoft Corp. H.R. S50, Security And Freedom through 17. House(s) of Congress and Federal LOBBYING ACTIVITY. Select as many code Encryption (SAFE) Act, agencies contacted House of as necessary to reflect the general issue S. 1217, Departments of Commerce, State, Representatives areas in which the registrant engaged in and Justice, the Judiciary and Related ?? Check if None lobbying on behalf of the client during Agencies Appropriations Act, 2000, Senate the reporting period. Using a separate S. 1234, Foreign Operations, Export White House page for each code. provide information Financing, and Related Programs 18. Name of each individual who acted as a as requested. Attach additional page(z) Appropriations Act, 2000, lobbyist in this issue area
Name Covered Official Position (if applicable) New
Bainwol, Mitch ...... Ch of Staff, Sen. Mack Goldman, Andrew ...... Ch of Staff, Sen. Rep. Conf Kutler, Ed ...... Asst. to the Speaker, U.S. House Simoneaux Mimi ...... Leg Dir for Rep. Tauzin Stach, Deirdre Stuart, Saudi ...... Asst. Sec. of Defense (DOD) Weber, Vin Fazio, Vic (Exec. Branch Member, U.S. House of Reps Only).
19. Interest of each foreign entity in the 15. General issue area code TAX (one per S. 1282, Treasury and General Government specific issues listed on line 16 above page) Appropriations Act, 2000, ?? Check if None 16. Specific lobbying issues Support of Microsoft’s position across a Signature H.R. 2490, Treasury and General wide range of issues, including intellectual Date 8/9/99 Government Appropriations Act, 2000, property rights, taxes, encryption, fast track Printed Name and Title Vic Fazio—partner H.R. 2606, Foreign Operations, Export trade authority, normal trade relations, MTC–00030631 0835 Financing, and Related Programs Internet tax freedom, and other matters Registrant Name Clark g Weinstock Appropriations Act, 2000, affecting the computer software Industry. Client Name Microsoft CORP. H.R. 850, Security And Freedom through 17. House(s) of Congress and Federal LOBBYING ACTIVITY. Select as many codes as necessary to reflect the general issue Encryption (SAFE) Act, agencies contacted areas in which the registrant engaged in S. 1217, Departments of Commerce, State, Check if None lobbying on behalf of the client during and Justice, the Judiciary and Related House of Representatives the reporting period. Using a separate Agencies Appropriations Act, 2000, Senate page for each code, provide information S. 1234, Foreign Operations, Export White House as requested. Attach additional page(s) as Financing, and Related Programs 18. Name of each individual who acted as a needed. Appropriations Act, 2000, lobbyist in this issue area
Name Covered Official Position (if applicable) New
Bainwol Mitch ...... Ch of Staff, Sen. Mack Goldman, Andrew ...... Ch of Staff, Sen. Rep. Conf
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Name Covered Official Position (if applicable) New
Kutler, Ed ...... Asst. to the Speaker, U.S. House of Reps. Simoneaux, Mimi ...... Dir for Rep Tauzin Stach, Deirdre Stuart, Sandi ...... Asst. Sec. of Defense (DOD) Weber, Vin Fazio, Vic (Exec. Branch Member, U.S. House of Reps. Only).
19. Interest of each foreign entity in the 15. General issue area code CPI (one per S. 1282, Treasury and General Government specific issues listed on fine 16 above page) Appropriations Act, 2000, Check if None 16. Specific lobbying issues Support of Microsoft’s position across a Signature H.R. 2490, Treasury and General wide range of issues, including intellectual Date 8/9/99 Government Appropriations Act, 2000, property rights, taxes, encryption, fast track Printed Name and Title Vic Fazio—Partner H.R. 2606, Foreign Operations, Export trade authority, normal trade relations, Registrant Name Clark & Weinstock Financing, and Related Programs internet tax freedom, and other matters Client Name Microsoft Corp. Appropriations Act, 2000, affecting the computer software industry: LOBBYING ACTIVITY. Select as many code H.R.S50, Security And Freedom through 17. House(s) of Congress and Federal as necessary to reflect the general issue Encryption (SAFE) Act, agencies contacted areas in which the registrant engaged in S. 1217, Departments of Commerce, State, Check if None lobbying on behalf of the client during and Justice, the Judiciary and Related House of Representatives the reporting period. Using a separate Agencies Appropriations Act, 2000, Senate page for each code. provide information S. 1234, Foreign Operations, Export White House as requested. Attach additional page(z) Financing, and Related Programs 18. Name of each individual who acted as a as needed. Appropriations Act, 2000, lobbyist in this issue area
Name Covered Official Position (if applicable) New
Bainwol, Mitch ...... Ch of Staff, Sen. Mack Goldman, Andrew ...... Ch of Staff, Sen. Rep. Conf Kutler, Ed ...... Asst. to the Speaker, U.S. House of Reps, Simoneaux, Mimi ...... Leg Dir for Rep Tauzin Stach, Deirdre Stuart, Saudi ...... Asst. Sec. of Defense (DOD) Weber, Vin Fazio, Vic (Exec. Branch Member, U.S. House of Reps Only).
19. Interest of each foreign entity in the 15. General issue area code TAX (one per S. 1282, Treasury and General Government specific issues listed on line 16 above page) Appropriations Act, 2000, Support of Check if None 16. Specific lobbying issues Microsoft’s position across a wide range of Signature H.R. 2490, Treasury and General issues, including intellectual property rights, Date 8/9/99 Government Appropriations Act, 2000, taxes, encryption, fast track trade authority, Printed Name and Title Vic Fazio—Partner H.R. 2606, Foreign Operations, Export normal trade relations, interact tax freedom, Registrant Name Clark g Weinstock Client Financing, and Related Programs and other matters affecting the computer Name Microsoft CORP. Appropriations Act, 2000, software Industry. LOBBYING ACTIVITY. Select as many codes H.R. 850, Security And Freedom through 17. House(s) of Congress and Federal as necessary to reflect the general issue Encryption (SAFE) Act, agencies contacted areas in which the registrant engaged in S. 1217, Departments of Commerce, State, Check if None lobbying on behalf of the client during and Justice, the Judiciary and Related House of Representatives the reporting period. Using a separate Agencies Appropriations Act, 2000, Senate page for each code, provide information S. 1234, Foreign Operations, Export White House as requested. Attach additional page(s) as Financing, and Related Programs 18. Name of each individual who acted as a needed. Appropriations Act, 2000, lobbyist in this issue area
Name Covered Official Position (if applicable) New
Bainwol, Mitch ...... Ch of Staff, Sen. Mack Goldman, Andrew ...... Ch of Staff, Sen. Rep. Conf Kutler, Ed ...... Asst. to the Speaker, U.S. House of Reps., Simoneaux, Mimi ...... Leg Dir for Rep Tauzin Stach, Deirdre Stuart, Sandi ...... Asst. Sec. of Defense (DOD) Weber, Vin Weber, Vin Fazio, Vic (Exec. Branch Member, U.S. House of Reps. Only).
19. Interest of each foreign entity in the specific issues listed on line 16 above Check if None
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Signature 16. Specific lobbying issues S. 1282, Treasury and General Government Date 8/9/99 H.R. 2490, Treasury and General Appropriations Act, 2000, Support of Printed Name and Title Vic Fazio—Partner Government Appropriations Act, 2000, Microsoft’s position across a wide range of Registrant Name Clark & Weinstock Client H.R. 2606, Foreign Operations, Export issues, including intellectual properly rights, Name Microsoft Corp, Financing, and Related Programs taxes, encryption, fast track trade authority, LOBBYING ACTIVITY. Select as many codes Appropriations Act, 2000, normal trade relations, internet tax freedom, as necessary to reflect the general issue and other matters affecting the computer H.R. 850, Security And Freedom through areas in which the registrant engaged in software industry. Encryption (SAFE) Act, lobbying on behalf of the client during 17. House(s) of Congress and Federal the reporting period. Using a separate S. 1217, Departments of Commerce, State, agencies contacted ?? Check if None page for each code, provide information and Justice, the Judiciary and Related House of Representatives as requested. Attach additional page(s) as Agencies Appropriations Act, 2000, Senate needed. S. 1234, Foreign Operations, Export White House 15. General issue area code TMM (one per Financing, and Related Programs 18. Name of each individual who acted as a page) Appropriations Act, 2000, lobbyist in this issue area
Name Covered Official Position (if applicable) New
Bainwol, Mitch ...... Ch of Staff, Sen. Mack Goldman, Andrew ...... Ch of Staff, Sen. Rep. Conf Kutler, Ed ...... Asst. to the Speaker, U.S. House of Reps Simoneaux, Mimi ...... Leg Dir for Rep Tauzin Stach, Deirdre Stuart, Sandi ...... Asst. Sec. of Defense (DOD) Weber Vin Weber, Vin Fazio, Vic (Exec. Branch Member, U.S. House of Reps. Only).
19. Interest of each foreign entity in the End(July l-December31) ?? ?? Method B. Reporting amounts under specific issues listed on line 16 above Check if this filing amends a previously flied section 6033(b)(8) of the Internal Check if None version of this report ?? Revenue Code Signature Date 8/9/99 10. Check if this is a Termination Report ?? ?? Method C. Reporting amounts under Printed Name and Title Vic Fazio—Partner >> Termination Date 11. No Lobbying section 162(e) of the Internal Revenue ATTACHMENT 18 Activity Code Legislative Re-source Center INCOME OR EXPENSES—Complete Either Signature Office of Public Records Line 12 OR Line 13 Date 8/11/2000 B-106 Cannon Building 232 Hart Building 12. Lobbying Firms 13, Organizations Dated Name and Title Vin Weber-Partner Washington. DC 20515 Washington, DC INCOME relating to lobbying activities for MTC–00030631—0840 20510 this reporting Registrant Name: Clark & Weinstock LOBBYING REPORT EXPENSES relating to lobbying activities for Client Name: Microsoft Corp Lobbying Disclosure Act of 1995 (Section this reporting period was: Less than LOBBYING ACTIVITY. Select as many codes 5)—All Filers Are Required to Complete $10,000 ?? period were: Less than as necessary to reflect the general issue This Page?? $10,000 ?? areas in which the registrant engaged in 1. Registrant Name Clark & Weinstock $10,000 or more ?? >>$ lobbying On behalf of the client during 2. Address ?? Check if different than $280,000.00 the reporting period. Using a separate previously reported $10,000 or more 7’1 >>$ page for each code, provide information 1775 1 Street NW, Ste 700 Washington, DC Income (nearest S20.000) as requested. Attach additional page(s) as 20006 Expenses (nearest S20,000) needed. 3. Principal Place of Business (if different REPORTING METHOD. Check box to 15. General issue area code CPI (one per from line 2) indicate expense page) City of New York, State/Zip (or Country) Provide a good faith estimate, rounded to the 16. Specific Lobbying issues See attached City of New, State/Zip (or Country) NY 10017 nearest accounting method. See page. 4. Contact Name Lisa Simpson Microsoft instructions for description of options. 17. House(s) of Congress and Federal Corp $20,000 of all lobbying related income from agencies contacted Telephone 202–261–4025 316–98027 the client (including all payments to the Check if None E-mail (optional) [email protected] registrant by any other entity House of Representatives 5. Senate ID # 9443.381 ?? Method A. Reporting mounts using LDA Senate ‘‘YPE OF REPORT 8. Year 2000 definitions only for lobbying activities 18. Name of each individual who acted as a Midyear(January l-June30) ?? OR Year on behalf of the client). lobbyist in this issue area
Name Covered Official Position (if applicable) New
Kutler, Ed ...... No. Simoneaux, Mimi ...... No. Stach, Deirdre ...... No Weber, Vin ...... No Fazio, Vic Member, ...... U.S. House of Representatives ...... No Stuart, Sandi ...... Asst. Sec. of Defense, Legislative Branch Only ...... No
19. Interest of each foreign entity in the Check if None Date 8/11/2000 specific issues listed on line 16 above Signature Printed Name and Title Vin Weber- Partner
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Page 2 of 7 * H.R. 1714, To facilitate the use of copyright licensing and carriage of broadcast MTC–00030631—0841 electronic records and signatures in interstate signals by satellite. Page 3 of 7 Registrant Name: Clark & Weinstock or foreign commerce. MTC–00030631—0842 Client Name: Microsoft Corp Educated members of Congress regarding Registrant Name: Clark & Weinstock Description Data Microsoft’s position on instant Client Name: Microsoft Corp 16 Lobbying Issues messaging. LOBBYING ACTIVITY. Select as many codes Lobbied the following legislation dealing Educated members of Congress regarding as necessary to reflect the general issue with digital signatures: various Internet privacy issues, Lobbied areas in which the registrant ??ngaged in * H.R. 1572, To require the adoption and the following legislation dealing with lobbying on behalf of the client during utilization of digital signatures by clarifying hyperlinks to the Internet: the reporting period. Using a separate * S. 247, A bill to amend title 17, United Federal agencies and to encourage the page for each code, provide information States Code, to reform the copyright law with use of digital signatures in private sector as requested. Attach additional page(s) as respect to satellite retransmissions of needed. electronic transactions. broadcast signals, and for other purposes. * H.R. 1685, To provide for the recognition * H.R. 768, To amend title 17, United States 15. General issue area code GOV (one per of electronic signatures for the conduct Code, to reform the copyright law with page) of interstate and foreign commerce, to respect to satellite retransmissions of 16. Specific Lobbying issues Informed restrict the transmission of certain broadcast signals, and for other members of Congress regarding electronic mail advertisements, to purposes. Microsoft’s position on the Department authorize the Federal Trade Commission * H.R. 1027, To provide for the carriage by of Justice’s antitrust suit. to prescribe rules to protect the privacy satellite carriers of local broadcast station 17. House(s) of Congress and Federal of users of commercial Internet websites, signals, and for other purposes. agencies contacted ?? Check if None to promote the rapid deployment of * H.R. 1554, To amend the provisions of House of Representatives Senate broadband Internet services, and for title 17, United States Code, and the 8. Name of each individual who acted as a other purposes. Communications Act of I934, relating to lobbyist in this issue area
Name Covered Official Position (if applicable) New
Kutler, Ed ...... No Simoneaux, Mimi ...... No Stach, Deirdre ...... No Weber, Vin ...... No Fazio, Vic ...... Member, U.S. House of Representatives ...... No Stuart, ...... Sandi Asst. Sec. of Defense, Legislative Branch Only ...... No
19. Interest of each foreign entity in the 16. Specific Lobbying issues Lobbied the * H.R. 3983, To amend the Immigration and specific issues listed on line 16 above following legislation dealing with H1-B Nationality Act to promote a fairer and ?? Check if None ??ignature Date 8/11/2000 visas: more efficient means for using highly ??tinted Name and Title Vin Weber-Partner * S. 1563, A bill to establish the skilled workers, to improve the MTC–00030631—0843 Immigration Affairs Agency within the collection and use of H-1B Registrant Name: Clark & Weinstock Department of Justice, and for other Client Name: Microsoft Corp purposes. nonimmingrant fees, and for other ??OBBYING ACTIVITY. Select as many codes * H.R. 2687, To amend the Immigration purposes. as necessary to reflect the general issue and Nationality Act to establish a 5-year pilot 17. areas in which the registrant ??gaged in program under which certain aliens House(s) of Congress and Federal agencies lobbying on behalf of the client during completing a postsecondary degree in Contacted the reporting period. Using a separate mathematics, science, engineering, or ?? Check if None page for each code, provide information computer science are permitted to change House of Representatives as requested. Attach additional page(s) as nonimmigrant classification in order to Senate needed. remain in the United States for a 5.year Name of each individual who acted as a 15. General issue area code IMM (one per period for the purpose of working in one of lobbyist in this issue area page) those fields.
Name Covered Official Position (if applicable) New
Kutler, Ed ...... No Simoneaux, Mimi ...... No Stach, Deirdre ...... No Weber, Vin ...... No Fazio, Vic ...... Member, U.S. House of Representatives ...... No Stuart, ...... Sandi Asst. Sec. of Defense, Legislative Branch Only ...... No
19. Interest of each foreign entity in the as necessary to reflect the general issue Lobbied the following legislation dealing specific issues listed on line 16 above areas in which the registrant ??gaged in with Permanent Normal Trade Relations ?? Check if None lobbying on behalf of the client during (PNTR) with China: ??gnature the reporting period. Using a separate * H.J. Res. 57, Disapproving the extension Date 8/11/2000 page for each code, provide information of nondiscriminatory treatment (normal trade ??rated Name and Title Vin Weber- Partner as requested. Attach additional page(s) as relations treatment) to the products of the Page 5 of 7 needed. People’s Republic of China. MTC–00030631—0844 15. General issue area code TRD (one per * S. 2115, A bill to ensure adequate Registrant Name: Clark & Weinstock page) monitoring of the commitments made by the Client Name: Microsoft Corp 16. Specific Lobbying issues People’s Republic of China in its accession to ??OBBYING ACTIVITY. Select as many codes the World Trade Organization and to create
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new procedures to ensure compliance with agencies contacted Senate those commitments. ?? Check if None Name of each individual who acted as a 17. House(s) of Congress and Federal House of Representatives lobbyist in this issue area
Name Covered Official Position (if applicable) New
Kutler, Ed ...... No Simoneaux, Mimi ...... No Stach, Deirdre ...... No Weber, Vin ...... No Fazio, Vic ...... Member, U.S. House of Representatives ...... No Stuart, ...... Sandi Asst. Sec. of Defense, Legislative Branch Only ...... No
??Interest of each foreign entity in the Date 8/11/2000 Less than $10,000 ?? Less than $10,000 specific issues listed on line 16 above ??nted Name and Title Vin Weber- Partner ?? ?? Check if None ??nature Page 7 of 7 S10,000 or more ?? >> $ Date 8/11/2000 ATTACHMENT 19 $280,000.00 ??nted Name and Title Vin Weber- Partner $10,000 or more ?? >> $ 01 Fed-9 PM 2:46 Page 6 of 7 Income (nearest S20,000) Expenses (nearest Clerk of the House of Representatives, Registrant Name: Clark & Weinstock $20,000) Legislative Resource Center, B-106 Client Name: Microsoft Corp 14. REPORTING METHOD. Check box to ??formation Update Page , Complete ONLY Cannon Building, Washington, DC 20515 Secretary of the Senate??, Office of Public indicate expense Provide a good faith where registration information has estimate, rounded to the nearest changed. Records?? 232 Hart Building?? Washington, DC 20510 accounting method. See instructions for 20. Client new address description of options. $20,000 of all 21. Client new principal place of business (if LOBBYING REPORT Lobbying Disclosure Act of 1995 (Section lobbying related income from the client different from line 20) (including all payments to the registrant City State/Zip (or Country) 5)—All Filers Are Required to Complete This Page by any other entity 22. New general description of client’s ?? Method A. Reporting amounts using LDA business or activities 1. Registrant Name Clark & Weinstock 2. Registrant Address definitions only for lobbying activities LOBBYIST UPDATE on behalf of the client). ?? Method B. 23. Name of each previously reported ?? Check if different than previously reported Reporting amounts under section individual who is no longer expected to Address 1775 I Street NW, Ste 700 6033(b)(8) of the Internal Revenue Code act as a lobbyist for the client city Washington, Staler/Zip (or Country) DC ?? Method C. Reporting amounts under Bainwol, Mitch 20006 section 162(e) of the Internal Revenue ISSUE UPDATE 3. Principal Place of Business (if different Code 24. General lobbying issues previously from line 2) City New York, State/Zip (or reported that no longer pertain Country) NY 10017 Signature AFFILIATED ORGANIZATIONS 4. Contact Name Telephone E-mail (optional) Date 2/9/01 25. Add the following affiliated 5. Senate ID # ??Name and Title Vin Weber-Partner Page 1 organization(s) Lisa Simpson 202–261–4025 [email protected] of 7 Principal Place of Business 9443–381 Registrant Name: Clark & Weinstock Name 7. Client Name ?? Self Client Name: Microsoft Corp Address (city and state or country) Microsoft Corp316–98027 ??OBBYING ACTIVITY. Select as many codes 26. Name of each previously reported TYPE OF REPORT 8. year 2000 Midyear as necessary to reflect the general issue organization that is no longer affiliated (January 1-June 30) ?? OR Year End (July areas in which the registrant ??gaged in with the registrant or client 1-December 31) lobbying on behalf of the client during FOREIGN ENTITIES Check if this filing amends a previously filed the reporting period. Using a separate 27. Add the following foreign entities version of this report ?? page for each code, provide iformation as Principal Place of Business ?? Check if this is a Termination Report ?? requested. Attach additional page(s) as Amount of contribution for lobbying >> Termination Date 11. No Lobbying needed. activities Activity 71 15. General issue area code CPI (one per Ownership % in client INCOME OR EXPENSES-Complete Either page) Name Line 12 OR Line 13 16. Specific Lobbying issues See attached Address (city and state or country) 12. Lobbying Firms page. 28. Name of each previously reported foreign 13. Organizations 17. House(s) of Congress and Federal entity that no longer owns, or controls, INCOME relating to lobbying activities for agencies contacted ?? Check if None or is affiliated with the registrant, client, this reporting House of Representatives Senate or affiliated organization EXPENSES relating to lobbying activities for 18. Name of each individual who acted as a ??gnature this reporting period was: period were: lobbyist in this issue area
Name Covered Official Position (if applicable) New
Fazio, Vic ...... Members, U.S. House of Represenatives ...... No Kutler, Ed ...... No Simoneaux, Mimi ...... No Stach, Deirdre ...... No Stuart, Sandi ...... Asst. Sec. of Defense, Legislative Branch ...... No Urban, Anne ...... Legislative Director, Sen. Robert Kerry ...... Yes Weber, Vin ...... No
19. Interest of each foreign entity in the Check if None Printed Name and Title Vin Weber- Partner specific issues listed on line 16 above ?? Signature Date 2/9/01 Page 2 of 7
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Registrant Name: Clark & Weinstock Educated members of Congress regarding Educated members of Congress on the Client Name: Microsoft Corp Microsoft’s position on instant messaging. competition In the software market. Page 3 of Item Description Data Educated members of Congress regarding 7 Lobbying Issues Lobbied the following various Internet privacy issues. Registrant Name: Clark & Weinstock Client legislation dealing with digital Lobbied the following legislation dealing Name: Microsoft Corp with clarifying hyperlinks to the signatures: LOBBYING ACTIVITY. Select as many codes Internet: * H.R. 1572, To require the adoption and as necessary to reflect the general issue utilization of digital signatures by Federal * S. 247, A bill to amend title 17, United States Code, to reform the copyright law areas in which the registrant engaged in agencies and to encourage the use of digital lobbying on behalf of the client during signatures in private sector electronic with respect to satellite retransmissions of broadcast signals, and for other the reporting period. Using a separate transactions. purposes. page for each code, provide information * H.R. 1685, To provide for the recognition * H.R. 768, To amend title 17, United States as requested. Attach additional page(s) as of electronic signatures for the conduct of Code, to reform the copyright law with needed. 15. General issue area code GOV interstate and foreign commerce, to restrict respect to satellite retransmissions of (one per page) the t miss on of certain electronic mail broadcast signals, and for other advertisements, to authorize the Federal 16. Specific Lobbying issues purposes. Informed members of Congress regarding Trade Commission to prescribe rules to * H.R. 1027, To provide for the carriage by Microsoft’s position on the Department of protect the privacy of users of commercial satellite carriers of local broadcast Internet websites, to promote the rapid station signals, and for other purposes. Justice’s antitrust suit. deployment of broadband Internet services, * HR. 1554, To amend the provisions of 17. House(s) of Congress and Federal and for other purposes. title 17, United States Code, and the agencies contacted ?? Check if None * H.R. I714, To facilitate the use of Communications Act of 1934, relating to House of Representatives Senate electronic records and signatures in interstate copyright licensing and carriage of broadcast 18. Name of each individual who acted as a or foreign commerce. signals by satellite. lobbyist in this issue area
Name Covered Official Position (if applicable) New
Fazio, Vic Member, ...... U.S. House of Representatives ...... No Kutler, Ed ...... No Simoneaux, Mimi ...... No Stach, Deirdre ...... No Stuart, Sandi ...... Asst. Sec. of Defense, Legislative Branch Only ...... No Urban, Anne ...... Legislative Director, Sen. Robert Kerrey ...... Yes Weber, Vin ...... No
9. Interest of each foreign entity in the needed. remain in the United States for a 5-year specific issues listed on line 16 above ?? 15. General issue area code IMM (one per period for the Check if page) purpose of working in one of those fields. None 16. Specific Lobbying issues * H.R. 3983, To amend the Immigration Signature Lobbied the following legislation dealing and Nationality Act to promote a fairer and Date 2/9/01 with H1-B visas: Printed Name and Title Vin Weber—Partner * S. 1563, A bill to establish the more efficient means for using highly skilled Page 4 of 7 Immigration Affairs Agency within the workers, to improve the collection and use of Registrant Name: Clark & Weinstock Department of Justice, and for other H-1B nonimmigrant fees, and for other Client Name: Microsoft Corp purposes. purposes. LOBBYING ACTIVITY. Select as many codes * H.R. 2687, To amend the Immigration 17. House(s) of Congress and Federal as necessary to reflect the general issue and Nationality Act to establish a 5-year pilot agencies contacted areas in which the registrant ??engaged program under which certain aliens ?? Check if None House of Representatives in lobbying on behalf of the client during completing a postsecondary degree in Senate the reporting period. Using a separate mathematics, science, engineering, or 18. Name of each individual who acted as a page for each code, provide iformation as computer science are permitted to change lobbyist in this issue area requested. Attach additional page(s) as nonimmigrant classification in order to
Name Covered Official Position (if applicable) New
Fazio, Vic Member, ...... U.S. House of Representatives ...... No Kutler, ...... Ed No Simoneaux, Mimi ...... No Stach, Deirdre ...... No Stuart, Sandi ...... Asst. Sec. of Defense, Legislative Branch Only ...... No Urban, Anne ...... Legislative Director, Sen. Robert Kerrey ...... Yes Weber, Vin ...... No
19. Interest of each foreign entity in the as necessary to reflect the general issue 16. Specific Lobbying issues specific issues listed on line 16 above ?? areas in which the registrant ngaged in Lobbied the following legislation dealing Check if None lobbying on behalf of the client during with Permanent Normal Trade Relations Signature Date 2/9/01 the reporting period. Using a separate (PNTR) with China: Printed Name and Title Vin Weber- Partner page for each code, provide formation as * H.J. Res. 57, Disapproving the extension Page 5 of 7 requested. Attach additional page(s) as of nondiscriminatory treatment (normal trade Registrant Name: Clark & Weinstock needed. relations treatment) to the products of the Client Name: Microsoft Corp 15. General issue area code TRD (one per People’s Republic of China. LOBBYING ACTIVITY. Select as many codes page)
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* S. 2115, A bill to ensure adequate new procedures to ensure compliance with House of Representatives monitoring of the commitments made by the those commitments. Senate People’s Republic of China in its accession to 17. House(s) of Congress and Federal 18. Name of each individual who acted as a the World Trade Organization and to create agencies contacted ?? Check if None lobbyist in this issue area
Name Covered Official Position (if applicable) New
Fazio, Vic Member, ...... U.S. House of Representatives ...... No Kutler, Ed ...... No Simoneaux, Mimi ...... No Simpson, Lisa ...... No Stach, Deirdre ...... No Urban, Anne ...... Legislative Director, Sen. Robert Kerrey ...... Yes Weber, Vin ...... No
19. Interest of each foreign entity in the ATTACHMENT 20 or more ?? >>$ specific issues listed on line 16 above ?? Clerk of the House of Representatives Income (nearest $20.000) Check if Legislative Resource Center, B-106 Expenses (nearest $20.000) None Cannon Building, CENTER, Washington, 14. REPORTING METHOD. Check box to Signature Date 2/9/01 DC 20515 indicate expense ??inted Name and Title Vin Weber—Partner Secretary of the Senate, Office of Public Provide a good faith estimate, rounded to the Registrant Name: Clark & Weinstock Records, 232 Hart Building nearest accounting method. See Client Name: Microsoft Corp LEGISLATIVE-RESOURCE Washington, instructions for description of options. Information Update Page—Complete ONLY DC 20510 $20,000 of all lobbying related income from where registration information has ??2001 AUG 13 AM 11:48 the client (including all payments to the changed. LOBBYING REPORT ?? registrant by any other entity 20. Client new address Lobbying Disclosure Act of 1995 (Section ?? Method A. Reporting amounts using LDA 21. Client new principal place of business (if 5)—All Filers Are Required to Complete definitions only for lobbying activities different from line 20) City State/Zip (or This Page on behalf of the client). Country) 1. Registrant Name ?? Method B. Reporting amounts under Clark & Weinstock 22. New general description of client’s section 6033(b)(8) of the Internal 2. Registrant Address business or activities Revenue Code Check if different than previously reported ?? Method C. Reporting amounts under LOBBYIST UPDATE Address 1775 I Street NW, Ste 700 23. Name of each previously reported section 162(e) of the Internal Revenue City Washington, Sate/Zip (or Country) DC Code individual who is no longer expected to 20006 act as a lobbyist for the client Signature Date 8/9/01 3. Principal Place of Business (if different Printed Name and Title Vin Weber—Partner Simoneaux, Mimi from line 2) Page 1 of 9 ISSUE UPDATE City New York, State/Zip (or Count) NY Registrant Name: Clark & Weinstock 24. General lobbying issues previously 10017 Client Name: Microsoft Corp reported that no longer pertain Contact Name Lisa Simpson Telephone 202– LOBBYING ACTIVITY. Select as many codes AFFILIATED ORGANIZATIONS 261–4025 E-mail (optional) [email protected] 5. Senate ID # 9443–381 as necessary to reflect the general issue 25. Add the following affiliated areas in which the registrant engaged in organization(s) Principal Place of 7. Client Name Microsoft Corp ?? ?? Self 6 House ID # lobbying on behalf of the client during Business Name Address (city and state or the reporting period. Using a separate country) TYPE OF REPORT 8. Year 2001 Midyear (January 1-June 30) ?? OR Year End page for each code, provide information 26. Name of each previously reported as requested. Attach additional page(s) as organization that is no longer affiliated (July 1-December 31) ?? 9. Check if this filing amends a previously needed. with the registrant or client filed version Of this report ?? 15. General issue area code CPI (one per FOREIGN ENTITIES 10. Check if this is a Termination Report ?? page) 27. Add the following foreign entities >> Termination Date 11. No Lobbying 16. Specific Lobbying issues Principal Place of Business (city and state or Activity ?? See attached page. country) INCOME OR EXPENSES—Complete Either 17. House(s) of Congress and Federal Amount of contribution for lobbying Line 12 OR Line 13 agencies contacted ?? Check if None activities 12. Lobbying Firms Department of Commerce Ownership% Name Address in client 113. Organizations Department of Treasury 28. Name of each previously reported foreign INCOME relating to lobbying activities for Executive Office of the President entity that no longer owns, or controls, this reporting House of Representatives or is affiliated with the registrant, client, EXPENSES relating to lobbying activities for Office of the Vice President or affiliated organization this reporting period was: period were: Senate Signature Less than $10,000 ?? Less than $10,000 18. Name of each individual who acted as a Date 2/9/01 ?? lobbyist in this issue area Name Covered Printed Name and Title Vin Weber—Partner $10,000 or more ?? >>$ $240,000.00 $10,000 Official Position (if applicable)
Name Covered Official Position (if applicable) New
Bieron, Brian ...... Policy Director, House Rules Committee ...... Yes Fazio, Vic ...... No Gribben, Dave ...... Yes Kutler, Ed ...... No Matthews, Jim ...... Yes Morrison, Timonthy ...... Associate Director, Presidential Personnel ...... Yes Stach, Deirdre ...... No
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19. Interest of each foreign entity in the Signature Registrant Name: Clark & Weinstock specific issues listed on line 16 above ?? Date 8/9/01 Client Name: Microsoft Corp Check if None Printed Name and Title Vin Weber—Partner
Item Description Data
16 Lobbying Issues ...... Help develop strategy and company policies on privacy law, including matters related to Windows XP and .NET and instant messaging through the following legislation: H.R. 1017, Anti-spamming Act of 2001, to prohibit unsolicited e-mail know as spam S. 2606, Consumer Privacy Protection Act S. 197, Spyware Control Privacy Protection Act, to provide for the disclosure of the collection of informa- tion through computer software and for other purposes Intellectual Properties issues—providing cyber and intellectual property enformement: Senate Report 107–42 S. 1215, Departments of Commerce, Justice, State, Judiciary and related Agencies Approprations Act 2002
H.R. 2500, Departments of Commerce, Justice, State, Judiciary and related Agencies Approprations Act 2002
H. AMDT. 192 Walters Amendment, to provide that none of the funds designated for the Office of the U.S. Trade Representative may be used to initiate a proceeding in the WTO challenging any law or pol- icy of a developing country that promotes access to HIV/AIDS, pharmaceuticals or medical tech- nologies to the population of the country H. AMDT. 194 Walters Amendment 2, to prohibit use of funds to initiate a proceeding in the WTO chal- lenging any law of a country that is not a member of the OECD H. AMDT. 193 Kucinich Amendment, prohibits the use of funds in the bill to initiate a proceeding in the WTO challenging any law of a country that is not a member of the OECD relating to HIV/AIDS pharmaceuticals.
Registrant Name: Clark & Weinstock Client Name: Microsoft Corp
Item Description Data
18a Lobbyist Name ...... Stuart, Sand?? 18b Covered Official Position ...... 18c New Lobbyist ...... No 18a Lobbyist Name ...... Urban, Anne 18b Covered Official Position ...... Legislative Director, Sen. Robert Kerrey 18c New Lobbyist ...... No 18a Lobbyist Name ...... Weber, Vin 18b Covered Official Position ...... 18c New Lobbyist ...... No
Registrant Name: Clark & Weinstock as requested. Attach additional page(s) as 17. House(s) of Congress and Federal Client Name: Microsoft Corp needed. agencies contacted ?? Check if None LOBBYING ACTIVITY. Select as many codes 15. General issue area code GOV (one per House of Representatives as necessary to reflect the general issue page) Senate areas in which the registrant engaged in 16. Specific Lobbying issues Informed 18. Name of each individual who acted as a lobbying on behalf of the client during members of Congress regarding the reporting period. Using a separate Microsoft’s position on the Department lobbyist in this issue area page for each code, provide information of Justice’s antitrust suit.
Name Covered Official Position (if applicable) New
Bieron, Brian ...... Policy Director, House Rules Committee ...... Yes Fazio, Vic ...... No Gribbin, Dave ...... Yes Kutler, Ed ...... No Mathews, Jim ...... Yes Morrison, Timothy ...... Associate Director, Presidential Personnel ...... Yes Stach, Deirdre ...... No
19. Interest of each foreign entity in the Signature Page 5 of 9 specific issues listed on line 16 above ?? Date 8/9/01 Registrant Name: Clark & Weinstock Check if None Printed Name and Title Vin Weber- Partner Client Name: Microsoft Corp
Item Description Data
18a Lobbyist Name ...... Stuart, Sandi
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Item Description Data
18b Covered Official Position ...... 18c New Lobbyist ...... No 18a Lobbyist Name ...... Urban, Anne 18b Covered Official Position ...... Legislative Director, Sen. Robert Kerrey 18c New Lobbyist ...... No 18a Lobbyist Name ...... Weber, Via 18b Covered Official Position ...... 18c New Lobbyist ...... No
Registrant Name: Clark & Weinstock as requested. Attach additional page(s) as * H.R. 2149, To extend trade authorities Client Name: Microsoft Corp. needed. procedures with respect to reciprocal trade LOBBYING ACTIVITY. Select as many codes 15. General issue area code TRD (one per agreements as necessary to reflect the general issue page) 17. House(s) of Congress and Federal areas in which the registrant engaged in 16. Specific Lobbying issues agencies contacted ?? Check if None lobbying on behalf of the client during Lobbied the following legislation dealing House of Representatives Senate the reporting period. Using a separate with Trade Promotion Authority Act of 18. Name of each individual who acted as a page for each code, provide information 2001 lobbyist in this issue area
Name Covered Official Position (if applicable) New
Bieron, Brian ...... Policy Director, House Rules Committee ...... Yes Fazio, Vie ...... No Gribbin, Dave ...... Yes Kutler, Ed ...... No Mathews, Jim ...... Yes Morrison, Timothy ...... Associate Director, Presidential Personnel ...... Yes Stach, Deirdre ...... No
19. interest of each foreign entity in the Signature Page 7 of 9 specific issues listed on line 16 above ?? Date 8/9/01 Registrant Name: Clark & Weinstock Check if None Printed Name and Title Vin Weber- Partner Client Name: Microsoft Corp
Item Description Data
18a Lobbyist Name ...... Urban, Anne 18b Covered Official Position ...... Legislative Director, Sen. Robert Kerrey 18c New Lobbyist ...... No 18a Lobbyist Name ...... Weber, Vin 18b Covered Official Position ...... 18c New Lobbyist ...... No
Registrant Name: Clark & Weinstock FOREIGN ENTITIES Disclosure Act of 1995 (Section 5)—All Client Name: Microsoft Corp 27. Add the following foreign entities Filers Are Required To Complete This Page Information Update Page . Complete ONLY Principal Place of Business (city and state or Lobbying where registration information has country) 1. Registrant Name changed. Amount of contribution Covington & Burling 20. Client new address Ownership % in client 2. Address ?? Check if different than 21. Client new principal place of business (if Name for lobbying activities previously reported different from line 20) City State/Zip (or Address 1201 Pennsylvania Avenue, NW Country) 28. Name of each previously reported foreign 3. Principal Place of Business (if different 22. New general description of client’s entity that no longer owns, or controls, from line 2) business or activities or is affiliated with the registrant, client, City: Washington LOBBYIST UPDATE or affiliated organization State/Zip (or Country) DC 20004 23. Name of each previously reported Signature 4. Contact Name Stuart C. Stock individual who is no longer expected to Date 8/9/01 Telephone 202–662–5384 act as a lobbyist for the client Printed Name and Title Vin Weber—Partner E-mail (optional) ISSUE UPDATE Page 9 of 9 5. Senate ID # 11195–672 24. General lobbying issues previously MTC–00030631—0864 7. Client Name ?? Self ?? reported that no longer pertain 31827064 IMM ATTACHMENT 21 Microsoft Corporation AFFILIATED ORGANIZATIONS RECEIVED TYPE OF REPORT 8. Year 1998 Midyear 25. Add the following affiliated Clerk of the House of Representatives (January 1-June 30) ?? OR Year End (July organization(s) B-106 Cannon Building 232 Hart Building 1-December 31) ?? Principal Place of Business 98 AUG -7 am 9:51 9. Check if this filing attends a previously Name Legistive Resource Center, B-106 Cannon filed version of this report ?? Address (city and state or country) Building, CL?? Washington, DC 20515 10. Check if this is a Termination Report ?? 26. Name of each previously reported Office of Public Records, 232 Hart Building, ?? Termination Date organization that is no longer affiliated Washington, DC 20510 11. No Lobbying Activity ?? with the registrant or client LOBBYING REPORT INCOME OR EXPENSES—Complete Either
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Line 12 OR Line 13 ?? Method A. Reporting amounts using LDA areas in which the registrant ??ngaged hi 12. lobbying Firms definitions only payments to the lobbying on behalf of the client during 13. Organizations registrant by any other entity for tile reporting period. Using a separate INCOME relating to lobbying activities for lobbying activities on behalf of the page for each code, provide information this reporting lobbying activities for this client). as requested. Attach additional page(s) as reporting period was: Less than $10,000 ?? Method B. Reporting amounts under ?? section 6033(b)(8)of the Internal Revenue needed. EXPENSES relating to period were: Less than Code 15. General issue area code CPI (one per $10,000 ?? ?? Method C. Reporting amounts under page) $10,000 or more ?? ?? section 162(e) of the Internal Revenue 16. Specific lobbying issues $10,000 or more ?? ?? $ 40,000 Code Competition issues affecting computer Expenses (nearest $20, 000) Signature software industry. Income (nearest $20,000) Printed Name and Title Stuart C. Stock, 17. Houses) of Congress and Federal agencies 14. REPORTING METHOD. Check box to Partner contacted indicate expense accounting method. See LD-2 (REV. 6/98) ?? Check if None Senate instructions for description of options. Registrant Name Covington & Burling Provide a good faith estimate, rounded to Client Name Microsoft Corporation 18. Name of each individual who acted as a the nearest $20,000, of all lobbying related LOBBYING ACTIVITY. Select as many codes lobbyist in this issue area income from the client (including all as necessary to reflect the general issue
Name Covered Official Position (if applicable) New
Charles F. Rule
19. Interest of each foreign entity in the Electronic commerce matters relating to the reporting period. Using a separate specific issues listed on line 16 above international electronic signature proposals. page for each code, provide ??formation ?? Check if 17. House(s) of Congress and Federal as requested. Attach additional page(s) as None agencies contacted needed. Signature Date August 4, 1998 ?? Check if None 15. General issue area code CPT (one per Printed Name and Title Stuart C. Stock, Department of Commerce page) Partner 18. Name of each individual who acted as a 16. Specific lobbing issues Form LD-2 (Rev.6/98) Page 2 of 4 lobbyist in this issue area —Protection of intellectual property through Registrant Name Covington & Burling 19. Interest of each foreign entity in the proposed federal action. Client Name Microsoft Corporation specific issues listed on line 16 above ?? —Protection of intellectual property in World LOBBYING ACTIVITY. Select as many codes Check if None Signature Date August 4, 1998 as necessary to reflect the general issue Printed Name and Title Stuart C. Stock, Bank lending programs. areas in which the registrant engaged in Partner 17. Houses) of Congress and Federal agencies lobbying on behalf of the client during Form LD-2 (Rev.6/98) contacted the reporting period. Using a separate MTC–00030631—0868 ?? Check if None Senate page for each code, provide information Registrant Name Covington & Burling House of Representatives as requested. Attach additional page(s) as Client Name Microsoft Corporation Department of Commerce needed. LOBBYING ACTIVITY. Select as many codes Department of Treasury 15. General issue area code TRD (one per as necessary to reflect the general issue Office of Management and Budget page) areas in which the registrant engaged in 18. Name of each individual who acted as a 16. Specific lobbying issues lobbying on behalf of the client during lobbyist in this issue area
Name Covered Official Position (if applicable) New
E. Jason Albert Laurie C. Self
19. Interest of each foreign entity in the Covington & Burling Activity ?? specific issues listed on line 16 above ?? 2. Address ?? Check if different than INCOME OR EXPENSES—Complete Either Check if None previously reported. Line 12 OR Line 13 Signature 1201 Pennsylvania Avenue, NW 12. Lobbying Firms Date August 4. 1998 3. Principal Place of Business (if different 13. Organizations ??rinted Name and Title Stuart C. Stock, from line 2) INCOME relating to lobbying activities for Partner City: Washington this reporting period was: Less than Form LD-2 (Rev.6/98) State/Zip (or Country) DC 20004 $10,000 MTC–00030631—0869 4. Contact Name Stuart C. Stock EXPENSES relating to lobbying activities for ATTACHMENT 22 Telephone 202–662–5384 this reporting period were: Less than MTC–00030631—0870 Email (optional) $10,000 (Clerk of the House of Representatives, 5. Senate ID # 11195–672 $10,000 or more $60,000 Legislative Resource Center, 7. Client Name ?? Self $10,000 or more $ Secretary of the Senate, Office of Public 6. House ID # 31827064 Income (nearest $20,000) Records, 232 Hart Building, Washington, Microsoft Corporation Expenses (nearest $20.000) DU 20510 10 M 9:07 B-106 Canon ...... 318 Provide a good faith estimate, rounded to Building, Washington, DU 20515 TYPE OF REPORT 8. Year 1998 Midyear the nearest $20,000, of all lobbying related LOBBYING REPORT (January 1–June 30) ?? OR Year End ?? income for the client (including all payments Lobbying Disclosure Act of 1995 (Section 9. Check if this filing amends a previously to the registrant by any other entity for 5)—All Filers Are Required To Complete filed version of this report ?? lobbying activities on behalf of the client.) This Page. 10. Check if this is a Termination Report ?? 14. REPORTING METHOD. Check box to 1. Registrant Name ?? Termination Date 11. No Lobbying indicate expense accounting method. See
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instructions for description of options. Registrant Name Covington & Burling 16. Specific lobbying issues Method A. Reporting amounts using LDA Client Name Microsoft Corporation Competition issues affecting computer definitions only LOBBYING ACTIVITY. Select as many codes software industry. Method B. Reporting amounts under section as necessary to reflect the general issue 17. House(s) of Congress and Federal 6033(bX8) of the Internal Revenue Code areas in which the registrant engaged in agencies contacted Method C. Reporting amounts under 162(e) lobbying on behalf of the client during Check if None of the Internal Revenue Code the reporting period. Using a separate Signature page for each code, provide information House of Representatives Date as requested, Attach additional page(s) as Senate Printed Name and Title Stuart C. Stock, needed. 18. Name of each individual who acted as a Partner 15. General issue area code CPI (one per lobbyist in this issue area MTC–00030631—0871 page)
Name Covered official Position (if applicable) New
Charles F. Rule
19. Interest of each foreign entity in the LOBBYING ACTIVITY. Select as many codes 16. Specific lobbying issues specific issues listed on line 16 above as necessary to reflect the general issue Electronic Commerce matters relating to Check if None areas in which the registrant engaged in international electronic signature Signature lobbying on behalf of the client during proposals. Date the reporting period. Using a separate 17. House(s) of Congress and Federal Printed Name and Title Stuart C. Stock, page for each code, provide information agencies contacted Partner as requested. Attach additional page(s) as Check if None MTC–00030631—0872 needed. Department of Commerce Registrant Name Covington & Burling 15. General issue area code ———TRD (one 18. Name of each individual who acted as a Client Name Microsoft Corporation per page) lobbyist in this issue area
Name Covered official Position (if applicable) New
E. Jason Albert
19. Interest of each foreign entity in the areas in which the registrant engaged in Piracy Executive Order. specific issues listed on line 16 above lobbying on behalf the client during the - Protection of intellectual property in World Check if None reporting period. Using a separate page Bank lending programs. Signature for each code, provide information as 17. House(s) of Congress and Federal Date requested. Attach additional page(s) as agencies contacted Printed Name and Title Stuart C. Stock, needed. Check if None Partner 15. General issue area code ———CPT (one MTC–00030631—0873 per page) Department of Commerce Registrant Name Covington & Burling 16. Specific lobbying issues Department of Treasury Client Name Microsoft Corporation - Protection of intellectual property through Office of Management and Budget LOBBYING ACTIVITY, Select as many codes proposed federal action and 18. Name of each individual who acted as a as necessary to reflect tile general issue implementation of Computer Software lobbyist in this issue area
Name Covered official Position (if applicable) New
E. Jason Albert Stuart C. Stock Laurie C. Self
19. Interest of each foreign entity in the LOBBYIST UPDATE Name specific issues listed on line 16 above 23. Name of each previously reported Address Check if None individual who is no longer expected to Principal place of business (city and state or Signature act as a lobbyist for the client country) Date Victoria A. Carter Amount of contribution for lobbying Printed Name and Title Stuart C, Stock, ISSUE UPDATE activities Partner 24. General lobbying issues previously Ownership percentage in client MTC–00030631—0874 reported that no longer pertain 28. Name of each previously reported foreign Registrant Name Covington & Burling AFFILIATED ORGANIZATIONS entity that no longer owns, or controls, Client Name Microsoft Corporation 25. Add the following affiliated or is affiliated with the registrant, client Information Update Page—Complete ONLY organization(s) or affiliated organization Signature where registration information has Name Date changed. Address Printed Name and Title Stuart C. Stock, 20. Client new address Principal Place of Business (city and state or Partner 21. Client new principal place of business (if country) different from line 20) 26. Name of each previously reported ATTACHMENT 23 City organization that is no longer affiliated Back State/Zip (or Country) with the registrant or client LOBBYING REPORT 22. New general description of client’s FOREIGN ENTITIES Signature business or activities 27. Add the following foreign entities Date August 10, 1999
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Printed Name and Title Stuart C. Stock, lobbying activities only those defined under Lobbying Disclosure Act of 1995 (Section Partner section 4911(d) of the Internal Revenue Code. 5)—All Filers Are Required To Complete Back If selecting this method, check box and (i) This Page Signature enter estimated amounts on the ‘‘Expenses’’ 1. Registrant Name Date August 10, 1999 line above; or (ii) attach a copy of the IRS 2. Address Printed Name and Title Stuart C. Stock, Form 990 that includes this reporting period. ?? Check if different than previously reported Partner B. Registrants subject to section 162(e) of 3. Principal Place of Business (if different Back the Internal Revenue Code may make a good from line 2) Signature faith estimate &all amounts that would not be 4. Contact Name Date August 10, 1999 deductible under section 162(e) for the Telephone Printed Name and Title Stuart C. Stock, semiannual reporting period, and may E-mail (optional) 5. Senate ID # Partner consider as lobbying activities only those 6. House ID # Back activities the costs of which are not 7. Client Name ?? Self Signature deductible pursuant to section 162(e). If TYPE OF REPORT 8. Year 1998 Midyear Date August 10, 1999 selecting this method, check box and enter (January 1-June 30) ?? OR Year End (July Printed Name and Title Stuart C. Stock, estimated amounts on the ‘‘Expenses’’ line 1-Decembe 31) ?? Partner above. 9. Cheek if this filing amends a previously ATTACHMENT 24 Form LD–2 (1/96) Page filed version of this report Registrant Name DOWNEY CHANDLER, INC. 10. Check if this is a Termination Report— Secretary of the Senate Client Name Microsoft Corporation 31805008 Termination Date Clerk of the House of Representatives LOBBYING ISSUES. On line 8 below, eater 11. No LOBBYING REPORT the code for one general lobbying issue Lobbying Activity Lobbying Disclosure Act of 1995 (Section 5) area in which the registrant engaged in INCOME OR EXPENSES—Complete Either 1. Year 1997 lobbying activities for the client during Line 12 OR line 13 For Official Use this reporting period (select applicable 12. Lobbying Firms 2. Report type (check all that apply) Midyear code from list in the instructions and on 13. Organizations (January 1-June 30)—Year End (July 1- the reverse side of Form LD-2, page 1). INCOME relating to lobbying activities for December 31) For that general issue area only, this reporting activities for this reporting Amended report complete lines 9 through 12. If the period was Less than $10,000 Termination Report registrant engaged in lobbying activities EXPENSES relating to lobbying period were: No Activity (registration to remain in effect) for the client in more than one general Less than $10,000 REGISTRANT issue area, use one Lobbying Report $10,000 or more 3. Name of Registrant DOWNEY CHANDLER, Addendum page for each additional 10,000 or more INC. general issue area. (Income (nearest $20,000) 4. Telephone number and contact name 8. General lobbying issue area code (enter Expenses (nearest $20,000) 202 789 1110 one) CPT 14. REPORTING METHOD. Check box to Contact Kathleen Tynan McLaughlin 9. Specify lobbying issues (include bill 5. Name of Client Microsoft Corporation indicate expense numbers and specific executive branch Provide a good faith estimate, rounded to 31805008 actions) INCOME OR EXPENSES Answer line 6 or the nearest $20,000, accounting method. See Intellectual Property Rights instructions for description of options of all line 7 as applicable Patent Reform 6. LOBBYING FIRMS. Income from the client lobbying related income from the client Internet issues (including all ?? during the reporting period, other than Encryption income unrelated to lobbying activities, Method A.Reporting amounts using LDA Immigration definitions only payments to the was: Anti-trust issues Less than $10,000 registrant by any other entity for 10. Houses of Congress and Federal agencies lobbying activities on behalf of the $10,000 or more contacted If $10,000 or more, provide a good faith client). U.S. House of Representatives Method B. Reporting amounts under estimate, rounded to the nearest $20,000, U.S. Senate of all income from the client during this section 6033(b)(8) of the Internal Revenue Office of the Vice President Code reporting period. Include any payments Department of Justice by any other entity for lobbying activities Method C. Reporting amounts under section 11. Name and title of each employee who 162(e) of the Internal Revenue Code on behalf of the client. Exclude income acted as a lobbyist unrelated to lobbying activities. Signature Thomas J. Downey, Chairman LD–2 (REV. 6/98) Income $ $60,000 Rod Chandler, President Total for year (if Year End r epor0 $ 140,000 Registrant Name Daniel T. Bross, Vice President Client Name 7. ORGANIZATIONS EMPLOYING IN- Margaret M. McCloud, Director LOBBYING ACTIVITY. Select as many codes HOUSE LOBBYISTS. Expenses incurred 12. For registrants identifying foreign entities as necessary to reflect the general issue in connection with lobbying activities in the Lobbying Registration (Form LD– areas in which the registrant engaged in during the reporting period were: 1, line 12) or are/updates: Interest of lobbying on behalf of the client during Less than $10,000 each such foreign entity in the specific the reporting period. Using a separate $10,000 or more lobbying issues listed on line 9 above page for each code, provide information If $10,000 or more, provide a good faith NA as requested. Attach additional page(s) as estimate, rounded to the nearest $20,000, This report includes 0 Addendum pages. needed. of the total amount of all lobbying Signature 15. General issue area code_(one per page) expenses incurred by the registrant and Printed Name and Title Thomas J. Downey its employees during this reporting Chairman 16. Specific lobbying issues period. Form LD–2 (1/96) 17. House(s) of Congress and Federal Expense $ agencies contacted Total for year (if Year End report) $ ATTACHMENT 25 Check if None A. Registrants that report lobbying Clerk of the House of Representatives 18. Name of each individual who acted as a expenses under section 6033(b)(8) of the Secretary of the Senate Legislative Resource lobbyist in this issue area Internal Revenue Code may provide a good Center, Office of Public Records, B–106 Name faith estimate of the applicable amounts that Cannon Building, 232 Hart Building, Covered Official Position (if applicable) would be required to be disclosed under Washington, DC 20515, Washington, DC New section 6033(b)(8) for the semiannual 20510 19. Interest of each foreign entity in the reporting period, and may consider as LOBBYING REPORT specific issues listed on line 16 above
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Check if None E-mail (optional) 15. General issue area code ———— (one per Signature Dale 5. Senate ID # page) Printed Name and Tide 6. House ID # Specific lobbying issues Form LD–2 (Rev.6/98) 7. Client Name Self 17. House(s) of Congress and Federal Registrant Name TYPE OF REPORT agencies contacted Client Name 8. Year_Midyear (January 1-June 30)—OR Check if None LOBBYING ACTIVITY, Select as many codes Year End (July 1-December 31) 18. Name of each individual who acted as a as necessary to reflect the general issue 9. Check if this filing amends a previously lobbyist in this issue area areas in which the registrant engaged in filed version of this report Name lobbying on behalf of the client during 10. Check if this is a Termination Report— Covered official Position (if applicable) the reporting period. Using a separate Termination Date New page for each code, provide information 11. No Lobbying Activity 19. Interest of each foreign entity in the as requested. Attach additional page(s) as INCOME OR EXPENSES—Complete Either specific issues, listed on line 16 above needed. Line 12 OR Line 13 Check if None 5. General issue area code— (one per page) 12. Lobbying Firms Signature 6. Specific lobbying issues 13. Organizations Date I7. House(s) of Congress and Federal agencies INCOME relating to lobbying activities for Printed Name and Title contacted this reporting activities for this reporting LOBBYING ACTIVITY. Select as many codes Check if None period was: period were: Less than as necessary to reflect the general issue 18. Name of each individual who acted as a $10,000 areas in which the registrant engaged in lobbyist in this issue area EXPENSES relating to lobbying Less than lobbying on behalf of the client during Name $10,000 the reporting period. Using a separate Covered Official Position (if applicable) $10,000 or more page for each code, provide information New $10,000 or more as requested. Attach additional page(s) as 19. Interest of each foreign entity in the Income (nearest $20,000) (Expenses (nearest needed. specific issues listed on line 16 above $20,000) 15. General issue area code [MM (one per Check if None 14. REPORTING METHOD. Check box to page) Signature indicate expense accounting method. See Specific lobbying issues Date instructions for description of options. 17. House(s) of Congress and Federal Printed Name and Title Provide a good faith estimate, rounded to agencies contacted Form LD–2 (Rev. 6/98) the nearest $20,000, of all lobbying related Check if None Registrant Name income from the client (including all using 18. Name of each individual who acted as a Client Name LDA definitions only payments to the lobbyist in this issue area LOBBYING ACTIVITY. Select as many codes registrant by any other entity for lobbying 19. Interest of each foreign entity in the as necessary to reflect the general issue activities on behalf of the client). specific issues listed on line 16 above areas in which the registrant engaged in Method A. Reporting amounts Check if None lobbying on behalf of the client during Method B. Reporting amounts under section 21. Client new principal place of business (if the reporting period. Using a separate 6033(b)(8) of the Internal Revenue Code different from line 20) page for each code, provide information Method C. Reporting amounts under section City as requested. Attach additional page(s) as 162(e) of the Internal Revenue Code State/Zip (or County) needed. Signature Date Z. New leaera4 description of client’s _ 15. General issue area code (one per page) Printed Name and Title business or activities 16. Specific lobbying issues Form LD-2 (Rev. 6/98) LOBBYIST UPDATE 17. House(s) of Congress and Federal LOBBYING ACTIVITY. Select as many codes 23. Name of each previously reported agencies contacted as necessary to reflect the general issue individual who is no longer expected to Check if None areas in which the registrant engaged in act as a lobbyist for the client 18. Name of each individual who acted as a lobbying on behalf of the client during ISSUE UPDATE lobbyist in this issue area the reporting period. Using a separate 24. General lobbying issues previously Name page for each code, provide information reported that no longer pertain Covered Official Position (if applicable) as requested. Attach additional page(s) as AFFILIATED ORGANIZATIONS New needed. 25. Add the following affiliated 19. Interest of each foreign entity in the 15. General issue area code ————— (one organization(s) specific issues listed on line 16 above per page) Name Check if None 16. Specific lobbying issues Address Signature 17. House(s) of Congress and Federal Principal Place of Business (city and state or country) Date agencies contacted 26. Name of each previously reported ATTACHMENT 26 Check if None organization that is no longer affiliated 18. Name of each individual who acted as a Clerk of the House of Representatives, with the registrant or client lobbyist in this issue area Legislative Resource Center, B–106 FOREIGN ENTITLES Name Cannon Building, Washington, DC 20515 27. Add the following foreign entities Covered Official Position (if applicable) Secretary of the Senate, Office of Public Name for lobbying activities New Records, 232 Hart Building, Washington, Address (city and state or country) 19. Interest of each foreign entity in the DC 20510 Principal place of business specific issues listed on line 16 above LOBBYING REPORT Amount of contribution Ownership Lobbying Disclosure Act of 1995 (Section Check if None percentage in client 5)—All Filers Are Required To Complete Signature 28. Name of each previously reported foreign This Page Date entity that no longer owns, or controls, 1, Registrant Name Printed Name and Title or is affiliated with the registrant, client 2. Address LOBBYING ACTIVITY. Select as many codes or affiliated organization Check if different than previously reported as necessary to reflect the general issue Date 2–16–99 3. Principal Place of Business (if different areas in which the registrant engaged in Printed Name and Title from line 2) lobbying on behalf of the client during Form LD-2 (Rev. 6/98) City: the reporting period. Using a separate State/Zip (or Country) page for each code, provide information ATTACHMENT 27 4. Contact Name as requested. Attach additional page(s) as RECEIVED Telephone needed. Clerk of the House
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Legislative Resource Center, B-106Cannon TYPE OF REPORT 8. Year 1999 Midyear registrant by any other entity for Building, Washington, DC 20515 (January I -June 30) ?? OR Year End (July lobbying activities on behalf of the Office of Public Records, 232 Hart Building, I -December 31) ?? client). Washington, DC 20510 9. Check if this filing amends a previously Method B. Reporting amounts under section 99 JUL 30 PH 4:28 filed version of this report 6033(b)(g)of the Internal Revenue Code OFFICE OF TIE CLERK 10. Check if this is a Termination Report 1– Method C. Reporting amounts under section U.S. HOUSE OF REPRESENTATIVES 11 * Termination Date 162(e) of the Internal Revenue Code LOBBYING REPORT?? 11 I. No bying Disclosure Act Of 1995 (Section 5)— Lobbying Activity %62 Signature All Filers Are Required To Complete I Printed Name and Tide This Page INCOME OR EXPENSES—Complete Either Registrant Name DOWNEY CHANDLER, INC Registrant Name Line 12 OR Line 13 Client Name Microsoft Corporation DOWNEY CHANDLER, INC 12. Lobbying Firms LOBBYING ACTIVITY. Select as many codes 2. Address 13. Organizations as necessary to reflect the general issue Check if different than previously reported INCOME relating to lobbying activities for areas in which the registrant engaged in 1225 I STREET NW SUITE 350 this reporting activities for this reporting lobbying 6n behalf of the client during 3. Principal Place of Business (if different period was: Less than S10,000 ?? the reporting period. Using a separate from line 2) EXPENSES relating to lobbying period were: page for each code, provide ??nation as cid: Washington Less than $10,000 ?? requested. Attach additional page(s) as State/Zip (or Country) DC 20005 $10,000 or more ?? = $ needed. 4. Contact Name $10,000 or more ??—$80,000 1??neral issue area code TEC (one per page) Telephone Expenses (nearest $20,000) 16. Specific lobbying issues E-mail (optional) Income (nearest $20,000) Broadband 5. 14. REPORTING METHOD. Check box to Senate ID # indicate expense Information Technology Kathleen Tynan McLaughlin Provide a good faith estimate, rounded to the 17. House(s) of Congress and Federal 202 789 1110 nearest $20,000, accounting method. See agencies contacted 12573–253 instructions for description of options.. Check if None 7. Client Name of all lobbying related income from the U.S. Senate Self 6. client (including all ?? Method A. U.S. House of Representatives House ID ID # 31805 Reporting amounts using LDA 18. Name of each individual who acted as a Microsoft Corporation definitions only payments to the lobbyist in this issue area
Name Covered Official Position (if applicable) New
Emerick Tom Downey Rod Chandler Thomas P. Scott
19. Interest of each foreign entity in the the reporting period. Using a separate encryption specific issues listed on line 16 above page for each code, provide information R & D tax credit Check if None as requested. Attach additional page(s) as 17. House(s) of Congress and Federal Signature needed. agencies contacted Date General issue area code CPI (one per page) Check if None Printed Name and Title 16. Specific lobbying issues U.S. Senate Registrant Name DOWNEY CHANDLER, INC antitrust Client Name Microsoft Corporation education technology U.S. House of Representatives LOBBYING ACTIVITY. Select as many codes communications issues Office of the Vice President as necessary to reflect the general issue patent reform 18. Name of each individual who acted as a areas in which the registrant engaged in Microsoft trial lobbyist in this issue area lobbying on behalf of the client during intellectual property
Name Covered Official Position (if applicable) New
Emerick Tom Downey Rod Chandler Thomas P. Scott
19. Interest of each foreign entity in the different from line 20) 25. Add the following affiliated specific issues listed on line 16 above State/Zip (or Country) organization(s) Check if None 22. New general description of client’s Name Signature business or activities Address Date LOBBYIST UPDATE Principal Place of Business (city and state or Printed Name and Title 23. Name of each previously reported country) LD-2(Rev. 6/98) individual who is no longer expected to 26. Name of each previously reported Registrant Name?? act as a lobbyist for the client organization that is no longer affiliated Information Update Page—Complete ONLY Rod Chandler with the registrant or client where registration information has ISSUE UPDATE FOREIGN ENTITIES changed, 24. General lobbying issues previously 27. Add the following foreign entities 20. Client new address reported that no longer pertain Name Client new principal place of business (if AFFILIATED ORGANIZATIONS Address
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Principal place of business (city and state or 7. Client Name ?? Self client). country) for lobbying activities 6. Microsoft Method B. Reporting amounts under section Amount of contribution House ID # 31805008 6033(b)(g)of the Internal Revenue Code Ownership percentage in client TYPE OF REPORT s. Year 1999 Midyear Method C. Reporting amounts under section 28. Name of each previously reported foreign (January 1 -June 30) ?? OR Year End (July 162(e) of the internal Revenue Code entity that no longer owns, or controls, 1 -December 31) Signature or is affiliated with the registrant, client 9. Check if this filing amends a previously Printed Name and Tide filed version of this report ?? or affiliated organization LD-2 (REV 6/98) ATTACHMENT 28 0. Check if this is a Termination Report ?? * Termination Date Registrant Name DOWNEY McGRATH RECEIVED 11. No Lobbying Activity ?? GROUP, INC. Clerk of the House of Representatives, INCOME OR. EXPENSES—Complete Either Client Name Microsoft Secretary of the Senate, Line 12 OR Line 13 LOBBYING ACTIVITY. Select as many codes Legislative Resource Center, B-106 Cannon 12. Lobbying Firms as necessary to reflect the general issue Building, Washington, DC 20515 13. Organizations areas in which the registrant ??aged in Office of Public Records, 232 Hart Building, INCOME relating to lobbying activities for lobbying on behalf of the client during Washington, DC 20510 this reporting activities for this reporting the reporting period. Using a separate LOBBYING REPORT period was: Less than $10,000 ?? page for each code, provide ??rmation as Lobbying Disclosure Act of 1995 (Section EXPENSES relating to lobbying period were: requested. Attach additional page(s) as 5)—All Filers Are Required To Complete Less than$10,000 ?? needed. This Page $10,000ormore ?? * $ General issue area code TEC (one per page) V $10,000 or more ?? * $100,000 16. Specific lobbying issues I. Registrant Name Expenses (nearest S20,000) Broadband DOWNEY McGRATH GROUP, INC. Income (nearest $20,000) Information Technology 2. Address ?? Check if different than 14. REPORTING METHOD. Check box to business issues previously reported indicate expense 1225 ISTREET NW SUITE350 Provide a good faith estimate, rounded to the Satellite Home Viewer Act 3. Principal Place of Business (if different nearest $20,000, accounting method. See 17. House(s) of Congress and Federal from line 2) instructions for description of options of agencies contacted City: Washington all lobbying related income from the Check if None State/Zip (or Country) DC 20005 client (including all U.S. Senate 4 Contact Name Kathleen Tynan McLaughlin Method A. Reporting amounts using LDA U.S. House of Representatives Telephone 202 789 1110 definitions only payments to the Small Business Administration E-mail (optional) registrant by any other entity for 18. Name of each individual who acted as a 5. Senate ID 12573–253 lobbying activities on behalf of the lobbyist in this issue area
Name Covered Official Position (if applicable) New
Kelli Emerick Tom Downey Ray McGrath Thomas P. Scott
19. Interest of each foreign entity in the lobbying on behalf of the client during Microsoft trial specific issues listed on line 16 above the reporting period. Using a separate intellectual property Check if None page for each code, provide ??rmation as encryption Signature requested. Attach additional page(s) as R & D tax credit Date needed. 17. House(s) of Congress and Federal Printed Name and Title General issue area code CPI (one per page) ??m LD-2 (Rev. 6/98) 16. Specific lobbying issues agencies contacted Registrant Name DOWNEY McGRATH antitrust Check if None GROUP, INC. Digital signatures U.S. Senate Client Name Microsoft education technology U.S. House of Representatives LOBBYING ACTIVITY. Select as many codes Technology changes 18. Name of each individual who acted as a as necessary to reflect the general issue communications issues lobbyist in this issue area areas in which the registrant ??gaged in Digital Divide
Name Covered Official Position (if applicable) New
??m Downey Ray McGrath Kelli Emerick Thomas P. Scott
19. Interest of each foreign entity in the GROUP, INC. Client Name Microsoft General issue area code LBR (one per page) specific issues listed on line 16 above LOBBYING ACTIVITY. Select as many codes 16. Specific lobbying issues Check if None as necessary to reflect the general issue Digital Divide Signature areas in which the registrant ??gaged in 17. House(s) of Congress and Federal Date lobbying on behalf of the client during agencies contacted Printed Name and Title the reporting period. Using a separate ??Check if None ??-2 (Rev.6/98) page for each code, provide formation as U.S. Senate MTC–00030631_0907 requested. Attach additional page(s) as U.S. House of Representatives Registrant Name DOWNEY McGRATH needed. 18. Name of each individual who acted as a
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lobbyist in this issue area
Name Covered Official Position (if applicable) New
?? am Scott
19. Interest of each foreign entity in the (July I—December 31) ?? Code specific issues listed on line 16 above ?? 9. Check if this filing amends a previously Signature Check if None filed version of(his report Printed Name and Tide Signature ?? 10. Check if this is a Termination Report ?? LD–2 (REV. 6/98) ??nted Name and Title Thomas J. Downey, * Termination Date I 1. No Lobbying Registrant Name DOWNEY McGRATH Chairman Activity ?? GROUP, INC. ??LD–2 (Rev 6/98) INCOME OR EXPENSES—Complete Either Client Name Microsoft Line 12 OR Line 13 ATTACHMENT 29 LOBBYING ACTIVITY. Select as many codes 12. Lobbying Firms Clerk of the House or Representatives, 13. Organizations as necessary to reflect the general issue Secretary of the Senate, Legislative Resource INCOME relating to lobbying activities for areas in which the registrant engaged in Center, Office of Public Records, B–106 this reporting period was: Less than lobbying on behalf of the client during Cannon Building, 232 Hart Building, $10,000 the reporting period. Using a separate Washington, DC 20515, Washington, DC EXPENSES relating to lobbying activities for page for each code, provide information 20510 this reporting period were: Less than as requested. Attach additional page(s) as HAND DELIVERED $10,000 needed. LOBBYING REPORT $10,000 or more * $ 5. General issue area code CPI (one per page) Lobbying Disclosure Act of 1995 (Section $10,000 or more ?? * S 80,000 16. Specific lobbying issues 5)—All Filers Are Required To Complete Expenses (nearest S20,000) antitrust This Page Income (nearest $20.000) communications issues I. Registrant Name 14. REPORTING METHOD. Check box to intellectual property DOWNEY McGRATH GROUP, INC. indicate expense encryption 2. Address Provide a good faith estimate, rounded to R&D tax credit Check if different than previously reported the nearest $20,000, accounting method. See digital signatures 1225 I STREET NW SUITE 350 instructions for description of options.. of all digital divide 3. Principal Place of Business (if different lobbying related income from the client from line 2) (including all ?? Method A. Reporting privacy City. Washington State/Zip (or Country,) DC amounts using LDA definitions only 17. ??louse(s) of Congress and Federal 20005 payments to the registrant by any other entity agencies contacted 4. Contac! Name Telephone E-mail (optional) for lobbying activities on behalf of the client). !’-I Check if None 5. Senate ID # [?? Method B. Reporting amounts under U.S. Senate 7 Client Name ?? Self section 6033(b)(8)of the Internal Revenue U.S. House of Representatives Microsoft (31805008) Code Office of the Vice President TYPE OF REPORT 8. Year 2000 Midyear ?? Method C. Reporting amounts under 18. Name of each individual who acted as a (January 1—June 30) ?? OR Year End section 162(c) of(he Internal Revenue lobbyist in this issue area
Name Covered Official Position (if applicable) New
K??lli Emerick m Downey Ray McGrath Thomas P. Scott E??aine Acevedo
19. Interest of each foreign entity in the LOBBYING ACTIVITY. Select as many codes 16. Specific lobbying issues specific issues listed on line 16 above as necessary to reflect the general issue II–IB Visas ?? Check if None areas in which the registrant engaged in 17. l louse(s) of Congress and Federal Signature lobbying on behalf of the client during agencies contacted Date the reporting period. Using a separate I’’1 Check if None Printed Name and Title page for each code, provide information Form LD–2 (Rev. 6/98) as requested. Attach additional page(s) as U.S. House of Representatives Registrant Name DOWNEY McGRATH needed. 18. Name of each individual who acted as a GROUP, INC. 5. General issue area code IMM (one per lobbyist in this issue area Client Name Microsoft page)
Name Covered Official Position (if applicable) New
Kelli Emerick homas P. Scott
19. Interest of each foreign entity in the Printed Name and Title information has changed. specific issues listed on line 16 above Form LD–2 (Rev.6/98) 20. Client new address Check if Registrant Name DOWNEY McGRATH Client new principal place of business (if None GROUP, IN different from line 20) Signature Chent Name Information Update Page— State/Zip (or Country) Date Complete ONLY where registration 22. New general description of client’s
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business or activities 2001 FEB 14 AM 2:23 income (nearest $20,000) LOBBYIST UPDATE LOB B YIN 14. REPORTING METHOD. Check box to 23. Name of each previously reported Lobbying Disclosure Act Of 1995 (Sections indicate expense individual who is no longer expected to 5)—All Filers Are Required To Complete Provide a good faith estimate, rounded to act as a lobbyist for the client Kelli This Page the nearest $20,000, accounting method. See Emerick I. Registrant Name DOWNEY McGRATH instructions for description of options of all ISSUE UPDATE GROUP, INC. lobbying related income from the client 24. General lobbying issues previously 2. Address (including all Method A. Reporting amounts Check if different than previously reported reported that no longer pertain using LDA definitions only payments to the 1225 I STREET NW SUITE 350 AFFILIATED ORGANIZATIONS registrant by any other entity for lobbying 25. Add the following affiliated 3. Principal Place of Business (if different activities on behalf of the client), organization(s) from line 2) Method B. Reporting amounts under section Name City: Washington 6033(b)(8)of the Internal Revenue Code Address State/Zip (or Count) DC 20005 Principal Place of Business (city and state or 4. Contact Name Method C. Reporting amounts under section country) Telephone 202–789–1110 162(e) of the Internal Revenue Code 26. Name of each previously reported E-mail (optional) Signature organization that is no longer affiliated 5. Senate ID # 12573–253 Printed Name and Tide with the registrant or client t! Kathleen Tynan McLaughlin LD–2 (REV. 6/98) FOREIGN ENTITLES 7. Client Name Self Registrant Name DOWNEY McGRATH 27. Add the following foreign entities Microsoft GROUP, INC. Name TYPE OF REPORT s. Year 2000 Midyear Client Name Microsoft Address (January 1–June 30) OR Year End (July LOBBYING ACTIVITY. Select as many codes Principal place of business (city and state or 1–December 31) as necessary to reflect the general issue country) for lobbying activities 9. Check if this filing amends a previously areas in which the registrant engaged in Amount of contribution filed version of this report lobbying on behalf of the client during Ownership percentage in client 10. Check if this is a Termination Report, the reporting period. Using a separate Termination Date 28. Name of each previously reported foreign page for each code, provide information 11. No Lobbying Activity entity that no longer owns, or controls, as requested. Attach additional page(s) as INCOME OR EXPENSES—Complete Either or is affiliated with the registrant, client needed. or affiliated organization Line 12 OR Line 13 12. Lobbying Firms General issue area code CPI (one per page) ATTACHMENT 30 13. Organizations 16. Specific lobbying issues Clerk of the House of Representatives, INCOME relating to lobbying activities for antitrust Legislative Resource Center, B–106 this reporting activities for this reporting 17. House(s) of Congress and Federal Cannon Building, Washington, DC 20515 period was: Less than $10,000 agencies contacted Secretary of the Senate, Office of Public EXPENSES relating to lobbying period were: Check if None Records, 232 Fart Building, Washington, Less than S10,000 U.S. Senate DC 20510 $1 0,000 or more U.S. House of Representatives ATIVE RESOURCE $10,000 or more $40,000 18. Name of each individual who acted as a CENTER Expenses (nearest $20,000) lobbyist in this issue area
Name New Covered Official Position (if applicable)
Thomas P. Scott Tom Downey
19. Interest of each foreign entity in the codes as necessary to reflect the general China specific issues listed on line 16 above issue areas in which the registrant 17. House(s) of Congress and Federal Check if None engaged in lobbying on behalf of the agencies contacted Signature client during the reporting period. Using F1 Check if None Date a separate page for each code, provide U.S. Senate Printed Name and Title information as requested. Attach LD–2 (Rev.6/98) additional page(s) as needed. U.S. House of Representatives Registrant Name DOWNEY McGRATH General issue area code TRD (one per page) 18. Name of each individual who acted as a GROUP, INC. Client Name Microsoft 16. Specific lobbying issues lobbyist in this issue area LOBBYING ACTIVITY. Select as many Permanent Normal Trade Relations with
Name New Covered Official Position (if applicable)
Scott
19. Interest of each foreign entity in the LD–2 (Rev.6/98) 21. Client new principal place of business (if specific issues listed on line 16 above Registrant Name DOWNEY McGRATH different from line 20) Check if GROUP, INC City None Client Name Microson Corporation State/Zip (or Country) Signature Information Update Page- Complete ONLY 22. New general description of client’s Date where registration information has business or activities Printed Name and changed. LOBBYIST UPDATE Title 20. Client new address 23. Name of each previously reported
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individual who is no longer expected to De 20510 indicate expense act as a lobbyist for the client LOBBYING REPORT Provide a good faith estimate, rounded to the Thomas P. Scott Lobbying Disclosure Act of 1 995 (Section nearest S20,000, accounting method. See Ray McGrath 5)—All Filers Are Required To Complete instructions for description of options of Elaine Acevedo This Page all lobbying related income from the ISSUE UPDATE 1. Registrant Name client (including all Method A. 24. General lobbying issues previously DOWNEY McGRATH GROUP, INC. Reporting amounts using LDA reported that no longer pertain 2. Address definitions only payments to the Check if different than previously reported AFFILIATED ORGANIZATIONS registrant by any other entity for 1225 I STREET NW SUITE 350 25. Add the following affiliated lobbying activities on behalf of the organization(s) 3. Principal Place of Business (if different client). 6033(b)(8)of the Internal Revenue Name from line 2) Code Address City: Washington Method B. Reporting amounts under section Principal Place of Business (city and state or State/Zip (or Country) DC 20005 country) 4. Contact Name Senate ID # Method C. Reporting amounts under section 26. Name of each previously reported Telephone 202–789–1110 162(e) of the Internal Revenue Code organization that is no longer affiliated E-mail (optional) 5. Signature with the registrant or client Kathleen Tynan McLaughlin Printed Name and Tide LD–2 (REV. 6/98) FOREIGN ENTITIES 12573–253 Registrant Name DOWNEY McGRATH 27. Add the following, foreign entities Client Name Self GROUP, INC. Name 6 House ID # d 31805008’2 Client Name Microsoft Address 7. Microsoft LOBBYING ACTIVITY. Select as many codes Principal place of business (city and state or TYPE OF REPORT s. Year 2001 Midyear as necessary to reflect the general issue country) (January 1–June 30) OR Year End (July areas in which the registrant engaged in Amount of contribution for lobbying 1–December 31) lobbying on behalf of the client during activities 9. Check if this filing amends a previously the reporting period. Using a separate Ownership percentage in client filed version of this report page for each code, provide formation as 28. Name of each previously reported foreign 10. Check if this is a Termination Report, requested. Attach additional page(s) as Termination Date entity that no longer owns, or controls, needed. 11. No Lobbying Activity or is affiliated with the registrant, client General issue area code CPI (one per page) or affiliated organization INCOME OR EXPENSES—Complete Either Line 12 OR Line 13 16. Specific lobbying issues Signature Internet privacy Date February 14, 2001 12. Lobbying Firms 13. Organizations intellectual property issues Printed Name and Title Thomas J. Downey, Microsoft case—Department of Justice Chairman INCOME relating to lobbying activities for antitrust suit Form LD–2 (Rev. 6198) this reporting activities for this reporting period was: Less than S10,000 R & D tax credit ATTACHMENT 31 EXPENSES relating to lobbying period were: 17. House(s) of Congress and Federal 01 AUG 1 0 AH 10:00 Less than $10,000 El agencies contacted Clerk of the House of Representatives, $10,000 or more Check if None Legislative Resource Center, B–106 $10,000 or more $60,000 U.S. Senate Cannon Building, Washington. DC 205 IS Expenses (nearest S20.000) U.S. House of Representatives Secretary of the Senate, Office of Public Income (nearest $20.000) 18. Name of each individual who acted as a Records, 232 Hart Building, Washington. 14. REPORTING METHOD. Check box to lobbyist in this issue area
Name Covered Official Position (if applicable) New
hn Olinget Tom Downey
19. Interest of each foreign entity in the 10. Check if this is a Termination Report, definitions only specific issues listed on line 16 above Termination Date Method B. Reporting amounts under section Check if None 11. No Lobbying Acti 6033(b) Printed Name and Title Thomas J. Downey, INCOME OR EXPENSES—Complete Either Method C. Reporting amounts under section Chairman Line 12 OR 13 162(c) of Form LD–2(Rev.6/98) 12. Lobbying Firms LOBBYING ACTIVITY. Select as many codes INCOME relating to lobbying activities for as necessary to reflect the general issue ATTACHMENT 32 this reporting period was: areas in which the regist engaged in Clerk of the House of Representatives Less than $10,000 lobbying on behalf of the client during Washington, DC 20515 $10,000 or more the reporting period. Using a separate Secretary of the Sea Provide a good faith estimate, rounded to the page far each code, pro information as THE SENATE nearest $20.000 of all lobbying related requested. Attach additional page(s) as 00 AUG 14 PH 27 income from the client (including all needed. LOBBYING REPORT payments to the registrant by any other 15. General issue area code————— (one Lobbying Disclosure Act of 1995 (Section entity for lobbying activities on behalf of per page) 5)—All Filers Are Required To Complete the client). 16. Specific lobbying issues This Page 13. Organizations 17. House(s) of Congress and Federal Registrant EXPENSES relating to lobbying activities for agencies contacted 7. Client Name Self this reporting period were: ?? Check if None 6. H ID Less than $10,000 18. Name of each individual who acted as a TYPE OF REPORT 8. Year 2000 Midyear $10,000 or more 1obbyist in this issue area (January 1–June 30) OR Year End (July1– 14. REPORTING METHOD. Check box to 19. Interest of each foreign entity in the December indicate expense accounting method. See specific issues listed on line 16 above 9. Check if this filing a previously filled instructions for description of options. ?? Check if None version of this report Method A Reporting amounts using LDA Printed Name and Title
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ATTACHMENT 33 9. Check if this filing amends a previously Method C. Reporting amounts under section Clerk of the House of Representatives filed version of this report 162(e) of the Internal Revenue Code 10. Check if this is a Termination Report Secretary of the Senate Legislative Signature Termination Date Resource Center, Office of Public Printed Name and Title 11. No Lobbying Activity Records, B-106 Cannon Building 232, LD.2 (REV. ??98) PAGE t or 4 INCOME OR EXPENSES—Complete Either Registrant Name McSlarrow & Assoc. Hen Building, Washington, DC 20515 Line 12 OR Line 13 Client Name Microsoft Corporation Washington, DC 20510 12. Lobbying Firms LOBBYING ACTIVITY. Select as many codes LOBBYING REPORT 13. Organizations as necessary to reflect the general issue Lobbying Disclosure Act of 1995 (Section INCOME relating to lobbying activities for areas in which the registrant engaged in 5)—All Filers Are Required To Complete this reporting period was: Less than lobbying on behalf of the client during This Page $10,000 ?? the reporting period. Using a separate 1. Registrant Name EXPENSES relating to lobbying activities for page for each code, provide information this reporting period were: Less than McSlarrow & Associates, L.L.C. as requested. Attach additional page(s) as $10,000 ?? 2. Address ?? Check if different than needed. previously reported $10,000 or more ?? ?? $ S10,000 or more ?? ?? $ 40,000 15. General issue area code COM (one per 14842 North 18th Place, Phoenix, Arizona page) 85022 Expenses (nearest $20,000) Income (??rest $20,00) 16. Specific lobbying issues 3. Principal Place of Business (if different S. 247, Satellite Home Viewers from line 2) 14. REPORTING METHOD. Check box to indicate expense of all lobbying related Improvements Act, provisions relating to City: income from the client (including all video streaming State/Zip (or Country) payrolls to the registrant by any other H.R. 1554, Satellite Copyright, 4. Contact Name Alison H. McSlarrow entity for lobbying activities on behalf of Competition, and Consumer Protection Act, Telephone (602) 482–3150 the client). provisions relating to video streaming E-mail (optional) Method A. Reporting amounts using LDA 17. House(s) of Congress and Federal 5. Senate ID # 48703–12 definitions only agencies contacted Microsoft Corporation Provide a good faith estimate, rounded to Check if None 34541 002 / the nearest $20,000, accounting method. See U.S. Senate TYPE OF REPORT 8. Year 1999 instructions for description of options. U.S. House of Representatives Midyear(January l-June30) ?? OR Year Method B. Reporting amounts under section 18. Name of each individual who acted as a End(July t-December31) 60330o)(8)of the Internal Revenue Code lobbyist in this issue area
Name Covered Official Position (if applicable New
Majority Leader Trent Lott
19. Interest of each foreign entity in the Client Name Microsoft Corporation 16. Specific lobbying issues specific issues listed on line 16 above LOBBYING ACTIVITY. Select as many codes Competition in the software industry Check if, None as necessary to reflect the general issue 17. House(s) of Congress and Federal January 21 2000 areas in which the registrant engaged in agencies contacted Signature lobbying on behalf of the client during Check if None Date the reporting period. Using a separate Printed Name and Title page for each code, provide information U.S. Senate Alison H. McSlarrow, President as requested. Attach additional page(s) as U.S. House of Representatives Form LD-2 (Rev.??/98) needed. 18. Name of each individual who acted as a Registrant Name McSlarrow & Assoc. 15. General issue area code CPI (one per gage) lobbyist in this issue area
Name Covered Official Position (if applicable New
Alison H. McSlarrow ...... Deputy Chief of Staff to Senate ...... Majority Leader Trent Lott
19. Interest of each foreign entity in the S. 761, Millenium Digital Signature l lllllllllllllllllll specific issues listed on line 16 above Commerce Act, all provisions l lllllllllllllllllll Check if None H.R. 1774, Electronic Signatures in Global l lllllllllllllllllll Signature and National Commerce Act, all provisions 19. Interest of each foreign entity in the Date H.R. 775/S. 96 (P.L. 106–37), Year 2000 specific issues listed on line 16 above ?? Printed Name and Title Readiness and Responsibility Act, all Check if None Form LD-2 (Rev.??98) provisions Signature ?? l Registrant Name McSlarrow & Assoc. 17. House(s) of Congress and Federal Printed Name and Title —Alison H. agencies contacted ?? Check if None McSlarrow, President Clint Name Microsoft Corporation U.S. Senate Form LD–2 (Rev ??/98) LOBBYING ACTIVITY. Select as many U.S. House of Representatives ATTACHMENT 34 codes as necessary to reflect the general issue 18. Name of each individual who acted as TO THE areas in which the registrant engaged in a lobbyist in this issue area DECLARATION OF BRIAN DAUTCH lobbying on behalf of the client during the Name Clerk of the House of Representatives reporting period. Using a separate page for Covered Official Secretary of the Senate each code, provide information as requested. Position (if applicable) Legislative Resource Center Office of Attach additional page(s) as needed. New Public Records 15. Genera[ issue area code CSP (one per Alison H. McSlarrow, Deputy Chief of Staff B–106 Cannon Building 232 Hart Building, page) to Senate Washington, DC 20515 Washington, DC 20S 16. Specific lobbying issues Majority Leader Trent Lott 10
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LOBBYING REPORT each code, provide information as requested. l lllllllllllllllllll Lobbying Disclosure Act of 1995 (Section Attach additional page(s) as needed. 19. Interest of each foreign entity in the 5)—All Filers Are Required To Complete 15. General issue area code CPI (one per specific issues listed on line 16 above ?? This Page page) Check if None 1. Registrant Name 16. Specific lobbying issues Competition in Signature Mcglarrow Consulting L.L.C. (formerly the software industry Date McSlarrow & Associates L.L.C.) 17. House(s) of Congress and Federal Printed Name and Title l6551 Kristina Ursula Court, Falls Church, agencies contacted LD-2 (Rev.??/98) Virginia 22044 lllllllllllll Check if None Registrant Name McSlarrow Consulting l lllllllllllllllllll U.S. Senate Client Name Microsoft Corporation l lllllllllllllllllll U.S. House of Representatives LOBBYING ACTIVITY. Select as many 3. Principal Place of Business (if different 18. Name of each individual who acted as codes as necessary to reflect the general issue from line 2) a lobbyist in this issue area areas in which the registrant engaged in City: State/Zip (or Country) Name lobbying on behalf of the client during the l lllllllllllllllllll Covered Official Position (if applicable) reporting period. Using a separate page for l lllllllllllllllllll New ] each code, provide information as requested. 4. Contact Name Alison H. McSlarrow Attach additional page(s) as needed. Telephone Deputy Chief of Staff to l * Senate 15. General issue area code IMM (one per E-mail (optional) Majority page) 5. Senate Leader Trent Lott 16. Specific lobbying issues l lllllllllllllllllll ID # S. 2045, American Competitiveness in the Alison H. McSlarrow (703) 658–0138 l lllllllllllllllllll 21st Century Act, all provisions 48703–12 l lllllllllllllllllll H.R. 3983, Helping Improve Technology 6. House ID # l lllllllllllllllllll Education and Achievement Act, all 7. Client Name ?? Self l lllllllllllllllllll provisions Microsoft Corporation??34541002?? l lllllllllllllllllll H.R. 4227, Technology Worker Temporary TYPE OF REPORT l lllllllllllllllllll Relief act, all provisions 8. Year 2000 Midyear(January 1-June30)?? l lllllllllllllllllll 17. House(s) of Congress and Federal OR Year end (July 1 December 31)?? 19. Interest of each foreign entity in the agencies contacted ?? Check if None 9. Check if this filing amends a previously specific issues listed on line 16 above ?? U.S. Senate filed version of this report ?? Check if None 10. Check if this is a Termination Report Signature 18. Name of each individual who acted as ?? ?? Termination Date Date a lobbyist in this issue area l lllllllllllllllllll 11. No Printed Name and Title l lllllllllllllllllll Lobbying Activity ?? form LD-2 (Rev.6/98) INCOME OR EXPENSES—Complete Either McSlarrow Consulting Senate Majority Leader Trent Lott l lllllllllllllllllll Line 12 OR Line 13 Microsoft Corporation 12. Lobbying Firms Registrant Name l lllllllllllllllllll 13. Organizations Client Name l lllllllllllllllllll INCOME relating: to lobbying activities for LOBBYING ACTIVITY. Select as many l lllllllllllllllllll this reporting codes as necessary to reflect the general issue l lllllllllllllllllll EXPENSES relating to lobbying activities areas in which the registrant engaged in l lllllllllllllllllll for this reporting lobbying on behalf of the client during the l lllllllllllllllllll period was: reporting period. Using a separate page for 19. Interest of each foreign entity in the period were: each code, provide information as requested. specific issues listed on line 16 above ?? Less than $10,000 [2:] Attach additional page(s) as needed. Check if None Less than S10,000 ?? 15. General issue area code CSP (one per Signature $10,000 or more ?? ?? $ page) Date S10,000 or more ?? ?? $40.000 16. Specific lobbying issues Printed Name and Title Expenses (nearest $20,000) S. 761, Millenium Digital Signature Form LD-2 (Rev ??/98) Page 4 of 5 Income (nearest $20.000) Commerce Act, all provisions Registrant Name McSlarrow Consulting 14. REPORTING METHOD. Check box to H.R. 1714, Electronic Signatures in Global Client Name Microsoft Corporation indicate expense and National Commerce Act, all provisions Information Update Page- Complete ONLY Provide a good faith estimate, rounded to 17. House(s) of Congress and Federal where registration information has changed. the nearest $20,000, accounting method. See agencies contacted 20. Client new address instructions for description of options. of all Check if None 21. Client new principal place of business lobbying related income from the client U.S. Senate (if different from line 20) (including all ?? Method A. Reporting U.S. House of Representatives City amounts using LDA definitions only 18. Name of each individual who acted as State/Zip (or Country) payments to the registrant by any other entity a lobbyist in this issue area 22. New general description of client’s for lobbying activities on behalf of the client) Name business or activities Method B Reporting amounts under Covered Official Position (if applicable) LOBBYIST UPDATE section 6033(b)(8)of the Internal Revenue New / 23. Name of each previously reported Code Alison H. McSlarrow; Deputy Chief of Staff individual who is no longer expected to act Method C. Reporting amounts under to l Senate Majority Leader Trent Lott as a lobbyist for the client section 162(e) of the Internal Revenue Code l lllllllllllllllllll ISSUE UPDATE Signature. l lllllllllllllllllll 24. General lobbying issues previously Printed Name and Title l lllllllllllllllllll reported that no longer pertain I.D.2 ?? l lllllllllllllllllll COM Registrant Name McSlarrow Consulting l lllllllllllllllllll AFFILIATED ORGANIZATIONS Client Name Microsoft Corporation l lllllllllllllllllll 25. Add the following affiliated LOBBYING ACTIVITY. Select as many l lllllllllllllllllll organization(s) codes as necessary to reflect the general issue l lllllllllllllllllll Name areas in which the registrant engaged in l lllllllllllllllllll Address lobbying on behalf of the client during the l lllllllllllllllllll Principal Place of Business reporting period. Using a separate page for l lllllllllllllllllll (city and state or country)
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26. Name of each previously reported $10,000 or more ?? ?? $ Check if None organization that is no longer affiliated with $10,000 or mor3 ?? ?? Signature Date P the registrant or client $60,000 rinted Name and Title FOREIGN ENTITLES Expenses (nearest $20,000) Form I.D-2 (Rev.6/98) 27. Add the following foreign entities Income (nearest $20,000) Page 3 of 4 7’’ ‘‘’’ Name 14. REPORTING METHOD, Check box to Registrant Name McSlarrow Consulting Address indicate expense Client Name Microsoft Corporation Principal place of business Provide a good faith estimate, rounded to LOBBYING ACTIVITY. Select as many codes Amount of contribution Ownership the nearest $20,000, accounting method. See as necessary to reflect the general issue areas (city and state or country) instructions for description of options.. of all in which the registrant engaged in lobbying for lobbying activities percentage in lobbying related income from the client on behalf of the client during the reporting client (including all ?? Method A. Reporting period. Using a separate page for each code, 28. Name of each previously reported amounts using LDA definitions only provide information as requested. Attach foreign entity that no longer owns, or payments to the registrant by any other entity additional page(s) as needed. controls, or is affiliated with the registrant, for lobbying activities on behalf of the client). 15. General issue area code TEC (one per client or affiliated organization Method B. Reporting amounts under page) Signature section 6033(b)(8)of the Internal Revenue 16. Specific lobbying issues Date August 10, 2000 Code Interoperability of instant messaging Printed Name and Tile Alison H. Method C. Reporting amounts under 17. House(s) of Congress and Federal McSlarrow, President section 162(e) of the Internal Revenue Code agencies contacted ?? Check if None U.S. Form LD-2 (??ev. 6/98) Signature Senate ATTACHMENT 35 TO THE Printed Name and Title 18. Name of each individual who acted as DECLARATION OF BRIAN DAUTCH LD-2 (REV. 6/981 a lobbyist in this issue area Name Covered LEGISLATIVE RESOURCE CENTER Registrant Name McSlarrow Consulting Official Position (if applicable) New Alison I 2001 FEB 15 PM 3:26 Client Name Microsoft Corporation H. McSlarrow Deputy Chief of Staff to Senate Clerk of the House of Representatives LOBBYING ACTIVITY. Select as many Majority Leader Trent Lott Secretary of the Senate; OFFICE OF THE codes as necessary to reflect the general issue 19. Interest of each foreign entity in the CLERK areas in which the registrant engaged in specific issues listed on line 16 above ?? Legislative Resource Center; Office of lobbying on behalf of the client during the Check if None Public Records; U.S. ?? REPRESEHTATIVES; reporting period. Using a separate page for Signature Date February 2, 2001 B-106 Cannon Building Washington, each code, provide information as requested. Printed Name and Title Alison H. Attach additional page(s) as needed. De20515 McSlarrow, President 15. General issue area code CPI (one per 232 Hart Building Washington, DO20510 Form LD-2 (Rev. 6/98) page) FEB 12 2001 Page 4 of 4 16. Specific lobbying issues LOBBYING REPORT ATTACHMENT 36 TO THE Competition in the software industry 17. Lobbying Disclosure Act of 1995 (Section DECLARATION OF BRIAN DAUTCH House(s) of Congress and Federal agencies 5)—All Filers Are Required To Complete contacted ?? Check if None U.S. Senate U.S. AUG 14 2001 This House of Representatives 18. Name of each Clerk of the House of Representatives Page individual who acted as a lobbyist in this Secretary of the Senate 1. Registrant Name issue area Name Covered Official Position (if LEGISLATIVE RESOURCE CENTER McSlarrow Consulting L.L.C. applicable) Alison McSlarrow Deputy Chief Legislative Resource Center Office of 2. Address ?? Check if 4liferent than of Staff to ?? Senate Majority Leader Trent Public Records B-106 Cannon Building 232 previously reported Lott 19. Interest of each foreign entity in the Hart Building 2001 AUG 15 PM 12:58 6551 Kristina Ursula Court, Falls Church, specific issues listed on line [6 above ?? Washington, DC 20515 Washington, DC Virginia 22044 Check if None Signature Date February 2, 20510 ?? 3. Principal Place of Business (if different 2001 Printed Name and Title Alison H. U.S. ??REPRESENTATIVES LOBBYING from line 2) McSlarrow, President Form LD-2 (Rev.O/q8) REPORT —’’ City: Page 2 of 4 Lobbying Disclosure Act of 1995 (Section State/Zip (or Country) Registrant Name McSlarrow Consulting 5)—All Filers Are Required To Complete 4. Contact Name Client Name Microsoft Corporation This Page 6 Telephone LOBBYING ACTIVITY. Select as many codes 1 Registrant Name E-mail (optional) as necessary to reflect the general issue areas McSlarrow Consulting L.L.C. 5. Senate ID # in which the registrant engaged in lobbying 2. Address ?? Check if different than Alison McSlarrow 703–658–0138 on behalf of the client during the reporting previously reported 48703–12 period. Using a separate page for each code, 6551 Kristina Ursula Court, Falls Church, Microsoft Corporation ( provide information as requested. Attach Virginia 22044 34541002 2 additional page(s) as needed. 15. General 3. Principal Place of Business (if different TYPE OF REPORT issue area code IMM (one per page) from line 2) 8. Year 2000 Midyear(January l-Seine30) ?? 16. Specific lobbying issues City: Stale/Zip (or Country) OR Year End(July 1-December31) S. 2045, American Competitiveness in the 4. Contact Name Telephone E-mail 9. Check if this filing amends a previously 21st Century Act, all provisions (optional) filed version of this report O H.R. 3983, Helping Improve Technology 5. Senate ID # 10. Check if this a Termination Report ?? Education and Achievement Act, all Alison McSlarrow 703–658–01 38 48703– ?? Termination Date 11 No Lobbying Activity provisions H.R. 4227, Technology worker 12 [-’1 Temporary Relief Act, all provisions 7. Client Name ?? Self 6. INCOME OR EXPENSES—Complete Either 17. House(s) of Congress and Federal House ID #— Microsoft Corporation 34541 Line 12 OR Line 13 agencies contacted ?? Check if None U.S. 002?? 12. Lobbying Firms Senate TYPE O17 REPORT 8. Year 2001 Midyear 13. Organizations 18. Name of each individual who acted as (January [-June 30) ?? OR Year End (July 1- INCOME relating to lobbying activities for a lobbyist in this issue area December 31) ?? this reporting EXPENSES relating to lobbying Name Covered official Position (if 9 Check if this fling amends a previously activities for this reporting applicable) New [ ?/ Alison H. McSlarrow filed version of this report ?? t0. Check if this period was: Deputy Chief of Staff to Senate Majority is a Termination Report ?? Termination Date period were: Leader Trent Lott 11. No Lobbying Activity ?? Less than $10,000 ?? 19. Interest of each foreign entity in the INCOME OR EXPENSES- Complete Either Less than $10,000 ?? specific issues listed on line 16 above ?? Line 12 OR Line I3
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12. Lobbying Firms 13. Organizations 15. General issue area code IMM (one per Lobbying Disclosure Act of 1995 (Section INCOME relating to lobbying activities for page) 5)—All Filers Are Required To Complete this reporting EXPENSES relating to lobbying 16. Specific lobbying issues This activities for this reporting period was: S. 2045, American Competitiveness in the 1 Registrant Name period were: Less than $10,000 ?? Less than 21st Century Act, all provisions McSlarrow Consulting L.L.C. $10,000 ?? $10,000ormore ?? ?? $ $10.000 or H.R. 3983, Helping Improve Technology 2. Address 6551 Kristina Ursula Court, more ?? ?? $ 60,000 Expenses (nearest Education and Achievement Act, all Falls Church, Virginia 22044 $20,000) Income (nearest S20.000) 14. provisions Check if different than previously reported REPORTING METHOD. Check box to H.R. 4227, Technology worker Temporary 3. Principal Place of Business (if different indicate expense Provide a good faith Relief Act, all provisions from line 2) estimate, rounded to the nearest $20,000, 17. House(s) of Congress and Federal City: accounting method. See instructions for agencies contacted ?? Check if None Stale/Zip (or Country) description of options. of all lobbying related U.S. Senate 4. Contact Name income from the client (including all ?? 18. Name of each individual who acted as Telephone E-mail (optional) Method A. Reporting amounts using LDA a lobbyist in this issue area 5. Senate ID # definitions only payments to the registrant by Name Alison McSlarrow 703–658–01 38 any other entity for lobbying activities on Covered official Position (if applicable) 48703–12 behalf of the client). ?? Method B. Reporting New amounts under section 6033(b)(8) of the 7. Client Name ?? Self 6. Alison H. McSlarrow; Deputy Chief of Staff House ID #l Internal Revenue Code ?? Method C to Reporting amounts under section 162(e) of Microsoft Corporation Senate Majority Leader Trent Lott the Internal Revenue Code Signature Printed 34541 002?? 19. Interest of each foreign entity in the Name and Tide LD-2 (REV. 6/98) PAGE 1 of TYPE O17 REPORT 8. Year 2001 Midyear specific issues listed on line 16 above 5 (January [-June 30) ?? OR Year End (July 1- Check if None McSlarrow Consulting Client Name December 31) ?? Signature Microsoft Corporation Registrant Name 9. Check if this fling amends a previously Date LOBBYING ACTIVITY. Select as many filed version of this report ?? Printed Name and Title codes as necessary to reflect the general issue 10. Check if this is a Termination Report Form I.D-2 (Rev.6/98) areas in which the registrant engaged in ?? Termination Date Registrant Name McSlarrow Consulting lobbying on behalf of the client during the 11. No Client Name Microsoft Corporation reporting period. Using a separate page for Lobbying Activity ?? INCOME OR EXPENSES- Complete Either each code, provide information as requested. LOBBYING ACTIVITY. Select as many Line 12 OR Line I3 Attach additional page(s) as needed. codes as necessary to reflect the general issue 12. Lobbying Firms 15. General issue area code CPI (one per areas in which the registrant engaged in 13. Organizations page) lobbying on behalf of the client during the INCOME relating to lobbying activities for 16. Specific lobbying issues Competition in reporting period. Using a separate page for each code, provide information as requested. this reporting the software industry period was: period were: 17. House(s) of Congress and Federal Attach additional page(s) as needed. 15. General issue area code TEC (one per EXPENSES relating to lobbying activities agencies contacted ?? Check if None for this reporting U.S. Senate page) 16. Specific lobbying issues Less than $10,000 ?? U.S. House of Representatives Less than $10,000 ?? 18. Name of each individual who acted as Interoperability of instant messaging 17. House(s) of Congress and Federal $10,000ormore ?? ?? $ a lobbyist in this issue area $10.000 or more ?? ?? Name Covered Official Position (if agencies contacted ?? Check if None U.S. Senate $60,000 Expenses (nearest $20,000) Income applicable) New Alison.—.. McSlarrow ?? (nearest S20.000) 19. Interest of each foreign entity in the 18. Name of each individual who acted as a lobbyist in this issue area 14. REPORTING METHOD. Check box to specific issues listed on line 16 above ?? indicate expense Check if None Signature Date Printed Name Name Covered Provide a good faith estimate, rounded to and Title Form LD.2 (Rev.6/98) Page 2 of the nearest $20,000, accounting method. See Official Position (if applicable) 17. House(s) of Congress and Federal instructions for description of options. of all New agencies contacted ?? Check if None lobbying related income from the client Alison H. McSlarrow; Deputy Chief of Staff U.S. Senate (including all to U.S. House of Representatives Method A. Reporting amounts using LDA Senate Majority Leader Trent Lott 18. Name of each individual who acted as definitions only payments to the registrant by a lobbyist in this issue area 19. Interest of each foreign entity in the any other entity for lobbying activities on Name specific issues listed on line 16 above ?? behalf of the client). Covered Official Position (if applicable) Check if None Method B. Reporting amounts under Alison McSlarrow; Deputy Chief of Staff to Signature section 6033(b)(8) of the Internal Revenue Senate Majority Leader Trent Lott Date February 2, 2001 Code 19. Interest of each foreign entity in the Printed Name and Title Alison H. Method C Reporting amounts under specific issues listed on line [6 above McSlarrow, President section 162(e) of the Internal Revenue Code Check if None Form LD-2 (Rev. 6/98) Signature Signature ATTACHMENT 36 Printed Name and Tide Date February 2, 2001 TO THE DECLARATION OF BRIAN LD-2 (REV. 6/98) Printed Name and Title Alison H. DAUTCH McSlarrow Consulting Client Name McSlarrow, President AUG 14 2001 Microsoft Corporation Form LD-2 (Rev.O/q8) Clerk of the House of Representatives Registrant Name Registrant Name McSlarrow Consulting Secretary of the Senate LOBBYING ACTIVITY. Select as many Client Name Microsoft Corporation LEGISLATIVE RESOURCE CENTER codes as necessary to reflect the general issue LOBBYING ACTIVITY. Select as many Legislative Resource Center, B-106 Cannon areas in which the registrant engaged in codes as necessary to reflect the general issue Building, Washington, DC 20515 lobbying on behalf of the client during the areas in which the registrant engaged in Office of Public Records, 232 Hart reporting period. Using a separate page for lobbying on behalf of the client during the Building, Washington, DC 20510 each code, provide information as requested. reporting period. Using a separate page for 2001 AUG 15 PM; 12:58 Attach additional page(s) as needed. each code, provide information as requested. U.S. ??REPRESENTATIVES 15. General issue area code CPI (one per Attach additional page(s) as needed. LOBBYING REPORT —’’ page)
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16. Specific lobbying issues New 10. Check if this is a Term??ation Report Competition in the software industry Alison H. McSlarrow ?? ?? Ter??nation Date 17. House(s) of Congress and Federal 19. Interest of each foreign entity in the I l, No Lobbying A?? agencies contacted specific issues listed on line 16 above ?? INCOME OR EXPENSES-Complete Either Check if None Check if None Line 12 OR Line 13 U.S. Senate Signature 12. Lobbying Fie?? 13. U.S. House of Representatives Date Organizations 18. Name of each individual who acted as Printed Name and Title INCOME relating to lobbying activities for a lobbyist in this issue area Form LD-2 (Rev.6/98) this reporting Name Registrant Name McSlarrow Consulting EXPENSES relating to lobbying activities Covered Official Position (if applicable) Client Name Microsoft Corporation for this reporting New LOBBYING ACTIVITY. Select as many period was: Alison.l.. McSlarrow codes as necessary to reflect the general issue period were: 19. Interest of each foreign entity in the areas in which the registrant engaged in Less than $10.000 ?? specific issues listed on line 16 above ?? lobbying on behalf of the client during the Less than $10,000 ?? Check if None reporting period. Using a separate page for $10.000 or more ?? ?? $3,340,000 Signature each code, provide information as requested. I??come ?? $20,000 Date Attach additional page(s) as needed. 14. REPORTING Printed Name and Title 15. General issue area code TAX (one per ??IETHOD, Check box to indicate expen?? Form LD.2 (Rev.6/98) Page 2 of page) Provide a good ??ith estimate, rounded to Registrant Name McSlarrow Consulting 16. Specific lobbying issues the nearest $20,000. accounting method. See Client Name Microsoft Corporation S. 532, Internet Tax Moratorium and instructions for description of options of all LOBBYING ACTIVITY. Select as many Equity Act, all provisions lobbying related income from the client codes as necessary to reflect the general issue S. 589, A bill to make permanent the (including all areas in which the registrant engaged in moratorium on the imposition of taxes on the Method A. Reporting amounts using LDA lobbying on behalf of the client during the Internet, all provisions definitions o?? payments to the registrant by reporting period. Using a separate page for S. 664, New Economy Tax Fairness Act, all any other en??y for ??obbying activities on each code, provide information as requested. provisions behalf of the client??. Attach additional page(s) as needed. S. 41, To amend the Internal Revenue Code Method B. Reporting amounts under 15. General issue area code CPT (one per of 1986 to permanently extend the research section 6033(b)(8)C Internal Reve??oe Code page) credit, all provisions Method C. Reporting amounts under 16. Specific lobbying issues Software H.R. 1836, Economic Growth and Tax section 162(e) of th Internal Revenue Cod??? piracy, counterfeiting, and protection of Relief Reconciliation Act of 2001, research Signature intellectual property rights and development tax credit provisions Printed Name and Title Jack Krumholtz, 17. House(s) of Congress and Federal 17 House(s) of Congress and Federal Director of Federal Government Affairs, agencies contacted ?? Check if None agencies contacted Registrant Name Microsoft Corporation U.S. Senate Check if None Client Name Se?? U.S. House of Representatives U.S. Senate LOBBYING ACTIVITY’’. ?? as many codes 18. Name of each individual who acted as 18. Name of each individual who acted as as necessary to reflect, the general issue areas a lobbyist in this issue area a lobbyist in this issue area in which the Regis?? engaged in lobbying on Name Name behalf of the client during the reposing Covered Official Position (if applicable) Covered Official Position (if applicable) period. Using a separate page for each code New New prov?? information as requested. Attach Alison H. McSlarrow Alison H. McSlarrow additional page(s) as needed, 19. Interest of each foreign entity in the 19. Interest of each foreign entity in the General issue area code IMM (one per specific issues listed on line 16 above ?? specific issues listed on line 16 above page) Check if None Check if None 16. Specific l??bbying issues Signature Signature H.R. 3983, Helping Co Improve Technology Date Date August 12, 2001 Education and Achievement Act of 2000 Printed Name and Title Printed Name and Title Alison H. H.R. 4227, T??chnology Worker Temporary Form LD-2 (Rev. 6/98) McSlarrow, President Relief Act Registrant Name McSlarrow Consulting Form LD-2 Rev.6/98) S. 2045, American Competitiveness in the client Name Microsoft Corporation ATTACHMENT 37 Twenty-first Century Act of LOBBYING ACTIVITY. Select as many TO THE DECLARATION OF BRIAN 17. House(s) of Congress and Federal codes as necessary to reflect the general issue DAUTCH agencies contacted areas in which the registrant engaged in B.106 C?? B??, Washington, DC 20?? 15 Check if None lobbying on behalf of the client during the ?? H?? Building, Washington, DC 20510 Senate reporting period, Using a separate page for AUG House of Representatives each code, provide information as requested. LOBBYING REPORT Department of Commerce Attach additional page(s) as needed. Lobbying Disclosure Act of 1995 (Section National Economic Council 15. General issue area code CSP (one per 5)—All Filers Are Required To Complete Office of the President page) This Page 18. Name of each individual who acted as 16. Specific lobbying issues Microsoft Corporation a lobbyist in this issue area Internet privacy 2.1 D??nt Circle, NW, 5th Floor, Jack Krumholtz S. 803, E-government Act of 2001, all Washington, DC 20036 Eric Koenig provisions City: Redmond Chief of Staff 17. House(s) of Congress and Federal state/Zip ?? WA 98052 Kent Knutson, Deputy Asset. Sec. for agencies contacted Jack ??rumholtz Intergovernme?? Check if None 202–263–5900 25204–12 Tom Jurkovich, Affairs(. US Dept. of U.S. Senate 7. Ciieat Name ?? Se?? Commerce U.S. House of Representatives 6. House ID # 31174000 John Sampson, Associate Director, Senate 18. Name of each individual who acted as TYPE OF REPORT 3. Year 2000 Midyear Democrat a lobbyist in this issue area (January 1-June 30) ?? OR Year End (July 1- James Houton, Steering, and Coordination Name December Committe?? Covered 9. Check it this filing amends a previously Ira Rubinstein Official Position (if applicable) filed version of ibis report Julie Inman
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19. Interest of each foreign entity in (he Bill Sample engaged in lobbying on behalf of the client specific issues listed on line 16 above http://sopr.senate.gov/cgi-win/opr— during the reporting period. ??sing a separate Check if None gifviewer.exe? page for each code, prov?? information as Printed Name and Title Jack, Associate Filing Images requested, Attach additional page(s) as General Counsel Associate General. Counsel needed. Regis?? Name Microsoft Corporation Client http://sopr.senate.gov/cgi-win/ 15. General issue area code CSP (one per Name Self oprgifviewer.exe? page) LOBBYING ACTIVITY. Select as many Filing Images 16. Specific lobbying issues codes as necessary to reflect the general issue ?? Name Microsoft Corporation ?? Name H.R, 1714, ELectronic Signatures in Global areas in which the regist?? engaged in Self and National Commerce Act. lobbying on behalf of the client during the LOBBYING ACTIVITY. Select as many S. 761, Millennium Digital Commerce Act reporting period. Using a separate page for codes as necessary to reflect the general issue (Digital Signatures) each code. ?? information as requested. areas in which the regist?? engaged in S. 2063:; Secure Online Communication Attach additional page(s) as needed. lobbying on behalf of the client ?? the enforcement. Act of 2000 15. General issue code CPT (one per paceb reporting period. Using a separate page for S. 854, Electronic Rights for the 21st ?? 16, Specific lobbying issues each code, prov information as requested. Century Act H.R. 354, Collections of Information A?? additional page(s) as needed. S. 2448, Internet Integrity and Critical Antipiracy Act 15. General issue area code CPI (one per Infrastructures Protection Act. of 2000 H.R. 4690, Departments of. Commerce, page) S. 2606, Consumer Privacy Protection Act:. Justice and State, the Judiciary, and Related 16. Specific lobbying issues H.R. 4049, Privacy Commission Act Agencies Appropriations Act, 2001, relating H.R. 4246, Cyber Security Information Act H.R. 1685, Internet Growth and to copyright and patent issues S. 2448, Internet Integrity and Critical Development Act House Amendment 889 to H.R. 4690, Infrastructure Protection Act of 2000 17. House(s) of Congress and Federal Amendment to increase funding for US competition in the Software Industry agencies contacted ?? Check if None Patent and Trademar?? offices ‘‘ Promoting Protection of Critical Senate?? Software Piracy, Counterfeiting and Infrastructures House of Representatives Copyright Protection 7. House(s) of Congress and Federal White House 17. House(s) of Congress and Federal agencies contacted ?? Department of Commerce agencies con??acted Check if None Federal Communications Commission Cheek if None S??nate Federal Trade Commission Senate House of Represe??tatives Department of state House of Representatives Department of Justice 18. Name of each individual who acted as Nabions1 Economic Council National Security Agency a lobbyis?? in this issue area ?? Office of the Vice President Federal Bureau of Investigation Jack Krumholtz Department of Commerce Department of Commerce: Eric Koenig Department’’ of State Department of Defense Chief of Staff United States Trade Representative 18. Name of each individual who acted as Kerry Knot t, House Majority Leader ??Department ?? a lobbyist in this issue area Richard Arm?? 18. Name of each individual who acted as C?? Official Pos?? (if ??) Kent Kn??tson Deputy Asst. Sec. for a lobbyist in this issue area Jack Krumho?? Intergovernme?? Covered Official Position (if applicable) Eric Koenig Tom Jurlovich Affairs, US Dept. of Jack Krumholtz Chief of Staff Kerry Knott House Majority Commerce Eric Koenig Leader Richard Arm John Sampson, Associate Director, Senate Chief of Staff Kent Knutson Democrat Kerry Knott Deputy Asst. sec. for Intergovernme?? James Houton Steering and Coordination House Majority Leader Richard Ar?? Tom Jurkovich, Affairs, US Dept. of Committes Kent Knutson Commerce: 19. Interest of each foreign ??ity in the Tom Jurkovich, Affairs,. US Dept. off John Sampson Specific issues listed on line 16 above Commerce ,. Associate Director, Senate Democrat ?? Check if None -John Sampson Associate Director, senate James Houton Signature Date Democrat ?? Printed Name and Title Jack ??umholtz, 19. ?? of each foreign entity in the specific 19. Interest of each foreign entity in the Director of Federal Government Affairs, issues listed on line 16 above ?? specific issues listed on line 16 above ?? Associate General Counsel Check if None Check if None http://sopr.senate.gov/cgi-win/opr— Printed Name and Title Jack ‘‘?? Printed Name and Title J?? Director of Fe?? gifviewer.exe? Director of Federal Government Affairs, fairs, Filing Images ?? Associate General Counsel. Associate General Microsoft Corporation Registrant Name Microsoft Corporation Counsel General Issue Area: CSP Cli?? Name Self http://sopr.senate.gov/cgi-win/opr— Specific lobbying issues LOBBYING ACTIVITY- Select as many gifviewer.exe? International Online Consumer Protection, codes as necessary to reflect the general issue Filing Images Privacy and ar?? in which the re?? engaged in lobbying on Microsoft Corporation Jurisdictional Issues behalf of the client during the reporting General Issue Area: CPI Name of each individual who acted as a period. Using a separate page for each code. Name of each individual who acted as a lobbyist in this issue are prov?? Information as requested. Attach lobbyist in this issue are; Marc Berejka additional page(s) as needed. Marc Berejka Bill Guidera 15. ?? Bill Guidera http://sopr.senate.gov/cgi-win/opr— Filing Images Ira Rubinstein gifviewer.exe? Microsoft Corporation Mike Egan Filing image ?? General Issue Area: TAX : John Kelly Registrant Name Microsoft Corporation Foreign Sales Corpora=ion Dispute Ed Tobin Client Name Se?? Pending at %/TO Filing Images ?? LOBBYING ACTIVITY. Select as many Name of each individual who acted as a ?? Name Microsoft Corporation Client codes as necessary co reflect the general issue lobbyist in this issue ar?? Name Se?? LOBBY??G ACTIVITY. Select as arena in which the regist?? engaged in Marc Berejka many codes as necessary to reflect the lobbying on behalf of the client during the Julie Inman general issue areas in which the regist?? reporting period. Using a separate page for
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each tacit, prov?? information as requested. 7. ORGANIZATIONS EMPLOYING IN- CARLSON, AMY—ATTORNEY Attach additional page(s) as needed. HOUSE LOBBYISTS. Expenses incurred in STEPHENS, DENNIS—GOVT. AFFAIRS 15. General issue area code LBR (one per connection with lobbying activities during ANALYST page) tile reporting GARVIE, PAMELA—ATTORNEY 16. Specific lobbying issues period were: MOSHER, SOL—SR ADV. FOR FED. H.R, 3462, Wealth through the Workplace Less than $10,000 ?? $10,000 or more ?? AFFAIRS :Act of 1999 If $10,000 or more, provide a good faith BERGER, AMY—Attorney H.R. 1102, Comprehensive Retirement estimate, rounded to the nearest $20,000, of 12. For registrants identifying foreign Security and Pension Reform Act the total amount of all lobbying expenses entities in the Lobbying Registration (Form 17. House(s) of Congress and Federal incurred by the registrant and its employees LD-I, line 12) or any updates: interest of each agencies contacted during this reporting period. such foreign entity in the specific lobbying ?? Check if None Expenses $ issues listed on line 9 above Senate Total for year (if Year End report) $ **NONE** House of Representatives Optional Expense Reporting Methods Printed Name and Title TIM Department of Labor A. Registrants that report lobbying PECKINPAUGH—ATTORNEY 18. Name of each individual who acted as expenses under section 6033(bX8) of the Date 2117/98 a lobbyist in this issue area Internal Revenue Code may provide a good Form LD-2 (1/96) Jack Krumholtz faith estimate of the applicable amounts that ATTACHMENT 39 Eric Koenig would be required to be disclosed under TO THE DECLARATION OF BRIAN -Kerry Knott Chief of Staff section 6033(b)(8) for the semiannual DAUTCH ?? Kent Knutson reporting period, and may consider as Clerk of the House of Representatives, Deputy Asst. Sec. for Intergovernme?? lobbying activities only those defined under Legislative Resource Center, I3–106 Cannon Tom Jurkovich Affairs,. US Dept. of section 491l(d) of the Internal Revenue Code. Building, Washington, DC 20515 Commerce If selecting this method, check box and (i) Secretary of the Senate, Office of Public John Sampson enter estimated amounts on the ‘‘Expenses’’ Records, 232 Hart Building, Washington, DC Associate Director, Senate Democrat line above; or (ii) attach a copy of the IRS 20510 James Houton Steering and Coordination Form 990 that includes this reporting period. 96 AUG 14 PM 3:33 Committe?? ?? LOBBYING REPORT Julie Inman B. Registrants subject to section 162(e) of Lobbying Disclosure Act of 1995 (Section Bill Sample the Internal Revenue Code may make a good 5)—All Filers Are Required to Complete This 19. I?? of each foreign entity in the specific faith estimate of all applicable amounts that Page issues listed on fine [6 above ?? Check if would not be deductible under section 162(e) 1. Registrant Name None for the semiannual reporting period, and may PRESTON GATES ELLIS & ROUVELAS Associate General Counsel consider as lobbying activities only those MEEDS LLP http://sopr.senate.gov/cgi-win/opr— activities the costs of which are not 2. Address ??Check if different than gifviewer.exe? deductible pursuant to section 162(e). If previously reported 1735 NEW YORK ATTACHMENT 38 selecting this method, check box and enter AVENUE, SUITE 500, NW WASHINGTON TO THE DECLARATION OF BRIAN estimated amounts on the ‘‘Expenses’’ line DC 20006–5209 DAUTCH SECRETARY OF THE SENATE above. ?? 3. Principal Place of Business (if different CLERK OF THE HOUSE OF Form LD-2 (1/96) from line 2) REPRESENTATIVES Registrant Name PRESTON GATES ELLIS City LOBBYING REPORT 31355019 & ROUVELAS MEEDS LLP State/Zip (or Country) Lobbying Disclosure Act (Section 5) Client Name MICROSOFT CORPORATION 4. Contact Name For Official Use LOBBYING ISSUES. On line 8 below, enter Telephone 1. Year 1997 the code for one general lobbying issue area E-mail (optional) 5. 2. Report Type (check all that apply) in which the registrant engaged in lobbying Senate ID # Midyear(January l-June30) ?? Year End activities for the client during this reporting ROSANNE PHILLIPS 202–628–1700 (July 1-December 31) period (select applicable code from list in the 313355019 Amended report ?? Termination report ?? instructions and on the reverse side of Form 7. Client Name ?? Self No activity (registration to remain in effect) LD-2, page 1). For that general issue area MICROSOFT CORPORATION ?? only, complete lines 9 through 12. If the TYPE OF REPORT 8. Year 1998 REGISTRANT registrant engaged in lobbying activities for Midyear(January l-June 30) ?? OR Year End 3. Name of Registrant PRESTON GATES the client in more that one general issue area, (July ELLIS & ROUVELAS MEEDS LLP [ use one Lobbying Report Addendum page for l-December 31) ?? 4. Telephone number and contact name each additional general issue area. 9. Check if this filing amends a previously (202) 6282–1700 Contact Rosanne Phillips 8. General lobbying issue area code (enter filed version of this report ?? CLIENT Lobbying firms file separate one) CPI 10. Check if this is a Termination Report reports for each client. An organization 9. Specific lobbying issues (include bill ?? >> Termination Date 11. No employing in-house lobbyists indicates numbers and specific executive branch Lobbying Activity?? ‘‘Self.’’ actions) INCOME OR EXPENSES—Complete Either 5. Name of Client MICROSOFT Bills: Line 12 OR Line 13 CORPORATION H.R.695; Security and Freedom Through 12. Lobbying Firms INCOME OR EXPENSES Answer line 6 or Encryption (SAFE) Act; 13. Organizations line 7 as applicable. S.377; Promotion of Commerce On-Line in INCOME relating to lobbying activities for 6. LOBBYING FIRMS. Income from the the Digital Era (Pro-CODE) Act of 1997; this reporting client during the reporting period, other than S.909; Secure Public Networks Act; EXPENSES relating to lobbying activities income unrelated to lobbying activities, was: Congressional Issues: Competition in the for this reporting Less than $10,000 ?? S10,000 or more ?? Software Market period was: IFS10,000 or more, provide a good faith 10. Houses of Congress and Federal period were: estimate, rounded to the nearest $20,000, of agencies contacted Less than $10,000 ?? all income from the client during this House of Representatives Less than $10,000 ?? reporting period. Include any payments by Senate $10,000 or more ?? >> $ $360,000.00 any other entity for lobbying activities on 11. Name and title of each employee who $10,000 or more ??>> $ behalf of the client. Exclude income acted as a lobbyist Income (nearest $20,000 unrelated to lobbying activities. HELM, BRUCE—ATTORNEY Expenses (nearest $20.000) Incomes 220.000.00 Total for year (if Year BRANDT, WERNER—GOVT. AFFAIRS 14. REPORTING METHOD. Check box W End report) $ 380.000.00 COUNSELOR indicate expense
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Provide a good faith estimate, rounded to No 15. General issue area code CPT (one per the nearest accounting method. See CARLSON, AMY page) instructions for description of options. No 16. Specific Lobbying issues $20,000 of all lobbying related income 19. Interest of each foreign entity in the H.R. 2281, WIPO Copyright Treaties from the client (including all payments to the specific issues listed on line Implementation Act, all provisions registrant by any other entity ?? 16 above ?? S.2037, Digital Millennium Copyright Act Method A. Reporting amounts using LDA Check if of 1998, all provisions definitions only for lobbying activities on None 17. House(s) of Congress and Federal behalf of the client). ?? Signature Date 8/14/98 agencies contacted ?? Check if None Method B. Reporting amounts under Printed Name and Title EMANUEL House of Representatives section 6033(b)(8) of the Internal Revenue ROUVELAS—ATTORNEY Page 2 Senate Code ?? Registrant Name: PRESTON GATES ELLIS 18. Name of each individual who acted as Method C, Reporting amounts under & ROUVELAS MEEDS LIP a lobbyist in this issue area section 162(e) of the Internal Revenue Code Client Name: MICROSOFT Name Coveted Official Position (if Signature CORPORATION applicable) Date 8/14/98 New Printed Name and Title EMANUEL Item Description Data WALKER, FRANKLIN ROUVELAS—ATTORNEY Yes Registrant Name: PRESTON GATES ELLIS 18a Lob- STEPHENS, MILDER, BENJAMIN Leg. Corres.—Sen. & ROUVELAS MEEDS LLP byist DENNIS.. Hatfield Client Name: MICROSOFT Name. Yes CORPORATION 18b ...... Covered Official xl HEIMAN, BRUCE LOBBYING ACTIVITY. Select as many Position. No codes as necessary to reflect the general issue 18c ...... New Lobbyist ... No. MASHBURN, JOHN LEG. DIR. SEN. JOHN areas in which the registrant engaged in 18a ...... Lobbyist Name MOSHER, SOL. ASHCROFT lobbying on behalf of the client during the 18b ...... Covered Official xl No reporting period. Using a separate page for Position. PIZZELLA, PATRICK each code, provide ??nformation as 18c ...... New Lobbyist ... No. No requested. Attach additional page(s) as 18n ...... Lobbyist Name BERGER, AMY. CARLSON, AMY needed. 18b ...... Covered Official xl No 15. General issue area code CPI (one per Position. ROUVELAS, EMANUEL page) 18c ...... New Lobbyist ... No. No 16. Specific Lobbying issues 18a ...... Lobbyist Name ABRAMOFF, 19. Interest of each foreign entity in the H.R.695, Security and Freedom Through JACK. specific issues listed on line I6 above ?? Encryption (SAFE) Act, all sections 18b ...... Covered Official xl Check if S.2067, Encryption Protects the Rights of Position. None Individuals from Violation and Abuse in 18c ...... New Lobbyist ... No. Signature Cyberspace 181 ...... Lobbyist Name MASHBURN, Date 8/14/98 (F-PRIVACY) Act, all sections JOHN. Printed Name and Title EMANUEL S.376, Encrypted Communications Privacy lab ...... Covered Official LEG. DIR. SEN. ROUVELAS—ATTORNEY Act of 1997, all sections Position. JOHN Registrant Name: PRESTON GATES ELLIS S.377, Promotion of Commerce On-Line in ASHCROFT. & ROUVELAS MEEDS LLP the Digital Era (Pro=CODE) Act of 1997, all 18c ...... New Lobbyist ... No. Client Name: MICROSOFT sections 18a ...... Lobbyist Name PIZZELLA, CORPORATION S.909, Secure Public Networks Act, all PATRICK. sections Senate Judiciary Committee 18b ...... Covered Official xl Item Description Data Hearings on Competition in the Software Position. Market. 18c ...... New Lobbyist ... No. 18a ...... Lobbyist Name BRANDT, WER- 17. House(s) of Congress and Federal 18a ...... Lobbyist Name PECKINPAUG- NER agencies contacted ?? H, TIM. 18b . Check if None 18b ...... Covered Official xl Cov- House of Representatives Position. ered OSTP NSC USTR DOJ FBI NEC DOC CIA 18c ...... New Lobbyist ... No. Offi- OMB NSA 18a ...... Lobbyist Name JARRELL, WIL- cial Senate LIAM. Posi- Vice President 18b ...... Covered Official Deputy Chief of tion. White House Position. Staff- Pep. I8c ...... New Lobbyist ... No 18. Name of each individual who acted as Tom DeLay. 18a ...... Lobbyist Name STEPHENS, a lobbyist in this issue area 18c ...... New Lobbyist ... No. DENNIS Name 18a ...... Lobbyist Name ROUVELAS, 18b ...... Covered Official Coveted Official Position (if applicable) EMANUEL. Position. New 18b ...... Coveted Official xl 18c ...... New Lobbyist ... No O’NEIL, MICHAEL, Position. 18a ...... Lobbyist Name JARRELL, WIL- Gen. Counsel, CIA -Chief of Staff-CIA I8c ...... New Lobbyist ... No. LIAM No 18b ...... Covered Official Deputy Chief of SLOMOWITZ, ALAN Registrant Name: PRESTON GATES ELLIS Position. Staff- Rep. Adm. Asst. -Rep. Robert Borski & ROUVELAS MEEDS LLP Tom DeLay Yes Client Name: MICROSOFT 18c ...... New Lobbyist ... No WALKER, FRANKLIN CORPORATION Yes LOBBYING ACTIVITY. Select as many Page 5 MILDER, BENJAMIN, Leg. Corres.—Sen. codes as necessary to reflect the general issue Registrant Name: PRESTON GATES ELLIS Hatfield areas in which the registrant engaged in & ROUVELAS MEEDS LLP Yes lobbying on behalf of the client during the Client Name: MICROSOFT HEIMAN, BRUCE reporting period. Using a separate page for CORPORATION No each code, provide information as requested. LOBBYING ACTIVITY. Select as many BRANDT, WERNER Attach additional page(s) as needed. codes as necessary to reflect the general issue
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areas in which the registrant engaged in Item Description Data 17. House(s) of Congress and Federal lobbying on behalf of the client during the agencies contacted ?? Check if reporting period. Using a separate page for 18a ...... Lobbyist Name WALKER, None each code, provide information as requested. FRANKLIN House of Representatives Attach additional page(s) as needed. 18b ...... Covered Official xl Senate 15. General issue area code IMM (one per Position. 18. Name of each individual who acted as page) 18c ...... New Lobbyist ... No a lobbyist in this issue area 16. Specific Lobbying issues 18a ...... Lobbyist Name MILDER, BEN- Name Covered Official Position (if H.R.3736, Workforce Improvement and JAMIN applicable) New Protection Act of 1998, all provisions relating 18b ...... Covered Official Leg. Corres.- BRANDT, WERNER to the Position. Sen. Hatfield No H1-B visa program. 18c ...... New Lobbyist ... Yes CARISON, AMY S.1723, American Competitiveness Act, all No provisions rebating to the H1-B visa program. Registrant Name: PRESTON GATES ELLIS HEIMAN, BRUCE 17. House(s) of Congress and Federal & ROUVELAS MEEDS LLP No agencies contacted ?? Check if None Client Name: MICROSOFT STEPHENS, DENNIS No House of Representatives CORPORATION JARRELL, WILLAM, Deputy .Chief of Staff- Senate LOBBYING ACTIVITY. Select as many IS. Name of each individual who acted as Rep. Tom codes as necessary to reflect the general issue DeLay a lobbyist in this issue area areas in which the registrant engaged in Name No lobbying on behalf of the client during the MASHBURN, JOHN, LEG. DIR. SEN. JOHN Covered Official Position (if applicable) reporting period. Using a separate page for New ASHCROFT each code, provide information as requested. No HEIMAN, BRUCE Attach additional page(s) as needed. No SLOMOWITZ, ALAN, Adm. Asst. -Rep. 15. General issue area code TAX (one per Robert Borski CARLSON, AMY page) Yes No 16. Specific Lobbying issues 19. Interest of each foreign entity in the BRANDT, WERNER H.R.1054, Internet Tax Freedom Act, all specific issues listed on line 16 above ?? No provisions ROUVELAS, EMANUEL H.R.4105, Internet Tax Freedom Act, all Check if None No provisions Signature O’NEIL, MICHAEL Gen. Counsel, CIA S.442, Internet Tax Freedom Act, all Date 8/14/98 -Chief of Staff-CIA provisions Printed Name and Title EMANUEL Yes 17. House(s) of Congress and Federal ROUVELAS—ATTORNEY STEPHENS, DENNIS agencies contacted ?? Check if None Registrant Name: PRESTON GATES ELLIS No House of Representatives & ROUVELAS MEEDS LLP JARRELL, WILLIAM Deputy Chief of Staff- Senate Client Name: MICROSOFT Rep. Tom DeLay 18. Name of each individual who acted as CORPORATION No a lobbyist in this issue area 19. Interest of each foreign entity in the Name Covered Official Position Of Item Description Data specific issues listed on line 16 above ?? applicable) Check if New 18a ...... Lobbyist Name PIZZELLA, None MASHBURN, JOHN LEG. DIR. SEN. JOHN PATRICK. Signature ASHCROFT 18b ...... Covered Official xl Date 8/14/98 No Position. Printed Name and Title EMANUEL PIZZELLA, PATRICK 18c ...... New Lobbyist ... No. ROUVELAS—ATTORNEY No 18a ...... Lobbyist Name PECKINPAUG- Registrant Name: PRESTON GATES ELLIS WALKER, FRANKLIN H, TIM. & ROUVELAS MEEDS LLP yes 18b ...... Covered Official xl Client Name: MICROSOFT BRANDT, WERNER Position. CORPORATION No 184 ...... New Lobbyist xl CARLSON, AMY No. Item Description Data No 18a ...... Lobbyist Name ROUVELAS, STEPHENS, DENNIS EMA??. 18a ...... Lobbyist Name MASHBURN, No 18b ...... Covered Official xl JOHN. 19. Interest of each foreign entity in the Position. 18b ...... Covered Official LEG. DIR. SEN. specific issues listed on line 16 above ?? 1Be ...... New Lobbyist xl Position. JOHN Check if No. ASHCROFT. None 18a ...... Lobbyist Name BERGER, AMY. 18c ...... New Lobbyist ... No. Signature Date 8/14/98 18b ...... Covered Official xl 18a ...... Lobbyist Name SLOMOWITZ, Printed Name and Title EMANUEL Position. ALAN. ROUVELAS- ATTORNEY 18c ...... New Lobbyist ... No. 18b ...... Covered Official Adm. Asst. Registrant Name: PRESTON GATES ELLIS 18a ...... Lobbyist Name WALKER, Position. -Rep. Robert & ROUVELAS MEEDS LLP FRANKLIN. Borsk?? Client Name: MICROSOFT 18b ...... Covered Official xl 18c ...... New Lobbyist ... Yes. CORPORATION Position. 18a ...... Lobbyist Name PECKINP LOBBYING ACTIVITY. Select as many 18c ...... New Lobbyist ... No. AUGH, TIM codes as necessary to reflect the general issue 18a ...... Lobbyist Name MILDER, BEN- 18b ...... Covered Official xl areas in which the registrant engaged in JAMIN. Position. lobbying on behalf of the client during the 18b ...... Covered Official 18c ...... New Lobbyist ... Yes reporting period. Using a separate page for Position Leg. 18a ...... Lobbyist Name PIZZELLA, each code, provide information as requested. Corres.—Sen. PATRICK Attach additional page(s) as needed. Hatfield. 18b ...... Covered Official xl 15. General issue area code TEC (one per 18c ...... New Lobbyist ... Yes. Position. page) 16 ...... Lobbying Issues. 18c ...... New Lobbyist ... No 16. Specific Lobbying issues
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Carriage of the Transmission of Digital Telephone S.6998, Y2K Act, Television Broadcast Stations, FCC Dkt, 98– E-mail (optional) S.798, Promote Reliable On-Line 120 5. Senate It) # Transactions to Encourage Commerce and Access to Telecommunications Services ROSANNE PHILLIPS, 202–628–1700, Trade (PROTECT) Act of 1999, competition and Equipment for Persons with Disabilities, 32098–366 in software industry FCC Dkt 96–198 7. Client Name ?? Self 17. House(s) of Congress and Federal Registrant Name: PRESTON GATES ELLIS 6. House agencies contacted ?? Check if None & ROUVELAS MEEDS LLP ID # House of Representatives Client Name: MICROSOFT MICROSOFT CORPORATION Senate CORPORATION 313550i9 % White House Information Update Page—Complete ONLY TYPE OF REPORT 18. Name of each individual who acted as where registration information has changed. s. Year 1999 Midyear(January 1-June 30) ?? a lobbyist in this issue area 20. Client new address OR Year End (July I-December 31) Name 21. Client new principal place of business 9. Check if this filing amends a previously Covered Official Position (if applicable) (if different from line 20) State/Zip (or Count) filed version of this report ?? New 22. New general description of client’s 10. Check if this is a Termination Report BERGER, AMY business or activities ?? >> Termination Date ...... 11. No Lobbying Yes ...... LOBBYIST UPDATE Activity?? BRANDT, WERNER 23. Name of each previously reported INCOME OR EXPENSES—Complete Either No individual who is no longer expected to act Line 12 OR Line 13 FUNDERBURK, DAVID as a lobbyist for the client 12. Lobbying Firms CONGRESSMAN MEEDS, LLOYD 13. Organizations Yes ISSUE UPDATE INCOME relating to lobbying activities for PIZZELLA, PATRICK 24. General lobbying issues previously this reporting EXPENSES relating to lobbying No reported that no longer pertain activities for this reporting period was: ROUVELAS, EMANUEL SCT period were: No AFFILIATED ORGANIZATIONS Less than $10,000 ?? VALENTINE, STEVEN Leg. Dir & Gen. 25. Add the following affiliated Less than $10,000 ?? Counsel Sen. Bob organization(s) $10,000 or more Smith Principal Place of Business ?? >> $ Yes Name $200,000.00 WALKER, FRANKLIN $10,000 or more El >> $ Address (city and state or country) No Income (newest $20,000) 26. Name of each previously reported 19. Interest of each foreign entity in the Expenses (nearest $20,000) organization that is no longer affiliated with specific issues listed on line 16 above ?? 14. REPORTING METHOD. Check box to the registrant or client Check if None indicate expense FOREIGN ENTITIES Signature ?? Provide a good faith estimate, rounded to 27. Add the following foreign entities the nearest Date 02/14/2000 Principal Place of Business Amount of accounting method. See instructions for Printed Name and Title JONATHAN contribution Ownership % description of options. $20,000 of all BLANK- PARTNER Name lobbying related income from the client Registrant Name: PRESTON GATES ELLIS Address (city and state or country) for (including all payments to the registrant by & ROUVELAS MEEDS LLP lobbying activities In client any other entity Client Name: MICROSOFT 28. Name of each previously reported ?? Method A. Reporting amounts using CORPORATION foreign entity that no longer owns, or LDA definitions only for lobbying activities LOBBYING ACTIVITY. Select as many controls, or is affiliated with the registrant, on behalf of the client). F1 Method B. codes as necessary to reflect the general issue client, or affiliated organization Reporting amounts under section 6033(b)(8) areas in which the registrant engaged in Signature of the Internal Revenue Code lobbying on behalf of the client during the Date 8/14/98 ?? Method C. Reporting amounts under reporting period. Using a separate page for Printed Name and Title EMANUEL section 162(e)of the Internal Revenue Code each code, provide information as requested. ROUVELAS—ATTORNEY Signature ?? Attach additional page(s) as needed. ATTACHMENT 40 Date 02/14/2000 15. General issue area code —CPT—— (one TO THE DECLARATION OF BRIAN Printed Name and Title JONATHAN per page) DAUTCH ?? BLANK- PARTNER 16. Specific Lobbying issues Clerk of the House of Representatives, Registrant Name: PRESTON GATES ELLIS H.R.1761, Copyright Damages Legislative Resource Center, 13–106 Cannon & ROUVELAS MEEDS LLP improvement Act of 1999, Building, Washington, DC 20515 Client Name: MICROSOFT H.R.1858, Consumer and Inventors Access Secretary of the Senate, Office of Public CORPORATION to Information Act of 1999, Records, 232 Hart Building, Washington, DC LOBBYING ACTIVITY. Select as many H.R.1907, American Inventors Protection 20510 codes as necessary to reflect the general issue Act of 1999, (engrossed). LOBBYING REPORT areas in which the registrant engaged in H.R.2654, American Inventors Protection Lobbying Disclosure Act of 1995 (Section lobbying on behalf of the client during the Act of 1999, 5)—All Filers Are Required to Complete This reporting period. Using a separate page for H.R.354, Collection of Information Page each code, provide information as requested. Antipiracy Act, I. Registrant Name Attach additional page(s) as needed. S. 1257, Digital Theft Deterrence and PRESTON GATES ELLIS & ROUVELAS 15. General issue area code CPI (one per Copyright Damages Improvement Act of MEEDS LLP page) 1999, 2. Registrant Address ?? Check if different 16. Specific Lobbying issues Software piracy and count??rfiting. than previously reported H.R.3194, Consolidated Omnibus 17. House(s) &Congress and Federal Address 1735 NEW YORK AVENUE, NW Appropriations Act, relatig to patend and agencies contacted ?? Check if None SUITE 500 City WASHINGTON State/Zip (or copyright issues. House of Representatives Country) DC 20006–5209 H.R.775, Year 2000 Readiness & Senate 3. Principal Place of Business (if different Responsibility Act, 18. Name of each individual who acted as from line 2) H.R.850, Security And Freedom through a lobbyist in this issue area Name—Covered City Encryption (SAFE) Act, Official Position (if applicable) New Slate/Zip (or Country) S.314, Small Business Year 2000 Readiness BRANDT, WERNER 4. Contact Name Act, No
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* HEIMAN, BRUCE Check if None reporting period. Using a separate page for No House of Representatives each code, provide information as requested. PIZZELLA, PATRICK Senate Attach additional page(s) as needed. No 18. Name of each individual who acted as 15. General issue area code TEC (one per ROUVELAS, EMANUEL a lobbyist in this issue area page) No Name Covered Official Position (if 16. Specific Lobbying issues WALKER, FRANKLIN applicable) H.R. 1554, Satellite Copyright Competition No New Protection Act of 1999, 19. Interest of each foreign entity in the BRANDT, WERNER . H.R. 1685, Internet Growth and specific issues listed on line 16 above ?? No Development Act of 1999, Check if None HEIMAN, BRUCE H.R. 1686, Internet Freedom Act, Printed Name and Title JONATHAN No H.R.2420, Internet Freedom and Broadband BLANK- PARTNER PIZZELLA, PATRICK —— Development Act of 1999, Registrant Name: PRESTON GATES ELLIS No S.877, Broadband Internet Regulator)’’ & ROUVELAS MEEDS LLP ROUVELAS, EMANUEL Relief Act, Client Name: MICROSOFT No 17. House(s) of Congress and Federal CORPORATION WALKER, FRANKLIN agencies contacted LOBBYING ACTIVITY. Select as many No ?? Check if None codes as necessary to reflect the general issue 19. Interest of each foreign entity in the House of Representatives areas in which the registrant engaged in specific issues listed on line 16 above Senate lobbying on behalf of the client during the ?? Check if None 18. Name of each individual who acted as reporting period. Using a separate page for Registrant Name: PRESTON GATES ELLIS a lobbyist in this issue area each code, provide information as requested. & ROUVELAS MEEDS LLP Name Attach additional page(s) as needed. Client Name: MICROSOFT Covered Official Position (if applicable) 15. General issue area code CSP (one per CORPORATION New page) LOBBYING ACTIVITY. Select as many BRANDT, WERNER 16. Specific Lobbying issues codes as necessary to reflect the general issue HEIMAN, BRUCE 1t.R.1714, Electronic Signatures in Global areas in which the registrant engaged in No and National Commerce Act, lobbying on behalf of the client during the PIZZELLA, PATRICK S.761, Third Millennium Digital Commerce reporting period. Using a separate page for No Act, each code, provide information as requested. ROUVELAS, EMANUEL S.809, Online Privacy Protection Act of Attach additional page(s) as needed. No 1999, 15. General issue area code TAX (one per WALKER, FRANKLIN —.—— 17. House(s) of Congress and Federal page) No agencies contacted ?? Check if None 16. Specific Lobbying issues 19. Interest of each foreign entity in the House of Representatives H.R. 2488, S. 1429, Taxpayer Refund Act specific issues listed on line 16 above Senate 18. Name of each individual who acted as of 1999, ?? Check if None a lobbyist in this issue area H.R. 3194, Consolidated Omnibus Signature— Name Appropriations Act, Date— Covered Official Position (if applicable) H.R. 835, To amend the Internal Revenue 02/1—4/2——.—000 ..... New Code of 1986 to permanently extend the Primed Name and Title JONATHAN BRANDT, WERNER research credit and to adjust the alternative BLANK- PARTNER No incremental credit rates, Registrant Name: PRESTON GATES ELLIS PIZZELLA, PATRICK No S.542, New Millennium Classrooms Act, & ROUVELAS MEEDS LLP WALKER, FRANKLIN S.680, To amend the Internal Revenue Client Name: MICROSOFT No Code of 1986 to permanently extend the CORPORATION 19. Interest of each foreign entity in the research credit, and for other purposes, LOBBYING ACTIVITY. Select as many specific issues listed on line 16 above ?? 17. House(s) of Congress and Federal codes as necessary to reflect the general issue Check if None agencies contacted ?? Check if None areas in which the registrant engaged in Signature Date ?? House of Representatives lobbying on behalf of the client during the Printed Name and Title JONATHAN Senate reporting period. Using a separate page for BLANK- PARTNER 18. Name of each individual who acted as each code, provide information as requested. Registrant Name: PRESTON CATES ELLIS a lobbyist in this issue area Attach additional page(s) as needed. & ROUVELAS MEEDS LLP Name 15. General issue area code TRD —— (one Client Name: MICROSOFT Covered Official Position (if applicable) per page) CORPORATION New 16. Specific Lobbying issues LOBBYING ACTIVITY. Select as many BRANDT, WERNER Normal Trade Relations with China WTO codes as necessary to reflect the general issue No provisions of The Agreement on Trade- areas in which the registrant engaged in HEIMAN, BRUCE Related 1PR (TRIPs) Seattle WTO Ministerial lobbying on behalf of the client during the Yes Meeting (1999) and related issues. reporting period. Using a separate page for WALKER, FRANKLIN .... 17. l louse(s) of Congress and Federal each code, provide information as requested. 19. Interest preach foreign entity in the agencies contacted Attach additional page(s) as needed. specific issues listed on line 16 above ?? Check if None 15. General issue area code IMM (one per Check if None House of Representatives page) Signature ...?? Senate 16. Specific Lobbying issues Date—02/14/2000 18. Name of each individual who acted as H.R.2687, Bringing Resources of Academia Printed Name and Title JONATHAN a lobbyist in this issue area to Industry Act, BLANK- PARTNER BRANDT, WERNER H.R.2968, S.1440, New Workers for Registrant Name: PRESTON GATES ELLIS No Economic Growth Act, & ROUVELAS MEEDS LLP HEIMAN, BURCE S.1645, Helping Improved Technology Client Name: MICROSOFT PIZZELLA, PATRICK Education (HITECH), CORPORATION 19. Interest of each foreign entity in the S. 180, 21st Century Technology Resources LOBBYING ACTIVITY. Select as many specific issues listed on line 16 above and Commercial Leadership Act, codes as necessary to reflect the general issue Check if None 17. House(s) of Congress and Federal areas in which the registrant engaged in Signature agencies contacted ?? lobbying on behalf of the client during the Date. 02/14/2000
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Printed Name and Title JONATHAN 4. Contact Name Senate BLANK- PARTNER Telephone 18. Name of each individual who acted as Registrant Name: PRESTON GATES ELLIS E-mail (optional) a lobbyist in this issue area & ROUVELAS MEEDS LLP 5. Senate ID # Name Client Name: MICROSOFT ROSANNE PHILLIPS 202–628–1700 Covered Official Position (if applicable) CORPORATION 32098–366 New Information Update Page—Complete ONLY 7. Client Name ?? Self BRANDT, WERNER where registration information has changed. 6. House ID # No 20. Client new address MICROSOFT CORPORATION PIZZELLA, PATRICK 21. Client new principal place of business TYPE OF REPORT No (if different from line 20) Year 2000 ROUVELAS, EMANUEL City Midyear(January 1-June 30) ?? OR Year End No State??.ip (or Country) (July 1-December 3l) ?? VALENTINE, STEVEN Leg. Dir & Gen. 22. New general description of client’s 9. Check if this filing amends a previously Counsel Sen. Bob Smith business or activities filed version of this report ?? No LOBBYIST UPDATE 19. Check if this is a Termination Report BERGER, AMY 23. Name of each previously reported ?? >> Termination Date No individual who is no longer expected to act 11. No Lobbying Activity?? 19. Interest of each foreign entity in the as a lobbyist for the client INCOME OR EXPENSES—Complete Either specific issues listed on line 16 above JARRELL, WILLIAM Line 12 OR Line 13 ?? Check if None STEPHENS, DENNIS 12. Lobbying Firms Signature O’NEIL, MICHAEL 13. Organizations Date 08/14/2000 WALKER, FRANKLIN INCOME relating to lobbying activities for Printed Name and Title STEVEN ISSUE UPDATE this reporting VALENTINE-OF COUNSEL Page 24. General lobbying issues previously EXPENSES relating to lobbying activities Registrant Name: PRESTON GATES ELLIS reported that no longer pertain BUD, SCI for this reporting & ROUVELAS MEEDS LLP AFFILIATED ORGANIZATIONS period was: Client Name: MICROSOFT 25. Add the following affiliated period were: CORPORATION organization(s) Less than $10,009 ?? LOBBYING ACTIVITY. Select as many Principal Place of Business Less than $10,000 ?? codes as necessary to reflect the general issue areas in which the registrant engaged in Name $10,090 or more lobbying on behalf of the client during the Address ?? >> $ $229,000.00 reporting period. Using a separate page for (city and state or country) $19,900 or more ?? >> $ each code, provide information as requested. 26. Name of each previously reported Income (nearest $20,000) Attach additional page(s) as needed. organization that is no longer affiliated with Expenses (nearest S20,000) 15. General issue area code CPT (one per 14. REPORTING METHOD. Check box to the registrant or client page) FOREIGN ENTITIES indicate expense 16. Specific Lobbying issues 27. Add the following foreign entities Provide a good faith estimate, rounded to H.R. 354, Collection of Information Principal the nearest accounting method. See Antiprivacy Act, Place of Business Amount of contribution instructions for description of options. H.R. 4690, Departments of Commerce, Ownership % $20,000 &all lobbying related income from Justice, and State, the Judiciary, and Related Name the client (including all payments to the Agencies Appropriations Act, 2001, relating Address (city and state or countryb for registrant by any other entity to copyright and patent issues. House lobbying activities in client ??Method A. Reporting amounts using LDA Amendment 889 to H.R. 4690, to increase 28. Name of each previously reported definitions only for lobbying activities on funding for the U.S. Patent and Trademark foreign entity that no longer owns, or behalf of the clientb. ?? Method B. Reporting Offices. controls, or is affiliated with the registrant, amounts under section 6033(b)(8) of the 17. House(s) of Congress and Federal client, or affiliated organization Internal Revenue Code agencies contacted E3 Signature ?? Method C. Reporting amounts under Check if None Date 02/14/2000 section 162(e) of the Internal Revenue Code House of Representatives Printed Name and ?? JONATHAN Signature Senate BLANK—PARTNER .... Date 08114/2900 18. Name of each individual who acted as ATTACHMENT 41 Printed Name and Title STEVEN a lobbyist in this issue area TO THE DECLARATION OF BRIAN VALENTINE-OF COUNSEL Name DAUTCH Registrant Name: PRESTON GATES ELLIS Covered Official Position (if applicable) Clerk of the House of Representatives & ROUVELAS MEEDS LLP New Secretary of the Senate, Legislative Client Name: MICROSOFT PIZZELLA, PATRICK Resource Center, Office of Public Records, B– CORPORATION No 106 Cannon Building Washington DC 20515, LOBBYING ACTIVITY. Select as many BRANDT, WERNER 232 Hart Building, Washington, DC 20510 codes as necessary to reflect the general issue No HAND DELIVERED areas in which the registrant engaged in VALENTINE, STEVEN Leg. Dir & Gen. LOBBYING REPORT lobbying on behalf of the client during the Counsel Sen. Bob Smith Lobbying Disclosure Act of 1995 (Section reporting period. Using a separate page for Yes 5)—All Filers Are Required to Complete This each code, provide information as requested. HEIMAN, BRUCE Page Attach additional page(s) as needed. No 1. Registrant Name 15. General issue area code CPI (one per ROUVELAS, EMANUEL PRESTON GATES ELLIS & ROUVELAS page) No MEEDS LLP 16. Specific Lobbying issues 19. Interest of each foreign entity in the 2. Address S. 2448, Internet Integrity and Critical specific issues listed on line 16 above Check if different than previously reported Infrastructure Protection Act of 2000, ?? Check if None 1735 NEW YORK AVE, NW, SUITE 509, H.R. 4246, Cyber Security Information Act, Signature ?? WASHINGTON DC 20006 Competition in the software industry. Date Principal Place of Business (if different 17. House(s) of Congress and Federal Printed Name and Title STEVEN from line 2) agencies contacted ?? VALENTINE—OF COUNSEL City Cheek if None Registrant Name: PRESTON GATES ELLIS State/Zip (or Country) House of Representatives & ROUVELAS MEEDS LLP
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Client Name: MICROSOFT No H.R. 4462, Fair and Equitable Interstate CORPORATION PIZZELLA, PATRICK Tax Compact Simplification Act of 2000, LOBBYING ACTIVITY. Select as many No H.R. 4460, Internet Tax Simplification Act codes as necessary to reflect the general issue SLOMOWITZ, ALAN of 2000, areas in which the registrant engaged in No H.R. 4267, Internet Tax Reform and lobbying on behalf of the client during the VALENTINE, STEVEN, Leg. Dir & Gen. Reduction Act of 2000, reporting period. Using a separate page for Counsel Sen. Bob Smith H.R. 3709, Internet Nondiscrimination Act each code, provide information as requested. Yes of 2000, Attach additional page(s) as needed. HEIMAN, BRUCE 17. House(s) of Congress and Federal 15. General issue area code CSP (one per No agencies contacted page) ROUVELAS, EMANUEL ?? Check if None 16. Specific Lobbying issues No House of Representatives S. 854, Electronic Rights for the 21st 19. Interest of each foreign entity in the Senate Century Act, specific issues listed on line 16 above 18. Name of each individual who acted as S. 2448, Internet Integrity and Critical ?? Check if None a lobbyist in this issue area Infrastructures Protection Act of 2000, Signature Date 08/14/2000 Name S. 2063, Secure Online Communication Printed Name and Title STEVEN Covered Official Position (it applicable) Enforcement Act of 2000, VALENTINE—OF COUNSEL New S. 761, Third Millennium Digital Registrant Name: PRESTON GATES ELLIS PIZZELLA, PATRICK Commerce Act, & ROUVELAS MEEDS LLP No H.R. 1714, Electronic Signatures in Global Client Name: MICROSOFT BRANDT, WERNER and National Commerce Act, CORPORATION No 17. House(s) &Congress and Federal LOBBYING ACTIVITY. Select as many VALENTINE, STEVEN, Leg. Dir & Gen. agencies contacted ?? Check if None codes as necessary to reflect the general issue Counsel Sen. Bob Smith House of Representatives areas in which the registrant engaged in Yes Senate lobbying on behalf of the client during the HEIMAN, BRUCE 18. Name of each individual who acted as reporting period. Using a separate page for No a lobbyist in this issue area each code, provide information as requested. 19. Interest of each foreign entity in the Name Attach additional page(s) as needed. specific issues listed on line 16 above Covered Official Position (if applicable) 15. General issue area code LBR (one per ?? Check if None New page) Signature ?? BRANDT, WERNER 16. Specific Lobbying issues Date 08/14/2000 No H.R. 3462, Wealth Through the Workplace Printed Name and Title STEVEN PIZZELLA, PATRICK Act of 1999, VALENTINE—OF COUNSEL No 17. House(s) of Congress and Federal Registrant Name: PRESTON GATES ELLIS VALENTINE, STEVEN, Leg. Dir & Gen. agencies contacted ?? & ROUVELAS MEEDS LLP Counsel Sen. Bob Smith Check if None Client Name: MICROSOFT Yes House of Representatives CORPORATION 19. Interest of each foreign entity in the Senate LOBBYING ACTIVITY. Select as many specific issues listed on line 16 above ?? 18. Name of each individual who acted as codes as necessary to reflect the general issue Check if None a lobbyist in this issue area areas in which the registrant engaged in Signature Name lobbying on behalf of the client during the Date 08/14/2000 Covered Official Position (if applicable) reporting period. Using a separate page for Printed Name and Title STEVEN New each code, provide information as requested. VALENTINE—OF COUNSEL BRANDT, WERNER Attach additional page(s) as needed. Registrant Name: PRESTON GATES ELLIS Yes 15. General issue area code TEC (one per & ROUVELAS MEEDS LLP PIZZELLA, PATRICK page) Client Name: MICROSOFT Yes 16. Specific Lobbying issues CORPORATION VALENTINE, STEVEN Leg. Dir & Gen. H.R. 1686, Interact Freedom Act, LOBBYING ACTIVITY. Select as many Counsel Sen. Bob Smith H.R. 1685, Internet Growth and codes as necessary to reflect the general issue Yes Development Act of 1999, areas in which the registrant engaged in 19. Interest of each foreign entity in the FCC Dkt. No. 99–168, Service Rules for the lobbying on behalf of the-client during the specific issues listed on line I6 above 746–765 and 776–794 MH Bands and reporting period. Using a separate page for ?? Check if None Revisions to Part 27 of the Commission’s each code, provide information as requested. Signature Rules. Attach additional page(s) as needed. Date 08/14/2000 17. House(s) of Congress and Federal 15. General issue area code IMM —— (one Printed Name and Title STEVEN agencies contacted ?? per page) VALENTINE—OF COUNSEL Check if None 16. Specific Lobbying issues Registrant Name: PRESTON GATES ELLIS House of Representatives S. 2045, American Competitiveness in the & ROUVELAS MEEDS LLP Senate Twenty-first Century Act of 2000, Client Name: MICROSOFT 18. Name of each individual who acted as H.R. 4227, Technology Worker Temporary CORPORATION a lobbyist in this issue area Relief Act, LOBBYING ACTIVITY. Select as many Name H.R. 3983, Helping to Improve Technology codes as necessary to reflect the general issue Covered Education and Achievement Act of 2000, areas in which the registrant engaged in Official Position (if applicable) 17. House(s) of Congress and Federal lobbying on behalf of the client during the New agencies contacted reporting period. Using a separate page for BRANDT, WERNER ?? Check if None each code, provide information as requested. No House of Representatives Attach additional page(s) as needed. PIZZELLA, PATRICK Senate 15. General issue area code TAX (one per No 18. Name of each individual who acted as page) VALENTINE, STEVEN, Leg. Dir & Gen. a lobbyist in this issue area I6. Specific Lobbying issues Counsel Sen. Bob Smith Name S. 2775, Internet Tax Moratorium and Yes Covered Official Position (if applicable) Equity Act, 19. Interest of each foreign entity in the New S. 2401, New Economy Tax Simplification specific issues listed on line 16 above BRANDT, WERNER Act (NETSA), ?? Check if None
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Signature City State/Zip (or Country) Senate Date 0811412000 4. Contact Name 18. Name of each individual who acted as Printed Name and Title STEVEN Telephone a lobbyist in this issue area VALENTINE- OF COUNSEL E-mail (optional) Name Registrant Name: PRESTON GATES ELLIS 5. Senate ID # Covered Official Position (if applicable) & ROUVELAS MEEDS LLP ROSANNE PHILLIPS, 202–628–1700, New Client Name: MICROSOFT 32098–366 BERGER, AMY CORPORATION 7. Client Name ?? Self No LOBBYING ACTIVITY. Select as many 6. House ID # 31355019 BRANDT, WERNER codes as necessary to reflect the general issue MICROSOFT CORPORATION No areas in which the registrant engaged in TYPE OF REPORT 8. Year 2000 Midyear IVEY, GLENN lobbying on behalf of the client during the (January l-June 30) ?? OR Year End (July l- Yes reporting period. Using a separate page for December 31) PIZZELLA, PATRICK each code, provide information as requested. 9. Check if this filing amends a previously No Attach additional page(s) as needed. filed version of this report ?? ROUVELAS, EMANUEL 15. General issue area code TRD (one per 10. Check if this is a Termination Report No page) ?? >> Termination Date STEPHENS, DENNIS 16. Specific Lobbying issues 11. No Lobbying Activity ?? Yes S. 2277, To terminate the application of INCOME OR EXPENSES—Complete Either VALENTINE, STEVEN, Leg. Dir & Gen. title IV of the Trade Act of ! 974 with respect Line 12 OR Line 13 Counsel Sen. Bob Smith to the People’s Republic of China, 12. Lobbying Firms No S. 2645, China Nonproliferation Act, INCOME relating to lobbying activities for 19. Interest of each foreign entity in the H.R. 4444, To authorize extension of this reporting period was: specific issues listed on line 16 above nondiscriminatory treatment (normal trade Less than $10,000 ?? ?? Check if None relations treatmen0 to the People’s Republic $10,000 or more ?? >> $ $260,000.00 Signature of China, World Trade Organization (a) Income (nearest $20,000) Date 02/14/2001 Agreement on Trade-Related Intellectual Provide a good faith estimate, rounded to Printed Name and Title STEVEN Property Rights (b) Post-Seattle WTO the nearest $20,000 of all lobbying related VALENTINE—OF COUNSEL Ministerial Meeting related commerce and income from the client (including all Registrant Name: PRESTON GATES ELLIS trade issues. payments to the registrant by any other entity & ROUVELAS MEEDS LLP 17. House(s) of Congress and Federal for lobbying activities on behalf of the client). Client Name: MICROSOFT agencies contacted 13. Organizations CORPORATION Check if None EXPENSES relating to lobbying activities LOBBYING ACTIVITY. Select as many House of Representatives for this reporting period were: codes as necessary to reflect the general issue Senate Less than $10,000 ?? areas in which the registrant engaged in 18. Name of each individual who acted as $10,000 or more ?? >> $ lobbying on behalf of the client during the a lobbyist in this issue area Expenses (nearest $20,000) reporting period. Using a separate page for Name 14. REPORTING METHOD. Check box to each code, provide information as requested. Covered Official Position (if applicable) indicate expense accounting method. See Attach additional page(s) as needed. New instructions for description of options. 15. General issue area code CPT (one per BRANDT, WERNER ?? Method A. Reporting amounts using page) No LDA definitions only 16. Specific Lobbying issues PIZZELLA, PATRICK ?? Method B. Reporting amounts under H.R.354, Collection of Information No section 6033COX8) of the Internal Revenue Antiprivacy Act, SLOMOWITZ, ALAN Code H.R.4690, Departments of Commerce, Yes ?? Method C. Reporting amounts under Justice, and State, the Judiciary, and Related VALENTINE, STEVEN, Leg. Dir & Gen. section 162(e) of the Internal Revenue Code Agencies Appropriations Act, 2001, relating Counsel Sen. Bob Smith Signature to copyright and patent issues. House Yes Printed Name and Title Amendment 889 to H.R. 4690, to increase 19. Interest of each foreign entity in the STEVEN VALENTINE—OF COUNSEL funding for the U.S. Patent and Trademark specific issues listed on line 16 above ?? Date 02/14/2001 Offices. Check if None Registrant Name: PRESTON GATES ELLIS 17. House(s) of Congress and Federal Signature & ROUVELAS MEEDS LLP agencies contacted Date 08/14/2000 Printed Name and Title Client Name: MICROSOFT ?? Check if None STEVEN VALENTINE- OF COUNSEL CORPORATION House of Representatives ATTACHMENT 42 LOBBYING ACTIVITY. Select as many Senate TO THE DECLARATION OF BRIAN codes as necessary to reflect the general issue 18. Name of each individual who acted as DAUTCH areas in which the registrant engaged in a lobbyist in this issue area Clerk of the House of Representatives, lobbying on behalf of the client during the Name Secretary of the Senate, Legislative Resource reporting period. Using a separate page for Covered Official Position (if applicable) Center, Office of Public Records, B–106 each code, provide information as requested. New Cannon Building, Washington, DC 20515 232 Attach additional page(s) as needed. BRANDT, WERNER Hart Building, Washington, DC 20510 15. General issue area code CPI (one per No LOBBYING REPORT page) HEIMAN, BRUCE Lobbying Disclosure Act of 1995 (Section 16. Specific Lobbying issues No 5)—All Filers Are Required to Complete. H.R.4246, Cyber Security Information Act, P1ZZELLA, PATRICK This Page H.R. 5024, Federal Information Policy Act No 1. Registrant Name PRESTON GATES of 2000, ROUVELAS, EMANUEL ELLIS & ROUVELAS MEEDS LLP H.R.5658, Treasury and General No 2. Registrant Address ?? Check if different Government Appropriations Act, 2001, VALENTINE, STEVEN, Leg. Dir & Gen. than previously reported Address 1735 NEW S.2448, Internet Integrity and Critical Counsel Sen. Bob Smith YORK AVE, NW, SUITE 500, City Infrastructure Protection Act of 2000, No WASHINGTON State/Zip (or Country) DC Competition in the software industry. 19. interest of each foreign entity in the 20006 17. House(s) of Congress and Federal specific issues listed on line 16 above 3. Principal Place of Business (if different agencies contacted ?? Check if None ?? Check if None from line 2) House of Representatives Signature
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Date 02/14/2001 18. Name of each individual who acted as each code, provide information as requested. Printed Name and Title STEVEN a lobbyist in this issue area Attach additional page(s) as needed. VALENTINE—OF COUNSEL Name 15. General issue area code TAX (one per Registrant Name: PRESTON GATES ELLIS Covered Official Position (if applicable) page) & ROUVELAS MEEDS LLP New 16. Specific Lobbying issues Client Name: MICROSOFT BRANDT, WERNER H.R.3709, Internet Nondiscrimination Act CORPORATION No of 2000, LOBBYING ACTIVITY. Select as many HEIMAN, BRUCE H.R.4267, Internet Tax Reform and codes as necessary to reflect the general issue No Reduction Act of 2000, areas in which the registrant engaged in PIZZELLA, PATRICK H.R.4460, Internet Tax Simplification Act lobbying on behalf of the client during the No of 2000, reporting period. Using a separate page for ROUVELAS, EMANUEL H.R.4462, Fair and Equitable Interstate Tax each code, provide information as requested. No Compact Simplification Act of 2000, Attach additional page(s) as needed. SLOMOWITZ, ALAN S.2401, New Economy Tax Simplification 15. General issue area code CSP (one per No Act (NETSA), page) VALENTINE, STEVEN, Leg. Dir & Gen. S.2775, Internet Tax Moratorium and 16. Specific Lobbying issues Counsel Sen. Bob Smith Equity Act, H.R. 1685, Internet Growth and Yes 17. House(s) of Congress and Federal Development Act of 1999, 19. Interest of each foreign entity in the agencies contacted H.R.4049, Privacy Commission Act, specific issues listed on line 16 above I-1 Check if None S.2063, Secure Online Communication ?? Check if None House of Representatives Enforcement Act of 2000, Signature Senate S.2448, Internet Integrity and Critical Date 02/14/200I 18. Name of each individual who acted as Infrastructures Protection Act of 2000, Printed Name and Title STEVEN a lobbyist in this issue area S.2606, Consumer Privacy Protection Act, VALENTINE—OF COUNSEL Name S.2928, Consumer Internet Privacy Registrant Name: PRESTON GATES ELLIS Covered Official Position (if applicable) Enhancement Act, & ROUVELAS MEEDS LLP New 17, House(s) of Congress and Federal Client Name: MICROSOFT BRANDT, WERNER agencies contacted CORPORATION No ?? Check if None LOBBYING ACTIVITY. Select as many HEIMAN, BRUCE No House of Representatives codes as necessary to reflect the general issue P1ZZELLA, PATRICK Senate areas in which the registrant engaged in No 18. Name of each individual who acted as lobbying on behalf of the client during the VALENTINE, STEVEN, Leg. Dir & Gen. a lobbyist in this issue area reporting period. Using a separate page for Counsel Sen. Bob Smith Name each code, provide information as requested. No Attach additional page(s) as needed. Covered Official Position (if applicable) 19. interest of each foreign entity in the New 15. General issue area code LBR (one per specific issues listed on line 16 above BRANDT, WERNER page) ?? Check if None No 16. Specific Lobbying issues Signature PIZZELLA, PATRICK H.R.1102, Comprehensive Retirement Date 02/14/2001 No Security and Pension Reform Act, Printed Name and Title STEVEN VALENTINE, STEVEN, Leg. Dir & Gen. H.R.3462, Wealth Through the Workplace VALENTINE—OF COUNSEL Counsel Sen. Bob Smith Act of 1999, Registrant Name: PRESTON GATES ELLIS No 17. House(s) of Congress and Federal & ROUVELAS MEEDS LLP 19. Interest of each foreign entity in the agencies contacted Client Name: MICROSOFT specific issues listed on line 16 above [13 Check if None CORPORATION ?? Check if None House of Representatives LOBBYING ACTIVITY. Select as many Signature Senate codes as necessary to reflect the general issue Date 02/14/2001 18. Name of each individual who acted as areas in which the registrant engaged in Printed Name and Title STEVEN a lobbyist in this issue area lobbying on behalf of the client during the VALENTINE—OF COUNSEL Name reporting period. Using a separate page for Registrant Name: PRESTON GATES ELLIS Covered Official Position (if applicable) each code, provide information as requested. & ROUVELAS MEEDS LLP New Attach additional page(s) as needed. Client Name: MICROSOFT BRANDT, WERNER 15. Genera CORPORATION No Position (if applicable) LOBBYING ACTIVITY. Select as many PIZZELLA, PATRICK New codes as necessary to reflect the general issue No IVEY, GLENN areas in which the registrant engaged in VALENTINE, STEVEN, Leg. Dir & Gen. Yes lobbying on behalf of the client during the Counsel Sen. Bob Smith STEPHENS, DENNIS reporting period. Using a separate page for No Yes each code, provide information as requested. 19. Interest of each foreign entity in the VALENTINE, STEVEN, Leg. Dir & Gen. Attach additional page(s) as needed. specific issues listed on line 16 above Counsel Sen. Bob Smith 15. General issue area code IMM (one per ?? Check if None No page) Signature 19. Interest of each foreign entity in the 16. Specific Lobbying issues Date 02/14/2001 specific issues listed on line 16 above H.R.3983, Helping to Improve Technology Printed Name and Title STEVEN ?? Check if None Education and Achievement Act of 2000, VALENTINE—OF COUNSEL Signature H.R.4227, Technology Worker Temporary Registrant Name: PRESTON GATES ELLIS Date 08/14/2001 Relief Act, & ROUVELAS MEEDS LLP Printed Name and Title STEVEN S.2045, American Competitiveness in the Client Name: MICROSOFT VALENTINE—OF COUNSEL Twenty-first Century Act of 2000, CORPORATION Regisitrant Name: PRESTON GATES ELLIS 17. House(s) of Congress and Federal LOBBYING ACTIVITY. Select as many & ROUVELAS MEEDS LLP agencies contacted codes as necessary to reflect the general issue Client Name: MICROSOFT ?? Check if None areas in which the registrant engaged in CORPORATION House of Representatives lobbying on behalf of the client during the LOBBYING ACTIVITY. Select as many Senate reporting period. Using a separate page for codes as necessary to reflect the general issue
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areas in which the registrant engaged in 18. Name of each individual who acted as LOBBYING ACTIVITY. Select as many lobbying on behalf of the client during the a lobbyist in this issue area codes as necessary to reflect the general issue reporting period. Using a separate page for Name areas in which the registrant engaged in each code, provide ??nformation as Covered Official Position (if applicable) lobbying on behalf of the client during the requested. Attach additional page(s) as New reporting period. Using a separate page for needed. IVEY, GLENN each code, provide information as requested. 15. General issue area code CSP (one per Yes Attach additional page(s) as needed. page) STEPHENS, DENNIS 15. General issue area code TRD (one per 16. Specific Lobbying issues Yes page) H.R.2458 and S.803, E-Government Act of VALENTLNE, STEVEN, Leg. Dir & Gen. 16. Specific Lobbying issues 2001, relating to Internet privacy. Counsel Sen. Bob Smith H.R.2149 and S.$99, Trade Promotion 17. House(s) of Congress and Federal No Authority Act of 2001, Permanent Normal agencies contacted 19. Interest of each foreign entity in the Trade Relations (PNTR) of China. ?? Check if None specific issues listed on line 16 above 17. House(s) of Congress and Federal Department of Justice ?? Check if None agencies contacted House of Representatives Signature ?? Check if None Date 08/14/2001 Senate House of Representatives Printed Name and Title STEVEN 18. Name of each individual who acted as Senate VALENTINE—OF COUNSEL a lobbyist in this issue area 18. Name of each individual who acted as Registrant Name: PRESTON GATES ELLIS Name a lobbyist in this issue area & ROUVELAS MEEDS LLP Covered Official Position (if applicable) Name New Client Name: MICROSOFT CORPORATION Covered Official Position (if applicable) IVEY, GLENN Now Yes Item Description Data IVEY, GLENN STEPHENS, DENNIS Yes STEPHENS, DENNIS Yes VALENTINE, STEVEN, Leg. Dir & Gen. Yes Counsel Sen. Bob Smith Lobbying Issues S.777, Internet Tax Non- VALENTINE, STEVEN, Leg. Dir & Gen. No Counsel Sen. Bob Smith 19. Interest of each foreign entity in the discrimination Act No specific issues listed on line 16 above 19. Interest of each foreign entity in the ?? Check if None specific issues listed on line 16 above Signature Registrant Name: PRESTON GATES ELLIS & ROUVELAS MEEDS LLP ?? Check if None Date 08/14/2001 Signature Printed Name and Title STEVEN Client Name: MICROSOFT CORPORATION Date 08/14/2001 VALENTINE—OF COUNSEL Printed Name and Title STEVEN Registrant Name: PRESTON GATES ELLIS LOBBYING ACTIVITY. Select as many codes as necessary to reflect the general issue VALENTINE—OF COUNSEL & ROUVELAS MEEDS LLP Registrant Name: PRESTON GATES ELLIS Client Name: MICROSOF F areas in which the registrant engaged in lobbying on behalf of the client during the & ROUVELAS MEEDS LLP CORPORATION Client Name: MICROSOFT LOBBYING ACTIVITY. Select as many reporting period. Using a separate page for each code, provide information as requested. CORPORATION codes as necessary to reflect the general issue Attach additional page(s) as needed. Information Update Page—Complete ONLY areas in which the registrant engaged in 15. General issue area code TEC (one per where registration information has changed. lobbying on behalf of the client during the page) 20. Client new address reporting period. Using a separate page for 16. Specific Lobbying issues 21. Client new principal place of business each code, provide information as requested. FCC Dkt. No. 99–168, Service Rules for the (if different from line 20) Attach additional page(s) as needed. 746–765 and 776–794 MH Bands and State/Zip (or Country) 15. General issue area code TAX (one per Revisions to Part 27 of the Commission’s 22. New general description of client’s page) Rules. business or activities 16. Specific Lobbying issues 17. House(s) of Congress and Federal LOBBYIST UPDATE H.R. 2526, Internet Tax Fairness Act of agencies contacted 23. Name of each previously reported 2001, ?? Check if None individual who is no longer expected to act H.R. 1410 and S.512, Internet Tax House of Representatives as a lobbyist for the client Moratorium and Equity Act, Senate PIZZELLA, PATRICK H.R. 1552 and S.288, Internet Tax 18. Name of each individual who acted as ABRAMOFF, JACK Nondiscrimination Act, a lobbyist in this issue area BRANDT, WERNER H.R.2421, Jurisdictional Certainty Over Name SLOMOWITZ, ALAN Digital Commerce Act, Covered Official Position (if applicable) S.245, A bill to make permanent the New ISSUE UPDATE moratorium on the Federal imposition of IVEY, GLENN 24. General lobbying issues previously taxes on the Internet., Yes reported that no longer pertain S.246, A bill to extend the moratorium on STEPHENS, DENNIS the imposition of taxes on the Internet for an Yes AFFILIATED ORGANIZATIONS additional 5 years., VALENTINE, STEVEN, Leg. Dir & Gen. 25. Add the following affiliated S. 41, A bill to amend the Internal Revenue Counsel Sen. Bob Smith organization(s) Code of 1986 to permanently extend the No Name research credit and to increase the rates of 19. Interest of each foreign entity in the Address the alternative incremental credit, specific issues listed on line 16 above Principal Place of Business S.89, A bill to make permanent the ?? Check if None (city and state or country) moratorium on the imposition of taxes on the Signature 26. Name of each previously reported Internet., Date 08/14/2001 organization that is no longer affiliated with S.664, NET FAIR Act, Printed Name and Title STEVEN the registrant or client 17. House(s) of Congress and Federal VALENTINE—OF COUNSEL agencies contacted Registrant Name: PRESTON GATES ELLIS FOREIGN ENTITIES ?? Check if None & ROUVELAS MEEDS LLP 27. Add the following foreign entities House of Representatives Client Name: MICROSOFT Principal Place of Business Amount of Senate CORPORATION contribution Ownership % Name Address
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(city and state or country) for lobbying political influence have only been critical stage in the pro??g. Surely, public activities in client heightened by recent media reports fiat your disclosure of these matters will contr??e w 28. Name of each previously reported own Deputy Chief of Staff David L??, cone the public’s knowledge and understanding of foreign entity that no longer owns, or cared with outside 1obbyists in an effort to this matter. Thank you for your time and controls, or is affiliated with the registrant, convince them to alter their clients’’ views attention to this matter. client, or affiliated organization ??inted Name regarding the role of the states in the case. Sincerely, and Title STEVEN VALENTINE—OF This inappropriate and possibly illegal cc: lion. F. James Sensenbrenner, Jr. COUNSEL 08/14/2001 Page 9 of 10 contact is reported to have occurred after Mr. Mr. Daniel Bryant Registrant Name: PRESTON GATES ELLIS Israelite had recused himself from the case John Conyers, Jr. & ROUVELAS MEEDS LLP because of co?? of interest concerns. AS a Ranking Member 107–97 Client Name: MICROSOFT result, I would like to receive an itemization See 18 U.S.C. § 208(a); 5 C.F.R 2635.401– CORPORATION of any and all contacts between Mr. Israelite 403. See also, Ethical Rules for U.S. Item Description Data and any representatives of any outside party Attorneys, Sections 3–2.170–171, 3–2.220. Lobbyist Update (including representatives of AOL/Time W??) ATTACHMENT 45 TO THE BERGER, AMY having any interest in the Microsoft case, as DECLARATION OF BRIAN DAUTCH Page I0 of 10 well as a detailing of any b?? or other By Hon. Peter W. Rodino, Jr., Chairman, ATTACHMENT 44 TO THE ‘‘communications’’ (meant to include all Committee on the Judiciary DECLARATION OF BRIAN DAUTCH notes, e-mails, documents, memoranda, On February 6, 1974, the House of PRESS RELEASE phone records and any other types Representatives adopted by a vote of 410–4 Congressman John Conyers, Jr. of ??, audio, or ??ions) involving the the following House Resolution 803: Fourteenth District, Michigan Microsoft case which are in any way RESOLVED, That the ?? on the Judiciary Ranking Member, Committee on the associated with, w??en to or sent from Ms. acting as a whole or by any aub??tee thereof Judiciary Israelite. If the allegations reported by the appointed by the Chairman for the purposes Dean, Congressional Black Caucus media are true, such active ?? by a focused hereof and in accordance with the Rules of FOR IMMEDIATE RELEASE: CONTACT: public official could violate federal conflict the Co??ttee, is authorized and directed to November 6, 2001 Dena Graziano: (202) 226– of interest laws ?? Executive Branch investigate fully and completely whether 6888 employees. sufficient grounds exist for the House of CONYERS OBJECTS TO REPORTS OF Among other things, Mr. Israelite would be Represe?? to exercise its constitutional power INFLUENCE AND IMPROPRIETY IN THE ?? from taking any significant action if the to impeach Richard M. Nixon, President of PROPOSED MICROSOFT SETTLEMENT, matter will have a ‘‘direct and predictable’’ the United States of America. The co??ttee SEEKS INFORMATION FROM ASHCROFT effect on his interest In a similar r??, I am shall report to the House of Representatives Today, Congressman John Conyers, Jr., troubled by the po?? that additional staff who such resolutions, articles of i??peach??, or Ranking Member of the House Judiciary have ?? recused from the Microsoft case have other reco?? it deems proper. Committee sent a letter to Attorney General, been and will continue to be called onto offer Beginning in November 1973, ?? under John Ashcroft complaining of reports of services and judg?? which implicate the case. resolutions referred to the Co??ittee by the political influence and impropriety by Justice For example, it has been reported that Mr. Speaker of the House and with a special Department employees in the proposed appropriation, I had be??n to organize a settlement of the U.S. v. Microsoft case. A W??asky, who has previously written, amicus curiae legal briefs supporting Microsoft’s special staff to inv??e set, otto charges ?? the copy of the letter follows. President of the United States. November 6, 2001 legal position and opposing the Department has been appointed to be Deputy Attorney On Kay 9, 1974, as Che??n of the Co??ittee The Honorable John Ashcroft on the Judiciary, I convened the Con. tree for Attorney General of the United States General for International A?? Given that one of his principal responsibilities will be d?? hearings to re?? the results of the Iup?? ??ry U.S. Department of Justice staffs i??ation. The staff began its initial 10th Street and Constitution Avenue, NW with the European Union, which is itself in the midst of a ?? antitrust ?? Microsoft, it presentation the ?? day, in executive session, Washington, DC 20530 pursuant to the Com??ee’s I??chent Inquiry Dear Mr. Attorney General: would seem difficult, if not ?? for him to discharge Iris ?? without in some way taking Procedures adopted on May 2, 1974. I am writing to express my very se?? concerns By Ju?? 21, the Inquiry staff had concluded regarding reports of po?? inflnence and an action impacting Microsoft. ?? we eau only consider and scrutinize these conflicts its initial presentar. ion. impropriety by Justice Department On J?? 25, the Co??ittee voted to eke public employees in the proposed ?? of the U.S. if we learn of the persons in the Department who have ??eroselves, This is why I am so the initial presentation ?? substantially all of v. Microsoft case. I am also deeply troubled the supporting ?? by your office’’ s ?? to respond to my troubled ?? Four office has refused to turn earlier requests for ??on set forth in my over a list of political ??ees at the Dep??t who (III) September 6, 2001 letter to you. have re?? the M?? case. presented at the hearings. The Co??ittee also As I am sure you are aware, a number of ??, the press has also reported that many voted to make public the President’s reservations have been raised with the career attorneys and staff at the Depa??t were response, which was presented to the proposed settlement by consumer groups, either cut out of the final negotiations or Committee on June 27 and June 28 in the trade associations, ?? attorneys general, and raised objections to it that were over??. As a same form and manner u the Inquiry staff’s antitrust experts. I too am very concerned the ?? I would also like to receive copies of any initial pre??. proposed agreement represents a weakling in and all ‘‘communications’’ (as denned Statements of information and supporting our go??ment’s resolve to protect competi??, above), by any Department employees or evidentiary material were compiled by the preserve consumer welfare, and foster consultants regarding a possible settlement or Inquiry staff in 36 notebooks and furnished continued ??on, particularly given the proposing any suggestions or differing terms in this form to each Member of the Co??ittee. res??ng and clear cut Legal ??s achieved by than those you agreed to. I am also concerned The notebooks presented material on several your predecessor in office. Wherever one that political appointees within the subjects of the Inquiry: the Watergate break- comes out on the merits or demerits of the Department may have threatened career in and its after??h, III, dairy price supports, proposed settlement, I do not believe the employees far failing to ‘‘toe the company domestic ??e, abuse of the IRS, and the Department is at all served by continuing to line’’ in this mallet and support the activities of the Special Prosecutors. In each stonewall inquiries into legitimate and settlement As a result, I would also like to notebook a statement of information relating credible allegations of political impropriety receive copes afar ‘‘co??s’’ between any co a par?? phase of the investigation was raised by the press and the public. I would political appointees and career staff regarding I??diately followed by supporting evidentiary therefore encourage your office to respond to file Microsoft case which could in any way ??, which included copies of documents and my ealier letter and the additional questions be seen as th??g or inti??. Given the thousand testiBony (much already on public record), raised in this correspondence by no later upon thousands of hours devoted by career transcripts of ?? conversations and affidavits. than November 23, 2001. staff at the Department, I believe it is The staff also presented to the C??tee At the outset, let me note that my earlier counterproductive to totally subordinate written reports on President N?? intern tins, expressed concerns about inappropriate their considerable efforts and input at this Presidential inpoun??nt of funds
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appropriated by Congress, and the bombing which were co??iled by ??e House staff out its ??ndate has been to obtain an of C??n. ??bers, from February 22, 1972 through June objective, impartial presentation which will Book V, presented to the Commitee under 9, 1972. The President has not yet responded enable each Me??ber of the ?? to make an the general heading of ‘‘??,’’ dealt with two co this subpoena. infor??ed Judgment in fulfilling his or her areas of the Inquiry. First, material van Prior to the Co??ttee’s, issuance of the con??titutional responsibility. presented ??h respect to the possible relation subpoena on June 24, 1974, the President ??een the 1971 settlement of three antitrust furnished to the Co??ttee an edited transcript: (VI) cases filed against III and IIIs pledge of of a meeting he held rich H. R. Halde??n and also believe that the publication of the financial assistance to the San Dingo John Mitchell on April 4, 1972 at: which the record of these hear- ?? ?? provide readers Convention and Tourist Bureau for expenses Kleindienst no??nation bearings were with a clear idea of the particulars of the related Co the 1972 Repub?? ??onal discussed. inves??ion and that the prox?? of the Convention. Second, material no presented (v) evidence will assure them that no s?? of rich respect to the testimony of In few instances, ?? Me??ber Mr. information is offered without supporting Every effort was lade to preclude Hutchinson and I determined, pursuant to evidentiary ??terial. July 1974 inferences in the presentation of this ??. A authority granted us by the Co??ttee, to defer (vii) de??e and scrupulous abstention from the release of evidentiary ??ater?? or to delete conclusions, even by ??, was observed. it for one of the following reasons: 1. By ?? urn dated April 23, 1969 from With respect to the Presidential recorded l) Because the public interest in making the Deputy Attorney Genera ?? Kleindienst, conversations, the ?? ?? Co hear the recorded material public was out??hed by the potential acting as Attorney General*, mid A??tant conversations in their entirety. The prejudice to the rights of defendants under Attorney General Richard ??aren, head of the Presidential recorded conversations were ??g trill. Antitrust Division, to John Ehrlich??, Counsel neither paraphrased nor ?? by the Inquiry 2) Because the infor??tion was classified or Co the President, Kleindienst and McLaren staff. Thus, no inferences, or conclusions otherwise required confidential treatment, urged approval of the co?? of an antitrust Were drawn for the Cou??ee. During the 3) Because the ??aterial was only ??rginally action against the International Telephone course of the hearings, Members of the pertinent and was considered to be def??tory, and Telegraph Corporation (ITT) challenging Co??ttee heard each recurding and degrading or e??barr??ing, or, s??aneously followed transcripts prepared by its acquisition of Canteen Corporation. 4) Because the ?? ns not pertinent to Co??ent of the stoic no approved and on the Inquiry staff. Each of these transcripts is Presidential respoas??y ??u the outer ??iits of April 28, 1969 the suit was begun in the reprinted under the appropriate Statement of an i??peachable offense within. the meaning Infor??ion. of the Constitution. United States District Court for the Northern During the course of the hearings, the The Co??ttee on the Judiciary is working to District of Illinois. Co??ttee found it necessary to issue a ?? to follow faithfully itc mandate ‘‘to investingate *Because Attorney General John Mitchell’s President Richard ??on requiring Cape fully and completely’’ whether OF not former law firm had represented an ITT recordings of 19 Presidential conversations sufficient grounds exist to reco??end chat the subsidiary, Mitchell recused hi??elf and related Co the ITT ??atters before the C??ttee. House exercise its constitutional power of ??. Deputy Attorney General Kleindienst acted u The Committee also subpoenaed the I believe Chat the readers of Chase volumes Attorney General in connection ?? the President’s copies of daily news statuaries will see chat the Co??ittee’s effort in carrying litigation.
N??rand?? from ?? and Richard NeL??u Co John ??, April 23, 1969 with attached draft complaint (received from White Home) ...... Page 7O 1.2 ?? from Richard McLaren to Richard Kleindisuse, April 25, 1969, 3 Kleindienst Confirmation Hearings (KCH) 1237 ...... 88 1.3 United States v. International Telephone and Talegraph Corporation, Civ. No. 69c-924, Docket, 1–2 ...... 89 1.4 ??hard Kleindienst testimony, 2 KCH 96...... 91 1.5 John Mitchell testit??y, 2 KCH. 539–40 ...... 92 (s) 2. On August 1, 1969 two ??t suits s?? to the Canteen suit were ?? in the United States D??ct Court for the ??ct of Connecticut chal- lenging ITT’s acquisition of the Hartford Fire Insurance Company and Grinnell Corporation.. 2.1 Page. United States v. International Telephone end Tele?? Co oration and Grinnell Co??, Civ. No. 13319, Docket, 1–2 ...... 102 2.2 United States v. International Telephone and Telegraph Corporation and Hartford Fire Insurance ?? Civ. No. 13320, Docket, 1–2 ...... 104 2.3 ?? from Richard McLaren for the Attorney General, June 20, 1969 (received from Department of Justice) ...... 106 2.& ??orandum from Richard McLaren for the Deputy Attorney General, approved July 25, 1969 (received from Department of Justice), ...... 120 3. During 1969, 1970 and 1971, Harold S. Geneen, President of ITT, ?? on numerous occasions with White House staff members, other Administration officials and members of both houses of Congress to discuss various hatters, including international mone- tary policy, the Office of Foreign Direct Investment policy, antitrust policy, balance of payments, revenue sharing and expropria- tion by foreign governments. During the sunsnet of 1969 Geneen sought a personal meeting with the President to discuss the ITT antitrust cases. His request was denied because the President’s advisers thought that such a meeting was inappropriate.. 3.1 Harold Geneen testimony, 2 KCH 776–80 ...... 132 3.2 Memorandum from Hugh Sloan to John Ehrlichman, June 30, 1969 (received from White House) ...... 137 3.3 Me??orandum from Dwight Chapin to Peter Flanigan, July 16, 1969 (received from White House) ...... 138
3.4 White House ‘‘White Paper,’’ The ITT Anti-Trust Decision, January 8, 1974, 1, 3 ...... 139, (5) During September 1969 Colonel J??s Hughes, Military Assistant to the President, spoke with Dita Beard, an ITT lobbyist, about the pending antitrust suit. Hughes reported on the conversation in a memo- randum to Ehrlich??n dated September 19, 1969...... 4.1
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?? from James Hughes to John Ehrlichman, September 19, 1969 (received from White House) ...... 142 (6) In August 1970 officials and representatives of ITT held five with Administration officials, including Vice President Spiro Secretary of Commerce Maurice Scans, Assistant Attorney General and White House counsel John Ehrlichman and Charles Colson to cuss antitrust matters in general and the ITT antitrust litigation particular. In another meeting, Geneen and Attorney General Mitchell to discuss overall antitrust policy with respect to conglomerates. these meetings and in subsequent letters and memoranda ITT of- ficials bought to persuade Administration officials that McLaren’s antitrust views, as reflected in his conduct of the ITT litigation, were ill-advised and inconsistent with the Ad??ration’s antitrust policy...... 5.1 Memorandum from Tod Hullin to John Ehrlichman, August 4, 1970 (received from White House) ...... 145 5.2 Letter from Richard McLaren to Tod Hullin, July 30, 1970, with attached memorandum from Richard McLaren to John Ehrilchman (received from White House) ...... 147 5.3 Memorandum from Richard McLaran to Tod Bullin, August 3, 1970, with attachment] (received from White House) ...... 153 5.4 Letter from ‘‘Ned’’ [Edvard Gerrity] to Vice President Spiro Agnew, August 7, 1970, with attached memorandum (received from House Interstate and Foreign Commerce Committee) ...... 163 5.5 Memorandum from John Poole to Files, August 7, 1970 (received from Department of Justice) ...... 166 5.6 M??randum from Tod Hullin to Richard McLaren, August 10, 1970 (received from White House) ...... 168 (8) ...... 5.7 Letter from Thorns Casey to Charles Colson, August 7, 1970, with attach??nt (received from White House) ...... 5.8 M??orandum from Charles Colson to John Ehrlichman, August 10, 1970 (received from White House) ...... 177 5,9 ?? from Ted Hullin to John Mitchell, August 11, 1970 (received from White House) ...... 178 5.10 John ?? testimony, 2 KCH 540, 542–43, 546, 549–50 ...... 179 5.11 ??orandum from Edward Gerrity to John Ryan, August 10, 1970 (received from ??el Mitchell)...... , ...... 185! 5.12 ??dum from John Ryan to William Merr??, Aug?? 24, 1970, House Interstate and Foreign Commerce ??, Special Subco??tee on Investigations, Hearings on Legislative Overoish?? of SEC: Inquiry into Withholding and Transfer of Agency Files Pertaining to ITT, 154–56 ...... 186 (8) 6. On September 15, 1970 the trial in ITT-Grinnell began. In ??oranda dated September 17, 1970 from ?? to Attorney General Mitch- ell and October l, 1970 from Colson to Ehrlichman, the ITT litigation was discussed. Ehrlichman and Colson stated their concern that McLaren’s conduct of the ITT cases constituted an attack on ‘‘bigness per se’’ contrary to the Administration’s expressed anti- trust policy...... 6.1 United States v. International Telephone and Telesraph Corporation and Grinnell Corporation, Civ. No. 13319, Docket, 5 ...... 190 6.2 Memorandum from John Ehrlicman to John Mitchell, September 17, 1970 (received from White House) ...... 192 6.3 Memorandum from Charles Colson to John Ehrlichman, October 1, 1970, with attachment (received from White House) ...... 193 (9) 7. The trial of ITT-Grinnell was completed on October 30, 1970 and the case was taken under advisement. A Judgment for ITT on the merits was rendered on December 31, 1970. A notice of appeal was filed on March 1, 1971...... 7.1 United States v. International Telephone and Telegraph Corporation and Grinnell Corporation, Civ. No. 13319, Docket, 1,6–7 ...... 214 7.2 United States v. International Telephone and Telegraph Corporation, Opinion, December 31, 1970, 324 F. Supp. 19 ...... 217 8. On March 3, 1971 at ITT’s request Geneen and Willis Merriam, ITT Vice President and Director of Washington Relations, met with Ehrlichman to discuss antitrust matters. 8.1 John Ehrlichman log, March 3, 1971 (received from SSC) ...... 256 8.2 Letter from William Nerriam to John Ehrlichman, March 4, 1971 (received from White House) ...... 257 8.3 William Merriam testimony, 3 KCH 951 ...... 258 9.0 On March 20, 1971, on the motion of Solicitor General Erwin Gziswold, the time for the government to perfect ice appeal in ITT-Grinnell by filing its Jurisdictional statement was extended from March 31, 1971 to April 20, 1971. 9.1 United States v. Inter- national Telephone and ??h to ration, Application for Extension of Time and Order of the Supreme Court, March 20,’’ 1971, and letter from the —Deputy Clerk of the Supreme Court to Solicitor General Erwin Griswold (received from Department of Justice) ...... 260 9.2 On March 30, 1971 Merriam sad Thom Casey, ITT Director of 9.3 Planning, met with Peter Peterson, Assistant to the President 10. ??ational Economic Affairs, to discuss a wide range of subjects ?? antitrust matters...... 10.1 Peter Peterson affidavit, April 29, 1974...... 268. 10.2 Letter from William Merriam to Peter Peterson, April 7, 1971 (received from Peter Peterson) ...... 271 11. It the request of Ehrlichman who said he spoke for the President, Peterson met with Geneen end Merriam on Friday, April 16, 1971. They discussed various subjects relating to economic policy, including overall antitrust policy related to bigness. At the end of the meeting, Geneen and Merriam discussed ITT’s specific antitrust problems, including the fact that the deadline for the gov- ernment to perfect the ITT-Grinnell appeal was the following Tuesday, April 20. After the meeting Peterson telephoned Ehrlichman and reported on the meeting including the discussion of the ITT-Grinnell appeal. Ehrlichman indicated to Peterson that action was under way to postpone the appeal. The following week Peterson reported to the President on the meeting and his subsequent telephone call to Ehrlichman...... 11.1 Peter Peterson affidavit, April 29, 1974 ...... 278 11.2 Memorandum from Peter Peterson to the President, April 23, 1971 (received from. White House) ...... 281 12 Also on April 16, 1971 Lawrence Walsh, a member of a law firm had lens represented ITT, telephoned Deputy Accorue7 General Klein- ...... 11.4 Pursuant to that telephone conversation Walsh caused to be ...... 11.5 to Kleindienst a letter and memorandum urging that before the of Justice decided to pursue the ITT-Grinnell appeal to the Court it should undertake a review by all interested federal of the economic consequences of a Supreme Court decision favor??ble to the government. Copies of the rajah letter and memorandum were later that day to Peterson and Ehrlichman...... 12.1 Richard Kleindienst testimony, 2 KCH 250 ...... 284 12.2 Lawrence Walsh testimony, 3 KCH 1038–39 ...... 285
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12.3 Letter from Lawrence Walsh to Richard Kleindienst, April 16, 1971 rich attached ??orandum of (received from white House; re- printed at 2 KCH 26S-.68...... 287 12.4 Memorandum from William Merriam to Peter Peterson, April 16, 1971 rich attached letter (received from Peter Peterson) ...... 304 Letter from William Merriam to John Ehrlichman, April 16, 1971 rich attached letter and memorandum of Law (received from White House) ...... 305
13. On Monday morning, April 19, 1971 Kleindienst told Walsh by telephone that Kleindienst did not think the ITT-Grinnell appeal would be delayed, In a memorandum dazed April 19, 1971 to Kleindienst, McLaren disputed the position taken by Walsh in his letter and memorandum of April 16 and urged that the ITT-Grinnell appeal not be delayed.. 13.1 Lawrence Walsh testimony, 3 KCH 1039 ...... 308 13.2 Memorandum from Richard McLaren to Richard Kleindienst, April 19, 1971 (received from Department of Justice) ...... 309 14. Beginning at 3:03 p.m. on the afternoon of April 19, 1971 the President met with Ehrlichman and George Shultz, Director of the Office of Management and Budget. The antitrust actions against ITT were among the subjects discussed. Ehrlichman said that the deadline for the ITT-Grinnell appeal was the following day and he reported that, despite his attempts to give the Justice Depart- ment ‘‘signals,’’ the appeal was being pursued. The President then telephoned Kleindienst and ordered him to drop the appeal. After the telephone conversation the President expressed his concern that McLaren’s actions with respect to conglomerates were contrary to the Administration’s antitrust policy.. 14.1 Tape recording of conversation among the President, John Ehrlichman and George Shultz, April 19, 1971, 3:03—3:3& p.m., and House Judiciary Committee transcript thereof ...... 312 14.2 Tape recording of telephone conversation between the President and Richard Kleindienst, April 19, 1971, 3:04—3:09 p.m., and House Judiciary Com- mittee transcript thereof ...... 346 15. After the President’s telephone call Kleindienst met with McLaren and Solicitor General Erwin Griswold and directed that the Solicitor General apply to the Supreme Court for another extension of time. At 4:30 p.m. Kleindienst telephoned Walsh and in- formed him that the Solicitor General was arranging for an extension of time for the government to perfect its appeal.. 15.1 Richard Kleindienst testimony, 2 KCH 250 ...... 350 15.2 Richard McLaren testimony, 2 KCH 252 ...... 351 15.3 Ervin Griswold statement, 2 KCH 242–43 ...... 352 15.4 Erwin Griswold testimony, 2 KCH 373, 378–80 ...... 354 15.5 Lawrence Walsh testimony, 3 KCH 103g ...... 358 16. on Tuesday, April 20, 1971, on the motion of Solicitor General Griswold the time for the government to perfect its appeal in ITT–Grinnell by filling its Jurisdictional statement was extended from April 20, 1971 to May 20, 1971.. 16.1 United States v. International Telephone and Telegraph Corporation Application for Extension of Time filed by the Solicitor General and Order of the United States Supreme Court, April 20, 1971, with letter from the Deputy Clerk of the Supreme Court to Solicitor General Ervin Griswold (received from Department of Justice) ...... 360 16.2 United States v. International Telephone and Telegraph Corporation, Supreme Court Docket Apr/1 19 20 1971 ...... 365 17. Also on April 20, 1971 Felix Rohatyn, an investment banker who was a director of ITT, met with Kleindienst to discuss the eco- nomic and financial fabrications of divestiture of the Hartford Fire Insurance Company by ITT. At the meeting Rohatyn asked to present these arguments to McLaren, and such a presentation was later arranged for April 29. 17.1 Richard Kleindienst testimony, 2 KCH 96–97 ...... 368 17.2 Felix Rohatyn testimony, 2 CKCH 114 ...... 370 18, On April 21, 1971 the President met with Attorney General Mitchell and discussed, among ocher things, the ITT-Grinnell ap- peal. The President said that he did not care about the aeries of the case but that the business community believed that the Ad- ministration was being even rougher on it in antitrust matters than had previous admin- istrations. Mitchell argued that it was a political mistake to inter- fete with the appeal. The President agreed to heed Mitchell’s advice to permit the appeal to be per- fected.. 18.1 Tape recording of the end of a meeting between the President and John Mitchell, April 21, 1971, 4:18—6:13 p.m., and House Judiciary Committee transcript thereof ...... 372 19. During the 1eat ten days of April 1971 Geneen and Merriam of ITT wrote four letters to Administration officials —- one to Sec- retary of the Treasury John Connally and three to Peter Peterson—containing references to antitrust matters. Two of the letters commented favorably on the ITT-Grinnell appeal delay.. 19.1 Memorandum from William Merriam to Peter Peterson, April 22, 1971, with attached letter from Harold G??neen to Peter Peter- son, April 22, 1971 (received from Peter Peterson) ...... 378 19.2 Letter from William Neff/am to 3ohu Connally, April 22, 1971 (received from white House) ...... 386 19.3 Memorandum from Peter Peterson to John Ehrlichman Dick [sic] Krogh, April 27, 1971, with attached letter from William Merriam to Peter Peterson, April 26, 1971 (received from White House) ...... 388 19.4 Memorandum from Peter Peterson to John Ehrlich??an sad Dick [sic] Krogh, May 3, 1971, with attached letter from William Merriam to Peter Peterson, April 30, 1971 (received from White House ...... 391 20. On April 28, 1971 Ehrlichman wrote a memorandum to the President criticizing McLaren for failure to follow the Administra- tion’s antitrust policy, then under study by a Domestic Council Task Force, and recom- mending action to be taken. The President approved Ehrlichman’s recon- ??dations.. 20.1 Memorandum from John Ehrlichman to the President, April 28, 1971 (received from White House) ...... 20.2 Memorandum from John Ehrlichman to Members of the Domestic Council, February 19, 1971 (received from Department of Justice) 20.3 Memorandum from Egil Krogh to Richard McLaren, Apr11 30, 1971 (received from White House) ...... 20.4 Memorandum fro.- John Ehrlichman to John Connally, John Mitchell, George Shultz, Paul McCracken, Peter Peterson, and Peter Flanigan, September 14, 1971 (received from Department of Justice) ...... 21. On April 29, 1971 Rohatyn accompanied by four ITT representatives ??et with Kleindienst, McLaren and Antitrust Division and Treasury Depart- ment staff members. The ITT representatives presented ITT’s position that there would be adverse economic and financial consequences if the divestiture of Hartford were required. Following the meeting McLaren caused these arguments to be submitted to the Treasury .Department and to Richard Ramsden, an independent financial consultant who had previously ren- dered advice to the Antitrust Division.. 21.1 Richard Kleindienst testimony, 2 KCH 98 ...... 404
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21.2 Richard McLaren test , 2 KCH 102–03, ...... 405 21.3 Felix Rohatyn testimony, 2 KCH 114–16 ...... 407 21.4 Richard Kleindienst notes of Apr11 29, 1971 meeting (received from Department of Justice) ...... 410 21.5 Letter from Felix Rohatyn to Richard McLaren, Nay 3, 1971 (received from Department of Justice) ...... 419 22. Beginning in April 1971 Mitche11, Haldeman, Lawrence Higby, Gordon Strschan, William Timmons, Jeb Magruder and Robert Odle participated in the initial planning of the 1972 Republican National Convention and began to consider San Diego as a pos- sible site. A memorandum from Higby to Strachan dated April 29, 1971 states that Haldeman discussed the pos- sibility of a San Diego convention with California’s Lt. Governor. Ed Reinecke. The memorandum states that Reinecke would, as a result of his dis- cussion with Haldeman, cause a proposal for San Diego to be the con- vention size to be made to the Republican National Com- mittee.. 22.1 Memorandum from William Timmons to H. R. Haldeman, April 20, 1971 (received from White House) ...... 425 22.2 Memorandum from Lawrence Higby to H. g. Haldeman, April 20, 1971 (received from White House) ...... 426 22.3 Memorandum from Gordon Strachan to H. R. Haldeman, April 21, 1971 (received from White House) ...... 427 22.4 Memorandum from Gordon Strachan to H. ‘‘R. Haldeman, April 23, 1971 (received from White House) ...... 428 22.5 Memorandum from Lawrence Higby to Cordon Strachan, April 29, 1971 (received from White House) ...... 429 22.6 Memorandum from Gordon Strachan to H. R. Haldemam, Nay 11, 1971 with attached memorandum from William Tim??ons to H. R. Haldeman, Hay 6, 1971, and attached report (received from White House) ...... 430 22.7 Memorandum from Robert Odle to Jet) Magruder, Hay 19, 1971 (received from White House) ...... 448 22.8 Memorandum from Robert Odle to William Timmons, May 20, 1971 (received from White House) ...... 454 22.9 Letter from Ed Reinecke to Will/me Timmons June 2, 1971 (received from White House) ...... 455 22.10 Memorandum from Robert Odle to Jab Magruder, June 15, 1971 (received from White House) ...... 456 22.11 Memorandum from Gordon Strachan to H. R. Haldeman, June 23, 1971 with attached memorandum from Robert Odle to Jab Hagruder, June 22, 1971, and attached memorandum from William Timmons to H. R. Haldeman, June 21, 1971 (received from White House) ...... 458 22.12 Memorandum from Cordon Strachan to H. It. Haldeman, June 25, 1971 (received from White House) ...... 464 22.13 Memorandum from Cordon Strachan to H. R. Haldeman, June 29, 1971, with attached memorandum from Jeb Magruder and William Timmons to John Mitchell and H. R. Haldeman, June 26, 1971, and attachments (received from White House) ...... 465 23. In a memorandum dated Hay 5, 1971 Ehrlichman informed Mitchell that he desired to meet with McLaren about the ITT cases to achieve the agreed-upon ends discussed by the President and Mitchell. 23.1 Memorandum from John Ehrlichman to John Mitchell, Hay 5, 1971 (received from White House) ...... 526 24. On May 12, 1971 ITT President Geneen discussed rich Congressman Bob Wilson, whose district included part of San Diego, the possibility of ITT financial support for a San Diego convention bid. 24.1 Harold Geneen testimony, 2 KCH 647–48 ...... 528 24.2 Bob Wilson testimony, 3 KCH 866–67 ...... 530 25. On May 17, 1971 the government’s appeal in ITT–Grinnell was perfected by the filing of a Jurisdictional statement.. 25.1 United States v. International Telephone and Telegraph Corporation, Notice of Docketing of Appeal, United States Supreme Court, Hay 17, 1971 (received from Department of Justice) ...... 534 26. By report dated Nay 17, 1971 Richard Ra??sden reported his findings on the ITT position with respect to the financial ramifica- tions of divesti- ture of Hartford.. 26.1 Ramsden Report, International Telephone and Telegraph Corporation, May 17, 1971, 2 KCH 103–10 ...... 538 26.2 Richard McLaren testimony, 2 KCH 103, 110 ...... 546 27. On June 17, 1971 McLaren recommended to Kleindienst that the ITT suits be settled. His proposed settlement included the re- quirement that 1TT divest itself of Grinnell, Canteen, and certain other ITT subsidiaries, but per??tted ITT to retain Hartford Fire Insurance Company, The basic terms of the settlement offer were put to ITT on a take it or leave it basis and were accepted. De- tails of the settlement Were then negotiated among ITT and Antitrust Division lawyers,. 27.1 Memorandum from Richard McLaren to Richard Kleindienst, June 17, 1971 (received fro,, Department of Justice) ...... 550 27.2 Richard McLaren testimony, 2 KCH 110–13 ...... 553 27.3 Felix Rohatyn testimony, 2 KCH ll5 ...... 557 27.4 Richard Kleindienst testimony, 2 KCH 98–99 ...... 558 28. San Diego’s convention bid was authorized by the San Diego City Council on June 29, 1971. On July 21, 1971 ITT-Sheraton’s President, Howard James, confirmed by telegram his company’s commitment to the San Diego Convention and Tourist Bureau of $100,000 for convention- related expenses plus an additional $100,000 if and when $200,000 was raised by the Bureau from other non-public sources. The pledge was subject to the condition that the Sheraton Harbor Island Hotel, then under construction, be used as Presidential convention headquarters. The decision for San Diego to be the convention site was made within the Adminis- tration and transmitted to the Republican National Committee. On July 23, 1971 the Republican National Committee selected San Diego as the 1972 convention site.. 28.1 San Diego City Council resolution, June 29, 1971 (received from San Diego City Council) ...... 563 28.2 Memorandum from Jeb Magruder to John Mitchell, June 30, 1971 (received from White House) ...... 568 28.3 Memorandum from Herbert Klein to H. R. Haldeman, June 30, 1971 (received from White House) ...... 569 28.4 Memorandum from William Timmons to Jeb Magruder, July 3, 1971 (received from White House) ...... 574 28.5 Memorandum from Herbert Klein to the President, July 19, 1971 (received from White House) ...... 575 28.6 Memorandum from William Timmons to the President, July 19, 1971 (received from White House) ...... 576 28.7 Memorandum from Jo Good to Robert Dole, July 19, 1971 (received from White House) ...... 578 28.8 Memorandum from Jeb Magruder Co 3ohm Mitchell, July 28, 1971 with attached memorandum from Robert Odle to Jeb Magruder, ,July 27, 1971 (received from White House) ...... 582
28.9 Telegram from Howard James to Bob Wilson, July 21, 1971, 2 KCH 678–79 ...... 588 28.10 Harold Geneen testimony, 2 KCH 648–49 ...... 590 28.11 Resolution on Selection of the Site for the 1972 Republican National Convention, July 23, 1971 ...... 592 29. On July 31, 1971, after riff and Antitrust Division lawyers had negotiated details of the settlement of the ITT litigation, the settle- ment no announced.. 29.1 Richard NcLaren testimony, 2 KCH 110–14 ...... 596 29.2 Pelix Rohatyn testimony, 2 KCH 115 ...... 601
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29.3 Richard Kleindienst testimony, 2 KCH 99 ...... 602 30. A Sheraton Harbor Island Corporation check for $100,000 dated August: 5, 1971 and representing the non-contingent portion of ITT’s pledge yes delivered to r. he San Diego Convention and Tourist Bureau.. 30.1 Photograph of check from Sheraton Harbor Island Corporation to the San Diego Convention and Tourist Bureau printed in Washington Post. March 16. 1972.. A13 ...... 604 31. On February 15, 1972 the President no??inated Richard G. Kleindienst to be Attorney General Co succeed John Mitchell who yes leaving the Department of Justice and who later became Campaign Director of the Committee for the Reelection of the President. The Senate Committee on the Judiciary held hearings on the nomination and reco??endation on February 24, 1972 that the nomi- nation be confirmed,. 31.1 Announcement of President’s Intention Co Nominate Richard Kleindienst to be Attorney General, 8 Presidential Documents 440, 448 ...... 606, 31.2 Letter from President Nixon Co John Mitchell, February 15, 1972, 8 Presidential Decuments 439 ...... 608 31.3 S. Exec. Rept. 92–19, Nomination of Richard Kleindienst, 92d Cong., 2d Sess. (1972) ...... 609 31.4 Chicago Tribune, February 25, 1972, Section 2A, l ...... 612 32. On February 22, 1972 columnist Jack Anderson obtained from an ITT source a memorandum dated June 25, 1971 purportedly written by ITT lobbyist Dita Beard addressed to ITT Vice President Merriam regarding the ITT-Sheraton convention pledge and settlement of the ITT antitrust cases. Anderson’s investigative reporters contacted first Dita Beard Co discuss and confirm the memorandum’s validity sad then ITT and Administration officials co discuss and attempt to confirm the events reported in the memorandum. On February 24, 1972 ITT personnel destroyed documents in the Washington office files.. 32.1. 32.2. 32.3. 32.&. 32.5. 32.6. Purported memorandum from Dita Beard to William Merriam, June 25, 1971, (received. from White House) reprinted in 2 KCH 447– 48 ...... 614 Jack Anderson Testimony, 2 KCH 449 ...... 618 Brit Hume testimony, 2 KCH 408–14 ...... 619 Felix Rohatyn testimony, 2 KCH 115–16 ...... 626 Washington Post, March 3, 1972, D15 ...... 628 Howard Aibel testimony, 2 KCH 704–05 ...... 629 33. In a February 28, 1972 Department of Justice press release Mitchell said he had met Dita Beard only once, at a party given by Governor Louis Nunn of Kentucky in May 1971, Mitchell denied allegations that he had discussed the ITT antitrust cases with her. He also denied in the press release that he had discussed the ITT matter with the President.. 33.1 John Mitchell statement, Department of Justice press release, February 28, 1972 (received from Department of Justice) ...... 632 On February 29, March 1 and March 3, 1972 there were published three columns by Jack Anderson based in part on the Beard memorandum. The articles alleged a connection between the ITT-Sheraton pledge and the ITT antitrust settlement and purported Co involve both Mitchell and Kleindienst. As a result of the publication of the first two articles Kleindienst asked that his con- firmation hearings be reopened.. 34.1 Washington Pose, February 29, March 1, March 3, 1972 ...... 634 34.2 Washington Post, March 1, 1972, Al ...... 637 35. General, Mitchell again denied talking to the President about ITT or any other antitrust case, On March 1, X972 during his final press conference as Attorney. 35.1 John Mitchell press conference, Hatch 1, 1972, 1–2 (received from SSC) ...... 6&0 On or about March 1, 1972 a member of the staff of the SEC that ITT produce documents in the files of ITT’s Washington, D.C. of- fice. The SEC staff member contended that production of the documents was called for by subpoenas previously issued In connec- tion With SEC proceedings. Attorneys for ITT collected documents believed to be included in the SEC demand.. 36.1 Michael Mitchell affidavit submitted to House Judiciary Committee, Hay l, 197&, with attachments ...... 646 37. On Thursday 14arch 2, 1972 pursuant to Kleindienst’s request the confirmation hearings resumed and Kleindienst, testifying under oath, denied talking other than casually to the White House and White House staff about the ITT matter. He denied receiv- ing any suggestions from the White House as to the action that the Justice Department should take in the ITT cases.. 37.1 Richard Kleindienst testimony, 2 KCH 95–96, 157 ...... 678 On the same day an ITT attorney delivered copies of one or more of the documents collected by ITT attorneys from ITT’s Wash- ington office files to White House aide Wallace H. Johnson. The document or documents were the conveyed by Johnson to John Mitchell. During the following week copies of other documents taken from the ITT Washington office which mentioned the ITT antitrust suits and contacts between ITT and administration officials were delivered by ITT attorneys to Johnson.. 38.1 Michael Mitchell affidavit, submitted co House Judiciary Committee, May 1, 1974, with attach-mats, ...... 682 38.2 Wallace Johnson affidavit, April 25, 1974, ...... 713 38.3 John Mitchell log, March 2, 1972 (received from SSC) ...... 717 39. On the evening of Hatch 2, 1972 Dita Beard, having spent two days at the ITT offices in New York City, left Washington by air- plane for Denver, Colorado en route to West Yellowstone, Montana. During the flight she became ill and on the evening of Hatch 3, 1972 she was admitted to a Denver hospital.. 39.1 Dita Beard statement, 2 KCH 741–42 ...... 720 39.2 Edward Gerrity testimony, 3 KCH 1167 ...... 722 39.3 United Air Lines passenger ticket, issued to D. Beard for Flight 175, Hatch 2, 1972 (received from United Air Lines) ...... 723 39.4 Stewardess report on passenger illness of Mrs. Beard, occuring on Flight 175, March 2, 1972 (received from United Air Lines) .. 72& 39.5 Letter from J. Edgar Hoover to Chairman James o. Eastland, March 5, 1972, 2 FCH 213 ...... 725 39.6 Medical Report by Dr. Joseph Snyder, Hatch 13, 1972, 2 KCH 637–39 ...... 726
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On Friday, March 3, 1972 Kleindienst, in his testimony before Senate Committee on the Judiciary, denied consulting with, reporting or getting directions from anybody at the White House about the ITT trust cases, He also testified that he did not recall why on April1971 the Department of Justice requested a delay in the appeal of the ITT-Grinnell case Co the Supreme Court. 40.1 Richard Kleindienst testimony, 2 KCH 95, 181, 191, 203–04 D 0. On the afternoon of Sunday, March 5, 1972, the President and Haldeman returned to Washington, DC from Kay Biscayne. On Mon- day, March 6, 1972 the President had conversations with Haldeman, Ehrlichman and Colson. At about 1:30 p.m., shortly after leaving the President’s office, Ehrlich?? met with SEC Chairman Casey.. 41.1 John Ehrlichman log, March 6, 1972 (received from SSC) ...... 736 41.2 Meetings and conversations between the President and John Ehrlichman, March 6, 1972 (received from White House) ...... 737 41.3 Meetings and conversations between the President and H. R. Haldeman, March 1, March $ and March 6, 1972 (received from White House) ...... 739 41.4 Meetings and conversations between the President and Charles Colson, March 6, 1972 (received from White House) ...... 741 41.5 John Ehrlichman log, March 21, 1972 (received from SSC) ...... 742 41.6 William Casey testimony, House Interstate and Foreign Commerce Committee, Special. subcommittee on Investigations, Hear- ings on Legislative Oversight of SEC: Agency Independence and the ITT Case, Jun 27, 1973, 261–64, 309–30 ...... 7&3 41.7 William Casey calendar, March 6, 1972 (received from U.S. Attorney, Southern District of New York) ...... 749 42. On Tuesday, March 7, 1972 in a prepared statement given under oath before the Senate Committee on the Judiciary, Kleindienst described the circumstances surrounding the request for an extension of time to appeal ITT-Grinnell. He omitted mention of the President’s order to drop the case made during their telephone conversation o April 19, 1971.. 42.1 Richard Kleindienst testimony, 2 KCH 95, 249–50 ...... 752 43. On March 8, 1972 Kleindienst testified before the Senate Committee an the Judiciary and denied again that he was interfered with, pressured, importuned or directed by anybody at the white House in connection rich the discharge of his responsibilities in the ITT cases,. 43.1 Richard Kleindienst testimony, 2 KCH 95, 323, 353 ...... 756 In early March 1972 a White House cask force, consisting of Khrlichman, Colson, Moore, Dean, Fielding, Johnson, Assistant Attor- ney General Robert C. Mardian and others, was established Co follow the Kleindienst hearings; its activities continued throughout the month. was given the responsibility of reviewing White House files and collecting all documents relating to ITT, which he proceeded to do.. 44.1 Charles Colson testimony, House Interstate and Foreign Commerce Committee, Special Subcommittee on Investigations, Hear- ings on Legislative Oversight of SEC: Agency Independence and the ITT Case, 218 ...... 760’’ 44.2 Richard Moore testimony, 5 SSC 1947–48 ...... 761 44.3 Wallace Johnson affidavit, April 25, 197& ...... 763 44.4 Robert Mardian testimony, 6 SSC 2348 ...... 767 44.5 John Dean testimony, House Interstate end Foreign Commerce Committee, Special Subcommittee on Investigations, Hearings on Legislative Oversight of SEC: Agency Independence and the ITT Case, 66, 6& ...... 768 On March 14, 1972 John Mitchell appeared before the Senate Committee on the Judiciary and trice denied under oath that he talked to the President about the ITT antitrust litigation or any antitrust litigation. On the evening of March 14, 1972 the President and Mitchell had a telephone conversation which, according to Mitchell’s logs, was their only telephone conversation during the month.. 45.1 John Mitchell testimony, 2 KCR 539, 552, 571 ...... 772 45.2 John Mitchell log, March 14, 1972 (received from SSC). On March 15, 1972 E. Howard Hunt met rich Colson. Johnson and It was determined that Hunt should interview Hoe. Beard the au- thenticity of the purported Beard memorandum. Hunt flew to Denver and interviewed Mrs. Beard in her hospital room. On March 17, after his return Co Washington, he ?? a detailed e??ary of the interview.. 46.! Charles Colson calendar, March 15, 1972 (received from SSC) ...... 778 46.2 ??. Howard Hunt testimony, 9 SSC 3734–35, 3752–53 ...... 780 46.3 Charles Colson testimony, House Interstate and Foreign Commerce Committee, Special Subco??ee on Investigations, Hearings on Legislative Oversight of SEC: Agency Independence and the ITT Case, 201–03 ...... 784 46.4 Memorandum regarding Dita B?? March 17, 1972 (received from White House) ...... 787’ 47. ‘‘ITT’’ is written on Colson’s calendar for the morning of March 18, 1972. Colson had three telephone conversations with ??he during the morning. That afternoon the Pre??ent and Colson met for more than two hours.. 47.1 Charles Colson calendar, Hatch 18, 1972 (received from SSC) ...... 796 47.2 John Mitchell log, March 18, 1972 (received from SSC) ...... 797 47.3 Meetings and conversations between the President and Charles Colson, Hatch 18, 1972 (received from White House) ...... 798 8. On March 24, 1972 the President held his only news conference during the period of the ??eindienst nomination hearings. He stated that nothing had happened in the Senate hearings that shook his confidence in Kleindienst as an able, honest wan fully qualified to be Attorney General. He also praised the actions of Richard McLaren, and the ??, in having moved effectively to stop the growth of ITT.. 48.1 President Nixon news conference, March 24, 1972, 8 Presidential Documents 673 75 * ...... 800 49. On the morning of Hatch 30, 1972 Colson, Haldeman and NacGregor met. That afternoon Colson sent a memorandum to Haldeman stating that certain factors should be taken into account in determining whether to continue co support, or to with- draw, Kleindienst’s nomination, including the possibility that documents would be revealed tending to show that the President yes involved in the ITT situation in 1971 and contradicting statements made by Mitchell under oath during the hearings. Haldeman and Colson each had several conversations with the President on that day.. 49.1 Memorandum from Charles Colson to H. R. Haldeman, Hatch 30, 1972, 55C Exhibit No. 121, 8 S5C 3372–76 ...... 805 &9.2 Letter from William Merriam to John Connally, April 22, 1971 (received from White House) ...... 810 49.3 Letter from William Merriam to Peter Peterson, April 30, 1971 (received from White House) ...... 812 49.4 Letter from ‘‘Ned’’ [Edward Gerrity] to Vice President Spiro Agnew, August 7, 1970, with attached memorandum (received from House Interstate and Foreign Commerce Committee) ...... 813 49.5 Memorandum from John Ryan to William Merriam, August 24, 1970, House Interstate and Foreign Commerce Committee, Spe- cial Subcommittee on Investigations, Legislative Oversight of SEC: Agency Independence and the IT? Case, 154–56, and partial handwritten copy of memorandum (received from White House) ...... 816 49.6 Memorandum from Herbert Klein to H. R. Haldeman, June 30, 1971 (received from White House) ...... 820 49.7 Memorandum from Richard Kleindienst and Richard McLaren to John Ehrlichman, April 23, 1969 (received from White Home) 821
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49.8 Memorandum free Ted Hullin to Richard McLaren, August 10, 1970 (received from 9hire Home) ...... 827 49.9 Memorandum from ??ohn Ehrlichman to John Mitchell, September 17, 1970 (received from White Home) ...... 828
49.10 14urnrandom from John Ehrlichman to John Mitchell, May 5, 1971 (received from White House) ...... 829 &9.11 Memoranda ‘‘from John Ehrlichman to the President, April 28, 1971 and Nay 3, 1971 (received from White House) ...... 830 49.12 a. R. Haldeman testimony, 8 SSC 3216, 3218–19 ...... 834 49.13 H. R. Haldeman calendar, March 30, 1972 (received from SSC) ...... 837 49.14 Meetings and conversations between the President and H. R. Haldeman, March 30, 1972 (received from White House) ...... 838 49.15 Meetings and conversations between the President and Charles Colson, March 30, 1972 (received from White House) ...... 839 50. On April 4, 1972 Mitchell returned co his office after about two weeks in Florida. That afternoon he met with the President and Haldeman at the White House. According to Haldeman’s testimony before the Senate Select Committee on Presidential Campaign Activities, notes Oaken during the meeting indicate that the Kleindienst hearings were discussed.. $0.1 John Mitchell log, March 21—April 4, 1972 (received from SSC) ...... 842 50.2 Meetings and conversations between the President and H. R. Haldeman, April 4, 1972 (received from White House) ...... 845 50.3 H. R. Haldeman testimony, 7 SSC 2866, 2881 ...... 846 On April 27, 1972, the final day of the Kleindienst confirmation, Kleindienst, referring co his earlier testimony about commin-with persons at the White House, testified that if someone had him to instruct him on the handling of the ITT case, he would such a call. Kleindienst said that no such conversation. 51.1 Richard Kleindienst testimony, 2 KCH 95, 3 KCH 1673. 1682 ...... 850 51.2 Richard Kleindienst statement, October 31, 1973, reprinted in New York Times, November 1, 1973, 33 ...... 853 $2. The press provided extensive news coverage and frequent editorial commentary on the Kleindienst confirmation hearings. John Mitchell’s denials that he discussed the ITT cases with President Nixon were reported. Richard Kleindienst’s descriptions of his role in the ITT-Grinnell appeal and settlement were also reported; these descriptions omitted reference to the President’s order that the appeal be dropped.. 52.1 Newspaper articles from The New York Times and The Washington Poet, February 25—June 28, 1972, regarding hearings on the Nomination of Richard Kleindienst to be Attorney General ...... 856 52.2 The Washington Post, March 10, 1972, A–l, A–12 ...... 857 52.3 The New York Times, March 15, 1972, 1, 34 ...... 858 52.4 The Washington Post, April 27, 1972, A–l, A–7 ...... 859 52.5 The Washington Post, April 28, 1972, A–l, A–6 ...... 860 By letter dated April 25, 1972 from Senator Eastland, Chairman the Senate Committee on the Judiciary, co SEC Chairman William Casey, Eastland requested access co ITT documents in the possession of SEC. This request was denied by Chairman Casey. If* Chairman Casey complied with the Senate Judiciary Committee’s request the SEC would the Committee with, along ocher things, the following not obtained by the Comic tee during the course of the Kleindienst hearings:. 1. Letter dated April 22, 1971 from Harold Geneed Co Peter Peterson concerning their April 16, 1971 nesting rich memorandum on antitrust policy attached.. 2. Letter dated April 22, 1971 from William Merriam co John Connally relenting to the ITT antitrust litigation.. 3. Letter dated April 26, 1971 from William Merriam ??o Peter Petersou referring to planned antitrust legislation.. &. Letter dated April 30, 1971 from William Merriam to Peter Peterson referring to Solicitor General Griswold’s request for am ex- tension of time Co perfect the ITT-Grinnell appeal. Letter dated August 7, 1970 from Thomas Casey of ITT co Charles Colson dis- cussing the pending ITT antitrust litigation.. 6. Letter dated August 7, 1970 from ‘‘Ned’’ [Edward Gerrity] Co Vice President Spiro Agnew with memorandum about ITT antitrust ??gat/on attached.. 7. ITT Later-corporate memorandum dated August 10, 1970 from Edward Gerrity co John Ryan discussing, among ocher things, Richard McLaren and the Admini-aeration’s merger policy.. 8. ITT inter-corporate memorandum dated August 24, 1970 from William Merriam to John Ryan discussing, among other things, the ITT antitrust litigation, Richard McLaren and contacts with the Administration.. 53.1 Letter from Senators Kennedy, Bayh, Hart, Burdick and Tunney to Chairman James Eastland, April 19, 1972, 3 KCH 1664 ...... 865 53.2 Letter from William Casey to Chairman James Eastland, April 26, 1972, 3 KCH 1664 ...... 866 53.3 Letter from Edward Kennedy to Chairman Harley Staggers, December 13, 1972, House Interstate and Foreign Commerce Com- mittee, Special Sub-committee on Investigations, Hearings on Legislative Oversight of SEC: Inquiry into Withholding and Transfer of Agency Files Pertaining to ITT,. 28–29 ...... 867 53.4 Michael Mitchell affidavit, submitted to House Judiciary Committee, May 1, 1974, with attachmute ...... 869 On June 8, 1972 the Senate confirmed Kleindienst’s nomination. On June 12, 1972 he became Attorney General. 154.1. 54.2. Congressional Record, June 8, 1972, S9114–15 ...... 902 President Hixon remarks at swearing-in ceremonies for Richard Kleindienst as Attorney General, June 12, 1972, 8 Presidential Docu- ments 1024 ...... 904 (61). 55. On three occasions in September 1972 Congressman Harley Staggers, Chairman of the House Interstate and Foreign Commerce Committee, Special Subcommittee on Investigations, requested from SEC Chairman William Casey access to material received from ITT by the SEC in connection with the SEC’s investigation of ITT. Chairman Casey discussed Chairman Staggers’’ request with Mitchell, Dean and Colson. By letters to Chairman Staggers, Chairman Casey refused the requests. The ITT material was transferred by the SEC to the Department of Justice on October 6, 1972. In addition, an envelope containing other documents ob- tained from ITT which reflected contacts in 1970 and 1971 between representatives of ITT and Administration officials was deliv- ered separately by the SEC to the office of Deputy Attorney General Erickson.. 55.1 Letter from Chairman Harley Staggers to William Casey, September 21, 1972, House Interstate and Foreign Commerce Com- mittee, Special Subcommittee on Investigations, Hearings on Legislative Oversight of SEC: Inquiry into Withholding and Transfer of Agency Files Pertaining to ITT, 5 ...... 907 55.2 Chairman Harley Staggers statement, House Interstate and Foreign Coerce Committee, Special Subcommittee on Investigations, Hearings on Legislative Oversight of SEC: Inquiry into Withholding and Transfer of Agency Files Pertaining to ITT, 23 ...... 908
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55.3 Letter from Chairman Harley Staggers to William Casey, September 28, 1972, House Interstate and Foreign Commerce Com- mittee, Special Subcommittee on Investigations, Hearings on Legislative Oversight of SEC: Inquiry into Withholding and Transfer of Agency Files Pertaining to ITT, 6–8 ...... 909 55.4 William Casey testimony, House Interstate and Foreign Commerce Committee, Special Subcommittee on Investigations, Hear- ings on Legislative Oversight of SEC: Agency Independence and the ITT Case, 230, 235, 241, 250–51, 260–62 ...... 922 (62). 55.5 Letter from William Casey to Chairman Harley Staggers, September 26, 1973, House Interstate and Foreign Commerce Com- mittee, Special Subcommittee on Investigations, Hearings on Legislative Oversight of SEC: Inquiry into Withholding and Transfer of Agency Files Pertaining to ITT,. 5–6 ...... 920 55.6 Letter from William Casey to Chairman Harley Staggers, October 6, 1972, House Interstate and Foreign Commerce Committee, Special Subcommittee on Investigations, Hearings on Legislative Oversight of SEC: Inquiry into Withholding and Transfer of Agency Files Pertaining to ITT,. 8–9 ...... 922 55.7 Letter from William Casey to Ralph Erickson, October 5, 1972, House Interstate and Foreign Commerce Committee, Special Subcommittee on Investigations, Hearings on Legislative Oversight of SEC: Inquiry into Withholding and Transfer of Agency Files Pertaining to ITT,. 135–36 ...... 924 55.8 Charles Mallory testimony, House Interstate and Foreign Commerce Committee, Special Subcommittee on Investigations, Hear- ings on Legislative Oversight of SEC: Inquiry into Withholding and Transfer of Agency Files Pertaining to ITT,. 86–89 ...... 928 55.9 Ralph Erickson testimony, House Interstate and Foreign Commerce Committee, Special Subcommittee on Investigations, Hear- ings on Legislative Oversight of SEC: Agency Independence and the ITT Case, 128–30, 149–64 ...... 930 In 8 letter dated October 17, 1972 Chairman Staggers requested from Deputy Attorney General Erickson access to the ITT materials referred to the Department of Justice by the SEC. Erickson denied the request on the grounds that disclosure might prejudice any future criminal proceedings.. 56.1 Letter from Chairman Harley Staggers to Ralph Erickson, October 17, 1972, House Interstate and Foreign Commerce Committee, Special Subcommittee on Investigations, Hearings on Lagislative Oversight of SEC: Inquiry Into With holding and Transfer of Agency Files Pertaining to ITT, 9–10 ...... 950 56.2 Letter from Ralph Erickson to Chairman Harley Staggers, October 26, 1972, House Interstate and Foreign Commerce Committee, Special Subcommittee on Investigations, Hearings on Legislative Oversight of SEC: Inquiry Into Withholding and Transfer of Agency Files Pertaining to ITT, 10–11 ...... 952 57. On January 8, 1974 the Office of the White House Press Secre-issued a ‘‘White Paper’’ entitled, ‘‘The ITT Anti-Trust Decision,’’ describing the President’s role in the ITT antitrust cases and their settlement..
57.1 White House ‘‘White Paper’’, The ITT committment had come. You can’t imagine reconciled—between Hal and Wilson—if all Anti-Trust Decision. January 8, 1974 how many queries I’ve had from ‘‘friends’’ of us in this office remain totally ignorant of ...... 956 about this situation and I have in each and any committment ITT has made to anyone. 58. On May 16, 1974, Richard Kleindienst every case denied knowledge of any kind. It If it gets too much publicity. you can believe pleaded guilty to one count of refusing or would be wise for all of us here to continue our negotiations with Justice will wind up failing fully to respond to questions to do that, regardless of from whom any sho?? down. Mitchell is definitely helping us, propounded to him by the Senate Committee questions come; White House or whoever. but cannot let it be known. Please destroy on the Judiciary on March 2, 3, 7, and 8 and John Mitchell has certainly kept it on the this, huh?? April 27, 1972. higher level only, we should be able to do the EXHIBIT B 58.1 United States v. Kleindienst same. UNITED STATES DISTRICT COURT information, May 16, 1974, with attached I was afraid the discussion about the three FOR THE DISTRICT OF COLUMBIA Watergate Special Prosecution Force press hundred/four hundred thousand UNITED STATES OF AMERICA, Plaintiff, release ...... 966 committment would come up soon. If you Civil Action No. 98–1232 (CKK) 58.2 Letter from Leon Javorski to Herbert remember, I sug- geared that we all stay out V. J. Miller, May 10, 1974 (received from of that. other than the fact that I told you I MICROSOFT CORPORATION, Defendant. Watergate Special Prosecution Force) had heard Hal up the original amount. Civil Action No. 98–1233 (CKK) ...... 969 * Now I understand from Ned that both he STATE OF NEW YORK, et al., Plaintiffs V. PURPORTED DITA BEARD and you are upset about- the decision to MICROSOFT CORPORATION, Defendant. MEMORANDUM, JUNE 25, 1971, make it four hundred in services. Believe me, ORDER PERSONAL AND CONFIDENTIAL this is not what Hal said. Just after I talked In light of the recent tragic events affecting Washington Office with Ned, Wilson called me, to report oh his our Nation, this Court regards the benefit 1707 L Street, NW meeting with Hal. Hal at no time told Wilson which will be derived from a quick Washington, DC 20036 that our donation would be in services resolution of these cases as increasingly Tel. (202) 296–6000 ONLY. In fact, quite the contrary, There significant. Accordingly, to avoid the To: W.R. Merriam would be very little cash involved, but expenditure of the parties’’ financial Date: June 25, 1971 certainly some. I am convinced, because of resources on litigation costs which will From: D.D. Beard several conversations with Louie re Mitchell, surely be incurred if these cases continue to Subject: .San Diego Convention that our noble committment has gone a long be litigated, the Court will order the parties I just had a long talk with EJG. I’m so sorry way toward our negotia- tions on the mergers into settlement for a fixed period of time, that we got that call from the White House. eventually coming out as Hal wants them. commencing as of the date of this Order and I thought you and I had agreed very Cer- tainly the President has told Mitchell to expiring on November 2, 2001. The Court thoroughly that under no circumstances see that things are worked out. fairly. It is expects that during this time the parties and would anyone in this office discuss with still only McLaren’s mickey-mouse we are counsel will fully expend and concentrate all anyone bur participation in the Convention, suffering. of their resources upon resolving these cases including me. Other than permitting John We all know Hal and his big mouth.* But through a fair settlement for all parties. If the Mitchell, Ed Reinecke, Bob Haldeman and this is one time he cannot tell you and Ned cases have not been fully resolved through Nixon (besides Wilson, of course) no one has one thing and Wilson (and me) another! I settlement by November 2, 2001, then the known from whom that 400 thousand hope dear Bill. that all of this can be Court will proceed with the scheduling order
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to be addressed at the September 28, 2001, FOK THE DISTRICT OF COLUMBIA proposed Final Judgment. The United States scheduling conference and entered Civil Action No. 98–1232 (CKK) will publish the revised proposed Final immediately thereafter. UNITED STATES OF AMERICA, Plaintiff, Judgment and Competitive Impact Statement The parties have indicated that if the cases vs. in the Federal Register. are to be settled they can best resolve these MICROSOFT CORPORATION, Defendant. 5. The United States will publish a notice cases without the assistance from a mediator. STATE OF NEW YORK ex rel. informing the public of the revised proposed It has been three months since the appellate Filed: 6, 2001 Final Judgment and public comment period court rendered its decision with no Civil Action No. 98–1233 (CKK) in the Washington Post and the San Jose resolution reached by the parties. The Court Attorney General ELIOT SPTTZER, et al., Mercury News, for seven days over a period will give the parties until October 12, 2001, Plaintiffs, vs. of two weeks commencing no later than to settle the cases on their own. However, if MICROSOFT CORPORATION, Defendant. November 15, 2001. at the end of that time, they have not been Next Court Deadline: November 6, 2001 6. Members of the public may submit fully successful, the parties shall submit to Status Conference written comments about the revised Chambers, on October 12, 2001, the name of STIPULATION proposed Final Judgment to a designated an agreed-upon individual to act as Ptaintiffs United States of America official oft he Antitrust Division of the facilitator/mediator to assist the parties in (‘‘1.Trilled Stales’’) and the Slates of New United States Department of Justice for a their efforts. If the parties cannot agree upon York, Ohio, Illinois, Kentucky, Louisiana, period of 60 days after publication of the an individual, then the Court will appoint Maryland, Michigan, North Carolina and revised proposed Final Judgment and such an individual to act as their facilitator/ Wisconsin and Defendant Microsoft Competitive Impact Statement in the Federal mediator. Any payment due the facilitator/ Corporation (‘‘Microsoft’’), by and through Register. mediator shall be borne equally among the their respective attorneys, having agreed to 7. Within 30 clays after the close of the 60- three parties. At ten-day intervals, without the entry of this Stipulation, it [.s hereby day public comment period, the United disclosing or discussing the contents of the stipulated and agreed that: States will file with the Court and publish in settlement discussion, the parties Shall A Final Judgment in the form attached the Federal Register any comments it participate in a conference call to apprize the hereto may be filed and entered by the Court. receives and its response to those comments. Court of their progress in settling the cases. upon the motion of any party or upon the 8. Once the aforementioned procedures The Court will not entertain any requests for Court’s own motion, at any time after have been compiled with, the United States extensions of the deadlines. compliance with the requirements of the viii file with the Court a certification of The Court cannot emphasize too strongly Antitrust Procedures and Penalties Act. 15 compliance with the requirements of 15 the importance of making these efforts to U.S.C. * 16, and without further notice to any U.S.C. § 16, and a Motion for Entry of settle the cases and resolve the parties’’ party or other proceedings, provided that the Revised Proposed Final Judgment, unless it differences in this time of rapid national United States has not withdrawn its consent, withdraws its consent to entry of the revised change. The claims by Plaintiffs of which it may do at any time before the entry proposed Final Judgment pursuant to anticompetitive conduct by Microsoft arose of the revised proposed Final Judgment by paragraph 2, above. At any time thereafter, over six years ago, and these cases have been serving notice thereof on Microsoft and by and at the conclusion of any further litigated in the trial and appellate court for filing that notice with the Court. proceedings ordinal by the court pursuant to over four years. As the Court of Appeals has 2. Unless otherwise provided in the revised 15 U.S.C. § 16(f), the Court may then enter noted, the relevant time frame for this proposed Final Judgment, Microsoft shall the revised proposed Final Judgment, dispute spans ‘‘an eternity in the computer begin complying with the revised proposed provided that the Court determines that entry industry.’’ The Court expects that the parties Final Judgment as it was in full force and of the revised proposed Final Judgment will will act in good faith and will engage in an effect starting on December 16, 2001. Subject serve the public interest. all-out effort to settle these cases, meeting to the foregoing, Microsoft agrees to be bound DATED this 6th day of November, 2001 seven days a week and around the clock, by the provisions of the revised proposed FOR PLAINTIFF THE UNITED STATES acting reasonably to reach a fair resolution. Final Judgment pending its entry by the OF AMERICA: Based on the foregoing, it is this day of Court. If the United States withdraws its Antitrust Division September, 2001, hereby consent, or if (a) ‘‘the revised proposed Final United Slates Department of Justice ORDERED that all proceedings in the above Judgment is not entered pursuant to the 901 Pennsylvania Avenue, NW captioned cases are stayed until November 2, terms of the Stipulation, (b) the time has Washington DC 20530 2001; and it is further expired, for all appeals of any Court ruling (202) 514—2,401 ORDERED that during this time, counsel declining to enter the revised proposed Final FOR PLAINTIFFS THE STATES OF NEW shall focus all of their attention on the Judgment, and (c) the Court has not: YORK, OHIO, ILLINOLS, KENTUCKY, settlement of these cases; and it is further otherwise ordered continued compliance LOUISIANA. MARYLAND, MICHIGAN, ORDERED that the parties shall be with the terms and provisions of the revised NORTH CAROLNA AND WISCONSIN: permitted to proceed without a facilitator/ proposed Final Judgment, then all of the Eliot Spitzer. mediator until October 12, 2001, and parties shall be released from all further Attorney General of New York thereafter until a facilitator/mediator is obligations under this Stipulation, and the 120 Broadway appointed; and it is further making of this Stipulation shall be without New York, New Yolk 10271 ORDERED that if no resolution is reached prejudice to any parry in this or any other (212) 416–8282 by October 12, 2001, on that date, the parties proceeding. 3. Pursuant to 15 U.S.C. § 16(g), FOR. DEFENDANT MICROSOFT shall submit to Chambers the name of an within ten (10) days of the submission of the CORPORATION: ?? agreed-upon individual to serve as a revised proposed Final Judgment, Microsoft ?? & Cromwell facilitator/mediator; will file with the Court a description of any 123 Broad Street if the parties axe unable to agree upon such and all written or oral communications by or New York. NEW York 10004 an individual, the Court will appoint such an on behalf of Microsoft, or other person, with (212) 558–4000 individual to serve as a facilitator/mediator; any officer or employee of the United States EXHIBIT D and it is further concerning or relevant to the revised UNITED STATES DISTRICT COURT ORDERED that the parties shall participate proposed Final Judgment, except that any FOR THE DISTRICT OF COLUMBIA in a conference call to Chambers on October such communications made by counsel of Civil Action No. 98–1232 (CKK) 12, 200 I, and on October 22, 2001, wherein record alone with the Attorney General or the UNITED STATES OF AMERICA, Plaintiff, the parties shall report the status of their employees of the United States Department V. negotiations to the Court. of Justice alone shall be excluded from this MICROSOFT CORPORATION, Defendant. SO ORDERED. requirement. Civil Action No. 98–1233 (CKK) COLLEEN KOLLAK-KOTELLY 4. Pursuant to 15 U.S.C. § 16(b), on or STATE OF NEW YORK, et al., Plaintiffs United States District Judge EXHIBIT C before November 16, 2001, the United States V. IN THE UNITED STATES DISTRICT will file with the Court a Competitive Impact MICROSOFT CORPORATION, Defendant. COURT Statement explaining the terms of the revised ORDER
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Pursuant to the status hearing held on ORDERED that members of the public may Microsoft Corporation November 6, 2001, it is this eighth day of submit written comments concerning the EXHIBIT F November, 2001, hereby proposed Final Judgment to a designated IN THE UNITED STATES DISTRICT ORDERED that the above-captioned cases official of the Antitrust Division of the COURT shall proceed on two independent tracks: United States Department of Justice for a FOR THE DISTRICT OF COLUMBIA ‘‘Track I’’ is the label the Court shall use period of 60 days following publication of Civil Action No. 98–1232 (CKK) to refer to the Court’s review, pursuant to the the proposed Final Judgment and UNITED STATES OF AMERICA, Antitrust Procedures and Penalties Act Competitive Impact Statement in the Federal Plaintiff, (Tunney Act), 15 U.S.C. 16(b)-(h), of the Register; and it is further V, proposed Final Judgment which reflects a ORDERED that, within thirty days after the MICROSOFT CORPORATION, Defendant. settlement of Civil Action No. 98–1232 in its close of the 60-day public comment period, STATE OF NEW YORK ex. rel. Attorney entirety and a partial settlement of Civil the United States shall file with the Court General ELIOT SPITZER, et al., Plaintiffs, Action No. 98–1233. and publish in the Federal Register its Civil Action NO. 98–1233 (CKK) ‘‘Track II’’ is the label the Court shall use responses to any comments received; and it V. to refer to the remaining litigation between is further Next Court Deadline: March 4, 2002 Status the States proceeding to litigation and ORDERED that, simultaneous with the Conference Microsoft concerning an appropriate remedy filing of its response to the comments of the MICROSOFT CORPORATION, Defendant. in Civil Action No. 98–1233. public, the United States shall file any DEFENDANT MICROSOFT Accordingly, with regard-to Track I, it is appropriate legal briefing with the Court; and CORPORATION’S DESCRIPTION OF hereby it is further WRITTEN OR ORAL COMMUNICATIONS ORDERED that the States choosing to join ORDERED that upon completion of the CONCERNING THE REVISED PROPOSED the settlement shall inform the Court not late above procedures, the United States shall file FINAL JUDGMENT AND CERTIFICATION than November 9, 2001, of the identity of the with the Court a certification of compliance OF COMPLIANCE UNDER 15 U.S.C. 16(g) individual(s) who will serve as their with the requirements of the Antitrust In conformance with Section 2(g) of the representative(s) in future proceedings before Procedures and Penalties Act (Tunney Act), Antitrust Procedures and Penalties Act 1 the Court; and it is further 15 U.S.C. 16(b)-(h). (‘‘APPA’’), 15 U.S.C. 16(g), defendant ORDERED that the United States shall As discussed at the November, 6, 2001, Microsoft Corporation (‘‘Microsoft’’) respect- inform the Court of the anticipated date of hearing, following the close of the 60-day fully submits the following description of publication of the proposed Final Judgment public. comment period, the Court will hold ‘‘any and all written or oral communications and Competitive Impact Statement in the a status conference wherein the parties shall by or on behalf of’’ Microsoft ‘‘with any Federal Register as soon as such date is address the nature and need for a hearing officer or employee of the United States available; and it is further concerning the proposed final judgment. concerning or relevant to’’ the Revised ORDERED that, pursuant to 15 U.S.C. With regard to Track II, it is hereby Proposed Final Judgment filed in these 16(b), the proposed Final Judgment, in its ORDERED that any and all motions in actions on November 6, 2001. In accordance final form, and Competitive Impact Statement shall be filed with the Court not limine shall be filed not later than February with the requirements of the APP& this later than November 15 2001; and it is further 22, 2002; and it is further description excludes only ‘‘communications ORDERED that, pursuant to 15 U.S.C. ORDERED that a Pre-heating Conference made by counsel of record alone with the 16(g), within ten days of the publication of shall be held on March 4, 2002, at 9 a.m. Attorney General or the employees of the the proposed Final Judgment in the Federal SO ORDERED. Department of Justice alone.’’ Register, Microsoft shall file with the Court As discussed at the hearing on November Following the Court’s Order dated a description of any and all written or oral 6, 2001, following the filing of the parties’’ September 27, 2001, and continuing through communications by or on behalf of Microsoft, proposals for remedial relief in early November 6, 2001, counsel for Microsoft met or other person, with any officer or employee December, the Court will require the parties on a virtually daily basis with counsel for the of the United States concerning or relevant to proceeding along Track II to file a Joint Status United States and the plaintiff States in the proposed Final Judgment, except that any Report which addresses any remaining issues Washington, DC After the Court appointed such communications made by counsel of concerning the nature of the remedy hearing. Professor Eric Green of Boston University record alone with either the Attorney General Thereafter, the Court will set a date for a School of Law as mediator on October 12, or the employees of the United States status conference. 2001, Professor Green and his colleague Department of Justice shall be excluded from COLLEEN KOLLAR-KOTELLY United Jonathan Marks participated in many of those this requirement; and it is further States District Judge meetings. From October 29, 2001 through ORDERED that, pursuant to 15 U.S.C. EXHIBIT E November 2, 2001, Will Poole, a Microsoft 16(c), the United States shall publish in the UNITED STATES DISTRICT COURT vice president, also participated in some of Washington Post, the San Jose Mercury FOR THE DISTRICT OF COLUMBIA the meetings. News, and the New York Times a notice Civil Action No. 98–1232 (CKK) On October 5,2001, counsel for Microsoft containing a UNITED STATES OF AMERICA, Plaintiff, met with representatives of the United States summary of the terms of the proposed vs. and the plaintiff States in Washington, DC to Final Judgment, a summary of the MICROSOFT CORPORATION, Defendant. answer a variety of technical questions. Competitive Impact Statement, and a list of Civil Action No. 98–1233 (CKK) Linda Averett, Michael Wallent, Robert materials and documents which the United STATE OF NEW YORK ex. rel. Short and Chad Knowlton of Microsoft States shall make available for purposes of Attorney General ELIOT SPITZER, et al., attended this meeting, as did Professor meaningful public comment and the place Plaintiffs, vs. Edward Felten of Princeton University, one where such materials and documents are Next Court Deadline: March 4, 2002 Status of plaintiffs’’ technical experts. available for public inspection. Such Conference Microsoft certifies that, with this publication shall continue for seven days MICROSOFT CORPORATION, Defendant. submission, it has complied With the over a period of two weeks, commencing not NOTICE OF ENTRY OF APPEARANCE require- ments of 15 U.S.C. § 16(g) and that later than November 15, 2001; and it is Please enter the appearance of Charles F. this submission is a true and complete further Rule (Bar No. 370818) as counsel for description of such communications known defendant Microsoft Corporation. to Microsoft. 1 While the Court is aware that the requirements Respectfully submitted, Dated: Washington, DC of the Antitrust Procedures and Penalties Act Charles F. Rule (DC Bar #370818) December 10, 2001 (Tunney Act) apply only to proposals for ‘‘consent Fried, Frank, Harris, Shriver & Jacobson Respectfully submitted, judgment[s] submitted by the United States,’’ 15 1001 Pennsylvania Avenue, NW Suite 800 William H. Neukom U.S.C. 16(b), the Court presumes that the States which have chosen to enter into a settlement Washington, DC 20004–2505 Thomas W. Butt agreement with Microsoft will play an active role Telephone No. 202–639–7300 David A. Heiner, Jr. in advocating the entry of the consent judgment Dated: November 15, 2001 Diane D’Arcangelo proposed in this case. Attorney for Defendant Christopher J. Meyers
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MICROSOFT CORPORATION Status Washington, D.C. 20530 One Microsoft Way Criminal Justice Act Attorney (Yes) (No) Jay L. Himes, Esquire Redmond, Washington 98052 * U.S. District Court Admission Date Sept. Office of the Attorney General of the State (425) 936–8080 25, 1990, S.D.W.Va. of New York Dan K. Webb Employed by the United States 120 Broadway, Suite 260I WINSTON & STRAWN Government (Yes) (Not X New York, NY 10271 35 West Wacker Drive GOVERNMENT ATTORNEYS who Kevin J. O’Connor, Esquire Chicago, Illinois 60601 practice and file pleadings before the US Office of the Attorney General of the State (312) 558–5600 District Court should complete this form. of Wisconsin Charles F. Rule (Bar No. 370818) Renewal Fees may be waived. P. O. Box 7857 FRIED, FRANK, HARRIS, SHRIVER CHANGE OF ADDRESS: 123 West Washington Avenue & JACOBSON This form may serve as written notification Madison, WI 53703–7857 1001 Pennsylvania Avenue, NW to the Clerk’s office of address change under Beth Finnerty, Esquire Suite 800 the requirements of Local Rule 706(c). Office of the Attorney General of the State Washington, DC 20004–2505 However, this notification fulfill the of Ohio (202) 639–7300 PRAECIPE requirement of the Ride. 706(c) 140 East Town Street, I2th Floor John L. Warden (Bar No. 222083) requires that, ‘‘(t)he attorney shall also within Columbus, OH 43215 Richard J. Urowsky 10 days file a praecipe reffecting such change Blake Harrop, Esquire Steven L. Holley in each case which the attorney has pending Office of the Attorney General of the State Michael Lacovara before this Court serving a copy upon each of Illinois Richard C. Pepperman, II of the attorneys in these cases.’’ 100 West Randolph Street, 12th Floor Ronald J. Colombo FAILURE TO RENEW Chicago, IL 60601 SULLIVAN & CROMWELL An attorney who fails to file the??and pay Douglas L. Davis 125 Broad Street the renewal fee will be provisionally Assistant Attorney General New York, New York 10004 removed from the list of members in good State of West Virginia (212) 558–4000 standing, The name of the attorney will be EXHIBIT H Bradley P. Smith (Bar No. 468060) restored to the list of members in good AO 458 (Rev. 6/98 DC)—APPEARANCE SULLIVAN & CROMWELL standing: upon the filing of the required United States District Court for the District 1701 Pennsylvania Avenue, NW certificate and payment of the delinquent fee of Columbia Washington, DC 20006 within five years after the done date. At the CASE NUMBER: 98–1233 (CKK) (202) 956–7500 end of the five years from the dues date, the STATE OF NEW YORK, et al., Plaintiffs, Counsel for Defendant attorney’s name will be permanently V. Microsoft Corporation removed from the roll, without prejudice to MICROSOFT CORPORATION, Defendant. EXHIBIT G an application for admission as a new APPEARANCE AO 458 (Rev. 8/98 DC) .APPEARANCE member [??Rule.701.1(c)]. To the Clerk of this court and all parties United State District Court for the Distri??t CERTIFICATE OF SERVICE of record: of Columbia I hereby certify that on this 12th day of Enter my appearance as counsel in this CASE NUMBER: 98–1233 (CKK) December, 2001, copies of my Notice of case for STATE OF NEW YORK ex rel. Attorney Appearance was served upon the following Plaintiff States New York, California, General ELIOT SPITZER, et al., Plaintiffs, by first-class mail. postage prepaid, to: Connecticut, F1orida, Illinois, Iowa, Kansas, V. Brendan V. Sullivan, Ir., Esquire Kentucky, Louisiana, Maryland, MICROSOFT CORPORATION, Defendant. Williams & Connolly, LLP Massachusetts, Michigan, Minnesota, North APPEARANCE 725 Twelfth Street, N.W. Carolina, Ohio, Utah, Wisconsin and the To the Clerk of this court and all parties Washington, D. C. 20005 District of Columbia of record: John L. Warden, Esquire November 1, 2001 Enter my appearance as counsel in this Sullivan & Cromwell 253286 Steven R. Kimey, case for 125 Broad Street, 31st Floor BAR IDENTIFICATION NO. Print Name The State of West Virginia New York, NY 10004–2498 Williams & Connolly LLP. by Attorney General Darrell V. McGraw, Jr. Bradley P. Smith, Esquire 725 Twelfth Street, NW W. Va. 5502 Douglas Lee Davis Sullivan & Cromwell Washington, DC 20005 BAR IDENTIFICATION NO. Print Name 1701 Pennsylvania Avenue, N.W., 7th 202–43&—5000 P.O. Box 1789 Floor CERTIFICATE OF SERVICE Address Washington, D.C. 20006–5805 I hereby certify that on this 1st day of Charleston, WV 25326 William H. Neukom, Esquire November, 2001, copies of Notices of City Sate Zip Code Law and Corporate Affairs Appearance for Brendan V. Sullivan, Steven (304) 558–8986 Microsoft Corporation, Building 8 R. Kuney and John E. Schmidtlein were Phone Number One Microsoft Way served by facsimile and first-class marl, US DISTRICT COURT FOR THE DISTRICT Redmond, WA 98052–6399 postage prepaid, to: OF COLUMBIA Dan K. Webb, Esquire John L. Warden, Esq. RENEWAL APPLICATION Winston & Strawn, Sullivan & Cromwell (PLEAS PRINT OR TYPE) 35 West Wacker Drive 125 Broad Street Name Chicago, IL 60601 31st Floor Last * Davis First Douglas Charles F. Rule, Esquire New York, NY 10004–2498 Middle Lee Generation (Jr., Sr., etc.) Fried, Frank, Harris, Shriver & Jacobson Bradley P. Smith, Esq. DC/Federal Bar Identification Number 1001 Pennsylvania Avenue, N.W., Suite Sullivan & Cromwell Social Security Number 286–56–8106 800 1701 Pennsylvania Avenue, N.W. (If Federal. Bar, please state name of court): Washington D.C. 20004–2505 7th Floor Address Philip S. Beck, Esquire Washington, D.C. 20006–5805 Firm Office of the West Virginia Attorney Bartlit, Beck, Herman, Palenchar & Scott William H. Neukom, Esq. General Courthouse Place, Suite 300 Executive Vice President Building & Suite P. O. Box 1789 54 West Hubbard Street Law and Corporate Affairs Street 812 Quarrier St., 4th Floor Chicago, IL 60610 Miscrosoft Corporation City Charleston State WV Renata B. Hesse, Esquire Building 8 Zip 25326 Phone (304) 558–8986 United States Department of Justice One Microsoft Way Unit (within firm or agency) Consumer Antitrust Division Redmond, WA 98052–6399 Protection and Antitrust 601 .D Street, N.W., Suite 1200 Counsel for Defendant Microsoft
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Philip S. Beck, Esq. EXHIBIT 11 anticipated effects on competition of such Bartlit Beck Herman Palenchar & Scott IN THE UNITED STATES DISTRICT relief; Courthouse Place COURT (4) the remedies available to potential Suite 300 FOR THE DISTRICT OF COLUMBIA private plaintiffs damaged by the alleged 54 West Hubbard Street UNITED STATES OF AMERICA Plaintiff, violation in the event that such proposal for Chicago, IL 60610 V. the consent judgment is entered in such Renata B. Hesse, Esq. MICROSOFT CORPORATION, Defendant. proceeding; and United States Department of Justice STATE OF NEW YORK ex rel. ) (6) a description and evaluation of Antitrust Division Attorney General ELIOT SPITZER, et al., alternatives to such proposal actually 601 D Street, NW Plaintiffs, ) considered by the United States.’’ Suite 1200 v. In violation of 15 U.S.C. 16(b)(3), the CIS Washington, D.C. 20530 MICROSOFT CORPORATION, Defendant. does not contain anything approaching an Counsel for Plaintiffs CIVIL ACTION NO. 98–1232 (CKK) analysis of the effects of the RPFJ on John E. Schmidtlein Filed: January 28, 2002 competition. EXHIBIT 1 CIVIL ACTION NO. 98–1233 (CKK) In violation of 15 U.S.C. 16(b)(4), the CIS United States District Court Next Court Deadline: March 4, 2002 Pre- does not analyze or explain the effect of the for the District of Columbia hearing Conference RPFJ on private litigants. CASE NUMBER: 98–1233 (CKK) MEMORANDUM OF POINTS AND In violation of 15 U.S.C. 16(b)(6), the CIS STATE OF NEW YORK, et al., Plaintiffs, AUTHORITIES IN SUPPORT OF MOTION does not contain a full evaluation of all v. OF RELPROMAX ANTITRUST INC. FOR alternatives to the RPFJ actually considered MICROSOFT CORPORATION, Defendant. LIMITED PARTICIPATION AS AN AMICUS by the United States. The CIS mentions, but APPEARANCE CURIAE AND FOR AN EXTENSION OF does not evaluate, numerous other To the Clerk of this court and all parties TIME ON THE GROUNDS THAT THE alternatives. of record: UNITED STATES HAS NOT PROVIDED A Further, no documents considered Enter my appearance as counsel in this COMPETITIVE IMPACT STATEMENT IN determinative in formulating the RPFJ case for Plaintiff States New York, California, COMPLIANCE WITH THE REQUIREMENTS throughout the negotiation process were Connecticut, Florida, Illinois, Iowa, Kansas, OF 15 U.S.C. 16(b) disclosed as required by 15 U.S.C. 16(b). Kentucky, Louisiana, Maryland, Plaintiff, the United States of America, has Accordingly, entry of an order in the form Massachusetts, Michigan, Minnesota, North not complied with the disclosure submitted herewith is respectfully requested. Carol, Ohio, Utah, Wisonsin and the District requirements of the Tunney Act, specifically REQUEST FOR ORAL HEARING of Columbia 15 U.S.C. 16(b), or this Court’s Order dated An oral hearing on this motion is requested November 1, 2001 November 8,2001. pursuant to 15 U.S.C. 16(0(5). 12757 Brendan V. Sullivan, Jr. Pursuant to 15 U.S.C. 16(b), anyone has the Respectfully submitted, Williams & Connolly LLP statutory right to comment on the Revised January 28, 2002 725 Twelfth Street, NW Proposed Final Judgment (‘‘RPFJ’’) in Peter Peckarsky Washington, D.C. 20005 captioned Civil Action 98–1232 for sixty (60) 1615 L Street, NW, Suite 850 202–434–5000 days after the United States complies with Washington, DC 20036 CERTIFICATE OF SERVICE the requirement for a Competitive Impact Telephone: (202) 785–0100 I hereby certify that on this 1st day of Statement (‘‘CIS’’) set forth in 15 U.S.C. 16(b). Telecopier: (202) 408–5200 November, 2001; copies of Notices of Relpromax Antitrust Inc. (‘‘Relpromax’’) Attorney for Relpromax Antitrust Inc. Appearance for Brendan V. Sullivan, Steven hereby asserts its statutory right, which is EXHIBIT 12 R. Kuney and John E. Schmidtlein were also the statutory right of all Americans, to TO THE COMMENTS OF RELPROMAX served by facsimile and first-class mail, consider for sixty (60) days a CIS which ANTITRUST INC. ARTICLES AND postage prepaid, to: meets the requirements of 15 U.S.C. 16(b) FEATURES John L. Warden, Esq. and then to file with the United States such The Real Microsoft Case and Settlement Sullivan & Cromwell written comments as it deems appropriate BY CHARLES A. JAMES 125 Broad Street with respect to the RPFJ in light of the United States v. Microsoft, the first major 31st Floor information disclosed in the CIS pursuant to monopolization case of the 21st century, has New York, NY 10004–2498 15 U.S.C. 16(b). transformed antitrust from an 1 legal Bradley P. Smith, Esq. Accordingly, Relpromax seeks an order: discipline into a broad public dialogue about Sullivan & Cromwell 1) granting Relpromax status as an amicus the role of competition in our society and our 1701 Pennsylvania Avenue, N.W. curiae with the right of limited participation national tolerance for economic power. The 7th Floor in proceedings so it can assist, if necessary, case has all of the trappings of a media event. Washington, D.C. 20006–5805 in obtaining, inter alia, the statutorily It involves the signature product of the William H, Neukom, Esq. required (and Court ordered) CIS; digital age, the Windows operating system, Executive Vice President 2) compelling the United States to comply through which the vast majority of computer Law and Corporate Affairs with the statute and the November 8, 2001, users worldwide interact with what has Microsoft Corporation order; and, become a basic appliance in burnan life. It Building 8 3) extending the time for comments to pits the power of the U.S. government against One Microsoft Way provide Relpromax and all interested parties one of the country’s most successful Redmond, WA 98052–6399 with their statutory rights. corporations, led by one of its wealthiest and Counsel for Defendant Microsoft II. FACTUAL AND PROCEDURAL most visible citizens. It became a contest Philip S. Beck, Esq. BACKGROUND between one of the nation’s most skilled and Bartlit Beck Herman Palenchar & Scott On November 15, 2001, the United States flamboyant trial lawyers and a company with Courthouse Place filed a CIS. the resources to purchase all the legal talent Suite 300 On November 28,2001, the CIS was money could buy. Additionally, the case 54 West Hubbard Street published in the Federal Register. became a contest between Microsoft and the Chicago, IL 60610 III. ARGUMENT other lions of the information technology Renata B. Hesse, Esq. The Tunney Act, 15 U.S.C. 16(b)(3), (4), industry. Never before in the history of the United States Department of Justice and (6) requires in pertinent part a CIS which Antitrust Division have competitors of a firm Antitrust Division provides: under prosecution invested so heavily in the 601 D Street, NW ‘‘(3) an explanation of the proposal for a outcome of one of our cases. By virtue of its Suite 1200 consent judgment, including an explanation control over the operating system, Microsoft Washington, D.C. 20530 of any unusual circumstances giving rise to Counsel for Plaintiffs such proposal or any provision contained 1 United States v. Microsoft Corp., 253 F.3d 3.4 John E. Schmidtlein therein, relief to be obtained thereby, and the (DC Cir. 2001).
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enjoys distinct advantages in competition for develop or deploy competing middleware In 1998, the Antitrust Division, nineteen adjacent markets. With huge amounts of products, and requires disclosure of states, and the District of Columbia money on the line, Microsoft’s competitors proprietary interfaces and protocols so that commenced their respective antitrust cases hired scores of lawyers and lobbyists to press rival firms may create middleware that can against Microsoft.3 The complaints alleged: their views of the case and to insist that the compete on a function-by-function basis with (1) that Microsoft engaged in a series of remedy be crafted so as to advance their Microsoft’s integrated products. The anticompetitive acts to maintain its interests. prescribed relief is supported by an monopoly position in the market for Finally, Microsoft was the first major unprecedented level of enforcement power, operating systems designed to run on Intel- antitrust case to be tried in the age of 24-hour including a full-time, on-site, independent compatible personal computers, in violation news and, as such, came to be covered like compliance team and the power to extend the of Section 2 of the Sherman Act; (2) that the Super Bowl, complete with play-by-play decree in the event of serious violations. In Microsoft attempted to monopolize the Web reporting, color commentary, player strict antitrust terms, by any serious reading browser market, also in violation of Section interviews, and endless expert analysis. of the court of appeals ruling, the settlement 2; (3) that Microsoft illegally tied its Web Antitrust lawyers and academicians represents a big win for the government. browser, Internet Explorer (IE), to its suddenly became television personalities, Charles A. James is the Assistant Attorney operating system, in violation of Section 1; providing blow-by-blow commentary on General in charge of the Antitrust Division of and (4) that Microsoft entered into exclusive every development in the litigation, A nine- the U.S. Department of Justice. The Antitrust dealing arrangements that also violated hour court of appeals arguments was Division commenced its case against Section 1. After a full trial on the merits, the broadcast live over the Internet, and, Microsoft on May 18, 1998. A coalition of 19 district court sustained all claims save for miraculously enough, ordinary people states and the District of Columbia, with New exclusive dealing.4 The court of appeals, listened to lawyers debating the finer points York as the lead plaintiff ?? their lawsuit on however, narrowed the liability findings, of technology trying and market definition. the same day, and the two cases were sustaining only the monopoly maintenance The general public actually formed opinions consolidated and prosecuted jointly. Nice claim, but with fewer anti-competitive about the appropriate outcome of an antitrust estates, including New York, have joined actions than the district court had found.5 case. with the United States in propesing a The court of appeals reversed with respect to Under the circumstances, it was very easy settlement. The views expressed herein are eight of the twenty anticompetitive acts the for the antitrust case itself to become mere the author’s and relate to the Antitrust district court had sustained as elements of substext—i.e., to become completely Division’s case and settlement and do not the monopoly maintenance claim. The court submerged beneath the show business, purport to represent the views of any state of appeals reversed the attempted pontification, and self-interested advocacy. plaintiff. monopolization and tying conclusions, Antitrust, after all, is about the application of The Real Microsoft Case remanding the latter claim for further A dose of reality is in order. Microsoft technical legal principles to highly complex proceedings under the more rigorous rule of occupies a critical place in the the worldwide economic circumstances. The types of issues reason standards.6 computer industry. Its proprietary Windows that actually matter in antitrust analysis are And, of course, the court of appeals operating system exists as the de facto far less glamorous and intriguing than the vacated the Final Judgment that had set forth standard for the entire realm of IBM- the break-up remedy and interim conduct issues usually discussed in connection with compatible peronal computers. In rough remedies.7In its own words, the court of the Microsoft case. One bedrock principle of terms, operating systems perform certain antitrust law—that a firm might lawfully appeals ‘‘drastically altered the District basic computing functions—drawing a box, 8 obtain a monopoly and exercise the power it opening a file, executing print commands, Court’s conclusions on liability.’’ affords—is almost counter-intuitive to the etc. These functions are accessed by software The surviving portion of the case focused American psyche and presents difficult line- running on the operating system through primarily on the so-called ‘‘browser war’’ and drawing exercises even for the antitrust application programming interfaces (APIs). allegations that Microsoft engaged in various cognoscenti. Thus, care must be taken to The operating system is said to ‘‘expose’’ anticompetitive pratices to maintain its distinguish between ‘‘Microsoft, the antitrust APIs. To facilitate the development of operating system monopoly. For all of its case’’ and ‘‘Microsoft, the public spectacle.’’ programs that run on the Windows operating claimed technological prowess and industry The two have developed quite differently. systems, Microsoft discloses some, but not foresight, Microsoft had fallen behind in the In this article, I address what I consider to all, of those APIs to the software race to commercialize Web browser be the real Microsoft case—the antitrust development community. Tens of thousands technology. An upstart company called dispute fought out in the courts. In of software programs are written to the Netscape had beaten the mighty Microsoft to particular, I wish to refocus attention on the Windows operating system, a fact that has the punch and quickly gained a respectable legal allegations charged in the complaint, become a seemingly self-perpetuating basis market share as the preferred technology for how those allegations were resolved in the for Microsoft’s monopoly over the operating navigating the then-burgeoning Internet. courts, and the remedies in the proposed system market. Because computer users want More importantly, Netscape proponents were Final Judgment presently undergoing Tunney their operating system to be a stable platform touting the prospect of a new world of Act review (the ‘‘proposed decreed’’). That for present and future applications programs, Internet computing that would make the Microsoft litigation that emerged from the new operating systems, whatever their operating systems less relevant, if not court of appeals was a far narrower antitrust technological merits, have difficulty gaining virtually irrelevant. Netscape touted its Web case than was originally brought seems to patronage. This is a ‘‘applications badrrier to browser as a new category of software that have gone largely unnoticed. Viewed purely entry.’’ came to be known as ‘‘middleware,’’ a form as an antitrust matter, we believe the remedy The Microsoft operating system monopoly, presently under consideration by the district fortified by the applications barrier to entry, have permitted Microsoft to retain its operating court fully and demonstrably resolves the is very durable, and gives Microsoft distinct system monopoly. monopoly maintenance finding that the court advantages in competing in downstream 3 3 United States v. Microsoft Corp., Civil Action of appeals sustained. Underlying the markets for applications software, hardware, No. 98–1232 (D.DC ?? May 18, 1998); State of New monopoly manintance claim was proof that and Internet services. These has never been York v. Microsoft Corp., Civil Action No. 98–1233 Microsoft took actions, among other things, any serious contention, however, that (D.DC ?? May 18, 1998). 4 to discourage the development and Microsoft obtained its operating system (United States v. Microsoft Corp., 87 F. Supp.2d 30, 56–57 (D.DC 2000). deployment of rival Web browsers and Java monopoly through unlawful means, but 5 Microsoft, 253 F.3d at 50–80. technologies, in an effort to prevent them rather that it unlawfully maintained it. Thus, 6 from becoming middleware threats to the Id. at 96. The Court also held that although if under our antitrust laws, the existence of the it pursued the tying claim the tying government had operating system monopoly. The settlement operating system monopoly is not subject to the burden to show an anticompetitive effect in the extends the product definition to all manner direct attack and was not challenged in this browser market, it was precluded from arguing any of present and future middleware products, case.2 theory of harm that depends on a precise definition prohibits in the broadest terms the practices of browsers or barriers to entry ....? Id. at 95. found to be unlawful, deprives Microsoft of 2 Even the structural remedy proposed by the 7 Id. at 119. the means of disciplining firms that might government and ordered by Judge Jackson would 8 Id. at 105.
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of software that, itself, exposed a broad range conduct theory.11 Under that theory, we, in remedy seemed all that could be secured, let of APIs to which software developers could effect, argued that the whole was greater than alone justified. write applications. Assuming that Netscape the sum of the parts—that Microsoft’s Eliminating structure from the remedial Navigator could become fairly ubiquitous, individual practices, rather than being judged picture was also an important tactical issue that large numbers of developers wrote on their individual merits, should be as we moved into a remedy hearing before a programs to it, and that Netscape, itself, ran evaluated as part of a grander scheme of new judge. The new judge obviously would on multiple operating systems, operating monopolization, providing an independent take into account the court of appeals not-so- systems other than Windows could become basis for monopolization liability. subtle message regarding structural relief, viable. In this sense, the browser was a Thus, we found ourselves victorious on the and likely would have little patience for ‘‘nascent’’ threat to the operating system monopoly maintenance claim, albeit with some quixotic effort to press for that remedy, monopoly. less underlying conduct to remedy. The even as a mere bargaining chip. Moreover, Microsoft took this middleware threat attempted monopolization count was gone the question of structural relief would have seriously. The trial record disclosed a and, based on the court of appeals’’ decision greatly complicated the remedy phase of the corporate preoccupation with thwarting and the need to move to the remedy phase case. Microsoft would have been entitled to Netscape and displacing the Netscape as quickly as possible, we dropped the tying raise a raft of issues regarding the impact of Navigator with IE as the prevailing Web claim. Those two claims had been a direct such relief. This would have substantially browser in the industry. This campaign assault on Microsoft’s ability to compete protracted the discovery phase of the remedy featured a host of strong-arm tactics aimed at outside of the operating system—in proceeding, eliminating any prospect for a various computer manufacturers, Internet particular, its ability to integrate new quick resolution, either in the district court access providers, and independent software functions into Windows. But the court of or otherwise. Even if we had persuaded the developers. Even the decision to integrate its trial court to impose structural relief, we appeals had made it clear that, albeit with own browser into the operating system—in would have found ourselves right back before some limits, Microsoft could lawfully effect, giving it away for free—had an the court of appeals, which already had said integrate new functions into the operating element of impeding the growth of Netscape that it would review structural relief with system and use the advantages flowing from and once was described as taking away considerable skepticism and under stringent its knowledge and design of the operating Netscape’s oxygen. Microsoft went so far as legal k standards. Finally, from my own system to compete in downstream markets. to make it more difficult to remove its personal perspective, the structural remedy What was left in the case was a series of browser from Windows in the apparent that Judge Jackson had ordered, i.e., a break- individual practices directed against recognition that computer manufacturers up into two companies without ongoing line- competing browser developers and others, would fear that the presence of two Web of-business restrictions—might have been a which the court of appeals found to be browsers on the desktop would cause hollow, short-lived solution. Without the consumer confusion and prompt expensive unlawful because of their potential to protect types of continuing line-of-business service calls. the operating system monopoly. That was the restrictions found to be hopelessly The government’s case against Microsoft conduct to be remedied; not the existence of complicated and regulatory in the AT&T focused heavily on the browser war—and a the Microsoft operating system monopoly decree, Microsoft easily could have kept its relatively narrow aspect of that war—the itself and not the prospect that Microsoft operating system monopoly and reasonabled consumer’s experience the very first time he might come to dominate other downstream its appliations businesses through acquistion or she boots up a brand new computer. a markets for reasons unrelated to its conduct and internal development in a matter of consumer with some basic level of computer protecting the operating system franchise. years, if not months. Presenting the case for knowledge and a small amount of effort, Dropping the Structural Remedy. Having line-of0business restrictions would have could elect to use the Netscape browser. Just taken the helm of the Antitrust Division just been yet another complication. Taking like any form of computer software, alternate weeks before the court of appeals decision, structural relief off the table at the outset of browsers were available through download for me the prior history of the case had to be the remedy proceeding before the new judge and other forms of retail distribution. The just that history. The court of appeals enabled us to get favorable procedural rulings underlying assumption of the browser war, decision was the new reality. It set forth the that were essential to moving quickly to a however, was that most consumers become rules of the game. Judge Jackson’s order to prompt resolution. wedded to the first products to which they separate Microsoft’s operating system The Conduct Remedy are exposed and those the computer business from the appliations business had An antitrust remedy for a Section 2 manufacturer makes it easiest to deploy. received a chilly reception, at best, in the violation must stop the offending conduct, 12 Thus, desktop placement and other forms of court of appeals decision. By admonishing prevent its recurrence, and restore ‘‘first-sighting’’ were important market that a structural remedy would only be competition. While prohibiting the exact movers. appropriate if the government proved a more conduct found to be unlawful in the court of The district court based its monopoly direct causal connection between Microsoft’s appeals decision would be relatively simple maintenance liability finding on the exclusionary practices and maintenance of work, addressing the broader questionof government’s proof that Microsoft had the operating system monopoly (a connection monopoly maintenance was more difficult. engaged in a series of exclusionary acts. that Judge Jackson said he could not find), it Preventing recurrence must involve Those acts involved, in sum, the integration was clear that a structural remedy was not proactivesteps to address conduct of a similar 13 of IE into Windows, while closing off access favored. Moreover, even in the absence of nature. Restoration requires prospective relief for Netscape; various dealing with original the court of appeals’’ cautionary language to create lostcompetition and may involve equipment manufacturers, independent about a structural remedy, its adverse actions to disadvantage the antitrust offender software providers, Internet access providers, conclusions on the tying and attempted and/or favor its rivals. The relief, however, and Internet hardware providers; effort to monopolization claims undercut any real must have its foundation in the offending thwart Java technologies; and a course of basis for separating the operating system and conduct. The monopoly maintenance conduct as a whole.9 While Judge Jackson applications businesses. After all, the court of finding, as sustained by the court of appeals, had sustained the government on most of the appeals declined to hold that Microsoft could was not a mandate to range broadly across claims, the court of appeals was a bit more not lawfully integrate appliations functions the computer industry purporting to solve selective. It ruled that certain of Microsoft’s into the operating system. Given what was unproven problems unrelated to the practices—for example, Microsoft’s practice left in the case—essentially a series of heavy- middleware threat to the operating system. of preventing computer manufacturers from handed contracting practices with computer Indeed, Judge Kollar-Kotelly stated in open substitution their own user interfaces for the manufacturers and software developer, court that she expected the government’s Windows interface supplied by Microsoft— unlawful when undertaken to protect the proposed remedy to reflect the fact that were justified and thus lawful.10 The court of operating system monopoly—a conduct portions of the government’s case had not appeals also explicitly rejected the course of been sustained. 11 Id. at 78. At the outset of the remedies proceedings, 9 Id. at 58. 12 See id. at 105–06 we stated that our proposed relief would be 10 Id. at 50–80. 13 Id. modeled upon the interim conduct
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provisions of Judge Jackson’s (now-vacated) fundamentally change the way in which it would be a meaningful threat to the Final Judgment. Those provisions were deals with computer manufacturers, Internet Windows operating system, and the fact was ‘‘interim’’ because they were intended to access providers, software developers, and noted in the court of appeals decision. Thus, remain in place only during the year in others under the proposed decree. the task in the restoration aspect of the which Microsoft was preparing to be broken The middleware definition was a very decreed was to restore the potentiality of into two companies. the government itself complex issue and would have been fought middleware. As had been the case in the had proposed those interim remedies, and hard in a litigated remedy proceeding. The mediation before Judge Posner and in Judge thus they provided a base from which to team has no accepted industry or technical Jackson’s order, our preferred approach was develop appropriate remedies. We were meaning, and one might reasonably to ensure that middleware developers had cognizant, however, that those remedies distinguish between products that might access to the technical information necessary provided relief based on Judge Jackson’s function as middleware (i.e., an intermediate to create middleware programs that could liability findings, including the attempted software program between an operating compete with Microsoft in a meaningful way. monopolization and tying claims and system and an application) and products that This would have been a difficult undertaking portions of the monopoly maintenance claim actually might threaten the operating system in the earliest phases of the case, and it that were not upheld by the appellate court. monopoly. At the time of trial, the term became even more difficult with the In addition, because those remedies had middleware was used to describe software evolution of operating systems toward more never been subjected to the rigors of an programs that exposed APIs. In today’s integrated and seamless functionality. adversarial proceedings, and had been world, by virtue of the extensive degree to API disclosure apparently had been a very prepared without any meaningful which software programs interact with each difficult obsta??e to resolution of the case at consultation with Microsoft, certain practical other, a very broad range of programs—large every stage. Press reports of the mediation issues had never been fully vetted. This was and small, simple and complex—expose before Judge Posner indicated that the scope a real danger, because the remedies had to be APIs. Obviously, all software that exposed of API disclosure was the sticking point that fully capable of being put into practice, APIs could not qualify as middleware for doomed earlier efforts to settle. There had anything else would be an enforcement purposes of the case. never been any allegation in the case that nightmare.The interim remedies had also As middleware is defined in the proposed Windows was an essential facility, the been based upon a trial record developed decree, it captures, in today’s market, proprietary technology for which had to be largely in 1998 and 1999. The industry had Internet browsers, e-mail client software, openly shared in the industry. Further, changed significantly since then. Among networked audio/video client software, and failure to disclose APIs sufficient to create other things, by most accounts, Microsoft had instant messaging software. On a going interoperable software was not a critical essentially won the browser war, relief to forward basis, it also provides guidelines for underpinning of the case; after all, we argued revive Netscape Navigator as a middleware what types of software will be considered successfully that the 70,000 applications threat may have too little, too late. In middlewares for purposes of the decree. written to Windows contributed so the addition, the character of potential These guidelines are critical because, while strength of the monopoly. That is not to say middleware platforms had largely changed. It it is important that future middleware that disclosure had not been used selectively is unclear whether another general products be captured by the proposed decree, by Microsoft, the government showed that middleware threat like the browser will ever those products will not necessarily be readily Microsoft had sought agreements with again emerge. The middleware war of today identified as such. middleware developers to refrain from appears to focus on more specialized types of Preventing Recurrence. Having addressed developing competing products in exchange software, such as instant messaging systems the basic prohibitions, the more formidable for preferential access to proprietary and media players-systems that might be tasks of addressing recurrence, restoration, technical information. Such agreements, platforms for families of related functions, and enforcement confronted us. Because of however, would have been facially unlawful, but whose potential to be a platform for a the critical role Microsoft’s Windows without regards to Microsoft having some broad range of application remains to be operating system plays within the computer inherent legal obligation to disclose APIs. seen. Today, one would not necessarily industry, the company has at its disposal a Technical support, in that sense, was merely predict that a software developer would write broad array of potential means of projecting consideration for an otherwise unlawful a financial services program, for example, to its will upon manufacturers anddevelopers. agreement. There is a duality in Microsoft’s run on either a messaging system or a media Many in the computer industry believe that position on API disclosure. The company player. Finally, and perhaps most Microsoft can influence product frequently argues thatit has strong incentives importantly, the operating system world has development and deployment decisions by to make broad disclosures of APIs and other changed. At the time the case was filed, the other firms through a variety of carrots and technical information because it wants browser was designed to sit on top of the sticks, and there was evidence in the trial developers to write applications programs to operating system like any other application record that Microsoft had used a number of its operating system. Nonetheless, the that had to be ‘‘opened’’ manually. In the such tactics to impede the emergence of company is forced to acknowledge that many ensuingyears, the technology evolved so that competing Web browsers. By the same important Windows functions rely upon browser functions increasingly were rocken, not all forms of collaborationbetween undisclosed APIs. Moreover, it seemed fairly integrated into the operating system and Microsoft and other industry participants are clear that Microsoft’s reluctance to disclose invoked automatically to create a more anticompetitive, and some actually benefit those APIs was based upon more than a seamless user experience. This made competition and consumers. To cover the concern about the burden of administering middleware products easier for consumers to broad range of potential strategies Microsoft the disclosure regiment. The simple fact is use, but placed greater demands on might deploy, we sought to address the that certain of the undisclosed APIs relate to competitors to create products that could recurrence issue through the broad concepts cutting-edge functions and applications, function as seamlessly as Microsoft’s. of non-discrimination and non-retaliation, many of them integrated deeply into the Enjoining the Unlawful Conduct. There rather than by simply enumerating a list of operating system, that could be meaningful was no question that any proposed Final specific prohibitions that we can identify points of differentiation between Windows Judgment had to include prohibitions to today. middleware products and those offered by enjoin the offending conduct that the district Restoring Lost Competition. With regard to third parties. Thus, we believed that we were court had found and the court of appeals had restoration, we had to begin from the premise on strong legal ground in seeking to require sustained. I must note, however, that the that the middleware threat to the operating Microsoft to disclose its undisclosed APIs as affirmative prohibitions contained in the system monopoly was a nascent one. It is a means of restoring competition in the proposed decree go considerably beyond the said that some 70,000 applications currently middleware industry. literal findings of the court of appeals. The run on Windows, making the applications The decree’s provisions for API disclosure decree broadly bans exclusive dealing, gives barrier to entry quite formidable. At the very will be critical in enabling independent computer manufacturers extensive control of peak of our advocacy in the case, developers to match Windows’’ functionality the desktop and initial boot sequence, and unfortunately not even we could hypothesize in their middleware products. Simply stated, prohibits a broad range of retalitory conduct. a point at which so many applications would if Microsoft middleware products rely on an There can be no question that Microsoft must be written to middleware APIs that there API, that API must be disclosed. API
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disclosure of this type has become all the manner. Yet there is a clear body of case law prosecutorial access powers, backed up by more critical as the operating system has that a vertically integrated firm, even one that civil and criminal contempt authority, this evolved to include more deeply integrated is a monopolist, might rationally and decree has two more aggressive features. functions that are invoked automatically in lawfully gain a competitive advantage in one First, it requires an independent, full-time, connection with other applications. But for market from its strength or monopoly power on-site compliance team—complete with its detailed API disclosure, many middleware in another. In other words, there is no legal own staff and the power to hire consultants— functions offered in third-party software rule of antitrust law requiring distinct that will monitor compliance with the would be more difficult to implement than businesses within a single firm to act as decree, report violations to the Department, Microsoft’s integrated functions. Independent though they are complete strangers to each and attempt to resolve technical disputes middleware vendors also will be aided by the other. The connection between the ‘‘secret under the disclosure provisions. The decree’s provisions that require Microsoft to sauce’’ argument in the server market and the compliance team will have complete access create and preserve‘‘default’’ settings, such monopoly maintenance claim in this case to Microsoft’s source code, records, facilities, that certain of Microsoft’s integrated may not be obvious. To establish the andpersonnel. Its dispute resolution middleware functions will not be able to connection on even the theoretical level, one responsibilities reflect the recognition that over-ride the selection of a third-party must hypothesize a number of circumstances the market will benefit from rapid, middleware product. This is yet another concerning the future economic course of the consensual resolution of issues, more so than respect in which changes in the technology server market. To use the Berkeley School litigation under the Department’s contempt required us to go beyond the relief ‘‘econo-phrase,’’ Microsoft’s practices of powers. The dispute resolution process contemplated in Judge Jackson’s order. By embedding secret technology in the Windows complements, but does not supplant, giving middleware developers the means of operating system would have to cause the ordinary methods of enforcement. creating fully competitiveproducts, requiring server market to ‘‘tip’’ in its favor, such that Complainants may bring their inquiries the creating of add/delete functionality that competing servers would no longer provide directly to the Department if they choose. will make it easier for computer a platform threat to the desktop operating The decree also contains a provision under manufacturers and users to replace Microsoft system. which the team may be extended by up to middleware functionality with Further, this issue developed primarily two years in the event that the court finds independently developed middleware, and since the trial—it was barely raised and never serious, systematic violations. Assuming that making it absolutely clear that computer litigated in the proceedings before the district Microsoft will want to get our from under the manufacturers can, in fact, replace Microsoft court. Indeed, the word, ‘‘server’’ never decree’s affirmative obligations and middleware, the decree will do as much as appeared in the complain and was restrictions as soon as possible, the prospect possible to restore the nascent threat to the mentioned only a handful of times in the that it might face an extension of the decree operating system monopoly that browsers findings of fact—in those instances mostly in should deter violations and provide an extra once represented. the context of discussing the browser as a incentive to comply. We opted for this three- The disclosure of communications component in network computing. In fact, part compliance regime, not because of the protocols for servers was another matter the most cogent statement of the server assumption that Microsoft would act in bad entirely. Very clearly this was a by-product theory appears in a series of proposed faith, but rather because of the inherent of the negotiated resolution of the case that findings of fact we submitted that actually complexity of the decree, which seeks to would have been highly contentious and by were not adopted by Judge Jackson. 15 address Microsoft’s interactions with firms no means a certainty had the remedy been Undoubtedly, Microsoft would have argued throughout the computer industry. Under the fully litigated. In recent years, Microsoft has strenuously in the remedy proceeding that circumstances, ongoing supervision backed moved aggressively into the network server server issues had never been litigated in the up by tough penalties was in order. market, competing with firms, such as IBM, case and provided no basis for relief. Reaction to the Settlement. In our view, the Novell, and other. Servers tend to Notwithstanding any difficulties the proposed decree fully remedies the violations communicate through fairly standard government might have faced in pursuing upheld in the court of appeals decision. No communications protocols. Nonetheless, all server relief in the remedies proceeding, the conceivable remedy could guarantee that server manufacturers have implemented their potential competitive consequences in this middleware products will emerge as a own proprietary communications area are substantial. If it is true, as many palpable threat to the operating system technologies, working in tandem with the seem to believe, that serverbased applications monopoly. However, the decree, if entered, standard protocols, that each server line might be the next important threat to the creates an environment in which Microsoft employs to differentiate itself from other operating system monopoly, this would be an will have to compete on the merits and will brands ad models in terms of features and area in which it is important to stretch for be prevented from using anticompetitive performance. In network computing, these relief, whether or not the issue was fully means to impede the emergence of competing proprietary technologies are implemented fleshed-out in the liability phase of the case. middleware products. In the short term, through software code residing at both ends The proposed decree, therefore, requires computer manufacturers will be able to offer of the communications link, i.e., on the Microsoft to disclose communications consumers choices with respect to popular desktop operating system or ‘‘client’’ and on protocols embedded in the operating system, middleware programs free of interference the server itself. Anyone who has ever but preserves for the company the ability to from Microsoft. To the extent that the decree worked in a network computing environment deploy proprietarycommunications prevents Microsoft from unduly influencing it familiar with the process of the network technology provided separately. Though this the natural propagation of middleware administrator loading new software in the does not fully negate Microsoft’s inherent technologies, it will have accomplished an form of annoying updates, downloads and advantages as the designer of the operating important purpose, whether or nor any overnight system changes. While other server system, it requires Microsoft to compete as particular middleware product ultimately manufacturers must load all of their client other server manufacturers do by separately grows into a meaningful threat to the software independently, Microsoft ships providing client-side communications operating system. Not surprisingly, the some of its client-server interoperability technology. Enforcement. It has been settlement has its critics. Some of the technology on Windows itself. suggested that no ‘‘conduct’’ remedy could be criticism, however, heartfelt and passionate, Competing server manufacturers complain effective because Microsoft is a defiant can be dismissed as failing to reflect a real that Microsoft has an inherent advantage in company that cannot be trusted to comply appreciation for the underlying law. server competition in that it has a superior with an antitrust decree. Our practice with Generalized claims that Microsoft’s knowledge of the operating system and regard to enforcement, however, is never operating system monopoly should have possesses the ability to embed within the influenced by the extent to which we ‘‘trust’’ been taken away as ‘‘punishment,’’ or that operating system secret technology that gives a defendant. Rather, the decree must stand on the government should have obtained its servers more features and better its own as an enforcement vehicle. monetary relief, will not be seriously debated performance than servers offered by other. Thesettlement in this case contains some of in antitrust circles. The remaining critics Although these claims have never been fully the most stringent enforcement provisions tend to fall into two categories. The loudest discovered or litigated, it seems intuitively ever contained in any modern consent and most vocal critics, understandably, are correct that Microsoft would behave in this decree. In addition to the ordinary Microsoft’s competitors—some of which
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hoped the case would bring about a rule of antitrust law that outlaws Microsoft’s careful antitrust scrutiny. That said, the wholesale emasculation of Microsoft, while integration of new functions or products into rulings in this case provided no basis for providing their own companies specific the operating system. We had to accept that attempted monopolization or monopoly strategic, technological, and financial we had lost on that issue in the context of leveraging remedies that would proscribe advantages. A second group, which again four separate claims; the contempt Microsoft actions that do not have the includes competitors, raises questions as to proceeding under the 1995 decree, and in the purpose and effect of protecting the operating whether a remedy of this scope and monopoly leveraging, tying, and attempted system monopoly. Once again, with the complexity reasonably can be expected to monopolization claims of this case. Given the monopoly maintenance claim as the only correct the unlawful conduct in which manner in which the courts have treated this surviving basis for relief, the remedy has to Microsoft has been found to have engaged. issue,it is surprising that there has been any focus on middleware or middleware-type Questions of that nature are entirely suggestion that the settlement is deficient treats to the operating system, nor the appropriate and we hope will be raised and because it does not restrict bundling. prospect that Microsoft might come to addressed in the Tunney Act process. Equally surprising is the public criticism dominate other markets.It has been reported The Microsoft case is unique in the level that the proposed decree should have that critics also claim that the proposed at which competitors have sought to assist in required Microsoft to sell a la carte versions decree is riddled with andinfluence the government’s liability and of Windows with the middle ware priced ‘‘loopholes,’’particularly with respect to remedial determinations. From the very separately. As an initial matter,this would carve-outs from the exclusive dealing and outset of thelitigation, virtually every have been a remedy most appropriate for the non-retaliation provisions.Those carve-outs, significant player in the computer industry, tying claim, rather than for monopoly which are stated in phraseology borrowed directly or through coalitions, hired a team maintenance. Even more fundamentally, from well-established Supreme Court joint of antitrust lawyers (and sometimes where is the consumer benefit in this relief venture law, afford Microsoft a limited ability lobbyists) to advance their views ofthe case. proposal?Computer manufacturer tout the to engage in collaborative conduct that would Support from competitors was extremely fact that their products include the Windows be plainly lawful under the established helpful to us during the liability phase, in operating system,and consumers reasonably precedents. We can understand why some thatit gave the government ready access to expect that a Windows operating system will would prefer that Microsoft be prevented discovery materials, technical expertise and include the Windows features. The proposed from engaging in any collaborative conduct. otherassistance. This support also was decree provides the computer manufacturer Among other things, such relief would helpful in conceptualizing the remedy and the option of featuring alternative constrain Microsoft in its ability to more into testing the likely competitive effects of middleware products, which consumers new technologies,products, and markets, various remedial approaches. might accept or reject as they see fit. We saw isolating the company into a world of Nonetheless, the government still had to no public benefit in depriving consumers of internal product development. But we never make judgments based upon its own that choice. alleged that all of the scores of types of assessment of the marketplace, rather than Similar issues have been raised with regard agreements into which Microsoft routinely solely or even predominantly from the to the commingling of code. At trial, the enters contributed to illegal maintenance of perspective of competitors. Onceliability had government challenged Microsoft’s actions to the operating system monopoly. Indeed, been established, a sense of entitlement set prevent removal of its browser—in particular, many developers actually benefit from their in among some firms that had rendered eliminating the browser from the list of collaborations with Microsoft and the assistance. Firms in the industry became very programs that could be removed by the prospect that their products might be aggressive in pressing for all manner of computer manufacturer or end user with the commercialized through, or with, Microsoft. relief,whether or not it had anything to do add/remove function, and making it Consumers benefit to the extent that such with the antitrust liability that had been impossible to remove the Microsoft browser collaborations bring such new products and established.16 The Specter of the Microsoft without removing related operating system services to the market. A flat prohibition operating system monopoly overhangs every code and thereby losing necessary operating would have prevented such collaborations level of the information technology industry system function. Our proposed decree without regard to their potential and very clearly imposes serious challenges addresses both issues by requiring that procompetitive benefits. It might also have upon firms seeking to compete in adjacent Microsoft redesign windows to include an prevented Microsoft, for example, from markets. One can easily hypothesize any effective add/remove function for all offering a promotional allowance in number of governmental actions constraining Microsoft middleware products and to permit connection with a new product to one Microsoft or bestowing advantages upon its competing middleware to take on a default developer unless it provided the allowance to rivals that might be said to ‘‘level the playing status that will override middleware all. Requiring Microsoft to provide those field’’ upon which Microsoft must compete functions Microsoft has integrated into the allowances to firms that did not even sell the with other firms. The Antitrust operating system. In tandem, these product would have been nonsensical. For Division,however, has no mandate to provisions provide an unimpeded choice to these reasons, an absolute ban on ‘‘regulate’’ competition divorced from select an alternative middleware product. We collaborative activity would have been remedying specific antitrust violations. Thus, have never read the court of appeals decision overkill under the circumstances of this case. from a law enforcement perspective, the with regard to commingling to be an attempt Many competitors and others in the relief had to be tailored to proven violations; by the court to articulate an affirmative rule industry strongly favored a remedy that it could not be a laundry list of unrelated of software design under which all required Microsoft to disclose its source code requirements competitors might find commingling would have been in its entirety. There is within the computer useful.In this regards, it is useful to consider prohibited.This aspect of the court’s opinion science community,particularly among some of the principal concerns expressed very clearly addressed the subject of devotees of other platforms, a generalized publicly by competitors and others, in light consumer choice, which has been fully notion that Microsoft unfairly foists inferior of both the court of appeals decision and the addressed in the proposed decree. Those software upon the public by maintaining the proposed decree.Probably the single most seeking a broad ban on commingling appear protected proprietary quality of its operating widely, publicly expressed criticism relates to be seeking to reduce consumer choice, not system. Proponents of that view believe that to the questions of product bundling and increase it. innovation would accelerate, and Microsoft commingling of software code. Firms in Public critics also express concern that the itself would be forced to compete on the adjacent markets very clearly wanted the proposed decree does not address Microsoft’s merits, if Windows could be transformed into decree to restrict, if not prohibit, Microsoft incursions into new markets and services, an open source code platform.17 from competing outside of the operating such as e-commerce, Internet services, or
system market. That is one of the reasons that content.They contend that, left unabated, 17 the structural remedy was so popular among Microsoft will unfairly gain control over For ??, in a recent Washington Post article, Sun Microsystems is reported to have argued that all of competitors.Rules prohibiting Microsoft from those markets from its base in operating Microsoft’s formats and all of its communications integrating products into the operating systems. Given Microsoft’s market power in protocols should be ‘‘turned into open, published system would benefit competitors. The court operating systems, its movement into standards,’’ U.S. Settlement Leaves Microsoft of appeals, however, refused to establish a adjacent markets will almost always merit More??, WASH.Post. Nov. 9, 2001, at E1.
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While competitor demands for access to competition, not competitors. We believe that formed by parties and candidates in the last source code are often stated in terms of the relief we have negotiated fully addresses election, was structured to avoid rules that interoperability,there is no question that such the legitimate public goals of prohibiting limit individual contributions to $20,000and access would benefit competitors in other Microsoft’s unlawful conduct and restoring bar corporate donations. ways, as well. Access to the source code competition. The Enron probe will be overseen by would provide competitors free access to EXHIBIT 13 Deputy Attorney General Larry Thompson Microsoft’s programming approaches and TO THE COMMENTS OF RELPROMAX and the Justice Department’s criminal innovations, allowing firms to imitate, copy, ANTITURST INC., THE WASHINGTON division chief, Michael Chertoff, officials or clone products and services Microsoft POST said. offers.The proposed decree assures Enron Executives contributed to Ashcroft disclosure without providing an easy way for Campaigns MTC–00030632 competitors or even hackers to By Dan EGGEN Sent By: zambeel; 510 9790314; Dec-19–01 misappropriate intellectual property and Washington Post Staff Writer 10:36AM; Page l/l Peter van der Linden 185 trade secrets for themselves. To the extent One week before John D. Ashcroft suffered West Portola Avenue, Los Altos, CA 94022 that the secure facility provided in Judge he biggest defeat of his political career, a Dec 19, 2001 Dear Madam, Jackson’s order was to ensure adequate $25,000donation arrived at the Ashcroft I have worked in the computer industry for disclosure and documentation under the Victory Committee, one of the Missouri 25 years, and I have seen first hand the decree, we elected the effective but less senator’s fundraising committees for the 2000 adverse effects on the industry and intrusive approach of providing the race. consumers of Microsoft’s monopoly on compliance team, a group of computer The donor was Kenneth L. Lay, head of a desktop operating systems. For example, for science experts, with access to the source rapidly growing Houston energy company at least six years, it has not been possible to code. If a developer believes that there has called EnronCorp., whose executives get venture capital funding for any been a failure of the disclosure regime, the contributed more than $50,000 to Ashcroft’s technoloqy ideas in areas that Microsoft compliance team will be able to determine Senate campaign in 1999and 2000. considers its own ‘‘turf’’. Microsoft meets quickly whether Microsoft has met its The contributions prompted Ashcroft to regularly with venture capital companies to obligations under the decree. If it has failed, recuse himself yesterday from a criminal tell them areas that it considers it ‘‘owns’’. it may either cure the problem or risk investigation into Enron’s collapse by the Microsoft has been found guilty of serious contempt sanctions. There being no basis Justice Department, which he heads s antitrust violations stretchinq over several under the court of appeals decision to order attorney general.Ashcroft’s decision was years, and the finding has been upheld by a Microsoft to disclose its intellectual property based on ‘‘the totality of the circumstances of Federal appeals court. The proposed to undermine the operating system the relationship between Enron and the settlement does nothing to remove monopoly, it would have been a significant attorney general,’’ and Ashcroft ‘‘has not Microsoft’s ‘‘ill-gotten gains’’. It does nothing stretch to require open access simply to been involved in any aspect of initiating or to redress competitors like Netscape, Sun police a restorative provision. Our proposed conducting any investigation involving Microsystems, Apple Computer, and Intel decree provides an effective mechanism for Enron,’’ the Justice Department said in a who were hurt by Microsoft. The settlement developers to receive source code assistance, statement.Chief of Staff David Ayres, who ran does practically nothing to prevent future consistent with our remedial goals, without Ashcroft’s failed reelection bid, also will abuses by Microsoft, such as their recent the danger of misappropriation of Microsoft’s divorce himself from the Enron probe, attempt to lock out the competitive Opera intellectual property. officials said. In Houston, U.S. Attorney browser from its web site. With regard to compulsory licensing to Michael Shelby said his entire office has Any remedy must as a starting point do the computer manufacturers, again, the court of removed itself from any matter involving following: appeals ruling is a constraining factor. Judge Enron because he and other prosecutors have 1. Ship the Java language from Sun with Jackson ordered this disclosure upon the relatives affected by the company’s collapse. every Microsoft desktop OS. assumption that the tying and attempted The Justice Department had named Houston 2. Make public the specifications of the monopolization decisions had been on Wednesday as one of three U.S. attorney’s present and future file formats of all sustained, providing a basis for separating offices that would participate in the Microsoft products. middleware products from the operating investigation.Ashcroft and his aides have 3. Make public, and subject to IETF system. Those findings, of course, were determined that no other top Justice officials approval, all Microsoft network protocols. reversed by the court of appeals, calling into in Washington,including several who have IETF is an independent public interest question whether computer manufacturers played prominent roles in Republican network industry technical body. could lawfully reconfigure Windows by politics, had direct involvement with Enron, As Microsoft has said, the national interest stripping out Microsoft middleware products officials said. is involved here. That interest demands that in their entirety.Moreover, one would have to Deputy Chief of Staff David Israelite and a single company within a critical industry question the practicality of having computer new Communications Director Barbara not be allowed to dominate and restrict manufacturers redesigning Windows for their Comstock came to Justice after working at the available products by continuing to abuse its own purposes. As it is, the proposed decree Republican National Committee, which monopoly. provides the computer manufacturer received more than$700,000 from Enron and Yours faithfully, considerable control over the Windows its executives in 1999 and 2000, records Peter van der Linden desktop at initial boot-up and show. To: Renata Hesse, Trial Attorney, Suite 1200, beyond.Requiring Microsoft to design ‘‘It was determined that all the people Antitrust Division, Department of effective add/delete and default functions [from] RNC, including David and Barbara, Justice, 601 D Street NW, Washington, into new versions of windows would seem had no involvement with Enron,’’ an official DC 20530; (by fax 202–616–9937) far superior to inviting computer said. manufacturers to create do-it-yourself The Ashcroft campaign received $57,499 in MTC–00030633 versions. Last, a compulsory licensing regime 1999 and 2000 from Enron and its Dec 17 01 03:04p Richard S. Vann 336–722– would have raised many of the same security executives,according to records compiled by 2895 p.1 Rhoades Contracting, Inc Fax concerns as the secure facility. the Center for Responsive Politics, a Cover Sheet In sum, it is understandable why campaign finance watchdog group. To: Renata Hesse competitors would want Microsoft to Rep. Henry A. Waxman (DCalif.), in a letter Trial Attorney unbundle its integrated products, refrain to Ashcroft yesterday, complained that Antitrust Division from all collaborative activity, and widely Lay’s$25,000 gift ‘‘was many times greater Department of Justice disseminate its proprietary intellectual than the maximum allowable contribution by From: Dewitt Rhoades property. Those requirements, however, are individuals to federal candidates’’ and said Rhoades Contracting largely beyond the scope of the court of the gift may have ‘‘thwarted the intent of Subject: Microsoft Settlement appeals decision or otherwise do not advance election laws.’’The Ashcroft Victory Dec 17 01 03:04p Richard S. Vann 336– public goals. The antitrust laws protect Committee, like many similar committee 722–2895 p.2 From the Desk of Dewitt
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Rhoades Renata Hesse Trial Attorney This generosity to Microsoft is ludicrous. It DECEMBER 17,2001 FAX TO: UNITED Antitrust Divisions Department of Justice 601 would be much more just were Microsoft to STATES ASSISTANT ATTORNEY D Street NW, Suite 1200 Washington, DC be required to establish an enormous trust GENERAL CHARLES JAMES 20530 fund from which schools could draw funds 202 307–1454 202 616–9937 202–616–2645 Dear Ms. Hesse, to purchase hardware, services, and software FAX FROM: NATHANNA GODFREE P.0. I am writing today to urge Judge Kollar of their own choosing. Further, allowing BOX 2584 MISSION VIEJO, CALIFORNIA Kotelly to approve the settlement, which has Microsoft to ‘‘give’’ in-kind contributions of 92690 been struck between the U.S. Department of their own software allows Microsoft to DEAR ASSISTANT ATTORNEY GENERAL Justice and Microsoft in their anti-trust case. arbitrarily determine the ‘‘value’’ of what JAMES I am pleased that the attorney general of my they give out undoubtedly at a factor of many I AM (E PLURIBUS UNUM) OF MR. & home state of North Carolina has signed the times their actual expense, so that the MRS. UNITED STATES OF AMERlCA AND settlement agreement and will subject the ‘‘value’’ of the settlement can be inflated for AS SUCH I AM PERSUADED THAT WE THE taxpayers of our state to no further pain. I am public relations purposes. PEOPLE BY THESE TRUTHS WHICH ARE hoping that the judge will do the same on the At this time there are many more cost- SELF EVIDENT THAT OUR UNITED national level. effective (and democratic) possibilities for STATES FEDERAL GOVERNMENT IS OF As a member of the board of trustees of software in academic settings. Linux and the THE PEOPLE, FOR THE PEOPLE, BY THE Forsythia Technical Community College for BSDs are better operating systems, created in PEOPLE. 17 years, I am familiar with legal cases a collaborative manner that is more in tune OUR UNITED STATES DEPARTMENT OF involving government entities and the private with ideal academic and democratic JUSTICE AND ALL OTHER GOVERNMENT individuals or companies, From my principles. The choices presented by these DEPARTMENTS WHO SPEAKS FOR AND experience, it is always best when litigation alternatives are needed to stimulate the ON BEHALF OF ALL THE PEOPLE, is settled and parties may get on with the creativity of the next generation of cyber REPRESENTING ALL UNITED STATES business they do best whether it is scholars and programmers. The manner in PEOPLES AND COUNTRYMEN HAS SPENT government, private companies or which they are developed models the A TREMENDOUS AMOUNT OF DEDICATED educational institutions. Even though my community-minded creativity we want from TIME, ENERGY AND MONEY—TAXPAYER experience with the federal government is young citizens. Should we really just MONEY REPRESENTING US ALL TO ( THE limited to serving on the National Advisory surrender to the Microsoft monopoly? More LETTER OF THE LAW) HAS ALREADY of the Small Business Administration, I am may be at stake here than just ‘‘where do you RESOLVED AND SETTLED THE convinced it is in the best interest of all want to go today!’’ MICROSOFT CORPORATION ANTlTRUST concerned on the federal level when parties In the long struggle between the CASE. settled. That is because litigation in federal Department of Justice (representing the ANY AND ALL OTHER ADDITIONAL courts, particularly when the federal American people!) and Microsoft, Microsoft PENALTIES ARE PURELY POLIITICAL government is involved, tends to go on has relied on the rapid nature of change in BUREAUCRACY, PERSONAL AND DRIVEN endlessly, sometimes for years. That is technology to outrun their responsibility for BY CORPORATE PERSONAL ENDEAVOURS definitely in no one’s best interest. AND OPINIONS. OUR UNITED STATES I know that in any settlement that both abuse of their monopoly power, employing FEDERAL GOVERNMENT SETTLEMENT OF sides get a bit of what they want and some delaying tactics and legal shenanigans THE MICROSOFT ANTITRUST CASE IS ( of what they do not want. That is why from coupled with well-funded misinformation. NOT) A ‘‘CONFUSINGLY VAGUE, SUBJECT what I have read that this settlement is fair Many superior software products have been TO MANIPULATION OR BOTH’’ AS both to Microsoft and to the U.S. Department destroyed, sometimes even in very subtle CHAIRMAN SENATOR PATRICK LEAHY of Justice as well as to the attorneys general ways such as by changing underlying code in PERSONALLY OPINIONATED IN THE USA who signed it. It is unfortunate that certain ways that causes the competitor’s programs TODAY NEWSPAPER THURSDAY of Microsoft’s competitors continue in the to crash or suffer display problems. Two of DECEMBER 13,200l ON PAGE 2B. HIS media to be critical of this settlement. Their my favorites, Netscape, and Word Perfect are WORDS IN ESSENCE PUTS IN QUESTION purpose, I believe, is to gain through superior software that is now headed for government fiat what they have not been able oblivion. (Although ironically Netscape may THE STATE OF MIND, to achieve in the marketplace. Please do not rise from the dead in the free Mozilla DEC-17–01 14:36 FROM:KINKOS be misled by such attempted misdirection. project!) Quicken, Palm and Java are on MS’s LACUNA NIGUEL ID:9493621957 PAGE 2/2 Thank you for your kind consideration of hit list. MS seeks as well to leverage their OS THE INTEGRITY, PROFESSIONALISM AND my remarks. monopoly to control the internet through CHARACTER OF YOU OUR GOVERNMENT Sincerely, such devices as NET and C#. And now that OFFICIALS. CONTINUE: DECEMBER 17,200I ss MS has determined open source to be a threat FAX TO: UNITED STATES DEPARTMENT Dewitt Rhoades one encounters in the press almost daily OF JUSTICE ASSISTANT ATTORNEY 4587 Old Winston Road, Kemersville, NC misinformation concerning open source GENERAL FOR ANTITRUST CHARLES 27284 alternatives to MS. JAMES 202 307–1454 202 616–9937 It is time to call Microsoft to be CONTINUE FROM PAGE 1: MTC–00030634 responsible, not through corporate welfare by IF ANYONE SHOULD TAKE HIS WORDS From: Prigan by arrangement way of giving them assistance in taking over FOR TRUTH THEY WOULD ALSO To: Trial Attorney, Renata Hesse the schools market; but through going back QUESTION: IF THE SETTLEMENT IS Date: 12/17/01 Time: 2:04:56 PM Page 1 of to the good fight to achieve a fair judgement INDEED CONFUSINGLY VAGUE, SUBJECT 1 5649 Great Woods Blvd. Columbus, OH or settlement that will help our nation, and TO MANIPULATION OR BOTH, IT WOULD 43231–3173 Tel-D 523–2120 not just reward Microsoft’s arrogance at the STAND TO REASON THE GOVERNMENT IS [email protected] December 17, 2001 expense of the future competitiveness of ALSO CONFUSINGLY VAGUE, SUBJECT TO Renata Hesse, Trial Attorney Suite American technology. It is important to keep MANIPULATION OR BOTH. 1200—Antitrust Division Department of in minds that Microsoft has actually invented ALL UNITED STATES FEDERAL Justice 601 D Street NW Washington, DC very little, dating back to their fist DOS. They GOVERNMENT EMPLOYEES PERSONNEL 20530 RE: NO!!! to Microsoft Settlement have generally squeezed out and overtaken ARE DEDICATED PROFESSIONALS FROM Proposal the competition. A corporation employing THE LEAST TO THE GREATEST, FROM I am writing to strenuously oppose the these kinds of tactics is definitely not who THE SUPREME COURT TO THE JANITORS. proposed settlement with the Microsoft we want to be in charge of our nation’s IT IS WITH THIS CONFIDENCE THAT OUR Corporation. I think that it is extremely agenda for computing innovation. UNITED STATES GOVERNMENT, ELECTED unwise, after a judgement that Microsoft has Sincerely, OFFICIALS, DULY SWORN WARDS OF indeed abused its monopoly power, to then Rev. R. Scott Prigan OUR COURTS AND JUDICIAL SYSTEM turn around and reward Microsoft by giving THEY WILL ON BEHALF OF THE PEOPLE them a way out of responsibility which MTC–00030635 FOR THE PEOPLE AND BY THE PEOPLE, furthers their penetration of the academic DEC-17–01 14:36 FROM:KINKOS LET THE MICROSOFT ANTITRUST market. LACUNA NIGUEL ID:9493621957 PAGE l/2 SETTLEMENT STAND ( AS IS ) WHAT IS
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ALREADY RESOLVED AND SETTLED. several major manufacturers to drive (telephone) 202–307–1545 PLEASE REMEMBER THIS CASE IS windows media from DVD disks and regular (email) [email protected] ALREADY PAID FOR BY THE TAXPAYERS compact discs. This move alone needs to Dear Ms. Hesse. AND THOSE NINE OTHER STATES looked at closely especially from an anti-trust As a professional in the computer industry, TAXPAYERS ARE PAYING TWICE ( FOR point of view. I can’t see how this will who began writing code for Internet WHO’S BENEFIT ? ) benefit a consumer at all, as current DVD applications in 1984, and the founder and THANK YOU, players already play regular CDs and DVDs Chief Scientist of an Internet Security Service NATHANNA GODFREE legally. Windows media on a DVD player can company, I have followed the Microsoft case NG only be another way that Microsoft makes very closely over the last several years. inroads to the home. We have computers Microsoft’s antics during the original anti- MTC–00030636 which are run by Microsoft, now a Gaming trust trial were comical to those of us who DEC–14–2001 14:48 console from Microsoft (Xbox), a Digital understand the truth behind their technology CHASE IT DEPT 216 479 2573 P.01 FAX Video Recorder (Ultimate TV), and now they and competition claims, But I was TRANSMITTAL SHEET TO FAX will be invading DVD players, too? encouraged by the government’s ability to NUMBER: I would ask you to consider these facts. sort through the majority of these games and, 202–616–9937 Windows Media is behind in use compared to prevail in the original judgment. TO: Renata Hesse, Trial Attorney to the MP3 standard, which is an open But I have been quite upset by the current PHONE NUMBER: standard that supports Fair Use. If Microsoft governments seeming lack of interest in LOCATION: Antitrust Division, Dept. of were able to allow their Windows Media into imposing any meaningful remedies in this Justice home DVD players, most companies may not case. The proposed settlement leaves REMARKS: Please consider this Public choose to include MP3 support in the future loopholes big enough for even the most comment on the US vs. Microsoft Anti- in favor of the Windows Media. The reason amateurish company to drive a truck trust case. for that is that Windows XP now only through, and we all know that Microsoft is FROM: Cvetan Pavloski encodes windows media at the highest far from an amateur when it comes to FAX NUMBER: 216–479–2573 quality. MP3 recording in Windows XP only exploiting these sorts of situations. DATE: 12/14/01 records at half the quality needed for good Microsoft’s proposal to quell the class- PHONE NUMBER: 216–479–2500 x5016 recordings. Once again Microsoft is action lawsuits by donating hardware and TOTAL NUMBER OF PAGES 3 leveraging their position in the market to get software to schools makes me shudder. INCLUDING THIS PAGE. IF YOU DO NOT people to switch to their supported Education is one of the last arenas where RECEIVE ALL OF THE PAGES, PLEASE technology. People didn’t choose Microsoft Microsoft’s monopoly is less secure. CALL BACK AS SOON AS POSSIBLE AT Internet Explorer over Netscape because it Providing Microsoft software to these schools THE ABOVE LISTED NUMBER. was better; they chose it because Microsoft will, in effect, lock them into this platform. THANK YOU. DEC-14–2001 14:48 CHASE made it convenient. That is not a bad thing California Attorney General Bill Lockyer was IT DEPT 216 479 2573 P.02 for a consumer, but now businesses need to right when he said ‘‘It’s a little like Big I’ve been reading some rather disturbing buy Microsoft’s server software to take full Tobacco being found guilty of selling articles centered on the great US vs. advantage of Internet Explorer. Now the cigarettes to minors, and the remedy is for Microsoft debate. While I agree with the average consumer will think that Windows them to agree to give them free cigarettes.’’ decision of overturning their breakup, I do Media is better than MP3 because of the way The proposed settlement is very weak, and believe that stiffer penalties than the current that Microsoft cripples the format in will do little to reduce the control that settlement need to be considered. As much Windows XP. This is unfair and dirty Microsoft holds over this industry. I join as a necessity to today’s economy as politics. This fact would cause manufacturers Matthew Szulik, the CEO of RedHat, Inc., in Microsoft is, I believe they are a threat to to choose the proprietary Windows Media for my astonishment that a firm with a 96% many of the values that we as American’s DVD players instead of MP3, the fair and market share, who has a terrifying track stand for. open standard, A move that would cause record for destroying competitors, and whose Part of being an American is the freedom Microsoft to have more control of another guilt has already been established is being to choose. With Microsoft in control of the piece of hardware in your living room. A offered the improved terms of this proposed software there is no freedom to choose what motive that they have stated publicly for settlement. operates your computer anymore (at least on some time now. They want control over your I believe that any settlement that hopes to the PC side). Microsoft has gained some of entire home, from the TV to the microwave. remedy the issue before us must at minimum: this monopoly through some innovation, but It is in Microsoft’s best interest to do this, 1. Provide a guarantee that all Microsoft has gained far more through things that the as that is what they want, and of course they networking and client/server protocols be general public never sees. Its new operating make more money from their licensing published in a full and complete manner, system represents a great step toward the schemes. Please don’t let Microsoft get away and verified by an independent third party, future of computing, but also harbors many with something like this. The penalties need and further, be provided to the public at the unseen pieces that force customers to register to occur now in order to stop them from time it is provided to their own internal their computer configurations with going so far out of control that we may never programmers and application developers. Microsoft, and apply for a ‘‘passport’’ be able to reign them in. 2. Microsoft should not be able to offer (Microsoft’s idea for a one login for Thank you, incentives or threaten punishment to everything system). The storing of computer Cvetan Pavloski computer manufacturers or resellers that configurations is used for Microsoft’s new 5686 Broadview Rd. #2617 results in Microsoft software being included product activation feature. While it will curb Parma, OH 44134 by default in all system purchases, In the piracy, it doesn’t seem like Microsoft past, I have purchased equipment that was explored all of the options for curbing said MTC–00030637 bundled with MS software—a request to piracy. Intel made similar claims with its 12/14/01 FRI 00:57 FAX 3103016032 unbundled the software resulted in processor serial number they release in early BIGFISH 001 absolutely no price difference, or at most a Pentium III chips, but the general public Thomas A. Johnson few dollars. This must stop to encourage rebuked Intel and what was perceived as a 8336 Westlawn Avenue competition. 12/14/01 FRI 00:58 FAX way to track average individuals. I could go Los Angeles, CA 90045 3103016032 BIGFISH December 14.2001 on for a long time about the things that December 14, 200l 3. All Microsoft document file formats Microsoft does to keep it’s position as a Renata Hesse Trial Attorney (present and future) must be public and monopoly, but that’s not the main reason I’m Suite 1200 complete, to allow other operating systems writing. Antitrust Division and software to read and write files in these A recent development stems from an Department of Justice formats. article I read yesterday on www.news.com. It 601 D Street NW 4. Microsoft must not the party that is involves Microsoft having its Windows Washington, DC 20530 allowed to determine what software is part of Media Technology put into the chips of (facsimile) 202–616–9937 the Windows operating system.
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5. Microsoft must provide all information First of all, it is my believe that there has it puts mild restrictions on Microsoft’s and specifications, not just to commercial never been any consumer harm by any action behavior, with plenty of loopholes to allow entities, but to the public at large, to enable taken by Microsoft and that so many of that Microsoft to escape the few provisions—like the creation of compatible or competitive company’s innovations have led to big revealing Windows Application Program software and systems by open-source benefits both to users at home and in Interfaces (API’s) to competitors—that could proponents, and non-profit corporations or businesses. During the prosecution of the make some difference. This is especially organizations, as well as individual case, it was very clear that Microsoft’s egregious because the biggest threat facing programmers working on their own. For competitors played a major hand in trying to Microsoft comes from open-source and free example, the requirement that to qualify as work against Microsoft’s position with software, and Microsoft has been allowed to a middleware product under the terms of the members of Congress, the media and tried to negotiate a remedy that defines its settlement, the competitor must have move the verdict against Microsoft. That competitors in terms of sales revenue—thus distributed at least 1 million copies of the battle actually cost taxpayers $30 million allowing it to escape disclosing Windows software in the previous year. This allows which is far too much. Because the economy API’s to the real competitors who have the Microsoft to annihilate start-up companies is in the shape it is in, the last thing that we best chance of providing alternatives to and individual developers at will. need is more litigation, expensive court fights Microsoft’s monopoly. Basically, it seems to 6. The settlements provision that Microsoft and endless funds wasted on attorneys. Both me that the overwhelming majority of need not ‘‘disclose or license to third parties: the industry and the government attorneys companies that could meet this remedy’s (a) portions of APIs or Documentation or need to focus on other matters, in my definition of a competitor are Microsoft’s portions or layers of Communications opinion. As chairman of the Republican corporate partners! Protocols the disclosure of which would Party of Forsyth County, the fourth largest in Since Microsoft has been found guilty of compromise the security of anti-piracy, anti- the state, I tend to hold those views strongly. illegally maintaining its monopoly in the virus, software licensing, digital rights As I view the elements of the settlement, market for computer operating systems, a management, encryption or authentication I believe it to be fair to both side with verdict reaffirmed on appeal, I believe that systems, including without limitation, keys, Microsoft guaranteeing certain provisions now is the time to go forth cautiously, authorization tokens or enforcement and the government getting enforcement carefully crafting a remedy with the overt criteria’’, provides them with another one of provisions never before seen in an anti-trust goal of restoring consumer choice, those truck-sized loopholes. settlement. I hope that Judge Kollar Kotelly The lynchpin of Microsoft’s operating It is well known and accepted in the approves this settlement. system dominance is the link between academic and open-source world that peer William P. Miller Microsoft Office and Windows. New personal review of code and protocols results in more President computers come preloaded with Windows, secure systems. This is a blatant attempt by 5640 Clinedale Court, Pfafftown, NC 27040 and Office is usually included ‘‘free’’ or for Microsoft to create a loophole that will allow a small, fee. I was formerly the network them to stifle competition. MTC–00030639 administrator at my company, and I have 7. The definition that an ISV is ‘‘is engaged To: seen first-hand the deleterious effect of this in the development or marketing of software From: situation. products designed to run on a Windows Subject: Microsoft Office programs use proprietary Operating System Product’’ allows Microsoft Date: file formats that change with each new to deny rights to those of us who develop Pages: version of Office, I believe Microsoft makes systems for other operating systems such as Renata B. Hesse changes to these formats for three reasons: To Linux, which require access to the APls and Antitrust Division add new features; to frustrate competition by code that should be made public. U.S. Department of Justice preventing competitors’’ efforts to develop In summary, I have to believe that a 601 D Street NW up-to-date ‘‘import filters’’ that will allow settlement that is truly good for the industry Suite 1200 their software interpret Office files and thus and good for America would place a real Washington, DC 20530–0001 exchange data gracefully with users of remedy above expediency. Sincerely, Fax: 202–307–1545 Microsoft Office; and to make it difficult for Thomas A. Johnson Charles Jenkins an individual company to standardize on an 112 Nasson LN older version of Office which cannot read MTC–00030638 Oak Ridge, TN 37830 new versions of the files. This wouldn’t be Dec 14 1 04:09p Richard S. Vann 336–722– Fax; 865–675–1241 such a problem, except that businesses 2895 P. 1 Comments on the Remedy Phase of the automatically become ‘‘infected’’ with new OEM Sales Corporation Microsoft Antitrust Trial versions of Office as computers are upgraded. 336–924–0090 December 14, 2001 A Corporate Information Systems (IS) Fax Cover Sheet I’m submitting this letter to you for department simply must to learn to support To: Renata Hesse inclusion in the public comments, as new versions of Office, because there is no Trial Attorney provided for by the Tunney Act, on the way to keep them out. Antitrust Division proposed settlement of the United States of Microsoft Office takes over, because Department of Justice America vs. Microsoft, I sent a copy of these companies are faced with the choice of Washington, DC comments via postal mail before I learned getting Office ‘‘free’’ or paying for competing Fax No: 202–616–9937 that fax or email comments are preferred; I’m products. Even if competing products are From: William Miller, Owner now sending this copy via fax in order to extremely low-cost or free themselves, IS has OEM Sales Corporation comply with the request that appeared in the to support Office because they can’t keep it Dec 14, 01 04:lOp Richard S. Vann Federal Register. I have also corrected some out of the door. In this environment, how can 336–722–2895 P–2 omissions, so if you would, please accept this a company justify spending money OEM Sales Corporation version of my letter instead of the one sent supporting and retraining for a second office Renata Hesse through the Postal Service. suite to be used in parallel? In the end, only Trial Attorney The point of illegal, monopolistic behavior companies with anti-Microsoft zealots in Antitrust Divisions is to frustrate consumer choice. Competitors powerful positions can avoid becoming Department of Justice suffer as a side-effect. I believe that the goal dependent upon Office, and therefore upon 601 D Street NW, Suite 1200 of an antitrust remedy should be to restore Widows. Washington, DC 20530 consumer choice. If the settlement focuses on Restoring Choice Dear Ms. Hesse, punishing Microsoft or giving some kind of Microsoft Office and Windows are linked As a small businessman many of whose boost to its competitors, the long-term effect in two ways: By technical links and by clients are in the business of making will be negligible and the anti-competitive artificial links. computers, I want to commend to Judge situation will remain. The technical links exist because Office is Kollar Kotelly the settlement which has been The fundamental flaw in the remedy written to run on Windows, This is reached in the Microsoft case. proposed by the Department of Justice is that reasonable and appropriate.
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The artificial links traditionally have serve us better? This will restore competition of Microsoft products should be made public. included discounts, benefits, and even for business software, and also restore That is the short of it. punishments offered to personal computer competition to the operating system market Here is the long of it, although not very manufacturers to encourage them to bundle as well: Companies and individuals who long. It is not uncommon for me to be asked Office on new computers. They also include choose not to use Office are likely to find that by researchers. who do not happen to be things like Microsoft licensing and support they are no longer locked in to Windows, using Microsoft operating systems, to help in agreements that lump operating system either. deciphering e-mail attachments sent to them software and business software together for At the same time, this solution would not from colleagues or institutions using the companies who purchase those put an undue burden on Microsoft, There are Microsoft products. (In fact. amazingly, there agreements. indeed many customers who are happy with have been instances of researchers, who do It is these artificial links that stifle things pretty much the way they are now, use Microsoft operating systems. receiving c- consumer choice and software competition, and who don’t realize how the ordinary mail text attachments and being unable to and therefore, the remedy for Microsoft’s consumer is injured by Microsoft’s read them because they do not have the same illegal behavior should be to sever these monopoly. If they had to pay a retail price Microsoft program that produced them.) Most artificial links as thoroughly and for Office instead of receiving it ‘‘free’’ on often, we end up asking the sender to permanently as possible. new computers, they would choose to do just recreate the attachment in an open format In a nutshell, whether sold separately or that in order to continue using a familiar such as Rich Test Format, for example, for together as Microsoft Office (or by any other product whose shortcomings they’ve learned which there are available readers for non- name), Microsoft’s business software should to accept. This situation is fine; in fact, it is Microsoft computer systems. On the be sold to every end user for the same price, desirable. If it turns out that Windows and networking side, if it were not for the whether purchased in conjunction with a Office can compete well against other existence of the Samba software (http:// computer or not. (And any ‘‘home’’ or platforms in an environment of real www.samba.org). we would have a very hard ‘‘personal’’ version of business software consumer choice, then they deserve all the time sharing our research data among our should be treated the same way.) CompUSA market share they can get. I and a great many Microsoft and non-Microsoft systems. My should pay the same per-copy price; for the others would like to see the result of that fear, as a systems manager of a heterogeneous Microsoft business software that they stock experiment; We would like to exist in an facility, is that Microsoft will use the on their shelves as Dell pays to pre-load it environment with real consumer choice. proposed terms of the settlement to make it on new PC’s, Also, Microsoft should not be In Conclusion impossible for third parties to produce open able to offer/threaten any discount, benefit, On December 12, forgetting that Brer source software that will allow the fluent or punishment to computer sellers in order Rabbit is supposed to say ‘‘please don‘t throw interchange of data between Microsoft and to encourage them to purchase or pre-load me into that briar patch,’’ Microsoft filed a non-Microsoft products. Microsoft business software, Microsoft motion vigorously supporting the remedy In thinking about this issue, I usually should not be allowed to ‘‘integrate’’ business being considered by the court. I know that return to several situations to which almost software into the operating system and sell it the law is a complex matter, and that this anyone could relate. At the moment. I can as one product. case is especially difficult, but I think it is pick up my phone and talk to a person Support and upgrade/licensing agreements a telling point that the defendant company, anywhere in the world, regardless of the for the Microsoft operating system and having been found guilty of illegal acts, now manufactures of the phones and regardless of business software product lines should be loudly and enthusiastically supports a any fancy extensions that either phone may kept entirely separate, with no discounts or remedy that they (Microsoft) are happy with, have. Similarly, I will be able to FAX this incentives for customers who purchase a remedy that they helped to create. note to you without wondering whether the agreements for multiple product lines. These I respectfully ask the court to implement a company that made your facsimile machine restrictions should either be in effect remedy that will go much farther toward has so arranged things that only a FAX permanently, or until a healthy level of restoring consumer choice than does the one machine by the same company can send to competition is achieved in both the business currently under consideration, and I ask that yours. Again, I can make a recording on my and operating systems software markets. the final remedy be written without VHS VCR and not have to concern myself Consumers should not become dependent loopholes that would allow Microsoft to with the VHS system on which it is re- upon Microsoft Office because it comes with escape its provisions-especially in regard to played. Now, one may argue that no the monopoly operating system, and they open-source software systems that need to company would be so foolish as to create a should not be forced to use Microsoft interoperate gracefully with Microsoft phone that only phones of the same Windows because they need it to run the operating systems and business software in manufacturer can call, but, if that phone monopoly office suite. order to become viable alternatives. manufacturer controlled 90% of the phone This will force the Microsoft business Sincerely market, it could well be tempted to do just software applications, whether sold together Charles Jenkins such a thing. or separately, to compete based on price and It is my opinion that what goes on within performance. MTC–00030640 the strict confines of a computer is up to that How will this restore choice? On the face Renata Hesse, Trail Attorney computer’s operating system, but when the of it, these restrictions appear to do no more Suite 1200 produce of that software leaves the computer, than add to the end user’s cost, but the fact Antitrust Division Department of Justice either as e-mail or a data file or a network is, if everyone has to pay the same price for 601 D Street NW transmission, then it has entered the public Office, we are likely to see that price drop Washington, DC U.S.A. 20530 airways, so to speak, and its format should dramatically, as Microsoft will suddenly Anthony J. Kocurko be readable by anyone on that airway. To put have to face real competition. The corporate 23 Burling Crescent it in an almost ridiculously simple form, it Chief Information Officer will have to justify St. John’s. Newfoundland is one thing to write a program that adds two expenditures on Microsoft Office, weighing Canada A 1 E 5H3 numbers, but it is quite another to write such real costs and benefits against competing Officer Phone: 709–737–8898 a program with an interface that requires that software, instead of simply facing the Office FAX : 709–737–2589 the two numbers be supplied to the program inevitability of supporting Office. E-mail : [email protected] in some secret proprietary language. Companies and individuals who purchase Dear Ms. Hesse: Sincerely Yours, computers will no longer receive Office by As a U.S. citizen living in Newfoundland default; if they want it preloaded on a new and employed as a systems manager in a MTC–00030641 PC, it will be an add-on option that costs the research department of a university, I have a To: Renata Hesse same as going down to Wal-Mart and buying keen interest in the Microsoft antitrust case. From: Kevin Walsh Office separately. This gives the consumer To be succinct. I believe that the complete Fax: 202–616–9937 Pages: 1 the option to perform a cost-benefit analysis, details of the formats, including syntax and Phone: If Office is no longer ‘‘free,’’ is it worth what lexical interpretation, of both the data files Date: 12/14/2001 we pay? Are there other products that might and the network communications protocols Re: Mircrosoft Settlement CC:
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I believe that the proposed Microsoft Secondly I would like to voice my Gateway Online settlement is a travesty of justice. The objections, to the proposed settlement offer. settlement does not address any of the This offer is a basically a capitulation to MTC–00030643 pertinent issues such as: The specifications Microsoft. There is no effective barrier in the Sent By: TRACEANALYSIS; of Microsoft’s present and future document agreement to Microsoft continuing their 14 Dec’Ol 12:46; Job 628;Page 1/2 file formats Microsoft’s networking protocols current practices. Let me explain. Trace Analysis, Inc. Microsoft’s operating system monopoly Microsoft argues that they must be allowed 6701 Aberdeen Avenue, Suite H Lubbock, I propose that at least the following to continue to integrate their applications Texas 79424 800 378 1296 806 794 1296 recommendations be taken into account into their operating system. What will the FAX 806 794 1296 • Any remedy seeking to prevent an ultimate result of this be? Microsoft’s 4725 Ripley Avenue, Suite A El Paso, Texas extension of Microsoft’s monopoly must complete domination of the software 79977 800 588 3443 915 585 3443 FAX place Microsoft products as extra options in business both, operating systems and 915 585 3443 the purchase of new computers, so that the applications. This will be accomplished by E-Mail:[email protected] user who does not wish to purchase them is incorporating all of the Microsoft TRACE ANALYSIS,INC not forced to do so. This means that for the applications into the operating system. Since A Laboratory For Advanced Environmenal price differential between a new computer most non-technical users have little idea how Research and Analysis with Microsoft software and one without a to eliminate programs from their computers FAX COVER SHEET computer seller must offer the software the mere ability is not enough—the user TO: Renata Hesse without the computer (which would prevent should have the options presented to them in COMPANY: Dept, of Justice computer makers from saying that the a forthright and direct manner forcing the DATE: 12–14–2001 difference in price is only a few dollars). customer to make choices—either Microsoft FAX NO: 202–616–9937 Only then could competition come to exist in or someone else. I am currently forced to use 202–307–1545 a meaningful way. Microsoft to be compatible with the rest of NO OF PAGES FOLLOWING: 1 • The specifications of Microsoft’s present the world—I would rather use something else FROM: Steve Rudeseal and future document file formats must be as I dearly hate the way the program works. MESSAGE: Comments on Microsoft Antitrust made public, so that documents created in Alas, I can’t as Microsoft has become the Settlement Microsoft applications may be read by default word-processor of the world with the Important: This message is intended for the programs from other makers, on Microsoft’s notable exception of banks and law firms it use of the individual or entity to which it is or other operating systems. This is in would seem. How did this happen— addressed and may contain information that addition to opening the Windows application whenever you bought a new computer a few is privileged. confidential and exempt from program interface (API, the set of ‘‘hooks’’ years ago Microsoft Office was nearly offered disclosure under applicable law. If the reader that allow other parties to write applications as a no or low-cost option—nearly everyone of this message is not the recipient or the for Windows operating systems), which is took it . The result is that Microsoft no longer employee, or an agent responsible for already part of the proposed settlement • has any effective competition in the delivering this message to the intended Any Microsoft networking protocols ‘‘productivity’’ software arena and Office is recipient, you are hereby notified that any must be published in full and approved by no longer free—in fact it is quite expensive. dissemination, distribution, or copying of an independent network protocol body. This Do you think they will back off from this type this communication is strictly prohibited. If would prevent Microsoft from seizing de of business tactic—not as long as the sun you have received this communication in facto control of the Internet I then point out shines and the birds chirp! error, please notify us immediately by that if the national interest is at issue, as I Another issue I have with the proposed telephone and return the original message to believe it is and as the judge has suggested settlement is the restrictions that are placed us at the above address via regular postal it is, it is crucial that Microsoft’s operating on the entities, with which Microsoft must service. system monopoly not be extended, and in share their API’s. In the explanations I have Thank you. this I quote the study released a year ago by seen of the proposed settlement these entities Environmental Research and Analysis the highly respected Center for Strategic and are restricted ‘‘commercial’’ ventures, Sent By: TRACEANALYSIS; 7941298; 14 International Studies, which pointed out that the use of Microsoft software actually poses implying for—profit status. This is simply Dec’01 12:47; Job 628;Page 2/2 a national security risk. In closing, I say that wrong and way too restrictive, I believe that Requiring that Microsoft donate software to all are surely in agreement that the resolution to be truly effective the parties with whom schools does nothing to remedy their illeqal of this case is of great importance, not just Microsoft should share their API’s and the business practices. What it does in fact, is now but for many years to come. This like should broadly defined, maybe allow Microsoft an unfair advantage in a suggests a careful and deliberate penalty is something like ‘‘any party or entity that market in where Apple is competing far more important to the health of the nation could potentially benefit from such successfuly. The proposed final judgement than is a hasty one. information’’. In other words this information does nothing to address the fact that Thank you, should essentially be in the public damain. Microsoft is guilty of attempting to maintain Kevin C. Walsh I could go on and on, about the its monopoly. questionable and underhanded tactics Microsoft has become a de facto standard MTC–00030642 Microsoft has used, over the years to further throuqh both legal and illeqal means. DEVELOPERS CHOICE their monopoly but I think you see my point. Therefore, they bear the burden of ensuring ‘‘Southeastern Michigan’s Internet Provider’’ This a company that will stop at nothing to interoperability with other systems. December 14, 2001 completely dominate the software industry— Microsoft’s competitors consist of both Renata B. Hesse and now they have their sights set on my businesses and communities of individuals. Aintitrust Division industry—the Internet. It would indeed be a Companies like Apple, Sun, Netscape and US.Derpartment of Justice shame if this opportunity to rein in this out- Red Hat compete directly with Microsoft in 601 D Street NW of-control behemoth were squandered. The the buisness arena. But, there is also the open Suite 1200 Justice Department fought a good fight until source and free software communities which Washington, DC 2O530–0001 the proposed settlement—please don’t make are not related directly to any given Via Fax (202) 616–9937 the same mistake that former President Bush company. Open source projects like the Renata B. Hesse Esq. made in Iraq and stop the war before its Apache server and Samba file server have First of all I would like to offer my support objective has been reached. March on been very successful in competing with for the candidacy of Steve Satchell for the Redmond and don’t stop until the scoundrels Microsoft. The proposed remedy does Microsoft Anti-Trust Compliance Committee. are cornered and say uncle! Then you need nothing to ensure that these Open Source Mr. Satchell seems to, have all of the to keep a close eye on them to make sure that competitors will be able to compete in the requisite experience and, knowledge to do they mind their p’s and q’s. future. the job along with intestinal fortitude to take Yours truly, To ensure that both companies and open on Microsoft if need be, I don’t believe there David DeFord, C.P.A. source communities are able to compete is a better choice!. Chief Financial Officer fairly with Microsoft, two measures must be
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taken. First off, Microsoft must not be I am an antitrust lawyer and solo punishMicrosoft for unlawful conduct and allowed to pre-install and bundle its software practitioner in the District of Columbia. On compensate those affected. onto new systems. The consumer should be October 16 ofthis year, in the late afternoon, 2.lf the proposed settlement goes ahead, it allowed to choose what software they want I lunched at a table outside the Manhattan will deprive the United States Government on their system. Microsoft would still be able Deli, just north of theNavyMemorial on ofinfluence over the settlement that Microsoft to offer volume pricing to vendors, but would Pennsylvania Avenue. As I sat, I noticed will ultimately reach with the not be allowed to attach restrictions on how Antitrust Chief James in EuropeanUnion. the software is used by the vendor. Secondly, conversationwithanother gentleman, about 3.Accordingly, our association, on behalf of to ensure that there is other software fifteen feet away from me. I heard Mr. James our members who are American available, Microsoft should be compelled to express some frustrationabout the Microsoft citizens,wishes to propose an alternative release the documentation on their protocols, case, although I did not hear his exact words settlement. APIs and file formats. Doing so would allow on that topic. 4.Microsoft should be required to publish other competitors, both companies and Then, I heard him say ‘‘It is going to take the source code for its operating systems. communities, to compete on a level playinq years to undo the damage done by Klein 5.Microsoft should be required, by way of field. This solution would not require andPitofsky.’’ I was stunned by this comment a punishment, to set up a venture Microsoft to open up its source code, but it Antitrust Chief James seemed to be saying his capitalcorporation, and to transfer a would ensure interoperability with plans for theAntitrust Division include not proportion of its assets to this corporation, competitors products. just relaxing antitrust enforcement, but 6.The assets which Microsoft should be Steve Rudestal, Programmer, subvertingaccomplishmentssuch as last required to transfer should be equal to Administrator. summer’s ruling by the District of Columbia thestockholders’’ equity in Microsoft, less the Justin Shepherd, System Administrator. Circuit Court of Appeals that stockholders’’ equity that Microsoft would Microsofthadabused its monopoly power. haveif it had complied with the law. MTC–00030644 Such a philosophy clearly contradicts the 7.The venture capital company should be 11 Dez 01 22:lO lain Brodie testimony offered by ChiefJames during his required to invest in business start-ups in +49 89 4358 9382 s. 1 confirmation hearings. acountry in proportion to the amount that To/An: Antitrust Division Two Fridays ago, less than a month later, residents of the country have spent US Department of Justice Antitrust Chief James announced a onMicrosoft products. Washington, DC 20530–0001 settlement ofthe Microsoft case. In my view, 8.Stockholders in Microsoft should be FAX COVER SHEET given the attitude towards antitrust issued with stock in the venture capital From/Von: enforcement I heardexpressedlast month, he company inproportion to their holding in Iain Brodie Tel. Work/Biiro: +49 (0)89 9392 should recuse himself from the case, and Microsoft. 2705 career Justice lawyers should 9.The United States Government should be Baumkirchner Str. 22 Home/Privat: +49 (0)89 determineitsfuture. required to use its best efforts to 43 1 5792 Sincerely yours persuadeforeign governments to enact 8 1673 Muenchen Fax: +49 (0)89 4358 9382 Thomas C. Willcox legislation excusing Microsoft for any illegal Germany Email: [email protected] actioncommitted prior to 2002. MTC–00030646 Date/Datum: 11. Dec. 2001 l0.If a government of a foreign country does Ref./Betr.: Microsoft Settlement PO1 not enact the legislation, the venture No. of Pages (incl. cover sheet) 1 Australian Union of Students capitalcorporation should not be required to /Anzahl der Seiten (inkl. Deckblatt): P.O. Box 123 invest in the country. Dear Sirs: Roma Street SUBMISSION I am afraid that the ‘‘penalties’’ currently BRISBANE Qld. 4003 The United States Government has brought proposed will not prevent Microsoft enacting Telephone: (07) 3321 3069 an anti-trust action against future misdemeanors. facsimille: (07) 3311 2090 MicrosoftCorporation. Following the election Yours faithfully, Email: [email protected] of President Bush with the assistance of Iain Brodie November 17. 2001 donationsfrom Microsoft, the Justice Renata Hesse Department has reached a settlement with MTC–00030645 Trial Attorney Microsoft.According to the Antitrust NOV-14–2001 12:14 601 D Street, NW, Suite 1200 Procedures and Penalties Act, the details of VIA FAX 202 616–2645 Washington, DC 20530 the settlement haveto be published in the DOJ/ANTITRUST DIV. Dear Sir/Madam, ‘‘Federal Register’’. Members of the public 202 514 0306 P.01/01 I refer to the case against Microsoft have sixty days to makewritten submissions Thomas C. Willcox Post it Corporation in the UnitedStates District on the proposed settlement. This submission Attorney-At-Law Fax Note R7673 Court for the District of Columbia, is being made inaccordance with the statute. 601 Indiana Avenue, NW To Renata Hesse referenceCivil Action No. 98–1232 and No. Our association, the Australian Union of Suite 500 Fax# 7–1454 98–1233. In accordance withthe Antitrust Students, has standing to make a submission Washington, DC 20004 From Dave Wates Procedures and Penalties Act, the United onthe following basis. We have a number of Office: (202) 638–7541 Phone# 5–3055 StatesGovernment is required to consider United States citizens as members. Under Fax: (202) 628–2881 submissions from members ofthe public theconstitution of our association, we have Member, District of Columbia about its proposed settlement with the power to make representations Pennsylvania Bars MicrosoftCorporation. Please take into togovernments on behalf of our members, November 13, 2001 consideration the accompanyingsubmission without necessarily consulting the VIA FAX 202 616–2645 of our association, which we are making on membersbeforehand. Accordingly, this United States Department of Justice behalfof our members who are United States submission should be treated as though it Antitrust Division citizens. was made byAmerican citizens. We could, if 950 Pennsylvania Avenue, N. W. Cordially, necessary, provide to the United States Washington, DC 20530 Geoff Bird Government, inconfidence, the names and Re: Microsoft Settlement National President addresses of the members concerned. Dear Sirs/Madams: SUBMISSION IN RESPONSE TOTHE We are against the proposed settlement. It I submit this letter pursuant to the Tunney PROPOSED SETTLEMENT OF THE is not that we are unsympathetic to Act as a comment on the Microsoft ANTITRUST CASEAGAINST MICROSOFT Microsoft.The management of Microsoft are settlement.Based on the comments discussed CORPORATIONAUSTRALIAN UNION OF very much respected in Australia, and are in more detail below that I heard Antitrust STUDENTSNOVEMBER 2001 held out by our association as examples who Chief CharlesJamesoffer in mid-October, in EXECUTIVE SUMMARY young people in Australia should copy. my opinion, the court should not approve the 1.The proposed settlement will not end Nevertheless,the proposed settlement will be settlement. litigation against Microsoft, as it neglects to of limited usefulness to Microsoft, and will
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not settle existing litigation by American use an equivalent operating system from Windows 98 operating system, it became states, and proposed litigation by European some other software developer.Microsoft organized on a comparable basis with other Union countries. This litigation will go operating systems have a similar status to industries. In our view, it is a waste of ahead, and there will in time be settlements human DNA. The information is essential for resources for Microsoft to continue being or judgments,which may not be beneficial to everyday life. It is surely unsatisfactory that exclusively involved in this area. Cars made Microsoft or the United States. information that is essential for everyday live in 2001 are not much better than cars made From the point of view of the United States should be controlled by Microsoft. Certainly in 1971, and Windows XP is not much better Government, Microsoft has been held to have Microsoft developed the information, at great than Windows 98. broken the law, and to have gained expense, so is entitled to a royalty. But they There are a number of industries which are substantial financial benefits as a result. The should not be able to prevent further disorganized compared to other Justice Department is of the view that it development and improvement of the industries.The Venture Capital Industry is would be undesirable to break up Microsoft information. disorganized in most countries, and is into smaller corporations, or to require that In formulating its out-of-court settlement, organized only on the West Coast of the Microsoft pay fines. We agree with this. At the Justice Department appears to have United States. Other industries that are the same time,Microsoft should have to make thought that Microsoft can best compensate particularly disorganised are the up for its illegal actions in some way, so as consumers for its illegal actions by Entertainment Industry, the Property to discourage other corporations from continuing to develop operating systems. We Development Industry, and the Genetic breaking the law. disagree. We think Microsoft’s talent can be Engineering Industry. By getting involved in The advantage of an out-of-court settlement used to greater effect in the field of Venture Venture Capital, Microsoft can bring its is that Microsoft can be made to do things Capital. Of course, if Microsoft was organizational ability to bear on helping set that it otherwise cannot be made to do. A complying with the law, it would be up to up businesses in Information court is limited in what it can order. But an them how they use their resources. But since Technology,Entertainment, Property out-of-court settlement can contain anything they have broken the law, it is up to the Development, and Genetic Engineering. This within reason. As an example, an out-of- government. The terms of an out-of-court will be of incalculable benefit to consumers. court settlement could contain a requirement settlement are up to the government. Microsoft already acts as a venture capital that Microsoft executives must wash their We propose that Microsoft should be corporation,so it has staff who can be hair each day. An out-of-court settlement required by a settlement to set up a venture transferred to the proposed corporation. should be a ‘‘wish list’’ of things that capital corporation. This corporation would The Justice Department’s proposed Microsoft should. The Justice Department has invest in and provide advice to business solution certainly prevents future breaches of not been imaginative enough in formulating start-ups.Microsoft would be required to the anti-trust statute by Microsoft. But it is its ‘‘wish list’’.The Justice Department’s transfer a large part of its assets to this not as imaginative and beneficial as our ‘‘wish list’’ must meet two requirements. corporation. Its Stockholders would be proposed solution. Of course, the staff of the First, it must end the illegal conduct by issued with stock in the new corporation, in Department of Justice work under great Microsoft. Secondly, it must compensate the proportion to their holding in Microsoft. The pressure, in circumstances that are not people adversely affected by Microsoft’s corporation would be required by its charter conducive to imagination. That is why the United States Congress made provision for actions. The Justice Department should be to invest an amount in each country that is the Department of Justice to consider public asking the question, ‘What can Microsoft do proportional to the amount that has been submissions, in order to arrive at a more that would be most beneficial to users of its spent in that country on Microsoft products. imaginative solution. We hope our operating systems?’’ This should not This would be advantageous to the European submission is of some assistance. necessarily be limited to things that Union, and so they would be likely to agree Our telephone number including country Microsoft can do in its capacity as a supplier to such a settlement. code is +61 7 3321 3059, and our facsimile of operating systems, but should include To make sure they do, the United States number is +61 7 3311 2090, while our e-mail anything that Microsoft can do. Government should lobby the European address is [email protected], and our For example, an out-of-court settlement Union and other countries on Microsoft’s postal address is Australian Union of could include Microsoft making donations to behalf for legislation to excuse Microsoft Students, P.O. Box 123, Roma Street, charities. No distinction should be made from any illegal action committed prior to Brisbane4003, Queensland, Australia. between a donation made by Microsoft and 2002. It should be included in the out-of- a donation made by its stockholders. Past court settlement that the government must MTC–00030647 charitable donations certainly go some way use its best efforts to secure such legislation. Sent By: Century 21 Three Rivers; to making up for Microsoft’s actions, and Such legislation should be a pre-requisite for 559 561 3169; should be taken into account in deciding the venture capital corporation being Nov-25–01 18:ll; whether to accept an out-of-court settlement. required to spend any money in a country. Page 1/2 To end the illegal conduct by Microsoft, we The amount that Microsoft should have to November 25, 200l propose that Microsoft should publish the invest in the venture capital corporation Renata B. Hesse source code written by its programmers, that would be set so as to compel Microsoft to Antitrust Division is used to compile its operating systems,from down size to the size they would have U.S. Department of Justice DOS up to and including Windows XT. This reached if they had complied with the anti- 601 D Street NW should include comments by programmers trust statute. In other words, their Suite 1200 put in to explain what the code does. But it stockholders’’ equity should be reduced to a Washington, DC 20530–0001 should not include code for functions that level that it would be if they had complied Fax 202–307–1454 or 202 616–9937 are for national security purposes. with the statute. Microsoft will as a result Microsoft Settlement The publication of the source code would have to scale down the extent of its activities Dear Renata B. Hesse: not make piracy of Microsoft operating and lay off staff. These people will be able Attached please find a comment to the systems any easier, The software can already to set up businesses in areas of Information proposed settlement. If there are any be copied illegally. Anyone compiling the Technology that Microsoft was previously questions, please contact me at 559 284–2704 operating system from the source code, and involved in. Hence there will be greater or e-mail me at using the software without paying a royalty competition. [email protected]. could still be prosecuted. We are suggesting that the Justice Thank you, The advantage of publishing the source Department try to compel Microsoft to Pete van Gilluwe code would be that software developers transfer its capital into the Venture Capital 43275 Kaweah River Drive could produce operating systems that are Industry. This is based on a number of Three Rivers, CA 93271 functionally equivalent to Microsoft considerations.Microsoft has expertise in Sent By: Century 21 Three Rivers; operating systems.If Microsoft refused to taking an industry which is disorganized, Comments on the Proposed Settlement allow its distributors to bundle software with and organizing it. The Information between the United States and Microsoft its Windows operating systems, Microsoft Technology Industry was disorganized in I have read the details of the proposed would run the risk that a distributor would 1975, but after Microsoft released its settlement and note that only 14%of students
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in schools receive any benefit from this Where in this settlement is there any thoroughly reading the Microsoft vs. proposed settlement.As an technology incentive for Microsoft to change its behavior Department of Justice settlement, I find it to coordinator in a small K-8 school in Central in the future?The proposed settlement be a political settlement that is not at all in California, it is my opinion that all students, directly harms competition in the computer the public’s interest. As the US Department whether disadvantaged or not, have the same industry, which competition of course is of Justice takes the side of Microsoft, and not opportunities to learn and succeed once they what the anti-trust laws and the and the the side of the American entrepreneur it is enter a public school.In reality, they shed various Attorney Generals whose jobs are to publicly endorsing Microsoft’s unethical, their socio-economic status at the school gate enforce those laws, are there to protect in the predatory,illegal and monopolistic behavior. and are treated like all other students. first place. Microsoft has already been found to be guilty There are currently many federal (and The current settlement proposal does not of these things in a US Court of Appeals, and state) programs that give assistance to serve justice. I believe Microsoft’s settlement the Department of Justice completely ‘disadvantaged’’ schools, including Title l/2/ offer should be declined. overlooks this. 4/6 funds, free and reduced rate breakfasts Sincerely, The US Department of Justice’s settlement and lunches, EIA funds, SIP funds, as well Douglas M. McKenna will make things worse for competitors of as the E-Rate program and others. Many MTC–00030649 Microsoft, like myself, because it says, private foundations, such as the Bill and ‘‘Microsoft’s behavior does not warrant Melinda Gates Foundation and the Packard 11/28/2001 13:56 8183660370 Postal Plus serious action and does not matter.’’ The Foundation give funds to‘disadvantaged’’ Page 01 Department of Justice is painting a model of schools and programs. PostalPlus acceptable business ethics in the outline of Many schools, both disadvantaged and Fax Cover Page Microsoft’s behavior and it is accepting, non-disadvantaged have technology needs Date: 11–28–01 endorsing, and condoning such behavior. that are not met by any federal or local grant, To: Judge Renata B. Hesse—Antitrust Div. According to the DoJ’s Competitive Impact particularly in the software area. Schools that US Dept. of Justice Statement, the DoJ settlement aids have small numbers or no students in 601 ‘‘D’’ St. NW. Ste 1200 in:Creating the opportunity for software the‘disadvantaged’’ category do not receive Washington, DC 20530–0001 developers and other computer industry any special funding that puts them ahead of From: Sheila Small participants to develop new middleware Fax Number: (202) 616–9937 or (202) 307– other schools, and in fact, many ‘non- products that compete directly with 1454 disadvantaged’’ schools are falling behind in Microsoft by requiring Microsoft to disclose Message: Dear Judge Hesse: the technology area due to programs like E- all of the interfaces and related technical I am writing to you to request that you do Rate.My recommendation regarding this information that Microsoft’s middlewareuses not destroy Microsoft. As an ‘‘end user’’ of settlement is to request that the Microsoft to interoperate with the Windows operating Microsoft as well as a student, and as a Company institute an ongoing program to system. member of the public, I want you to know give operating systems, educational and I am a software developer competing that I use their products because they are the productivity software and use licenses to all directly with a Microsoft product (Microsoft only ones that are up to a usable standard. Operations Manager’’, and I am unsure what K-12schools, thus giving all students the If I had any complaint, I would change, or ‘‘software developers’’ the DoJ is referring to, tools needed to progress and succeed in the complain, etc. The fact that Microsoft has because it certainly isn’t me. world of technology. This is a win-win grown from nothing to the largest on earth is Microsoft’s fundamental powers reside in answer for students, schools and the caused from the superiority of their products the following principals: marketplace. as well as the useless and amateur products 1. Microsoft’s core business model is the Pete van Gilluwe being produced by its competitors. (The ‘‘embracing and extending’’ of third party or 43275 Kaweah River Drive, Three Rivers, plaintiffs in this case have to use an attack publicly originated standards, ideas, designs, CA 93271 on Microsoft to gain market share because and technologies. 559 561–3168 they have nothing else to depend on. 2. Through court described ‘‘monopoly [email protected] They are a bunch of greedy no-talent frauds maintenance,’’ Microsoft has been able to MTC–00030648 that are hoping they can intimidate and fool you into thinking they are telling the truth. create and maintain several monopolies in Mathemaesthetics Inc. 3034400504 I have read the trial transcript and software markets including operating system 1140 Linden Ave. attempted to use the plaintiffs’’ products and software and office suite software. Boulder CO 80304 I am confident that what I am saying is true. 3. Microsoft can sit around and wait for November 27th, 2001 Microsoft has done nothing to the business new things to happen. They wait for others Renata B. Hesse world except make the best product in its to do the hard work of inventing, proving, Antitrust Division field. These people are responsible for their and designing a concept.Microsoft then U.S. Department of Justice own failure and I hope you will keep that in copies and integrates these features into one By Fax: 1–202–307–1454 or l-202–616–9937 mind. I am praying with all my heart that my of its monopoly products. A typical Number of Pages: 1 tools won’t be hurt by your decision. entrepreneur has to spend 3 years or more Re: Microsoft Anti-trust Comments Sincerely, proving anew product before it can get to The recent proposed Microsoft settlement Sheila Small even 10% market share. By virtue of it’s is ridiculous in its lack of accountability for Granada Hills, CA existing monopoly, Microsoft can copy Microsoft,in its advantageousness to their someone else’s work, and have a monopoly court-declared monopoly and in the minimal MTC–00030650 in that new market within 6 months. It is this nature of the penalty for their illegal 11/29/01 09:55 FAX 01 case that the Sherman Act was created, and behavior. Their ‘‘punishment’’ of giving their cc: Renata B. Hesse it is this problem that a US Court of Appeals software to schools is nothing but a standard Antitrust Division Found Microsoft guilty on all major counts. marketing expenditure that fortifies their U.S. Department of Justice Microsoft most certainly does not innovate, monopoly position. 601 D Street NW develop, or create original concepts or ideas. The entire proposal flies in the face of the Suite 1200 Not one of Microsoft’s successful products very point of the trial, which they were held Washington, DC 20530–0001 was invented or created by the company. to be a monopoly for illegal tactics that were Fax: l-202–307–1454 or l-202–616–9937 Consider the word processor, spreadsheet, specifically meant to increase their market E-Mail: [email protected] presentation software,command prompt, share, for bundling to increase market share, cc: U.S. District Judge Colleen Kollar-Kotelly operating system, publisher, e-mail client and for illegally blocking others’’ products in Tel: (202) 354–3340 scheduler, webbrowser, mouse, window, order to maintain or increase Microsoft’s November 28, 2001 GUI, database, SQL Server, or any of the market share. But now, a good portion of Tunney Act—Submission of Public Opinion other Microsoft tools you may use. Microsoft settlement specifically increases their market Civil Action Nos. 98–1232 and 98–1233 didn’t invent even a single one of these.They shares of both the OS and their bundled Please file these comments in the Federal copied the ideas from other companies. The products. Registry as pursuant to the Tunney Act.After patent system is supposed to protect
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entrepreneurs from this kind of thing, but it simple test case, can barely handle a single wonderful and offered to purchase Server is failing miserably in this case. user session before starting to drop versions outright, and I thank them and The reality is, most entrepreneurs in the connections (kind of like when you visit a solute them. There is a wonderful team spirit software industry have a mutual respect for website that is downb. in the world outside of Microsoft that works each other and their work. They want their So the troubling question is, if our software to handle and deal with the problems and work to be appreciated and respected and is limited to 5 connections on Workstation issues it creates. they sometimes copy each other ideas, but versions of Microsoft software, why isn’t I submit that the Department of Justice’s never to the breadth,depth, and scale that Microsoft’s competing software limited to the settlement does not even remotely address Microsoft does. same? these issues in an effective manner. We have After agreeing to the settlement with the I am an open-minded person and wanted many other such problems with Microsoft. Department of Justice, Microsoft’s Chairman, to give Bill Gates the benefit of the doubt. So Microsoft does not understand what it means Bill Gates, went on camera and promised to the week of November 20, 200l several weeks to be an ethical,effective, and responsible ‘‘act more responsibly’’with partners and after his ‘‘we will work better with everyone’’ member of the business community. It competitors. public statement, I contacted Microsoft. In doesn’t understand how to be an asset to I wish to illustrate the problems with fact I contacted Microsoft Premium Support society. These are very basic values that my Microsoft a software entrepreneur has by Services and opened a paid, premium engineering professors taught me at the focusing on an existing fact, and an existing incident based on my troubling example University of Florida. It is a shame Bill Gates problem we are having with the company. issue. Maybe it is just our software I kept didn’t finish college, as I am sure his For the benefit of the judge and the public thinking?Microsoft wouldn’t intentionally professors at Harvard would have taught him I will try to make this example issue as block our software from running well, while the same.Because his education in working simple and clear as possible. First, a allowing Microsoft software to work well ethically and in fairness with people fell description of the problem:In Windows NT would they? short, it is up to the government to correct 3.5, Microsoft allowed networking software I told premium support services that if they the problems he has created.Some of the to have up to 100network connections find a solution, I would happily pay the price possible solutions to the Microsoft waiting on ‘‘backlog’’. The number of backlog to provide me with it. Most software monopoly: connections is critical in determining how companies would be thrilled to be treated as 1. A complete, unrestricted release of the well a given piece of networking software can well as I was treating Microsoft. This is an Windows source code to any competing third work. absolutely real case. The support incident party ISV that requests it, including the right With the release of Windows NT, 2000, was assigned SRXO11114602 in Microsoft to create derivative works from the source and XP, Microsoft made the number of Windows 2000Premium Support Services. (but not necessarily to create a new operating allowed connections on Workstation After spending three quarters of a day on system, just to make our applications work (Desktop) versions of its software 5. And hold,working through 14 people in Microsoft better), or Server versions of the software can have up support I did eventually reach peoples killed 2. A break-up of the company into two to 200 backlogged connections. The enough to at least understand the problem. companies, and Application company and an following picture shows this: Once I reached these people, the‘‘Technical Operating System company, or Router’’ (the person responsible for the 3. The creation of a new intellectual Number incident) said that more senior people had property mechanism that can protect backlog agreed to take up the incident, and they entrepreneurs in the software market while Microsoft product connec- won’t be charging me for it.He marked it their software comes to life, they win tions closed, even though I was being very clear investment, and they develop the market. that it wasn’t.Microsoft’s Premium Support This mechanism should allow start-ups to Windows NT 3.5 ...... 100 Service response was the following:They compete amongst themselves, but companies Windows 95x ...... 5 acknowledge the limit, and that my software with monopolies like Microsoft should not be Windows NT 4.0 ...... 5 was subject to it.They don’t know how their allowed to develop for or enter these markets Workstation. web server is able to avoid the backlog limit for an extended amount of time (I Windows NT 4.0 Server ...... 200 on Workstation software, and if they did recommend a period of 7 years). Windows 2000 Professional ...... 5 know, they wouldn’t tell me.They said the In solution 1, this would solve the Windows 2000 Server ...... 200 API I was using was the lowest level API that problems without a structural remedy. There Microsoft was willing to provide me with. is a rumor that Windows may include This in and of itself is actually quite I followed up the next day and got an unlicensed or ambiguously obtained source harmless. It seems like a perfectly fine way arrogant response from the Technical Router code, such as source code from projects to try and differentiate your products. Buy ‘‘I can’t give you contact information to the created at universities (without obtaining the more expensive server products and you person helping you.’’The person that was permission from the university), and source get better backlog connections and you can providing information said they would get code licensed under the GPL. This is a totally create better network software,right? back to me on it. It’s more than a week later unsubstantiated claim, and I would be First let me explain that there is no now, and not a peep. surprised if it is true, but I have heard it difference in programming an operating The net effect is that Microsoft can sell talked about. True or not, it does represent system that supports 5 or 200 backlog networking software that runs on one plausible explanation as to why connections. It is simply a number that you Workstation versions of their platform that Microsoft is so protective of it’s source and change and it may use a little bit more cost $200, but my networking software, by why it is unwilling to make it easier for third memory but there is no technical or labor virtue of the enforced backlog limit, and the parties to create great applications on their related issue to change this number. limited API they are providing, requires a platform.Solution 2 would also actually help The troubling part becomes visible when Server version of Windows, costing $1000 or level the playing field as application you ask yourself, how does Microsoft more. By virtue of its monopoly and by virtue developers would no longer have to be in bed networking software on Workstation, 95x, of blocking the APIs from us Microsoft has working with their biggest ally at the same and other operating systems create these added $800 to the cost of my product and I time as divulging everything to their biggest kinds of connections? These products, when am forced to compete with Microsoft with competitor. running on workstation/desktop versions this monopoly created, anti-competitive, and Solution 3 is what I favor, because all of must be subject to the same limits, correct? unavoidable cost disadvantage. us entrepreneurs are smart, we just need a We setup, as a trial case, IISon Windows This is one specific example of many little shelter in the open market for a time 2000 Professional (Workstation version with problems we have with Microsoft, on an on- before Microsoft can come in and steal our a backlog limit of 5)and we hammered it with going basis. We have many ways around this, ideas from us. We need a fighting chance to parallel requests. We could take bring the IIS and are working with our customers to make get to the up phase of start-up.The one down, but it was far beyond the limit of 5 special concessions in order to insure the solution we can‘t have is the Bush backlogged connections. Our product, which cost of a Server license doesn’t impact them. Administration‘s political settlement.The uses the connection backlog, in its most Some of them have been absolutely Swiss cheese like settlement the Bush
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administration made with Microsoft will various technology companies’’ stock over American decide, instead of letting their make things worse. I feel it is also important the last 20 months, than by any possible elected officials pursue their own interests to disclose that I have heard rumors that overcharge by Microsoft. Many Americans under the guise of ‘‘protecting’’ the American George Bush owns a great deal of Microsoft would have preferred to spend an extra consumer. stock. This raises interesting questions. But amount of money on a Microsoft product, Carol H. and Dennis F. Buss more importantly it means the Bush than lose thousands and millions of dollars 3 19 Ravine Park Drive Administration’s settlement is colored and in their portfolios and 401 K plans. Microsoft Lake Forest, Illinois 60045 born of a huge conflict of interest. is a premier American company and the (847) 234-l 119 I would like to take this opportunity to leader of American technology companies. MTC–00030653 thank the many state attorney generals and The drop in its stock price has affected many members of the Department of Justice that others on the NASDAQ. It is core holding of CASTLEBERRY FOOD CO did not sign on to the settlement. I want you many institutional funds and a core holding PAGE 01 to know that we appreciate the hard work in many American’s 401 K plans and ‘Subj: Lets go On !! and time spent trying to truly solve this very personal portfolios. Date: 11/30/2001 IO:41:49 AM Pacific real problem. I am sorry the Bush Average Americans have lost trillions of Standard Time administration has turned it’s back on dollars of wealth in the last 20 months,much From: Clamguy300 America’s software entrepreneurs, I won’t be of it in technology stocks. Some of this loss To: [email protected] voting for them again. can be in part attributed to the Government’s Haven’t you spent enough of your I am not seeing the America I grew up as relentless pursuit of Microsoft, and the taxpayers money on this case, lets get off a kid in Bar Harbor, Maine believing in.the subsequent precipitous drop in the stock Microsoft and get on a positive horse that America I know is a country of fairness, free prices of many other technology companies. will benefit the economy. This has gone way enterprise, and the reasonable availability of Also, Fed Chairman Greenspan’s desire to too far and hasn’t produced one positive opportunity. We need to restore competition, quell the ‘‘irrational exuberance’’ of stock since this case began.Let me decide what I free enterprise, and the reasonable market investors by raising rates in2000, even want, IF I MONT WANT A MICROSOFT availability of opportunity in the software as the market had already started to fall on PRODUCT I WONT BUY IT!Please let the market if we wish America’s high tech its own, did additional damage to the consumer decide! ! Not your court industry to continue to be great. financial markets. The government is not Mike Wieltschnig If we don’t, we will become an America, doing the consumer ‘‘any favors’’ by Issaquah,Wac. without an American Dream. interrupting the natural free flow of the Friday, November 30, 200l America Kyle Lussier, [email protected] capital markets. (The government did not Online: Clamguy300 President, AutoNOC help Microsoft in its fledgling existence in an MTC-00030654 Tel 770 222–0991 x15 Fax 770 222–0998 Albuquerque strip mall from the vagaries of Phone Tools htttp://www.AutoNOC.com IBM corporation, did it? Microsoft managed to become a great American company on its I MTC–00030652 own. Phone: 206 529–9336 Fax: 206 529–9336 November 29, 200 1 Most importantly, the government’s actions Message : U.S. Department of Justice actually impeded innovation and re: Microsoft Proposed Settlement Antitrust Division competition in technology by hurting the Please accept these reasoned views under Washington, DC stock prices of technology companies consideration in drafting a revised settlement Re: Microsoft Settlement nationwide. Many of these new companies’’ offer.The security of the United States can be Comments under the Tunney Act stock has fallen 90, 95, even 99%. Even the tied to settlement in which relief is provided We believe that the U. S. Department of prices of established technology companies by opening the source code to the public,an Justice and the Attorneys General of the have fallen to prices of 3–5 years ago, before action which will result in effective various states, in particular, California and the recent ‘‘tech bubble’’. Many small competition whereby the consumer will Connecticut, have abused their power by innovative companies have gone bankrupt, or benefit by increased customization, far more misleading the American public. Under the if they are still in business, cannot raise the value than a $10 rebate to every Californian guise of ‘‘protecting the American capital necessary to continue as going or a copy of Linux to every school consumer’’from the monopolistic practices of concerns.The market capitalization of these wastebasket. Not responding publically to Microsoft, their real aim has been to protect companies have fallen so precipitously that these suggestions, and others, has exposed Microsoft’s competitors, particularly Sun not only they cannot raise capital, but many the Justice Department to deserved criticism, Microsystems, Oracle Corporation and American citizens are having liquidity unintended no doubt, but criticism that AOLTime Warner. It is appalling that the problems. In summary, the government should be addressed. U.S. government has wasted its resources and should be more concerned about the severe Thank you, taxpayer dollars trying to destroy a successful impact of the lack of capital spending by Karel Lambert, MS MT(ASCP) American company. The above competitors businesses, which precipitated the severe CTO, Chimerex Inc through their lobbying efforts, have drop in stock prices. This abrupt halt in From: Chimerex.com successfully used the government for their capital spending by businesses and the To: Department of Justice own gains. The government should be more inability of companies to raise capital have Karel J Lambert MS MT(ASCP) Antitrust forthright and declare their real purpose in resulted in layoffs of millions of American Counsel pursuing Microsoft. workers. The stock portfolios of American We wholeheartedly support the recent citizens have fallen 50—90% and more. MTC–00030656 November, 2001 settlement with the Americans are having nervous breakdowns, Dec-01–01 12:23P Dick Marble U.S.Department of Justice. The economy and are losing or selling or mortgaging their 425–453–5029 the entire technology sector, including homes to raise cash necessitated by the RICHARD A. MARBLE Microsoft’s competitors, large and small, will severe losses suffered in the stock market and 9937 LAKE WASHINGTON BLVD. NE be aided by Microsoft’s strength in the loss of jobs. Formerly wealthy individuals BELIVUE, WA 98001 marketplace. A rising tide lifts all boats, and cannot afford to spend and provide jobs to Ms. Renata Hesse as we have seen, a falling tide has done just lower income individuals,which, in turn, Antitrust Division the opposite, hurting innovation in the entire hurts their families. Americans have been US Department of Justice tech sector, including small, upstart tech more harmed by these issues than by 601 D Street Suite 1200 firms, many of which have gone out of Microsoft possibly overcharging. Washington, DC business. Some of the State Attorney Generals are Fax 202–616–9937 The American people have been harmed holding out on the settlement, preferring to Fax 202–302–1454 more by the drop in the stock price of go to court, and wasting still more taxpayer Comments re Microsoft Anti Trust Case Microsoft Corporation and, as an indirect dollars. Why not put this to a vote of every I would like to comment on the DoJ/ result, the subsequent drop in the prices of American citizen? Let each and every Microsoft settlement of the Microsoft
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AntiTrust Case As a consumer of Microsoft Jonathan Zuck I— mm I product I strongly endorse the agreement Association for U.S. Dept. of Justice This case has been manuvered from the start Competitive Technology Attention: R.B. Hesse, Antitrust Division by Microsoft’s competitors in a very Washington Office location: Washington, DC sophisticated manner, staring with Joel What if that softie [antitrust chief ] Charles Fax number: l–202–307–1454 Virginia Riva Klein’s visit lo Pallo Alto at the invitation of James limited what Business Week could Date: 12/4/01 location: Bellevue, WA Scott McNealy and other competitors of charge at the newsstand? Phone number: 425–454–5180 Microsoft in that area to plan an attack on Patrick M. Code December 4, 200l Microsoft. Very little has ever been said from Alpena, Mich. As a ‘Consumer’’ in the United States vs. the consumers standpoint. They have What Mankind Needs: Less Whining from Microsoft action, I feel compelled to expressed their support by buying the Scott McNealy comment on the proposed settlement, an Microsoft products which have set today’s Come on McNealy. Suck it up, and opportunity provided by the Tunney Act. I standard of computer usage. I am attaching compete like a big boy! am a Consumer because my husband and I letters sent to Business Week Magazine of Joe R Donathan purchased a Hewitt-Packard computer with December 10th in response to an article Centennial, Colo. Windows 95 software, a monitor, printer, etc. Business week had run on Scott McNealy Scott McNealy’s outlandish attacks on Bill in 1997. We did not feel that we paid too and his vendetta against Microsoft I have Gates and Microsoft, and his ‘sophomoric much at that time, nor have we felt that we included all of these consumer letters and humor, make one wonder why Sun were overcharged since. In fact, we have been they all support Microsoft. Microsystems stockholders put up with this very happy with Windows and all of our The States’ cases against Microsoft are a overgrown child Microsoft products. In fact, we are now crass money grab based on the amazing Write the Right Laws to Rein in Software considering upgrading with XP. change that their citizens have been charged Makers However, we feel that we hove been too much for their computer products. It IS Animals that prey on others are usually severely damaged, not by Microsoft, but by hard to imagine someone fairly establishing successful only against the old and the lame the Justice Department’s suit against what Microsoft should have charged. The That is all that Microsoft has done Microsoft in general and by Judge Thomas consumer.again has had alternative choices (‘‘Settlement or sellouts?’’Cover Story, Nov. Penfield Jackson’s very clearly biased rulings lot most of his needs and has supported 19) WordPerfect failed to innovate, so Word in particular. You see, we are retired. We are Microsoft by his purchases of their products. won Lotus failed to innovate, so Excel won. both in our 70s and are both very active, both The opportunity to comment on this case Netscape never stood a chance as a stand- mentally and physically, for which we are and it’s ramifications is appreciated. I would alone, so lnternet Explorer won Microsoft very grateful. We have raised a large family urge the court to accept your settlement plan had nothing with which to compete when it and have worked hard all of our lives, and remove this distraction from the took these entities on, so it beat them fair and looking forward to the ‘‘Golden Years’’ of industry. square. retirement. Well, the Justice Department DECEMBER 10, 2001 Microsoft has nor beaten Real Audio, (under Janet Reno) and Judge Jackson What Mankind Needs: Less Whining from Adobe Systems, Intuit, Norton, and many managed to tarnish these years for us in a big Scott McNealy others, because those companies innovated way. You guessed it—our IRAs and Sun Microsystems CEO Scott G. McNealy and improved their products. We the retirement finds containing our ‘‘nest egg’’ thinks mankind needs a break from consumers and users have only stood to gain were heavily weighted with tech stocks, MicrosoftCorp. (‘‘Face-off,’’ Cover Stony, by letting the better innovator vanquish the especially Microsoft. Joel Klein and Judge Nov. 19). What mankind really needs is a lesser. Microsoft should use everything in its Jackson managed to destroy our financial break from McNealy’sincessant whining,. arsenal to compete. That is inherent in our security that was supposedly sufficient to see Many people and businesses complain about economic system us through another 15—20 years, God Microsoft’s monopoly None has bothered to Richard S. Mimick willing, without ‘‘damage to consumers’’ by offer a superior product Instead,they have Highland Park. N.J Microsoft ever having been proven as nearly used the government as a strategic weapon to It’lawmakers had made software as we or any of our tech-savvy acquaintances cover their inability to develop something developers accountable for the operation of can find. better. Microsoft may have a monopoly with their wares, the Microsoft debacle could have What kind of JUSTICE is that? The Appeals Windows and Office, but it hasn’t come close been avoided Microsoft would have had to Court apparently upheld Judge Jackson’s to the same level of domination on the Web. recall products that crashed. It would have finding that Microsoft is a monopoly. But it lf it had, America Online Inc. wouldn’t still been less tempted to develop ‘‘bloat ware’’ is our understanding that it is not illegal to be around. and bundle others’’ products into its own,lest be a monopoly. We are now admittedly in a Technology writers from many it cause crashes. Taxpayers would have saved recession and are also a nation at war. The publications have pointed out many a. lot of money. lives of all Americans have changed in the flaws,weak areas, poor designs, and glitches Tony Payne last few months. The settlement proposed in Microsoft products. What does it say about Hong Kong now by the Justice Department (under the rest of the software industry that ‘‘Slapping Microsoft’s wrist’’ (Editorials, Attorney General Ashcroft) appears to be a Microsoft was able to achieve a monopoly Nov. 19) relies heavily on Scott McNealy’s very adequate punishment for whatever with such imperfect products’? Innovation constant mischaracterizations of the Microsoft’s misdeeds have been. Isn’t it now won’t happen just because the government Microsoft settlement. The piece recites the time to GET OVER IT and GET IT OVER suppresses Microsoft vague and sometimes blatantly inaccurate WITH and move ahead with matters of far William A. Kirsten complaints about the settlement that are greater importance to the country at this Gaylord, Mich. often cited by Microsoft’s largest rivals time? Those States still dragging their heels We have been reading Scott McNealy’s Coming after three years of litigation, the and withholding approval appear only to be ‘‘trash talk’’ for years. I would suggest he start settlement between the Justice Dept. and trying to hang onto a ‘‘Cash Cow’’ and, concentrating on his own company’s failings. Microsoft should finally allow the software possibly, make some more trial lawyers even W. Donald Sally industry to get back http:// richer, at our expense. We owned and Lake Forest, III. www.businessweek.com/magazine/content/ operated our small business for over 25 years If McNealy could just hold on for a few 01_5O/c3761023.htm and we had to Compete to make good We did years, perhaps he could find another not, and could not, rely on the government Administration like that of Bill Clinton. He MTC–00030658 to make us successful. In fact, the could again donate heavily to the Democratic Dec 04 01 01:43p government made it more difficult for us to Party and again get them to shackle his Ben and Virginia Riva 1-425–454–5188 compete with affirmative action laws in competition. FAX COVER SHEET effect at that time. Our biggest competitor’s What Mankind Needs Less Whining from Microsoft Settlement owner was classified as a Minority and, as Scott McNealyto work full-time. We in the SEND TO: such, was entitled to contracts that we could industry hope that McNealy got the message Company name: not even bid on or be awarded. The fact that
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he was retired from the NFL and was also make sure this suit finally ends so that the spend scarce resources on a battle that has benefitting from a very sizeable NFL pension American technology sector can get back to already been won. In short, it is time to move was irrelevant. But we did manage to what it does best: being number one in the on. We must ensure that the technology compete by providing good work and good world. industry returns its focus to innovation rather service. Microsoft’s competitors should be Sincerely, than litigation. The longer this battle lasts, encouraged to succeed in that same way. Myor Rosen the better the chance that we may lose our Let’s hear it for ‘‘INNOVATION over competitive advantage in the world LITIGATION’’, accept the proposed MTC–00030661 technology market. settlement, and let all of us get on with our PENCOM SYSTEMS The settlement will benefit all sectors of lives and, hopefully, put a little life back into TEL: 212 227 1854 the economy. Resumption of competition the retirement funds of ordinary hard- 40 Fulcon Street, 19th Floor will stimulate our economy and give working citizens. And for all the computer New York, NY 10038 consumers more choices. As far as the users out there, you’ll find that the options Phone: 212.513.7160 competition is concerned, Microsoft will and choices are already endless—- no need Fax: 212.513.7001 change the way it develops, licenses, and to struggle through further class action suits TO: Attorney General Ashcroft markets its software in order to accommodate to be rewarded in the end by a payoff of an From: Joe Sabrin independent vendors. We don’t need more estimated $5.00 per person. Fan: (202) 307–1454 federal litigation to keep Microsoft in check. Respectfully Submitted, Phone: Under the settlement, competitors can sue MTC–00030659 Date: 12/6/2001 Microsoft if they don’t think the company is RI: Microsoft Settlement cc; complying with the terms of the agreement. CREATIVE BEGINNINGS Urgent For Review Please Comment Please The complaints that brought about the December 5,2001 Reply Please Recycle Comments: lawsuit have been addressed, and your office Attorney Renata Hesse 40 Fulcon Street, 19th Floor has set up protocol on how to handle future Division of Antitrust New York,NY 10038 problems. The Justice Department has done US Department of Justice Tel: 212.513.7160 its job. Now it is time to let businesses 601 D Street NW, Suite 1200 Fax 212.513.7001 compete in the marketplace, not special Washington, DC 20530 December 5, 200l interests in the Senate. I want to let you Submitted bu Fax, Attorney General John Ashcroft know that I approve of your settlement, and Dear Attorney Hesse: US Department of Justice, 950 Pennsylvania I appreciate your taking the time to hear my I believe the proposed attachment in the Avenue, NW opinions on the matter. case U.S.v Microsoft is a good idea and hope Washington, DC 20530–0001 Sincerely, it will be approved. This company’s Dear Attorney General Ashcroft: technical advances have led to great MTC–00030663 I am writing to comment briefly on the efficiences in the workplace and at home. settlement that was reached between the 2477 Fairgrove Court Given that the antitrust laws were passed to Cincinnati, OH 45244 protect consumers, it is obvious that the Justice Department and Microsoft in the December 6,200l government is persuading a company whose antitrust case. It is in America’s best Attorney General John Ashcroft actions have only benefited consumers. I urge economic interest, and it will help get US Department of Justice you to approve this settlement as quickly as Microsoft’s focus back where it belongs—on 950 Pennsylvania Avenue, NW possible. Thank you for your attention in this technology. Washington, DC 20530 important matter. This case has kept Microsoft tied up with Dear Mr. Ashcroft: Sincerely, litigation for three years. It does not make I am writing to thank you and all those MJ Marcucci economic sense to do this to someone who with whom you worked for your successful President is guilty only of offering the best, most innovative product to the marketplace. The efforts at settling the lawsuit against MTC–00030660 settlement has been carefully negotiated, and Microsoft. I realize that there are some who MYOR ROSEN addresses the concerns of competitors who disagree with your decision for bringing this Myor Rosen felt that they were unfairly shut out of the lawsuit to a close, but there are also many of 12800 Oak Knoll Drive market. us who appreciate the simpler, more Palm Beach Gardens, FL 33418 it is time for the country to get back on integrated way that software works in the 5 December 2001 track economically. Lawsuits and litigation Windows environment. Attorney General John Ashcroft are not the way to achieve this goal. There are some who laugh at the Microsoft ‘‘freedom to innovate’’ slogan. However, I US Department of Justice MTC–00030662 950 Pennsylvania Avenue, NW remember the days of the text only ‘‘green Washington, DC 20530–0001 James M Cox screen’’ when IBM was the provider of PC Dear Attorney General Ashcroft: 516–399–8166 operating systems. Microsoft did indeed ‘‘bet I am writing to voice my support for the 44 Carlin Drive the company’’ on development and November 2, 2001 settlement in the antitrust Mastic, NY 11950 marketing of its Windows operating system. case between Microsoft and the Justice December 6, 2001 The company is truly a ‘‘&lsquo’David Department. The time for litigation is over, Attorney General John Ashcroft defeats Goliath’’ story. You can only do this and I feel the settlement should be completed United States Department of Justice, 950 if you provide a quality product at a and no further action should be promoted. Pennsylvania Avenue, NW reasonable price and you are a very strong Under the settlement, Microsoft is not Washington, DC 20530–0001 competitor. Perhaps, Microsoft became an getting preferential treatment. The company Dear Attorney General Ashcroft: overzealous competitor, but if we had Will share more information with I am writing to express my sentiments yielded to some of the punishments competitors; furthermore, it will open up regarding the Microsoft settlement. I feel that requested by the Microsoft competitors then space on its operating system software that your office has reached a fair settlement that we would have set legal precedents that allows competitors to place their components will finally provide certainty about the new could extinguish the innovate on the system. Never before has a software rules imposed on the IT sector. I do not see entrepreneurial spirit that brought us the company been forced to give so much any benefit in pursuing further litigation at Windows OS and the Internet. information and access to its competition. I the federal level; I am happy to see that your I hate to think of the potential hope your office will end this case with the office will be free to pursue the more urgent ramifications had this suit ultimately broken November 2, 2001 settlement and allow the matters affecting our nation. Microsoft into smaller pieces. The software information technology industry to focus on I feel that this lawsuit has had a direct market that depends on Microsoft established business and not litigation. impact on both the federal and states’ standards would have been in chaos, and I appreciate your efforts this year budgets. These budgets are presently many typical computer users, such as myself, concerning this case. Please work hard to challenged, and it doesn’t make sense to would have suffered.
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Because of your foresight, however, this Section III(J)(2) contains some very strong We have spent a great deal of PUBLIC eventuality will not happen. For this I am language against not-for-profits. Specifically, money to arrive at a finding that Microsoft thankful. the language says that it need not describe engages in monopolistic activities. The Sincere1y nor license API, Documentation, or public deserves a significant return on its Lewis Stepp Communications Protocols affecting investment. Anything less is making a authentication and authorization to mockery of the process and will fuel the MTC–00030664 companies that don’t meet Microsoft’s further disconnect of the people from their TO: criteria as a business: ‘‘...(c) meets reasonable, government. FROM : ALBERT & RHU KIGHT objective standards established by Microsoft I believe that Microsoft is well able to FAX: 913–851–8521 for certifying the authenticity and viability of compete in a leveled playing field and I will TEL: 913–897–9709 its business, ...’’ continue to buy their products as I have in COMMENT: Section III(D) takes this disturbing trend the past. My only fear is that without forceful ALBERT & RHU KIGHT even further. It deals with disclosure of government oversight and expensive 12613 Flint Street Overland information regarding the APIs for damages for abusive behavior my interest in Parka KS 66213 incorporating non-Microsoft ‘‘middleware.’’ their products will move from a decision of December 6, 200l In this section, Microsoft discloses to minuscule choice to a decision of no-choice. Attorney General John Ashcroft Independent Software Vendors (ISVs), I urge you to fight this battle, figuratively US Department of Justice Independent Hardware Vendors (IHVs), speaking, till your last breath for the benefit 950 Pennsylvania Avenue, NW Internet Access Providers (IAPs), Internet of all of us. Washington, DC 20530 Content Providers (ICPs), and Original Respectfully, Dear Mr. Ashcroft: Equipment Manufacturers (OEMs) the Jack G. Simke I am writing you this letter today to express information needed to inter-operate with my support for the Microsoft anti-trust Windows at this level. Yet, when we look in MTC–00030667 settlement. After three long years of tedious the footnotes at the legal definitions for these From : court battles it is time to move on. This outfits, we find the definitions specify Phone : (925) 933–6569 settlement is fair and reasonable it will commercial concerns only. Robert F. Andrews With this wording, the government is shut change the way that Microsoft does business Fax : (925) 933–8991 out, too. NASA, the national laboratories, the by giving other companies greater To : UD DOJ Antitrust Division Phone military, the National Institute of Standards opportunities in the IT field, but at the same Renata B Hesse Fax : 1–202–307—1454 and Technology—even the Department of time Microsoft will be allowed to continue Date : 12/08/2001 Justice itself—have no rights. SO YOU can providing quality products to American Time : 15: 15 see that the current wording actually helps to consumers. Attached are my comment regarding the reinforce Microsofts Monopoly. Please don’t The U.S. economy is on shaky ground, and proposed settlement of the Microsoft Lawsuit let Microsoft use the ‘‘Brer Rabbit Briar I feel that this settlement will help give it a Bob Andrews Patch’’ trick (http://www.otmfan.com/html/ much-needed boost. We need to focus our 1864 Castle Oaks Court brertar.htm if you are not already familiar 94595 Walnut Creek time and resources on matters of greater with it) to get exactly what they want. — necessity. I feel that the decision of some of Robert F. Andrews the states to continue this litigation was MTC–00030666 1864 Castle Oaks CT. imprudent especially when you consider the Microsoft Antitrust Settlement Walnut Creek, CA 94595 deficits that have been projected in many of As a consumer I would like to think that 925–933–6569 these states. there exists adequate protection from both December 8, 200l I would like to applaud the foresight that State and Federal government to ensure that Ms. Renata B. Hesse you have demonstrated in your decision to we are not subject to the whims and abuse Antitrust Division settle this case on the federal level. Thank of the marketplace bully. US Department of Justice you for all the hard work and diligent In today’s transportation highway a virtual 601 D Street NW deliberation that you have put into this case. monopoly exists in the oil industry. We have Suite 1200 Sincerely, seen no alternative that has succeeded in the Washington, DC 20530–0001 Albert Kight marketplace dominated by such friendly Comments regarding the Microsoft Settlement MTC–00030665 competitors. Choice is a sad joke in this area. We cannot afford to allow the same I support the current settlement with TO: Renata B. Hesse mistake to happen on the information Microsoft by the Department of Justice and Antitrust Division highway. We have seen Microsoft market half of the states involved in this lawsuit. U.S. Department of Justice defective products and charge us for patches I do not think any more severe penalties 601 D Street NW to correct them . We have seen them bully are warranted. Microsoft probably deserved a Suite 1200 their way and intimidate potential innovators little hand slapping because of the way they Washington, DC 20530–0001 to either sellout or enter niches that tag on dealt with the computer manufacturers. But FROM: Robert J. Berger UltraDevices, Inc. to their monopoly. the issue surrounding the operating system 257 Castro Street, Suite 223 Mt. View CA. Apple’s existence is at Microsoft’s improvements and add on’s is frivolous. The 94041 pleasure. It serves them to have the lame dog Internet Explorer was a needed part of the Email: [email protected] http:// still in the dog race. We need remedies in operating system and add on’s such as these www.ultradevices.com place to ensure that real competition and should be allowed. It was also very easy for Voice: 650–237–0334 Fax: 408–490–2868 choice develops. One would think that the others to use Netscape if they wanted to. SUBJECT: Comments on Microsoft taunting and ridiculous self-serving Bottom line is that Internet Explorer wound Settlement (Don’t be like Brer FOX) It is proposals that Microsoft has offered would up being the best browser. I believe that a critical that the current wording in the be sufficient to convince the DOJ that any large part of the fuss on this issue is being settlement that wording in the settlement that handcuffs or self -monitoring. punishments made by Microsoft’s competitors who have requires Microsoft to only deal with are nothing but a joke to Microsoft. They feel wound up second and third best and have commercial companies for some of the that the laws were not written for them and tried to compensate for their under remedies needs to be opened up to non- so far they have been right. performance by supporting the antitrust law commercial, open source and governmental What is needed are forceful punishments suit against Microsoft. I believe that a major entities as well. For instance, Microsoft’s such as forfiture of sales, not profits, obtained motivating force for the hold out states is greatest single threat on the operating system through non-compliance plus a fine purely political as it relates to companies in front comes from Linux—a non-commercial sufficient enough to jar the share price. This their area and political contributions. As a product—and it faces a growing threat on the is the only action that Microsoft understands. consumer, I believe that Microsoft has been applications front from Open Source and Anything less is like trying to placate a good to us. They have provided outstanding freeware applications. carnivore with tofu. products at reasonable and decreasing prices.
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Some states would prefer that consumers buy Microsoft. Who is standing up for everyone personal finance software. Basically giving all of the add on’s and that could be big else, including those of us outside the US? the birthday party, inviting everyone in, and down the road. Where Microsoft has been Concordia when the presents arrived, booted everyone dominate in a particular software out with no cake. MTC–00030670 application, prices have fallen. I also believe So there those same people are again, that Microsoft has contributed mightly to the 17817350581 2001–12–10 05:33:38 (GMT), ‘‘Well Microsoft gives money to the Poor, US economy. They have probably been the page 1 blah, blah, blah.’’ Well what about the biggest contributor in the last 10 years. They FAX COVER SHEET employee’s families of the companies that should not be punished for being good to TO Microsoft ran out of business? consumers and the economy. I might also COMPANY Microsoft has NO friends. They screw add that Microsoft is a good corporate FAX NUMBER everyone. The developers, their partners, citizen. FROM even the customers. How many in the tech It is time to settle this suit as the 1–202–307–1454 community came to their aid during these Department of Justice and Microsoft have markus diersbock court proceedings? Probably just as many proposed. The more harsh remedies that are DATE 2001–12–09 who came to the aid of Standard Oil. So here being proposed by the non agreeing states RE Microsoft Settlement we are again, years later. Billy has cake should be rejected. COVER MESSAGE frosting all over his face, he didn’t get a Sincerely Microsoft Settlement spanking for his past misdeeds and he’s on Robert F. Andrews Renata B. Hesse his way to the next birthday party. Hmmm, Antitrust Division wonder if he’ll be better behaved THIS time? MTC–00030668 U.S. Department of Justice Markus Diersbock From My Plumber 601 D Street NW Contract Programmer Sun Dec 9 04:51:37 2001 Suite 1200 http://www.crowdshare.com/profile.asp FACSIMILE TRANSMISSION Washington, DC 20530–0001 Please deliver this facsimile to: Greetings, MTC–00030671 US DEPT. OF JUSTICE Microsoft is like the greedy kid at the 10 December 2001 Page 1 of 2 birthday party who sits at the table and grabs Plaza Mikado Bldg. 303 From: [email protected] all the other kid’s cake. He doesn’t grab all 2–14–5 Akasaka From MyPlumber the pieces because he’s hungry, he just Tokyo, Japan 107–0052 Sun Dec 9 04:51:37 2001 doesn’t want anyone else to eat. So birthday Renata B. Hesse The Microsoft settlement does NOT go far party after birthday party Billy kid steals the Antitrust Division enough. Microsoft should be divided into at cake while the others kids stare. US. Department of Justice least 2 separate companies—operating system Some people will say, ‘‘But who cares that 601 D Street NW and applications, or 3 companies—1angua little Billy steals everyone’s cake, he gives a Suite 1200 ges, operating system, applications. couple of pieces to the poor.’’ Washington, DC 20530–0001 I was a programmer/system designer. Well what about the other kids at the table? Dear Attorney Hesse: Given this settlement, there will soon be no This analogy has played on throughout the We are three American citizens writing to way to survive as an independent software life of Microsoft. With a stranglehold on PC express our dissatisfaction with the Proposed producer (if indeed there is a way now— manufactures to sign exclusionary OS Final Judgment of the Microsoft anti-trust especia lly not-for-profit organizations like contracts they lockout their competition, not case. The current wording allows Microsoft the U.S. GOVERNMENT which Microsoft can only in the OS market, but any other market to exclude Open Source and Free Software deny ac cess to the APIS) that can be reduced to an icon sitting on the projects and organizations from the list of Steve Satchell, a pioneer from the Arpanet consumer’s desktop. groups to whom they must disclose the days, should be appointed to the 3 person So the OEMs are forced to bundle information needed for interoperability. Like oversight committee, even if the above unrelated products together to sell to the many small software companies, we depend remedies are not implemented. consumer. The padded price is then funneled on Open Source and Free Software to John D. Gleason to Redmond. Those don’t comply get leverage our development resources against Livonia MI ‘‘punished’’ through jacked-up pricing or larger competitors. 309–416–5842 non-renewal of their contracts. Specifically, Section III(J)(2) says that ‘‘Protection fee’’—isn’t this what the mob Microsoft need not describe nor-license API, MTC–00030669 does? Documentation, or Communications 12/9/2001 11:27 FM FROM: Fax TO: l-202– I’m a programmer and have used Protocols affecting authentication and 307–1454 PAGE: 001 OF 001 computers since the Apple ][+. And I authorization to companies that don’t meet Commerce & Administration Students’’ REALLY LOVE Microsoft development tools, Microsoft’s criteria as a business. Association but here’s the rub. Section III(D) says that Microsoft must L’Association des etudiants et etudiantes en Microsoft told the development disclose to several types of organizations the commerce et en administration community in the late 80’s ‘‘Come write for information needed to inter-operate with DATE: December 9, 2001 Microsoft Windows, look at all the great Windows. However, the legal definitions for TO: U.S. Department of Justice Antitrust things you can do, blah, blah, blah.’’ The these organizations specify commercial Division (fax:1–202–307–1454 ) reason being that more applications you have concerns only. FROM: Nicolai Michel, CASA computer lab for an OS the more people want the OS and We urge you to correct this oversight. manager thus greater adoption of Windows over other Sincerely, SUBJECT: Microsoft Settlement OS’s. D, Silver Egg Technology Like many others in the IT industry, I think But Microsoft didn’t want ONLY their OS Leif’Mortenson, Chief Architect Microsoft got off far too easily in this case. PIECE of Cake they wanted the WHOLE cake. Silver Egg Technology Why have they not been punished for After Windows was pretty well-entrenched Silver Egg Technology violating previous agreements? Why is the Microsoft turned around and started writing settlement full of loopholes? their own competing applications using MTC–00030672 Rather than repeating what has already secret hooks (Undocumented APIs) that gave December 10, 2001 been said, I refer you to more informed and their applications better power then the 3rd Renata B. Hesse eloquent critics, such as Ralph Nader, Robert party developers they had been courting Antitrust Division X. Cringely, and eWeek Magazine. To me, years earlier. U.S. Department of Justice this outcome is typical of what happens in They ran company after company out of 601 D Street NW Washington, where lobby groups and big business going after one market then the Suite 1200 business have far too much influence. The next. They were pretty successful in crushing Washington, DC 20530–0001 only beneficiary of this weak ruling is everyone except AOL in online and Intuit in re: Microsoft Settlement
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The proposed Microsoft settlement Is a 9475 on the proposed settlement in the Microsoft ghastly piece of work that: P. 1 case per the Tunney Act provisions. Does not serve the public good, Does not From: Dave Updegraff, 5130 Washburn Rd, After being found guilty of anti- punish Microsoft for its past transgressions Duluth, MN 55803, [ [email protected] 1 competitive behavior, the settlement as (for which it was found guiIty), Does not Re. : Microsoft Settlement, Public Comment. described does not seem to impose any provide adequate remedies to prevent future To: 202–616–9937 / 202–307–1545 onerous penalties on the company, nor illegal and/or monopoly activities Renata Hesse, Trial Attorney noticeably restrict their ability to leverage • Actually has the potential to increase suite 1200, their position to dominate other markets. In Microsoft’s dominance of the marketplace. I Antitrust Division fact, on this date the computer trade press is urge you to discard the current proposed Department of Justice trumpeting a deal between Microsoft and settlement and start over with something that 601 D Street NW numerous manufacturers of DVD players to more properly addresses the court’s Washington, DC 20530 have those units support Microsoft’s concerns, creates opportunities for other Greetings. streaming media format in future models. I’m companies to compete against Microsoft, and Please register my strong objection to the sure Real Networks and Apple’s Quicktime provides better protection for non-profit current (as of Dec. 2001) settlement reached division are less than thrilled with this, but Open Source with Microsoft regarding its anti-competitive they lack Microsoft’s clout. Sincerely, behavior(s). Microsoft has traditionally used ‘hidden’’ Andrew Michael Cohill, Ph.D. My objections are : programming features in Windows to give Director 1. That when purchasing new consumer their own applications, such as Office, an MTC–00030673 grade computers the presumption of a need edge over competitors’’ products. In fact, the for a Microsoft operating system remains so original plan to split Microsoft would have To: Justice Department of U.S. entrenched that no opportunity exists to broken this information pipeline between Subject: Microsoft Settlement permit real competition nor even to make the system and application programmers. From: Earl Sapp, 2010 Glennridge Drive, consumer aware that any options exist. In my Developers of third-party software packages Tallahassee, FI. 32308 view it is very important that the licensing must reverse-engineer the interfaces to and Fax # 850477–7484 Telephone #850–877– fees for these operating systems be both from Windows to provide compatible 5581 optional and also appear as explicit line packages for other environments, such as the I protest what several states have done to items such that the consumer is aware of Macintosh or the increasingly popular Linux try to block the Microsoft settlement with the what they are buying. system. Justice Department. Their demands are 2. That the extent of the Microsoft Along the same line, Microsoft has used unreasonable and not in the best interests of monopoly not be effectively extended and their dominant position in the office software consumers. It is obvious that what they call legitimized by the very terms of the market to pull consumers into a unending for is the opposite to the intention and whole settlement: i.e. by Microsoft being given a cycle of upgrades. A new version of Office purpose of anti-trust laws. What the States special channel to supply public schools emerges, with subtle differences in the format want seems to destroy and devastate the with the software of its choice. Public of documents created. One user at a company competitive spirit of the great company that upgrades, which drives colleagues to follow built the platform for the Internet. This is schools—more than any other place— should along to be able to exchange files with one overkill! This is a shot that aims at the be places where we learn of many options, another, This has been referred to in the trade central theme of the whole American free thence to make our own choices more press as ‘viral upgrading’. It also forces enterprise system, fair competition. Antitrust intelligently. competitors in the office software market to laws should try to protect not to disrupt fair Microsoft operating systems—as I’m sure lose time chasing the latest updates since, and reasonable competition. WHAT THE you can guess from this note— are not my because of its monopoly position, any STATES WANT SEEMS TO BE TO own choice for computing tools. I believe competing products must maintain Microsoft PROTECT MICROSOFT ‘S COMPETITORS that Microsoft’s aggressive anti-competitive compatibility. FROM THE RESPONSlBlLlTY OF behavior warrants that any settlement at least The proposed settlement makes some effort INVENTING BETTER TECHNOLOGY TO TRY to make consumers more aware of the BETTER COMPETE. I notice that the location choices they are making: that those choices to open up Microsoft’s protocols to the of the states that won’t sign off on the exist at all! The argument for not doing so public, but loopholes in the provisions make settlement seems significant. can only be that consumers ‘‘needn’t worry its impact questionable. For example, the The Justice Department settlement was a their pretty little heads..’’ or that they may SAMBA project is an open-source, volunteer- recognition that this case has dragged on too actually avail themselves of other choices. staffed software package to provide file-and- long. This has already hurt the American Please craft a settlement that really boils print services to Windows desktops, using economy and non-settlement will continue to down to simple truth in labeling. Consumers servers running on the open-source Linux harm the already weakened economy. do actually read. Make sure consumers know operating system. To do this, they had to Ultimately if it hurts the economy, it will what they are buying, what it is costing, reverse-engineer the protocols for logging weaken the ‘‘War on Terrorism.’’ and—most Importantly for an educated into Windows servers, remote disk mounts, I have never been convinced of the choice—what alternatives may exist. etc. It would appear at first glance that the accusation that Microsoft has ever charged Thanks for your time. DoJ settlement would ease this problem. However, in an open letter to the too much for its products. I have never heard MTC–00030675 any consumer accuse Microsoft of this; only development community, the Samba team competitors have accused them. I am 12/12/2001 14:27 FAX 678 375 3436 leaders made these comments: confident that the new Judge who presides CHECKFREE CORPORATION The Samba Team would welcome over this case will recognize this as well. It Engineering Microsoft documenting its proprietary server appears to me that competitors are trying to 4411 East Jones Bridge Road protocols. Unfortunately this isn’t what the become guilty of the very same error for Norcross, Georgia 30092 settlement stipulates. The settlement states: which they blame Microsoft, seeking an (678) 375.3000 Corporate Direct ‘‘E. Starting nine months after the unfair advantage. (678) 375.3436 Fax submission of this proposed Final Judgment I strongly urge the Justice Department to wwv.checkfree.com to the Court, Microsoft shall make available stand FIRMLY and STEADFASTLY on the CHECKFREE CORPORATION for use by third parties, for the sole purpose adequate agreement already hammered out 12 December 2001 of interoperating with a Windows Operating by the two parties in the present settlement. Renata Hesse System Product, on reasonable and non- If you do this, the Justice Department, the Antitrust Division discriminatory terms (consistent with Section free enterprise system and the American Department of Justice II.I), any Communications Protocol that is, on consumer will be the winners. Washington DC or after the date this Final Judgment is Ms. Hesse: submitted to the Court, (i) implemented in a MTC–00030674 I write to you as a computer professional Windows Operating System Product installed Dec 12 01 09:11am David Updegraff 218 529 of twenty-five years experience to comment on a client computer, and (ii) used to
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interoperate natively (i.e., without the This documentation must exist in Microsoft’s Ms. Hesse: addition of software code to the client or facilities for their own staff to use in I am writing you to register my comments server operating system products) with development. It should be straightforward on the proposed settlement in the Antitrust Windows 2000 Server or products marketed enough to make this documentation available case of U.S. v. Microsoft. I hope they will be as its successors installed on a server for others to scrutinize. The plethora of considered. First off, I want to gently remind computer.‘‘ ‘‘Windows Secrets’’ books available on the you that Microsoft has been found guilty in Sounds good for Samba, doesn’t it. market suggest that the public and internal a court of law of committing crimes, in that However, in the ‘‘Definition of terms’’ section documentation of Windows interfaces have they repeatedly violated the Antitrust laws it states : some differences. Given their confirmed and engaged in many acts of illegal ‘‘Communications Protocol’’ means the set monopoly status, it seems reasonable they anticompetitive behavior. Please do not lose of rules for information exchange to should demonstrate a higher level of sight of this fact when considering the accomplish predefined tasks between a transparency in their business dealings. settlement. Windows Operating System Product on a Thank you for the opportunity to comment Microsoft has violated the law, and as client computer and Windows 2000 Server or on these proceedings, I remain, such, they must be punished. Punishment products marketed as its successors running Robert K Halloran III involves causing the criminal SO much on a server computer and connected via a 892 Trinidad Rd discomfort and pain that they regret having local area network or a wide area network. Jacksonville FL 32216 004 committed their crimes, and do not wish to These rules govern the format, semantics, Phone 904–723–5520 repeat them. Otherwise it is not punishment. timing, sequencing, and error control of e-mail [email protected] Any settlement where Microsoft does not messages exchanged over a network. squeal loudly and publicly about how unfair Communications Protocol shall not include MTC–00030676 it is, is not punishment. Thus I find it protocols used to remotely administer December 12, 2001 disheartening that the Justice Department is Windows 2000 Server and products marketed Attorney General John Ashcroft even talking to Microsoft about what form the as its successors. ‘‘ US Department of Justice punishment shall take: ‘‘Will this hurt too If Microsoft is allowed to be the interpreter 950 Pennsylvania Avenue, NW much? Oh, sorry. Okay, how about this. 7’’— of this document, then it could be interpreted Washington, DC 20530 would this be done with any other criminal? in a very broad sense to explicitly exclude Dear Mr. Ashcroft, Where is the justice for the public in this? the SMB/CIFS protocol and all of the Let me begin by saying that the period of Please don’t forget you are on my side, Microsoft RPC calls needed by any SMB/ public comment is a wonderful nay to let defending my rights, not Microsoft’s The CIFS server to adequately interoperate with everyday people express their opinions on terms of the current settlement do little or Windows 2000. They would claim that these topics usually handled by career politicians. nothing to punish Microsoft. In effect, protocols are used by Windows 2000 server Three years of Microsoft antitrust dispute has Microsoft is being given an opportunity to for remote administration and as such would been long enough. It is time to let Microsoft spend a small portion of their enormous cash not be required to be disclosed. In that case, return their focus to innovation, rather than reserves to gain a powerful entry into and this settlement would not help litigation. Your office has produced a just lock on a new market (that of disadvantaged interoperability with Microsoft file serving settlement that has positive implications for schools), and is in the process being given one bit, as it would be explicitly excluded. software publishers, consumers, and the rest protections against the competitors that do This hardly seems to fit the intent of the of the IT industry. I am grateful for this. the most to threaten their business. How does settlement. The alternative settlement Our economy has suffered from this this punish them? proposed by the dissenting state attorneys lawsuit, and I hope that no more federal Any solution to the problem of Microsoft’s general would appear to offer more stringent funding is allocated to this inane case. State anti-competitive behavior must strike at the provisions to assure inter-operability budgets are also hurting, and yet proceedings roots of that anticompetitive behavior: their between Windows and competing products. continue in some states. We must allow the constant and recurring exclusionary I would suggest the following provisions to IT industry to resume its former pace. The practices. These most often take the form of keep Microsoft from squeezing out their longer this lawsuit drags on, the more likely dictating OEM behavior and engaging in competitors: it is that our country may lose its lead in the gratuitous blocking of software (a) The alternative settlement proposes that world technology market. interoperability. The current proposed Microsoft license the source code for Office The Justice Department’s settlement is the settlement does not effectively address these to allow its adaptation (‘‘porting’’) to other best solution. Competitors are protected practices. Charles James’’ comment that the operating platforms. This simply spreads the under your agreement, and consumers will proposed settlement will fully and problem noted above of ‘‘viral upgrades’’ to find better software compatibility. Further demonstrably resolve’’ all problems is the these other platforms, What would make pursuit of litigation benefits no one. worst kind of wishful thinking, and shows more sense is to compel Microsoft to Our country and our economy need that he is not acting in the public’s best document, FULLY, all file formats used in stability. Settling this case now is just one interest. Office, and to require a reasonable (3–6 step in achieving that. I would like to thank (1) Microsoft must not be permitted to months?) notice of changes to allow your office for the comprehensiveness of the dictate what software OEMs may or may not competitors time to update their products agreement, and to thank you for considering install on the computers they build and sell, accordingly. my thoughts on the subject. including most importantly Operating (b) Addressing the issue above of Sincerely, Systems. OEMs must be able to build and communications protocols, Microsoft should Adelaide W. Revnyak ship so-called ‘‘Boot’’ systems without be compelled to disclose ALL programming 27398 Cottonwood Trail incurring any penalties or punishment from interfaces and protocols used between North Olmsted, OH 44070 Microsoft. OEMs must also be able to ship Windows desktops and servers. This would, computers without any Microsoft operating again, allow competitors to build compatible MTC–00030677 system at all without incurring any penalties products for alternate platforms without the 2001/12/12 21:49 John D. Hardin (+1 360 668 or punishment from Microsoft. need to ‘chase’’ changes by Microsoft. Given 5342) —) 1–202–307–1454 p. 1/2 (2) Microsoft must be required to publicly, the current spate of security issues that have 17014 Broadway ave. freely and completely document the arisen with Microsoft products, this Snohomish, WA 98296–8031 Application Programming Interfaces (APIs), disclosure could in fact assist in ‘‘hardening’’ (360) 668–5342 communications protocols and data storage their products by allowing a wider audience Renata B. Hesse formats (file formats) used by all products to examine the interfaces for security gaps. In Antitrust Division they offer (for example, Microsoft Word and the current climate, this is definitely called U.S. Department of Justice Microsoft Windows itself). In this manner, for. 601 D Street NW, Suite 1200 competing products, including those created These provisions should be enforced by Washington, DC 20530–0001 by non-commercial sources, will be able to requiring Microsoft to release the source code Fax: 1–202–307–1454/1–202–616–9937 interoperate with Microsoft products. This for any product they fail to fully document. Email: [email protected] documentation must be published well
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before the release of any new product or While we appreciate the idea of the PAGE 2/7 upgrade, and must be freely available government looking after the best (PAGE2) without fee or registration or restriction on interest of its citizens, nearly four years, FAX TO: EXECUTIVE: RENATA B. HESSE use. $35 million dollars and the terms of the UNITED STATES DEPARTMENT OF It is vitally important that there be no settlement are enough. It is more than JUSTICE restrictions on the use of this documentation, time for this issue to be put to rest. ACCEPTING PUBLIC RESPONCES OF THE for if there are any restrictions at all, We strongly urge you to support the MICROSOFT Microsoft will find a way to use those settlement. Please take the actions CORPORATION ANTITRUST CASE. restrictions to their advantage to stifle fair necessary to keep the process rolling to 202, 307–1454 competition. See Section III(J)(2) and Section get the settlement through all the 202, 616–9937 FAX FROM: NATHANNA III(D) for their current attempt to do this; channels and put in place. GODFREE P.O. BOX 2584 MISSION VIEJO, these sections would have the effect of Sincerely, CALIFORNIA 92690 CONTINUE. allowing Microsoft to determine who they Lou Gomez, Executive Director TO YOU UNITED STATES DEPARTMENT deign to provide interoperability information Kern County Hispanic Chamber of OF JUSTICE EXECUTIVES, IS IT PRUDENT to. Remember, your goal is to punish Commerce AND IN THE BEST INTREST OF THE Microsoft. Let them compete based on the 1401 19th Street, Suite 110 UNITED STATES PEOPLES THAT WE THE quality of their products, not the obscurity of Bakersfield, CA 93301 TAXPAYERS PAY IN EFFECT TWICE. EACH their APIs, communications protocols and 661–633–5495 STATE WHO IS DISSATISFIED WITH THE file formats. Microsoft’s ubiquity and ability Mailing Address: P.O. Box 1121. RESOLVEMENT OF THE MICROSOFT CASE to produce de-facto ‘‘standards’’ demands Bakersfield, CA 93302–1121 IS PUTTING THE LUXURY OF ITS that their software interfaces be fully, FAX 661–633–5499 TAXPAYERS TO FOOT THE BILL OF publicly and freely documented. This is the THESE PROCEEDURES HOW EVER LONG price of their having a monopoly. MTC–00030679 THEY MAY BE WHICH HAS ALREADY (3) Microsoft’s products must be held to DEC-12–01 13:56 FROM:KINKOS LAGUNA BEEN PAID FOR BY THE PEOPLE FOR THE their documented interfaces. If a Microsoft NIGUEL ID:9493621957 PEOPLE. product is found to use an undocumented PAGE 1/7 IT IS WITH THIS CONFIDENCE IN YOU extension to an API, communications FAX TO: EXECUTIVE: RENATA B. HESSE: OUR GREAT GOVERNMENT AND ELECTED protocol or file format, then the extension ACCEPTING PUBLIC RESPONCES OF LEADERS THAT YOU WILL AGREE TO LET must immediately be documented under the MICROSOFTANTITRUST CASE RESOLVED STAND WHICH IS ALREADY RESOLVED above terms, and Microsoft must be fined and 202, 307–1454 WITHOUTANYMORE HESITATION AND the offending product removed from sale 202, 616–9937 SAVE TAXPAYER DOLLARS. I AM FAXING until the documentation has been updated or UNITED STATES DEPARTMENT OF WITH THIS LETTER A COPY OF THE FAX the use of the extension removed. The same JUSTICE (ANT/TRUST DIVISION ) TO MY GOVERNOR GRAY DAVIS AND HIS punishment should apply if a product is FAX FROM: NATHANNA GODFREE RESPONSE ALSO A COPY OF MY LETTER found to use a wholly undocumented P.0. BOX 2584 TO MY UNITED STATES SENATOR interface. MISSION VIEJO, CALIFORNIA 92690 DIANNE FElNSTEIN AND POSTAL In conclusion, The current proposed DEAR EXECUTIVE HESSE & ANTITRUST CONFIRMATION. settlement is a very light slap on the wrist to DEPARTMENT NATHANNA GODFREE Microsoft, and if it is enacted then in five I AM ( E PLURIBUS UNUM ) OF MR. & NG years we will be right back where we are now MRS. GENERAL PUBLIC AND AS SUCH I MERRY CHRISTMAS & HAPPY NEW all over again, just as we are now going HUMBLY WANT YOU TO KNOW THE YEAR DEC–12–01 13:57 FROM:KINKOS through yet another penalty phase of yet QUESTIONS OF MY THOUGHTS. LAGUNA NIGUEL ID:9493621957 PAGE 3/7 another anticompetitive practices trial today ON NOVEMBER 6, 200l ON TELEVISION FAX TO: GOVERNOR GRAY DAVIS 916, because of the weak Consent Decree imposed NEWS AS I UNDERSTOOD IT TO BE THAT 445–4633 STATE CAPITOL FAX TO: in the mid-1990s. MY HOMELAND THE GREAT AND SWEET UNITED STATES DEPT. OF JUSTICE The only difference is in five years STATE OF CALIFORNIA WOULD BE SACRAMENTO, CALIFORNIA 95814 Microsoft will be yet larger, more arrogant, PERSUING A CASE AGAINST THE ANTITRUST DIVISION EXECUTIVES and harder to effectively punish. I hope that MICROSOFT CORPORATION EVEN RENATA B. HESSE FAX FROM: the Justice Department will inflict THOUGH THE UNITED STATES FEDERAL NATHANNA GODFREE 949,362–1957 202 meaningful punishment upon Microsoft. I GOVERNMENT CASE IS ALREADY BEEN 307–1454 202 616–9937 hope that the currently proposed settlement RESOLVED. FOR OUR OWN UNITED DEAR GOVENOR DAVIS is not enacted; it seems to me to be nothing STATES FEDERAL GOVERNMENT ON THE MAY I FIRST SAY THANK YOU FOR more than Public Relations window dressing BEHALF OF ALL UNITED STATES YOUR GREAT DILIGENCE AND HARD intended to hide the fact that the Justice RESIDENCE AND PEOPLE HAS WORK IN CONTINUING SOLVING OUR Department cannot effectively enforce the VIGOROUSLY SPENT A TREMENDOUS GREAT STATE ‘S ‘ELECTRICITY law upon a wealthy company. AMOUNT OF DEDICATED TIME, ENERGY SHORTAGE CRISIS AS TO MY Please don’t prove yet again that Money AND MONEY—TAXPAYER MONEY UNDERSTANDING OF IT. Talks, and that Microsoft is above the law. RESPRESENTING ALL AND HAS I FEEL IT IS TRUE THAT WE THE Thank you for your time and attention. RESOLVED THIS CASE. GENERAL PUBLIC DOES NOT THANK OUR Sincerely, I FAXED AND CERTIFIED A LETTER TO ELECTED OFFICIALS HARDLY ENOUGH, John Hardin MY GREAT GOVERNOR GRAY DAVIS AND BUT I AND MY SON, WE THANK YOU. [email protected] MY UNITED STATES SENATOR DIANNE WITH THIS IN MIND AND OTHER CC: mail, email, fax FEINSTEIN WITH THESE QUESTIONS; CONCERNS OF WHICH ON TELEVISION Renata Hesse, Trial Attorney THAT OUR GREAT STATE IS YET IN NEWS YESTERDAY—THEY ARE SAYING Antitrust Division PROCESS OF RECOVERING FROM AS I UNDERSTAND IT, THAT OUR STATE Department of Justice ELECTRICITY SHORTAGES AND BLACK- WILL BE SPENDING TAX PAYER DOLLARS 601 D Street NW, Suite 1200 OUTS WHILE RECCESSION IS TO PURSUE AN SEPARATE CASE Washington, DC 20530 PROGRESSING AND OUR COUNTRY IN AGAINST THE MICROSOFT Dear Ms. Hesse, THE STATE OF WAR; MY QUESTION IS IT CORPORATION AFTER THE UNITED Microsoft is being amply reprimanded and PRUDENT TO AND IN THE BEST INTEREST STATES GOVERNMENT CASE HAS reigned in with the settlement reached. OF CALIFORNIANS TO PERSUE SUCH ALREADY BEEN RESOLVED. IN OVER It is our understanding that under the WHICH IS ALREADY RESOLVED. MY STATE’S CURRENT, YET STILL IN Tunney Act, the public has 60 days to QUESTION TO YOU— PROGRESS RECOVERING OF ELECTRICITY provide input for consideration by the DEC—12–0 SHORTAGES AND THE RECESSIONARY parties involved regarding this 1 13:57 FROM:KINKOS LACUNA NIGUEL INDICATORS LOOMING ECONOMIC settlement. ID:9493621957 RECESSION,—MY QUESTION IS—IS IT
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PRUDENT AND IN THE BEST INTEREST OF INDICATORS LOOMING ECONOMIC software writers can have access to the file CALIFORNIANS AND OUR GREAT STATE RECESSION ? formats and can focus more on writing good TO PURSUE AND BE IN SUCH A POSITION IT IS WITH THIS CONFIDENCE IN OUR software instead of trying to figure out how AS THAT ? AND WHAT IS THE GREATER GOVERNOR AND YOU OUR SENATOR Microsoft document files are saved. This will PROFIT OF SUCH FOR ALL AND ELECTED LEADERS AS GREAT naturally eliminate Microsoft’s monopoly in CALIFORNIANS (DOLLAR FOR DOLLAR) ? SOLVERS OF GREAT ISSUES THAT YOU the Office applications environment and will AND WHAT CALIFORNIANS WILL AGREE WILL LOOK PRUDENTLY AT THIS stop or significantly reduce what are surely TO SUCH A MEASURE FOR TAXPAYER EXPENSE AND AGREE TO SAVE OUR TAX national security risks in Microsoft Outlook DOLLARS TO BE SPENT WITH NO CLEAR PAYERS DOLLARS. email software by bringing real competition GAIN ? IT IS WITH THIS CONFIDENCE IN THANK YOU. to this now proprietary (Microsoft) product. YOU OUR GOVERNOR AND OUR ELECTED NATHANNA GODFREE SECOND: LEADERS, AS GREAT SOLVERS OF GREAT NG We often buy computers and put ‘‘non- ISSUES THAT YOU ALL WILL LOOK MAILING ADDRESS: P.O. BOX 2584, Windows’’ operating systems on them. This PRUDENTLY AT THIS EXPENSE AND MISSION VIEJO, CALIFORNIA 92690 is a very technical office and expertise in AGREE TO SAVE OUR TAXPAYER TEM. TEL: 949,347–8520, ext. 313 UNIX and computing in general. Finding a DOLLARS. WITHOUT SOUNDING TOO ‘‘CORNNY’’ I supplier that sells an OEM computer with a THANK YOU, HAVE GOT TO SAY, YOU INSPIRE ALL ‘‘non-Windows Operating System’’ or ‘‘no NATHANNA GODFREE CALIFORNIA WOMEN GREATLY. operating system’’ as you could do in the NG ‘‘THANKS’’ MTC-00030680 12–12–2001 early and mid 90’s... is impossible today. MAILING ADDRESS: P.O. BOX 2584, 3:11PM FROM WSFO BIRMINGHAM AL 205 Microsoft essentially demands OEM’s to MISSION VIEJO, CALIFORNIA 92690 DEC- 664 7821 P.1 Facsimile Transmission from include Windows on every machine they 12–01 13:57 FROM:KINKOS LAGUNA NATIONAL WEATHER SERVICE 465 ship out the door. This also perpetuates NIGUEL ID:9493621957 PAGE 4/7 OFFICE Weathervane Road, Calera, AL 35040 (205) Microsoft’s natural monopoly. We as an OF THE GOVERNOR December 4, 2OOl FAX 664–3010 FAX: (205) 664–7821 organization need a choice when we buy an TO: THE UNITED STATES DEPARTMENT Date: OEM computer. I would like to see a scenario OF JUSTICE—ANTITRUST DIVISION To: Dept of Justice Location: Microsoft much like the early and middle 90s’’ where EXECUTIVES: RENATA B. HESSE 202 307– anti-trust Fax Number: 202 616 9937 you purchased the computer and Operating 1454 202 616–9937 Ms. Nathanna Godfree From: System separately. This eliminates all the Post Office Box 2584 Mission Viejo, To whom it may concern, back rubbing and hidden costs that go into California 92690 I am an IT Officer with NOAA. We use today’s OEM computers from Dell, Compaq Dear Ms. Godfree: open source software a lot and feel the DOJ/ and others. Thank you for sharing your views. Microsoft settlement has loopholes that ACTION: Make it illegal for an Operating Please be assured that your opinions will Microsoft can use to eradicate its only real System developer to bundle or require any be taken into consideration. As Governor, my competition right now...the Open Source OEM computer supplier to bundle their job is made easier when citizens take the Software Movement. operating system with any OEM computer. time to share any thoughts regarding issues FIRST: Leave it only to retailers or consumers to of importance to them. There are certain file and document saving install the operating system of choice. OEM’s Again, thank you for writing. Government protocols Microsoft uses to save documents. shall not be involved in operating system works best when people remain active and These documents are deciphered into human installation. This is a conflict of interest and express their views to elected officials. readable text by Microsoft products. These a road block to competition in the market Sincerely, document formats should be published and place. Much like you choose which cell GOVERNOR GRAY DAVIS open so anyone can write an application to phone you choose to use with your provider, SACRAMENTO, CALIFORNIA 95814—(916) read them and display and manipulate them. or which TV you choose to watch your cable 445–2841 CALIFORNIA FAX TO: UNITED By closing the document format Microsoft service with. STATES SENATOR UNITED STATES DEPT. has a lock on the sole application that can BENEFITS: Again brings competition back OF JUSTICE ANTITRUST DIVISION read them. This is bad and perpetuates to the computer operating system market. EXECUTIVES DIANNE FEINSTEIN RENATA Microsoft’s natural monopoly. By opening The operating system will have to stand on B. HESSE 202 307–1454 202 616–9937 these document formats, competitors its own merits based on consumer DISTRICT OFFICE IIII SANTA MONICA whether open source or commercial vendors, perceptions of reliability, usability for a BLVD., SUITE 915 LOS ANGELES, can all write software to read these document specific purpose, security and costs. This CALIFORNIA 90025 files. Some examples of Microsoft also allows upstarts to get a foothold in the DEAR SENATOR FEINSTEIN applications that create closed format marketplace by dis-allowing Microsoft the ON TUESDAY NOVEMBER 6, 200l ON document files are: Microsoft Office, ability to ‘‘force’’ OEMS to install Windows TELEVlSlON BUSINESS NEWS TO MY Microsoft Word and Power Point and there on all computers. 12–12–2001 3:12PM FROM UNDERSTANDING, IS THAT OUR STATE are others such as spread sheets etc. The WSFO BIRMINGHAM AL 205 664 7821 P.4 WILL BE SPENDING TAX PAYER DOLLARS main issue here is the software can remain THIRD: TO PURSUE AN SEPARATE CASE closed and protected and can compete based Networking protocols!!! This is a biggie. AGAINST THE MICROSOFT on its usability, functionality and security This is the future of not just the internet but CORPORATION AFTER THE UNITED aspects... but NOT on its file format... which e-commerce of the future. No company and STATES GOVERNMENT CASE HAS should not be a legally patentable entity in I mean NO COMPANY should be able to ALREADY BEEN RESOLVED. a competitive environment. patent or close any networking protocol to IN THE WAKE OF THAT WE ACTION: Force Microsoft and any future block out other competitive Operating CALIFORNIANS HAVE A SERIOUS companies writing proprietary closed Systems. Networking protocol should be ELECTRICITY SHORTAGE IN PROGRESS software to publish file and document approved by and independent body and be AND IS STILL IN THE PROCESS OF formats, for current and future applications, published so that any computer operating RECOVERING AS SUCH. THIS BEING SAID, to the extent that ANY software developer system can communicate with any other MY QUESTION IS—IS IT PRUDENT AND IN whether for profit or non-profit could write computer operating system at the most THE BEST INTEREST OF CALIFORNIANS an application to view and modify that fundamental level. Right now microsoft has AND OUR GREAT STATE TO PURSUE AND document and resave it in the same format. their own internal networking protocol that BE IN SUCH A POSITION AS THAT? AND BENEFITS: This prevents natural is closed. This is to prevent rival operating WHAT IS THE GREATER PROFIT OF SUCH monopolies from forming in the first place. systems from communicating with the FOR ALL CALIFORNIANS (DOLLAR FOR Forces microsoft to write better and more Windows operating system. This locks DOLLAR) ? AND WHAT CALIFORNIANS secure software; because, if the does not corporations, organizations and businesses WILL AGREE TO SUCH A MEASURE FOR (since the doc formats are opened up) into the Microsoft platform. There is a project TAX PAYER DOLLARS TO BE SPENT WITH someone else will. Competition and choice is called SAMBA which is a not for profit NO CLEAR GAIN WITH RECESSIONARY open up and playing field is level. Other organization that has tirelessly and painfully
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tried to figure out how Microsoft’s Suite 1200 Antitrust Division, Renata Hesse networking protocol works so that other Department of Justice Trial Attorney computer operating systems like HP-Unix 601 D Street NW Suite 1200 and Linux can communicate and exchange Washington, DC 20530 Antitrust Division information with Windows and NT servers Dear Attorneys: Department of Justice and desktops. The DOJ solution does not I am responding to the invitation for public 601 D Street NW insure that Microsoft will publish these response in the Microsoft antitrust case. As Washington, DC 20530 networking protocols and will essentially an experienced user of Microsoft Windows, REF: U.S. v. Microsoft Corporation Proposed give Microsoft LEGAL means to kill the Microsofti Office, and Internet Explorer, and Settlement SAMBA project which our organization one with some acquaintance both with To the Department of Justice; depends on to function. We also need Microsoft practices and with other operating As the CEO of AableTech Solutions, Inc. Apache the free web server used by most of systems, I must say that I am greatly and a Web Systems Engineer with 7 years of the Internet Service Providers. The lack of disappointed with the terms being offered in Internet experience and 20 years of strong working in the DOJ solution give the proposed settlement. The court has programming experience, I am very familiar Microsoft new LEGAL grounds to shut down pronounced Microsoft guilty of practices with the technologies and issues at hand in apache servers and put into their place... involving maintaining monopoly position. the Microsoft antitrust case. I have witnessed Microsoft products. This certainly does not Yet the proposed penalties have virtually firsthand the negative impact that Microsoft’s halt the Microsoft monopoly but instead no teeth. All computer desktop users could monopoly has had on our industry, and the perpetuates it! benefit from more open competition yet the proposed settlement is not an adequate ACTIONS: Force Microsoft and any rival proposed settlement allows Microsoft to go response to the antitrust violations that operating system they create to release its own way at crucial points. Microsoft has committed. networking protocol for review by an official At a minimum, the settlement should Microsoft has already been found guilty of body of experts and publish this protocol so stipulate the following: Microsoft must maintaining an illegal operating system any software developer whether commercial publish in full the API for the Windows monopoly, and now should be the time to or not for profit can use this information to operating system, making it available for free enforce a penalty that accounts for write networking software that is more secure to all, not just available to those who meet Microsoft’s past illegal activities and prevents further monopolistic behavior. and more functional that Microsoft’s that will its own criteria However, I find the proposed settlement fully communicate with Microsoft products Microsoft must publish full descriptions of contains no substantial penalties and will and services and allow them to work with its file formats (e.g., for Word, Excel, only serve to advance Microsoft’s operating rival operating systems. BENEFITS: Opens PowerPoint). It is well known that the system monopoly. up competition in the server and networking secrecy of these formats helps Microsoft I believe a just penalty would contain the environment. Allows all software vendors preserve monopolist control of the Office following remedies: access to the operating systems core market. Microsoft must publish full Microsoft’s operating system should not be communication network protocol so more descriptions of network interfaces. Without allowed to be coupled with computer secure and stable server and networking these, Microsoft uses it current dominant hardware. Instead, the operating system software can be written. position to make incompatibilities that push should be an additional charge. Consumers I hope these additions can be added to the firms into using nothing but Microsoft should be able to purchase a computer DOJ solution to the Microsoft trial. I feel at operating systems on every computer in the without an operating system at a lower price the present rate of expansion of Microsoft network. Microsoft must have sales than a computer with an operating system, products and, the severe lack of competition, arrangements with computer wholesalers and and they should be allowed to choose the is leading to national security nightmare. retailers that allow them to sell their operating system that is installed. Microsoft is not being held accountable for computers without a windows operating Microsoft should not be allowed to bundle huge security loop holes simply because system as well as with it. And the price non-operating system related software such there is no competition. This lack of differential must be the same as what it as Web browsers, e-mail programs, and competition allows Microsoft to slack off on would cost to obtain the windows operating media players with the operating system. refinement of essential networking and system without the hardware. This alone These products should be offered as stand- software issues that are so central to security. assures a level playing field, in which alone products at a cost above and beyond By incorporating these changes into the Microsoft does not use its market dominance the operating system to prevent Microsoft settlement, we can have real competition in to bully computer companies into offering no from continuing to use its operating system the Operating System market place and will other options than Windows. monopoly to take over new markets. again see progress made in the computer Ongoing compliance must be monitored by Microsoft should be forced to FULLY market. The days of closed formats is over. an independent group not containing publish all its networking protocols and file Protecting the software with patents is fine... Microsoft employees. formats in addition to publishing its writing and re-writing core networking, These moves are fair penalties that operating system APls to allow competitors communication and file format protocol and specifically target monopolistic practices. to build products that will interrupt with patenting that to lock out competition is They would, moreover, strengthen the U.S. Microsoft’s software and prevent Microsoft wrong and is against all the principles this computing market by allowing genuine from seizing control of the Internet. country was founded on. Microsoft will competition. And they would in the long run Microsoft should have to pay monetary continue to change its file formats and encourage Microsoft itself to do better by damages to the companies such as Netscape, networking protocol and will force users to making better products rather than using its IBM, and countless others that have suffered upgrade to lock out competitors unless these resources and ingenuity to produce more or been driven out of business as a result of issues are addressed. Please consider them. unfair practices. illegal activity. Microsoft has unjustly filled Gregory Machala Vern S. Poythress, Ph.D. its coffers, and a percentage of this money Information Technology Officer, 510 Twickenham Rd. should be distributed to the companies and National Oceanic Atmospheric Glenside, PA 19038–2033 individuals who have been wronged. Administration I do not believe the current state of the tech MTC–00030682 404 Savannah Cove Calera, AL 35050 economy should be interpreted as a signal to Dec-12–01 09:06P enforce a light penalty on Microsoft, In fact, MTC–00030681 Debora Millson it is crucial to the national interest that 12–12–2001 04:lOpm 770–414–8206 Microsoft’s operating system monopoly not From-WESTMINSTER THEOLOGICAL To: Renata Hesse, Trial Attorney, DOJ be extended. In the report entitled ‘‘Cyber SEMINARY From Michael G. Millson Threats and Information Security: Meeting +2158875404 T–827 P.OOl/OOl F–267 Dec-12–01 09:07P Debora Millson the 21st Century Challenge,’’ the Center for Dec. 12,2001 Phone: 770–414–8206 Strategic and International Studies fax: 202–6 16–9937 AableTech Solutions, Inc. concluded that use of Microsoft software Renata Hesse, Trial Attorney December 12, 2001 actually poses a national security risk.
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Microsoft’s activities over the last 10 years Microsoft needs to open up their file Eighteen of our State Attorney Generals have substantially stunted the growth of the formats and API to Windows so that have come forth representing Microsoft computer industry. Without any real everyone has a fair chance to compete. As competitors. Believe nine of them have competition, the software that Microsoft has someone that has to develop import filters for agreed to accept the Justice Department’s produced has been riddled with security Microsoft tile formats, I can tell you that the deal with Microsoft. Some of them have holes and productivity sapping bugs, and constantly changing versions and forced given in to avoid time and expense that their many truly innovative companies have been march to purchase upgrades is simply an respective state I governments deem they driven out of the marketplace. Consumers expensive and manipulative nightmare. cannot afford. I praise the other nine State have been left with no other choice but a To sum up. I don’t believe that Microsoft Attorneys who have stayed the course for blase fare of sustaining, yet hardly should be broken up, but they have an justice and for more realistic restrictions on remarkable products from Microsoft. unhealthy stranglehold on the computing Microsoft. I support and commend the 9 states that industry that is causing enormous problems I note Bob Lade, an antitrust expert at the have refused to agree to the proposed now (look at all the worms and viruses over University of Baltimore allegedly said, ‘‘it’s settlement. In order to breath new life into the last few years,) and it will only get worse odd that the Justice Department—at the end the technology sector and safeguard the and more dangerous if this is allowed to of the filing—outlined stricter remedies that future of the United States and the computer continue. it had considered without explaining why industry, stricter penalties and restrictions those remedies were not pursued’’ and MTC–00030684 must be placed on Microsoft. continued by saying, ‘‘This is, of course, the Sincerely, Michael G. Millson CEO Web Chester A. Barr case of the generation so I would have Systems Engineer AableTech Solutions Inc. 11722 31st Dr. S.E. expected more’’. http://www.atsga.com/ 3658 WINDY CT . Everett, WA. 98208–6117 I do not believe for a moment that the TUCKER. GA 30084 PHONE (770) 414–8834 Nov 20, 2001 settlement the Justice Department has arrived FAX (770) 414–8206 Reneta Hesse, Trial Attorney at with Microsoft will remedy the monopoly Antitrust Division power. As earlier stated Microsoft have not MTC–00030683 U. S. Department of Justice recognized that they have been a monopoly the Kompany.com 601 D. St., Suite 1200 or acted with monopoly power over their Renata Hesse, Trial Attorney Washington, DC 20530 competition so why would they change Suite 12001 Dear Honorable Hesse, course. Antitrust Division Department of Justice, I am an ordinary American citizen whose In closing if fair and competitive 601 D Street NW use of the computer is for home use and a opportunities are going to be available, the Washington. DC 20530 treasurer for a church. I have been watching deal that has been cut will not do it, and I (facsimile) 202–616–9937 or 202–307-I 545 with much interest the unfolding of the urge stricter remedies, that will give equal Dear Renata Hesse: Antitrust Case with Microsoft from the opportunities for all and customers have a I’m writing you to submit my comments newspaper reporting. I am greatful for the choice what is on their computers. with regard IO the Microsoft penalty privilege to add my feeling over what I see Respectfully submitted, currently under consideration. Let me as a sell out of the American people to provide you some brief background to Microsoft by our Justice Department. MTC–00030686 establish my credentials for commiting. I In family life when you have a child bent 10/28/2001 05:02 3157881018 have been developing software for 23 years on doing wrong, even crime, parents have a ROBERT DELL PAGE now. my experience with Microsoft goes back responsibility to do all possible to correct 01 946 Franklin St., to the very early I. days. I had an experience that wayward child If the child continues in Watertown, NY 13601–3858 as a beta tester of Windows 3.1 using DR DOS his wayward crimes, he usually becomes a (315) 788–2417 instead of MS DOS. this worked tine during case for public correction, and at the cost to www. northern-ny.net the beta. but in the final release wouldn’t the public. This is the way I see Microsoft. mail to: [email protected] work at all, turned out that Microsoft had put To this day Microsoft do no accept that they Renata Hesse, Trial Attorney code in specifically to disable it working have exercised monopoly power over their Suite 1200 with DR DOS. Microsoft recently paid out a competitors to the harm and denial to those Antitrust Division settlement of about $ 150 Million to Caldera of us who use computers desiring to see more Department of Justice to satisfy this claim. I’m sure you’ve heard innovative software and more control over 601 D Street NW the old stories that use to go around their own computers. Washington, DC 20530 Microsoft that ‘‘DOS isn’t done till Lotus I respectfully disagree with the U.S. December 13,200l won’t run’’. I can assure you that this was Department of Justice’s settlement with As an individual with over twenty years indeed the case. Microsoft. First, because in the name of ‘‘U.S. experience in the personal computer For the last several years I’ve been running economy’’ and pressure from the Bush industry, I would ask you to consider my a software company whose primary business Administration is not reason to pat comments on the case U.S. v. Microsoft. The is on the Linux peraring system. We also Microsoft’s hands and turn them loose again proposed settlement does not remedy the support MS Windows and Mac OS. but the to continue their monopoly practices. They antitrust violations of which Microsoft has MS environment is so inherently unstable have been found guilty of exercising been found guilty, and in fact could extend and full of security holes. we prefer to not monopoly power, so how can our their monopoly. we that environment if at all possible. Now government and our Justice Department, for A proper settlement would create the recently proposed penalty is in fact the sake of money, to improve the economy, competition in the operating system market nothing of the sort, there is no penalty here justify to turn them loose with only a tap of and impose a real penalty on the defendant that causes any fundamental change. As a the hand. If our government and Justice without, however, forcing significant Limux software enthusiast I am forced to Department, who are charged to meat out disclosure of intellectual property. build computer systems because it is almost justice, act for reasons not fitting the crime, Microsoft’s domination of the operating impossible to buy a PC that doesn’t have how then can the American public feel they system market began with their Windows 3.1 Windows on it. and I don’t want to pay For have representation? product. With the release of Windows 95 and Windows as I’m not going to use it. The only I have observed Microsoft officials using then with Windows 98, their monopoly was equitable way to deal with this is have their money power to buy their way with secure. hardware manufactures, offer hardware at a legislators and with those holding high Microsoft no longer ships or supports reduced price without Windows. This price office, meeting with them, dining with them, Windows 3.1 and Windows 95. Their present should be the same price that I can buy contributing to their political interest. I ask products, Windows 2000 and Windows XP, Windows from them for. So if they are going the question, how can the consumers in this use what they call ‘New Technology’’ and are to discount only SI0 to remove Windows. industry compete for hearing, seeing such a significant departure from the earlier then I should be able lo go back and buy money flowing, and our politicians reaching products Microsoft has recouped all Windows from them for S10. for the grab. development costs for Windows 3.1 and
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Windows 95, and has, as a result of their is extended by the use of proprietary file Judge Colleen Kollar-Kotelly monopoly, made very significant profits from formats that prohibit documents created with United States District Court for the District of these products. their products from being effectively read or Columbia A settlement that would mandate a transfer modified by competitive products. Until this 333 Constitution Avenue. NW to the public domain all source code for strangle hold is stopped there can be no Washington DC 2OOl Windows 3.1 and Windows 95 would allow effective competition in the area of desktop Dear Judge Kollar-Kotelly. competition in the operating system market office applications. Forcing Mircosoft to open I wish to add my voice co many others in and penalize Microsoft. the APIs (Application Program Interfaces) disagreement with the proposed settlement. Although the defendant may argue that the more fully is a start, but the proposed Rather than repeating the arguments you loss of this intellectual property will settlement seems to allow Mircosoft the have assuredly read many times I will just significantly impair the present and future choice of who gets the benefit from this. point to one of the first commentaries I read viability of the products they develop, such Microsoft should be forced to fully release that. I was in agreement with. It was written a statement cannot be considered with any the specifications for all of their current. and by Ralph Nader and James Love on credence. future proprietary file formats used in November 5, 2001. It is available at the web Any settlement must address both desktop office applications. address http://www.cptech.org/at/ms/ competition in the operating system market, * The method that Microsoft employed to doj12kollar/kotelly/nov5.html and a penalty Shipping free goods that establish their proprietary formats in the area In addition Nader’s commentary I have a increases the future dependence on the of desktop office applications is also being few additional items that I feel strongly monopolist IS NOT a penalty. Allowing used to create proprietary network protocols. about. limited access to some source code. so that Already the use of proprietary extensions to Any remedy seeking to prevent an more products may be developed that can network protocols by Microsoft is threatening extention of Microsoft’s monopoly must only be used with the monopolists products, to extinguish the open standards that the place Microsoft products as extra-cost is not a penalty I beg the court to consider Internet was built upon and substitute options in the purchase of new computers. so that the key to a just and equitable settlement proprietary standards useable only by that the user who does not wish to purchase is increasing competition in the operating Microsoft products. In fact Microsoft has them is not forced to do so. This means that system market. The people are being held already admitted this as a strategy to for the price differential between a new hostage by Microsoft and are suffering for it eliminate competition (www.opensource.org/ computer with Microsoft software and one Sincerely yours, /halloween/halloween1.html). If this without. a computer seller I must offer the continues, Microsoft will have wrested software without the computer (which would MTC–00030687 control of the Internet and established their prevent computer makers from saying that DEC-14–01 FRI 12:06 AM products as the de facto standard. To prevent the difference in price is only a few dollars). RKFD PROCESS CONTROL FAX NO, Microsoft from leveraging their monopoly in Only then could competition come to exist in 8159662026 P. 01 this way they must be required to submit all a meaningful way. Attorney Renata Hesse proposed networking protocols to an The specifications of Microsoft’s present Suite 1200 independent network protocol body for and future document file formats must be Antitrust Division approval, complete with details that will made public so that documents created in Department of Justice allow competitors to use those protocols Microsoft applications may be read by 601 D Street NW Washinqton, DC 20530 effectively. programs from other makers on Microsoft’s or Ms. Hesse; I have read comments from various sources other operating systems. This is in additton I would like to submit some comments that indicate that the proposed settlement to opening the Windows application program regarding the issue of the proposed should be accepted as a matter of national interface (API. the set of ‘‘hooks’’ that. allow settlement of the U.S. v. Microsoft antitrust interest. Though this is a legitimate reason to other parties to write applications for case. settle the case, it is not a legitimate reason Windows operating system ), which is I am an Information Systems professional to accept this settlement. The Microsoft already part of the proposed settlement. and I have very grave concerns about the Corporation has shown that it will settle for Any Microsoft networking protocol must proposed settlement. The Microsoft nothing less than complete domination of the be published in full and approved by an Corporation has been found guilty of software industry and all that it entails. independent network protocol body. This violating certain parts of the Sherman Act, Further, they have demostrated that they are would prevent Microsoft from seizing de yet the settlement proposed does almost willing to use illegal means to achieve that facto control of the internet. Microsoft should nothing to curb future violations by this end. It is in the national interest that no not be allowed to dictate which parties have illegal monopoly and nothing at all to punish single entity be allowed to control something access to the specifications. them for their past illegal actions. In fact it so important as our nation’s information Sincerely. is a commonly considered opinion among systems infrastructure. The capitalistic model MTC–00030689 those in my profession that the proposed that our country’s economic system is built settlement gives Microsoft license to upon requires competition and the proposed 12/ 14/ 01 09:54 continue their monopoly with impunity. As settlement does little to encourage future FAX 9133108348 I see it, the Microsoft Corporation will competition with the current monopolist. JOHN DEERE IT continue to unfairly control and extend their Though it may be tempting to accept the December 14, 2001 monopoly if tho terms of this settlement are proposed settlement in these economic times, Renata Hesse accepted. I would like to propose the the long range effect will benefit Microsoft’s Trial Attorney following modifications to the settlement: interests above those of the nation. Suite 1200 * The sale of Microsoft products must be Respectfully submitted, Antitrust Division placed on a level playing field with their CLaude Horsman Department of Justice competitors. Forbidding Microsoft from 616 E. Jackson St. 601 D Street NW requiring exclusive contracts from new Belvidere, IL. 61008 Washington, DC 20530 computer manufacturers and resellers is a December 13, 2001 Dear Department of Justice, start. But to be truly Competitive, Microsoft I wish to make some comments on U.S. v. products must be offered as extra cost items MTC–00030688 Microsoft. I work in the computing industry just ,as any other competitive software or 12/13/01 THUR 11:O7 FAX 858 452 4410 as a progammer. I have been a programmer hardware product in a new computer sale. COMPUTER ASSOCIATES for 22 years. I don’t -think the settlement as Not only should consumers have a choice of DOJ proposed adequately remedies the antitrust software products installed on new Michael Bergknoff violations of which Microsoft has been found computers,they must also be presented with Computer Architect guilty. I would propose the following the true cost of their selection. 3655 Caminito Carmel I Landing additional features to the settlement. * Microsoft has: a monopolistic lock on the San Diego. CA 92130 1. Make all Microsoft products as extra-cost use of desktop office applications. This lock December 13. 2001 options in the purchase of new computers.
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Publicize that users are not forced to buy demonstrated integrity with the Court? Take Department of Justice Microsoft products. The price difference for example (one of many) the case in which 601 D Street NW between a computer with Microsoft products they were ordered by the Court to ship me Washington, DC 20530 and without Microsoft products must be the Java Native Interface with Internet Explorer 202–616–9937 FAX same as the extra-cost options above. and they deliberately disobeyed it with the [email protected] 2. Microsoft must make public all excuse that it made download time longer. It is my understanding that the Department document file formats both now and in the Hence, THE COURT CANNOT TRUST of Justice has reached a proposed settlement future. A prime element of Microsoft MICROSOFT to honor its obligations. IT with Microsoft in the matter of the recent maintaining their monopoly has been the MUST BE FORCED as was proposed in the anti-trust suit. Despite the established guilt of secret nature of their file formats. By solution that broke apart Microsoft’s Microsoft, this settlement calls for only a publicizing these formats in a clear, easy-to- operating systems groups from the token cash outlay, no fines, few conduct read manner, it would allow other companies applications groups. penalties and great freedom on the part of and individuals to develop competing Microsoft has become an expert at Microsoft to continue doing business as it software. maintaining their tyranny through wishes. 3. Any Microsoft networking protocols manipulation of our legal system. It is time In my humble opinion, such a settlement must be published in full. Also, these to bring this institutional evil to an end. is unconscionable. Not only does it fail to protocols should be reviewed and approved Hence, THE COURT MUST DISAPPROVE remedy the effects of past monopolistic by an independent network protocol body. the proposed settlement and pursue one that behavior or prevent the same or worse in the This will prevent Microsoft from controlling correctly separates their operating system future, it leaves the victims of the monopoly the Internet with proprietary protocols. In monopoly from their applications domain. without a remedy. Worst of all, it may addition, it will allow competing software to n Charles Walker, MCSD, MCP+SB, MCP present a threat to national security. be written to replace Microsoft’s software 6614 Ronda Ave Certain terms of the proposed settlement, seamlessly on individual’s computers. I Charlotte NC 28211 such as the provision of $900 million in believe these recommendations that I have (704) 367–9341 Microsoft software to schools, do nothing to outlined would help to contain Microsoft’s ameliorate the damage done by previous illegal anticompetitive behavior both now MTC–00030691 monopolistic behavior. It has been argued and in the future. To Whom It May Concern: that this would only extend the monopoly Donald W. Price I would like to express my concern over into an area where Microsoft is currently 12114 Bluejacket the latest settlement proposed by the weak. This should not be allowed. By all Overland Park, KS 66213 Department of Justice in the Microsoft means allow Microsoft to make up some of Antitrust case. As introduction, I am a the damage the company has done to schools MTC–00030690 software developer who builds applications with its marketing practices, but make them 12/14/2001 10:34 primarily for the Windows platform. do it in cash. The disposition of the cash ADVICEFRAMEWORKS One of my primary concerns with the should be overseen by people charged with 12826169937PP2418 NO. 35701 proposed settlement is that it ignores the getting the most benefit to the schools; December 14, 2001 damages done by Microsoft’s anti- benefit to Microsoft should not be a Renata Hesse, Trial Attorney competitive behavior to rival technologies. consideration. For this reason stock is Antitrust Division, While I am pleased that Microsoft’s future inferior to cash; the value of the stock can be Department of Justice actions are to be regulated by the settlement, affected by the purchasing decisions of the 601 D Street NW, Suite 1200 I feel that much of the damage has already schools, and Microsoft’s welfare should not Washington, DC 20530 been done. Simply enforcing certain be a factor in the decision. VIA FAX: (202) 616–9937 prohibitions on Microsoft’s business Other terms leave much to be desired. RE: Public Comment AGAINST Microsoft practices will not repair many of the Microsoft has been proven to ignore conduct Proposed Settlement companies that have suffered because of restrictions imposed on it by consent I am writing this comment to express my Microsoft’s predatory activities. Granted, it agreements. What is to prevent Microsoft voice AGAINST the proposed Microsoft would be a difficult task to quantify all the from doing what it pleases regardless of the settlement. I am a Microsoft Certified damages done by Microsoft to every terms of this settlement? For this reason, I Solution Developer, one of the first 500 company, but the fact that so many believe that the court was premature in certified under their new track, one of the fit companies have been affected suggests that ruling out a structural remedy. 5000 Microsoft Certified Professionals, and the current settlement is not appropriate. But the most important issue may be one of the first 300 Microsoft Certified While I will not propose specific alternative national security. Microsoft’s dominance in Professionals + Site Building. Because of my settlements, I do suggest measures that will desktop operating systems means that most background as a software developer using impose damages on Microsoft tantamount to businesses run it on most or all of their Microsoft technologies, I am uniquely those it imposed on its competitors. computers. The vulnerability of Windows qualified to express an insiders point of view I take greatest exception to the idea that a and other utilities such as the Outlook mail on the efforts Microsoft takes in preventing quick settlement will be in the interest of the agent to viruses, worms and Trojan horse competition. It is from that experience that I people. Its monopoly in the Operating software has made both the global Internet URGE THE COURT TO DISAPPROVE fhe System market has allowed Microsoft to and company intranets subject to being proposed settlement. expand to new areas such as Internet swamped with traffic and even crashed. Although Microsoft’s domination of the retailing, broadcasting, and entertainment. Even crude viruses such as the Love Bug desktop operating system market was earned, Given that the current settlement amounts to required eradication efforts amounting to they continue to USC this monopoly to a slap on the wrist, Microsoft will have no billions of dollars world-wide. This channel upon consumers sub-standard, impediment to extending its stranglehold to vulnerability is almost entirely due to insecure applications. IF A CONSUMER these new domains. Microsoft’s ‘‘integration’’ of unwanted PRODUCT GAlNS A NEAR MONOPOLY Thank you for your attention. functionality into Windows and its related MARKET POSITION, IT MUST. BE EARNED, good@ pare.xerox.com utilities. Once such functionality is NOT lNHERITED. As a software developer 589 Oak Street ‘‘integrated’’, users and companies alike have focused on integrating data from multiple Mountain View, CA 94041 few ways to remove or disable it if it becomes platforms and multiple companies, I am a liability. If an intelligent and determined constantly frustrated by the bottlenecks that MTC–00030692 enemy were to exploit many such liabilities, Microsoft has put in place deliberately to Russell Cage the cost to the USA could be far greater than enhance their position at the expense of other 1615 Morton the September 11 disaster. products that are superior to theirs. Ann Arbor Ml 48104 For this reason, any settlement must stop This cut-rent proposed settlement relies 14 December 2001 Microsoft from ‘‘integrating’’ utilities and upon Microsoft’s integrity as it deals with the Renata Hesse, ‘Trial Attorney ‘‘middleware’’ with the operating system. Court. When has Microsoft ever Suite 1200, Antitrust Division Microsoft should be required to package, sell,
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install and remove software functionality in gains which helped to generate a robust products that, just about every computer user distinct, related units. If functionality such as national economy for many years. Without in the country benefits from. I cannot see an insecure web browser can he removed and this leadership and technological advantage, where there has ever been any consumer replaced, the damage from an attack on that our country would be far less able to succeed harm because of Microsoft since their prices utility’s vulnerability ‘is limited. The effect in an increasingly competitive global have not gone up greatly and on some on competitors to Microsoft may be one of marketplace. products and the price has actually gone the smaller issues; if such functionality I think that the current settlement is fair to down. I am saddened that nine states will cannot be removed and replaced because it both sides. I was happy to learn that The continue to press their case even though I is ‘‘integrated’’ by Microsoft, the entire State of Ohio is ready to settle the case. believe in the end that Microsoft will prevail Internet can potentially be shut down by a Further litigation and congressional hearings MTC–00030698 single security flaw. would benefit no one but Microsoft’s Thank you for your attention to this competitors. November II, 2001 pressing matter. Sincerely, Renata Hesse, Trial Attorney Donald Bogart 325 7th Street, NW MTC–00030693 President Suite 500 STERLING GILLILAND Software Marketing Center, LLC Washington, DC 20530 (408) 377–6374 Dear Renata, Fax to: (202) 616–9937 MTC–00030695 I would like to express my concern over Renate Hess December 6, 2001 the proposed settlement in the DOJ— Trial Attorney: Antitrust Division Attorney General John Ashcroft Microsoft case. I understand I may not be U.S. Department of Justice US Department of Justice getting the whole story, but from what I 601 D. St. NW Suite 1200 950 Pennsylvania Avenue, NW understand, there are no provisions for anti- Washington, DC 20530 Washington, DC 20530 competitive pricing on the part of Microsoft. Subject: Microsoft Penalty Dear Mr. Ashcroft: No matter how ‘open’’ the market is to other Gentlemen I am a ‘home’ computer user As a user of Microsoft, I fully support the middleware developers, if Microsoft can just that uses Microsoft’s Windows 98 for eMail, current settlement in the Microsoft Antitrust bundle their middleware in with the operating system, how likely is it that a snail mail correspondence, and occasional case, Microsoft has endured three long years consumer will have the know-how or web browsing. I am not an accomplished of legal action, and it is time that legal action inclination to remove a bundled piece of high-tech user. However, I was pleasantly against Microsoft is stopped. software such as instant messaging or a web surprised by the recently published I am following the economic recession, and browser, and then have to shop around and recommendations of the various dissenting am concerned that continued legal action purchase a competing product. It is a well- states, for solution of the Microsoft case. The against Microsoft would only foster the known fact that com- puter users get particular part that interests me, and I would current economic climate. We need Microsoft comfortable with products and don’t change imagine would interest others, is the to get back to business and out of the courts. them often unless they are causing some kind following: Stopping this legal action is best for the of problem: If competing products are only ‘Have Microsoft offer a lower-cost, striped- economy, the consumer and the software on-par or even just a little better, there is no down version of the Windows Operating industry, Thank you. real incentive for some- one to spend money system without Microsoft’s multi-media Sincerely, on a competing product. software, Internet Explorer Browser or email MTC–00030697 The only way I can see this deal working program.’ is that Microsoft cannot be allowed to give Dec 18 01 10:25a I choose to use other sources for these parts away products that com- peting companies Richard S. Vann of my computing, but am interfered with by have to charge for. If Microsoft software is as 336–722–2895 the Windows parallel programs. I am not good as they say it is, consumers will have Fred F. Steen III qualified to comment on other no problem paying for it. Each piece of recommendations of the dissenting states. Town of Landis, NC software Microsoft makes should be able to I would also hope that Judge Colleen December 18, 2001 stand on its own. If the only reason, people: Kollar-Kotelly applies some stringent Fax Cover Sheet are-using it, is because it was free and ‘not restraints to Microsoft to eliminate the scorn To: Renata Hesse that bad’’ in comparison to the competition, that Microsoft’s management has shown for Trial Attorney then this whole lawsuit was. for nothing U.S. antitrust laws. Department of Justice except to waste taxpayer money. 743 Briar-wood Way From: Fred Steen I am also concerned that people are talking Campbell, CA 95008–5527 Mayor of Landis, NC about the technology market sector as being 408–369–9487 Fred F. Steen, IX, Mayor a factor in settling this case. The law is the Fax 408–377–6374 Town of Landis, NC law, and money is money The idea behind Rennet Hess MTC–00030694 having laws is to protect the public good. If Trial Attorney Microsoft broke the law then they should be December 15, 2001 II:11 AM Antitrust Divison Department of Justice punished and no amount of money should be From: Software Marketing 601 D Street NW, Suite 1200 able to change that, including the stability of Fax #: 614–459–1790 Washington, DC 20530 the stock market. The market goes up and Software Marketing Center, LLC Dear Ms. Hesse down as the economy does. No matter how 4149 Winfield Road I would like to urge that Judge Kollar- large Microsoft is, they are not the sole factor Columbus, OH 43220 Kotelly approve the settlement that the U.S. in the stock market’s health. The only thing December 15, 2001 Department of Justice has worked out with that should be of concern is. if justice is Attorney General John Ashcroft Microsoft as well as nine other attorneys being served.: the law is supposed to be the US Department of Justice general including our attorney general in great equalizer, where everybody is the same. 950 Pennsylvania Avenue, NW North Carolina As an elected official, I have If the law treats this case differently because Washington, DC 20530–0001 always been wary of government lawsuits of financial concerns, then Justice is not Dear Attorney General Ashcroft: against private business and I was an being served. I believe that it was a tremendously opponent of this particular lawsuit from the Citizen and avid computer user important and beneficial decision for the start. But now that the parties have come to Department of Justice to have settled the case an agreement, I think it is important for MTC–00030699 against Microsoft. Having spent the past everyone to move on particularly considering Trevor Carlson twenty years in the software business, I can the state of our economy. 132 North Valley bad attest to the positive impact that Microsoft There can be nothing gained by continuing Naselle, WA 98638 and other innovative companies have had in on with a trial against one of the finest I have personally felt the heavy oppression contributing to the remarkable productivity companies in America, which makes the of Microsoft’s monopoly, forced to buy
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Windows, unable to get a program that can MTC–00030700 states have a right to inspect all Microsoft perfectly interpret Word files, and unable to American Homeowners documents and all source code for any remove Internet Explorer; and therefore I Grassroots Alliance Microsoft program, interview any Microsoft followed with interest the Microsoft Anti- December 18, 200l employee, and order Microsoft to prepare any Trust case. I am disappointed with the Renata Hesse report under oath regarding any issues proposed settlement however, and was glad Trial Attorney relating to the final judgment. Any person to learn I could give suggestions. Antitrust Division may complain regarding noncompliance to In order to allow competition to flourish, U.S. Department of Justice the Justice Department, the states and/or the three features must be included in the 601 D Street, NW., #1200 technical committee and the plaintiffs can antitrust agreement. Each is meant to address Washington, DC 20530 immediately initiate proceedings to hold the Microsoft monopoly in one area. By fax and Email: [email protected] Microsoft in contempt. We see no loopholes I. Windows must be included as an extra- Dear Ms. Hesse: in this remedy. cost option in all computers. We are writing to comment on issues in the Our members have not urged us to support People who do not want to purchase settlement of the Microsoft antitrust case. We more stringent sanctions against. Microsoft. Microsoft Windows are still forced to do so also wish to commend the Department of In fact we believe there is little or no because of agreements between Microsoft and Justice for negotiating a fair and reasonable consumer opposition to the revised proposed computer manufacturers. As it stands now, Revised Proposed Final Judgment in the case, final judgment. We oppose many of the the perceived cost of Windows to consumers and to urge the Department to resist efforts suggestions of Microsoft competitors, directly buying a computer is exactly nothing, giving of Microsoft competitors to undermine the or through their influence of federal an incredible burden to anyone who dares to proposed settlement of the case. legislators, state attorney generals, or third compete with Microsoft in the area of The American Homeowners Grassroots party organizations, for settlement provisions Operating Systems. In order, to restore Alliance is the national advocacy designed to increase their market share. competition in this area, computers will need organization representing, along with its These companies do not represent to be offered without Windows. sister foundation, the nation’s 70 million consumers, and consumers have made their That means that Microsoft cannot sign homeowners since 1983. Our interest in this preference for the Windows operating system exclusive deals with computer case comes from the fact that nearly 60% of known by their actions in the marketplace. manufacturers, the cost of the operating homes have one or more computers. Those We thank you for the opportunity to system must be visibly included with tools are increasingly important to present our views on this case. computers, and the operating system must be homeowners who depend on them as tools Sincerely, available at that price without having to buy for personal and business communications, Beth Hahn a computer. financial management and planning, adult President and children’s education, and also to manage 2. Windows file formats must be available MTC–00030701 the rapidly growing number of home-based for people to copy. Dec 19 01 04:26p Richard S. Vann 336–722– There are people who are forced to buy businesses. In the early history of the personal computer industry there were many 2895 p.1 Microsoft Word, not because it is the best Vernon Robinson software for the job, but because everyone choices for operating systems, much as there are in cellular telephones in the U.S. today. South Ward Alderman else has it. They do not want to loose The utility of personal computers was Winston-Salem, North Carolina business just because they cannot understand undermined by the inability of software Fax Cover Sheet a file that was sent to them by a customer. written for one operating system to work on To: Renata Hesse While almost every Word replacement a different operating system, just as the Trial Attorney includes a converter to get information from incompatibility of today’s cellular telephone Antitrust Division Word files, they do not work all that well operating systems is a limiting factor in their Department of Justice because Microsoft has not revealed how value to consumers. Over time the Microsoft Case Comment for Federal Register Word files are stored, forcing them to use development of many types of software for Dec 19 01 04:27p Richard S. Vann 336– guesswork to determine the format. Of the Windows operating system lead more and 722–2895 p.2 course, if people have to buy Word anyway, more consumers to select the Windows Vernon Robinson they have no need to buy a product that does operating system. Consumer preference for a South Ward Alderman the same thing as Word. wide variety of software applications, Winston-Salem, North Carolina Forcing Microsoft to reveal the file format convenience, and ease of use also lead to a Renata Hesse used in their products would let their consumer preference for the integration of Trial Attorney products compete on merits, not on market software applications into the Windows Antitrust Divisions share operating system, Department of Justice 3. The third and final features is not meant The evolution of the Windows operating 601 D Street NW., Suite 1200 to address a current monopoly, but one that system into an industry standard through Washington, DC 20530 may develop in the future and must be consumer choice is the most valuable Dear Ms. Hesse, prevented. consumer benefit of Windows. Actions taken As an elected official who represents If Microsoft were to change networking to address Microsoft behavior should, in no taxpayers, I am pleased that Judge Kollar protocols, (the language used to case, undermine the current right of Kotelly has before her a settlement communicate between computers) they could consumers to select Microsoft operating agreement, which has been reached between force everyone on the Internet to choose a systems and popular arrays of integrated Microsoft and the U.S. Department of Justice. side; between Microsoft and their protocol software applications. We believe the revised I hope that this agreement will be signed off and everybody else. This would almost proposed final judgment strikes the right on soon. certainly force everybody to bow to Microsoft balance in effectively addressing Microsoft’s As one who has urged fiscal restraint in all in order to communicate to anybody else, unacceptable practices and also preserves matters and less government involvement in allowing ‘Microsoft to seize complete and consumer choice. The agreement calls for people’s lives and businesses where possible, utter control over the Internet. uniform pricing and allows computer makers I have been displeased with what I believe The solution to this is to force Microsoft to flexibility to configure Windows and to have been the unwarranted pursuit of reveal networking prtocols, and to keep them promote non-Microsoft programs. Both Microsoft, not to mention the $30 million in from changing unless approved by au interfaces and protocols necessary for other taxpayers money used to prosecute this case independent network protocol governing software to work with Windows must which was so quickly overturned by the body. These three features will destroy disclosed, and both retaliation and exclusive Court of Appeals. Microsoft’s grip on the computing world if agreements are prohibited. An independently However, since the U.S. Department of implemented. Although they may seem appointed permanent technical committee Justice and Microsoft plus several attorneys radical, they must be the only moves that will monitor compliance and assist with general have sought to end this sad affair, I will stop Microsoft. dispute resolution. The U.S. or any of the would certainly endorse this settlement
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rather than pushing on year after year and CD CHUCK BATIS, PC Finally, the manufacturers were the other devouring even more taxpayer dollars. I December 17, 2001 side of the equation! IBM, Compaq, Gateway, know that in any settlement, both sides will Reneata Hesse, Trial Attorney, Suite 1200 Dell and Micron (and all the others) all knew get what they think are victories but not get Antitrust Division, Department of Justice the licensee were illegal but chose to sign everything they want. That is also true of 601 D Street NW., anyway. They were complicit in the illegal compromises which come up at the city level Washington, DC 20530 activities of Microsoft and should share in upon which I must vote each month. Re: Microsoft vs. Public the pain. They should be at least required to As an alderman, there is one thing I have To Whom It May Concern: refund, to any customers who requests that learned about endless litigation. It is not good I am writing to express my frustrations retail value of the Windows licenses they for anyone. When our city is sued, it takes which again today have been piqued by the forced unwilling customers to purchase in time and resources that should definitely be United States Government order to other hardware products. This action spent on other matters. It often means hiring I would like to suggest three parts of of would put businesses (a legal position of outside counsel which is expensive. what I think should be included in my expense and promoted by Congress at every Eventually, if the city is plagued with too effective remedy: (1) Enjoin the U.S. session). many lawsuits, it begins to affect our budget Government and governmental agencies from Please include in the settlement whatever and brings about increased need for higher requiring us to use Microsoft products to it takes to allow business to be conducted in taxes. conduct business in the Unites States; the United States with both federal and state I encourage approval of settlement in this (2) Prohibit maufacturers from preloading governmental agencies the Microsoft -free case for the sake of the taxpayers. any operating system on these products; environment. The government should not be Sincerely yours, (3) Include ALL offenders in the remedy. allowed to require businesses Microsoft Vernon Robinson As for part one. We are required by the products in order to conduct business in the Congress to file taxes with the IRS South Ward Alderman United States. Currently the U.S. Government electronically. The only viable provision the 2713 Edinburg Drive, Winston-Salem, NC is schricopherenic—one segment ones IRS has made to accomplish this feat requires 27103 Microsoft for monopolies tactics while the us to use Windows. Additionally, today I rest of the government requires us to MTC–00030702 received notice from the U.S. Postal Service that they will no longer publish the national purchase Microsoft products. Only the 19/19/01 15:04 zip code directory in hardcopy but we can Government can possibly be that disoriented! FAX 330–678–1007 order an electronic version—of course the Thank you for any relief you choose to KINKO’S KENT OH 002 electronic version (of which all businesses provide U.S. based businesses. 1026 H Allerton St. will require at least one copy) only works on Very truly yours, Kent, OH 44240 Windows. Chuck Davis, CPA December 19, 200l This amounts to a direct U.S. Government MTC–00030704 Renata B. Hesse, Trial Attorney subsidy of Microsoft and requires all Antitrust Division business to ‘‘invest’’ in Microsoft crapware— Attn Charles A. Jones U.S. Department of Justice supporting that monopolistic empire. The this letter pertains to the ownership and 601 D Street NW., suite 1200 court should put a stop to this nonsense by lawsuit with microsoft. I own microsoft. I Washington, DC 20530 requiring U.S. and said governmental have no understanding how you can file Dear Mr. Hesse, agencies to release all software in form that lawsuit against the co. without me The American ideal is to have products is free of dependence upon the presence of representing the co. or making sure the co is thrive in an open market where competition the Windows API-software that can run on a properly reprresented. I don’t understand fosters improvements and new technologies. variety computing platform. If the how you can file lawsuit against this co. Did Microsoft has been found guilty of violating Government wants to use Microsoft products you investigate any to know who owns this ideal by illegally maintaining a that is up to the people the Government has microsoft. I’ve called you people and told monopoly on its Windows operating system. to make those decisions. But government you this more than once. I would like a reply. To remedy this situation I feel that Microsoft employees should not be allowed to require Kevin Olland W6763 Co. Rd A should be compelled to do the following: those of us in business to use Microsoft Spooner, Wi. 54801 • Microsoft should be required to make products if we citizens choose to use other 715–635–8837 10pm-2pm Microsoft 0ffice available on at least five computing environments. No use of the Mon-Fri other non-Microsoft operating systems Windows API should be allowed in MTC–00030705 without price differences between the governmental software release. Please require Microsoft and non-Microsoft versions. the government to release all future 12/20/01 THU 10:20 FAX 001 • Microsoft’s present and future document applications for multiple platforms and December 19, 200l file formats must be made public so that retrofit all current applications within a Renatta Hesse documents made in Microsoft applications period of two years to eliminate calls so the Trial Attorney can be read by other applications on other Windows API. Antitrust Division operating systems. Part two: I manufacturers were required to Department of Justice • The Microsoft networking protocols and ship their product ‘‘naked’’ a whole new 601 D Street, NW., Suite 1200 Windows application program interface (API) economic boom would. Third parties would Washington, DC 20530 should be made publicly available. spring up to in still the customer’s choice of Dear Ms. Hesse; • Microsoft should not be allowed to operating system and software applications. I am writing this letter to you in support retaliate against computer manufacturers that There is certainly for this in the IBM anti- of the Consent Decree proposed by the sell personal computers with a non-Microsoft trust settlement of past decades. This would Department of Justice in the case of US v. operating system. Microsoft has been found mean all software application developers Microsoft and pursuant to the Tunney Act, guilty of illegally maintaining its monopoly would have an equal opportunity to market which allows public comment on such and the current phase in the lawsuit is to share through value added resellers. matters. I believe the settlement proposed by determine Microsoft’s penalty. Any Furthermore, I can think of no other single the Department of Justice is fair and should settlement must be punitive and insure section which would give an much improved be accepted by the court. Microsoft’s cooperation in the American usability of both hardware and software I work in the technology industry and have ideal. components. If either hardwre or software watched this case very closely since it first Sincerely, were difficult to use resellers would choose began some three years ago. Though I didn’t Dennis Jarecke to install alternative components other agree with all of the assertions made by providers. This would stimulate competition Microsoft’s competition, there was some MTC–00030703 in the marketplace like no other option than validity to their position. It was important to Sent By: NORDIC SERVICES INC: I have heard suggested. Microsoft would have have the issue heard in a court of law and 2065249014: Dec-19–01 9:51AM: to compete on an even playing field with all allow the facts to come out. But when Judge Pane 1⁄2 other providers. Jackson pushed for breaking up Microsoft
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and the hi-tech industry started a rapid serious virus spread (Melissa, etc.) through bracket, it would translate into 300 million decline, I felt the case had gotten out of hand. Microsoft Outlook software. Due to the tax saving. And would they end up with 160 It is now time to resolve the matter and move extremely unthoughtful construct of their million dollars gain after settlement? Even if forward. email software and operating system, a third the tax write-off is calculated using 140 The settlement proposed by the party software that is attached in the email million, their out-of-pocket expense would Department of Justice should be accepted can easily gain control of the desktop only be 60% of the 140 million which is 84 because it is fair. The remedies proposed in systems. To my personal knowledge, no other million. So is US government telling their the settlement will address future issues and email software/platform can spread and get citizens that Microsoft will be punished with are adept at fixing any challenges which may virus except Microsoft Outlook. a paltry 84 million dollars or even 160 arise from rapid technological innovation. It 2. Microsoft has repeatedly demonstrated million gain in another calculation, after all ensures competition by forcing Microsoft to their incompetence in writing secure and of these? With this donation, Microsoft disclose information on the operating system. bug-free software. The latest release of would obviously be making a lot of inroads They can no longer enter into agreements of Window XP has such a serious security flaw so swiftly into the education market which exclusivity and they cannot retaliate against that a hacker can gain the control of the was/is entrenched by Apple company, and manufacturers for helping to develop personal computer as soon as the personal that the schools will probably end up paying competing software. computer gets onto internet (http:// so much more for Microsoft monopoly. The current agreement proposed by the dailynews.yahoo.com/h/nf/20011220/tc/ Till this day, the price of every single Department of Justice will remedy past 15458 l.html. Unfortunately this is not the component inside a PC has gone down by violations by Microsoft while ensuring the first serious problem, nor probably won’t be probably more than 80%, except Microsoft technology industry remains innovative and the last. The number of patches to their operating system and its software. Microsoft competitive. Solutions being suggested by different versions of operating systems have is the only company that still enjoy a gross Microsoft’s competitors will not make the been just endless. Without bringing in a more margin of more than 80%. Only when there industry more competitive. fair competition into the operating system are meaningful competitions, we can start to Though I realize closure is not the issue for marketplace, and software in generally, we see any price erosions. And the worst of the the courts, I do hope they will take into would wait in eternity for Microsoft to worst about the Microsoft monopoly is that account what settling the case against improve on their quality of product. we the consumers will pick up their faulty Microsoft will mean to the technology 3. The stronghold on operating system by products without any choice and suffer all industry. As this case drags on, so does the Microsoft has enabled this shameless the inconveniences. insecurity of the hi-tech industry. I currently company to expand into one software market Sincerely yours, work for a dot-com company. Since the day after another. In the last few years, I have Sean Lee Judge Jackson ordered a break up, things personally witnessed the disappearance of [email protected] have not been the same. Because many in our other great software company one after ** TOTAL PAGE.03 ** industry are nervous about the impact to another. By withholding critical MTC–00030707 Microsoft, our ability to plan for the future documentation and information on their is difficult. If US v. Microsoft is settled, we operating system, Microsoft was able to 12/21/01 01:31 714 368 6610 will get back some sense of security in our produce much better products than its UNIT 1 OPERS A72 industry. It is the sort of boost we desperately competitors. Since all other software must 001/001 need right now. interface with the operating systems to do December 21, 2001 As I mentioned before, the case against anything with the computer screen or Renata Hesse Microsoft may have been justified in the keyboard or mouse or any devices, in general Trial Attorney, Suite 1200 beginning. But Judge Jackson, the break up, it is close to impossible to write software Antitrust Division and the extreme politicizing practiced by without sufficient documentation on a I have a few comments I would like to competitors has caused the issue to get certain operating system. Throughout the express regarding the proposed final completely out of hand. The settlement is a years, I have seen the dwindling or settlement of the U.S. vs. Microsoft Corp. fair and prudent one, I hope the courts will disappearance of WordPerfect (word case. accept it and the case so we in the hi-tech. processor), Borland (software compilers), Microsoft Corp. has been found guilty of industry can restart the expansion where it Lotus 1-2–3 (spreadsheets) companies. In ‘‘illegally maintaining an operating system left off. every case, I have witnessed that these (OS) monopoly.’’ The function of the court is Brenda J. Zamzow companies were not able to provide a fancier to now determine the penalty for the crime. Senior Vice President graphics on the screen or easier controls at The current proposed settlement does Internet Directories USA, Inc. the same time as Microsoft put their products nothing to prohibit Microsoft from 2461 Santa Monica Boulevard, Suite 408 out. It is simply an outrage when Microsoft continuing their campaign of monopolizing Santa Monica, CA 90404 compilers won over Borland compilers with the computer software market. Tel: 31O-453–3455 inferior constructs, but better graphics. I will I was amazed to see the Microsoft proposal Fax; 31O-453–7553 not elaborate on the technical details, but to that they be ‘‘punished’’ by giving away their Email: [email protected] simply state that Microsoft initial compiler software to schools. As Mac/Apple has long www.idusa.com products on C++ language is close to a joke. been the OS of choice in US schools, this This Microsoft company created such a punishment is nothing more than a Microsoft MTC–00030706 laughable product that basically shows their attempt to gain a larger share of school DEC 20 ‘‘01 18:24 FR BROADCOM ignorance on C++ language. exposure. This and they will be able to write 949 450 0244 TO 12023071454 Even after so many generations (Win 2.0, off the cost of this ‘‘punishment’’ to further P. 01/03 Win 3.0, Win 3.1 Window 3.2, Win 95, Win their monopoly. I find it laughable that the To DOJ, 98, Win ME, Win XP) of their operating guilty party is allowed to ‘‘suggest’’ their I’m writing to express my anger over systems, their operating systems still hang punishment. Any true punishment to Microsoft and the current state of Microsoft without notice. I don’t know when it would Microsoft must limit their ability to continue anti-trust lawsuit. The US government is too be the time that I don’t need to unplug my their monopoly. In order to do this I propose easy on Microsoft. Microsoft must be much notebook battery to be able to reset my the following as a just and reasonable more severely punished to bring a more notebook simply because my Win 98 hangs. penalty; competitive marketplace into the software The lost time and wages to maintain faulty Microsoft products must be made an extra- industry. There are more examples than I can systems of Microsoft is just unimaginable. cost option in the purchase of new write to demonstrate the harms Microsoft Now that Microsoft wants to settle this computers, so that the user who does not have done to the software industry and lawsuit by donating 1 billion dollar of their wish to purchase them is not forced to do so. consumers. I will only list a few here: faulty product (which will cost them only There are several viable OS’s now on the 1. Before Microsoft Outlook email software, 140 million according to their latest financial market. The industry (Microsoft) should no it is SIMPLY IMPOSSIBLE to spread virus report), and plus that they probably get a tax longer be allowed to choose which OS is through emails. There have been at least two write-off of 1 billion dollar. At their -30% tax installed for you. In order to make the
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playing field even, allow the end user to 2. Necessity to show the Microsoft Dear Mr. Ashcroft: decide which OS they desire. Allow market operating system as an extra-cost option for Like many other people. I have often felt conditions (price/value) of the OS dictate buyers of a new computer. This would that Microsoft’s anti-competitive stance may which one an end user purchases. facilitate buyers of a new computer to choose have been a little restrictive, but I am not Installing Microsoft Internet Explore must an operating system themselves, or buy a sure that it has really ever risen to the level be made optional. Not pre installed in any computer without an operating system, using of a lawsuit. The computer technology sense of the word. Remove all links which an existing license or another operating business is largely comprised of people who attempt to make this the Browser of choice system. Futhermore, it would enable buyers would rather see a freer exchange of (default) after loading it. Allow equal access of a new computer system to make an information. Microsoft plays a little closer to to other Internet Browsers without favor. informed decision about which operating the vest and this annoys some. However, I I realize this is a very complex issue and system to buy or use, using all information have always believed that a lawsuit like this you are not treating it lightly. However, this available in regard of stability, security and will end up just as harmful for the entire decision will impact the future of the entire compatibility. technology market as it ever would for any computer industry. Microsoft has created 3. Networking protocols and protocols for one company. many valuable innovations in the industry. new applications of Microsoft must be This is why I believe that the settlement That does not give them to right to dictate published to the public and approved by an between the Department of Justice end history. That is the role of the court. independent protocol body. This would Microsoft is a good one and should be Thank you for taking the time to prevent Microsoft to extend its existing sustained throughout this public comment understand my point of view. monopoly by seizing other areas and enable and review period. Doug Lahann users of other operating systems to use such I am hoping that we can all get through this 26633 Guadiana enhancements. review period without initiating any further Mission Viejo, CA. 4. Forcing Microsoft to open all current action. Any such action will most certainly 92691–5904 and future patents involved in the operating hurt the entire computer technology market system business to the public and to grant a even more than it has already been hurt. Our MTC–00030708 public license free of royalties and country is only now beginning a slow Dec-24–2001 02: 58pm From- discrimination on such patents. Nowadays in recovery back to relative normalcy. I would T-557 P.001/002 F-482 the computer business, patents are the hope that our national and state leaders Trial Attorney Renata Hesse perfect tools to monopolize any future would do nothing untoward to dampen this Suite 1200 developments in that industry, preventing recovery. Anti-Trust Division enhancements by other developers. This Josh Kewley Department of Justice would prevent Microsoft to extend its current VicePresident 601 D Street NW., monopoly into areas of future computer MTC–00030710 Washington, DC 20530 industry development, be it Hardware or Jens Gecius Software. Claude David Baldwin 53 Sherwood Drive Finally. I would like to point out that this 1212 Haig Circle Larchmont. NY 10538 Anti-Trust case is in the national interest, Virginia Beach, VA 23456–1613 FAX 202–307–1454—two pages and that I believe that it is crucial that December 19,2001 Dear Trial Attorney Renata Hesse: Microsoft’s monopoly will not be extended. Renata Hesse, Trial Attorney I am writing you today in response to the Even the highly respected Center for Strategic Suite 1200 invitation of public comment on the and International Studies recently pointed Antitrust Division proposed Settlement of the Mircrosoft Anti- out that the use of Microsoft software Department of Justice Trust case. actually poses a national security risk. The 601 D Street NW., I am an amateur systems application latest serious security flaw in Windows XP Washington, DC 20530 developer and enthusiastic computer user, shows once again how ruthlessly Microsoft Dear Renata Hesse: familiar with many aspects of programming acts. It is outright declining to send a simple I am writing to express my opinions on the and administering a computer system as well email reminder to its customers, hence proposed settlement between the Department as following the development of the putting at risk computers of their own of Justice and Microsoft Corporation. computer Industry. customers as well as other computers world- Microsoft Corporation was found guilty at I have also been following the Microsoft wide due to ‘‘hijacked’’ computers running trial of having maintained an illegal Anti-Trust case and like to take the this again insecure version of Windows. operating system monopoly and of having opportunity to comment on the case. I cannot Microsoft would be more diligent to get all illegally tied its Internet Explorer to its see that the proposed settlement is a remedial affected computers fixed if it would not be monopoly operating system. When Microsoft action for the illegal maintenance of a a monopoly In conclusion, everybody agrees appealed the appellate court threw out the monopoly Microsoft has been found guilty of. that the resolution of this case is of great guilty verdict as pertains to the browser but I do not see any penalties in the proposed importance, not only for now but also for said yes, Microsoft did in fact illegally settlement for Microsoft, actually, even many years to come. Therefor, I suggest a maintain an operating system monopoly. In enhancing the current monopoly Microsoft careful and deliberate decision is worth far light of the appelllate court finding I feel the has been found guilty of maintaining more for the national interest than a hasty proposed settlement between the Department Monopolies have never proved to benefit the one. of Justice and Microsoft Corporation is public and national interest. Thank you for considering my comment. lacking in several key areas. As a minimum of a remedial action, I Yours sincerely, If the purpose of the sertlement is to would see four penalties: Jens Gecius remove barriers illegally maintianed by 1. Full disclosure of all Windows 53 Sherwood Drive Microsoft to competition then I feel the Application Program Interfaces (API) and Larchmont, NY 10538 following changes need to be made to the other specification documents for Microsoft proposed settlement: products to the public using a license to MTC–00030709 1. Any remedy seeking to prevent an enable everybody to write applications, insario 14354 Morht Frank Lloyd extension of Microsoft’s monopoly must system-drivers, and API and such, to enable Wright Blvd place Microsoft products as extra cost third parties to develop any such program, Suite 21 options in the purchase of new computers, so driver, or API being compatible with Scottsdale, AZ 85280 that the user who does not wish to purchase Microsoft’s current, former and future 480–281–1582 them is not forced to do so. This means that products. Such a license has to be free of December 21, 2001 for the price differential between a new royalties and discrimination of any kind. Attorney General John Ashcroft computer with Microsocft software and one Microsoft must be prohibited to extend any US Department of Justice without, a computer seller must offer the such API or other specification without 950 Pennsylvania Avenue, NW., software without the computer (which would proper publication. Washington, DC 20530 prevent computer makers from saying that
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the difference in price is only a few dollars). Suite 1200, Antitrust Division, Department of Microsoft has used their monopoly Only then could competition come to exist in Justice, strength to establish their network browser as a meaningful way. In my career I have 601 D Street NW., W the default for both Windows and Macintosh purchased many computers each of which Washington, DC 20530 computers. There is strong evidence that came supplied with Microsoft products 202–616–9937 Microsoft designs elements into their although I do not and have not for some time Dear MS Hesse, operating system and applications to use Microsoft products I was given no option I am writing in reference to the proposed disadvantage users of non-Microsoft to purchase the computer hardware without Department of Justice settlement with products. the Microsoft products installed. Thus I paid Microsoft. While I am not hostile to Microsoft I predict that Microsoft will use its Internet Microsoft for products I had no intention of (I am writing this in Microsoft Word), I am Explorer browser application to disadvantage using. A ‘‘hidden’’ tax that went directly to concern that the proposed settlement is far users of Java. Microsoft will then Microsoft. too weak. Despite the fact that the company subsequently offer its C# language to users 2. The specifications of Microsoft’s present has been found to have abused a monopoly who are frustrated with Java’s problems and future document file formats must be position, it is effectively being let off with no under Internet Explorer. made public so that documents created in punishment and minimal oversight to avoid Do you believe that the settlement of the Microsoft applications may be read by future violations. This is all the more United States v. Microsoft anti-trust case can programs from other makers on Micorsoft’s or troubling since a previous deal was struck prevent such a scenario? If not, the other operating systems. By keeping these file several years ago, and Microsoft brazenly settlement stands in need of revision. formats secret and changing them frequently, flouted it. Sincerely, Microsoft stifles competing programs. I am not in favor of the proposed breakup Mark Wilkinson 3. Opening the Windows application of the company’s software operations. I do cc: Michael H. Morris, General Counsel, program interface (called the API, the set of support policies along the following lines: Sun Microsystems, Inc. ‘‘books’’ that allow other parties to write * Microsoft networking protocols must be MTC–00030713 applications for Windows operating systems), published in full and approved by an which is already part of the proposed international standards body. MIS-On-Call, Inc. settlement. Microsoft has in the past only * Past and future Microsoft document P.O. Box 5746 Santa Clara, CA 95056–5746 provided this information to its internal staff formats must be published in full. December 21, 2001 and close development partners thereby * Microsoft Internet content and service Attorney General John Ashcroft putting all other software developers at a properties should be broken into a separate US Department of Justice disadvantage. Only by opening this interface business. 950 Pennylvania Avenue, NW will true competition be possible. Finally, it must be made clear that any Washington, DC 20530 4. All Microsoft networking protocols must portion of the settlement that requires Dear Mr. Ashcroft: be published in full and approved by an information to be made available requires Since 1982 I have used computer software independent and inter-national network that it be made available to all requesters. regularly for work, school, and personal protocol body. Bodies such as the Internet That includes independent software reasons. During this time I witnessed most Engineering Task Force (IETF), ECMA, or the developers and hobbyists, not only corporate major changes in software products by World Wide Web Consortium(W3W) are entities. Microsoft, IBM, Lotus, and Corel. In an effort examples of such bodies. This would prevent Thank you, to address my needs for the best product over Microsoft from seizing de facto control of the Jonathan Singer a period of ten years, I had switched back Internet. and forth from one company’s product to MTC–00030712 In addition to these comments I would like another company’s product. Around 1992 I to add that Microsoft has, in the past, agreed 25736 Yucca Valley Rd. had settled in with most of Microsoft’s to certain restraints on its behavior and failed Valencia, CA 91355 product lines and have used them to do so. In any settlement there must be 21 December 2001 continuously ever since. My reason for immediate and severe enforcement remedies Renata B. Hesse choosing Microsoft’s product is truly because to insure compliance with the terms of Antitrust Division Microsoft’s products offer what I need and in agreement. U.S. Department of Justice most cases more than what I could ever use. Thank you for the opportunity to comment FAX: 202–307–1454 or 202–616–9937 With this in mind I know Microsoft has on the proposed settlement between the To the Public Servants of the Department invested and added value in their products Department of Justice and Microsoft. I hope of Justice: beyond what consumers could have received you will take my comments into I wish to share with you a prediction of from Microsoft’s competitors. consideration. A level playing field is the Microsoft’s plan for the Internet. I wish you I have very quickly concluded that this only way this country can contribute to to ask yourselves if the settlement to the lawsuit against Microsoft by our government innovate in the computer software industry United States v. Microsoft anti-trust case has been a great injustice. Since the great and insure continued economic and national could prevent such a scenario. industrial revolution period there were success. As you may be aware, in the mid- 1990s various other such antitrust actions that have Sincerely Apple Computer was in a difficult financial occurred throughout the years, and this is a Claude David Baldwin position. Microsoft aided Apple Computer prime example of creating a public crisis out PS: In light of the events of September 11, with a large purchase of non-voting stock. In of good. I know our nation must balance 2001 and the subsequent anthrax attacks via exchange for this stock purchase, Apple economic concerns with social concerns and the United State Post Office I am also sending Computer was required to make Microsoft’s I believe Microsoft understands these this letter by email to insure that you will Internet Explorer the default Macintosh concerns and know their value as well. receive it prior to the end of the comment browser application. I am relieved to see that the government period. I will send the email with my PGP You are also aware that Microsoft’s illegal and Microsoft have agreed to a settlement of signature. You may verify my signature a any anti-competitive behavior captured this suit. The settlement appears fair, I of the public PGP keyservers, e.g. http:// dominance in the network browser suppose, from the government’s standpoint. certserver.pgp.com/ application market from Netscape Navigator. I am hoping that this period of public I predict that Microsoft will eliminate Sun comment will sustain the settlement so that MTC–00030711 Microsystems’’ Java through the use of its we can put this entire unfortunate business 12/25/01 TUE 18:05 FAX 617–258–8321 monopoly strength and browser application. behind us. WHITEHEAD INST. 4TH FL Because a network browser is the primary Throughout this entire process, I am at Jonathan Singer interface between Java and the computer, this least appreciative of the current leadership at 19 Wyatt St is feasible. I believe they will do this through the Department of Justice that has seen fit to Somerville. MA 02143 the deployment of the C# (C Sharp) settle this thing. I am certainly hopeful that Renata Hesse, programming language, which has elements no further federal action will be taken. Trial Attorney to replace Java. Sincerely,
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Joseph Hanlon, CPA, CIS, MCP, A+ private sector with intent to coerce Microsoft technology companies are waiting for a President and Chief Executive Officer. into an inferior position. Federal penchant settlement before making new investment for control and intervention has cost our decisions. Computer training centers across MTC–00030714 country dearly. Orange County are turning out hundreds of Dec 21 01 03:12p p.1 Harassment by Justice shook Microsoft so Microsoft certified technicians who won’t Michael Green that public investors lost money in that find work until the case is settled. The 811 Chicago Ave. #5O8 protracted process, Great public expense is examples of the economic impact of this case Evanston IL 60202 accrued as Justice continues the process of are endless. December 14,200l ‘‘negotiating a settlement’’, an exercise that As you are also aware, California is facing Renata Hesse, Trial Attorney keeps federal lawyers employed at a budget deficit. I don’t think it is fair that Suite 1200, Antitrust Division taxpayers’’ expense. This DOJ exercise is the schools attended by many in these ethnic Department of Justice especially egregious because it does not add communities may go without books, yet the 601 D Street NW to national wealth or benefit and is a net government is considering spending millions Washington, DC 20530; decrement because federal employees do not more on the case against Microsoft. (facsimile) 202–616–9937 pay taxes, only recycle taxes revenues I support settling the case against Microsoft Dear Sir or Madam: originated solely by the private, profit- from two differing perspectives. As an I am a computer programmer and consider making sector. executive, I believe the case is damaging to myself knowledgeable of the computer Most federal employees do not know how our economy. More importantly, as a civic industry. I am writing concerning the the private sector works but insist on policies activist working with ethnic communities, I proposed Microsoft settlement with the to inject government into private affairs know this case is having a negative impact. Department of Justice. Since Microsoft has causing harm to the US economy and offense I hope the case will be settled. already been found guilty, I consider the to taxpayers, most of whom are not Sincerely, existing settlement to be severely lacking in dependent on government. My view of you Suzanna Tashiro-Choi several areas. and the Antitrust Division is similar to my MTC–00030717 As it is currently written, the settlement urgings to former President Clinton and his will not prevent Microsoft from continuing retinue; GO AWAY ! Stop doing harm to my 12/26/01 WED 15:46 FAX 7O4 541 0259 country and taxpayers who are coerced to their anti-competitive behavior. Also, it FAX 001 support frivolous federal behavior. provides no penalty for Microsoft’s past Thomas Paul Weldon, PhD, P.E. Sincerely behavior. A meaningful settlement needs, at 9026 Roseton Lane R. Barry Ashby a minimum, the following: Charlotte, NC 28277 •Both the Windows API and Microsoft MTC–00030716 December 26, 200l Renata Hesse, Trial Attorney, document formats (MS Word, MS Excel, etc) December 21,2001 Suite 1200, Antitrust Division, must be made freely available to anyone who Renata Hesse Department of Justice, wants them. Department of Justice • 601 D Street NW, Microsoft networking protocols must be Fax (202) 616–9937 Washington, DC 20530; standardized by a standards body. This will Rc: US v. Microsoft Settlemcnt prevent Microsoft from using their private, To Ms. Hesse: Fax 202–616–9937 or 202–307–1545; proprietary protocols to seize control of new The settlement in the case of US v. e-mail [email protected] applications used on the Internet. Microsoft should be accepted by the courts I must vigorously oppose the Department • Microsoft products should be provided and I am writing to express my support. of Justice settlement in the Microsoft only as extra-cost options on personal My letter comes to you as a professional antitrust case, since I feel that the remedies computers, female executive, mother, and (most are woefully insufficient. The software should also be available for importantly) civic activist. I have been I ask that the Department of Justice and the same price as the difference between a extremely involved in the Orange County, Judge consider the long history of abuse of computer loaded with Microsoft products, California community. First, as the regional Microsoft’s monopoly, even though this long and one without any Microsoft products. representative for Governor Pete Wilson and history may not have been included as part This will prevent Microsoft from ‘‘bundling’’ now, as the President of a company of the trial. The long list of innovative an entire kitchen sink of applications with specializing in local community relations. companies and products that have been Windows, increasing the price of Windows My business serves the needs of numerous eliminated, primarily due to Microsoft’s (either directly or indirectly), and preventing ethnic communities including Hispanic, monopoly on their operating system include competition. Chinese, and Vietnamese. word processing (Word-Perfect), spreadsheets Sincerely, Over the last five years, I have seen the (Lotus 123), web browsers (Netscape), etc. It Michael J. Green financial stability of many in these ethnic is somewhat ridiculous that Microsoft Concerned, Informed Citizen communities rise to levels unimaginable presents itself as an innovator, when the initial commercial success of these product MTC–00030715 before the technology boom. New jobs were created, wages increased, and quality of life areas was driven by the aforementioned 12/21/2001 18:02 2023314212 dramatically improved. Many in the second companies. It is now clear that the demise of AGRI WASHINGTON and third generations of these communities these companies was primarily accomplished PAGE 01 are now training for jobs in the technology through monopolistic power in the operating Ms. Renata Hesse, Esq. industry. But, in the last six months, their system, and not by any superior innovation Antitrust Division financial stability has begun to erode. The at Microsoft. U.S. Department of Justice technology companies in Orange County In light of the unfortunate history of 601 D Street NW (Room 1200) have stopped hiring. Wages are beginning to Microsoft in abusing its monopoly, it is Washington, DC 20530 go down. Many members of the different imperative that the department of justice seek 10732 Hampton Road ethnic communities are concerned and real remedies that subdivide microsoft into Fairfax Station, VA 22039 beginning to look for financial assistance separate units and that provide forced 20 December 2001 they didn’t need just one year ago, Why am supervision of internal practices, with legal F : 202–616–9937 I saying all this in a letter about the case power and sanctions to prevent and penalize Dear Ms. Renata: against Microsoft? Because settling the case future abuses. Too much of the current As I express views following, please do not against Microsoft, in my opinion, is going to settlement is vague, leaves much to misconstrue them as personal but directed give a shot of adrenaline back into the interpretation, and allows Microsoft to toward larger issues of government’s role in economy. It will also free up some resources determine its own level of compliance. national affairs. I am not a particular admirer for the assistance needed by many of the The situation is all the more critical as of Microsoft and find fault with many of their people I work with. Microsoft enters the internet arena. We practices. But it was a sad day for America In my discussions with some corporate cannot afford to have the same monopolistic when Department of Justice intruded into the clients, I have learned that many of the abuses stifle competition on the internet,
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since the internet will play a very important 27 2001 12:55PM Pl Trial Attorney role in the economic future of our nation. December 27,200l Antitrust Division It seems to me that the settlement will also Ms. Renata Hesse Department of Justice encourage future monopolies to abuse their Trial Attorney 601 D Street NW, Suite 1200 power, when they see that Microsoft got less Antitrust Division Washington, DC 20530 than a slap on the wrist. Finally, the Department of Justice Dear Ms. Hesse: government has seemed to be influenced by 601 D Street NW, Suite 1200 Regarding the Microsoft settlement, the financial institutions and investors with Washington, DC. 20530 Microsoft’s largest rivals were disappointed great sums of money invested in Microsoft. Dear Ms. Hesse: when the Appeals Court took breakup off the Unfortunately, the government is not I understand that public comments on the table. However, you may be assured that they considering the great many investors whose Microsoft settlement are to be brought to your will find ways to use this settlement to investments were lost due to Microsoft attention. I offer the foliowing: inhibit Microsoft from competing in markets monopolistic practices. What about the For Microsoft, for consumers, and for they dominate today, (like Internet access, people who lost their investments in Lotus thousands of information technology high-end servers, and instant messaging.) The 123, Word-Perfect, Netscape, etc? Who will businesses that rely upon the Windows enforcement provisions of this settlement speak for those who were unfairly deprived platform, this settlement offers the chance to agreement would make it effortless to slow of their investment and those who were get back to work. It’s regrettable that this innovation and delay product launches by unfairly deprived of their entrepreneurial settlement goes beyond the issues upheld on filing multiple complaints, much like these opportunity? The department of Justice appeal. In addition, we may all regret having competitors attempted to do with Window MUST speak for them, loudly. Thomas a committee and the Court supervise the XP. For AOL Time Warner, Oracle, and Sun, Paul Weldon, PhD, PE future of software design. Nevertheless, this opportunities abound to hinder Microsoft by NC Licensed Professional Engineer 023548 settlement would bring to an end the most abusing the settlement agreement. There has North Carolina disruptive competitor-driven antitrust been no consumer harm as a result of any Professional Engineer campaign in our nation’s history, and that, actions taken by Microsoft. In fact, Thomas Paul Weldon Seal more than anything else, is something for Microsoft’s innovation has led to tremendous Q23648 everyone to celebrate. benefits for consumers, such as better Let me close by saying that given that the products and lower prices. Antitrust law is MTC–00030718 economy is now in recession, the last thing supposed to be about consumer harm, and on 12/27/01 THU 12:27 FAX 617 258 6321 we need is more litigation and regulation of that key issue, the government has failed to WHITEHEAD INST. 4TH FL 001 the high-tech industry. show any harm whatsoever. Jonathan Singer Sincerely yours, Yours truly, 19 Wyatt St Somerville, Mary-Margaret P. Cash Goy Martin MA 02143 201 Colonial Court MTC–00030723 Renata Hesse, Lynchburg, VA. 24503 Trial Attorney 12/28/01 07:23 714 368 6610 Suite 1200, Antitrust Division, Department of MTC–00030721 UNIT 1 OPERS A72 Justice, 12–28–2001 9:36AM FROM 000000000000 001/001 601 D Street NW, W CREDIT CAR AMERICA 001 December 27,2001 Washington, DC 20530 202–616–9937 12–28–2001 8:48AM FROM 000000000000 Renata Hesse Dear Ms Hesse, CREDIT CAR AMERICA December 27, 2001 Trial Attorney, Suite 1200 I am writing in reference to the proposed Renata Hesse Antitrust Division Department of Justice settlement with Trial Attorney I have a few comments I would Like to Microsoft. While I am not hostile to Microsoft Antitrust Division express regarding the proposed final (I am writing this in Microsoft Word). I am Department of Justice settlement of the concerned that the proposed settlement is far 601 D Street NW, Suite 1200 U.S. vs. Microsoft Corp. case. Microsoft too weak. Despite the fact that the company Washington, DC 20530 Corp. has been found guilty of ‘‘illegally has been found to have abused a monopoly Dear Ms. Hesse: maintaining an operating system (OS) position, it is effectively being let off with no I am writing to offer comments on the monopoly.’’ The function of the court is to punishment and minimal oversight to avoid Microsoft case settlement. As I understand it, now determine the penalty for the crime. The future violations. This is all the more under the proposed settlement, all new current proposed settlement does nothing to troubling since a previous deal was struck Microsoft operating systems, including prohibit Microsoft from continuing their several years ago, and Microsoft brazenly Windows XP, would have to include a campaign of monopolizing the computer flouted it. mechanism that readily allows end users to software market. I am not in favor of the proposed breakup remove or re-enable Microsoft’s middleware I was amazed to see the Microsoft proposal of the company’s software operations. I do products. Those include the Internet browser, that they be ‘‘punished’’ by giving away their support policies along the following lines: instant messaging tools, media player, and software to schools. As Mac/Apple has long • Microsoft networking protocols must be email utilities. While end users can already been the OS of choice in US schools, this published in full and approved by an remove Microsoft middleware from Windows punishment is nothing more than a Microsoft international standards body. XP, this settlement would make it easier for attempt to gain a larger share of school • Past and future Microsoft document users to switch end compare among exposure. This and they will be able to write formats must be published in full. competing middleware products. As an end off the cost of this ‘‘punishment’’ to further • Microsoft Internet content and service user. I fee1 that this provision guarantees me their monopoly. I find it laughable that the properties should be broken into a separate flexibility. guilty party is allowed to ‘‘suggest’’ their business. May I also add that settlement of this case punishment. Finally, it must be made clear that any is in everyone’s best interests—the Any true punishment to Microsoft must portion of the settlement that requires technology industry, the economy and limit their ability to continue their information to be made available requires consumers. monopoly. In order to do this I propose the that it be made available to all requesters. Sincerely yours, following as a just and reasonable penalty: That includes independent software John E. Mohrman Microsoft products must be made an extra- developers and hobbyists, not only corporate 7300 Brook Road cost option in the purchase of new entities. Richmond, Virginia 23227 computers, so that the user who does not Thank you, wish to purchase them is not forced to do so. Jonathan Singer MTC–00030722 There are several viable OS’s now on the 12–28–2001 9:21AM FROM 000000000000 market. The industry (Microsoft) should no MTC–00030719 December 27,200l longer be allowed to choose which OS is FROM : CASH FAX NO. : 434 384 6614 Dec. Ms. Renata Hesse installed for you. In order to make the
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playing field even, allow the end user to judgment in the United States v. Microsoft ware is not forced to do so. This requirement decide which OS they desire. Allow market Corporation case added to the Federal will have the effect of ending some of conditions (price/value) of the OS to dictate Register. Microsoft’s restrictive and anticompetitive that choice. First, I think it is important to re-state the licensing policies for new computer sales. Installing Microsoft Internet Explore must gist of the of case: Microsoft Corporationhas And it has the added benefit of clearly be made optional. Not pre installed in any been found guilty of illegally maintaining a itemizing the cost of the Microsoft products sense of the word. Remove all links which software (operating systems) monopoly for consumers which would prevent attempt to make this the Browser of choice inviolation of section 2 of the Sherman Act. Microsoft or computer sellers from claiming (default) after loading it. This judgment has be reaffirmed upon that any differences in price are insignificant. Allow equal access to other Internet appealand now stands. The ending of anti-competitive Licensing Browsers without favor. Given this judgment, I think any terms for new computer sales is a critical and I realize this is a very complex issue and reasonable individual would find the terms illegal choke-hold on the market that must be you are not treating it lightly. However, this of the pro-posed settlement wholly broken if competition is to flourish. decision will impact the future of the entire inadequate. The proposed restrictions 2. The specfications of Microsoft’s present computer industry. Microsoft has created (including opening of APIs,formation of an and future document file formats must be many valuable innovations in the industry. independent review board, and some made public so that documents created in That does not give them to right to dictate requirements for licensing) do little Microsoft applications may be read by history. That is the role of the court. ornothing to address the underlying problem- programs from other makers, on Microsoft’s Thank you for taking the time to that Microsoft continues to illegally or other operating systems. This is in ad- understand my point of view. maintainand extend their monopoly position. dition to opening the Windows application In the trial, the term ‘‘barrier to entry’’ was Doug Lahann program interface (API, the set of ‘‘hooks’’ often used to describe this effect and the 26633 Guadiana that allow other parties to write applications detailsbear further discussion. Microsoft Mission Viejo, CA. for Windows operating systems), which is continues to trap both users and software 92691–5904 already part of the proposed settlement. This developersthrough a ‘‘web of software [email protected] would help put an end to the trap of dependencies’’ that is, for many, nearly intentional incompatibilities and forced MTC–00030724 impossible to escape.The ‘‘web of software upgrades that Microsoft currently dependencies’’ that I refer to is the combined DEC-28–2001 11:43 OVERFELT 573 636 6846 perpetrates. effect of: P. 01/01 3. All networking protocols used by 1. secretive, restrictive, and anti- Post Office Box 1336 current and future Microsoft products must Missouri Retailers Association competitive licensing policies; be pub- lished in full and approved by an (573) 636–5128 2. intentionally undisclosed, incompatible, independent network protocol body. This is Jefferson City, MO 65102 and ever-changing specifications for file for- both a reasonable and workable requirement. The Voice of Retailing mats, network protocols, and APIs; and The Internet was built and has famously Fax (573) 636–6846 3. destructive ‘‘embrace and extend’’ flour- ished upon free and open standards E-mail: [email protected] strategies designed to corrupt existing and protocols. This requirement would December 28,2001 formats andprotocols. prevent Microsoft from further extending its Renata Hesse Once users and developers employ software monopoly by seizing de facto Trial Attorney-Anti Trust Division Microsoft products, they generally find that control of the Internet through proprietary Department of Justice their data,time, and effort becomes locked protocols and through corruption (eg. 601 D Street Northwest, Suite 1200 within, for example, file formats which they Washington DC, 20530 cannot effec-tively access through non- incompatibleextensions) of existing open Dear Ms. Hesse: Microsoft software or on non-Microsoft protocols and standards. I am writing in support of the recently platforms. The effect of these restrictions would be reached settlement between Microsoft and These dependency problems are pandemic. the commoditization of many kinds of the United States Department of Justice. As the trial demonstrated; the vast majority software. Likeother mature markets which The agreement is pro-consumer helping the ofpersonal computer users in the United support healthy competition, Microsoft and technology sector of our economy contribute States (both companies and individuals) are any competitorswould be driven to produce new and better jobs at this time of economic alreadyensnared. And even as the court compatible products. Strategies would turn uncertainty This settlement brings to an end considers options to remedy the situation, from the currentwasteful processes of the most disruptive competitor-driven Microsoft hascontinued their practices and intentional incompatibility and proprietary antitrust campaign in our nation’s history. released new operating systems (the lock-in towards competitionbased primarily This is something all consumers can ‘‘Windows XP’’ family)that seek to further upon the quality, price, and timeliness of the celebrate. extend their exclusionary control. One of the competitors’’ implementations.All parties Dave S. Overfelt most brazen of theseactions is Microsoft’s wronged by the current lopsided monopoly President current attempt (called ‘‘.NET My Services’’) situation would benefit as TOTAL P.01 to become the solegateway for authentication competitionflourishes. and payment systems for all on-Line In view of the ever-increasing dependence MTC–00030725 transactions.In summary, the proposed of our country upon software for commerce, 12/28/01 10:56 FAX settlement does little or nothing to fix the health,communication, transportation, and KINKOS GOLDEN illegal and damagingbehavior that has been security, I urge the court to take a firm stance. 00l clearly and repeatedly outlined during the Mi-crosoft continues to demonstrate that it 501 Golden Circle #103 case. What is needed isa court-ordered cannot be trusted to obey the law. Their Golden, CO 80401 remedy that truly solves the problem. Here, continuedgrowth into new markets creates an December 23, 2001 I propose three requirementsthat any final unhealthy software mono-culture which, as Renata Hesse, Trial Attorney remedy must include. These restrictions demon-strated by recent events, poses a Suite 1200 would immediately and directlybenefit the significant risk to national security. Antitrust Division US citizens and intuitions that have been Therefore, the courtshould take this Department of Justice victimized by the defendant’s illegalactions. opportunity to prevent future problems by 601 D Street NW They are as follows: reigning in Microsoft’s monopolyand Washington, DC 20530 1. Any remedy seeking to prevent an enforcing the antitrust laws that are in the To Renata Hesse, extension of Microsoft’s monopoly must best interest of this country.I wish to thank As a US citizen, and in accordance with place Mi- crosoft products as extra-cost the court for consideration of these the invitation posted in the Federal Register options in the purchase of new computers. recommendations. (Vol. 66, No. 229, p. 59452), I wish to have Thus, a buyer who does not wish to purchase Sincerely, my comments concerning the proposed final Microsoft products with new computer hard- Edward H. Hill III, Ph.D.
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MTC–00030726 will have to include amechanism that readily Antitrust Divisions DIRECTORS allows end users to remove or re-enable Department of Justice Edmundo Alire Microsoft’smiddleware products. 601 D Street NW, Suite 1200 TDW Construction While end users can already remove Washington, DC 20530 Armando Solis Microsoft middleware from Windows XP,this Fax: 202–616–9937 Solis Chiropractic settlement would make it easier for users to Ms. Hesse: Julio Correa switch and compare amongcompeting As a tech professional, I am pleased that Vision Latino Magazine middleware products, the United States Justice Department is Mike Martin I sincerely hope that Judge Kollar Kotelly settling with Microsoft. We use Microsoft RMC Enterprises approves the settlement. products everyday to enhance our business December 28, 2001 Regards, services, and I am relieved to know that wewill be able to continue to purchase these Renata Hesse Mark Fleming products at a fair price.The tech industry Trial Attorney Executive Director ought to be operated by highly creative Antitrust Division Wake Forest techprofessionals, not government Department of Justice Chamber of Commerce bureaucrats. With over $30 million 601 D Street NW, Suite 1200 MTC–00030728 intaxpayer funds having been spent on the Washington, DC 20530 case, I sincerely hope we’veseen the last of Dear Ms. Hesse, FROM : this issue. Microsoft is being amply reprimanded and FAX NO. : Jun. 26 2001 03:27AM P1 I serve in the North Carolina Legislature, reined in with the settlement reached. It is and believe that North Carolinians would be ourunderstanding that under the Tunney Act, Harnett Tractor Company 1500 South Clinton Avenue better off if this federal tax money came back the public has 60 days to provide input to the states. forconsideration by the parties involved Dunn, NC 28335 December 17, 2001 At least consumers and IT businesses that regarding this settlement. rely upon the Windowsplatform can get back While we appreciate the idea of the Renata Hesse Trial Attorney to work. It’s regrettable that this settlement government looking after the best interest of goesbeyond the issues upheld on appeal. Antitrust Division, itscitizens, nearly four years, 35 million I have no question that Microsoft’s Department of Justice dollars and the terms of the settlement are competitors have lobbied to cause Microsoft 601 D St. NW, Suite 1200 enough.It is more than time for this issue to much grief throughout this unfortunate Washington, DC 20530 be put to rest. process. Fax: 202–616–9937 The Hispanic Chamber of Commerce of I hope Judge Kollar Kotelly approves the Dear Ms. Hesse: Contra Costa County, California, strongly settlement. Many of us don’t realize how many people urgesyou to support the settlement. Please Regards, benefit from Microsoft’s products since so take the actions necessary to keep the process Mark Hilton manypeople use them at home and at work. rollingto get the settlement through all the Representative Mark Hilton channels and put in place. Therefore, when the government comes Sincerely. down hard on acompany that is so important MTC–00030730 Pedro E. Babiak to everyone, it has a substantial effect on the FROM : Vice-President economy. FAX NO. : Web Page: www.h5c.org In Fact, announcement of the first Jun. 26 2001 11:15AM P2 E-Mail: [email protected] judgement against Microsoft and the sudden Mason Properties Company decline in thatstock traces almost exactly to MTC–00030727 December 17,200l the large declines in the NASDAQ as a Renata Hesse FROM: whole, according toeconomistsand brokers. Trial Attorney FAX NO. : There has not been any consumer harm as Antitrust Divisions Jun. 26 2001 03:25AM P1 a result of Microsoft’s business practices. In Department of Justice December 17,2001 fact,Microsoft’s innovationhas led to 601 D street NW, Suite 1200 Renata Hesse tremendous benefits for consumers, as a Washington, DC 20530 Trial Attorney better product andlower prices. Antitrust law Fax: 202–616–9937 Antitrust Division is supposed to be about consumer harm, and Dear Ms. Hesse, Department of Justice on that key issue, the government has failed I am pleased with the settlement of the 601 D Street NW, Suite 1200 to show any harm whatsoever. Microsoft case because I believe that the Washington, DC 20530 The last thing the technology industry terms ofthe agreement will benefit the United Fax: 202–616–9937 needs are government lawyers, bureaucrats States tremendously.It seems to me that Anti- Dear Ms. Hesse: and judgeswatching over the industry, trust laws were intended to protect I write to register my hope that the attempting to micromanage it—which is consumers, not to protectcompanies from government will work in a productivefashion exactly what Microsoft’srivalslobby for on a legitimate market competition. It’s high time with Microsoft and other technology interests regular basis. that tech companies otherthan Microsoft in crafting a positiveworking relationship. I I realize that tech is ‘‘the new frontier’’ of work on building their products up, rather felt as though the federal government’s American business, but that shouldn’t than tearing down Microsoft’squality positionagainst Microsoft was excessive and givecompanies license to ‘‘muddy the products. anti-business. waters’’ regarding Microsoft’s impact of AOL Time Warner, Oracle and other After all, without Microsoft, what would consumers on aperpetualbasis. I hope that companies will have many opportunities to the American workplace look like?How Judge Kollar Kotelly will approve the hinderMicrosoft by abusing the settlement would it function without their useful settlement, and that all tech firms canworkon agreement. These competitors were products? Things would be lessfunctional, developing new products to make businesses disappointedwhen the Appeals Court took and less efficient. operate more efficiently in the twenty- breakup off the table, but they’ll find ways Microsoft is the market leader, and other firstcentury. to use thissettlement to inhibit Microsoft companies sought to gain bypromoting Thank you, from competing in markets they dominate additional legal action against Microsoft. David R. Leewis, CEO today, likeInternet access, high-end servers, Lawyers and lobbyistsfrom other companies and instant messaging. ought not determine the shape of the tech MTC–00030729 The enforcement provisions of this industry,consumers should. TECH5 CORPORATION settlement agreement could enable these The provisions of the settlement make it MARK HILTON, PARTNER companies toslow innovation and delay easy for other companies to havemarket Renata Hesse product launches by filing multiple access. Every new Microsoft operating system Trial Attorney complaints. Enough already!
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With the economy in bad shape, now is not The many innovations that have been thesettlement;Microsoft also cannot retaliate the time for more litigation over this issue. made over the years by Microsoft have been against computer makers that may ship I request that Judge Kollar Kotelly approve ofgreat benefit to consumers. Let’s bring this software that wouldcompetewith the the proposed settlement, and I hope matter to a close by proceeding with Windows operating system; and Microsoft thatMicrosoft’s competitors will act in good thesettlement between the Justice will open up their vault of secrets faith under its terms. Department and Microsoft and end the court concerningsystemInteroperability to Sincerely, proceedings. competition. Ronald Earl Mason Sincerely, Even though the settlement prevents Former State Representative Dennis Michaelree laissez-faire economics, the right thing to do is to settlethe suit now and work to ensure MTC–00030731 MTC–00030734 that the industry and the economy can move MARVIN V. ANDERSEN, M.D. Dec 31 01 01:20p Edward Zimmerman 937– forward again.Microsoftmust be allowed to 7 Perth Drive 878–9622 p.1 return to innovation, rather than litigation. Wilmington, DE 19803 EDWARD ZIMMERMAN Sincerely, Phone: (302) 478–3115 Fax: (302) 478–5528 1448 POPLAR DRIVE o FAIRBORN o OHIO Alex H. Qu e-mail: [email protected] o 45324 President December 29,200l December 29,200l MTC–00030736 Attorney General John Ashcroft Attorney General John Ashcroft US Department of Justice, United States Department of Justice DEPT OF JUSTICE 1/6 950 Pennsylvania Avenue NW, 950 Pennsylvania Avenue, NW LEAVE MICROSOFT ALONE. LET FREE Washington, DC 20530. Washington, DC 20530–0001 ENTERPRISE WORK AND BE Dear Mr. Ashcroft: Dear Mr. Ashcroft, ENCOURAGE I am in awe every time I think of how our As a voting constituent, I have great Joseph Bona society has been transformed bycomputers. concern about the Microsoftantitrust case. I 117 52 9597 Truly, the world is a completely different feel that after three long years of court battles, BCSS Owner place than it was from eventen years ago it is time toallow the company to get back to 407 925–3508 Cell because of computers. This great innovation software innovation. The settlement is 767–7472 Hm has been led by a greatAmerican company, fair,and it should be finalized. [email protected] Microsoft. Thanks to them, computers have Our economy is in a recession. It is MTC–00030737 become anaccessible technology for many companies like Microsoft that fuelthe success From MyPlumber millions of people. The efforts and of our nation’s economy. Pursuing further Sun Dec 30 21:27:51 2001 innovation ofMicrosoft should be applauded government action, atthe federal level, I think that, in the settlement of the U.S. rather than punished. against Microsoft will only foster the vs Microsoft federalcase, the example of the The antitrust lawsuit has plagued the economic downturn. Microsoft’s willingness settlement criteria proposed by another technology industry and disturbed to agree to terms that extend beyond suitbrought by 7 states in a class action furtherinnovation in technology. Like many termsinitially in question, in conjunction action against Microsoft should befollowed. computer users, I believe that the with the physical during of this suit, is This would be more like what a settlement motivationfor the lawsuit has been greed and morethan enough reason to settle at this should be, with amore significant penalty for jealously on the part of Microsoft’s point. Please continue to work to convince violations Microsoft has been found guiltyof. competitorsand the government. The others about the appropriateness of this In addition, since the software is free, proposed settlement is fair, it penalizes settlement. Microsoft softwaredevelopers should be Microsoft forthe times that they have crossed Sincerely, required to work closely with developers of the line, and it will provide more Edward Zimmerman Linux.Especially the Linux developers competition inthe long run. MTC–00030735 working on WINE, the Windows emulator That is why I would like to see an end to forLinux. More of the economically the lawsuit as soon as possible. The economy AtFreeWeb.com AtFreeWeb.com disadvantaged would get a better break cannot afford to have one of its biggest 801 Calle Mar Vista ifLinux could run Windows programs. players not participating at fullstrength. As Oxnard, CA 93030 Frank Starr soon as the suit is finally settled, the Tel: 805 278 9548 13014 N. Dale Mabry technology industry can returnto normal and Fax: 805 278 9554 #204 life can move on. Please accept the http://www.atfreeweb.com Tampa, Florida 33618 settlement and let us move on tomore December 31, 2001 important issues facing our great country. Attorney General John Ashcroft MTC–00030738January 2, 2002 Sincerely, US Department of Justice, 950 Pennsylvania Bryan Carey Marvin V. Andersen MD. Avenue, NW 11700 Fairgrove Industrial Blvd. Washington, DC 20530–0001 Maryland Heights, MO. 63043 MTC–00030732 CC: Representative Elton Gallegly Ms. Renta Hesse Dec.31 2001 11:12AM ATRA DATA No.2030 Dear Mr. Ashcroft, Trial Attorney P. I I write this letter in accordance with the Anti-Trust Division DENNIS MICHAELREE Tunney Act expressing my support of the Department of Justice P.O.Box 1720 settlementbetween Microsoft and the Justice 601 D Street Northwest, Suite 1200 Lake Ozark, MO. 65049 Department. I believe that this settlement Washington, D. C. 20530 December 31,2001 will be beneficial toboththe IT industry and Dear Ms. Hesse: Ms. Renta Hesse the consumer, but continuing on with more As President of a St. Louis area company, Trial Attorney court nuisance is a fleecing of theAmerican I am in full support of the settlement that Anti-Trust Division taxpaying citizen. To prevent this from hasbeen reached between the Justice Department of Justice continuing any further, the D.O.J. Department and Microsoft. 601 D Street Northwest, Suite 1200 shouldfinalize thesettlement as soon as the Microsoft is a very important part of the Washington, DC 20530 Tunney Act comment period is over. technology sector of our economy and we Dear Ms. Hesse: This settlement is fair and reasonable. If mustdo everything possible to strengthen all I am writing to you to voice my support for anything, Microsoft was treated a little parts of the American economy. Further the recent settlement between Microsoft spitefully. Afew terms of the agreement litigation will accomplish nothing to andthe United States Department of Justice. follow, which should underscore the severity stimulate the economic growth that we need. I believe it is time to stop the litigation of this settlement: theDOJ willestablish an Competition has helped to create an against Microsoft and proceed with what Independent technical committee, American economy that is the envy of the appearsto be a fair compromise. monitoring Microsoft’s compliance with world. We must seek to increase competition
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in our economy because that is the key 30th Assembly District 601 D Street NW toincreased demand for our products and Phone: (608) 266–1526 * Toll Free: Suite 1200 services. Continued legal action against 1–888–529–0030 * Fax: (608)282–3630 * E- Washington DC 20530–0001 Microsoft will not increase competition. mail: Dear Madam: Further litigation against Microsoft should [email protected] This letter is to the proposed Microsoft cease. Fax Cover Sheet settlement. In reading through the settlement, Very truly yours, To: Renata Hesse I noticed that provisions are made to help Bryan Carey From: Rep. Kitty Rhoades commercial competitors of Microsoft get the Fax: 202–616–9937 Pages: 2 (including Cover MTC–00030739 information they need to write applications Sheet) for the WindowsTM operating system. Whil 613 Andover Road Phone: this is a step in the right direction, specific Wilmington, DE 19803 Date: January 2, 2002 language needs to be added to the settlement December 29, 200l Re: CC: agreement to allow not-for-profit competitors Attorney General John Ashcroft Urgent For Review Please Comment Please of Microsoft the same access to Microsoft US Department of Justice Reply Please Recycle intellectual property as commercial 950 Pennsylvania Avenue, NW Comments competitors. The reason for this is that some Washington, DC, 20530 Dear Ms. Hesse: of the fiercest competition to Microsoft Dear Mr. Ashcroft, Please contact my office (608–266–1526) software comes from open source software This Microsoft lawsuit has dragged on long should you have any questions. being developed by not-for-profit enough. I understand thatwe are now in the Kitty Rhoades organizations. One example of this is the public comment period of this lawsuit and, 1–2–02 : 10:16AM : Wisconsin Assembly : Apache web server. The Apache web server, hopefully, oncethat is done, this ill-advised 608 266 2133 #2 2 which is an open source software package, lawsuit will be as well. State Representative 30th Assembly District dominates the Internet server market. It is I have heard that there are various Kitty Rhoades also a direct competitor of Microsoft’s IIS or Microsoft detractors that want thislawsuit State Representative Internet Information server (which is also a continued on the federal level and so will try January 2, 2002 web server). to find some way to derailthe settlement. I Renata Hesse For there to be a level playing field am respectfully asking that you resist these Trial Attorney between Microsoft and its competitors, not- efforts, stay thecourse for the Justice Antitrust Division for-profit groups who develop open source Department, and continue to guide this DOJ software that competes with Microsoft settlement to asuccessful end. 601 D Street NW, Suite 1200 products should be given the same access to Microsoft has no doubt done many things Washington, DC. Microsoft’s intellectual property as that have rankled theircompetitors, but these Dear Ms. Hesse: commercial competitors of Microsoft. are not enough to have brought about the I am writing to voice my support of the Without this provision in the Microsoft wrath of theentire federal judicial system. recent Microsoft settlement, and encourage Now that this settlement has been reached, settlement, not-for-profit groups would be you to approve the settlement as soon as weshould accept it and move on. There effectively cut out of the picture, which possible. simply are too many other moreimportant would be a devastating loss. Under the terms of the settlement, issues that need our attention than this. Sincerely, Microsoft will provide over one billion Thank you. Brandon Galbraith dollars in computer related assistance, which Sincerely, System Administrator will open numerous doors and opportunities John Allabashi for all American students. This is an MTC–00030743 MTC–00030740 unprecedented opportunity for both our FROM : AMERICAN FINANCIAL ADVISORS HEALTH CARE country as well as our education system, and PHONE NO. : 530 223 2230 January 2, 2002 should be approved as soon as possible. Jan. 02 2002 Renata Hesse Furthermore, I believe that it is time to put 10:23AM P1 Trial Attorney—Anti-Trust Division this legal wrestling to a close. With our To: The Department of Justice Department of Justice nations economy struggling, making sure that From: Dorothy Palfini 601 D Street Northwest, Suite 1200 companies based in the technological sector Date: January 2, 2002 Washington, DC 20530 are free to develop and advance new RE: Microsoft Settlement Dear Ms. Hesse, products, in the overall hopes of bringing The Department of Justice should settle the I am writing in support of the recently new life, to an economy that has been case of Microsoft ASAP. The government reached settlement between Microsoft and tarnished by the terrorist acts of September should not penalize a company that is the United States Department of Justice. 11th. successful and has helped the economy roar. The agreement is pro-consumer helping the Thank you in advance for your time and If government does not interfere, the market technology sector of our economy contribute thoughtful consideration on this very place will decide what company offers the new and better jobs at this time of economic important issue. best and most efficient product. Competitors uncertainty.This settlement brings to an end Sincerely, will compete and eventually find a way to the most disruptive competitor-driven Kitty Rhoades excel in the business. antitrust campaign in our nation’s history. State Representative The lingering litigation has caused havoc This is something all consumers can 30th Assembly District with the US economy and the effects have celebrate. P.O. Box 8953 * Madison, Wisconsin been felt overseas as well. We need to get the Sincerely, 53708–8953 * (608)266–1526 * Toll-Free: economy going fast, so let’s get on with Stephen B. Hoven (888) 529–0030 business at hand. Vice President * [email protected] Sincerely, Public Affairs Home: 708 4th Street o Hudson, Wisconsin Dorothy Palfini SH/jmm 54016 o (715) 386–0660 3011 Victor Avenue SSM Health Care Missouri Quality Award Redding, CA 96001 MTC–00030742 477 N. Lindbergh Blvd. 530–223–2195 St. Louis, MO 63141–7832 Brandon Galbraith MTC–00030744 www.ssmhc.com 380 South Hickory Avenue (314) 994 7800 phone Bartlett IL 60103 PRESERVATION WORCESTER (314) 994 7900 fax December 14, 200l Preserving Neighborhoods For People Reneta B. Hesse December 31, 2001 MTC–00030741 Antitrust Division Renata Hesse Representative Kitty Rhoades U.S. Department of Justice Trial Attorney
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Antitrust Division company like microsoft who has contributed MTC–00030746 Department of Justice immensely to the growth of US economy as Lewis Stepp 601 D Street NW, Suite 1200 well as raising standards of human life to a From: Lewis Stepp [[email protected]] Washington, DC 20530 much higher level. There are thousands of Sent: Wednesday, January 02, 2002 3:30 PM VIA FACSIMILE Bin Ladin’s followers in this country to go To: [email protected]’’ Dear Attorney Hesse: after and punishing them. This does not take cc:senator—[email protected]’’ I would like to comment on the impending a PHD to figure out. Subject: Microsoft Settlement settlement in the Microsoft suit. It is We are very upset with the way Justice 2477 Fairgrove Court imperative that the government reaches a department is going after Microsoft and the Cincinnati, OH 45244 settlement in this case as soon as possible. effect it has on the stock market. This needs January 2, 2002 Our economy is in tough shape and we don’t to stop immediately. Our country has Renata B. Hesse need this lingering case to drag us down suffered enough as result of neglecting the Antitrust Division further. real threat from the terrorists since they first U.S. Department of Justice I believe that the settlement will be attacked WTC in 1993. 601 D Street NW beneficial to small non-profit community Narendra Patel Suite 1200 organizations such as the one I head. The Proud US citizen Washington, DC 20530–0001 potential donation of computers and software 69–730 Highway 11 1, Suite 118, Rancho Dear Ms. Hesse: will be invaluable. The money we save with Mirage, CA 92270–2873 I am writing you to submit comments this potential donation will free us to spend TEL. 760–328–8221 f A X. 760–328–8887 about the antitrust settlement against more in our community. www.patelarchltect.com Microsoft (United States v. Microsoft Corp., I urge the Justice Department to settle this JAN–01–2002 12:20 P.03 DESIGN Civil No. 98–1232) pursuant to the Tunney matter as soon as practical. DEVELOPMENT Act. I am a retired US citizen and a software Sincerely your, Innovative Green Architecture user whose only links with Microsoft are 400 James W. Igoe Subj: Jutice Department shares of stock in my IRA retirement account. Executive Director Date: 10/10/01 7:14:09 AM Pacific Daylight Before retirement, I was an information 10 Cedar Street * Worcester, Massachusetts Time technology consultant for Computer Sciences 01609 * (508)754–8760 Fax From: PatelARCH Corporation and Spherion Corporation. (508)798–0693 To: [email protected] I appreciate the excellent operating system Dear Mr. President, MTC–00030745 and office software that Microsoft has created Can you please have some one in your and how their products have contribution to DESIGN DEVELOPMENT department stop our Justice Department from jobs in the information technology sector and Innovative Green Architecture punishing Microsoft. As you well know, It to increased efficiency throughout the DATE 01/02/02 will take all of the staff from Justice business sector. Microsoft was not known as PROJECT Department and more to track down terrorists a monopolist when they introduced the CONTACT Narendra Patel, A. I. A. in our own country. We do not have a luxury Windows operating system. Indeed, they had 69–730 Highway 111, Suite 118 to stabb our own company like Microsoft in some formidable competitors and they ‘‘bet Rancho Mirage, CA 92270–2873 times like this or for ever. the company’’ on development and Ph #: 760–328–8221 Fx #: 760–328–8887 They should be rewarded for all the marketing of an innovative new operating WebSite: www.patelarchitect. com contribution they have done to bring our system and other office software. They won FACSIMILE TRANSMISSION country to a cutting edge in technology. the market because they offered ‘‘world DEPARTMENT OF JUSTICE Narendra Patel. Proud US citizen class’’ software at an affordable price with ATTENTION TUNNEY ACT 780 328 8221 consumer benefits and features that no one [email protected] Forwarded Message: else matched. For several years, I was a PHONE# Subj: USDOJ Comments subscriber to the Microsoft Developer DESTINATION FAX # 1–202–307–1454 Date: 10/19/01 1:21:17 PM Pacific Daylight Network (MSDN) which, as a systems PAGES TO FOLLOW 1–202–616–9937 Time consultant, provided me with lower cost SUBJECT MICROSOFT SETTLEMENT From: PatelARCH software and better training than was PURPOSE PLEASE REVIEW To: [email protected] available from any other software vendor. —PLEASE REVIEW AND CALL BACK—AS CC: [email protected] Microsoft customers and stockholders have REQUESTED—FOR YOUR RECORD— Dear Justice Department, been the beneficiaries of Microsoft’s success. URGENT Can some one please think logical and get Microsoft competitors and some of their COMMENTS Dear Justice Department, Please off the Microsoft’s case and get after the real customers may have suffered, but that is the call if you have any questions. terrorists in our country. I simply do not nature of our enterprise system. It is not We fully support Micorsoft’s position in understand why our justice department is something for which Microsoft should now this issue of Tunney Act. Department of wasting so much time on punishing a great be punished. Indeed, Microsoft is deserving Justice needs to stop all allegation and company like microsoft who has contributed of public respect for developing and release MICROSOFT from alleged charges immensely to the growth of US economy as providing a low cost ‘‘standard’’ operating SUBMITTED BY well as raising standards of human life to a system that has enabled large numbers of 69–730 Highway 111, Suite 118, Rancho much higher level. There are thousands of software developers to bring significant Mirage, CA 92270–2873 Bin Ladin’s followers in this country to go networking and productivity improvements TEL. 760–328–8221 FAX. 760–328–8887 after and punishing them. This does not take to our lives and to our economy. www.patelarchitect.com a PHD to figure out. In a recent meeting of the Senate Judicial DESIGN DEVELOPMENT We are very upset with the way Justice Committee, the court rulings were Innovative Green Architecture department is going after Microsoft and the interpreted to say that Microsoft ‘‘did in fact Subj: USDOJ Comments effect it has on the stock market. This needs violate anti-trust laws and did hurt the Date: 10/9/01 1:21:17 PM Pacific Daylight to stop immediately. Our country has market place’’. It may be true that Microsoft Time suffered enough as result of neglecting the was an ‘‘overzealous competitor’’ who, in a From: PatelARCH real threat from the terrorists since they first very competitive situation, did harm its To: [email protected] attacked WTC in 1993. competitors to an extent that violated some CC: [email protected] Narendra Patel laws, but it is obvious to most software users Dear Justice Department, Proud US citizen that they did not hurt the software market Can some one please think logical and get 69–730 Highway 111, Suite 118, Rancho place. Indeed, Microsoft’s development of an off the Microsoft’s case and get after the real Mirage, CA 92270–2873 advanced and broadly accepted PC operating terrorists in our country. I simply do not TEL. 760–328–8221 FAX. 760–328–8887 system brought swift changes to the software understand why our justice department is www.patelarchitect.com market and grew the market. The wasting so much time on punishing a great TOTAL P.03 improvements that they brought to PC
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operating systems are remarkable compared David S. Wyman personal note, I’d also like to say I think to the much less friendly and text oriented Senior Agent you’re doing a superior job as Attorney PC operating systems previously introduced 117 Highbridge St General and I strongly support your point of by IBM and others. As a result, almost Fayetteville, NY 13066 view and value system. Keep up the good everyone today is able to be a computer and Bus: (315) 637–0284 work and God Bless. software user. Fax: (315)637–0822 Sincerely, Based on a misguided interpretation of the Claim: (800) 871–3326 Eugene Michael court rulings, a member of the Senate Judicial Res: (316)682–3540 1327 W 28th Street Committee stated that Microsoft actions January 2, 2002 Lorain, OH 44052 resulted in the effective destruction of Renata Hesse MTC–00030749 Netscape and Java, Yet Netscape was sold to Trial Attorney AOL for billions of dollars and Java is still Antitrust Division Renata Hesse, Trial Attorney a popular programming language supported Department of Division 325 7th Street NW, Suite 500 by many major vendors such as Borland and 601 D Street NW, Suite 1200 Washington, DC 20530 Sun. A version of the Netscape browser was Washington, DC 20530 Dear Renata Hesse, always available for free. In its formation Re: U.S. v. Microsoft I am pleased that an agreement has been years, Netscape developed many competitors Dear Ms. Hesse, finally made with Microsoft Corporation. For who also offered their products for free. I am in support of the settlement of the disclosure purposes, I am not a shareholder Every operating system eventually included above captioned case and for the following of Microsoft, nor have I ever been. However, a free browser. It is reasonable for the court reasons; I hope you will be as well. I find in the agreement that was posted at and public to question if there ever was a The antitrust laws of this country were put http://www.usdoj.gov/opa/pr/2001/ true browser market. The district judge in the in place to protect consumers, not other November/01 at 569.htm on November 2, Microsoft case said that there was no corporations who do not like the way 200l did not carry enough teeth at the end evidence that Java would be successful as an Microsoft does business. The fact that my of the agreement. I have cut and pasted the alternative ‘‘platform’’ to the Windows business and industry are more efficient and portion I do not agree with and believe that if this agreement remains intact the way it operating system, Indeed, time may prove competitive in the marketplace can be was written you will have accomplished that Java was a flawed concept. The prophecy directly linked to computer innovation and nothing to deter Microsoft. of competitors should not be considered fact. products like Microsoft sells. In addition, no ‘‘The proposed Final Judgment will be in The Judicial Committee questioned if the direct consumer harm can be linked to effect for a five year period and may be settlement was in the public interest. Microsoft. In my twelve years in business, I extended for an additional two-year period if Certainly the public wants to see this case have personally seen computer technology in the Court finds that Microsoft has engaged in settled. The current district judge asked the every sense of the word, become less multiple violations of the proposed Final parties to work night and day to reach a expensive while doing more for my bottom Judgment.’’ settlement. Mr. James, from the Justice line. Microsoft certainly deserves as much The portion that I strongly disagree with is department, has indicated that the settlement credit as any other business for that. In in the last part of this sentence. ‘‘... if the goes beyond the court rulings to include conclusion, I would hope that the agreed Court finds that Microsoft has engaged in other restraints on Microsoft that would not upon settlement would be left in place. multiple violations of the proposed Final prevail in a court decision since they were Further litigation will only cost the taxpayers Judgment.’’ This portion should read, and I not considered in the trial. These include more money and likely provide no better might add, would put some teeth into the restraints on server operating systems for solution. agreement, ‘‘if the Court finds that Microsoft which Microsoft does not possess monopoly Thank you for your time and has engaged in any violations of the proposed power. Only Microsoft competitors, not the consideration. Final Judgment.’’ The word that precedes this public, want more. Sincerely, statement MAY still may remain as MAY The Justice Department and Microsoft have David S. Wyman [...and may be extended....] which give you reached a fair settlement in this case. MTC–00030748 the out to pursue or not. However, and Microsoft needs to move forward and to finally, with out the changing of this word continue serving its customers and Eugene J. Michael from multiple to any allows Microsoft ‘‘the stockholders. There is no justification for the 1327 West 28th Street ability’’ to continue to violate antitrust laws courts to continue to investigate and punish Lorain,OH 44052–4504 with the vague assurance that nothing will Microsoft when there are other companies PH: (440) 282–8377 happen if they do. and market place problems that need greater FAX (440) 960–5976 This is my 2 cents worth. attention in our legal system, such as the January 2, 2002 Sincerely, Enron debacle. Attorney General John Ashcroft Stephen A. Frlekin The court made a wise decision not to United States Department of Justice 28608 Montereina Drive dismantle Microsoft. According to a recent 950 Pennsylvania Avenue, NW Rancho Palos Verdes, CA 90275 Wall Street Journal article, the US Postal Washington, DC 20530–0001 Service revenues are more than those of Dear Attorney General Ashcroft, MTC–00030750 Microsoft, McDonald’s and Coca Cola I am writing to urge you to continue 01/02/2002 01:57 combined. No one wants to dismantle the US supporting the settlement that was reached From: Robert J Sobon Postal Service simply because it operates as on November 2, 200l between Microsoft and FAX a monopoly or protects its monopoly. We the Justice Department. I believe this 189 Old Ashley Loop need a universal standard operating system settlement is fair and that no further legal Pawleys Island, SC 29585 for our computers in much the same way that action should be taken on the federal level. January 2, 2002 we need a universal standard mail service for The settlement has teeth and requires Attorney General John Ashcroft our homes and business. I hope that this case Microsoft to make significant concessions. US Department of Justice, can conclude without destruction of one of For example, computer manufacturers were 950 Pennsylvania Avenue, NW the most innovative and successful American granted new rights to configure systems with Washington, DC 20530–0001 companies. We only wish that the US Postal access to various Windows features. And to Dear Mr. Ashcroft: Service was equally innovative and efficient. ensure compliance, the government created As a resident of South Carolina, I am Sincerely, an ongoing technical oversight committee to concerned about further Capitol Hill Lewis Stepp test Microsoft on whether they are meeting involvement in the Microsoft antitrust case. the agreement’s requirements. It is clear that Microsoft has agreed to a fair MTC–00030747 This settlement is good for our economy, and reasonable settlement; the settlement Farm consumers, and the computer industry. After should be final, and further federal action Family three years of litigation, it is time to move against the company represents nothing short Glenmont, NY forward and support the settlement. On a of anti-business posturing by the government.
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As you know, the economy is in a Arthur D. Wainwright age, you had better believe that we look for recession. Microsoft is a major contributor to Chairman/CEO integration rather than confusion. the nation’s economy, and it is imperative I am writing this letter as a citizen invoking that the company is allowed to innovate in MTC–00030753 the Tunney Act, and I would like to the software industry. Any further action Date: 1/2/02 12:56:07 PM Central Standard respectfully request that you continue to do would be negative for the consumer and the Time everything that is possible to protect the IT industry. From: [email protected] terms of this settlement. Do not let those I appreciate your support in ending this (ShellUser MAILER-DAEMON) parties, looking for excuses to derail it, legal action, and putting this case behind us. To: [email protected] - succeed. We as consumers deserve better Sincerely, Date: Wed, 2 Jan 2002 13:55:34 EST than that. Thank you. Robert Sobon Subject: Microsoft Settlement Sincerely, cc: Senator Strom Thurmond To: [email protected] Herbert Maar From all that I have read concerning the MTC–00030756 MTC–00030751 Microsoft Settlement, the judgment rendered FROM : HOWARD A WILCOX JP by the various courts are in my opinion, more NOTICE: This telecopy transmission and any PHONE NO. : 9127570907 than fair. Because of a few unhappy accompanying documents may contain Jan. 02 2002 09:48AM p1 competitors who want to upset the settlement confidential or privileged information Subj: Settlement without legitimate reason, other than greed. They are intended only for use by the Date: 1/2/02 2:50:18 PM Eastern Standard seems to me to be most unfair. Microsoft is individual or entity named on this Time one of the finest and best run companies in transmission sheet. If you are not the From: Popedo711 the USA, known world wide for it’s intended recipient, you are not To: [email protected] innovation and useful output and whose authorized to disclose, copy, distribute It is hoped that those people in official foreign as well as domestic sales add millions or use in any manner the contents of this capacity positions realize that our economy to the GNP. Now some less efficient and less information. If you have received this started slipping around the time President innovative companies want Microsoft transmission in error, please notify us by Clinton’s jealous liberal Government paid penalized further, so they can take advantage telephone immediately so that we can team members first attacked Microsoft. of the very market created by Microsoft. And arrange retrieval of the faxed documents. Damage is felt by every voter and tax payer the States that want more money need to stop Douglas B. Schaper in our United States. their own inefficiencies and not try to 3 10 East 44th Street; #1509 Let the current settlement stand and get balance an out of kilter budget be getting a NYC, NY 10017 back to free enterprise practices that built our freebie from some other entity, while they Judge Colleen Kollar-Kotelly great nation in the first place. fritter away on boondoggles, the taxes they C/O Attorney General Richard Blumenthal Thank you in advance for listening to one receive. MacKenzie Hall little self employed renovation contractor in Sheldon L. Mesirow 110 Sherman Street Macon, Georgia USA. [email protected] Hartford, CT 06105–2294 Howard A Wilcox, Jr. Voter, tax payer, I tried it!! Dear Judge Kollar-Kotelly, Christian, husband, parent, step parent, So Here It is My introduction to computer software grandparent. came in the winter of 1973 when I narrated MTC–00030755 a media presentation for BASIC computer MTC–00030752 Herbert Maar language. WAINWRGHT INDUSTRIES 801 Augusta Road Since that time I have used many softwares WAINWRIGHT INDUSTRIES, INC. Wilmington, DE 19807 for many purposes personal and professional, 17 Cermak Boulevard St. December 29, 2001 some commercial some proprietary. Peters, Missouri 63376 Attorney General John Ashcroft I am writing you this letter to decry the 636–278–5850 Fax:636–278–8806 US Department of Justice, recent agreement between the DOJ and www.wainwrightindustries.com 950 Pennsylvania Avenue, NW Microsoft, and in support of the actions of January 2, 2002 Washington, DC 20530 the nine states before you. Renata Hesse Dear Mr. Ashcroft: President Kennedy, in 1961, proposed that Trial Attorney—Anti-trust Division I have been extremely concerned over the we land on the moon with our science. Eight Department of Justice regrettable lawsuit against Microsoft; I years later We achieved that goal. 601 D Street NW, Suite 1200 believe that Microsoft has been—and still By way of comparison Microsoft went Washington, DC, 20530 is—one of the most instrumental American public in 1986—fifteen years ago, and Dear Ms. Hesse: businesses to drive and sustain the longest software is still in the dark ages. Every single Enough is enough when it comes to all the running and strongest economic expansion in day that I use Microsoft product I curse its hoops Microsoft has had to jump through recent memory. I also believe that unless inefficiencies. I recently asked a computer even in the wake of the recent settlement there is some real threat to the American free salesman at J&R Computers in NYC about an reached through extensive negotiations with enterprise system, the government should alternative to Microsoft product. He looked at the Department of Justice. The high-tech always refrain from interfering in business. me like I was sprouting wings and new heads industry must get back to normal in order to There seem to be two diametrically opposed on the moment. help small businesses utilize technology to guiding principles at work: On the one hand, I worked in venture capital for a company open new markets and to better serve their the government seems to do its best to in New York City—there are no funds for customers—many of which are the largest job provide free (tax-supported) services to any competition to Microsoft product. This says creators across the nation. it can find, while the American business a lot about a tax regulatory environment I ask your help in ending this prolonged ethic demands quality and efficiency. Mixing reinforcing competition to Microsoft regulatory debate that is denying workers the the two—as was done with this lawsuit— product—a situation these nine states are technology necessary to do their jobs in the only results in havoc and confusion. attempting to address. It also says a lot— best way possible. More specifically, where the American particularly in light of our moon Microsoft and their competitors should go consumer is greatly aided in Microsoft’s exploration—about Microsoft’s pursuit of toe-to-toe in the marketplace—not in the efforts to integrate its software with its ‘‘quality’’ product. courtroom. A thriving high-tech sector of our operating system, the government—no doubt Microsoft has not pursued quality product- economy is a key to future business spurred on by less successful Microsoft at least not from the standpoint of the development and the key to a stronger competitors—sees a phantom threat of consumer. Quality to Microsoft has meant economy and better jobs. ‘‘monopolization.’’ For those of us that quality of its control over the marketplace, I support the reached settlement between actually spend our hard-earned money on the which until this opportunity to open it up the DOJ and Microsoft. necessary hardware and software needed to has been absolute-all because of one sale to Very truly yours, be even a little productive in this computer IBM and the company’s ensuing
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determination, successful until now (we Note: DOJ—202–616–9937 proliferation of flaws in the gigantic hope), To maintain control over that Jan–02–02 14:13 From-WORLDWATCH Microsoft system, consisting of hundreds of marketplace. Look around you. What INSTITUTE millions of lines of failure-prone code.’’ In altermative to Microsoft is there? +2022967365 closing, the outcome of this case will affect Standardizing product, in light of 110 volt T–846 P.O2/03 F–566 us not only to day but the future of electricity for the home, 220 for heavy Patrick Settle information technology, and the nation. A machinery, 12 volts the car, 3/8 inch pipe for 5221 42nd Street NW Apt. B thorough and though out penalty is far more plumbing, #2 pencils, size 8s for women and Washington, DC 20015 important to the health of the nation than is so many other examples in manufacturing, Friday, December 28, 2001 a hasty one. design and service, comes out of pressure Renata Hesse Thank you for your time, from the consumer and the marketplace—not Antitrust Division Patrick Settle from one company exercising control over Department of Justice 5221 42nd Street NW Apt.B that marketplace and any competition. 601 D Street NW, Suite 1200 Washington, DC 20015 Microsoft product is an abomination in Washington, DC 20530 202–321–7370 terms of its quality for the consumer and Greetings, [email protected] As an Information Technology since there is no real alternative to it there MTC–00030759 can be no argument about that fact or the professional, and user of Microsoft products, control-from somewhere-of both the product with over six years of professional experience To: U.S. Department of Justice and the market. You must know that if we in the computer industry, I have seen the Company: United States Government had a competitive marketplace arena for negative impacts to the computer industry City: Washington, DC software, Microsoft product would be much brought upon it by Microsoft. Their unethical Fax Number: 202–307–1454 better and there would be alternatives to it business practices which allowed them to Phone Number The company’s primary focus has been not evolve into a monopoly, and their current From Virginia C. Sullivan on quality—but on control. And in this, and attempts to maintain that monopoly has Direct Dial Phone 312–558–5337 in this alone, it has been successful. stifled a great deal of technology innovations, Client/Matter Number 7325378–00043 I deeply. nay—more than deeply, hope you along with damaging business opportunities Document Description will help everyone—including Microsoft—by for other companies. Message ruling in favor of these nine states. I am I cannot see how the settlement that is If this transmission is incomplete, please desperate for better software—we ALL are. proposed even pretends to remedy the call 312 558–6294.This document is intended DBS antitrust violations for which Microsoft has only for the addressee(s) named above and been found culpable. Microsoft has already may contain information that is privileged, MTC–00030757 been found in violation, and this is the confidential, and exempt from disclosure QSE—Quality Software Engineering, Inc. penalty phase of the case, but the settlement under applicable law. Any use, Quality Software Engineering, Inc. contains no penalties and actually advances dissemination or copying of this 10820 Sunset Office Drive Microsoft’s operating system monopoly. communication other than by the addressee Suite 302 A just penalty, would at barest minimum is strictly prohibited. If you have received St. Louis, Missouri 63127 include three additional features: this communication in error, please notify us (314) 965–7800 * Any remedy seeking to prevent an immediately by telephone and return the December 31,2001 extension of Microsoft’s monopoly must original facsimile to us by mail. Thank you. Attorney General John Ashcroft place Microsft products as extra-cost options Virginia C. Sullivan The Justice Department in the purchase of new computers, so that the 88 W. Schiller St., Apt. 2503 Chicago, IL 950 Pennsylvania Avenue user who does not wish to purchase them is 60610 Washington, DC 20530 not forced to do so. This means that for the January 2, 2002 Dear Mr. Ashcroft: price differential between a new computer United States Department of Justice After three strange years of court, Microsoft with Microsoft software and one without, a 1Oth Street and Constitution Avenue NW andthe Department of Justice have reached a computer seller must offer the software Washington, DC 20530 settlement. Both the IT industry and the without the computer (which would prevent Re: Microsoft Settlement consumer will benefit from it, and as such, computer makers from saying that the Dear Honorable Justices: it’s best if we work to put this issue behin difference in price is only a few dollars). I believe it is in the public interest to settle us, and consider the future instead. Only then could competition come to exist in the Microsoft case with the settlement that is Even though the settlement steps a bit a meaningful way. being proposed now and upon which the outside of the notion of free enterprise, * The specifications of Microsoft’s present Department of Justice is requesting public settling the case now is the right thing to do and future document file formats must be comment between now and January 28, 2002. to help the industry and the economy move made public, so that documents created in I am a legal secretary who has been ahead. This agreement is pragmatic and Microsoft applications may be read by working for 40 years. I started out with an reasonable even employing a mediator at the programs from other makers, on Microsoft’s IBM electric typewriter. I have used over the end to negotiate the final details. or other operating systems. This is in years six different word processing systems— The abuse of the American tax-dollars has addition to opening the Windows application none of them Windows-based, all of them gone on long enough. To prevent this from program interface (API, the set of ‘‘hooks’’ difficult. In all my 40 years of working one continuing any further, all action that is that allow other parties to write applications thing stands out above all else and that is the taking place at the federal level must be for Windows operating systems), which is great contribution Microsoft has made to the stopped at the end of the comment period. already part of the proposed settlement. workplace. I have the greatest respect for It is time to let Microsoft go back to * Any Microsoft networking protocols Microsoft. I love to use their products, e.g., innovation, rather than litigation. must be published in full and approved by Word 97, Excel 2000, and PowerPoint. I am Sincerely, an independent network protocol body. This sure millions of other people feel the same. Donald R. Kossman would prevent Microsoft from seizing de The product that they have developed in the President facto control of the Internet. Microsoft Office Suite is of the highest merit cc: Representative Dick Gephardt As the judge has suggested the national and has had a positive impact on the life of 10820 Sunset Office Drive Phone: (314) interest is at issue here, therefore it is crucial millions over the years, making their work 965–7800 that Microsoft’s operating system monopoly easier and even pleasurable. As far as Suite 302 FAX: (314) 965–7802 not be extended. Allowing Microsoft’s Windows is concerned, I want to use the St. Louis, MO 63127–1037 e-mail Monopoly to stand weakens our national Windows operating system for the rest of my [email protected] security by the creation of an information life. To me, it is one of the greatest inventions monoculture. As Paul A Strassmann states, of all time. I believe that if Microsoft will MTC–00030758 ‘‘Info-terrorists and criminals will continue provide for other companies, e.g., Netscape From: Patrick Settle to take advantage of the ever-growing Navigator, to be an option in regard to
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internet browsers they will have come a long Antitrust Division TELEPHONE : (714) 286–7710 way toward equal opportunity for intermet Department of Justice REC ID # 00028198—STATE ID # 923472 navigation. 601 D Street NW. Suite 1200 KY NGO , CHAIRMAN I just wanted you to know that I will Washington. DC 20530 January 2, 2002 always have the deepest gratitude and Dear Ms. Hesse: Department of Justice, Antitrust Division highest regard for the Microsoft company. I wish to give you some comments on the Attn: Renata Heese Please help to make sure that no more money Microsoft settlement, In terms of Microsoft’s 601 D Street, NW Ste. 1200 is wasted on litigating this matter. Microsoft compliance with the settlement. the Washington, DC 20530 deserves our thanks, not our condemnation. agreement provides adequate resources, Fax (202) 616–9937 Thank you very much. access, and authority to quickly respond to The Justice Department vs. Microsoft Respectfully yours, camplaints about Microsoft’s compliance. In Dear Ms. Hesse and Whom It May Concern: Virginia C. Sullivan addition, it creates an independent Technical I have been following the antitrust case Committee with the power to hire unlimited against Microsoft for a number of years and MTC–00030760 staff, on-site at Microsoft’s campus and understand we are close to a settlement. It ARCHIVES/MUSEUM entirely at Microsoft’s expense. While the has been brought to my attention we are Fax: 1–617–825–3613 agreement positions the U.S. Justice within the Tunney Act’s 60-day deadline to Jan 2 2002 15:36 Department us the sole enforcement submit public comments and I’d like to The Commonwealth of Massachusetts authority, the state Attorneys General may extend my support of the proposed consent William Francis Galvin, Secretary of the insist on being able to escalate complaints to decree. Commonwealth Archives Facility the Court. Therefore. for those who doubt Yes, it is true the courts have ruled FAX TRANSMITTAL Microsoft would comply with the settlement Microsoft engaged in violation of the Date: 1–2–02 agreement, they need only look at the Sherman Act. But it is also true The Justice To: Dept. of Justice unprecedented enforcement) mechanism. Department vs. Microsoft can’t go on forever, FROM: It is a shame. however, that rather than as some of Microsoft’s competitors may wish. PHONE NUMBER: 617–727–9150 competing in the marketplace, Microsoft’s Our nation is now officially in a recession. FAX NUMBER: 617–825–3613 rivals felt compelled to use their lawyers and The significance of accepting this decree TIME: lobbyists to petition the government to can’t be emphasized enough. Millions of Message: Re: Microsoft intervene and regulate the high-tech dollars and time have already been spent on THIS FAX CONTAINS 2 PAGES INCLUDING industry. Thank you for the opportunity to this case. A proposed consent decree has COVER SHEET. present my views. been submitted. It is now in our national 220 Morrissey Boulevard, Boston. Sincerly, interest to accept this settlement and move Massachusetts 02125. (617) 727–9150 Kelly Jones forward. ARCHIVES/MUSEUM For the Vietnamese community in Fax: 1–617–825–3613 MTC–00030762 particular, this issue is of great concern. Jan 2 2002 15:36 P.02 JAN–02–2002 16:08 ROSS Many are employed in everything from The Commonwealth of Massachusetts 312 527 4166 P. 01/01 programming to distribution. Over the years William Francis Galvin, Secretary of the Real Estate of this case, we have seen thousands of jobs Commonwealth Archives Facility 154 West Hubbard lost and distribution numbers drastically January 2, 2002 Suite #2OO reduced. While the outcome of this case Renata Hesse Chicago, IL 60610 remains pending, so does our economy and Trial Attorney 312–527–4747 livelihood. In addition, the success of the hi- Antitrust Division 312–527–4166 Fax tech industry has a ripple effect which opens Department of Justice 17–18 Old Bond St. the door for other good people from Vietnam 601 D Street NW, Suite 1200 London WlX 3DA to come to the United States. Many in our Washington, DC 20530 01–493–1613 community believe settling this case and VIA FACSIMILE Telex: 28407 allowing the technology industry to continue Dear Attorney Hesse: *FACSIMILE TRANSMlTTAL FORM * its growth will be extremely positive for all I would like to urge the Justice Department DATE: 1/2/02 of us (here or abroad). to expeditiously reach an equitable ADDRESSEE: [email protected] It is my opinion the settlement is fair and settlement in the Microsoft lawsuit. COMPANY: benefits consumers. I encourage you to According to what have read about this FAX NUMBER: 202–307–1454 accept this settlement. case, over $30 million in taxpayer money has SENDER: Frederick B. Rolison Sincerely, already been spent on this case. This has TITLE: Executive Vice President Ky Ngo caused more harm to American taxpayers NUMBER OF PAGES BEING MTC–00030764 than anything Microsoft may have done. It is TRANSMITTED: 1 time to end this folly. Operator: FROM: DICK ELDER CPA PHONE NO.: 425 Let’s allow Mcrosoft to do what it does Please deliver this document 653 0840 Jan. 02 2002 02:13PM P1 best-create jobs and move the hi-tech IMMEDIATELY to addressee. If there is any MEMO FROM DICK ELDER R.H. ELDER, industry and the American economy forward. problems with this transmission, please CPA—Small Business Consultant 5372 With the economy so fragile, now is not the notify the sender at (312) 527–4747. Thank Highland time to selectively pursue American you. Dr. S.E. Bellevue, WA 98006 Voice (425) 643 business. Comments: I believe the Microsoft 8522 FAX: (425) 653.0840 Wireless (425) I urge the Court and the Justice Department Settlement is fair and just. For all parties 442.0376 Email: [email protected] to support the settlement in this case. concerned. To: Dept of Justice Date Jan 2, 2002 Time: Yours truly, Thank you, Telecom#: 202/307–1454 Richard M. Sundstrom Fred Rolison US GOVT. MICROSOFT SETTLEMENT Director, Massachusetts State Archives I believe the best interests of the American 220 Morrissey Boulevard, Boston, MTC–00030763 People and the economics of Free Enterprise, Massachusetts 02125—(617) 727–9150 FROM : SUZANNA TASHIRO CHOI AND and Capitalism, which we have chosen, is ASSOC PHONE NO. : 9496535713 Jan. best served by ending the litigation with MTC–00030761 01 Microsoft quickly. The settlement reached is Kelly Jones 2002 01:42PM P1 fair and further litigation and stalling tactics 1008 Telegraph Station Lane Vietnamese—American Political Action by competitor corporations is unfair. Please Glen Allen, Virginia 23060 Committee have the District Court confirm the December 28, 2001 PO. BOX 836 . GARDEN GROVE. settlement agreement. Ms. Renata Hesse CALIFORNIA 92642—0836 Richard H. Elder
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MTC–00030765 MTC–00030767 received this facsimile in error, please TIM A.VANCE January 2, 2002 immediately notify us by telephone at the 838 GREEN DRIVE Deptment of Justice number listed on this cover sheet and return COSHOCTON, OHIO 43812 Washington, DC the original message to us at the above (740) 622–5883 I’m very disappointed at the prolong case address via the United States Postal Service. (740) 622–8311—OFFICE against Microsoft and that 9 states are still We will reimburse any costs you incur in TIM A. VANCE fighting the case even though I thought an notifying us and returning the message. January 2, 2002 agreement had been reached. The only Thank you. Attorney General John Ashcroft winners here are the lawyers as they have MTC–00030769 U.S. Department of Justice won in so many cases at the expense of the 950 Pennsylvania Avenue, NW consumer. Not only are they paid Wednesday, January 02, 2002 7:55 PM Washington, DC 20530–0001 endorsement fees, but the CONSUMER made CHARLES E. KESSLER 206 725 3279 P.01 Dear Attorney General Ashcroft. up the LOSER! Eventually all cost of Attention: I am writing to encourage your continued defending the cases are passed on to the Date: l/2/02 support for the settlement recently reached CONSUMER! Company: DEPARTMENT OF JUSTICE between Microsoft and the Department of From what I can determine with the Number of Pages: 2 Justice. It would seem in the best interest of information available the settlement is Fax Number: 1–202–307–1454 Microsoft users, the Department of Justice, FAIR!!!! Voice Number: and Microsoft to discontinue any further Please let’s not have another IBM fiasco, From: CHARLES E. KESSLER legal action against the company. where alot-of-money was spent and the case Company: Microsoft is an innovative leader in the was dismissed. Let’s move on with this case Fax Number: 2067253279 computer software industry and as such the and force the states to accepted the Voice Number: 2067253279 company has brought many benefits to agreement so that business can go on. Subject: computer users. I believe Microsoft, if given Sincerely, Comments: the opportunity, will continue to accrue Gene Pizzato Wednesday, January 02, 2002 7:55 PM benefits for every computer user and others 6007 E. Harvard Street CHARLES E. KESSLER 206 725 3279 in the computer and software industries. I do Scottsdale, Az 85257 FAX not believe further litigation against this January 2, 2002 company will be of any benefit to the MTC–00030768 Department of Justice American taxpayers. Please let the free Microsoft Corporation FAX 1–202–307–1454 enterprise system work without undue One Microsoft Way Subject: Microsoft Settlement government intervention. Redmond, WA 98052–0677 Gentlemen, As a taxpayer and user of Microsoft UNITED STATES OF AMERICA My family or I have never worked for or products, I think everyone would be better Phone: (425) 882–8080 had any connection to the Microsoft Co. and served if the settlement reached between Fax: (425) 93MSFAX (936–7329) I do not own any Microsoft stock. My only Microsoft and the Department of Justice is Internet: http://www.microsoft.com connection is that I have a personal computer supported. Thank you for all the work you MSFACSIMILE that uses Microsoft software. do on behalf of the citizens of the United TRANSMITTAL FORM It has always been my opinion that to States. To: penalize Microsoft for improving its software Sincerely, From: Don Holtzinger for the benefit of its customers is crazy. The Tim A Vance Fax Number: freedom to innovate and provide better Company: Dept Of Justice software should be rewarded not penalized. MTC–00030766 Phone Number: The only reason for these lawsuits is to 330 376 7886 Date: Wednesday, January 02, 2002 benefit the attorneys and the politicians who 12846 Troyer Ave. Time: 11:25:43 PM support Microsoft’s competitors. Uniontown, OH 44685 Pages: 1 Sincerely, December 29, 2001 Subject: Microsoft Settlement Charles E. Kessler Atty. Gen. John Ashcroft Note: 3000 S Graham St. US DoJ Dear Department Of Justice. Seattle, WA 98108 950 Penna. Ave, NW I’m very proud of the way you and 206–725–3279 Washington, DC 20530 Microsoft have worked to find a solution to Dear Mr. Ashcroft: the Anti-Trust case, and I think the solution MTC–00030770 After three long years of court battles promotes competition while letting the WED, JAN–02–02 9:24PM SHIRLEY Microsoft and Department of Justice have industry move forward with standards that KRATZER 6109656132 P.01 reached an agreement regarding the antitrust will ensure another 20 years of continued 3324 Berger Street suit. This settlement will be beneficial to technology growth. This settlement is tough, Allentown, PA 18103 both the IT industry and the consumers alike. but I believe it’s reasonable and fair to all January 2, 2002 It is necessary that those who are involved parties involved. Attorney General John Ashcroft in the suit put aside their differences and Please don’t let this lawsuit get sidetracked U.S. Department of Justice work to put this issue behind them. This by special interest groups or Attorney’s 950 Pennsylvania Avenue, NW settlement will help strengthen the economy Generals who are trying to keep their names Washington, DC 20530–0001 during this difficult time and ensure that the in the public spotlight. cc: Senator Rick Santorum industry continues to deliver advanced Thank you Dear Mr. Ashcroft: technology to the market. Your office has Sincerely, After three long years of legal battles, thus done well in offering a reasonable Don Holtzinger Microsoft and the Department of Justice settlement, and I think you should see it 17605 NE 101st Court thankfully reached a settlement in their through to the end. I appreciate the hard Redmond, WA 98052 antitrust dispute. This settlement is going to work you have done on this case. STATEMENT OF CONFIDENTIALITY: The be very good for both American industry and It is time for you to stop all action taking information in this facsimile message is American consumers. It offers something for place at the federal level regarding this case. legally privileged and confidential everybody, and fosters the kind of Let Microsoft get back to innovating and information and intended only for the use of competition that creates jobs and better stop wasting its time litigating. Your the addressee listed on this cover sheet. If the products that cost less. Therefore, it is settlement offer is fair and balanced, please reader of this message is not the intended necessary that all those involved in the suit don’t back out on it now. recipient, you are hereby notified that any work to enact this historic settlement. Sincerely, dissemination, distribution or copying of this This settlement is fair. At the end of the Jerry Parker telecopy is strictly prohibited. If you have negotiations, a mediator worked to finalize
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the details at the government’s behest. But Microsoft application developers. Only at the purchase a computer without a Microsoft not only is this settlement fair; it will also time of a new operating system release will operating system. help strengthen the economy, and ensure that application developers (Microsoft application 7. Microsoft should pay, in the form of a the industry continues to deliver advanced developers and the competition) get access to fine, for the time to register and activate its technology to the market. the new/updated Windows API details. new operating system and application The flagrant abuse of American taxes needs 2. Network protocol interfaces must be software releases. Why should users pay the to be ended. All action that is taking place completely released and the ability for non- bill to register and activate an operating at the federal level must be stopped. It is time Microsoft entities to integrate their network system feature that users never requested? I that Microsoft went back to focusing on protocols into the same Windows API as realize Microsoft is trying to reduce or innovation, rather than litigation. Thank you Microsoft network protocols. By revealing the eliminate software piracy, however that for your work in bringing this settlement network protocols, Microsoft Windows should not encroach on the user’s time or about. Now we can finally get our economy desktops can be easily integrated into non- expense to provide this service to Microsoft back on target. Microsoft servers (i.e., Linux and Samba). By without being compensated. When trying to Sincerely, providing the ability for non-Microsoft activate operating systems or application Shirley Kratzer entities to integrate their network protocols software on 25, 50 or over 100 desktops, this into Microsoft operating systems, cost becomes large. Microsoft, the initiator of MTC–00030771 competition for better network the act, should be burdened for the time and January 2, 2002 communication protocols will benefit expense. To Whom It May Concern: Microsoft operating system desktop users. 8. In October of 2001, Microsoft owned and RE: The Microsoft Anti-trust settlement 3. File formats of all Microsoft application operated web sites would only work with I am an independent computer consultant software need to be disclosed and changes to Internet Explorer. The Anti-trust settlement in the Chicago area. My client base includes the file format released at their product does nothing to insure that non-Microsoft several small to medium-size companies that release. Interoperability of Microsoft software browsers will be locked out of Microsoft have the need for a computer consultant, and competitive software needs to be owned web sites. Again, another predatory however, do not have the need to hire a full maintained, such that, when Microsoft tactic of Microsoft to insure their monopoly time staff member dedicated for their IT releases a new version of their software, by eliminating any non-Microsoft browser solutions. I have over 14 years experience competition’s software has the ability to read from connecting to their web sites. working with computers (mainframes, Microsoft file formats. Without file formats 9. Developing web sites that put Microsoft servers, workstations, and desktop being detailed, the competition’s software in a negative light is not allowed in the computers) with a variety of operating may not access files created by Microsoft license agreement the user must acknowledge systems. applications, thus, requiring Microsoft when using Front Page 2001, a Microsoft web Working with small to medium-size applications to also be installed to access the site development tool. If this type of companies, I receive the entire spectrum of information contained within (and again, licensing is permitted (and enforceable), then requests for computer support: building eliminating the competition). the government is acting as a subsidiary of computer systems, installing operating 4. Recent deployment of Windows XP and Microsoft Corporation, and allowing systems, installing application software, the resulting security breach clearly violation of the Freedom of Speech by a networking computers together for local and identifies that Microsoft cannot be an convicted monopoly. The Anti-trust wide area, making software operating system company, an application settlement does not address this issue. recommendations, designing and writing company and a network services company. A 10. Microsoft’s direction to annually tax for custom built software applications. From my convicted monopoly must insure that the the use of their operating system and its clients’’ direction, the two most required security and efficacy of their operating application software means user’s work features of an operating system for a system does not jeopardize the network developed today may not be accessible in the computer solution is price and reliability. computing community. If security is future, if the Microsoft annual fee is not paid. Price is obvious: the lower the cost, the better breached when a new Microsoft operating This amounts to extortion. The Anti-trust for the client. The more reliable a computer system is released, then Microsoft should pay settlement does not curtail this Microsoft system is, the less maintenance time the a fine. The message to Microsoft is simple: practice. If this practice is allowed, then it client will have (which directly lowers the Pay for your research and development up must clearly be labeled before a user total cost of the computer solution). front or pay for it in the back as a fine. purchases a Microsoft product to decide For my clients, I have purchased and Consumers are not your test bed for under whether or not the terms are acceptable. If installed open source software for the developed operating systems. the terms of the agreement are not disclosed operating system and file/print services (i.e., 5. With the release of Windows XP, before opening the software box, after Linux and Samba). Though many of my Microsoft is still up to its monopolistic opening the software, often the user is not customers use Microsoft Windows based practices of integrating similar competitive allowed to return the software. desktop on the client side, Linux and Samba applications into its operating system 11. I chose the words entities and comprise the server side. With regards to the releases to eliminate competition. Two competition throughout this list of small to medium-size company, below are products that have been added to the latest grievances, because I advocate that my grievances with the proposed Microsoft Windows operating system are: remote competition does not solely come from for- Anti-trust settlement. administration ability and CD-RW ability profit companies. However, competition does 1. Microsoft application developers will (burn CDs). Both of these products were also appear in the form of open source still be able to practice unfair competition. available from the competition, however, by solutions as well (i.e., Linux and Samba). The Windows Application Programming Interface bundling these features into the operating current Anti-trust settlement favors Microsoft (API) allows Microsoft applications to system Microsoft again eliminates its by eliminating the requirement to share its integrate seamlessly with Microsoft operating competition, similar to what Microsoft did Windows API, networking protocols, file systems. Competitive products do not when it bundled its Internet Explorer formats, and any information detailed in the integrate well with a new release of Microsoft browser into its operating systems. The Anti- settlement with open source groups or non- operating systems. Rather competitive trust settlement does not go far enough to profit organizations. products must go through an upgrade to work stop the predatory practice. 12. Historically, the government has split with a new Microsoft operating system. The 6. The actual cost of the bundled software monopolies up to insure competition and root cause is that Microsoft application when purchasing a computer system must be protect the people from abuse of the developers have access Windows APIs (both listed on the computer invoice, and must be monopoly. I strongly think Microsoft should documented and undocumented). To remedy permitted to purchase the same computer be split into three companies: applications this problem, Microsoft should be split into without the software (unbundled). Currently, software, operating system software, and three companies: application software, when a computer consumer goes to purchase network services. Since Microsoft is operating system software and network a new computer, only Microsoft operating convicted of being and acting as a monopoly, services (i.e. MSN). All Windows APIs must systems are bundled with the computer. A yet the government does not want to split be revealed to the competition, as well as special order computer must be made to Microsoft up, I think a new remedy must be
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imposed on Microsoft. That remedy is As a resident of Ohio, I am writing to a graphical user interface, both the operating Microsoft must list the words ‘‘A Monopoly’’ express my relief that the government has system and the application software quickly with all their Microsoft brandings of their finally settled its case against Microsoft. I am overwhelmed all competition. products, services, web sites, etc. Anywhere sorry that the case was ever brought against There is no way any maker of application Microsoft lists the words Microsoft them in the first place but now that it has software will ever compete successfully with Corporation, the clause ‘‘A Monopoly’’ must been resolved, I hope that it will not be long a company that also makes both applications also be listed. before they will able to get back to business. and operating systems. As long as Microsoft In my humble opinion, I have supported Microsoft from the is allowed to sell both operating systems and Kenneth Cobler 9943 Drury Lane beginning because of the influence it has on application software, it will continue to enjoy Westchester, IL 60154 our economy. As a major player in the stock monopoly power no matter what other market, any boon to Microsoft will be a good remedies the court might impose. MTC–00030772 windfall for the rest of the market and the IT I ask the court to give serious consideration FROM: STENGEL BROS INC industry as a whole. to a remedy which separates Microsoft’s FAX NO.: 6104331793 I hope that you will listen to the opinions operating system and applications Jan. 03 2002 09:50AM Pl of your constituents on this matter and development, such as that proposed by 213 Shelf Street # B12 support Microsoft and the Department of California, Connecticut, Florida, Iowa, Lower Paxton, PA 17109 Justice’s decision. Thank you for your time Kansas, Massachusetts, Minnesota, Utah, January 2, 2002 and I look forward to hearing back from you West Virginia and the District of Columbia. Attorney General John Ashcroft on this matter. Nothing less will give any other maker of The U.S. Department of Justice Sincerely, operating systems or applications a chance to 950 Pennsylvania Ave. Valeri Stephens-Ellis erode Microsoft’s 90% plus share of the Washington, DC, USA 20530 MTC–00030774 software marketplace. Dear Attorney General Ashcroft, Sincerely, I am writing to express my thoughts on the JAN. 3. 2002 8:04AM HIVNET STATS Phillip L. Kirsch Microsoft antitrust case. The settlement was CENTER 20421 SE 157th Street hammered out after negotiating with a court- NO. 1451 P. 1 Renton, WA 98059–9041 appointed mediator, and was apparently Renata Hesse, Trial Attorney, good enough for nine states to approve. Suite 1200, Antitrust Division, MTC–00030775 Microsoft is currently working with the 3 Department of Justice, Admiral Integration remaining states to reach a resolution to the 601 D Street NW, 8564270600 lawsuit. I support the settlement, and I Washington, DC 20530 01/03/02 11:39A P.OO1 encourage you to continue working to enact re: United States of American v. Microsoft Admiral Integratian, Inc. it. Corporation, Civil Action No. 98–1232 1950 Old Cuthbert Rd. The settlement allows competitors to sue To whom it may concern: Suite L Microsoft if they feel that it is not complying I am writing as a private citizen to express Cherry Hill,NJ 08034 with the terms of the agreement, and the my concerns about the revised proposed Phone (856) 429–6700 Fax (856) 427–0600 government created a technical oversight Final Judgment, Stipulation and Competitive December 31, 2001 committee to review Microsoft’s codes and Impact Statement which has been filed with Attorney General John Ashcroft books. The federal budget is tight, and it is the United States District Court for the US Department of Justice; 950 Pennsylvania a bad idea to spend scarce resources on a District of Columbia in United States of Avenue, NW problem that has already been solved. In America v. Microsoft Corporation, Civil Washington, DC 20530 short, three years has been long enough I ask Action No. 98–1232. Dear Mr. Ashcroft: that you work to allow the settlement the It is my opinion that nothing in the above Now that this regrettable suit against time to prove itself. referenced proposal addresses the unfair Microsoft has been settled, I am hoping that Sincerely, advantage Microsoft has gained by being the the public comment portion will indeed John Stengel creator of both operating systems and sustain the wisdom of the settlement. I do not cc: Senator Rick Santorum application software. In 1990, Lotus 1–2–3 believe that any further federal action would Representative George W. Gekas was a dominant spreadsheet package and do anything more than to further fragment Word Perfect a widely used Word Processor. our nation’s business community and further MTC–00030773 dBASE was a widely used database and erode any economic progress now under ELITE PERSONNEL AGENCY 202 353 8856 Novell was beginning its rise as a way to way. No. 955 P.01 network individual PCs. None of these There are times where it is a good thing to FAX COVER SHEET companies has been able to complete with have our government possess the power to ELITE PERSONNEL AGENCY Microsoft. Why? They had to wait for radically alter a large, monopolistic company 940 The Terminal Tower Phone-(216)771– Microsoft to release an new operating system so that it becomes more responsive to the 7810 before they could adapt to it. By the time American consumer. But this case against 50 Public Square Fax.(216)348–7086 they had adapted to Windows 3.1, Microsoft Microsoft was not one of those times. Cleveland, Ohio 44113 was getting ready to release Windows 95 and Microsoft has been extremely responsive to e-mall: [email protected] by the time Microsoft got to Windows 98, customers, and that is exactly why it has Check us out on the Web/: they were dead or dying. Users had little been successful. Microsoft is not an ossified www.elltepersonnelinc.com interest in software that was a step behind giant. While Microsoft may well have 0 Urgent 0 Reply ASAP 0 Please comment O the cutting edge. exhibited tendencies toward safeguarding its Please review 0 For your information About the time Apple released the technology, this is and of itself did not, in my Comments: Macintosh operating system, it also released opinion, approach the level of federal Re: Tunney Act Word Processing and database software. Few intervention. Please accept the following letter as my others even tried to complete. The market With so many other more important issues opinion regarding the Microsoft case was small and anyone could see the facing our country today, this sort of thing Sincerely significance of Apple’s advantage in it. By ought to be the last on our growing list of Valeri Stephens-Ellis contrast, Microsoft never tied to sell priorities. 1444 West 10th Street Apartment 401 application software of any sort until MS– Sincerely, Cleveland, Ohio 44113 DOS was well-established in the Mike McEntee December 20, 2001 marketplace, and its initial entries were not General Manager Sen. Mike DeWine well-received. Other companies had already [email protected] United States Senate done a good job of creating software for a Washington, DC 20510 character-based interface. But, when MTC–00030776 Dear Senator DeWine: Microsoft began to pair its applications with CARPET & INTERIORS UNLIMITED
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602 SLATER STREET the computer industry—that Microsoft got to systems (e,g. MS office tools, etc). I agree that KINGS MOUNTAIN,NC 28086 where they were because they had the vision some of their practices are designed to keep 704/739/7234 to see the future, its potential, and the talent their business rolling, but what business isn’t FAX COVER SHEET to get them there. looking out for their future interests? If TO: DOJ The government is certainly in no position people or businesses do not like their FAX#: 1–202–307–1454 to tell anyone how to run a business. And if practices or products, they can simply choose FROM: Carpet + Interior you look at the damage that DOJ has caused not to buy or use them. It is not the DATE: 1/3/01 to some of our major industries over the last government’s job to determine individuals’ TOTAL PAGES (INCLUDING COVER 70 years it raises serious questions about the preferences or best interests. Our country’s SHEET): 2 value of DOJ to the United States. For economy is based on capitalism, and should MESSAGE: example: The U.S. had one of the world’s continue in the same fashion by leaving CARPET & INTERIORS UNLIMITED best shoe industries in the early 1900’s. The Microsoft alone. Again, I ask that you please 602 SLATER STREET USMC (United Shoe Machinery Corporation) continue the Justice Department’s present KINGS MOUNTAIN,NC 28086 was the reason for it. Complaints from other course of action and enact the settlement. (704)739–7234 countries—who found it difficult to compete Thank you. I think all states should settle with in the U.S. against the USMC caused the DOJ Sincerely, Microsoft ASAP—Will be good for folks to bring a ‘‘Monopoly’’ suit against them, Max Sperry HA which, among other things, forbid them to CC: Senator Rick Santorum lease their equipment. This put most of our MTC–00030780 MTC–00030777 shoe manufacturers out of business, and, FROM : JERRY R MODRE eventually, drove the great USMC out of M & T PROPERTIES PHONE NO. : 205 822 2960 existence. We no longer have a shoe industry 602 SLATER STREET Jan. 03 2002 11:32AM P1/1 or a shoe machinery industry. KINGS MOUNTAIN, NC 28086 Jerry R. Moore The ill-conceived suit against IBM (because (704) 739–2756 513 Lansdowne Place they were too good at creating and building FACSIMILE TRANSMITTAL Vestavia Hills, AL 35226 THEIR OWN industry) cut the company’s NAME: DOJ (205) 822–2960 value and stopped their growth cold. They FAX#: 1–202–307–1454 January 2, 2002 nearly went out of business. It forced them FROM: M&T Properties Attorney General John Ashcroft to do things no other competitor had to do— DATE: The Department of Justice announce their new products 6 months in NUMBER OF PAGE BE FAXED: 2 950 Pennsylvania Avenue, NW advance, give competitors DRAWINGS and MESSAGE: Washington, DC 20530–0001 hookup information 6 months in advance, M & T PROPERTIES Cc: Representative Spencer Bachus prevented bundling of services and products, 602 SLATER STREET Dear Mr. Ashcroft: etc. No one else had to play by these rules. KINGS MOUNTAIN, NC 28086 (704)739–2756 As a big fan of Microsoft, I write you in I don’t know how they survived. I Think All States Should Settle With reference to the recent settlement between The breakup of AT&T is another example. Microsoft it Fair An Good For Folk Microsoft and the Department of Justice. I am This is the company founded by Alexander DR pleased to see that a settlement has been Graham Bell—the INVENTOR of the reached; I encourage any action by the telephone. If the FCC did their job they could MTC–00030781 government that would put this issue behind have directed lower rates to consumers (like J. Frederick Laucius M.D. us. they need to do now to the cable companies) 1025 Arboretum Road Being an ‘‘old dog’’ trying to learn new and the ‘reason’ for the breakup would have Wynote, PA 19095–21O9 tricks, I found Microsoft very helpful in disappeared. Of course, that would be too Department of Justice making me comfortable with using a quick and too efficient—words not known to Dear Sir or Madam: computer. Thanks to their ‘‘point and click’’ the Federal Government. January 3, 2002 instructions, I felt right at home, as were Yours truly, RE Microsoft Settlement many of my friends. It is technology such as Henry A. Balboni I believe the settlement negotiated by the this that we need to support. During these MTC–00030779 United States Department of Justice is fair. times of financial troubles, our country has Further litigation is a waste of the country’s to support the competitive process, and let Max Sperry resources to benefit only a few. The current our technology industry continue to grow. 52 Sunset Drive products provided by Microsoft have proved Since this settlement is beneficial to Ottsville, PA 18942 productive in my practice of medicine. I consumers, the IT sector and our economy as January 2, 2002 believe that the distraction thus far has been a whole, it seems foolish to waste scarce Attorney General John Ashcroft disruptive. I hope this information is helpful resources in reexamining a settled case. Let US Department of Justice, to you in your decision. us support the growth of our technology 950 Pennsylvania Avenue, NW Sincerely yours, Industry, and put a stop to any further Washington, DC 20530–0001 J. Fredcrick Laucius M.D. hearings against the Microsoft settlement. Dear Mr. Ashcroft: Thank you for taking the time to hear my I am writing you to encourage our MTC–00030782 positive outlook: on the settlement. government to agree to the proposed WISCONSIN EDUCATION ASSOCIATION Sincerely, settlement of the Microsoft case. The current COUNCIL Jerry R. Moore settlement was reached after much January 3. 2002 deliberation and effort. It calls for changes in Renata B. Hesse MTC–00030778 Microsoft’s business practices, creating new Antitrust Division Date: January 3, 2002 rules that allow for more competition in the U.S. Department of Justice From: Henry Balboni IT sector. I see no need for federal hearings 601 D. Street NW 1329 Doylin Dr. and lawsuits when the states have already Suite 1200 Cary, NC 2751l-5844 had their say. Big-Brother government should Washington, DC 20530–0001 To: U. S. Department of Justice keep its nose out of business and concentrate VIA FACSIMILE: 1–202–307–1454 Washington, DC on fighting our wars. Dear Ms. Hesse: Re: Microsoft Settlement I have had extensive experience in dealing The Wisconsin Education Association It is time to end this case and allow one with Microsoft, working for years in the Council represents the public policy, labor of the nation’s finest companies to get back broadband communications industry, I am and professional interests of its 92,000 to business. I am retired now but worked for currently retired but do some engineering members. WEAC is a strong voice, advocating a competitor of Microsoft. It was common consulting, whereby all of the software I use for Great Schools for its members and for the knowledge in my company—and others in is integrated with Microsoft’s internal 800,000 children in Wisconsin public
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schools. Every child deserves to attend the public, especially investors and those in have this case behind us. In my opinion schools that are wired and equipped with related industries, get some much-needed Microsoft conceded more than they initially technology and to have teachers trained to certainty in the settlement; and ideally the intended, but the state of our Nation’s effectively use technology in the classroom. national economy will take the settlement as economy was more important to Microsoft WEAC supports the goals set forth in the something of a spark to get us out of the than the stipulations agreed upon, The new proposed Microsoft class action settlement recession. rules now require that Microsoft turn over agreement to establish an independent Perhaps I am too hopeful, but I would information to their competitors about how foundation comprised of educators that will guess not. This settlement proposal is they, Microsoft, design their Windows distribute technology funds, computers and evidence that disagreeing parties in the operating systems. In essence, Microsoft has software to the country’s poorest schools and corporate and legal worlds can reach agreed to give-up its intellectual property to provide for teacher training. accommodation at times. And that in itself is competitors who are neither as smart nor These funds will be critical to Wisconsin, good news. I hope the settlement is technologically advanced. especially schools in our poor, small rural approved, and with dispatch. Hopefully we can now move on to issues districts and some of our larger urban areas. Thank you for taking the time to consider that are vitally important to the safety and Overall, Wisconsin falls below the national my opinion on this matter. security of our nation—as opposed to those average in the categories of the percentage of Very truly yours, issues directed at undermining America’s fourth-grade and eighth-grade students in William McDonough business competitiveness. Again, thanks for schools that make computers available in all your prudence in settling this matter. classrooms and hours of training for teachers, MTC–00030785 Sincerely, according to ‘‘Technology Counts 99’’, a Hydratecs Injection Equipment Inc. Charles Hatch report issues by Education Week. In addition, 430 Morgan Avenue a 1999 survey of our members showed that Akron, Ohio 44311 USA INTERNET MTC–00030787 only about half believe they receive sufficient www.rubberworld.com/hic 724–746–7012 Sherwood Valley Pools training to run the computers and software in Phone (330) 773–049 I 672 P01 their districts and only 40 percent get Fax No. (330) 773–3800 1943 Route 980 sufficient help from their district to integrate January 3, 2002 Canonsbura, Pennsylvania 15317 the new technology into curriculum. Attorney General John Ashcroft January 2, 200l The proposed settlement will address both US Department of Justice Attorney General John Ashcroft needs—to get computers into the classrooms 950 Pennsylvania Avenue, NW US Department of Justice and to train teachers on how to integrate Washington, DC 20530–0001 950 Pennsylvania Avenue, NW them into the curriculum. WC encourage the Dear Mr. Ashcroft: Washington, DC 20530 Department of Justice to accept the proposed This letter is to express support for the Dear Mr. Ashcroft: settlement. Every child deserves a Great settlement to the antitrust dispute negotiated I feel that the settlement between Microsoft School, a school that is wired for the future. by Microsoft and the Justice Department. I and the Justice Department is fair and should Sincerely, think it is in the best interest of everyone be accepted by all eighteen of the original Stan Johnson President involved if the District Court Judge accepts suing states. It is my opinion that the Wisconsin Education Association Council the agreement, and this case is brought to government should leave well enough alone, Stan Johnson, President closure. and let Microsoft get back to business. I do Michael A. Butera, Executive Director The settlement is sensible, just, and not feel that this is, or ever has been, a 33 Nob Hill Drive PO BOX 8003 Madison, addresses many of the problems that people government issue. It is matter of business, WI 53708–8003 [608] 276–7711 [800] 362– had with Microsoft to begin with. Important and since we are a society built upon the 8034 steps will be taken to ensure that others have ideals of free enterprise and hard work, reasonable access to the market. At the same business should be the last of the MTC–00030784 time, it recognizes the contributions that government’s worries. William McDonough Microsoft has made to the computer industry Microsoft owns the rights to some of this 384 Waltham Street and the U.S. economy. For example, country’s greatest technologies, and now West Newton, MA 02465 Microsoft will still be able to sell licenses to other companies are jealous. Instead of January 3, 2002 computer makers, but only at a set standard creating products that can compete with Renata Hesse price, meaning that Microsoft can’t play Microsoft’s, these other companies have Trial Attorney favorites or retaliate if another company’s aligned themselves with outside interest Antitrust Division software is also being put on a computer. The groups. I have four PC’s at home and use Department of Justice settlement also allows Microsoft to continue Microsoft products daily. I am free to use 601 D Street NW, Suite 1200 to use the integrated technology that has whatever software I choose, and Microsoft Washington, DC 20530 made it a world leader. Other firms will also simply provides me with the most consistent Dear Attorney Hesse, be able to access this technology, so quality. It is my understanding that you are computers will become even more integrated, Microsoft is one of this nation’s largest accepting public comment with regard to the and consumers will end up with even more employers, and it is truly one of America’s MICROSOFT ANTITRUST case, and the creative choices. greatest corporate assets. As such, it should settlement proposal now before Judge Thank you for allowing me to comment on be allowed to continue doing business the Colleen Kollar Kotelly. I would like to this. I hope that the settlement will be final. way business was intended to be in America, express my hope that the Settlement is Sincerely, free of government control and interference. accepted and that this case can end. I do not Carl Chiofolo Thank you for settling this case; I know the intricacies of antitrust law, but I President appreciate your belief in free enterprise. can infer from what I read that much of this cc: Senator Rick Santorum is subjective in nature: more gray area than MTC–00030786 Sincerely, black and white. As such, I believe the 526 Doral Drive Darlene Barni settlement process is an appropriate way to Bethany Beach, Delaware 19930 settle the case and get this out of the counts. January 3, 2OO2 MTC–00030788 If I might be somewhat optimistic at this Attorney General John Ashcroft CINCINNATI INSURANCE point, I think much good can come of this. US Department of Justice 65 Twin Lakes Drive consider the Justice Department achieves a 950 Pennsylvania Avenue, NW Fairfield, OH 45014 means to regulate and monitor Microsoft’s Washington, DC 20530 January 3, 2002 activity; microsoft be allowed to continue the Dear Mr. Ashcroft: Attorney General John Ashcroft business model that has worked so well for Thanks for settling the antitrust case U.S. Justice Department them; the other companies bringing against Microsoft. The settlement is fair for 950 Pennsylvania Avenue complaint receive some measures of remedy; all parties involved. We are all fortunate to Washington, DC 20530–0001
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Dear Mr. Ashcroft, MTC–00030790 input. I hope Judge Kollar Kotelly will act It recently came to my attention that the Arthur J. McCabe & Associates, P.C. with dispatch and see the wisdom in this Justice Department is accepting public Attorneys and Counselors at Law settlement. comment on the Microsoft antitrust case for January 2, 2002 Sincerely, a 60-day period. The settlement reached Renata Hesse William Cunningham between Microsoft and the Department of Trial Attorney P.O. Box 1992—Andover, MA 01810— Justice makes a lot of sense, and it should be Antitrust Division Telephone 978–475–3444—Fax 978–948– implemented as soon as the formality of the Department of Justice 5135 [email protected] comment period is over. 601 D Street NW, Suite 1200 MTC–00030792 It appears to me that the problems that Washington, DC 20530 brought about the lawsuits in the first place Dear Attorney Hesse, PAUL GLAVEY have been addressed, and that guides are in Under the provisions of the Tunney Act, I LITTLETON SELECTMAN place to protect smaller companies from offer my comment in support of the January 3, 2002 future injustices. There is no need for more settlement agreement reached in the case Renata Hesse wasted time on the federal level. Personally, United States v. Microsoft. As an attorney Trial Attorney I think the issues in question were non-issues and small businessperson involved in Antitrust Division to begin with. economic development projects, I believe Department of Justice In short, it is time to move on our country this to be a fair and reasonable settlement of 601 D Street NW, Suite 1200 has more serious matters to deal with then the complaints brought forward in federal Washington, DC 20530 the practices of Microsoft. Although new court. To the extent that Microsoft violated Dear Attorney Hesse, government guidelines w-ill be placed on the law, this seems to be an equitable settlement As a local official serving a community IT sector, this settlement will provide for consumer and competitor alike. And in with many high-tech employees, I would like certainty about the new rules and bring the interests of the business community as a to take this opportunity during the public stability to the industry, This will ensure that whole, a decisive resolution is a very comment period to offer my thoughts on the our country can continue to introduce welcome prospect. proposed Microsoft settlement. The region advanced American technology to the world Microsoft and the information technology where I am from is home to many high-tech market. I thank you for taking the time to sector as a whole have contributed a great companies, both established and start-ups, consider my thoughts, and I wish you luck deal to daily life, and to the growth of the and so I am able to see the ramifications of with the other matters your office is national economy. A resolution of this case the two-plus year case against Microsoft as it handling. as detailed in the settlement agreement will is manifest in the local economy. The Sincerely, allow that beneficial growth and litigation is certainly not the only factor, but Tom Lupinetti development to continue. it is decidedly a big factor in the evident slow I appreciate your time in considering my down in the information and related MTC–00030789 opinion in this matter. technology sectors. ANDOVER STRATEGIC ALLIAN 978 470 Sincerely, I support the settlement because I believe 4800 Arthur J. McCabe the case was misguided, because I think it Unit 2 Cromac Wood One Elm Square, P.O. Box 990, Andover, was bad for the economy, and because I think Ormeau Road MA 01810 tel978–470–0200—fax 978–470 it is a sensible time to end all this with a BELFAST MTC–00030791 compromise. I believe it was wrong to Tel: 028 9051 2000 prosecute Microsoft for antitrust violations William J. Cunningham Fax:028 9051 2080 because everything my own experiences tell January 2,2002 January 2, 2002 Renata Hesse me say that the information tech industry is Please accept these comments in support of Trial Attorney nothing if not volatile, and that the end the settlement proposal in the Microsoft Antitrust Division product of that volatility has been antitrust case. I support the arrangement Department of Justice inexpensive and efficient products. I think agreed to by the government attorneys and 601 D Street NW, Suite 1200 the case has been bad for the economy Microsoft to end the litigation, and impose Washington, DC 20530 because the nature of the industry is that certain sanctions and competitive Dear Attorney Hesse, freedom to evolve is essential, and the protections. I do not support any further I would like to go on record in support of litigation portends a more restricted intrusion into the private marketplace as is the settlement negotiated between the Justice marketplace for ideas and technology. And I sought by Microsoft’s competitors. The Department and Microsoft to settle their think it is best to settle now because a agreement serves the public interest: the ongoing antitrust case. Too much time, settlement has been reached between two increased (illegible) only serve special energy and money have been expended in opposing forces (Microsoft, and the DOJ) at interests. pursuit of this case already, and it is clearly a time when the economy could use some Millions of us in private industry, as well time to end things now. Whatever perceived good news. as consumers at home, use and appreciate public interest there might have been in All this suggests to me that the calls for a Microsoft product. We are also not unaware litigating this case certainly is achieved in more stringent set of conditions are unwise of the competitive nature of the information the terms of the settlement, Microsoft is and fraught with risk. I urge the Department technology business. Microsoft no doubt punished for its apparent wrongdoings, and of Justice attorneys to stick to your position play:; rough, but so do its many competitors. the high-tech sector of the economy is now and urge the Judge to accept the proposed It does not seem to me that any monopolistic to be more closely monitored. settlement. Thank you. force is at work in that very volatile market. It is hard to imagine what further public Sincerely, The free-market system appears alive and good would be achieved by more stringent Paul J. Glavey well. measures than those outlined in the MTC–00030793 The antitrust laws are an important agreement, but sadly that is what Microsoft’s protection for American consumers and the competitors are seeking. I believe it would be VALLERIS economy as a whole. It is good that the a dangerous precedent for the government to Phone: 310–473–2858 Justice Department acts when it perceives a assume a role of daily arbiter in the workings Fax: 310–388–1240 violation. And it is even better when they of an industry that by its nature needs www.valleris.com recognize it is time to compromise and settle. freedom to innovate. The Justice Department Technology Solutions for Business That time is now. should hold its ground and seek to end this January 2,2002 Sincerely, case: it is not the purpose of antitrust Attorney General John Ashcroft Patricia (illegible) litigation to reward competitors in an U.S. Department of Justice Canal Street, Lawrence, Massachusetts industry. 950 Pennsylvania Avenue, NW 01843 Please accept my thanks for your work in Washington, DC 20530–0001 Tel: (978) 686–2907 resolving this case, and for considering my Dear Mr. Ashcroft:
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I am writing this letter per Tunney Act Sincerely, I am writing to express my support for the criteria expressing my support of the Dana Gargano recently negotiated settlement between the Department of Justice settlement reached President Department of Justice and Microsoft. I am of against Microsoft. I also hold the view that the opinion that this lawsuit had been this being a free country, everyone has the MTC–00030795 generated more because of Microsoft’s direct right to free enterprise, and that government Joseph and Ann Rosenthal competitors, rather than from any sense of involvement should be as minimal as 4712 Meadowview Boulevard altruistic justice that the government was possible in such cases as the antitrust suit. Sarasota, Florida 34233 hoping to achieve. In fact, when the courts The settlement that was reached will be January 3,2002 erroneously suggested that carving Microsoft beneficial to the entire IT industry, not to Attorney General John Ashcroft up into littler, more manageable pieces was mention end users of Microsoft’s—and other US Department of Justice a good idea, any concept of justice had long IT companies’’—products, 950 Pennsylvania Avenue, NW since departed the discussion. There need not be any more restrictions Washington, DC 20530 At long last, there is a fair and equitable imposed upon Microsoft. The settlement is Dear Mr. Ashcroft: settlement in sight. It obliges Microsoft to far and reasonable, and, more than anything I am writing to express my support for the program successive versions of Windows else, it is comprehensive. The establishment settlement that was reached between with a mechanism to promote non-Windows of a ‘‘Technical Committee,’’ which will Microsoft and the Department of Justice last products on Windows, and gives hardware monitor compliance to the settlement, will November. I am glad to see that this case is companies flexibility with what software also arrange enforcement of the settlement. finally coming to a close. they want to ship on their computers to Microsoft cannot retaliate against any Microsoft has agreed to grant its dealers and purchasers. The settlement will computer-makers that may ship software that competitors new rights that will allow force improved interoperability between would compete with the programs that computer makers to configure the Windows Windows and non-Microsoft programs as compete with Microsoft products. In light of operating system so that non-Microsoft well, so the settlement includes and affects this extremely punitive settlement, the software can be promoted within Windows. every company in the IT community. It is my company deserves a break from spending more time in the courtroom. The company has also stated that it will not hope that this settlement will ultimately Even though settlement seems to curb free retaliate against any hardware or software prevail, and that all of us can turn our enterprise, it is necessary to settle the case developer that develops products that collective attention back upon the task of re- now to help strengthen the economy and end compete with Windows. Microsoft has even strengthening our faltering economy. this tax-funded witch-hunt. This has been a agreed to let a three person technical Sincerely, real misuse of American taxes and a federal committee oversee its business operations to Alexander Altotsky settlement will demonstrate what it means to ensure that the company complies with all President terms of the current settlement. These tenets do the right thing. Thank you for your effort MTC–00030798 in bringing about the settlement, and please all combine to guarantee a fair and workable FROM : Respondus, Inc. continue to see it through to fruition. settlement that will address the concerns of Microsoft CERTIFIED Partner all involved parties. FAX NO.: 425–861–3839 Jan. 03 2002 Sincerely, I support the settlement between Microsoft O5:20PM P1 Shahin Kohan and the United States Department of Justice. Respondus CTO It is a reasonable solution to a legal battle that 17127 NE 83rd Ct., Redmond, WA 98052 11040 santa monica boulevard, los angeles, has been draining resources for too long. Phone: 425–497–0389—Fax: 435–881–3329 ca 90025 Sincerely, Email: [email protected]— Joseph Rosenthal 1/3/02 www.respondus.com MTC–00030794 January 3, 2002 MTC–00030796 Systems Integration Attorney General John Ashcroft Network Synergy Folks: US Department of Justice 126 Monroe Turnpike, Trumbull CT 06611 Re: Microsoft Inc. 950 Pennsylvania Avenue, NW Phone (203) 261–2201 Fax (203) 261– Get Off Their Backs- Get our economy on Washington, DC 20530 2935 track— If not for Microsoft, MEL Many more Dear Mr. Ashcroft: 31 December 2001 people would not find it easy to use a I wanted to let you know that my Attorney General John Ashcroft computer !! They are the Best ! Stop Holding colleagues and I were pleased with the US Department of Justice Them Back With settlement that was reached between 950 Pennsylvania Ave., NW New Ideas !! Microsoft Corporation, the Department of Washington, DC 20530 Thank You Justice, and several States. I believe that the Dear Mr. Ashcroft, P.S. settlement addresses the key issues that are Like many others in the high technology Winners Admire Other Winners— of concern to consumers and most software business, I have sometimes found Microsoft’s Losers Resent Winners !! development companies. Moreover, I think it business dealings a bit protective and Marvin Epstein is in the best interest of the software overzealous. However, I am not sure that this 234 Uxbridge development industry, if not the nation, to attitude should have ever warranted the Cherry Hill, NJ 08034 put this matter behind us. The entire strong-arm government intervention of the technology community has lacked direction MTC–00030797 kind that we have seen over this federal and has had to deal with a great amount of lawsuit against Microsoft. Of course, one of RENET CONSULTING, INC uncertainty for the past two years. I think this the greatest fears in the IT community has 10175 SW Barbur Blvd. settlement is the best way to end this lawsuit been a back-of-the-mind fear that if the Suite 201B and to put the technology industry back on government’s case against Microsoft had Portland, OR 97219 track. succeeded with the enthusiasm once Phone: 503–517–0472 Sincerely, considered, that other companies within the Fax: 503–517–0474 David J. Smetters IT community would soon find themselves Email: [email protected] President subsequent targets, as well. We Help You Find a Way In a Labyrinth of Testing, Assessment, and Survey Now that a reasonable settlement has been Technology Applications for the e-Learning Market reached, it is my hope that it will be upheld Microsoft CERTIFIED Partner through the review process, and that we can January 3, 2002 MTC–00030799 all get on with the obviously more important Attorney General John Ashcroft CHANGE issues facing the nation this new year. U.S. Department of Justice NEW YORK I am writing this letter to voice my support 950 Pennsylvania Avenue, NW TELEPHONE: (518) 383–2696 for the settlement. I hope that others will Washington, DC 20530–0001 FAX: (518) 383–2841 follow. Thank you. Dear Mr. Ashcroft, FAX TRANSMISSION
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TO: Renata Hesse Since there are many more important Sincerely, Antitrust Division, U.S. Dept. of Justice issues currently facing our country it is Frank Van Overstracten FAX #: 202–616–9937 important to enact the settlement and cc: Senator Strom Thurmond FROM: Bennard T. Brooks support our technology industry by letting Representative Lindsey Graham TOTAL NUMBER OF PAGES (including this the process move forward and by allowing cover sheet): 2 the competitive process to take hold. The MTC–00030802 COMMENTS: people being harmed by this delay include TO. Administrator NOTE: If you experience any problem with not only those in the IT sector, but also COMPANY: Department of Justice this transmission, consumers and our economy as a whole. FAX NUMBER: 202–307-1454 please call the CHANGE NY office at (518) I urge you to continue your support of the Or 202–616–9937 383–2696 immediately. settlement, and help make sure that no more FROM: James W. Bushee Thank you action is taken against this agreement. Let us DATE: 01/04/02 P.O. Box 720, Clifton Park, New York 12065 move forward and allow the American NUMBER OF PAGES 1 CHANGE consumer to fully benefit from the high-end SENDER’S FAX NUMBER: 703–281–2931 NEW YORK technology that we can surely provide, with RE: Microsoft Settlement YOUR REFERENCE January 3, 2002 a settlement that improves business practices NUMBER: Renata Hesse as well as design improvements in Windows x URGENT FOR REVIEW PLEASE Trial Attorney and other Microsoft programs. COMMENT PLEASE REPLY PLEASE Antitrust Division Sincerely, RECYCLE Department of Justice John Swinney Notes/Comments: 601 D Street NW, Suite 1200 Gentlemen; MTC–00030801 Washington, DC 20530 I was pleased that a settlement with SENT VIA FAX:202–616–9937 Jan 04 02 09:58a Microsoft was worked out by your Dear Ms. Hesse, FrankVan Overstraeten 864 944 7146 p.1 Department. While the terms weren’t as As New York State’s largest taxpayer 22 Cardinal Point permissive as Microsoft would have chosen, organization, CHANGE-NY encourages Judge Salem, SC 29676 they obviously weren’t as onerous as Kollar Kotelly to adopt the settlement as January 3, 2002 Microsoft’s competitors would have chosen. proposed in the case of the United States v. Attorney General John Ashcroft, US I fully support the settlement and hope we, Microsoft. We believe that such a settlement Department of Justice as a Nation, can get on to more productive now would benefit New York, one of the 950 Pennsylvania Avenue, NW (than making lawyers rich by litigating) states that was a party to the original lawsuit. Washington, DC 20530–0001 issues. Taxpayers have been forced to foot the bill Dear Mr. Ashcroft, Jim Bushee for the case against Microsoft while surveys It has come to my attention that the 315 EAST STREET, NORTHEAST of New Yorkers show that 64 percent support Department of Justice (DOJ) has finally VIENNA, VlRGINIA 22180–3619 a settlement or dropping the case altogether. settled its antitrust lawsuit against Microsoft E-MAIL: [email protected] Thank you. with a strong and binding agreement that will Sincerely, permanently change the software industry. I MTC–00030803 Bernard J. Brooks applaud the decision to end this lengthy 249 Beverly Road Statewide Coordinator lawsuit, because our economy needs a break, Chestnut Hill, MA 02467 P.O. Box 720—Clifton Park, New York and Microsoft is a big part of the economy. January 4, 2002 12065—618–383–2696 This settlement is a common-sense Re: Microsoft Settlement compromise, and court-appointed mediators Sirs: MTC–00030800 worked with the DOJ and Microsoft around My personal feelings about the Microsoft Sent By: Ultra Inc; the clock to make this settlement work, It case are: The case is drawn out too long. We 502 241 2535; grants all sorts of privileges to Microsoft need the economy to move in positive Jan-4–02 11:09AM; competition concerning business dealings directions as all indicators are now leaning FAX TRANSMISSION COVER SHEET and trade-secret protection. In my opinion, it to. MSFT has done much for the American Date: January 4, 2002 would be a waste of America’s tax dollars to economy. Put the issue to bed The settlement To: Mr. John Ashcroft, Attorney General pursue this case in court beyond this is more than fair. Lets move the American Fax #: 1–202–307–1454 agreement. economy forward to benefit all Americans From: John Swinney The settlement grants computer makers and all people. Number of pages (including this form): 2 broad new privileges to configure Windows Yours truly, If you have not received all of the pages, or so as to promote non-Microsoft software Elaine Ross if transmission has been faulty, please programs that compete with programs call (502) 241–2530. included within Windows. Computer makers MTC–00030804 Message: Regarding the Microsoft settlement will now be free to remove the means by GOLIATH NETWORKS Sent By: Ultra Inc; which consumers access various features of THINK BIG Jan-4–02 11:lOAM; Windows. They can also replace access to January 4th, 2002 John Swinney those features with access to non- Microsoft Attorney General John Ashcroft, US 6813 W Highway 22—Crestwood, KY 40014 software. Department of Justice January 3,2002 On top of that, Microsoft has also agreed 950 Pennsylvania Avenue, NW Mr. John Ashcroft, Attorney General to design future versions of Windows XP to Washington, DC 20530–0001 The Department of Justice make it easy for computer makers, consumers Dear Mr. Ashcroft: 950 Pennsylvania Avenue, NW and software developers to do these non- I am writing this letter to lend my support Washington, DC 20530–0001 Microsoft promotions within Windows, The to the settlement reached between Microsoft Dear Attorney General Ashcroft, new Windows version will make it easy to and the Department of Justice. This lawsuit I wanted to express my appreciation for add or remove access to features built in to is just a way for competitors of Microsoft to your support toward Microsoft in the Windows or non-Microsoft software. feel good about their lack of success and antitrust suit battle between the Department Consumers will have the freedom to choose block any further achievements of Microsoft. of Justice and Microsoft. to change their configuration at any time. Even though I believe this suit should not The three year long battle has finally What else could Microsoft’s competitors have been brought about, it is better to ended, only to find out that those parties who want? Enough is enough. My hope is that the resolve this issue and move ahead, rather are still trying to hold up the process. It is DOJ will not get involved in any more than spending another three years in court. obvious many of Microsoft’s competitors are lawsuits against Microsoft after this Microsoft has earned its success along the trying to utilize the legal system to gain some agreement. I hope the DOJ will work on the way. It has provided its consumers with sort of competitive edge. I am opposed to obviously more pertinent issues it faces in quality care and service, which has these tactics. this world. tremendously helped in its worldwide
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accomplishments. Microsoft opponents have family-owned for more than thirty years, and PARIS MOTORS INC. suggested terms that appear to stifle trade, has been able to thrive because of our Honest Value Since 1960 such as uniform licensing price agreements. reliance upon affordable and up-to-date James Niewiek Even so, Microsoft has acknowledged the technology. 4112 S. Division terms so that it can move on. Currently, Wayne’s and Mellzer’s Bike Grand Rapids, MI 49548 This waste of American tax dollars is Superstore operates solely on Micrsoft January 3, 2002 pointless. To stop this from continuing any software. We depend on our software Attorney General John Ashcroft, further, all action that is taking place at the capabilities to handle everything from billing Dept of Justice federal level be brought to an end. to inventory control. Many of our vendors 950 Pennsylvania Avenue, Sincerely, such as Trek, Schwinn, Raleigh and Giant Washington, DC 20530 Tareq Saddiq require us to do business with them using the Dear Attorney General Ashcroft, Senior Network Architect latest technology. As a small business owner, I write you in Goliath Networks Inc. The antitrust laws meant to protect support of the recent Microscft settlement. cc: Representative Tammy Baldwin consumers, not for powerful companies to After more than three years of court battles, goliath.com protect themselves from market competition. I am happy to hear that the Department of 1966 South Stoughton Rd ProComp, AOL, Time Warner, Sun and Justice and Microsoft have finally reached an Madison, WI 53716 Oracle should stop encouraging the agreement. Microsoft agreed to terms that tel: 608.278.7866 government to fight their battles for them in extend way beyond the products and fax: 608.224.0788 court and fight in the marketplace. where this procedures that were actually an issue in the 1110 N. Old World Third St battle belongs. suit in the first place. Under the terms of the Milwaukee, WI 53203 Our national economy is currently in a agreement, Microsoft has agreed to subject tel: 414.272.0265 State of recession and the last thing business itself to constant review by the government, fax: 414.278.6019 owners need is to have the price of and will license out protocols, codes, and 207lD Lawrence Dr technology and software skyrocket due to interfaces for Windows and other software so DePere, WI 54115 litigation and regulation of the high-tech that other software companies can compete tel: 920.964.640 industry. more effectively. I fail to see how anyone fax: 920.964.1046 Sincerely, could purloin anything else from Microsoft. Daniel W. Venditti Owning my own business makes me very MTC–00030805 Owner aware of the recession our nation is going JAN-04–02 through. The IT industry needs to move on FRI 12:15 MTC–00030807 and get the competitive process rolling. It is CURT LONG JAN-05–2002 12:33 AM time for our economy to prosper, by getting RICHARD ZAHNER RAY. RICHARD&ASSOCIATES back to business as usual. 10101 Howe Street 954 435 8629 P.01 Sincerely, Leawood, KS 66206 Helen L. Richard James Niewiek January 4, 2002 17415 NW 10th St 4112 South Division Grand Rapids, MI Ms. Renta Hesse Pembroke Pines, Fl. 33029 49548 Phone (616) 538–9220 Fax (616) 538– Trial Attorney—Anti-Trust Division 04 January, 2002 9444 Department of Justice Attorney General John Ashcroft MTC–00030809 601 ‘‘D’’ Street Northwest US Department of Justice Suite 1200 950 Pennsylvania Ave, NW FACSTORE TM Washington, DC 20530 Washington, DC 20530 354 North Avenue Dear Ms. Hesse: Dear Mr. Ashcroft: East Cranford, NJ 07016 I have been involved in the management of I am writing to express my opinion Tel .: (908) 653–4500 various aspects of the construction industry regarding the settlement reached in the Fax (908) 653–4511 for many years in the Kansas City Area. Microsoft antitrust case in early November. I E-Mail: [email protected] Technology is playing a very significant role believe the government should focus its 31 December 2001 in our industry today. attention on more important matters rather Attorney General John Ashcroft We must do everything possible to promote than filing claims against Microsoft and US Dept. of Justice, the continued growth of technology. I believe prolonging unnecessary litigation. Contrary 950 Pennsylvania Avenue, NW we must end the litigation against Microsoft to popular belief the terms of this settlement Washington, DC 20530 and proceed with the terms of the recent were more than reasonable. The company Dear Mr. Ashcroft: agreement between the Department of Justice agreed to terms that go beyond the products Democracy functions best when our and Microsoft. This agreement will promote and procedures at hand as well as several elected representatives are responsive to the fair competition and serve the best interests product developments that were not found to perceived majority demand from our nation, of consumers throughout our country. be unlawful by the Court of Appeals. This rather than the well-financed voice of those Sincerely, demonstrated the willingness of Microsoft to who are special interest groups. We have Richard Zahner comply with the standards set forth in order seen a bit of a breakdown of this principle to prevent future antitrust violations. regarding the Microsoft lawsuit instituted by MTC–00030806 As in the AT&T case, I sincerely believe the Department of Justice. Here, we WATNE’S that the government has wasted time and experienced a handful of Microsoft’s most EMELTZER’S money on litigation. We have not had a ardent competitors and critics attempting to BIKE SUPERSTORE decent, understandable phone system since use the power of the federal government to 2714 Erie Blvd. E. Syracuse, NY 13224 the breakup of AT&T. Therefore, I urge that scale back the effectiveness of one of our www.waynesbikes.com the government devote itself to ridding the country’s most successful and innovative P (315) 446–6816 F (315) 446–1156 United States of terrorists and threats of companies. I January 4, 2002 terrorist attacks. agree that oftentimes it appears as if Ms. Renata Hesse Thank you for your time and willingness Microsoft takes an extreme anti- competitive Trial Attorney to hear comments from the public. position regarding their closest-held trade Antitrust Division Sincerely, secrets, but this is only prudent and certainly Department of Justice Helen L. Richard has never risen to the level of federal lawsuit 601 D Street NW, Suite 1200 status. At long last, this regrettable suit has Washington, D.C 20530 MTC–00030808 been settled. I am hopeful that this will bring Dear Ms. Hesse: 01/04/2002 12:47 6165383444 to an end one of the saddest chapters in I am the owner of one of the largest bicycle PARIS MOTORS INC. American business, with no further federal stores in Syracuse, NY. My business has been PAGE 01 action contemplated. Now is the time to look
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to our nation’s leaders to strengthen our by the courts. It is now in the best interest with will not be helped with continuing country’s businesses, rather than listening to of the technology industry, our fragile litigation against Microsoft, as well as the special interest groups’’ desire to tear economy and our consumers to finally regulation of the high technology industry them apart. Thank you for you attention to resolve this case, which has cost our Our economy needs the high-tech sector to be this matter. taxpayers over $30 million. strong and prosperous in order to aid in Sincerely, Thank you for your concern in this economic recovery. Jeffrey Schram important matter. I firmly believe that there has been no President Jan-04–02 02:08P FACSTORE, Sincerely, harm done to consumers as a result of any INC 906534511 P.01 John W. Matthews 003.334570.1 action, taken by Microsoft. Being a sole proprietor, I can safely say that in my MTC–00030810 MTC–00030812 experience Microsoft’s innovation has led to JAN. 4. 2002 12:21PM JAN-04–2002 15:57 tremendous benefits for consumers, such as NO. 4637 P.1/2 VERIZON PA PRESIDENTS OFC improved products with lower price tags. January 4, 2002 215 466 8515 P.01/01 I urge Judge Kollar Kotelly to be an FACSIMILE TRANSMISSION January 2,2002 advocate of business and economic recovery To: Renata Hesse Attorney General John Ashcroft by supporting the settlement of this case. Fax Number: 202.616.9937 U.S. Department of Justice Thank you. From: Kim Lambert 950 Pennsylvania Avenue, NW Respectfully yours, user: 3035 Washington, DC 20530 Andrew Venditti Code: 999100–0100 Dear Mr. Ashcroft: Owner xxx.xxxxxx.xA Finally, after three protracted years of legal Syracuse Fitness 3154465611 16:16 01/04/ JAN. 4.2002 12:21PM NO. 4637 P. 2/2 battles, Microsoft and the Department of 2002 01/04/2002 16:16 3154465611 PAGE01 KIM M. LAMBERT Justice settled their increasingly tedious 5311 Forest Lawn Circle antitrust dispute. The settlement reached will MTC–00030814 McFarland, WI 53558 benefit the IT industry as well as the 02/19/1995 01:39 3156877564 January 4,2002 American consumer, not to mention the LBD ENTERPRISES PAGE 01 Renata Hesse stability it will bring to our tenuous 1174 Fylor Rd. Trial Attorney economy. This case has been a gross misuse Kirkville, NY 13082 Department of Justice-Antitrust Division of American tax dollars, and I hope that this LBD Enterprises 601 D Street, NW, #1200 settlement will bring this nonsense to a close January 4, 2000 Washington, DC 20530 after the public comment period. Renata Hesse Dear Attorney Hesse: This legal battle has seriously damaged the Trial Attorney I am writing to express my full support of IT industry as well as the U.S. economy in Antitrust Division the Microsoft Settlement recently reached general. The settlement will help strengthen Department of Justice with the Department of Justice. the economy, and ensure that the IT sector 601 D Street NW, Suite 1200 There has been no consumer harm as a will continue to deliver cutting-edge Washington DC 20530 result of any actions taken by Microsoft. technology to the market. This settlement is Re: U.S. vs. Microsoft Consumers have enjoyed tremendous fair, and should appease all parties involved Dear Ms. Hesse, benefits due to Microsoft’s innovation. The in the dispute. Only those companies who As an entrepreneur who has grown his government has failed to show any ham to feel that they cannot succeed without the business exponentially throughout the past consumers. help of the government would still be ten years, I can say that my business would I believe this case has continued far too pursuing this case in the face of this not have been able to thrive if I had not had long. With over $30 million already spent by settlement. affordable access to Microsoft software. As our taxpayers, it is time to stop the litigation. I am ardently opposed to any further legal the founder and President of a successful Thank you for you attention to this urgent action against Microsoft. Microsoft needs to waste management business and the owner of matter. focus on delivering innovative products to 4 farms throughout upstate New York, I can Sincerely, the market. As for the government, I am sure personally say that operating a successful Kim M. Lambert 003.336576.1 that there are other issues to focus on. Thank business during a time of economic recession you for the work that you have done to can be challenging. Continuing further MTC–00030811 ensure that this case is brought to a swift end. litigation against Microsoft will only hurt JAN. 4.2002 12:21PM I look forward seeing it completely resolved. business owners by adversely affecting the NO.4638 P. 1/2 Sincerely, economy and driving up the price of software January 4, 2002 Daniel J. Whelan 247 S. 7th Street that is essential to the operations of FACSIMILE TRANSMISSION Philadelphia, PA 19106 numerous companies. To: Renata Hesse cc Senator Rick Santorum Over $30 million dollars in taxpayer trends Fax Number: 202.616.9937 TOTAL P.O1 have been spent on U.S. vs. Microsoft From: John Matthews Agreeing to the settlement of this case is in User: 3035 MTC–00030813 the best interest of the technology industry, Code: 999100–0100 Syracuse Fitness the economy, and consumers. XXX.XXXXXX.XA 2716 Erie Boulevard East Thank you. JAN. 4.2002 12:21PM NO.4638 P.2/2 Syracuse, NY 13214 Sincerely, JOHN W. MATTHEWS P (315) 446–4136 Louis B. DeMario 4238 Savannah Court F (315) 446–1156 President Middleton, Wisconsin 53562 www.syracusefitness.com January 4,2002 January 4, 2002 MTC–00030815 Renata Hesse Ms. Renata Hesse, Trial Attorney 01/84/2002 14: 14:18 3156824992 Trial Attorney Antitrust Division OLEARY LAW PAGE 01/01 Department of Justice-Antitrust Division Department of Justice Robert P. O’Leary, P.C. 601 D Street, NW, #1200 601 D Street NW, Suite 1200 ATTORNEY AT LAW Washington, DC 20530 Washington, DC. 20530 104 Pleasant Street—Post Office Box 57 Dear Attorney Hesse: Dear Ms. Hesse: Manlius, New York 13104 1 am writing to express my full support of I am writing to you in regards to U.S. vs. Telephone: 315–682–9131 the Microsoft Settlement recently reached Microsoft. I’d like to take a moment your Fax: 315–682–4992 with the Department of Justice. time to tell you why I am in favor of the Admitted to practice law in New York and The settlement is appropriate in scope settlement of this case. The national Florida because it addresses only those items upheld economic recession we are currently dealing January 4, 2002
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Renata Hesse, Trial Attorney 3901 W. 59th Street does address the issues, which have been Antitrust Division Sioux Falls, SD 57108 upheld by the courts as being valid. It is time Department of Justice (605) 361–0200 this case is declared finished. A sensible 601 D Street NW, Suite 1200 Fax (605) 361–5954 agreement is at hand which is fair and highly Washington, DC 20530 www.colotechu.edu beneficial to everyone, despite the nagging Re: U.S. vs. Microsoft JAN-04–2002 13:28 wishes of Microsoft’s corporate enemies who Dear Renata: COLORADO TECH SF want to achieve an unearned advantage by In light of recent developments I thought 1 605 361 5954 P.02/03 keeping this case active. it beneficial to write you in regard to the Joni M. Clark Cutler, Attorney at Law Our nation’s economy needs to move referenced matter. 3901 W. 59th Street ahead, and Microsoft and the rest of the I believe settlement of this case is in Sioux Falls, SD 57108 technology industry need to move forward everyone’s best interest. The settlement being 605–361–0200 x114 and help our nation’s economy rebuild. reviewed by Judge Kollar Kotelly while Fax 605–361–3954 Thank you for your consideration of my entirely satisfying to none, includes January 2, 2002 views on this case. something for everyone. Given that the Renata Hesse, Trial Attorney Sincerely, economy is now running at a much slower Antitrust Division Joni Clark-Cutler pace the last thing we need is more litigation U.S. Department of Justice MTC–00030818 and regulation of the high-tech industry. 601 D Street NW, Suite 1200 I believe that the break-up of America’s Washington, DC 20530 P. 1 most successful company is not in the best Dear Ms. Hesse: December 31, 2001 interest of consumers, the economy or the This letter is to address the proposed Attorney General John Ashcroft future of technology development. settlement agreement in U.S. v. Microsoft, United States Department of Justice Microsoft’s innovation has led to tremendous and to express my support for it as an 950 Pennsylvania Avenue, NW benefits for the public, such as better advocate for children and families, and as an Washington, DC 20530 products and lower prices. Antitrust law is educator and attorney in South Dakota. Dear Mr. Ashcroft, supposed to be about consumer harm, in my Microsoft has been a responsible partner for There are a great many important issues opinion the government has failed to show strengthening our nation’s economy, as well that we as Americans and our nation ‘‘s any harm at all. as for the development of information leadership are dealing with today that are Thank you for your time and interest. technologies in our state’s effort to wire its virtually unprecedented As time moves on Very truly yours, public schools and buildings for high-speed toward the new year, we are all struggling Robert P. O’Leary internet access. One of the Bill and Melinda with issues of our national economy, our Gates Foundation’s many contributions to national security, and our ability to emerge MTC–00030816 children and education was a $670,000 from a slight economic downturn. JAN-04–02 FRI 13:20 matching grant to our state to foster IT With all of these critically important tasks, CURT LONG education in our state’s school systems. The I am hoping that we do not unnecessarily 314 636 6919 P. 01 Microsoft Corporation, I believe, has been a slow ourselves down with the playthings of RICHARD ZAHNER responsive company by delivering software yesterday, such as this ill- advised lawsuit 4200 Gardner products which make access to information against Microsoft. There is, I believe, an Kansas City, MO. 64120 technologies affordable and easier to use for excellent settlement at hand, and it would January 4, 2002 consumers, and that has had a tremendous benefit us all for this settlement to be Ms. Renta Hesse affect on our nation’s economy. If an anti- accepted, with no further action against Trial Attorney—Anti-Trust Division trust case is designed to protect consumers, Microsoft. Department of Justice I think it’s important to note that there has Microsoft did employ aggressive tactics at 601 ‘‘D’’ Street Northwest been no consumer harm proven in this case protecting both its position as a technology Suite 1200 which involved any of Microsoft leader, as well as its proprietary Windows Washington, DC 20530 Corporation’s actions. coding, but this only makes good business Dear Ms. Hesse: Microsoft has been a creative and sense, despite the fact that Microsoft’s I have been involved in the management of aggressive company in exploring and competitors may have sobbedfor their various aspects of the construction industry developing new and better software relative lack of similar innovative leadership. for many years in the Kansas City Area. technologies to empower the American Blaming Microsoft for these shortcomings is Technology is playing a very significant role consumer, breaking down the barriers of cost a bit excessive; convincing the federal in our industry today. and function for users. As a result, the government to institute a federal lawsuit is We must do everything possible to promote company is a major factor in our nation’s just plain vengeful. Let’s be done with this, the continued growth of technology. I believe economic strength because it has been so Let’s move on. Let’s accept the settlement we must end the litigation against Microsoft successful meeting and anticipating the and hope that we can all play better together. and proceed with the terms of the recent needs of American consumers and Sincerely, agreement between the Department of Justice consumers throughout the world. I believe Eric Speer and Microsoft. This agreement will promote the anti-trust case has fully run its course and President 917–576–1537 fair competition and serve the best interests continuation of it seems to serve no useful MTC–00030819 of consumers throughout our country. purpose to consumers nor to fairness to the Sincerely, IT industry as a whole. I believe the Sanford Krasnoff Richard Zahner settlement, which has been sought by the 417 South Broad Street Justice Department and nine of the states. New Orleans, Louisiana 70119 MTC–00030817 JAN-04–2002 13:28 504.822.4877 JAN-04–2002 13:28 COLORADO TECH SF Office 504.822.3407-Fax COLORADO TECH SF 1 605 361 5954 P.03/03 FAX COVER SHEET 1 605 361 5954 P.01/03 Joni M. Clark Cutler To: Renata Hesse FAX TRANSMITTAL FORM Attorney at Law From: Sanford Krasnoff Date: 1/4/02 3901 W. 59th Street Date: 1–4–2002 Pages Including Cover: 2 Company Name: Dept of Justice Sioux Falls, SD 57108 Phone: Fax: Fax Number: 202–616–9937 605–361–0200 x114 Message:. Please Deliver Fax 605–361–3954 CONFIDENTIALITY NOTICE To: Renata Hesse involved in the anti-trust suit is fair and This facsimile transmission (and/or the Number of Pages (including cover sheet): 3 highly beneficial to our nation, to the cause documents accompanying it) may contain Sender: Clark Cutler of better education and to our children’s confidential information belonging to the Colorado Technical University—Sioux Falls futures. Most importantly, the settlement sender. The information is intended only for
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the use of the individual or entity named competitive free market that has made the state levels. It is crucial that all taxpayer above. If you are not the intended recipient, United States of America what it is today. dollars are spent in the most responsible you are hereby notified that any disclosure, As an international consumer of products manner. The continued prosecution of this copying, distribution or taking of any action originating in the United Stats, I feel I speak case is not, in my opinion, an example of in reliance on the contents of this for my peers in expressing deep concen that responsible use of government revenues. information is strictly prohibited. If you have the lenient sentence passed on to Microsoft Based on reports that I have read, the received this transmission in error, please will allow Microsoft to continue to rob proposed settlement offers an evenhanded immediately notify us by telephone to consumers of their right to choose and to resolution to this case. This, combined with arrange for return of the documents. illegally propogate its monopoly as it has today’s economic realities, argues strongly for Jan. 4 2002 3:57 PM No. 0820 P.1 freely done so. Moreover, a monopoly of this your approval of this settlement. As an Jan 04 02 02:56p kind will, as it has in the past, result in independent businessman and taxpayer, I SANFORD KRASNOFF retardation of technological advancement encourage you to accept this settlement. OFFICES OF SANFORD KRASNOFF and economic turmoil due to inflated prices Sincerely, 417 SOUTH BROAD STREET and unhealthy market conditions. The Kristen D. Van Meteron, General Partner NEW ORLEANS, LA 70119 consumer is the lowest common demoninator POST OFFICE Box 2034 TOPEKA KANSAS Telephone: (604) 822–4877 in the entire economic system, as we know 66601–2034 PHONE 785.484.0192 Fax #: (604) 821–4853 it today. If this lenient sentence is ratified, it FAX.785.484.0194 January 2, 2002 will sacrifice the rights of consumers [email protected] VIA FAX: (202) 616–9937 worldwide; and that is a trajedy that will www.MAXIMUMCREATlVITY.COM Renata Hesse, Trial Attorney have grave consequencs for years and years Antitrust Division to come. MTC–00030822 Department of Justice I urgently plead for a much more stern, 01/02/2002 16:21 601 D Street NW, Suite 1200 much more responsible and appropriate COVER PAGE Washington, DC 20530 sentence in the case of the United States of TO: RE: Settlement of U.S. v. Microsoft America v. Microsoft Corporation. FAX: 12023071454 Dear Ms, Hesse: Sincerely, FROM: SUMMIT GROUP INC It is time we settle this case once and for Yee Jee Tso 014/04/2002 14:11 6046826668 FAX: 5044862317 all, Over thirty million tax dollars have been INTERNET COFFEE PAGE 01 TEL: 5044862317 spent and it is time that we move on to COMMENT : MTC–00030821 closing this case and letting the technology 0l/02/2002 16:21 5044862317 SUMMIT industry compete openly again. 01/04/02 17:3 0 GROUP INC PAGE 01 Microsoft is a great American success story FAX 7854840191 Summit Consulting Group Inc. and its competitors need to fight with them THE SOURCE 01 THE Source maximum 614 N St. Patrick Street in the marketplace and not in the courtroom. creativity New Orleans, LA 70119 Our economy could use some help and FAX TRANSMITTAL #PAGES: 2 (including January 2, 2002 ending this drawn out and expensive case cover) Attorney General John Ashcroft POST-IT would sent the right signal. Protect TO: Renata Hesse FAX NOTE:7671 DATE:1/4/02 # of Pages consumers and keep the market place open COMPANY: USDOJ 1–1 by approving the settlement. FAX#: 202–307–1454 US Department of Justice TO: ATTORNEY Sincerely, FROM: K. Van Meteron GENERAL FROM: Ben Claassen SANFORD KRASNOFF SK/blb Jan. 4, 2002 DATE: 1/4/02 950 Pennsylvania Avenue, NW CO/DEPT: 3:57PM No. 0820 P.2 MESSAGE: See Attached Letter CO: SCG1 PO BOX 2034 Washington, DC 20530 PHONE#: PHONE# MTC–00030820 TOPEKA, KS 66601 FAX#: 202 307 1454 FAX#: 504 486–2317 212–1238 Seymour St. PH.905.484.0192 Dear Mr. Ashcroft: Vancouver, BC, V6B 3N9 Canada FAX.785.464.0194 I write you to make you aware of my January 4, 2002 01/04/02 17:30 FAX 7854840194 THE support for the recent settlement regarding Renata Hesse, Trial Attorney SOURCE 02 Microsoft and the Department of Justice. I Suite 1200 SOURCE was happy to hear that the case had been Antitrust Division, Department Of Justice January 3, 200l settled. We need to let this settlement move 601 D Street NW, Judge Kollar Kotelly forward and let our technology industry Washington, DC 20530 Attn: Renata Hesse continue to provide us with the high quality Dear Renata Hesse, Trial Attorney U.S. Department of Justice Antitrust Division products that help small businesses to As a self-employed PC user, many aspects 601 D Street, NW, Suite 1200 compete. of my livelihood depend on the smooth Washington, DC 20530 Furthermore, this settlement seems to be functioning of my home computer and my Dear Judge Kollar Kotelly: quite reasonable. The terms not only allow freedom to choose the appropriate software The time has come to bring closure to the other software manufacturers to have access to meet the needs of my business. Microsoft’s Microsoft case. Thankfully, President Bush’s to various Windows interfaces, but allow actions have caused undue frustrations and Department of Justice has come to an other companies to access new licensing and increased workload on my part in its efforts agreement with the Microsoft Corporation marketing terms. All of this will promote the to illegally maintain monopoly power in the that settles this case and addresses the use of non-Microsoft programs within the PC operating system market. For example, by concerns of the complaint. Windows operating system. binding its Internet Explorer Web Browser The costs of this case to the American As a small business owner involved in with its Windows operating system, taxpayers have been astronomical. To date electric utility consulting, I strongly value Microsoft has forced me, the consumer, to the federal government has, spent in excess Microsoft’s place in our economy. Since I am take extraneous measures to exercise my of $35 million dollars chasing Microsoft and pro-competition, I see Microsoft actions right to choose the appropriate browser this figure does not include the millions that inviting more competition to the IT industry. software for my needs. The Court has found the states have invested in this lawsuit. This was the original goal in the anti-trust that Microsoft has not acted in this way to Taxpayer dollars were spent needlessly on a suit, and now we that we have achieved this benefit the consumer, or even to case in which the government has yet to goal we should forward, competitively increase revenues, but to prove consumer harm. Rather than be Sincerely, illegally maintain its monopoly power. in harmed, Americans have benefited in their Ben Claassen effect, Microsoft has illegally victimized use of the world’s most advanced and consumers for its own preponderance. I find affordable software. At this moment in MTC–00030823 this infuriating and in direct contradiction to history, our nation is faced with serious FROM : FAX NO. : 8037763093 Jan. 06 2002 the laws and basic principles of the economic concerns on both the national and 01:52PM Pl
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104 Emerald Lake Road the appointed government oversight have been spent on this case and a reasonable Columbia, SC 29209–4243 committee will certainly take care of it. We settlement has been crafted; pushing this case January 5, 2002 need to move on.. There are issues of greater on would be rather excessive. Attorney General John Ashcroft importance that we should concentrate our There is no reason to extend this expensive US Department of Justice, 950 Pennsylvania efforts on such as economic stimulus. Thank and time-consuming case. Avenue, NW you in advance for your decision to settle this Once again I ask that you please support Washington, DC 20530–0001 case as more litigation would, at this point, the Microsoft settlement agreed to on Dear Mr. Ashcroft: be imprudent. I appreciate your time and November 2,2001. Your restraint and good I am writing to express my happiness upon hard work in Washington. judgment in this case is appreciated. hearing the DOJ has ended its three- year Sincerely, Sincerely, antitrust lawsuit against Microsoft with a Janet Haskell Sandra Wiemers strong settlement. I support Microsoft and am anxious to see this agreement between MTC–00030825 MTC–00030827 Microsoft and the government finalized. I From: Duncan McGregor Jan 05 02 06:48p Arthur W. Miller 425 316– believe this settlement is more than fair to To: Attorney Genera Ashcroft 0306 P.1 both Microsoft and its competition, and I Date: l/6/2002 Time: 9:58:36 AM Page 1 of 3309 97th Place SE really do hope that there will be no further 1 Everett, WA 98208–4371 action taken against Microsoft at the federal Duncan D. McGregor—[email protected] January 5, 2002 level. 313 Curtis Road—Chesterfield, SC 29709— Attorney General John Ashcroft This settlement has been reached after 1043—USA—Phones: Home & Office: U.S. Department of Justice extensive negotiations. This settlement (843) 623–2597 Fax: (843) 623–3123 950 Pennsylvania Avenue, NW allows Microsoft to continue designing and January 6, 2002 Washington, DC 20530–0001 marketing its innovative software, while Attorney General John Ashcroft Dear Mr. Ashcroft, benefiting the technology industry as a U.S. Department of Justice I wanted to let you know that I am in favor whole. Among other regulations, under the 950 Pennsylvania Avenue of the settlement that Microsoft and the settlement Microsoft will be unable to take Washington, DC 20530–0001 Justice Department agreed to recently. retaliatory measures against hardware Dear Mr. Ashcroft: Government should not be getting involved companies for putting Microsoft software on I wish to express my happiness upon in business disputes in private enterprise. a computer that also has non-Microsoft hearing about the Department of Justice (DOJ) This was simply a nuisance suit that should programming on it. This way, hardware decision to end its antitrust lawsuit against never have been brought in the first place. It makers can be more responsive to their Microsoft. This decision will be a boost to frankly reminds me of the tobacco suits clientele. Microsoft which will benefit our economy at where some states were able to extort money Microsoft has pledged to carry out all a time that when it’s greatly needed. from private enterprise. provisions of this agreement, and the The DOJ and Microsoft have been involved Continued litigation is bad for business government has created a technical oversight in this case for more than three years now. and bad for investors. Microsoft needs to be committee to test Microsoft compliance. After much consideration, the parties agreed able to innovate. This is what has made them I believe that this settlement will benefit to settle. The settlement has many heavy the flagship of the U.S. computer industry, the economy, the computer industry, and sanctions against Microsoft, but is simply not which is second to none in the world. The consumers. I believe that it will be most enough for those that wish to harm Microsoft settlement is reasonable, and it will allow productive to allow Microsoft to devote its for more than just antitrust reasons. independent companies to promote their resources to innovation, rather than The settlement requires Microsoft to software within the Windows operating litigation. Please see to it that the settlement document and disclose, for use by its system. Because there will be a three-person is finalized and enacted as soon as possible. competitors, various interfaces that are technical committee to oversee Microsoft and Sincerely, internal to Windows’ operating system restrict the company from any further Wilbur Goodwin products—a first in an antitrust settlement. It behavior that hinders competition, it is my cc: Senator Thurmond also forces Microsoft to make available to its opinion that this case has been won by the competitors any protocols in Windows’’ government and should not be pursued past MTC–00030824 operating system products that are used to this point. 12/29/2001 03:55 0015832224 Haskell interoperate natively with any Microsoft Thank you for letting me explain my Prochnow PAGE 01 server operating system. These will make position, and I look forward to a hasty end 7108 Killyons Canyon Lane other companies’’ products run more to this matter. Salt Lake Citv, Utah 84108 efficiently on Windows, increasing Sincerely, January 4, 2002 competition. Arthur W. Miller Attorney General John Ashcroft Now that all of this is finally over, the US Department of Justice government should let this agreement fall in MTC–00030828 950 Pennsylvania Avenue, NW to place. In my opinion, the federal Jan 05 02 06:46p Arthur W Miller 425 316– Washington, DC 20530 government needs not take any more action 0306 P.1 Dear Mr. Ashcroft: against Microsoft beyond this settlement. Arthur Miller I am in support of the settlement that has Sincerely, 3309 97th Place SE been reached between Microsoft and the Duncan D. McGregor Everett, WA 98208 Department of Justice and want to take this cc: Senator Strom Thurmond December 10, 2001 opportunity to comment on this issue. It is Senator Maria Cantwell time for this suit to come to an end. From MTC–00030826 United States Senate an economic standpoint, the suit is costing Jan 06 02 12:43a Sandi Wiemers 1–785–632– Washington, DC 20510 taxpayers money at a time when we should 6240 Dear Senator Cantwell: promote our economy. Under the terms of the 721 Franklin I wanted to let you know that I am opposed agreement Microsoft will drastically change Clay Center, KS 67432 to the Senate Judiciary Committee holding the way they do business, they have agreed January 5, 2002 hearings on the fairness of the Microsoft to disclose information about the internal Attorney General John Ashcroft antitrust settlement. It is my hope that you interfaces of their Windows operating US Department of Justice will be able to have these hearings canceled. system, and they have agreed to make 950 Pennsylvania Avenue, NW The Government should not become Windows compatible with non-Microsoft Washington, DC 20530 involved in a business dispute, especially software. Dear Attorney General Ashcroft, when the suit should never have been If there is any fear that Microsoft will I find the possibility that the Department brought forth in the first place. infringe on antitrust laws, or that they will of Justice could revive its case against This is primarily a nuisance suit not comply with the terms of the settlement, Microsoft to be ridiculous. Millions of dollars reminiscent of the tobacco suits, where
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several states were out to extort as much they way they operate. In a first for an The case against Microsoft is based on the money as they could by filing frivolous law antitrust settlement, Microsoft has agreed to belief that market leaders are entrenched, suits against the tobacco companies. This disclose for use by its competitors various self-serving monopolies that stymie superior type of law suit stifles creativity which not interfaces that are internal to Windows’ products of smaller rivals. This belief is only hurts the industry but drives up cost to operating system products. supported by elaborate augments but scant consumers. Continuing this antitrust To assure its compliance with the empirical evidence. litigation is bad for all American businesses, settlement, Microsoft has agreed to be In contrast, our decade-long research of 66 for Microsoft, for the consumer and for the monitored by a Technical Committee. The markets refutes the prevailing logic about the country. Microsoft must be allowed to Technical Committee will be comprised of entrenched position of market leaders. innovate. This is what has made them the three experts in software engineering. Consider how often market leadership has flagship of the U.S. computer industry, Thereafter, if any third party believes changed in just a few categories. In video which is second to none in the world. Microsoft is not complying with the games, market leadership changed from Thank you for letting me voice my settlement’s terms, that party can lodge a Magnavox to Atari to Nintendo to Sega and opposition to these hearings. complaint with the committee. Most now to Sony. Sincerely, importantlv, the speed with which the new Similarily, in personal computers, market Arthur Miller cultures of technologica1 development, leadership changed from Apple to Tandy to entrepreneurship and global competition are IBM to Compaq and now to Dell. In on-line MTC–00030829 progressing mav require new governance service providers, market leadership @A however this is a larger legislative issue and switched from CompuServe to Prodigy to From: ROLAND OLAF PETERSON not Microsoft specific. The damage done to America Online. To: Attorney General John Ashcroft Microsoft and its investors should have been Some of these changes came quickly. Their Date: 2002/01/05 avoided. The competitive delay caused by frequency indicates that a market leader Time: 8:13:22 PM Page 1 of 1 this suit was damaging to our overall cannot easily hold its position. What triggers 22 Ravenswood Road economy in mv opinion. these changes? In most cases, it is the Waltham, Massachusetts 02453 In summary, this settlement is the right superior quality or the substantially lower 2002 January 5 choice for the federal government at this price offered by innovative companies. time. It is also in the best interest of citizens Attorney General John Ashcroft Many people attribute the success of and consumers like myself. I hope you will US Department of Justice Microsoft’s software applications to the domi continue supporting this settlement and 950 Pennsylvania Avenue, NW nance of its Windows operating system. commend your office for the efforts so far to Washington, DC 20530 However, the the facts support an alternative bring this case to a close. Dear Attorney General Ashcroft: explanation. Sincerely, I am writing you today to express my Word, Excel and PowerPoint were all Sharon Doyle feelings on the settlement that was reached unsuccessful when first released, even [email protected] on 2001 November 2, between Microsoft and though they were tied to Microsoft the Department of Justice. I believe that this MTC–00030832 proprietary operating system. They became settlement is fair and reasonable, and I am FROM: VELCO ENGINEERING INC PHONE successful only through relentless innovation anxious to see this dispute resolved. NO. : 281 398 3741 P01 VELCO to produce better versions. This settlement allows Microsoft to devote ENGINEERING INC. Even the Internet browser market, which its resources to designing and marketing its FAX TRANSMITTAL COVER SHEET triggered the case against Microsoft, innovative software, rather than litigation. At To: U.S. Department of Justice FAX No. 1– demonstrated the same pattern. Before the same time, Microsoft has pledged to 202–307–1454 Netscape, Mosaic was the dominant browser. engage in activities that will benefit From: M. A. Vela PE No. of Pages incl. cover However, Netscape’s superior speed and competing companies, such as: sharing more 2 features enabled it to quickly overtake information and giving consumers more Comments: Mosaic. choices. An oversight committee will be As a personal and business user of Microsoft’s initial release of Internet assigned by the federal government to Microsoft products for about twenty years I Explorer did not succeed because of its poor monitor Microsoft’s compliance with the agree completely with the editorial page performance. Persistent improvements in settlement, and competitors have the option article in the Jan 4 Houston Chronicle article features won the endorsement of reviewers to sue Microsoft if they feel Microsoft is not attached. Microsoft: products are generally and led to its market leadership. In our complying with the settlement. low priced consumer products aimed at the research, we did not find a single market After three long years of litigation, I believe home user. Competitors such as Oracle, Sun where a non-innovative leader was able to it is time to allow Microsoft to devote its and others are higher priced producers maintain its dominance. resources to creating advances in technology, targeting large corporations. I shudder to Many people assume that market Pioneers rather than litigation. Thank you for your think what prices would be like if Microsoft or first movers will be enduring market support. had not been around and the absence of leaders. Instead, we found that such Sincerely, standards would further compound the users companies lead in only six of the 66 markets Roland Peterson problems. studied, and innovation is essential to their I have been a practicing Consulting sustained leadership and prof itability. MTC–00030831 Chemical Engineer for about 25 years. For example, Intel and Sony maintain their 10/17/2001 07:43 9419230154 SCOTT M.A. Vela leadership in microprocessors and CD GOLDBERG PAGE 01 VELCO Engineering, Inc. players by regularly introducing inno vative Sharon Doyle 64 Kelliwood Courts products, even when they cannibalize still- 4021 Las Palmas way Circle Katy, Texas 77450 successful older prpducts. Coca-Cola Sarasota, Florida 34238 FROM : VELCO ENGINEERING INC. Sustains its lead in the cola market by seizing January 5, 2002 PHONE NO. : 281 398 3741 P02 new distribution channels and continually Attorney General John Ashcroft Competition is best way to regulate updating its advertisings. In the other 60 US Department of Justice Microsoft DESPITE the settlement between markets, innovation toppled established 950 Pennsylvania Avenue, NW Microsoft and the Justice Department, nine leaders. Washington, DC 20530 states continue to seek stronger restrictions In 1959, Kodak and 3M led the copier Dear Mr. Ashcroft: I am writing to express and penalties. We advise the states’’ market. Analysts believed Xerox (then the my support for the settlement that was attorneys general to settle and not waste more Haloid Corp.) had almost no chance to concluded in November between Microsoft public money on further legal efforts. Their succeed. Yet its revolutionary copier was an and the Justice Department. This settlement fight for additional legal regulations outlooks immense success and propelled Xerox to represents the best opportunity to move the extensive evidence that Microsoft must market dominance. forward. The settlement will require continue to innovate or it will lose its leading Even in the mundane category of ‘Microsoft to make significant changes in position. disposable diapers, Johnson & Johnson’s
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Chux brand was overtaken by the superior antitrust lawsuit against Microsoft with a Microsoft is taking a big hit with this features and lower price of Procter & strong agreement. Microsoft has been a leader lawsuit, but it is willing to accept a lot of Gamble’s Pampers. Then Kimberly Clark’s in technology and innovation for at least the restrictions in order to settle. How many further im improvements enabled Huggies to past decade, and I see no reason for the businesses would be willing to share their wrest market leadership from Pampers. In all federal government to punish them for that. sensitive information with their competitors of these markets, costly and distracting America’s economy was founded upon the like Microsoft is doing with the internal antitrust actions were unnecessary. competitive free enterprise system. interfaces of Windows under this settlement? Innovative competitors discovered better Government involvement in the day-to-day Microsoft and Bill gates were there for ways to serve customers with improved workings of a company completely Wardsboro. Now I support Microsoft by products and lower prices. The results were undermines this country’s economic supporting the antitrust settlement. unequivocal, they cost the public nothing foundation. The agreement calls for Microsoft Sincerely, and they were more exacting than legal to document and disclose for use by its Joyce Cailor remedies. competitors various interfaces that are MTC–00030836 So it will continue to be for Microsoft and internal to Windows’ operating system ocher market leaders. They too will begin products—a first in an antitrust settlement. Jan 04 02 07:00p Gunnar Sevelius 650–366– their own demise the day they cease to Microsoft has also agreed to design future 4115 P.1 innovate. Nimble, innovative rivals at the versions of Windows to provide a mechanism 58 Austin Avenue gate, ready to administer the law of the to make it easy for computer makers, Atherton, California 94027 market far more effectively than the Justice consumers and software developers to January 2, 2002 Department or states can prosecute antitrust promote non-Microsoft software within Attorney General John Ashcroft cases. Windows. The mechanism will make it easy US Department of Justice to add or remove access to features built in 950 Pennsylvania Avenue, NW MTC–00030833 to Windows or to non-Microsoft software. Washington, DC 20530 Sent By: FULCRUM PROPERTIES; 111 1111; Consumers will have the freedom to choose Dear Mr. Ashcroft: Jan–5–02 3:00PM; to change their configuration at any time. I am very pleased that the Justice Page 1/1 Enough is enough What more could Department has reached an agreement with 145 Scottsdale Square Microsoft’s competitors want? My hope is Microsoft and has finally settled it’s three Winter Park, Florida 32792 that the federal government takes no further year long antitrust dispute with the company. January 5, 2002 action against Microsoft beyond this It is my strong personal belief that the suit Attorney General John Ashcroft agreement, so that it can work to tackle the against Microsoft should never have been US Department of Justice truly pressing-issues of the day. brought against them in the first place. I feel 950 Pennsylvania Avenue, NW Sincerely, the finalization of this settlement will Washington, DC 20530 Michael H. Brannon, M.D. provide a boost to the struggling national and BY FAX 202–307–1454 cc: Senator Strom Thurmond global economies. The settlement is both fair Dear Mr. Ashcroft: and reasonable, and it is in the best interest MTC–00030835 I want to say that I don’t feel that the of the American public. settlement is as fair toward Microsoft as it 10/18/2001 09:01 802–896–9766 JERRY I appreciate your attention to this matter should have been. Microsoft has had to make CAILOR PAGE 01 and I hope you do will continue to make many concessions that I think are P.O. Box 162 decisions that will benefit the United States unreasonable in this whole matter. It will West Wardsboro, Vermont 05360 of America. Thank you for your time and have to be reviewed by a technical January 4, 2002 consideration. committee, and share critical software code Attorney General John Ashcroft Sincerely, information with its competitors, for US Department of Justice Gunnar Sevelius example. Nevertheless, I am pleased to see 950 Pennsylvania Avenue, NW MTC–00030837 that the Justice Department has finally Washington, DC 20530 resolved this case. Dear Mr. Ashcroft: 3280 Sportsman Club Road While the case should never have come I am writing to give my utmost support to Bourbonnais, Illinois 60914 against Microsoft in the first place, I’m glad Bill Gates and Microsoft. My husband and I January 5, 2002 to see that after three years, the government live in Wardsboro, Vermont, a town with a Attorney General John Ashcroft has finally come to it’s senses. I hope that it total of 500 registered voters. If you blink, US Department of Justice will think twice before pursuing hard you miss our town. WC had a goal of making 950 Pennsylvania: Avenue, NW working, American companies simply for our town library into something special. The Washington, DC 20530 being successful in the future. library was bequeathed a house by a resident, Dear Attorney General Ashcroft: I appreciate you hearing my opinion on so we had the space, but we had no computer I would like to take some time to express this matter and I hope that you will take it capabilities. We applied to the Gates my opinion about the settlement that was into account before finalizing the terms of the Foundation, figuring all we could lose from reached between, the Department of Justice settlement. doing so would be a piece of paper and the and Microsoft last November. The settlement Sincerely, cost of postage. To our surprise, Mr. Gates brought an end to the three-year antitrust Patricia Andrews gave us a grant; a complete software on-line dispute, and was fair and just. I also hope cc: Representative Ric Keller integration package, printer connectivity, and that there will be no further legal action BY FAX 202–225–0999 on-site software training for our librarian. against the Microsoft Corporation. People are now lined up to use our I simply do not understand why American MTC–00030834 computers. taxpayer dollars have been misused in the Jan 05 02 11:36a Bill Gates did not have to do this. He did pursuit of litigation against Microsoft. Now Michael H. Brannon 864–281–1360 not have to establish his foundation, Yes, he more than ever, America needs to spend its Michael H. Brannon, M.D. makes millions of dollars, but he gives away money more carefully. The economy is still 7 Foxglove Court millions of dollars to those who desperately suffering from the beginning of this whole Greenville, SC 29615–5505 need funds to provide computer capability to dispute, and the stock market is in disrepair. January 5, 2002 their small towns. Everyone lauds small Microsoft has done so much for the economy, Attorney General John Ashcroft towns, but very few are there when those providing jobs, and has completely changed US Department of Justice small towns need financial help. Bill Gates the face of the computing and technology 950 Pennsylvania Avenue, NW stepped in when no one else would, We are industries. They need to be allowed to Washington, DC 20530 now on our way to having a viable, working continue with innovation and bringing new Dear Mr. Ashcroft: library, making it an integral part of the and useful products to the marketplace. Even I want to express how happy I am to hear community, and giving our children a place with restrictions like having to share its that the Department of Justice has ended its to go and learn. software information and allowing being
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reviewed by a government committee, this letter to be included with 1 those of jobs and millions of pay checks to Microsoft can still be a powerful economic comments. Our organization, WASTE purchase homes, groceries, cars and etc. force. WATCHERS INC. is a grou of citizens from These things do not come from I appreciate your time and consideration Northern California working to ensure our ‘‘government.’’ The ‘‘government needs to get with this issue. I am happy with the government is NOT wasting taxpayer money, out of the way and let us get on with the settlement that was reached in the beginning Because of our location and proximity to the business of providing all the things of November. I believe this settlement will Silicon Valley, our membership is very mentioned above for millions of ‘‘citizens’’! benefit all of us. familiar with the technology industry and Sincerely, Sincerely, details surrounding the Microsoft case. It is Kenneth D. Steadman, President Donald Burlison our firm belief that the United States Richard Ahern, Vice President 01/07/2002 08:27 FAX SHORT MILLING government have spent far too much time MTC–00030840 001/001 and money on the case against Microsoft case. It is estimated that the states and federal 01/04/2002 06:27 +000000000 PAGE 01 MTC–00030838 government have spent at least $37 million JAN–03–2002 09:25AM Carrie McKinley 916 01/05/2002 16:17 FAX 513 421 0244 STUDIO on this issue. With a settlement on the table, 441 6857 P.02 ART SVCS p.1 the country finally has an opportunity to end Carrie McKinley 613 Main Street Cincinnati, Ohio 45202 (513) this extremely costly endeavor. $37 million Fundraising and Event Planning 421–8040 FAX (513) 421–0244 is really only a fraction of what US v. 821 (illegible) Street Suite D Friday, January 4, 2002 Microsoft has cost the American people. Sacremento, CA 09814 Attorney General John Ashcroft Since the day the case began, we have seen Phone (916) 441–0865 US Department of Justice the technology industry plummet. The Fax (916) 441–6857 950 Pennsylvania Avenue, NW domino effect of the tech crash went from the Renata Hesse Washington, DC 20530 Nasdaq to the New York Stock exchange and December 29, 2001 Dear Mr. Ashcroft: almost brought our entire economy to a Trial Attorney We are writing to express our feelings in grinding halt. For our organization, the Antitrust Division regards to the Microsoft settlement issue. We greatest reason for concern is the budget Department of Justice support Microsoft in this dispute. We have deficits now being faced by most states. In 601 D Street NW, Suite 1200 seen the great positive impactful benefit that California, we are going to be billions of Washington, DC 20530 Microsoft has had on American Business dollars short of reaching the budget for the Dear Ms. Hesse: with our own eyes... by adding to business next year. That shortfall, when combined The last things that our economy and the productivity. with competing political needs, wil technology industry needs right now are We are writing you today to urge you to do inevitably result in tax increases. We already government lawyers, bureaucrats and judges your part to stop further action against pay among the highest taxes in the country, watching over the industry and attempting to Microsoft at the federal level. and the Fiasco of the Davis Adminstration in micromanage it. The federal government and Specifically, Microsoft has agreed to be our state embelishes the whole mess. It is Microsoft have reached a fair agreement that monitored by a technical committee to important also realize that housing prices addresses the majority of the antitrust ensure its compliance with the settlement. In have not come down and thousands of our charges and complaints. our opinion, this is the most important term neighbors are losing their jobs because of the Now that a fair settlement has been of the agreement. Additionally, Microsoft tech crash. reached, it is time for the federal government will share information and parts of its Tax Action Network Affiliate of Council of to focus its attention and its limited resources software coding with competitors to increase Citzens Against Government Waste 1301 on other issues. I urge you to join me in compatibility with its Windows operating Connecticut Ave, NW Suite 400 Washington, supporting the settlement. system, and revamp its marketing and DC 20036 1–800–BE–ANGRY—http:// Yours truly, licensing practices to increase competition. www.cagw.org JAN–05–02 11:10 AM 1 510 Carne McKinley We sincerely hope that there will be no 794 8797 P.02 MTC–00030841 further action against Microsoft at the federal Ms. Renata Hesse level. Please support the Microsoft All of this does not add up to strong 01/04/2002 06:25 +000000000 PAGE 01 settlement. Thank you for your attention to financial conditions, We are not arguing that MSI Mailing Systems Inc this matter. settling the Microsoft case will end our THE DIRECT MAIL EXPERTS We wish you and yours a prosperous New economic woes and fill Californis’a coffers P.0. Box 429 o Rancho Cordova, California Year. up again. That will require a fically ‘‘sane’’ 95741 Respectfully, administration and legislature in Sacramento. o Phone (916) 631–7400 Philip Holt But we are saying that it is time for our o Fax (916) 916–7488 Jillian Chamberlain Holt Country to begin taking steps which help the o e-mail: [email protected]— cc: Representative Steve Chabot economy grow and expand. Settling the website:www.msimail.net Microsoft case is one step closer to the sort January, 2 2002 MTC–00030839 of economic environment we need to create. Renata. Hesse JAN–5–02 11:10 AM 1 510 794 8797 P.01 And may we also add that we think it about Trial Attorney Antitrust Division Waste Watcher Inc time, yes long overdue, for the Government Department of Justice P.O. Box 3535 to stop their crusade of ‘‘punishing’’ the 601 D Street NW, Suite 1200 Premont, California 94539 successful and damning innovation and hard Washington, DC 20530 Alameda Phone (510) 794–8797 work, It is organizations such as Microsoft Dear Ms. Hesse: Fax (510) 894–0486 that provide the jobs and the work places for I am writing to express my opinion Email [email protected] earning power of we—the citizens, who regarding the antitrust case with Microsoft. I Member Northern California Coalition for ultimately pay the taxes that fund this believe that this case should be settled and Limited Government government in the final analysis. that the remedies proposed are in the public January 5, 2002 The settlement proposed in US v. good. Ms. Renata Hesse Microsoft is good. More importantly, it is Seeing that the economy is currently in Trial Attorney-Antitrust Division time to stop wasting millions of dollars to recession, a strong technology sector led by Department of Justice continue this case. Our economy is no longer Microsoft could lead us back to the Ms. Hesse: strong enough to withstand litigation over prosperity we recently experienced. The last This letter is to indicate the support. of my innovation. thing we need is for this case to drag on and organization for the settlement of US v, The facade being used by many politicians lead to more regulation of our high tech Microsoft. I understand the settlement being to paint organizations such as Microsoft as industry. In short, I feel the settlement proposed by the Department of Justice is the ‘‘bad’’ guys must come to an end. As said proposed is good for the country. waiting for public. comment and I would like before, these ‘‘bad’’ guys PROVIDE millions Sincerely,
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Doug Muraki Ph. (9l6) 442–1373 South Dakota where incomes are low and CFO FAX 442–7655 children are disadvantaged when it comes to internet access, particularly outside of the MTC–00030844 MTC–00030842 school systems. For that reason, I am very 01/04/2002 06:22 +000000000 PAGE 01 01/04/2002 06:19 +000000000 PAGE 01 pleased with the provisions in the Microsoft FROM: FAX NO: JAN.03 2002 07:34PM P1 Leading Edge antitrust settlement which will target these Tracy Pillows Data Services kids and their schools for software and December 29, 2001 P.O. BOX 6008 o Stockton. CA 95206 hardware support and enable them to Renata Hesse Renata Hesse compete with school systems all over the Trial Attorney Trial Attorney, Antitrust Division nation. Antitrust Division Department of Justice Microsoft Corporation has been a helpful Department of Justice 601 D Street, NW, Suite 1200 partner in the development of information 605 D Street NW, Suite 1200 Washington, DC 20530 technologies in South Dakota’s public Washington, DC 20530 Dear Ms. Hesse: schools. The state a few years ago began a Dear Ms. Hesse: Why is the federal government still program to make the state the ‘‘most wired I can’t believe this anti-trust case is still spending our tax dollars trying to break up state’’ per capita than any other state in the going on. The government has spent over $30 Microsoft? Please accept the settlement that nation. Governor Janklow’s ‘‘wiring the million dollars of the taxpayers’ money on has been reached between all of the parties schools’’ program linked schools of all sizes this case. I can think of many important and stop wasting tax payer’s money. and income types to the internet. Microsoft programs that could be funded with that With everything going on overseas and pitched in with a large grant to help the money, especially during this time of with our own economy in a recession, isn’t education portion of the comprehensive economic uncertainty since the country is there something more important that we project. As a result, the settlement will be an currently facing a recession and a huge could be spending our tax dollars on? additional advancement for the students budget deficit. I support ending the class action lawsuits whose schools have been wired for high- against Microsoft and urge you and the I am glad to see that the federal speed access. Department of Justice to do the same. government has finally agreed to a My knowledge of the antitrust case is from Sincerely, settlement. Settling this case is in the best the news media. What I have learned about Jess Cervantes interest of all involved, the technology the issues involved in the case seem to have (800) 390–3233 o (209) 948–6232—Fax industry, the economy and most importantly, been resolved in the settlement agreement, (209) 466–9260 the consumers. What is most important, I believe, is the fact I urge you to please approve the settlement MTC–00030845 that the issue of consumer harm was never so that all of the parties involved can move Wyman Design Graphics established in this case, which makes me on. 2830 Audubon Circle wonder why an antitrust issue was pursued Cordially, Davis, California 95616 so vigorously and for so long. It seems Tracy Pillows Renata Hesse appropriate after all of this time and the taxes 8006 Pocket Road, Apt. 226 Trial Attorney, Antitrust Division spent on this case that it has reached a Sacramento, CA 95831 Department of Justice settlement. I hope that the settlement is 916/424–5652 601 D Street NW, Suite 1200 allowed to go through, and that schools and students will soon appreciate the benefits. MTC–00030843 Washington. DC 20530 Dear MS. Hesse, Thank you very much for your attention. ALLIED PRINTING CO. The Microsoft lawsuit and the money and Sincerely, Renata Hesse, Trial Attorney time pouted into it have served their pur- Patsy Henry Butler Antitrust Division pose. The government sought to protect the MTC–00030847 Department of Justice consumer from unfair business practices by 601 D Street NW, Suite 1200 Microsoft. The settlement reached by the TO: Washington, DC 20530 federal government, nine of the states and FROM : DAKOTA NETWORKS Dear Ms. Hesse, Microsoft is an acceptable compromise to all FAX: 6053328722 This letter is in following the Tunney Act parties. It’s time now to turn our attention to TEL: 6053316937 and the opportunity for the public to offer an more pressing priorities. The recession, the COMMENT : opinion on the settlement reached between war, problems with our education system the government and Microsoft. These MTC–00030848 01/04/02 17:28 FAX (especially in California) call for both 7854840194 THE SOURCE 01 lawsuits have gone on for so long and immediate and focused efforts. become so mired down in political agendas Please support the settlement between the Post Office Box 626 that it is a difficult and arduous task for the government and Microsoft. Thank you for Topeka, Kansas 66601–0626 public to follow, It bothers me that the your time on this important matter. (785) 484–0195 general public, for whose protection this Cordially, (785) 484–0194 fax whole lawsuit was started has been squeezed [email protected] out of the process. I feel strongly enough to MTC–00030846 01/04/2002 18:56 WWW.ks-ra.org write this letter. 6053328722 DAKOTA NETWORKS PAGE 01 January 4, 2001 Microsoft is a successful company. They Patsy Henry Butler, M.Ed., NCC Judge Kollar Kotelly didn’t utilize fair business practices to attain School Counselor, Patrick Henry Middle Antitrust Division that success and will pay the consequences School U.S. Department of Justice for that and be monitored for years to come 316 E, 32nd Street, Sioux Falls, SD 57105 601 D Street NW Ste 1200 to make sure that from here on out, they do January 2, 2002 Washington, DC 20530 ‘play fair’. Trial Attorney Renata Hesse Dear Judge Kollar Kotelly: Now the only hold up is getting the Antitrust Division I understand that you are currently settlement through the channels. Please take U.S. Department of Justice considering the merit of the United States this letter and the sentiments behind it into Washington, DC 20530 Department of Justice’s proposed settlement consideration and support the settlement on Dear Ms. Hesse: of its antitrust case against Microsoft. I am the table. I have served as a counselor for many years aware chat federal law allows for a period of Thank you for your time on this matter. at Patrick Henry Middle School in Sioux public comment before you make your final Respectfully, Falls, South Dakota, where the neighborhood ruling and appreciate the opportunity to Matt Zellmer is financially well-to-do and where internet share my thoughts on this important issue. I 1912 ‘0’ Street Sacramento, CA 95814 access at home is fairly common. As an recently wrote an opinion editorial in my Ph.(916) 442–1373 FAX 442–7655 email educator and counselor, I am concerned with home state of Kansas in which I outlined [email protected] students in other parts of Sioux Falls and in several reasons why I am opposed to the
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continuation of this case by either state or usual, while abiding by the terms of the the absurdity of continuing the war against federal entities. I clearly state in this editorial settlement, is the best way to rescue certain drugs. A free America will never be my disappointment that Kansas Attorney America’s economy. The legal actions by the a drug-free America, as any reasonably General Stovall has nor chosen to settle this government have affected more people than intelligent person knows. America is case. was anticipated, and it is time to right that becoming a terrorist nation because of the I have no doubt that this settlement is in wrong. Thank you for your time and property forfeiture laws and other laws the best interest of all involved. Even consideration, and please allow the terms of associated with the drug war. I know you Microsoft opponents have to admit that this the settlement that was reached between know this. The time is ripe for a change of agreement finds remedies for the complaints Microsoft and the DOJ to fall in to place. It policy. of the lawsuit. For example, Microsoft will be will prove wise in the long run. Sincerely, required to share technical information and FROM : RV CONSULTING INC Roland Peterson 1 Wl\IU! IVlUll requires absolute flexibility of all new MTC–00030852 Microsoft operating systems. This settlement FAX NO. : even creates an enforcement mechanism that Jan. 06 2002 05:52PM P2 01/06/02 sun 18:50 FAX 5323782 Perry L. Microsoft must answer to if a complaint is James Harvey Staley 001 filed stating that the company is not cc: Senator Strom Thurmond January 6, 2002 Attorney General John Ashcroft following the provisions of the settlement. MTC–00030850 There appears to be no reason that this U.S. Department of Justice settlement should not be approved 01/(06/02 SUN 19:03 FAX 5323785 Perry 950 Pennsylvania Avenue, NW particularly in light of our current economic L. Staley 001 Washington, DC 20530 condition. With the current state of our Perry L. Staley Dear Mr. Ashcroft national economy we do not need the threat 411 Orchard Street It is unfortunate that the Enron melt down of more unreasonable government regulations Ironton, OH 45638 took place at this time, when the news of 911 and litigation hanging over the high tech January 5, 2002 obscures the facts . sector which, as you know, has become such Attorney General John Ashcroft I feel that you should put this on the front an important part of our economy. U.S. Department of Justice burner of all your investigations. For a few 950 Pennsylvania Avenue, NW insiders to take as much money as they did Please carefully consider my comments Washington DC 20530 is criminal and to not investigate at once is when you are making your decision about Dear Mr. Ashcroft, in my opinion an abuse of your powers, I am this important settlement. It is unfortunate that there had to be this writing to ask that you use the power of your Sincerely, lawsuit between our government and office to see that justice is done in a swift and James W. Mullins, President Microsoft. I am sure that Microsoft had been final manner. Kansas Republican Assembly aggressive in their business practices, but I I sincerely thank you for your time and MTC–00030849 am not so sure that the line was crossed so effort in seeing this through to its— end. Jim & Joan Harvey as to have made them a target of a suit like Respectfully yours, the antitrust case. In any case, after plenty of PO Box 461 Isle of Palms, SC 29451 Perry L. Staley wrangling and even more posturing there is 411 Orchard Street Yahoo! Mail for [email protected] Yahoo!- finally a settlement that will end this case. Ironton, Ohio 45638- 1166 My Yahoo! Options- I am writing to ask that you keep sustaining Sign Out-Help your support for settlement. MTC–00030853 Mail The suit will profoundly restrict Jan-07–02 10:37A Tatum Bros Lumber Co Attachment View—Powered-by Isle of Microsoft’s business practices. Microsoft 904 782–1448 P.01 Palms, SC, 29451 cannot demand exclusivity of Microsoft Tatum Bros. Lumber Co., Inc. Back to Message products from computer manufacturers P.O. Drawer A Lawtey, Florida 32058–0701 P.O. Box 461 installing software before shipping the (904) 782–3690 Fax (904) 782–1448 Isle of Palms, SC 29451 ‘‘ computers to dealers or customers. They January 7, 2002 January 5, 2002 cannot seek retribution from software Attorney General John Ashcroft, Attorney General John Ashcroft, companies that develop software designed to Department of Justice Department of Justice compete with Microsoft, which should be a 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW cornerstone of a successful business. Washington, DC 20530–0001 Washington, DC 20530–0001 Enough damage to our economy has been Dear Mr. Ashcroft: Dear Mr. Ashcroft: accomplished by all this court action and The lawsuit that was filed against I wanted to drop a quick letter to you time-consuming legal work. After an ample Microsoft was, quite frankly, crazy. It never congratulating you on the settlement that was amount of expense and worrying, both sides should have happened in the first place, and reached between Microsoft and the are finally ready. I hope you will see that the I am so glad that it was finally resolved just Department of Justice. It was more than fair, settlement reached in early November 2001 last November. The Justice Department does and I do not want or need to see any more is brought to completion by your office. I not need to waste time and resources, which action against Microsoft at the federal level. sincerely thank you for your time and effort the taxpayers have to foot the bill for, any Please move forward with the terms that have in seeing this through to its end. further on this pursuit. There is a resolution been agreed to in the settlement. The Respectfully yours, and it is a resolution that addresses all of the agreement calls for Microsoft to document for Perry Staley key issues and even ones not mentioned in its competitors various interoperability the original lawsuit. protocols inherent in the Windows’’ MTC–00030851 This agreement stipulates that Microsoft operating system. That incredible amount of @A cannot retaliate against any computer disclosure alone should revitalize the From: ROLAND OLAF PEIERSON company that promotes or distributes non- competitive energies of many companies, To: John Ashcroft Microsoft software, which helps to increase since it could theoretically make all products Date: 2002/01/06 Time: competition. It also provies a uniform pricing work equally well on any computer with 6:57:30 PM PAGE 1 of 1 list for companies that would enter into Windows. America is in the middle of a 22 Ravenswood Road licensing contracts with Microsoft, which recession, and hampering Microsoft’s Waltham, Massachusetts 02453 provides economic protection from smaller abilities, as well as other firms’’ abilities, to 2002 January 6 computer manufacturers. The Microsoft bring innovative products to the marketplace Attorney General John Ashcroft settlement even goes so far as to require is not the way to save our economy. US Department of Justice Microsoft to provide interface data to its This whole mess started when the suit was 950 Pennsylvania Avenue, NW competitors, which is a first in antitrust brought against Microsoft three years ago, Washington, DC 20530 settlements. This is a settlement that and now we have passed the point of return. Dear Attorney General Ashcroft: I am addresses all of the issues at stake here and Allowing Microsoft to get back to business as writing you today to express my feelings on more.
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Therefore, it is time that the litigation is I hope that you consider my opinion as buddy, Joel Klein, helping Novell and other stopped. As I said, this entire lawsuit was well as those of other people who write in software companies (from Hatch’s state) try crazy to start with. Well, it’s time the to you supporting Microsoft and please pass to accomplish through the courts what they craziness ended. I urge you to make no on our opinions as well as the terms of your couldn’t accomplish in the marketplace with further changes. Microsoft has been settlement to the nine states and the DC their products. It is a case against one of the penalized. I hope you will do what is good government, who still refuse to settle their most customer-beneficial business successes for the economy. The buck stops with you. case against Microsoft. ever. The case would never have been Sincerely, Sincerely, brought by a Bush Administration, and the Linda Tatum Stanley Kimmel Bush Administration does not want it pursued. Neither does the worldwide public, MTC–00030854 MTC–00030857 which is the very happy beneficiary of Stanley Kneppar SENT BY: 1–5–02; 9:32 PM. JERRY MARTIN everything that Microsoft has done for our 8IO9 Hibiscus Circle ASSOC. 202 353 8856; # 1 lives and our economies. Judge Jackson made Tamarac, FL 33321 21 Edgewater Alley the case a ridiculous circus. It has cost January 7, 2002 Isle of Palms, South Carolina 29451 people billions already. Settle this misguided Attorney General John Ashcroft January 5 2002 suit. Get it over with. Move on to something US Department of Justice, 950 Attorney General John Ashcroft relevant. The two accompanying fax pages, Pennsylvania Avenue, NW US Department of Justice (1) a Wall Street Journal editorial of March Washington, DC 20530 950 Pennsylvania Avenue, NW 1, 2001, ‘‘The Microsoft Appeal’’, and (2) a Dear Mr. Ashcroft: Washington, DC 20530 September 7, 2001 article, ‘‘Justice Bows to This letter is to express my support for the Dear Mr. Ashcroft: Reason’’, both express my views on this. settlement in the Microsoft case. I am writing to voice my opinion Particularly in the latter, please note that This is a balanced agreement, concerning the Microsoft antitrust case that ‘‘the (DC Circuit’s) opinion includes painstakingly negotiated with a court was recently settled with a strong and important admonitory language about the appointed mediator. Microsoft will have to binding settlement I urge you to please stop grave problems of pursuing antitrust claims make some critical concessions, while being any further Federal government intervention in quickly evolving industries, such as allowed to use the technology that has made beyond this settlement There have already software and other high-tech industries, it the gold standard for computer innovation. been settlements reached between various which neither the prosecutors nor the courts I am convinced that Microsoft’s success states and Microsoft, all of which involved know much about.’’ comes from the simplicity and superiority of mediators and a great deal of negotiation. The JAN–06–2002 08:20 PM BERT MCLACHLAN its product, I briefly used the Netscape settlement forces Microsoft to document and 800 213 4181 Navigator before switching to the Microsoft disclose for use by its competitors various The market takes care of these things. Learn Internet Explorer, and I found the latter to be interfaces that are internal to Windows’’ a little something from the federal very preferable. The company does not operating system products—a first in an government’s decade or more of earlier deserve to be punished with litigation just for antitrust settlement. Microsoft has agreed not similar misguided efforts with IBM. being a success. I anticipate that as Microsoft A Consumer, is forced to open up its codes for Windows to retaliate against software or hardware Bert McLachlan to improve interoperability, we will see the developers who develop or promote software JAN–06–2002 08:21 PM BERT MCLACHLAN competition and Microsoft improve such soft that competes with Windows or that runs on 800 213 4181 P.02 ware as browsers and media players. In turn, software that competes with Windows. THE WALL STREET JOURNAL THURSDAY, that is good for consumers. I am retired, but have previously been MARCH 1, 2001 I sincerely hope the District Court Judge involved in ‘‘big business.’’ I see the The Microsoft Appeal deems the settlement to be in the public’s hardships Microsoft is facing on the side of For a while you couldn’t sit down with a best interest. a businessman and an everyday computer Japanese or German or British CEO without Sincerely, user. It seems to me that this drawn-out them wanting to shake their heads over the Stanley Kneppar lawsuit has become a victim of politics and cc: Representative Robert Wexler money lust Microsoft has contributed much spectacle of the U.S. government seeking to to this country, creating jobs, bringing destroy one of America’s most successful and MTC–00030855 technology and donating a great deal of important companies. The further you got P. 0. Box 23093 products to schools and other charities. from American political culture. The weirder Anchorage, KY 40223 Don’t allow our economy to drift further the Microsoft lawsuit seemed. January 5, 2OO2 into recession. Please allow Microsoft to get Most Of the local Washington press bought Attorney General John Ashcroft back on their feet again. it, thought, because Joel Kleln was a shrewd Department of Justice Sincerely, judge of the reach of his Permission slip in 950 Pennsylvania Avenue, NW Jerry Martin beat up the world’s richest man. His hireling David Bojes has gone on to represent Napster; Washington, DC 20530–0001 MTC–00030858 Dear Mr. Ashcroft, Mr. Klein has joined Bertelsmann, the In accordance with the Tunney Act, I am JAN–06–2002 08:20 PM BERT MCLACHLAN German media and music giant that struck a writing in regards to the DOJ settlement with 800 213 4181 P.01 Bert McLachlan deal with Napster. And their Mi. crosoft case Microsoft. I am sorry that there was a case 3524 West 97th Place this week basically collapsed. to begin, with but I’m happy that there’s Leawood, Kansas 66206 Lawyers for both sides left the appeals finally a settlement in this whole matter. It’s 1–800–213–4181 bertmclachlan@msn.com Court knowing there would be no breakup, a good settlement ‘‘tough but fair’’ nature. January 7, 2002 andl probably not much of a case once the The penalties for not abiding by the terms are Department of Justice appeals bench gets done throwing out strong; contempt of court is a very serious Re: Microsoft Settlement everything that was unproved. counterfactual charge, and there are many different ways Fax: 1–202–307–1454 (Four pages total) or lacking in coherence. The telling remark that the suit might be broken. Every facet of Beyond a doubt, it is time to settle the was Chief Judge Harry Edwards’s comment Microsoft’s operation, from licensing to Microsoft case and get it over with, not about ‘‘sleights of hand’’ over whether marketing to software design is affected by letting it be dragged on and on just because Microsoft was accused of trying to create a the settlement in some way. of a few obstinate state attorneys general. browser monopoly (for a product it was I am happy to see that Microsoft will Don’t let the tail (the state AGs) wag ‘‘the giving away free? Or seeking to protect its finally be able to get back ho business and dog’’ (this case). As one lawyer said, ‘‘the Windows monopoly (how does making a help out our economy in this recess ion.— issues in this case have been beaten to death better browser and distributing it free protect They are an example of a good American by people who are worn out.’’ There is no Windows?). company and have unfortunately been case, so be done with it. Let us confess some sympathy for Judge persecuted for outdoinq their competitors This was a political case from the Jackson. Who was knocked around by the with a better product. beginning: Senator Orrin Hatch and his appeals panel for his apparent bias as trial
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judge. With every action since the start he that ‘‘it is far too late in the history of our perfedctly permissable. The court’s opinion, seemed to betray reservation about whether antitrust jurisprudence to question the however, contains one cryptic conclusion the matter really belonged in court. Why this proposition that certain tying arrangements regarding ‘‘code commingling’’ that may came to be projected into resentment of pose an unacceptable risk of shifting make the outcome unclear. Though it may Microsoft and Bill Gates is a question for his competition.’’ But in the next sentence, the take some time, if the lower court carefully memoirs. He called Mr. Gates ‘‘Napoleonic.’’ appeals court added, ‘‘But there are strong works through the DC Circuit’s basic which might be accurate if he meant reasons to doubt that the integration of analysis, there are unlikely to be any serious someone who had achieved a great deal at a additional software functionality into an OS obstacles to Windows XP. young age. And what a group of DC drug [operating system] falls among those Does this mean that the entire Microsoft peddlers. The Newton Street Crew, did to arrangements.’’ Still later, the court prosecution was a waste? Surely, it has merit comparison to Microsoft we’ll never instructed that ‘‘because of the prevasively caused substantial harm. Many have pointed know. But Microsoft’s real offense was clear: innovative character of platform software out that the collapse of the dotcom industry It declined to cop a plea so everyone could markets, tying in such markets may produce dated almost exactly from the release of go home and brag about the big trophy for the efficiencies that courts have not previously Judge Jackson’s, ‘‘Findings of Fact,’’ most rest of their lives. Instead, the company kept encountered.’’ have which have been vacated. Microsoft’s insisting it had done nothing wrong. By the The D.C. Circuit was equally clear about decline, in market capitalization was time he got around to offering the most the inappropriateness of the breakup remedy. accelerated by Jude Jackson’s ‘‘Conclusions drastic remedy imaginable for Microsoft’s It cautioned the lower court that a break up of Law,’’ among all of which have been alleged wrongs, dismemberment of the was generally an effective remedy only for vacated. There have been millions of hours company, Judge Jackson was hilariously monopolies that had been created by the of hours of academic analysis, with a cast agnostic on whether the end result would he merger of former competitors, and not for the volume of litigation still in the wings. The good or bad, saying the question wasn’t even unitary companies like Microsoft. In claim of waste is hard to reject. worth taking testimony on: I’m outta here. addition, the court severely questioned Important Analysis But some rays of light Then he blabbed to the press. Surely these whether there was any casual connection have resulted. The DC Circuit’s opinion, actions served their purpose: Whatever the between Microsoft’s exclusionary conduct through unsupported and weakly defended appeals bench decides. U.S. v. Microsoft and its monopoly market share, adding that on exclusive dealing, contains an important most likely won’t be coming back to Judge ‘‘If the casual connection between Microsoft’s analysis of tying arrangements and bundling Jackson’s courtroom. exclusionary conduct and the company’s that substantially advances the laew beyond The puck now has been slapped to a new position in the OS market, it may well the current jurispreudence of the Supreme Administration. NYU economist Lawrence J. conclude that divestiture is not an Court. In addition, the opinion includes White, a former chief economist of Justice’s appropriate remedy.’’ antitrust division, proposed in a New York important admonitary language about the Where does this leave the case? In its press Times oped that the Bushies ‘‘save face’’ by grave problems of pursing antitrust claims in release yesterday, announcing that it was letting Microsoft go with a $10 billlion fine. quickly evolving industries, such as software dropping the tying anf breakup charges, the Huh? Mr. Bush has no need to save face. He and other hightech industries, which neither Justice Department stated that it would seek didn’t bring this misguided lawsuit. This was the prosecuters not the courts know much an order ‘‘modeled after the interim Clintonera handiwork, a vestige of a weird about. The Justice Department’s action time when the White House and senior conductrelated provisions’’ of U.S. District yesterday acknowledges the truth and Justice officials had unhealthy stakes in each Court Judge Thomas Penfield Jackson’s Final significance of these warnings. other. Mr. Klein had been Mr. Cliton’s deputy Judgement. Some of these rememdies, Finally, the Court of Appeals opinion and White House counsel. His boss. Janet Reno, through less damaging than a breakup, were the Justice Department’s retreat should serve didn’t have much to look forward to beyond nonetheless draconian. Among other as a cautionary guide to actions against her job as attorney General. Mr. Clinton was remedies, Judge Jackson would have required Microsoft threatened by the European ______keen not to be investigated for campaign Microsoft to disclose portions of its source Commission to may who may ____ finance scandals. They found a modus code, to provide price discounts to Original stubborn on These are small benefits vivendi, and Microsoft was collateral Equipment Manufacturers (or OEMs) and are hardly worth the accumulated social ______damage. according to how many of Windows’’ cost ———— as wasteful been, if Events this week seal the case for features they deleted, and to generally treat still can be ____ if prosecutors learn ____ not withdrawing whatever is left or the original all vendors and customers equally, regardless to bring such ____ in the future. lawsuit when the appeals court gets done of their actions. Mr. Priest teaches law and economics at with it. The best way for the government to But there is no basis in the Court of Yale Law School and has served as a ‘‘save face’’ is to pronounce this sorry Appeal’s opinion for conduct remedies of consultant for Microsoft. this nature, and the lower court is not likely adventure a mistake to begin with. MTC–00030859 JAN–06–2002 08:21 PM BERT MCLACHLAN to approve them. According to the Court of 800 213 4181 P.04 Appeals, the only justifiable conduct January 7, 2002 THE WALL STREET JOURNAL FRODAY remedies are an injunction prohibiting United States Department of Justice SEPTEMBER 7, 2001 JUSTICE BOWS to Microsoft from entering various exclusive Re: Microsoft Settlement REASON dealing contracts and compelling it to Isn’t it about time Washington caught up By George L. Priest redesign Windows to allow a customer to with the rest of America? Perhaps those The Justice Department has decided to delete the browser if there are any customers within the Beltway haven’t heard President drop its further prosecution of Microsoft and who would want such a thing. Remedies of Bush. We are at War. Accordingly, let’s put this will come as no surprise to those who this nature will not affect Microsoft’s to bed this case against Microsoft. All have examined with care the opinion of the U.S. operations in any significant way, and, had their opportunity to spend their ‘‘day in Court of Appeals in June. After all, thr DC indeed, were largely accepted by Microsoft court.’’ As we see it, no one won. Politics Circuit’s unanimous ruling provided a virtual prior to trial. being what it is, those who have never road map to thw lower court to find that The Justice Department also hinted that it worked to meet a payroll, would like this Microsoft’s tying of its browser to Windows wanted discovery to determine whether there ease to drag out for the benefit of their own was unobjectionable, and that a breakup of are any violations associated with the private agendas. If the green envious the company could not be justified. forthcoming introduction of Windows XP. competitors of Microsoft have better to offer, So, put bluntly, the Justice Department The statement was only a hint, but it may let us hear form them. The silence has been yesterday dropped the tying claim, as well as prove troublesome if either the Justice deafening. the breakup remedy, because it faced a zero Department or any of the state attorneys It appears that some attorneys at the State chance of success. Thus, what has been general still in the case choose to take the level think they will benefit from delaying widley dubbed as the greatest antitrust case matter seriously. According to the DC closure on this matter. You know what of the last 50 years ends with a whimper. Circuit’s analysis of tying, the full integration Shakespeare said about the legal profession! Antitrust Jurisprudence Quoting the in Windows XP of features such as Media Henry and Eleanor Langworthy Supreme Court, the DC Circuit had stated Player or Instant Messaging should be CC: Microsoft
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01/07/2002 12:40 718–667–7135 useful. It is a frightening prospect to see The settlement should be left as is and not Langworthy Investor PAGE 01 another dollar of precious development changed as being sought by 9 states. resources diverted to paying attorneys’’ fees Comments MTC–00030860 instead of rippling through our industry. I have been a stockholder of IBM, Oracle, 01/06/2002 00:25 5152431028 DDR PAGE 01/ Money that could have launched a new Computer Associates and Microsoft over the 01 product or created new opportunities for a past 15 to 20 years. I invested in this area of MARK ALAN HAVLICEK small business on the brink in has technology because I believed that U.S. 1513 Sixty Sixth Street + Windsor Heights, disappeared into the abyss of this lawsuit. industry could compete in software, but lowa 5031I United States of America The settlement is a positive step in putting would find it almost impossible in hardware Phone 515–243–3622; Fax 515–243–l282 + it all behind us and opening a new chapter due to countries like Japan and China and Home Phone 515–274–3582 + Email in the life of the technology industry. Korea having significant advantages in the [email protected] I applaud Assistant Attorney General hardware arena. (I have done well, and as it Hon. Judge Ko1ar Kottely Charles James for his role in bringing the case turns out, I may also have done well in U.S. Antitrust Division this far. The settlement agreement is a strong hardware, but software was my plan, and I U.S. Department of Justice one. It will have an enormous impact on the stayed with it.) My view of the software 601 D Street, NW, Suite 1200 future of the entire software industry. baffle is that IBM lost, my view I repeat is Washington, DC 20530 Sincerely, Microsoft did not win. IBM lost— Attention: Renata Hesse Mark Havlicek The reasons IBM lost were of IBM’S doing Dear Hon. Judge Kolar Kottely: President . . . can you believe a monster monopolist I am the President of Digital Data DIGITAL DATA RESOURCES, INC. manufacturer who bought LOTUS in order to Resources in Des Moines, Iowa. I have been Des Moines, Iowa defeat Microsoft—and they lost, and then involved in the technology industry for figured out the only way to get back in was several years, and it is my hope that the MTC–00030861 the Government. In my view those involved Microsoft case, will be settled. The fiscal Jan–07–2002 12:50pm From: HMH in the software wars of that past time period outlook for 2002 is grim. From coast to coast, PHARMACY + 2707061768 T–299 P continue to view IBM’s mistakes as revenue growth has slowed, spending is OOl/OOl unbelievable and those mistakes resulted in exceeding budgeted Ievels, and many states F–719 Microsoft becoming, I guess, what the court are looking at large budget cuts. After HMH has decided is a monopoly. But not a September 11, we saw a plunge in the Hardin Memorial Hospital monopoly created illegally, and in my view technology sector. Instead of being tied up in A Regional HealthCare Center not a monopoly created by Microsoft. court, technology entrepreneurs should at January 7,2002 Nobody liked Microsoft then anymore then work developing products and charting new Attorney General John Ashcroft than they do today, but it turned out that we territory with never before imagined products US Department of Justice valued IBM’s product even less, and services. 950 Pennsylvania Avenue, NW Does anybody remember who IBM put in Giants like Apple, IBM, and Microsoft Washington, DC 20530 charge of LOTUS. provide the stable atmosphere for the myriad Dear Mr. Ashcroft: As we proceed on from those past days to small firms to create, develop, and release I am writing to comment on the settlement the more current events surrounding the vast new cutting-edge technologies. The small with Microsoft. While I am sorry that any suit worldwide communications arena, I am at a companies work in concert, and competition was brought against Microsoft in the first complete loss as to how Microsoft can be at times, with these giants. This mutually place, I am happy that this situation is judged to be acting illegally because it is a dependent relationship is the lifeblood of the resolved. monopoly but that it would not be so judged industry. I hope that the rest of the states will fall if it were not a monopoly. What other Over the past 20 years, we have seen in line and get behind your settlement. It’s country in the world, past or present, would computers go from the size of a refrigerator fair and reasonable and should solve view such a performing asset as a monopoly, to the size of a deck of cards. And in tandem everyone’s problems with Microsoft. if it were their own, and try to inhibit its with those leaps forward, we have seen Microsoft will share information regarding growth and aggressiveness. declining prices, better and faster technology, the internal workings of Windows, and And I suggest that the court somehow and increasingly more efficient methods of computer makers will be able to use this make all aware that just making a finding delivery to consumers. It takes a competitive information to more easily install their own yesterday that Microsoft was a monopoly last spirit to survive in this exceptionally software on Windows based operating year does not make it so this year or even aggressive industry of ours, especially in the systems. I hope that they really are in it not yesterday. And so in that legal tangle, I case of small or emerging businesses. We just to make money off of Microsoft’s hard suggest that if one can become a ‘‘monopoly’’ spend our days watching competitors, work. without prior legal notice then the opposite finding markets, and keeping a watchful eye Thank you for taking the time to listen to must also be true and, so since in my view on the economy. And it seemed the storm has me concerning this matter. I appreciate your today Microsoft is not a monopoly, it should passed, both figuratively and in the eyes of settling this matter and for hearing the now conduct it’s business in that manner, no, the stock market, when a settlement was public’s opinion on this case, especially it must conduct it’s business in that manner. announced last year. considering the huge impact Microsoft has on In the overall world of business, my charts But the states which remain involved have the average American. show Microsoft ranks 125th in Revenue, and argued for tougher enforcement provisions, Sincerely, in it’s competitive world it is not even a third including a court-appointed ‘‘specia1 John Sandusky of IBM, and less than half of AT&T. It is not master’’ to oversee Microsoft’s compliance. 913 N. Dixie Avenue o Elizabethtown, KY a fourth of GE. It seems to mush around the And we have found through experience that 42701–2599 o Phone: 502–737–1212 likes of Brit Telecom, Dell Computer, there is no remedy discrete to Microsoft Compaq, France Telecom, Telecom Italia, when it’s the nucleus of a tech sector that MTC–00030862 Telefonica, and is a third of Siemens, operates as its own economy. 7–22–1995 3:56 AM FROM P. 1 Verizon, and half of SBC, and maybe some The states, including my own state of Iowa, To: The Department of Justice January 7, 70% of Nokia and AOL. are not right to push ahead for further 2002 Is there some belief that these corporations prosecution of Microsoft. The proposed From James D. Murphy are not competitive—it seems to me settlement goes the distance in addressing 7725 La Cosa Dr. Microsoft is the little guy in the schoolyard the concerns of business people like me who Dallas TX 75248 being punished because he does his are in the technology industry. The time to ofc 972 774 1603 homework, Aha, someone says, the gauge take a hard line is over. The hold-our states fax 972 774 9975 should not be Revenue, it should be EBITDA. are holding out to the detriment of their state email [email protected] Well I suggest the court make all aware of the economies and out national economy at a Regarding Microsoft Settlement gang ahead of Microsoft in that category. time when actions like this are not at all Summation of My View Number one is NTT, proud owner of
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DoCoMo, some five times Msoft size and W. LOUIS BISSETTE, JR. ASHEVILLE, January 7,2002 good old GE three times, and even struggling NORTH CAROLINA 28802–3180, Ms. Renata Hesse IBM a third larger. All larger and with FREDERICK S. HARBOUR, DOUGLAS O Trial Attorney competitive WEB intent are VERIZON, ATT, THIGDEN, JOHN N. FLEMING & GAI Antitrust Division SBC and close by are BELL SOUTH, JOSEPH P. McGUIRE INC & GAI Department f Justice TELEFONICA, and the French and Italians. HARBOUR, DORIS PHILLIPS LOOMIS, 601 D Street NW, Suite 1200 I believe these bigger guys are trying to TELEPHONE: (828) 284–8800, SARAH Washington, DC 20530 push Microsoft on down the communications SPARBOE THORNBURG & Dear Ms. Hesse, pile and intend to hold themselves on top, M. CHARLES CLONINGER, FACSIMILE. As the Plant Manager for County Best, and since it is unlikely that the prior court (828) 252–2438, HEATHER WHITAKER located in Syracuse, NY, I am writing to YOU decision will be reversed let us end it now, GOLDSTEIN in regards to U.S. vs. Microsoft, I’d like to and let little old Microsoft continue to THOMAS C., e-mail, DOUGLAS JAMES take a moment of your time to tell you why compete in the world marketplace. TATE, T. DOUGLAS WILSON, JR INC & I am in favor of the settlement of this case. Repectfully CAI WEB SITE WWW.MWBAVI.COM, Currently, the technical operation of Country James D. Murphy MARY E. FULER INC & ALI Best depends on the latest technology, much JANUARY 2, 2002 MTC–00030863 of which has been deve!oped by Microsoft. Via Facsimile—(202) 616–9937 We depend on the software we useb to File No. 869 01/07 ‘‘02 14:19 ID: FAX: PAGE Ms. Renata Hesse handle the critical coordination of produce 1 Trial Attorney, Antitrust Division shipments from all areas of the nation, in and Date: 1–702 Departrncnt of Justice out of our facility. Not only are Microsoft’s To: John Ashcroft Fax: 1–202–307–1454 601 D Street NW, Suite 1200 products vital to our business, but the Company: Washington, DC 20530 continued innovation of these products is From: Diana Kilgure Phone: [email protected] essential to our company, as well. Re: Microsoft Settlement Dear Ms. Hesse: I encourage Judge Kollar Kotelly to Total Pages (including cover page): 2 O As an attorney and a former three-term consider the national economic climate of the Urgent O For Review O Please Reply member of the Asheville City Council, I have United States and the negative impact that Comments: had an invaluable opportunity to see both the allowing further litigation against Microsoft File No.869 01/07/02 14:19 ID: FAX: PAGE good and the bad that can result from will have. The settlement of this case will by 2 government action. As a result, I have been far be in the best interest of all businesses MAIL BOXES ETC. concerned for some time about the impact of throughout New York State. 19885 Detroit Road, Rocky River, OH 44116 the antitrust suit that the federal government Thank you for your time, PH: 440.333.4810 FX: 440.333.4812 and a number of states were pursuing against Sincerely, 21011 Maplewood Avenue Microsoft I am glad to see now that a James Giuffre Rocky River, OH 44116 settlement has been tentatively reached. I January 3,2002 was also heartened by the decision of North Plant Manager Attorney General John Ashcroft Carolina’s Attorney General, Roy Cooper, to Country Best U.S. Department of Justice remove our state from the suit. He looked JAN–07–2002 12:03 PM COUNTRY BEST 950 Pennsylvania Avenue, NW long and hard at the issue, and he obviously 315 463 4432 P.01 Washington, DC 20530–0001 concluded that the settlement deals MTC–00030866 Dear Mr. Ashcroft: adequately with Microsoft’s misdeeds and FROM: FAX NO.: Jan. 07 2002 11: 16AM P1 I am writing to express my support for the provides sufficient remedies to prevent KEHOE-FRANCE settlement that was reached in the Microsoft future misdeeds. SCHOOL-CAMP-CHILDREN CENTER antitrust case, which I consider to be very According to reports I have seen on the DEO-PATRIAE-DISCIPLINE reasonable. Microsoft must now make proposed settlement agreement, Microsoft 720 ELISE AVENUEoMETAIRIE, LA 70003 significant changes in its business model, could not penalize computer manufacturers such as uniform prices for hardware dealers, that distribute competing software. and the (504) 733–0472oFAX (504) 783–3446 and provide more information to manufacturers would be free to install or January 7, 2002 competitors. Further litigation at this point is promote non-Microsoft products and Renata Heese a waste of money and serves only to hobble services. This seems to me to protect against Trial Attorney a company that some consider too successful. anti-competitive behavior and make the Antitrust Division As part of the settlement, Microsoft will settlement extremely fair and reasonable. At Department of Justice have to share information making it easier for a time when our nation is at was with 601 D Street NW, Suite 1200 competitors to use non-Microsoft software terrorism and our economy is in recession, it Washington DC 20530 with the Windows program. This includes would be wise to reach a settlement in this FAX: 202–616–9937 disclosure of various interfaces internal to matter. Both the public and private sectors RE: U.S. v. Microsoft the Windows operating system. The must get about the business of rebuilding a It is my understanding that Judge Kelly settlement will result in more options for vital. growing economy. I sincerely hope that will be reviewing comments on the proposed consumers as well as more access for the federal courts will approve this Microsoft settlement. Please know that my competitors. settlement and put this matter behind us feeling is that this settlement is in the best I hope you will see tit to approve the Jan 07 02 12:25p Gary Pearce 9197878031 P.2 interest of the economy and consumers. The settlement and allow everyone involved to 82522437 MCGUIRE WOOD 875 P03 JAN 02 technology sector needs a boost and so does get back to the computer business. ‘02 12:l0 our economy. This case has gone on long Sincerely, MCGUIRE WOOD & BISSETTE, P.A. enough and plenty of our dollars have been Diana Kilgore Ms. Renata Hesse spent on it. We need to encourage January 2, 2002 competition but we don’t need the courts so MTC–00030864 Page 2 involved in an industry that it discourages Jan 07 02 12:25p Gary Pearce 9197878031 P. Thank you for your attention. growth and innovation. 1 Sincerely, Let’s settle this and encourage more 8282522437 McGuire Wood 875 P02 JAN 02 M. Charles Cloninger companies to get out there and compete. It ‘‘02 12:10 MCC:es is Microsoft’s rivals that want to see this go McGUIRE, WOOD & BISSETTE, P.A. on and on. As for consumers we like our ATTORNEYS AND COUNSELLORS AT LAW MTC–00030865 choices. DRUMOR BUILDING P.O. Box 670, 6881 COURT STREET ROAD Sincerely, 48 PATTON AVENUE 20001 SYRACUSE, NY 13206 KYLE M. FRANCE RICHARD A. WOOD, JR. POST OFFICE BOX TEL: 315–463–0062 FAX: 315–463–3352 KMF:rl 2180 RICHARD A. www.countrybest.com ‘‘Now in our second generation.’’
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MTC–00030867 our industry. Money that could have telecommunications. Microsoft Corporation’s 01/06/2002 00:24 5152431028 DDR PAGE 01/ launched a new product or created new continuing expansion of its integrated 01 opportunities for a small business on the technologies and application platforms allow Mark Alan Havlicek brink instead has disappeared into the abyss companies of all sizes from the smallest to 1513 Sixty Sixth Street +Windsor Heights. of this lawsuit. The settlement is a positive the largest to benefit from that leadership role Iowa 50311 + United States of America step in putting it all behind us and opening and strategy. I know because those Phone 515–243–3822 + Fax 5l5–243–1262 + a new chapter in the life of the technology companies are my clients in the Home Phone 515+274–3582 + Email industry. pharmaceutical, biotechnology, and other [email protected] I applaud Assistant Attorney General sectors of our business economy. Hon. Judge Kolar Kottely Charles James for his role in bringing the case Please reflect on what our government has Antitrust Division this far. The settlement agreement is a strong done in the past 10 years and do what you U.S. Department of Justice one. It will have an enormous impact on the can to make the next decade one in which 601 D Street, NW., Suite 1200 future of the entire software industry. our government leaders support those Washington, DC. 20530 Sincerely, companies like Microsoft Corporation who is Attention: Renata Hesse Mark Havlicek doing its best to maintain a global leadership Dear Hon. Judge Kolar Kottely: President position for the good of our nation and its I am the Pesident of Digital Data Resources DIGITAL DATA RESOURCES, INC. people. Do not let the lobbyists, the in Des Moines, Iowa. I have been involved, Des Moines, Iowa politically motivated, and the Microsoft competitors drive our government legislators in the technology industry for several years, MTC–00030869 and it is my hope that the Microsoft case will and attorney generals to prosecute and be settled. The fiscal outlook for 2002 is grim. Jan 07 02 12:28p Gary Pearce 9197878031 p.1 persecute the one company that is still the From coast to coast, revenue growth has 12/27/2001 13:48 919–676–1536 brightest star in our economic arsenal slowed, spending is exceeding budgeted BRACHMAN ASSOCIATES PAGE 01 fighting to maintain our economic survival in levels, and many states are looking at large BRACHMAN ASSOCIATES the ever growing world of foreign-based budget cuts. After September 11, we saw a 8605 Devishire Drive terrorism and protectionism. plunge in the technology sector. Instead of Raleigh NC 27615 The proposed settlement agreement that is being tied up in court, technology (919) 870–1982 (919) 676–7536 fax now before the federal courts will provide entrepreneurs should at work developing December 27, 2001 adequate protections to all involved in this products and charting new territory with Renata Hesse industry—Microsoft itself, its competitors, never before imagined products and services. Trial Attorney computer manufacturers, information Giants like Apple, IBM, and Microsoft Antitrust Division, Department of Justice technology providers and, most important of provide the stable atmosphere for the myriad 601 D Street NW, Suite 1200 Washington, DC all, the consumer and end-user. It is time to small firms to create, develop, and release 20530 accept this agreement, as the State of North new cutting-edge technologies. The small Fax 202–616–9937 Carolina has wisely done, and move forward. companies work in concert, and competition [email protected] Fred Brachman at times, with these giants. This mutually Subject: Support for Microsoft Settlement President, Brachman Associates, Inc. dependent relationship is the lifeblood of the Dear Ms. Hesse: MTC–00030870 industry. For the last 30 years as a senior Over the past 20 years, we have seen management consultant to such companies as Jan 07 02 12:29p Gary Pearce 9197878031 p.1 computers go from the size of a refrigerator IBM, Kodak, Xerox, Burger King, Glaxo, 12/20/01 FRI 14:40 FAX 704347408080 AON to the size of a deck of cards. And in tandem Federal Express and others I have had the CONSULTING 002 with those leaps forward, we have seen opportunity to work side by side with our AON CONSULTING declining prices, better and faster technology. corporate leaders to build a stronger US EMPLOYEE BENEFITS and increasingly more efficient methods of economy. In the last 10 years, I have seen CONSULTING GROUP delivery to consumers. It takes a competitive that economic base erode due to our Renata Hesse spirit to survive in this exceptionally government’s priority focusing on Trial Attorney aggressive industry of ours, especially in the international trade, free enterprise, and Antitrust Division case of small or emerging businesses. We deregulation. The result has been a Department of Justice spend our days watching competitors, significant decline or near collapse in the US 601 D Street NW, Suite 1200 finding markets, and keeping a watchful eye in our transportation industry, our steel Washington, DC 20530 on the economy. And it seemed the storm has industry, our textile industry, our utilities Fax 202–61 6–9937 passed both figuratively and in the eyes of industry, and others. The most successful microsoft.atr@usdoc gov the stock market, when a settlement was and greatest era of growth in the last 10 years Dear Ms. Hesse: announced last year. But the states which has been in the information and One of the fantastic things about being an remain involved have argued for tougher communications industry that has provided American is the ability to take a venture you enforcement provisions, including a court- the foundation for increased productivity, started in your garage, a creation you built in appointed ‘‘special master’’ to oversee consumer and business knowledge, military your backyard or an idea you formalized your Microsoft’s compliance. And we have found intelligence and millions of new jobs in apartment and transform it into the largest, through experience that there is no remedy almost every industry from finance to most profitable business in the world. It is discrete to Microsoft when it’s the nucleus of healthcare. The one company that has this promise of fortune that led most of our a tech sector that operates as its own contributed the most to the US leadership in ancestors to this great country in the first economy. the world through its establishment of place. This reward of innovation has inspired The states, including my own state of Iowa, technology standards and integration of and driven our most successful entrepreneurs are not right to push ahead for further functionality has been Microsoft Corporation. to craft inventions that have revolutionized prosecution of Microsoft. The proposed Now our Government leaders at both the our world and make our lives better. settlement goes the distance in addressing Federal and State leaders are ready to This very ideal of freedom and innovation the concerns of business people like me who undermine the one company who has has been under attack in the federal are in the technology industry. provided this country that global leadership government’s lawsuit against Microsoft. At The time to take a hard line is over. The position through lawsuits and constraints one point, Microsoft was the whimsical hold-out states are holding out to the that will undoubtedly allow foreign dream of an ordinary American. But through detriment of their state economies and our companies once again to gain a competitive keen strategy, tireless effort and enormous national economy at a time when actions like advantage in our own country. I see Asian- risk, it blossomed into the most successful this are not at all useful. It is a frightening based companies building a foundation that software company in history. As we see with prospect to see another dollar of precious will dominate the hardware sector of our our financial markets daily, with risk comes development resources diverted to paying information industry. I see European reward, and Microsoft reaped the benefits. attorneys’’ fees instead of rippling through companies doing the same in But the federal government has been trying
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to step in and limit that growth. This agree to the settlement that had been Sincerely, intervention not only has been needless, but negotiated. He is a leader of rare intelligence Bob Summers also a waste of taxpayers’’ money. Aren’t and integrity, and I have great confidence in President there more important issues to address, such his judgment, I hope that the presiding judge Corporate Media Services as combating global terrorism, providing in this matter will bring it to a quick close. 632 West Summit Avenue, quality education to our children and taking Thank you for your consideration. Charlotte, NC 28203 care of our senior citizens? Sincerely, Phone (704) 377–1601 FAX (704) 377– I am writing to urge you our government Lisa Pace 2905, email [email protected] to end its lawsuit and its efforts to regulate MTC–00030872 Visit our website at Microsoft’s software products. Neither the www.corporatemedia.com already weakend economy nor the innovative Jan 07 02 02:03p Gary Pearce 9197878031 p. spirit of America needs to be stifled by a 1 MTC–00030874 continuation of this litigation. I have seen an FROM : FAX NO. : Dec. 26 2001 01:01PM P2 1–07–2002 3:09PM FROM 000000000000 P.1 analysis of the proposed consent decree, an Jane Lentz :98486007 #2/2 analysis prepared by the Association for 344 Tyler Lane Norma J. Smith Competitive Technology. It appears that the Boone, NC 28607 9367 Brighter Tower Court, #1304 settlement guarantees flexibility for computer Renata Hesse Glen Allen, Virginia 23060 manufacturers, guarantees to information Trial Attorney January 3, 2002 technology providers access to technical Antitrust Division Ms. Renata Hesse specifications, guarantees flexibility to users Department of Justice Antitrust Division and guarantees everyone involved the chance 601 D Street NW, Suite 1200 Department of Justice to get out of the courtroom and back to work Washington, DC 20530 601 D Street NW, Suite It is time to do JUSt that. Dear Attorney Hesse: 1200 Washington, DC 20530 Sincerely, I am writing in support of the proposed Dear Ms. Hesse: Brook Seaford settlement agreement in U.S. v. Microsoft. Whenever there is a settlement agreement AON CONSULTING, INC. The proposal presents a good compromise to a court case, the question arises how the between Microsoft and its competitors. While 101 South Tryon Street Suite 2550 terms of the agreement will be enforced. With it does not provide remedies that are Charlotte, North Carolina 28280 tel (704) the Microsoft case there should be no doubt completely satisfactory, it does allow 347–4080 fax (704) 347–2375 on this question. An independent Technical flexibility and some middle ground for each Committee is being created that has the side. MTC–00030871 power to hire unlimited staff. They will be Microsoft’s competitors will be allowed Jan 07 02 01:59p Gary Pearce 9197878031 p.1 on-site at Microsoft Corporation their access to have technical information so that Lisa Pace expenses will be paid for by Microsoft. The software developers, service providers and 319 Yadkin Drive agreement specifies the U.S. Justice hardware vendors are not penalized In Raleigh, NC 27609 Department as the sole enforcement developing or selling products that. compete December 31, 2001 with the Windows operating system. authority, In short, the settlement agreement Renata Hesse The other remedies provided in the suit provides resources, access, and authority to Trial Attorney will allow the technology industry to focus quickly respond to complaints about Antitrust Division on developing innovative products thus Microsoft’s compliance. This is an Department of Justice getting the economy back on track. enforcement mechanism with teeth. It should 601 D Street NW, Suite 1200 Consumers will benefit from the renewed put to rest any doubts about compliance. Washington, DC 20530 competition. I am glad that this case looks like it is well Fax 202–6 16–993 7 Sincerely, on the road to being settled, Our economy is [email protected] Jane Lentz now in a recession and the high-tech Dear Ms. Hesse: industry can hopefully lead us on the road For many months, I have carefully MTC–00030873 to recovery. followed the progress of the U.S. Jan 07 02 02:2lp Gary Pearce 9197878031 p.1 Sincerely yours, government’s lawsuit against Microsoft Sent by: CORPOHATE MEDIA SVC Norma J. Smith Corporation. As a business consultant and 7043772905 12/17/01 12:43 Job 726 Page MTC–00030875 active community volunteer, I work with a 1/ 1 broad range of businesses and organizations CMS JAN-07–2002 13:40 BIXBY TELEPHONE CO. that depend heavily on computer hardware December 17 2001 918 366 6610 P.01/01 and software, I have seen first-hand the Renata Hesse ED GUSTAFSON importance of affordable and usable Trial Attorney P.O. Box 98 technology. Antitrust Division BIXBY, OK 74008 Microsoft, clearly has been an aggressive Department of Justice January 3, 2002 competitor in the marketplace. But 601 D Street NW, Suite 1200 Attorney General John Ashcroft Microsoft’s products and services have made Washington, DC 20530 The Department of Justice, an invaluable contribution to the growth and Dear Attorney Hesse 950 Pennsylvania Av, NW success of many small businesses and I am writing to comment on the settlement Washington, DC 20530–0001 organizations. It appears that the proposed of the Microsoft case. As a small business Dear Mr. Ashcroft, consent decree in this matter strikes the owner I believe the settlement will start I am writing this letter in accordance to the proper balance between punishing Microsoft rebuilding our economy and at the same time Tunney Act to express my opinion in support and providing remedies for computer allow a significant investment in educating of the settlement reached between Microsoft manufacturers, Microsoft’s competitors, IT children. Microsoft has benefited consumers and Department of Justice regarding the providers and—most important of all— and business owners by providing an antitrust suit. This settlement will finally business and residential end-users. integrated software system that is easy to use. bring a close to the more than three years of It does not help Microsoft, its customers or Our economy depends on competition and dubious court actions. It pleases me to see our economy to continue this costly and ongoing innovation that is not discouraged the Justice Department settle this case, and I time-consuming legislation. Our nation faces by litigation and regulation. A settlement will hope the settlement is enacted promptly after a security crisis and an economic crisis, and allow Microsoft and other companies to again the comment period. it is time to put all of our efforts to meeting focus their efforts on developing technology This settlement was arrived at after these two challenges. A settlement in this that will provide new opportunities for extensive negotiations with a court- matter now would be a blessing to all consumers and the technology industry. The appointed mediator present. Microsoft is not concerned. I am pleased that North Carolina’s settlement will also provide much needed getting the sweet-deal settlement that its Attorney General, Roy Cooper, saw fit to training and software for our schools. competitors say it is getting. It is being
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scrutinized at all times by an independent by the lawsuit. Though the settlement does Renanta Hesse committee to guarantee adherence to the not completely satisfy Microsoft’s Trial Attorney settlement, and any time a competitor competitors, it does appear to be crafted in Antitrust Division believes that Microsoft has overstepped its a way that will let the market continue to Department of Justice bounds, they can sue. produce innovative products with minimal 601 D street NW, Suite 1200 Even though I have reservations about the government regulation. And, perhaps most Washington DC 20530 settlement’s anti-entrepreneur bias, it is far important of all, the consumer will benefit Dear Ms. Hesse: preferable to breaking the company up. The the most. As a concerned citizen and I applaud the recent decision by the decision to finalize the settlement and put consumer of high tech products, I ask that Department of Justice to drop the monopoly this suit behind us is agreeable to me. you accept the terms of this settlement and and tying lawsuit against Microsoft. Now, it Microsoft needs to be allowed to return to put an end to lengthy and wasteful, pursuit is time to settle the remaining issues and innovation. of Microsoft Corporation. move on. The harm done to the technology Sincerely, Sincerely, industry by ever expanding litigation and Ed Gust&on Tom Parris that threat of government regulation will cc: Senator Don Nickles soon be felt by every consumer or high-tech TOTAL P.01 MTC–00030878 products. Microsoft has invested tremendous ABC Coin resources to develop products like the new MTC–00030876 8524 Fifth St, XP operating system. It is unfortunate that January 4. 2002 Frisco, TX 75034 some competitors think it is more valuable to Ms. Renata Hesse 800–752–7277 972–377–7100 FAX 972–335– lobby the government in an attempt to gain Trail Attorney 3960 market advantage rather than focus on Department of Justice WWW.ABCCOIN.COM developing innovations, such as xp. Antitrust Division [email protected] For the sake of the American consumer and 601 D Street N W, Suite 1200 December 27, 2001 our preeminence in the global marketplace. Washingron, DC 20530 Renata Hesse I am writing in support of the settlement Dear Ms. Hesse: Trial Attorney negotiated by the Department of Justice. It is As a business executive who represents Antitrust Division time to settle all remaining issues and let 103 small business owners in the Dallas, Department of Justice healthy competition return to the high-tech Texas area, I’m writing this letter to illustrate 601 D Street NW, Suite 1200 industry. my support of the proposed Microsoft Washington, DC 20530 Sincerely, settlement. I could write a letter with all the Dear Ms. Hesse: H.N. Symonds ‘‘fancy words and phrases’’ that would With the announcement by the United CEO describe how unfortunate this entire States Department of Justice that it will not situation with Microsoft and its competitors continue to pursue antitrust litigation against MTC–00030880 has come about and precisely why US Microsoft, it is time for government lawyers COMPLETE TECHNICAL government should end its pursuit of and state attorneys general to put this entire REPRESENTATION, Inc. Microsoft However, I chose to simply state episode behind us. A recent poll by CTR INC. what I believe is reality in this case: Americans for Technology leadership shows January 4, 2002 I believe our government...and Microsoft’s that the overwhelming majority of the Ms. Renata Hesse competitors who apparently can’t compete American people want this case to come to Trial Attorney for whatever reason..have forgotten about the an end Nearly 75% believe the case should Antitrust Division ‘‘rights of American business’’ to pursue and be resolved quickly. Department of Justice operate their business in the spirit of a free I am writing because I believe that a 601 D Street NW, Suite 1200 enterprise system. That’s the bottom-line on settlement is the most efficient remedy for Washington, DC 20530 this whole affair,.. Let’s end this pursuit of this case. Further litigation or regulation Dear Ms. Hesse. Microsoft Ms. Hesse. Our government has would result in fewer choices and higher I have been an executive in the aerospace spent more than enough of the taxpayer’s prices. Small and minority business would business for the past 37 years and I do not dollar in its quest to satisfy competitors who be unable to afford new innovative products see that a continuation of the Microsoft lack the knowledge to understand customer thus leaving them at a great disadvantage in lawsuit will do any more than spend many needs in the marketplace, Rule 1 in the market place. individuals and home pc additional dollars of the taxpayer’s money. Marketing 101. users would shift their already declining The settlement, as it now stands, may not Thank you. resources elsewhere, American industry completely satisfy, all parties involved, but it Sincerely, would no longer be the preeminent leader in appears that the most logical and certainly W.J. Thomas globe1 technology. This is not the vision I the most cost savings to the taxpayer would have of America’s technology future. I. am be accomplished if the present settlement MTC–00030877 disturbed by the misguided attempt to were accepted. There comes a time when the The Rockford Group interfere with the advancement of American continuation of a lawsuit destroys the 718 Brentwood Lane Richardson TX 75080 technology. That is why I am writing in foundation of the United States business Phone: 214–478–1028 Fax: 972–669–1017 support of the settlement negotiated between approach in that it does away with December 27, 2OOl Microsoft and the Department of Justice. I compensation to the innovative individual or Renata Hesse think that the voices of American consumers company that designs, produces and markets Trial Attorney should be heeded. their product. I propose that you accept the Antitrust Division Sincerely, terms of the Microsoft settlement thus saving Department of Justice Sharon Fox future unnecessary taxpayer’s dollars. 601 D Street NW, Suite 1200 Sincerely, Washington, DC 20530 MTC–00030879 H. N. Symonds Dear Ms. Hesse: Jan-04–02 03:31P cc I Ik-cc I Jk 972 503 2545 CEO Over the course of the next 30 days, you P.01 8304 Esters Blvd., Suite 880 o Irving, TX will receive comments from both aides of the CCLIK-Computer Certification Learning 75063 o Metro (972) 621–1111 . Fax (972) Microsoft settlement issue. Many will ask Institute of Knowledge 621-1616 that you continue efforts to dismantle or 972–934–2545 FAX o E-mail: ssymo [email protected] seriously disrupt Microsoft Corporation’s 972–503–2545 www.ccik.com advantage in the marketplace, I think that 3961 Beltline Road Addison, Texas 75001– MTC–00030881 would be a mistake. I have read an analysis 4306 OPPORTUNITY DOESN’T KNOCK Pintail Technologies, Inc. of the settlement and find that it seems to IT CCLIK’S A+, MCSE, CNE, CCNA January 7, 2002 answer most if not all of the questions raised December 27, 2001 Renata Hesse
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Trail Attorney TECHNOLOGY 6618358619 P.01 sheet Antitrust Division 3839 Stockdale Highway Phone: Date 1/7/2002 Department of Justice Phone (661) 831–3900 Re: Microsoft cc: 601 D Street NW, Suite 1200 Fax: (661) 835–8819 Urgent For Review Please Comment Please Washington, DC 20530 IVS COMPUTER TECHNOLOGY Reply Please Recycle The case against Microsoft has gone on too To: Attorney General John Ashcroft Comments: long, cost taxpayers too much money and From: Pamela Quattlebaum Dear Mr. Ashcroft, inflicted too much harm on the economy It Fax: l-202–307–1454 or Pages: 2 Please see the attached letter regarding the is time for this entire case to come to an end Phone. Microsoft Settlement. accepting the recently negotiated settlement. Date: 0l/07/2002 Thanks, The last thing country needs is government Re: Proposed Microsoft Settlement cc: Michael R. Faster run high-tech. I am. writing to ask that the Urgent For Review Please Comment Please President Department of Justice and the courts let the Reply Please Recycle Sent By: ccc; 408 776 3451; Jan-7–02 market continue to produce low-cost, high o Comments 5:47PM; Page 2/2 quality innovative produces. No one is forced JAN-07–2002 04:36 I IVS COMPUTER Coyote Creek to buy a contain brand. there are plenty of TECHNOLOGY Consulting choices. Let the consumer be the best judge 6618358619 P.02 January 7, 2002 of high-tech products—not the government 3839 Stockdale Highway Attorney General John Ashcroft, U.S. Sincerely, Bakersfield, California 93309 Department of Justice Jeff Bibbee (661) 588–2904 Fax: (661) 835–8639 950 Pennsylvania Avenue, NW CEO—President IVS Computer Technology Washlngton, DC 20530–0001 3700 GRANITE PKWY—SUITE 320 Partnerships That Provide Solutions Dear Mr. Ashcroft, PLANO, TX 75024 EMAIL: January 7, 2002 It is a better alternative to have this [email protected] Attorney General John Ashcroft Microsoft lawsuit settled than having it drag EMAIL: U.S. Justice Department on in the federal courts. Ultimately, I believe [email protected] 950 Pennsylvania Avenue, NW that any anticipated break-up of Microsoft PHONE: (972) 464–5830 FAX: (972)-464– Washington, DC 20530 anticipated by the federal prosecutors would 5835 Dear Mr. Ashcroft, have had serious repercussions on the One of my greatest concerns over this Information Technology business at large. At MTC–00030882 Microsoft lawsuit is that we—and all the very least, most would have to retool the 14645 Woodland Road Microsoft customers and partners—will lose way they had done business with Microsoft. Athens, AL 35613 a degree of technical support if this antitrust This would have distracted businesses from To: Mr. John Ashcroft Fax: l-202–307–1454 case is pursued. In our business, support is concentrating on servicing their client bases From: Mrs. Adair McCook very important. We serve the educational and expanding their businesses. In the IT Date: 01/03/02 community and deal with people who business, this distraction can have serious Re: Microsoft Settlement Page: 1 plus cover invariably do not have the computer consequences. cc: proficiency that any number of software Ultimately, I am no sure what benefit the Urgent For Review Please Comment Please engineers would have. In our 10 years in the terms of the settlement will have on most IT Reply Please Recycle industry we have realized the value of strong businesses. The hardware manufacturers and Confidential companies that over time have a successful the software publishers may benefit by virtue FROM: FAX NO.: 2562337505 Jan.07 2002 track record in innovative products and of the fact that the terms of the settlement are 04:10 PM P1 services. centered around either freeing up more of the 14645 Woodland Road It is therefore important for me—and my Windows code. or creating greater flexibility Athens, Alabama 35613 clients—to rely on the expertise of technical among the various OEMs as to pre-installing January 2, 2002 support among all our software solutions the Microsoft OS. Attorney General John Ashcroft providers. I am hoping that the recently In start the settlement is basically a good US Department of Justice negotiated settlement will be sufficient and thing and hopefully will be sustained 950 Pennsylvania Avenue, NW will be supported throughout this review throughout this review process. Thank you. Washington, DC 20530 process. After all, the settlement is realistic, Sincerely, Dear Mr. Ashcroft: and will benefit the software companies that Michael Faster The purpose of this letter is to show my we work with. They will be able to develop President support for the settlement that was reached more effective programs, since Microsoft has CC: Representative Zoe Lofgren between Microsoft and the Department of agreed to redesign Windows, and disclose its 50 Airport Parkway San Jose, CA 95110 Justice in November. The agreement has internal interfaces, which will help software Voice (408) 451–8410 Fax (408) 351–9525 teeth, It requires Microsoft to design future companies come up with creative programs Microsoft versions of Windows to make it easier to that offer more options and function better on GOLD CERTIFIED install non-Microsoft software and to disclose the Windows OS. Partner information about certain internal interfaces I am appreciative of having this MTC–00030885 in Windows. It also requires significant opportunity to voice my support of this changes in the way Microsoft develops settlement, and further hope that no further From: Robert Elmore licenses and markets its software, as well as federal action will be required. Thank you. To: Attorney General John Ashcroft new ways of working with independent Sincerely, Date: 1/7/2002 Time: 10:21:12 PM software vendors. This agreement changes Pamela Quattlebaum FACSIMILE COVER PAGE the software industry permanently. The Vice President Marketing and Business To: Attorney General John Ashcroft government’s settlement is more than fair. A TOTAL P. 02 From: Robert Elmore technical oversight will monitor Microsoft to Sent: l/7/2002 at 10:21:10 PM Pages: 2 MTC–00030884 ensure that it adheres to the settlement’s (including Cover) terms. For these reasons, I support the Sent By: ccc; 408 776 3451 Jan-7–02 5:47 PM; Subject: Microsoft Settlement settlement. PAGE 1/2 From: Robert Elmore Sincerely, Coyote Creek To: Attorney General John Ashcroft Adair McCook Consulting Date: 1/7/2002 Time: 1O:21:12 PM FROM: FAX NO.: 2562337505 Jan. 07 2002 50 Airport Parkway. San Jose CA 95110 5604 West Pages Lane 04:10 PM P2 Office:408–451–8410 Fax 408–351–9525 Louisville, Kentucky 40258 To: John Ashcroft January 7, 2002 MTC–00030883 From: Michael R. Faster Attorney General John Ashcroft JAN-07–2002 04:36 IVS COMPUTER Fax 202–307–1454 Pages: 2 including cover US Department of Justice
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950 Pennsylvania Avenue, NW 601 D Street NW, Suite 1200 Charles D. Wetherbee Washington, DC 20530 Washington, DC 20530 19 Farber Drive Dear Mr. Ashcroft: Dear Ms. Hesse: Chalfont, PA 18914–1472 I write to you in support of your settlement I am writing you about the Microsoft January 7, 2002 with Microsoft in the ongoing antitrust case. settlement. Attorney General John Ashcroft I am happy to see that you have all agreed I find that the Microsoft settlement goes US Department of Justice on a resolution after three long years and I beyond the issues upheld on appeal, which 950 Pennsylvania Avenue, NW hope that the other states can be brought into may result in questionable future outcomes Washington, DC 20530 line as soon as possible. to individual users, companies, and industry. Dear Mr. Ashcroft: Microsoft has done a lot for our economy I find it hard to comprehend having a As a concerned American citizen, I am and for the IT industry as a whole. I hope committee and the Court supervise the future writing to voice my displeasure regarding the now that it will be able to continue to do the of software design. The software industry, antitrust case between the Justice Department same after this settlement and I wish like many in our nation’s long history of and Microsoft Corporation. I believe that Microsoft well. The settlement thankfully did business successes, has-soared because of the Microsoft should not have had to endure not require it to break up, but it will, I think, free market system, entrepreneurial spirit, three years of litigation for alleged antitrust be enough to convince Microsoft’s and innovation, ‘‘Supervised’’ development violations. I support the products that competitors that it did not get off easy. could likely hinder this spirit and innovation Microsoft has developed and will continue to Thank you for hearing me out and taking in the future. Consumers have not been develop. my opinion into consideration. I support the harmed by Microsoft’s actions. To the Their products are of high quality and are settlement and hope to see it finalized soon. contrary, innovations by Microsoft have user friendly. It is in the best interests of the Sincerely, given us better products and lower prices. Justice Department to settle with Microsoft, Robert Elmore With 2002 comes reason for optimism as a and not continue with litigation against nation, after the horrors of September, and them. This case has been ongoing for there MTC–00030886 optimism for the economy. The Microsoft years. It is time for all parties to move onto JAN 08 2002 08:51 FR ENGINEERING/OSB settlement, while limited by the previously other matters. 321 867 2167 TO 82026169937 P. 01/01 mentioned factors, still may serve as an Furthermore, the settlement is both fair January 7, 2002 impetus to move forward as opposed to and reasonable to all parties. Microsoft will Attorney General John Ashcroft remain bogged down in lengthy court be making specific changes in response to the U.S. Department of Justice actions. We all need to get back to work. settlement. These changes include the 950 Pennsylvania Avenue, NW Yours truly, following: computer makers can replace Washington, DC 20530–0001 Diane Dodd-McCue access to Windows Media Player, Windows Dear Mr. Ashcroft, 8107 University Drive Richmond, VA Messenger, and Internet Explorer with access In November, the long-fought battle 23229 (804) 673–9723 E-Mail to non- Microsoft software. between Microsoft and the Justice [email protected] Sincerely, Department finally saw a resolution. It was Charles D. Wetherbee a resolution that was long overdue. Vast time MTC–00030889 cc: Senator Rick Santorum and resources were spent to reach this Jan-08–02 04:20A U. S. Postal Service—P1 Senator Arlen Specter resolution, and I see no need to continue 706 562 1786 P.01 4521 Hedingham Lane Rep. James Greenwood further litigation. Columbus, GA 31907 MTC–00030891 The provisions in the resolution were January 8, 2002 extensive and included items that were not Attorney General John Ashcroft Jan 07 02 08:04p Larry Goldrstein 215 even a factor in the original lawsuit. The U.S. Department of Justice 4894046 p.1 settlement also has some terms that are 950 Pennsylvania Avenue, NW Goldstein Educational Technologies unprecedented for this type of lawsuit. For Washington, DC 20530–0001 Mathematics and Technology in Higher example, the Microsoft settlement requires Dear Attorney General Ashcroft, Education Microsoft to provide to its competitors I am disappointed at the delays arising January 7, 2002 interface information about its own software. from more talk and less action about the Attorney General John Ashcroft To enhance market competition, there are Microsoft settlement. I cannot understand US Department of Justice terms in this settlement that restrict how a few special interest can manage to clog 950 Pennsylvania Avenue, NW Microsoft from entering into any agreements up the process indefinitely. To me, the Washington, DC 20530 with computer manufacturers that would settlement is demonstratively fair, and if Dear Mr. Ashcroft: stifle competition. This will mean that anything, it is unfairly casligatory is As a father of a Microsoft employee and an hardware makers can install other products, Microsoft. avid supporter of Microsoft products and keeping Microsoft responsive to the market Microsoft is already abiding by the terms, services, I am writing to express my support for more efficient products. and has been since November 16th, so I’m of the recent settlement in the antitrust case The November settlement is plenty good sure that we’ll get to see the influence of the between Microsoft and the US Department of enough, and I see no need to spend more settlement soon. This means that the even Justice. I had disagreed with the taxpayer money further litigating this suit. I though the settlement hasn’t been enacted, government’s interference and am glad that it urge you to leave the suit as is. The economy even while Microsoft’s competitors benefit will finally be over. From my knowledge of would benefit the most if this issue was from such measures as interest services and the concessions Microsoft has agreed to finally resolved. I thank you for your time licensing changes, they can still actively make, I see that they will be disclosing and am sure that you will do what is best for work to destroy Microsoft altogether in fits of Interfaces to competitors, licensing its all parties involved. jealousy. windows operating system products, Sincerely, It is (illegible) that this charade has gone increasing computer maker flexibility, and Michael Payne on long enough. The government must stop easing retaliations against computer makers. 3402 Caraway Street action at the federal level. Now what the These actions reflect a more than adequate Cocoa, FL 32926 proverbial cat is out of the bag, and Microsoft compromise and should be seen by is directly giving up its intellectual property, Microsoft’s opponents as indications of MTC–00030887 the company should be allowed to return to Microsoft’s desire to do whatever is l-07–2002 7:36PM FROM 000000000000 P. 1 business. necessary to facilitate technology growth and DIANE DODD-McCUE, D.B.A. Sincerely, aid a faltering American economy and January 2, 2OOl Jeffrey Gittings injured technology sector. Ms. Renata Hesse I look forward to Microsoft’s growth in the Trial Attorney MTC–00030890 future and feel confident its presence will Antitrust Division 01/08/2002 01:12 2158226040 WETHERBEE remain a powerful force for our economy and Department of Justice PAGE 01 a positive example for others to follow.
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Sincerely, against companies that distribute or promote settlement. What follows are my comments Dr. Larry Joel Goldstein products made by Microsoft’s competitors. It on this proposed agreement. President is for all these reasons and more that I I understand that the agreement specifies Goldstein Educational Technologies support the settlement and hope to see it that Microsoft would have to promptly cc: Senator Rick Santorum implemented soon. disclose technical information that enables 4 Bittersweet Dr. Doylestown, PA 18901 Sincerely, any Windows operating system to Phone (215)-489–4045 Edward S. Barba communicate with Microsoft servers and FAX (215)-489–4046 e-mail cc: Senator Rick Santorum with all Microsoft middleware products. To [email protected] encourage more non-Microsoft middleware, MTC–00030894 the settlement forces Microsoft to license any MTC–00030892 FROM : STARCOM FAX NO. :214 821–7137 intellectual property rights that others might Jan 07 02 06:07p JW 3602634403 p.1 Jan 05 2002 04:24PM P4 need to compete with Microsoft. And as with 31103 NW 18th Avenue Dallas computer manufacturers, Microsoft could not Ridgefield, Washington 98642 LNESC penalize any software developer, service January 3, 2002 National Educational provider, or hardware vender that develops Attorney General John Ashcroft Service Centers, Inc. or sells products that compete with Windows US Department of Justice 1527 W. Colorado Blvd. Dallas, TX 78208 and Microsoft middleware. The net result is 950 Pennsylvania Avenue, NW fax: (214)821–7137 that all information technology providers, Washington, DC 20530 Renat Hcsse including Microsoft’s competitors, are Dear Mr. Ashcroft: Trial Attorney guaranteed access to technical specifications. The settlement pending in the Microsoft Antitrust Division I would add that the antitrust laws were antitrust case currently represents the best Department of Justice meant to protect consumers, not for certain available solution to this case. It is time to 601 D Street NW, Suite 1200 powerful companies to protect themselves stop wasting resources on a battle that has Washington, DC 20530 from market competition. ProComp, AOL already been resolved. Dear Ms. Hesse: Time Warner, Sun and Oracle should stop Under the settlement, Microsoft has agreed The U.S. Department of Justice and nine encouraging the government to fight their to be watched closely by an oversight state attorneys general decided to settle the battles for them in court and tight in the committee that will make sure it complies Microsoft antitrust case. A recent survey marketplace, where this battle belongs. with all of the terms of the agreement. Some done by Americans for Technology Yours truly, of these terms include Microsoft designing Leadership, a broad-based coalition of Nancy M. Maupin future versions of Windows to provide a technol- ogy professionals, found that 70 TOTAL P.O1 mechanism to make it easy for computer percent of American consumers agreed with MTC–00030896 makers and software developers to promote that decision. Yet the pursuit of Microsoft non-Microsoft software within Windows, continues. It seems that a handful of FROM : STARCOM disclosing information about how Windows Microsoft’s competitors have pre- vailed FAX NO: :214 821–7137 works, and not retaliating against its upon the remaining nine state attorneys Jan. 05 2002 03:44PM P2 competitors’’ lawsuit. This will provide more general to reject any settlement—be it Starcom Consultants, Inc. choices for consumers, and stronger reasonable or not—and continue to chip Communications—Marketing—Government competition within the industry. The result away at Microsoft. Their eventual goal seems Relations will be beneficial to the IT industry. to be leveling the playing field by bringing January 4, 2002 I support this settlement and hope it is Microsoft down to their level. Renata Hesse Trail Attorney finalized in the very near future. If Microsoft’s competitors think this will Antitrust Division Sincerely, result in consumers rushing to buy their Department of Justice Joseph Walker products. maybe they should examine some 601 D. Street NW, Suite 1200 additional results from this survey. Of the Dear Ms. Hesse, MTC–00030893 1001 individuals contacted in early Despite all the hoopla over the From Edward S. Barba to l-202–307–1454 at November, 82 percent said that Microsofts announcement that the Microsoft case had l/7/2002 6:07 PM Pg 00l/0 competitors should compete by creating new been settled, it is my understanding that it 304 Franklin Avenue products rather than lobbying for the still has to be approved by a judge. I am Phoenixville, Pennsylvania 19460 government to stop Microsoft’s new writing as an avid user of Microsoft products January 7, 2002 products. American leads the world in and a supporter of the settlement. I oppose Attorney General John Ashcroft technological innovation thanks in large part the efforts of the nine state attorneys general US Department of Justice to Microsoft. Let’s not lose that advantage who want no part of the settlement preferring 950 Pennsylvania Avenue, NW because we’re afraid to let one corporation instead the complete dismantling of Washington, DC 20530 get too far ahead in the market place. I say, Microsoft. To his credit, Texas Attorney Dear Mr. Ashcroft: settle this case quickly and let’s get back to General John Cronyn wisely’’ declined to I am writing to support the antitrust what made America great—competition. drag our state into this technological settlement between Microsoft and the US Sincerely, boondoggle. In hindsight, Cornyn’s decision Department of Justice. The settlement was Renato De Los Santos Director could benefit Texas. reached after many long hours of negotiation, A quick look at the proposed settlement and represents the best viable solution to the MTC–00030895 should make Texans anxious to move antitrust dispute. I think it is a waste of l-07–2002 5:49PM FROM 000000000000 P.1 forward. The settlement avoids long g costly resources and time for any states to oppose JAN-02–2002 09:25 NANCY MILES MAUPIN litigation. It will restore healthy competition such a settlement and hope that Microsoft is 804 353 4496 P.01 to the technology industry which is growing allowed to focus on making a positive NANCY MILES MAUPIN rapidly in Texas. Terms of the settlement will contribution to the technology sector as soon 1514 PARK AVENUE allow computer manufacturers flexibility as possible without being harassed further by RICHMOND, VIRGINIA 23220 with desktop configurations, an politicians and lawmakers. December 31, 2001 unprecedented concession on proprietary Some may say that the settlement goes too Ms. Renata Hesse materials. But perhaps most important of all, easy on Microsoft. This is simply not the Antitrust Division the consumer will have access to Microsoft’s case. Microsoft will have to share Department of Justice innovative products with the option to information about internal interfaces within 601 D Street NW, Suite 1200 switch easily to other products. Windows, allowing the companies to tinker Washington, DC 20530 What more can you possibly ask for? This with Windows and install their own software Dear Ms. Hesse: settlement appears to be in everyone’s best on the operating system. Additionally, It is my understanding that the public is interest. It is time to accept it and move on. Microsoft will be prevented from retaliating allowed to comment on the Microsoft Sincerely,
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Jake Fuller Hector Flores decision to settle with Microsoft in regards to President Jake Fuller the antitrust lawsuit. I hope that no further 4314 North Central Expwy—Dallas, TX Alex Garcia litigation will be pursued in the future. I feel 75206 Guillermo Golindo that this settlement is fair and reasonable, (214) 821–7002—fax (214) 821–7137— Gilbert May considering it was arrived at after extensive email: [email protected] Gil Herrera negotiations with a court appointed Alex Jimenez mediator. While new government regulation MTC–00030897 Tom Lazo will be imposed on the IT sector, this FROM : STARCOM FAX NO. : 214 821–7137 Lena Lavario settlement will provide greater certainty Jan. 05 2002 04:23PM P2 Rene Martinez about the new rules and thereby ensure that LEAGUE OF UNITED LATIN AMERICAN Michael Manoya our industry can continue delivering CITIZEN Councilivo . Dallas, Texas Brenda Reyes advanced technology to the marketplace. January 4, 2002 Dr. Jim Rodriguez Microsoft will, for example, be required to Renata Hesse Jim Salinas share information about the internal Trial Attorney Richard Saminano workings of Windows with its competitors so Antitrust Division Gloria Torres they can more easily place their own Department of Justice MTC–00030898 software on Windows-based systems. 601 D Street NW, Suite 1200 With other pressing national priorities, it Washington, DC 20530 JAN-08–2002 10:09 P. 01/01 does not make any sense to spend scarce DOJ Dear Ms. Hesse: 1101 East First Street resources and taxpayer dollars on further Four years ago, the U.S. Department of Sanford, Florida 32771 litigation with Microsoft. As a participant in Justice and 18 state Attorneys General January 5, 2002 the software industry, I am well aware of brought suit against Microsoft claiming their Attorney General John Ashcroft Microsoft’s hyper-competitive, hard-nosed preeminence in the software market created US Department of Justice business tactics. If anything, Microsoft has an unfair advan tage over their competitors. 950 Pennsylvania Avenue, NW been guilty of being a super-competitor; its Washington, DC 20530 Now, after millions of wasted taxpayer market dominance is a direct result of strong Dear Mr. Ashcroft: dollars and countless attempts to halt the management talent, incredibly focused I want to take a moment to write that I technological advances of Microsoft, the business tenacity, and an enormous support the settlement that was reached Department of Justice and 9 attorneys general willingness to keep pouring money into its between Microsoft and the Justice have agreed to settle the case. So whats the products until it ‘‘gets them right’’ for its Department. I believe ending this litigation is hold up? customers. By contrast, a predatory super- in the best interest of consumers and the Could it be that Microsoft ‘‘s competitors monopolist attempts to minimize capital consumer industry. Although I did not are shaking in their corporate boots because spending and uses its market dominance to support commencing this litigation in the they have not kept up with the rapidly maintain or raise the prices of its products. moving technology market and are doing first place, it is time to move forward. The agreement incorporates many of the changes Microsoft’s behavior has never met the everything they can to bring Microsoft down Microsoft’s competitors desired. This definition of a monopolist —- adjusted for to their level by thwarting a settlement? It is includes granting computer makers broad inflation and major increases in useful ironic that Microsoft’s competitors are new rights to configure Windows so as to features that are embedded in Windows, the leveling charges of unfair market practices promote non-Microsoft software that compete price of Microsoft operating system software when it is they who are practicing the worst with programs included within Windows. has never been lower than it is right now! kind of anti-competitive tactics. Instead of I have been in the computer industry for Furthermore, Microsoft’s software has made using their money to create new innovative forty years and understand the importance of immeasurable contributions to the growth of products for the American consumer, they Microsoft and their products. The industry the U.S. economy over the past 15 years and are throwing millions of dollars into lobbying would still be extremely inefficient if not for made our country the undisputed world efforts to bring innovation to a halt until they the leadership of Microsoft. Freeing leader in computer technology. Punish have time to ‘‘catch-up’’. Microsoft to concentrate on bringing the Microsoft for that? You have to be kidding As a high-tech consumer, I find it latest technology to the market will continue me. It makes no sense. Thanks to you and disgusting that corporations who regularly making the computer industry a powerful your DOJ team for making the choice to oppose any type of government regulation by engine to our economy. settle—-in doing that you are truly protecting hiding behind the ‘‘free market’’ banner are Hopefully this settlement will be one of the the interests of our country’s consumers and suddenly calling for more government last steps in bringing this entire affair to a citizens. intervention I have a simple solution. Stop conclusion. Thank you for the opportunity to Sincerely, your whining. Get back to work producing have my voice heard. Lewis G. Larsen new and innovative products that consumers Sincerely, MTC–00030900 want to purchase. That’s what Microsoft has Bill Allen done. It seems to work for them. IT Administrator 01/08/2002 09:55 18173550882 GATTEN Sincerely, Seminole County Tax Collector PAGE 01 Joe R. Campos TOTAL P. 01 1108 El Camino Real Apt. 233 President Euless, Texas 76040 4314 N. Central Expressway—Dallas, TX MTC–00030899 January 7,2002 75206—fax(214) 821–7137—email: Jan-08–02 09:02A Attorney General John Ashcroft [email protected] Lewis Larsen 312–861–0831 p.01 US Department of Justice Members Lewis G. Larsen 950 Pennsylvania Avenue, NW Joe Alcantaz I75 North Harbor Drive, Suite #3205 Washington, DC 20530 Patricia Asip Chicago, IL 60601–7346 Dear Mr. Ashcroft: Michelle Bahadillo Tel: (312) 861–0115 Fax: (312) 861–0831 Last November finally saw the resolution Adelfa Callejo E-mail: [email protected] of the three-year long antitrust lawsuit filed Bill Callejo January 8, 2002 against Microsoft. Much time and many Joe Campos Attorney General John Ashcroft resources were spent to get to this final Roseanna Costillo US Department of Justice resolution, and I believe that no more needs Gil Chavez 950 Pennsylvania Avenue, NW to be spent. The resolution that was reached Frank Cortes Washington, DC 20530 in November is just fine the way it is. It Del Cruz Via Facsimile to 202–307–1454 includes provisions to protect the smaller Mary Devile Dear Mr. Ashcroft: software companies trying to compete with Ken Fleischer After years of litigation, I was pleased to the much larger Microsoft. It has provisions Steve Fleischer hear that the government has made the wise within it to keep the competition strong and
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healthy in the information technology Maumee, OH 43537 agreement to establish the Three-Person market. Some of these beneficial provisions January 8, 2002 Technical Committee that will monitor are as follows. Microsoft will now issue Attorney General John Ashcroft Microsoft’s compliance with the settlement unified pricing lists so that companies The Justice Department and will be expected to lodge a complaint entering into licensing contracts with 950 Pennsylvania Avenue should any part of the agreement be violated. Microsoft will all receive the same treatment. Washington, DC 20530 Microsoft has clearly been checked in all Microsoft has agreed to not include in any Dear Mr. Ashcroft: facets of this lawsuit, and thus further new contractual restrictions that would limit I am writing in support of the settlement litigation would be a waste of time and competitors’’ ability to promote software. reached with Microsoft two months ago. This money. The only beneficial solution for the This settlement even has a provision that settlement is fair and reasonable. I am public is the end of this settlement. would require Microsoft to disclose any relieved that this three- year- long dispute is Thank you for your time and consideration interface information to a software company resolved. on this lengthy matter. that would require such interfaces to work I am an instructor at a community college, Sincerely, with Windows. These extensive provisions and am very familiar with Microsoft Jack Sumlin are quite enough. products. Microsoft has provided simplicity MTC–00030904 As I said, enough time has already been and standardization to America’s computer spent resolving this issue. Therefore, I urge industry, and the company is the primary 01–08–2002 03:51PM FROM SAEED you to leave the current settlement in place reason that we set the standard in this field. FALLAH 203–431–3413 TO12023071454 with no substantial changes. I thank you for The settlement will allow for even more P.01 your time. standardization. It will obligate Microsoft to 32 Banks Hill Place Sincerely, disclose interoperability protocols to their Ridgefield, Connecticut 06877 Jerry Gatten competitors, so that non- Microsoft software January 8, 2002 will be more effective on a Windows Attorney General John Ashcroft MTC–00030901 platform, and hardware makers can install US Department of Justice LEKTRONIK DEVICES CO. non-Microsoft programs onto their computers 950 Pennsylvania Avenue, NW 1712 Poinciana Ln. before shipping them to dealers and Washington, DC 20530 Plano, Tx 75075 customers without fear of retaliation from Dear Mr. Ashcroft: 972–423–2028 Microsoft. Under the Tunney Act, the DOJ is required Fax: 972–423–6088 This settlement will strengthen our to accept comments on antitrust settlements January 8, 2002 economy by allowing Microsoft to devote its for a period of 60 days, and I am submitting Renata Hesse resources to creating its innovative software. my opinion. I support the settlement that was Trial Attorney Thank you for settling with Microsoft; keep reached last November between Microsoft Antitrust Division up the good work as Attorney General. and the Department of Justice. department of Justice Sincerely, The federal government should have never 601 D Street NW, suite 1200 Marek Moldawsky gotten involved with Microsoft in the first Washington, DC 205030 place, and I am glad to see that the issue is MTC–00030903 Dear Ms. Hesse: coming to an end. Microsoft actually had to Please do all that you can to get the Jan 08 02 04:25p AMS-JWS/NAPLES 941– concede more than they would have liked, responsible court to accept the Microsoft 593–1646 but with the best interests of the economy in agreement to settle the lawsuit brought by the JACK W. SUMLIN mind, they settled as soon as possible. Now Department of Justice. Our high-tech industry 2289 Arbour Walk Circle, Apt. 322 the company will share information about has suffered greatly, partly due to the Naples, FL 34109 the internal workings of Windows, and will millions of dollars spent on legal wrangling January 8, 2002 let its competitors install their own software over this suit that, in my opinion should not US DOJ, Attorney General John Ashcroft on Windows-based system. Let’s not forget have occurred. The suit was brought in part 950 Pennsylvania Avenue, NW that the whole economic downturn began by HP and Sun Microsystems who had Washington, DC 20530–0001 when the antitrust suit against Microsoft was developed systems using software that was Dear Mr. Ashcroft: launched. not user friendly; even engineers found it I am writing to show my support for I appreciate your time, and again, am going difficult to use. The simplicity of the ending the litigation, and enacting the on record that I support the Microsoft Microsoft software propelled their products Microsoft antitrust settlement, Having been a antitrust settlement. to the top of the market. very avid supporter of AT&T in the past, I Sincerely, The proposed settlement, as I understand strongly oppose further interference from the Saeed Fallah it, would require Microsoft to disclose government in this case. Like AT&T, TOTAL P.01 technical information to its competitors, Microsoft was an excellent company with an MTC–00030905 guarantee flexibility to computer even more impressive product. In AT&T’s manufacturers for desktop configuration, and case, Americans paid dearly for it, so it is 01/08/2002 14:34 513332655529 make it easier for consumers to switch to non important that we don’t allow Microsoft and CINCINNATI PAGE 01/02 -Microsoft software. This seems to me to be its customers to end up the same way. The ICX CORPORATION more than fair for any competitor who government has interfered in the software 11260 Chester Road Suite 305 believes success lies in the power of his/her industry long enough, and it is time for Chester Road ideas rather than through litigation. Microsoft to be done with this settlement so Cincinnati, OH 45246 Let’s bring this wasteful pursuit of that they can move forward with developing 513.326.5520—Voice Microsoft to an end, so that the money can new products. 513.326.5529—Fax be spent on innovation rather than litigation. Given the terms of the settlement, I am Fax Innovation helps our nation; litigation helps positive that these constraints and To: Atty Gen. John Ashcroft From: Gary only a few trial lawyers to the detriment of commitments will be sufficient to foster the Gross our nation. END IT NOW! software market back to fair competition. Fax: 20/307–1454 Yours truly, Microsoft has included in this agreement Phone: Bruce Leake grants to makers to configure Windows as to Re: promote non-Microsoft software programs Pages: 2 MTC–00030902 that compete with programs included within Date: JAN-07 02 15:28 FROM:MAREK R Windows. Microsoft has also agreed to share Cc: MOLDAWSY 4198910315 protocols native to the Windows’’ operating Urgent For Review TO: 202 353 8856 system in order to promote compatibility. Please Comment PAGE: 01 In addition, I hope the government and any Please Reply 662 Centerfield Drive disagreeing parties will be comforted by the Please Recycle
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See attached letter. It would appear to me that the best SYSTEMS 001 01/08/2002 14:34 513332655529 approach is to settle all remaining issues and INTERSIL CINCINNATI quickly remove the government from intersil PAGE 02/02 8290 interfering with the market. If this is not done KARL McCALLEY Farwick Court expeditiously, I fear the consumer will soon Vice President Cincinnati, OH 45249 pay the price for higher cost software, less Phone:(321)729–5709 January 3, 2002 efficient operating systems and increased Fax: (321)729–5605 Attorney General John Ashcroft incompatibility among competitors. True (321)729–1104 US Department of Justice competition in the market will allow Date: January 7,2002 950 Pennsylvania Avenue, NW continued innovation which in turn will To: Attorney General John Ashcroft Washington, DC 20530 mean increased efficiency and lower costs. Fax: (202)307–1454 Dear Mr. Ashcroft: After reviewing terms of the Microsoft From: Karl McCalley As the stipulations of the Tunney Act settlement, I have come to the position that Phone: (321)724–7386 mandate, I am writing to express my it is in the best interest of our nation’s Number of pages to be sent including cover unwavering backing for the antitrust technology industry and consumer s to page Two (2) Comments: settlement against Microsoft. The settlement accept the negotiated terms and get on with 01/08/2002 TUE 14:00 FAX 3217295605 is eminently fair, and there should not be any business of real competition. SYSTEMS 002 reason as to why the government should Sincerely, intersil Karl McCalley pursue any further action against Microsoft. David B. McReynolds, M.D. Vice President, IT I am therefore going on record as supporting 2401 Palm Bay Road the settlement. MTC–00030907 MS-53–225 The proposed agreement requires Jan 08 02 12:53p 00000000 p.1 Palm Bay, FL 32905 significant changes in the way Microsoft AMISTAD TEXAS LLC January 5,2002 develops and licenses its software. The Fax Attorney General, John Ashcroft settlement requires the uniform allocation of To: Renata Hesse US Department of Justice 950 licensing agreements to the top twenty From: Reinaldo Rosas Pennsylvania Avenue, NW computer manufacturers, and is charged with Washington, DC 20530 Fax: (202)616–9937 Pages: 2 redesigning Microsoft Windows XP to be Dear Mr, Ashcroft: Re: Microsoft Settlement Cc: more accommodating to non-Microsoft Like most consumers of technology 204 W. Central Av. o Fort Worth TX 76106 products. While new government regulation products, I was happy to learn that Microsoft o 817.705.1018 o will be imposed on the IT sector, this and the Department of Justice have finally [email protected] settlement will provide certainty about the come to a settlement agreement that can Jan 08 02 12:53p 00000000 p.2 new rules and thereby ensure that our forever end the antitrust lawsuit at the AMISTAD TEXAS LLC industry can continue delivering advanced federal level. The premise that Microsoft January 4, 2002 technology to the marketplace. exercised monopoly power was flawed from Renata Hesse I fully support the settlement that was the start. In a monopoly environment, the reached between Microsoft and the Trial Attorney consumer is hurt. In the IT industry, the Department of Justice. Thank you for your Antitrust Division consumer only benefited from Microsoft’s time, and I appreciate this comment Department of Justice size and large market share. Microsoft’s opportunity. 601 D Street NW, Suite 1200 competitors, not their consumers, were hurt. Sincerely, Washington, DC 20530 In any other industry, what Microsoft did Gary Gross Dear Ms. Hesse: Microsoft just released its would be called savvy business practices, not new XP operating system. If some a monopoly. MTC–00030906 competitors had their way, this new In the end, the government’s involvement an 08 02 12:58p (817b 927 1605 p.1 innovative product would have been tied up in the affairs of Microsoft will hurt David B. McReynolds, M.D. in federal court and never released. It is consumers of technology products. Microsoft 1500 S. Main Street, Fort Worth, Texas 76104 really unfortunate that the United States has already been hurt enough by having to (817) 927–1171 government, and one or two envious share information about the internal Fax competitors, are plotting to stifle innovation interfaces in Windows and not being able to TO: Renata Hesse within the high-tech industry. When new react when a company promotes non- Trial Attorney products are placed on the market, Microsoft products. I support the settlement Antitrust Division consumers will be the ultimate beneficiaries that is currently on the table. The IT industry Department of Justice as they gain greater access to new and and the American people deserve an end to FAX: (202) 616–9937 emerging technology. Consumers always win this lawsuit. FROM: David B. McReynolds, M.D. when they are given innovative products that Sincerely, PHONE: (817) 927–1171 give them more choices and more control of Karl McCalley an 08 02 12:58p (817) 927 1605 p.2 their computing experience. Settling the Vice President David B. McReynolds, M.D. Microsoft case will force technology lntersil Corp. 1500 S. Main Street, Fort Worth, Texas 76104 companies to get back to work and create (817) 927–1171 new and innovative products that will MTC–00030909 December 27,200l compete for a share of the market. If the From: Richard Rubin Renata Hesse negotiated terms of the settlement are not To: Renata B. Hesse Date: 18/2002 Time: Trial Attorney accepted, the result will be millions of 10:03:50 AM Page 1/2 Antitrust Division industry and taxpayer dollars being directed FACSIMILE COVER PAGE Department of Justice toward litigation instead of innovation. This To: Renata B. Hesse 601 D Street NW, Suite 1200 will only serve to diminish the superior Sent: 1/8/2002 at 10:03:48 AM Washington, DC 20530 quality of American technology. From : Richard Rubin Dear Ms. Hesse: It is time to settle all remaining issues Pages : 2 (including Cover) I am writing to express my concern that the before any more harm is done to the industry. Subject : Microsoft penalty: one users government is trying to take too big a role in Sincerely, experiences the technology industry. For the past several Reinaldo Rosas, From: Richard Rubin To: Renata B. Hesse years, the Department of Justice and some President 204 W. Central Av. * Fort Worth Date: 1/8/2002 Time: 10:03:50 AM Page state Attorneys General have tried to prove TX 76106 * 817.706.1018 * 2 of 2 that Microsoft was a monopoly. In the [email protected] One captive users comments re:Microsoft process, they have cast a pall over the entire (Sent to Microsoft) industry with the specter of government MTC–00030908 ONCE AGAIN I must purchase the regulation. 01/08/2002 TUE 13:59 FAX 3217295605 OVERPRICED Full Install of a Microsoft
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Windows product (XP) because my previous effect, there would most certainly have been government micromanages this market, but I OEM install of Windows (Me, with ‘‘free wide-ranging disruption in both services and can envision having my high-tech needs upgrade to Xp’’ offered by Compaq, but never support. Additionally, even before any serviced by the same attitude that serves me received) has DEGRADED, despite my breakup, there would have been a serious at the driver license bureau! Please consider cautious grooming and care, to become a depression in software and services sold as the small businessperson’s position as you go WORLD OF MALFUNCTIONS and most people would have adopted a ‘‘wait- forward. Our survival hinges on our ability CRASHES. and-see’’ attitude. to serve our customers effectively. Micorsoft To ‘‘Upgrade’’, even ‘‘for free’’ would be to All this, however, is both speculative and has pionerred the products and tools that import your broken soft-machinery from the unnecessary, now that this settlement has allow us to provide the highest quality past. And the corporate claim is, once again been reached. The settlement will benefit service today and I believe in the future. that Xp is more stable than YOUR OWN OLD consumers with its many provisions Sincerely, PRODUCT, which therefore, I infer, had a concerning Microsoft’s relinquishing of Paul K. Haubrich stability problem? And you have strong- intellectual property to competitors and the President armed your Compaq OEM contract to provide government. It will mean that hardware PKHl/ict no relief on your DEFECTIVE PRODUCT. makers will be able to install non-Microsoft DiCom Financial Corporation . Little-Me will let my thoughts be known to software more conveniently on computers 2204 St. Andrews Court. appropriate ears in the penalty decisions with a Windows OS, and furthemore, they McKinney, Texas 75070 pending for your creative, but overaggressive can do so with impunity, knowing that Phone: 972 578 0118. and undergenerous corporation. Microsoft is forbidden to coerce them to do Fax 972 562 9931. Richard Rubin otherwise. E-mail: DiComFinancial.com 10407 McClemont Ave I am hoping that this settlement prevails MTC–00030912 Tujunga, CA 91042 through the review process. As it is now, the 818–951–0255 entire IT business, along with the rest of the Toon & Associates [email protected] country’s economy, is experiencing slower 1727 Carllsie growth. I would expect that, at least insofar Irving, TX 75052 MTC–00030910 as the IT industry is concerned, once this January 7, 2002 Renata Hesse The Computer Department, Inc. settlement is affirmed, these doubts will be Trial Attorney 510 East Allen Street Phone: (217) 788–8234 banished and hopefully the IT business Antitrust Division Springfield, IL 62703 Fax: (227) 788–8121 community will recover to once again lead Department of Justice tcdinfo@computer-dept .com our country’s economy out of this recession. 601 D Street NW, Suite 1200 http://www.computer-dept.com I am appreciative of this opportunity to Washington, DC 20530 fax express my opinion in this way. Thank you. Dear Madam: facsimile Sincerely, I am writing this letter in support of the To: ‘Mr. John Ashcroft’ Ed Russell Company: Microsoft settlement. It is my opinion that to President continue the vast resources of Microsoft will Fax Number: +1 (202) 616–9937 610 East Allen—Springfield, IL 67763—P# benefit no one except a handful of envious Business Phone: 217–788-TCDI (8234)—Fx 217–788–8121— competitors. Ending the case will benefit the From: Ed Russell www.computer-dept.com American consumer. Doesn’t it make more Fax Number: +1 (217) 788–8121 sense to put the vast resources of Microsoft Business Phone: MTC–00030911 to productive use rather than mete out Home Phone: Sent By: DICOM Financial, 972 562 9931 punishment that will at best force the Pages: 2 Jan-8–02 10:08AM; Page 1/1 company to offer rebates to software Date/Time: 1/8/02 11:23:34 AM DiCom purchasers? Subject: Providing Solutions Since 1969 I for one would rather see Texas high tech CONFIDENTIALITY NOTICE Renata Hesse, Trial Attorney Antitrust Div industry continue to have access to The documents accompanying this Deparment of Justice innovative products produced by telecopy transmission contain 601 D Street NW, Suite 1200 corporations like Microsoft than to have CONFIDENTIAL information belonging to Washington, DC 20530 innovation quashed by greedy competitors the sender. This information is intended only Re: Microsoft Settlement and taxpayer funded lawsuits. They act like for the use of the individual or entity named Ms.Hesse we have limited resources in this country. I below. If you are not the intended recipient, Our company uses Microsoft software implore you to convince the Court to accept you are hereby notified that any disclosure, products on all of our computing systems. the terms of the settlement and let Microsoft copying, distribution or the taking of action These systems allow our small business to begin implementing the full terms of this in reliance upon the documents of this serve our customers with the same high historic agreement. telecopied information is strictly prohibited. quality and efficiency offered by much larger Sincerely, If you have received this telecopy in error, competitors in our marketplace. Microsoft David Douglas Toon, Esquire please immediately notify us by telephone to products enable our employees to do their arrange for the return of the original tasks with inexpensive and highly reliable MTC–00030913 documents to us. tools, once only available at tremendous Jan 07 02 (illegible) Sterling Commerce BSD The Computer Department, Inc. costs through specialized programming 972 716 3201 P.01 Programming Networks Systems Consulting experts. William W. Hymes Internet Help I wholeheartedly believe In the old saying President January 7,2002 ‘‘build a better mousetrap and the world will January 7, 2002 John Ashcroft, Attorney General, U.S. beat a path to your door’’. (Microsoft has Renata Hesse Department of Justice done just, that and should not be penalized Trial Attorney 950 Pennsylvania Avenue NW, Washington, by the government, but judged In the free Antitrust Division DC 20530–0001 narktplace where they will succeed or fail on Department of Justice Dear Mr. Ashcroft: their merit and practices—supported or not 601 D Street NW, Suite 1200 There is no real, clear consensus among by their customers. Antitrust laws are Washington, DC 20530 those in the IT industry as to what impact designed to protect consumers, yet at no time Dear Ms. Hesse: would there have been had this lawsuit has the government shown that any Let’s finalize the Microsoft settlement as against Microsoft proceeded to the end. It consumer were hurt by Microsoft’s size or proposed. I am opposed to the government would have taken years for the full effect of marketing. It is time to put an end to this ‘‘pursuing extensive remedies’’ after finally the lawsuit ‘‘remedies’’ to have been felt, but costly and competitor-driven lawsuit. I agreeing to a settlement. The government this much is immediately clear: As soon as cannot imagine what the effect on American should find other things to do besides trying any breakup of Microsoft would have taken technology would be if the federal to destroy Microsoft.
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Sincerely, million Microsoft software purchasers? I ask Dear Mr. Ashcroft, William W. Hymes the Court to dismiss the remaining lawsuits I am writing you to explain my defene of President, Banking Systems Division and clear the way for the full acceptance of the Microsoft settlement. It is more than Sterling Commerce (Northern America), the proposed settlement. It is time to move adequate, and I wish to be on record as Inc. on. believing such. Years of litigation and 15301 Dallas Parkway, Suite 400, Addison, Sincerely, millions of dollars in court-related costs have Texas 75001–4687 Personnel sufficiently chastised the corporation and the Decisions proposed settlement agreement will more MTC–00030914 International than adequately right the supposed wrongs of JAN–08–02 TUE 12:05 P–01 Ann Johnston Mr. Gates and company. The settlement will 8024 SE Double Tree Drive Client Relations Representative force Microsoft to open itself and its systems Hobe Sound, Florida 33455 Suite 1700, LB 142 up to access by its competiton. It establish, January 7, 2002 600 East Las Celinas Boulevard as you know, an oversight committee to Attorney General John Ashcroft Irving, Texas 73639 assure the company does not foreswear its US Department of Justice Direct 972 407 8130 obligations It will no doubt open up the 950 Pennsylvania Avenue, NW Phone 972 407 3190 industry to more marketplace competition to Washington, DC 20530 Fax 972 407 3193 the benefit of consumer and the entire Dear Mr. Ashcroft: www.personnelvisions.com industry. Why then would anybody not I am writing you today to voice my opinion support it? in regards to the settlement that was reached MTC–00030916 With a declining economy, thousands of in November between Microsoft and the 01/08/2002 02:46 8647180602 KATHLEEN industry jobs lost and more in jeopardy, the federal government. I feel this settlement is KOJIS PAGE 01 country does not need to further constrain a fair and reasonable, and I am relieved that January 7, 2002 vital corporation like Microsoft. I fully this issue has been resolved. Attorney General John Ashcroft support the settlement. Thank you for you Microsoft has contributed an enormous US Department of Justice time and hard work on this isuue. amount to the technology sector and the 950 Pennsylvania Avenue NW Sincerely, economy. At the present time when our Washington, DC 20530–0001 Bill Schoenherr economy is struggling, it would be in the best Dear Mr. Ashcroft, interest of the public to end this case While I am not happy that the federal MTC–00030919 permanently and stop restricting Microsoft. government took three years to sue Microsoft FROM : GPR FLORIDA PHONE NO. : 305 936 The settlement punishes Microsoft enough, in court, I am happy to see that the Attorney 1401 Jan. 08 2002 1l:l5AM P1 requiring the company to share key General has put an end to the case with a Gerald Rosenberg information about how Windows works and strong and binding agreement. I 3530 Mystic Pointe Drive, # 2115 forcing it to agree to non-retaliation clauses wholeheartedly applaud this decision. Aventura, FL 33180–4541 against companies that promote non- Since a settlement was finally reached after January 7, 2002 Microsoft products. These restrictions are three years of protracted and extremely costly Attorney General John Ashcroft more than enough. court battles, it should be accepted and US Department of Justice This settlement will benefit the economy finalized as soon as possible. The agreement 950 Pennsylvania Avenue, NW and consumers. This settlement needs to be requires Microsoft to make its protocols and Washington, DC 20530–0001 finalized. I wholeheartedly support it. access mechanisms available to competitors; Dear Mr. Ashcroft: Sincerely, these are the protocols used in Windows’ I am writing you to voice my opinion in Samuel H. Hochman operating system products, and the regards to the Microsoft settlement issue. I mechanisms are used to encourage non- support the settlement that was reached on MTC–00030915 Microsoft products. The company also agreed November 6th. I feel that this settlement is January 4, 2002 not to retaliate against software or hardware fair and reasonable, and I am relieved that Renata Hesse developers who develop or promote software this issue is resolved. Trial Attorney that competes with Windows or that runs on Due to this settlement, Microsoft has Antitrust Division software that competes with Windows. pledged to share more information with other Department of Justice Microsoft’s tremendous contribution to the information tech companies, Microsoft will 601 D Street NW, Suite 1200 United States’ economy, and that of the follow procedures to make it easier to install Washington, DC 20530 entire world for that matter, goes without non-Microsoft software and will disclose Dear Ms. Hesse: saying and requires no elaboration. Not only information about software codes in order to I have just become aware of the terms of will the settlement help our economy escape do this, and a Technical Committee (TC) will the proposed Microsoft settlement. It is clear from its current slump, but it will also give enforce the provisions at Microsoft’s expense. to me that most, if not all, competitor Microsoft’s competition a hand up. This is This settlement will make it easier to complaints have been addressed and why the federal government should not compete with Microsoft. I have been a user resolved. Microsoft is willing to give up pursue any litigation beyond this agreement. of Windows since the inception. From a proprietary information on their operating The company should now be left alone once personal standpoint, I want to say that no system, allow computer manufactures and for all. supplier of software to the computer gives discretion over desktop configuration, and Sincerely, better support to their customers. If you read make it easier for consumers to remove or Fred Kojis the on line responses from users around the switch Microsoft products for competitor 35 Lighthouse Way country you would see that the vast majority software. These are tremendous concessions Salem, SC 29676 of negative comment about Microsoft only to their competitors and valuable offers to the cc: Senator Strom Thurmond comes from their competition. Any one that general consumer! Why would anyone balk Representative Lindsey Graham offers a better program will capture the at this sort of proposal from one of our market. Let me enjoy my computer in peace nation’s premier high-tech companies? MTC–00030917 and let Microsoft be there for me and others.. A recent news story cited a plantiffs’’ January 8, 2002 Sincerely, attorney as saying that if the settlement is 10:55 PM rejected and the lawsuit if pushed forward, From: Bill Schoenherr MTC–00030920 the most anyone will benefit from the Fax #: (330) 425–9223 Page 1 of 1 JAN–08–02 11:29 PM Waters Office 610 469 judgment would be $10. Who in their right January 8, 2002 0699 P.01 mind would trade these unprecedented offers Attorney General John Ashcroft Alice H. Waters and S. Collar Waters for ten bucks? Doesn’t it make more sense to U.S. Department of Justice 1320 Warwick Furnace Road make Microsoft’s money work for us rather 950 Pennsylvania Ave, NW Pottstown, PA 19465 than offer a token rebate to the estimated 65 Washington, DC 20530 January 5, 2002
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Attorney General John Ashcroft desire for justice? Bill Gates has carried the to both the American economy and the US Department of Justice technological explosion on his shoulders for technology industry. The settlement that has 950 Pennsylvania Avenue, NW far too long. Those questioning this decision been reached in this case must be upheld, Washington, DC 20530 wish only to drag him and Microsoft down. and I am writing to go on record as Dear Mr. Ashcroft: Do not give in to such pettiness. I urge you supporting the settlement. I am writing to express my dismay over the to finalize this settlement. Frankly, this case is mind-boggling; I do government’s crackdown on Microsoft and Sincerely, not understand the rationale behind this suit. state my relief in the settlement that was Gertrude Gross In my option, Microsoft has never done reached in November. anything to harm its consumers. Microsoft’s At a time when a substantial amount of MTC–00030922 competitors have brought this case, not commerce and industry has been lost lo Jan 08 02 1l:l5a Computer Zone 712–362– consumers. Indeed, all of the consumers that overseas venues, Microsoft is a hugely 5532 p.1 I have spoken with love what Microsoft successful US company in which the country COMPUTER ZONE stands for, it is honorable in its business should take pride, not attempt to crush it. January 7, 2002 endeavors, and has an incredible outreach In particular, it occurs to me that Microsoft Attorney Gerneral John Ashcroft program in the community. This company is has achleved this success in a competitive, The U.S. Department of Justice being penalized for being successful, and this but honorable manner. Unlike certain other 950 Pennsylvania Avenue, NW suit flies in the face of everything that we highly profitable US firms, Microsoft has not Washington, DC 20530–0001 believe as Americans. The settlement will made its profit on the backs of underpaid and Dear Mr. Ashcroft: give the government oversight of Microsoft’s marginally legal labor nor has it poisoned the It is my opinion that it is monumentally business dealings, and ensure that Microsoft environment or gouged the sick and elderly absurd for our government to try itsits dead avoids unfair retaliatory measures against to make its profit. level best to shut down one of our country’s companies that engage in competition against Isn’t it about time that we, as a county, most successfuI companies. Everyone seems Microsoft. reward this US success story instead of those to have an opinion as to whether they think I think that the government should be who would manipulate the legal system to that Microsoft is too big, or too bureaucratic, spending the taxpayers’’ money helping generate windfall profits for themselves and or too unresponsive. But these are all Americans rather than wasting it in the state governments. complaints that would have probably ironed unwarranted pursuit of this case. I support The US should be proud of Microsoft and thcmselves out as Microsoft. found that its this settlement. support its growth, I look forward to the marketlplace was becoming more Sincerely, continued success of Microsoft both as a user competitive. What this really boils down to Victor Bendersky and fan of US technological growth. is that a handful of Microsoft’s fiercest Very truly yours, competitors convinced an unsympathetic MTC–00030924 Alice Waters government to punish Microsoft for its Jan 08 02 12:56p 0107020 p.1 CC: Senator Rick Santorum successes, utilizing arcane laws and Fernando Garcia, M.D., P.A. overzealous government lawyers to attempt December 27, 200l MTC–00030921 what amounts to a government takeover of an Renata Hesse 2100 Indian Creek Blvd East, Apt. A–119 independent, private business. Thankfully, Trial Attorney Vero Beach, Florida 32966 this folly has been ended by a proposed Antitrust Division January 7, 2002 settlement, which appears more than fair for Department of Justice Attorney General John Ashcroft Microsoft’s competitors. They should take it 601 D Street NW, Suite 1200 US Department of Justice and be grateful. The settlement gives Washington, DC 20530 950 Pennsylvania Avenue, NW computer makers and vendors the Sent via fax to (202) 616–9937 Washington, DC 20530 opportunity to preinstall non-microsoft Dear Ms. Hesse: Dear Mr. Ashcroft: software on Windows without fear of reprisal Please accept this letter as my comment in We are now in a new year, one that, I from Microsoft, and the company will support of the proposed Microsoft settlement. know, all of us wish to be one of peace and redesign Windows so that non-microsoft The government recently came out and said forward progress. We are progressing in our products can be installed easier well. I am that they plan to pursue extensive remedies quest to end terrorism but now, I think, we hoping that this settlement marks the end of against Microsoft for its illegal ‘‘monopoly need to re-establish our economic footing. hostilities between our government and the maintenance’’ activities. In my opinion, this Microsoft and the Department of Justice American business community. could only mean that the consumer will be recently ended the three-year long antitrust Sincerely, asked to pay higher prices, accept poorer case brought by the Department of Justice. Tom Lynch quality and be deprived of innovations. My sentiments on the correctness of this suit President/owner It is time to drop the government’s quest are not relevant; suffice it to say, I am glad 622 Central Avenue— to destroy Microsoft. The Department of it is over. I believe the settlement, while not Estherville, Iowa 613342241 Justice recently said they could find no harm easy for Microsoft, was fair. Microsoft 712–362–7808 o 888–527–1106. done to the consumer by Microsoft’s acquiesced to demands that were not even at FAX: 712–362–5532 practices. Now, there is talk of pursuing issue in the suit. It is time to move on. 1609 18th Street— ‘‘extensive remedies’’ which could only Which is why I am writing to you now. I Spirit Lake, Iowa 51360–1023 mean more government regulation of the am urging you, as an American anxious to get 712–336–3030 o 888–891–3359 o high-tech sector. this country going again, to let stand the FAX: 712–336–3131 Consumers are hungry for new technology. settlement reached by Microsoft and the The last thing we need to do is bring more Department of Justice. To nitpick every little MTC–00030923 action against companies that are developing thing in this settlement is very counter- 01/08/2002 14:28 FAX cutting-edge products. This whole thing productive. There has already been 001 4177 Eastway Road, Cleveland, OH smacks of competitor envy. These industry established a ‘‘Technical Committee’’ that 44121 complainers need to begin determining what will monitor Microsoft’s compliance. January 8, 2002 the consumer wants, not preventing the Additionally, any third party may lodge a John Ashcroft, Attorney General consumer from getting what they need. complaint with an Internal Compliance U.S. Department of Justice Sincerely, Officer at Microsoft, or the Department of 950 Pennsylvania Avenue, NW Fernando Garcia. M.D., PA P.O. Justice, if they believe Microsoft is not Washington, DC 20530–0001 Box 2373 Fort Worth, TX 76133 (817) 927 complying with any provision of the Dear Mr. Ashcroft, 0003 settlement. I am extremely disturbed when I see all of What more can be asked? Are to cave in the time and money that has been spent in MTC–00030925 to every demand by those whose only desire gratuitous pursuits like the Microsoft FROM : is to cripple Microsoft, not by any innate antitrust lawsuit. This suit has been injurious FAX NO. :
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Jan. 08 2002 01:10PM Pl agreed to disclose information about certain government and Microsoft. I genuinely hope 24 Cambridge Road internal interfaces in Windows, and to design that no further action is being considered at Freehold, New Jersey 07728 future versions of Windows for easier the federal level. Taking into account the January 7, 2002 installation of non-Microsoft software, this terms of the agreement, Microsoft has agreed Attorney General John Ashcroft settlement ensures that the technology to document and disclose for use by its US Department of Justice Industry—including other software competitors various interfaces that are 950 Pennsylvania Avenue, NW companies—can move forward. internal to Windows’’ operating system Washington, DC 20530 During this time of recession, we cannot products. This is a first in an antitrust Dear Mr. Ashcroft: afford any delays in economic advancement. settlement. Microsoft has also agreed to make I am writing this letter today so that I may At the same time, we cannot allow our scarce available to its competitors, on reasonable be able to go on record and give my support resources to be spent on delaying a case that and non-discriminatory terms, any protocols to the settlement that was reached between has already been settled, It is time to let used by Windows’’ operating system Microsoft and the Department of Justice. It things move forward and let the years of products when they interact with programs had been a long time coming, but both sides extensive negotiations speak for themselves. of non-Microsoft origin. With the many terms finally agreed to terms, which would end the This country’s technology industry has been of the agreement, I feel that pursuing any three-year antitrust lawsuit. I can remember delayed long enough and is ready to advance further litigation would be a waste of time the days before Microsoft came out with the as a team. I strongly urge that we do not and money. Windows operating system, and computing allow for any more delays. Sincerely, was a debacle. Now, computers all over the Sincerely, Heather M. Forte globe can communicate with one another, Michael Levy and Microsoft is responsible. If it hadn’t been Vice President MTC–00030929 for Microsoft, there is a great chance that I MTC–00030927 01/08/2002 28:18 7176567794 JP PAGE would not be able to send this letter out as 01 easily as I have. JAN-08–02 To: Department of Justice I fully support the settlement between TUE 05:29 PM Reference: Tunney Act Comments— Microsoft and the Department of Justice, and R0LAC C0NTRACTING INC Microsoft Settlement FAX NO. 7018396581 P. 01/01 hope to see it finalized and implemented January 8, 2002 Ronald R. LaCount soon. With respect to the Microsoft antitrust P.O. Box 1872 Sincerely, settlement, I believe that the idea that the Minot, North Dakota 587O2 Cosmo Lamacchia consumer has suffered is a false premise. I January 7, 2002 consider myself a consumer having used a MTC–00030926 Attorney General John Ashcroft computer at work and at home. HP US Department of Justice I purchased my first IBM computer at To: U.S. Department of Justice 950 Pennsylvania Avenue, NW home and used the IBM computers at work. Fax: 202.616.9937 Washington, DC 20530 My initial computer had two floppies drives Dear Mr. Ashcroft: Attention: Attorney General John ashcroft with limited data storage, no memory I want to go on record to express my From: Michael Levy manager, no graphics, no modem and poor satisfaction with the settlement that ends the Date: January 8, 2002 software uniformity. antitrust lawsuit between the Department of Re: Microsoft Settlement I used several software programs at work Justice and the Microsoft Corporation. I feel Pages: 2 such as MultiMate, Display Writer, Word that the settlement goes a little further in fax memo Perfect and Lotus 1 2 3. Each of our company placing restrictions on Microsoft than it Michael Levy plants had their own favorite software and should have, but all in all, I am happy with Vice President communication and exchange of data and the results. Healer Products, Inc. reports were difficult. Microsoft did not get off easy. The 120 South Columbus Avenue settlement was arrived at after extensive Our company was purchased by a foreign Mt. Vernon, NY 10553 negotiations with a court-appointed company and the new owner had a policy of Phone: 800.223.5795 mediator. Microsoft agreed to terms that using Microsoft software programs within the Fax: 888.289.5162 extend well beyond the products and company. The hodgepodge of software E-Mail: [email protected] procedures that were actually at issue in the programs and poor communications ended. January 8, 2002 suit, sharing software information and Standardization made our company more HP accepting government oversight, for example. efficient and more profitable. For this Healer Products, Inc. This was done just to get all or the litigation improvement the DOJ must punish Microsoft 120 South Columbus Avenue over with, and now allows Micorsoft to for making our company successful. Mount Vernon, NY 10553 divert all of their resources to producing I have retired and I find that my pension Voice: innovative products and improving the plan is under attack by the DOJ and several 800.2235765 economy. states seeking additional punishment of Fax: The settlement is good for all parties Microsoft. The decline of the value of 888.289.5162 involved. Thank you. Microsoft stock and the computer related Email: Sincerely industries can be traced to the DOJ finding [email protected] Ronald Lacount that Microsoft is a monopoly. To this date my Internet: cc: Senator Byron Dorgan pension plan has not recovered because of http://www.healerprod.com the continuing legal cloud over Microsoft and Attorney General John Ashcroft MTC–00030928 the threat of the government controls over the U.S. Department of Justice 01/08/2002 15:53 9416246954 computer industry. 950 Pennsylvania Ave, NW AMERICAN EXPRESS PAGE 01 In the meantime there are many Washington, DC 20530 Heather M. Forte monopolies in the United States that are Dear Attorney General Ashcroft, 812 Tamiami Trail #3 more harmful to consumers when compared As a concerned businessman, I am writing Port Charlotte, Florida 33953 to Microsoft. to express my opinion towards the recent January 8, 2002 The postal service, ground transportation Microsoft settlement. I have supported this Attorney General John Ashcroft at airports, teacher unions and civil servant settlement in the past, and it concerns me to US Department of Justice are harmful to consumers because of poor see that its execution is being further 950 Pennsylvania Avenue, NW service end costs. These monopolies do not delayed. Washington, DC 20530 promote efficiency, reduce costs or compete As I have followed the progress of this Dear Mr. Ashcroft: globally. settlement, it seems that all parties involve I am writing to express my support of the Microsoft made standardization efficient, benefit from its terms. Because Microsoft has recent settlement between the federal profitable and created the Internet.
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I read in the paper that the DOJ cost for deteriorated business; I am convinced that Re: Microsoft Settlement Comment CC: pursuing the Microsoft litigation is over 30 putting the Microsoft case behind us will Urgent For Review Please Comment Please million dollars. I have no idea how much allow full attention to be devoted to the Reply Please Recycle . Comments: money was used by the states. All the dollars business at hand. The attached letter expresses my used were from taxpayers. Are not the My business has prospered under technical opposition to the currently proposed DOJ taxpayers in the real world consumers? leadership and unification of standards settlement in the Microsoft anti-trust case. Please reach a settlement that will allow provided by Microsoft. Let us get on with 01/08/02 23:36 our computer industries do their work business by settling now. BUSINESS DEVELOPEMENT 2025149082 without interference from Silicon Valley Sincerely, NO. 301 P002 lobbyists, Congress and ambitious state Charlott A. Ladd, President David P. Hudyma Jr. politicians for the good of our nation. Clone Computer Corporation 15508 Fairfield Joseph J. Piascinski 14839 Inwood Road Livonia, MI 48154 305 Pleasant Valley Drive Addison, Texas.75001–3721 [email protected] Leola, PA 17540 Sales: 972–934–2200 January 8, 2002 TollFree: 800–388–6636 Renata Hesse, Trial Attorney MTC–00030930 Service: 972–934–2219 Suite 1200 Hiteq Fax: 972–991–2003 Antitrust Division Computer Systems e-mail: [email protected] Department of Justice Jan-08–02 04:46P M.K. ‘‘GAZ’’ GAZIANI 601 D Street NW January 7, 2002. MTC–00030932 Page 1 of 2 Washington, DC 20530 Renata Hesse From: Morriss Davis To: John Ashcroft I am writing to comment on the proposed Trial Attorney Date: l/8/O2 Time: 10:28:40 PM settlement in the U.S. vs. Microsoft anti-trust Antitrust Division DCS Davis Computer Services case. Department of Justice P.O. Box 527 After reading the proposal and the 601 D Street NW, Suite 1200 Iola, Texas 77861 opinions of those with a more complete Washington, DC 2053 936–394–6102 Fax 936–394–1738 understanding of the legal issues involved, I Dear Ms. Hesse: January 8, 2002 can do nothing but oppose the settlement. It As the owner of small technology business, Attorney General John Ashcroft amounts to a token punishment without any I am writing to express my concern about the US Department of Justice real enforcement and worse it may serve as government’s ongoing pursuit of Microsoft. 950 Pennsylvania Avenue, NW tools for Microsoft expand their monopolies In my opinion, the case should be settled as Washington, DC 20530 through creative interpretation of the clauses soon as possible. I am encouraged by the Dear Mr. Ashcroft: as they did with the original DoJ agreement. recent announcement that the monopoly and Like most people in Texas who follow the Any remedy to Microsoft’s anti- tying aspects of the lawsuit have been IT industry, I was pleased to hear that a competitive behavior must disable the ability dropped and proposed settlement has been settlement has been reached between the to leverage their monopolies in desktop worked out between Microsoft and the U.S. Department of Justice and Microsoft. I believe operating systems and office software. The Department of Justice. Now it is time to bring that the PC as we know it can be largely most attention needs to be given to the areas this episode to an end and ratify a11 the attributed to Microsoft and its products. The of application programming interfaces terms of the settlement. great success experienced by Microsoft is (API’s), communications protocols and file A settlement would be in the best interest well deserved and has become the envy of formats. In addition, the chosen remedies of all concerned-not just small businesses but the IT industry. Because of Microsoft’s must be strictly enforced and include full the individual consumer as well. Let’s also unprecedented success, it has been an easy public disclosure. First, Microsoft must not regulate ourselves out of the competitive target for their many competitors and the publicly disclose all Windows and related edge we now have in the global market. federal government. API’s; Changes to the API’s need to be Please add my voice to those who want to The settlement shows that Microsoft has released six months before the software and continue the innovative advances made by been unfairly treated as a business. The should be administered by an independent the companies like ‘Microsoft over the past federal government should never be party to standards body. This will prevent Microsoft decade. punishing an American business for being from disabling competing software through Sincerely, successful, yet, that has been the case from careful manipulation and changes to the M.R., ‘‘GAZ’’ GAZIANI the start in this lawsuit. Windows API’s; It is critical that all of this Vice President, Sales & Marketing I support Microsoft’s position in the suit information be released publicly to ensure Hiteq Computer Systems and hope that the proposed settlement that anyone; from corporations to 13440 T.I. Blvd., becomes a reality as soon as is legally individuals, can write fully compatible Suite 4 possible. The Department of Justice owes Windows software. Dallas, Texas 75243–1500*Ph Microsoft and the American people a quick Second, the use of proprietary 972.437.0637F resolution to this lawsuit, and that resolution communications protocols by Microsoft must AX 972.437.3836 can come by formalizing the settlement be prevented. This is something they have agreement. done often in the past. They are doing it MTC–00030931 Sincerely, again by creating proprietary XML, and January 8, 2002 Morris Davis Kerberos formats in support of their .NET Renata Hesse President initiative. This potentially puts control of the Trial Attorney flow of information online into the hands of Department of Justice Antitrust Division MTC–00030933 a single corporation already convicted of 601 D Street NW, Suite 1200 01/08/02 23:36 illegal practices. Therefore, Microsoft should Washington, DC 20530–0001 BUSINESS DEVELOPEMENT 2025149082 only be allowed to use industry standard Dear Ms Hesse: NO.301 P001 communications and authentication This letter is to urge settlement of the 15508 Fairfield protocols as established by an independent Microsoft case as soon as possible. Livonia, MI 48154 standards body. I am the president and sole stockholder of Ph: 248–624–5200 x 1971 (day) Finally, due to the nearly universal this company; I founded this business 24 Fax: 248–669;5018 adoption of MS Office products by home and years go and have been somewhat successful. To: Renata Hesse business users these products have resulted However, the; Microsoft/DOJ battle battle has From: David P. Hudyma Jr. in their own standard communications hurt my business. I’m not taking sides but I Fax: 202–307–1454 format embodied by the .doc, .xIs and .ppt can assure you that prompt settlement will Pages: 2 files generated by the applications. To allow that portion of our business to Phone: communicate effectively by computer in Improve. The event of Sept 11 has further Date: 01/08/02 business and even at home one is required
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to own the latest copy of Office. Therefore, Canton Office 801 76O 8753; the details of the file format used by Word, 454 Stark Country Building Jan-9–02 12:30AM; Excel and PowerPoint must be released to the 110 Central Plaza South Page l/l public domain and be monitored by an Canton, Ohio 44702 Michael J. Nelson independent standards body. This allows the 350–455–5466 11861 Abercorn Court development of competing, 100% compatible Akron Office Reston, Virginia 20191 office products and offers the best chance of 2500 First National Tower [email protected] restoring competition to a market stifled by 106 South Main Street January 8, 2002 Microsoft. 330–784–5466 Attorney General John Ashcroft Sincerely, Akron, Ohio 44306 U.S. Department of Justice David P. Hudyma Jr. FAX 330–455–2108 950 Pennsylvania Avenue. NW 15508 Fairfield www.lawlion.com Washington, DC 20530 Livonia, Ml 48154 e-mail [email protected] Dear General Ashcroft: [email protected] As an attorney and a supporter of I write to express my opinion in regards to Microsoft, I write to you to give my support the settlement that was reached between MTC–00030934 to the recent Microsoft settlement. Using both Microsoft and the United States. This case JAN–9–02 Professional XP, and Home XP, I can only has gone on long enough, anti embrace this WED 7:56 AM praise the work that Microsoft has done to long overdue settlement. TZANGAS, PLAKAS & make the technology industry so accessible. This agreement not only allows Microsoft MANNOS FAX NO. 330 455 2108 P.1 Not only has Microsoft been beneficial to to remain together and continue designing 3914 Willowdell Drive, NE both consumers and the IT sector alike, but innovative software, but it also will benefit Canton, OH 44714 it has also been beneficial to our economy as other companies andentrepreneuurs that January 8, 2002 a whole. I would truly welcome any support yearn to compete. Microsoft must disclose Attorney General John Ashcroft towards the recent agreement, in hopes that never-before-seen technical information other US Department of Justice, 950 Pennsylvania we can allow our technology industry to companies and must be monitored by a Avenue, NW move on. government committee for compliance. It Washington, DC 20530–0001 After three long years of court battles, it also must change its licensing methods vis- Dear Mr. Ashcroft, seems that It is time to let this well thought &-visother companies. As a supporter of Microsoft, I write you out settlement move forward. The terms of Microsoft should not be penalized for regarding the recent settlement. I feel that the the agreement are fair and benefit all parties doing its job well and bring successful. settlement between Microsoft and the involved. Since Microsoft and the Thank you. Department of Justice is the best thing that Department of Justice have agreed upon Sincerely, could have happened under the terms that will open up the competitive Michael S. Nelson circumstances. market, I think it is time to let the terms, information sharing, non-retaliation MTC–00030939 The terms of this agreement are not only agreements, government oversight, etc, speak 01/08/2002 21:28 9413833574 fair, but truly benefit all parties involved. By for themselves. PATRICK agreeing to these terms, stipulating such I fully support the settlement between PAGE 01 orders as avoiding its alleged practice of Microsoft and the Department of Justice, and 350 Gulf of Mexico Drive, Apt. 223 retaliation against hardware firms that hope to see it implemented soon. Thank you. Longboat Key, Florida 34228 wanted to include non-Microsoft programs Sincerely, January 8, 2002 on a Windows platform, Microsoft is helping Cheryl S Lee Attorney General John Ashcroft to open up the competitive market. This U.S. Department of Justice practice helps our technology industry to MTC–00030936 950 Pennsylvania Avenue, NW continue to grow. It is time to let these terms 01/08/2002 19:52 2038748093 COMPASS Washington, DC 20530 speak for themselves, and allow the IT sector PAGE 01 Dear Mr. Ashcroft: to move forward and help our economy grow. 167 Cherry Street # 404 It has recently come to my attention that The settlement has obviously been well Milford, CT 06460 the Department of Justice and Microsoft have thought out, and can only benefit consumers, January 8, 2002 reached a settlement in the antitrust case. the IT sector and our country’s economy as Attorney General John Ashcroft Microsoft is making a good faith effort to a whole I support this settlement. US Department of Justice reach an end to this suit, and the terms of the Sincerely, 950 Pennsylvania Avenue, NW settlement are more than just a slap on the Chung Lee Washington, DC 20530 wrist. MTC–00030935 Dear Mr. Ashcroft: Under this settlement Microsoft has agreed I am writing to express my opinion that the to disclose internal interfaces, which were JAN–9–02 WED 7:57 AM US Government should never have gotten formerly top secret for Microsoft. By doing TZANGAS, PLAKAS & MANNOS FAX NO> involved with taking legal action against this, Microsoft will allow competitors to 3304552108 Microsoft.Nevertheless, I am happy to see create better software and more openness in Tzangas,Plakas, that the settlement in the antitrust case has the IT industry. An IT company has never Mannos&Recupero occurred and I hope that the concessions agreed to such a drastic disclosure. Sadly, Attorneys and Counselors at Law Microsoft will be making will turn out to be opposition to the settlement exists, and they George I. Tzangas January 7, 2002 in the best interest of the American believe that this new openness by Microsoft Lee. L. Makas public.Microsoft has been the leading is not enough. The opposition to the James G. Mannons innovator of technology for over a decade settlement consists mainly of those with an James R. Recupeto now and has set the standards for product anti-Microsoft bias. But more than three years Elizabeth A. Rajes and service development in the industry. in court have damaged Microsoft touch James M. McHugh They should not be penalized, but rather already, it is time for this antitrust case to Gary A. Conolo praised for their efforts and vision. end. David L. Dungwell I sincerely hope that no further litigation Thank you for taking the time to consider Christopher M. Huryn comes against them and that Microsoft is able my views on these matters. Once again,I DeNise K. Houston to focus on business, and not forced to spend support this settlement, and look forward to Cheryl S. Lee time on legal strategy. seeing it implemented soon. Attorney General John Ashcroft Sincerely, Sincerely, US Department of Justice Wally Hauck Stephanie Patrick 950 Pennsylvania Avenue, NW Washington, DC 20530 MTC–00030937 MTC–00030940 Dear Mr. Ashcroft: Sent By:; JAN 9, 2002 9:04AM CHESTNUTT,
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CLEMMONS & THOMAS PA growth.The settlement represents a +8584852032 NO. 7574 p.1 reasonable compromise that has earned T–549 P. 001/001 F–700 FACSMILE TRANSMISSION bipartisan support. I urge the department of Teradata A division of NCR TO: US Dept. of Justice/Antitrust Div. justice and the court to approve this Teradata Test Engineering ATTN: Ms. Renata B. Hesse settlement. 17095 Via del Campo FAX: 202–307–1454 Sincerely, San Diego, CA 92127–1711 DATE: 1–9–02 TIME: 9:14 Senator Scott Thomas January 8, 2002 FROM: Senator Scott Thomas ST/cbj Attorney General John Ashcroft, The Justice CLIENT: N/A Department MTC–00030941 RE: Microsoft Settlement 950 Pennsylvania Avenue, NW NO. PAGES, INCLUDING COVER SHEET: 2 01/09/2002 18:20 7033231582 FOREMAN Washington, DC 20530–0001 MESSAGE: AND ASSOC PAGE 01 Dear Mr. Ashcroft: ORIGINAL TO FOLLOW? X YES NOin mail Rhythm & Cheer Studios There has been much discussion and today 8350 Alban Road, Suite 500 Springfield, controversy generated over this Microsoft This facsimile is intended ONLY for the Virginia 22150 703.866.2318 lawsuit. What I find amazing is that the idea person whose name appears above. If you Renata Hesse that Microsoft’s success has so offended a have received this transmission in error, Trial Attorney few of its competitors in the IT community please contact us at the phone number below Antitrust Division that these competitors actually successfully immediately. U.S. Department of Justice prevailed upon our government to file this CHESTNUTT, CLEMMONS & THOMAS, P.A. 601 D Street, NW, Suite 1200 suit to begin with. It is a good thing that this P.O. BOX 12530 Washington DC 20530 settlement has been reached. Our legal 225–C BROAD STREET Dear Ms. Hesse system and our country will be spared the NEW BERN, N.C. 28561 I am a strong supporter of the Microsoft inevitable embarrassment of picking apart TELEPHONE: 919–633–6868 and Government settlement. one of our country’s most successful FAX: 919–637–2460 Like many, I have followed the case the companies. JAN. 9.2002 9:04AM CHESTNUTT, federal government has pursued against I am writing to voice my support for this CLEMONS & THOMAS PA NO. 7574 P. Microsoft for quite some time. For years now, settlement. Whatever might bethought of 2 the government and the state attorney Microsoft’s attitude, it cannot be said that North Carolina General Assembly generals have filed legal action after legal their products are being forced upon anyone Senate Chamber action to penalize this high tech leader and who does not want them. What’s more, the SENATOR SCOTT E. THOMAS their efforts have caused great harm to the settlement ensures that there is no way for 3RD DISTRICT high tech industry. RALEIGH: 622 LEGISLATIVE OFFICE Microsoft use its Windows OS to unfairly get Instead the state attorney generals have an advantage for its programs. It is important BUILDING only succeeded in ushering in a downturn in RALEIGH, NC 27601–2808 for us as a country to refocus our priorities our economy, which is heavily reliant lately upon more important issues than this.Let’s (919) 733–6275 on a strong technology sector. It’s time to put an end to this lawsuit by accepting the (919) 838–0209 FAX bring an end to this case and this sort of settlement. Let’s move on. E-MAIL: [email protected] litigation. Sincerely, DISTRICT: PO BOX 12530 Sincerely Steven L Smith NEW BERN. NC 28961 Sheryl Olecheck (252) 633–6868 Software Engineer ≤ MTC–00030942 (252) 637–2450 FAX MTC–00030944 COMMITTEES: JAN–9–02 WED 18:53 P.01 01/09/2002 11:18 2033342610 JOE JUDICIARY II (VICE CHAIR) 7426 Granny Valley Road MANCINI PAGE 01 APPROPRIATIONS Gloucester, VA 23061 487 Stratfield Road JUSTICE & PUBLIC SAFETY January 8, 2002 SUBCOMMITTEE Attorney General John Ashcroft Fairfield, CT 06432 AGRICULTURE ENVIRONMENTAL/ US Department of Justice January 8,2002 NATURAL RESOURCES 950 Pennsylvania Avenue, NW Attorney General John Ashcroft EDUCATION/HIGHER EDUCATION Washington, DC 20530 Department of Justice INSURANCE & CONSUMER PROTECTION Dear Mr. Ashcroft: 950 Pennsylvania Ave. REDISTRICTING I am writing you to express my opinion on Washington, DC 20530 RURAL DEVELOPMENT the Microsoft settlement issue. I feel that this Dear Mr. Ashcroft, TRANSPORTATION settlement is long overdue. This settlement is When I heard that I had the opportunity to January 9, 2002 both fair and reasonable, and keeping express my opinion about the Microsoft Ms. Renata B. Hesse Microsoft together will serve in the best antitrust case resolution, I was quite excited. Antitrust Division public interest. The resolution that was reached was a fair U.S. Department of Justice Under this agreement, Microsoft must and equitable one that I think is beneficial to 601 D Street NW, Suite 1200 share more information with other all parties involved, and I would like to that Washington, DC 20530–0001 companies and give consumers more choices. resolution become the final result of the three Via facsimile: (202) 307–l454 Microsoft must disclose information about year long litigation. Re: Support for Microsoft Settlement certain internal interfaces in Windows, as Many things within this settlement make it Dear Ms. Hesse: well as software books and codes. Microsoft beneficial. First, it provides equal terms, I am writing to express my support for the must also design future versions of Windows conditions, and prices to all hardware settlement that the Department of Justice and to make it easier to install non- Microsoft companies dealing with Microsoft. It Also several states, including north Carolina, have software. This will make it easier for prevents Microsoft from taking retaliatory reached with Microsoft. companies to compete. measures against any company that promotes I will be pleased to see this matter resolved Most importantly, I feel this settlement is software other than Microsoft software. This because it will be a boost for the technology beneficial, because it ends three years of settlement even requires that Microsoft sector, a larger force in the North Carolina litigation. Microsoft’s precious resources provide interface information to companies economy. I believe that the certainty of the should go towards more fruitful activities. in order that the technology playing field settlement will promote new investment in Thank you for settling with Microsoft. may be more level. No more guidelines could technology and will enhance competition in Sincerely, possibly be levied without becoming all aspects of the technology industry which Harvey Herring unhealthy. will benefit consumers. Therefore, I urge you to leave the With this litigation settled, the technology MTC–00030943 resolution as is, change it no further. The industry can continue its recovery and Jan-09–2002 07:28am From-NCR Current settlement will provide all the
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protection needed to the smaller companies what Microsoft will do if they are not —Microsoft does not have to release its own while still preserving competition to the punished. API’s until the last beta stage on a product utmost. For years, Microsoft has used its monopoly is reached. This gives Microsoft’s Sincerely, to block or inhibit middle ware products that developers a hugehead start over third Joseph Mancini could potentially threaten the Windows party developers, resulting in significant monopoly. The cur-rent settlement agreement MTC–00030945 time-to-market advantages. is an attempt to curtail many of these abusive —Microsoft chooses, in part, the Technical JAN 09 02 11:34AM UMD ASTRONOMY tactics. However, the proposed remedies are Committee set up by the settlement. to P.1/5 full of loopholes meaning little,if any, real police Microsoft. As a result, the overall University of Maryland at College Park change will occur. Senator Patrick Leahy effectiveness of this committee is doubtful. Department of Astronomy voiced his concern for the proposed Competition is the cornerstone of the free Fax Transmission from 301–314–9067 settlement: ‘‘I find that many of the terms of market system. This competition drives To: Renata B. Hesse the settlement are either confusingly vague, innovation and productivity, while reducing Fax No: 1–202–307–1454 subject to manipulation or both. Second, I am costs to consumers.The goal of any Date: 9 January 2002 concerned that the enforcement mechanism settlement should be to restore competition From: Nicholas L. Chapman described in the proposed decree lacks the in the software industry. The proposed Number of Pages (including cover sheet): 5 power and timeliness necessary to inspire settlement does not meet this goal. In 1994, Message/Note: Public Comment on the confidence in its effectiveness’’ 2. Some of the justice Department entered into an proposed settlement of the Antitrust Lawsuit the dubious remedies that concern me are: agreement with Microsoft. It was the against Microsoft Corporation. The settlement attempts to give OEM’s3 violation of this agreement that lead to the JAN 09—02 11:34AM UMD ASTRONOMY control of the middleware included on the current antitrust litigation in1998. History P. 2/5 computers they sell. However, several tells us that Microsoft will violate this new 4508 Fordham Lane, APT 6 loopholes prevent real competition from decree, leading to future litigation. Senator College Park, MD 20740 resulting. January 9, 2002 Leahy worries about the same thing. ‘‘‘The —Microsoft is prohibited from non-monetary serious questions that have been raised about Renata B. Hesse retaliation against OEM’s who include non- Antitrust Division the scope, enforceability and effectiveness of Microsoft middle ware. Monetary rewards this proposed settlement leave me concerned U.S. Department of Justice for using Microsoft middleware, however, that, if approved in its4 Application 601 D Street NW are allowed. With Microsoft’s huge cash Programming Interfarescurrent form, it may Suite 1200 reserves, they could easily outspend their simply be an invitation for the next chapter Washington, DC 20530–0001 competitors,preventing them from gaining of litigation’’ 5. The government won the To Whom It May Concern: a significant hold on the desktop market. I am deeply disappointed by the proposed —The settlement only protects middle ware case. Microsoft used its monopoly power to settlement of the antitrust lawsuit against made by third parties that competes with crush competition and harm consumers. The Microsoft Corporation. It has been proven an existing Microsoft product. If you create government should press for a true and upheld on appeal that Microsoft holds a a new product before Microsoft does, they settlement, not this ineffectual decree. monopoly in operating systems and that it can still exclude you from the desktop Sincerely, has illegally maintained that monopoly in since Microsoft does not yet compete with Nicholas L. Chapman flagrant violation of the Sherman Antitrust you. 5 The New York Times, 12 December 2001 Act. Despite this, the proposed settlement —Additionally, middleware is only protected JAN 09 02 11:36AM UMD with Microsoft is a farce. It is weak, if the company distributed one million ASTRONOMYP.5/5 ineffectual, and does not address the best copies in the last year. This means that MTC–00030946 interests of consumers.Any settlement that small, independent software developers would be truly just and beneficial to (who are most in need of protection) do not 01/09/02 WED 10:38 FAX 806 371 5370 001 consumers should accomplish two things: get any. AMARILLO COLLEGE ADMIN 67l3 Admiral Ct. 1. Microsoft should be denied the benefits 1 Speech given by Matthew Szulik before Amarillo, Texas 79124 of their lawbreaking. the U. S. Senate, 12 December 2001 January 8, 2002 2. Competition in the marketplace must be 2 The New York Times, 12 December 2001 restored for the present and for the future. 3 0riginal Equipment Manufacturer of Attorney General John Ashcroft The current settlement does nothing to personal computers US Department of Justice punish Microsoft for its actions. This is not Jan 09 ‘‘02 11:35am UMD Astronomy 950 Pennsylvania Avenue, NW about revenge, merely common sense. P.4/5 Washington, DC 20530 Without punishment, Microsoft has no —Under the settlement, OEM’S may change Dear Mr. Ashcroft: incentive to obey the law in the future. If the default middleware application I am writing to you in support of Microsoft Microsoft actually benefits from its launched when a Microsoft alternative and the settlement you have reached. I think lawlessness, what is to prevent them, or other would normally run. However, if a that the settlement is reasonable to both corporations, from doing the same thing particular requirement is not met by the parties and answers many of the problems again? alternative, the Microsoft middleware will that Microsoft’s competitors had with The settlement needs to address this still be launched. I can imagine Microsoft outputting too much of a strain on Microsoft. problem by: 1) requiring an admission of adding new features that require Microsoft will, for example, not adhere to a guilt from Microsoft, 2) imposing monetary Microsoft’s middleware to run properly. uniform price list when licensing Windows fines on Microsoft, and 3) im-posing other Sounds farfetched? Recently, Microsoft out to the 20 largest computer makers in the non-monetary punishments. Without these blocked many browsers made by third United States. sorts of sanctions,Microsoft will surely parties from accessing msn.com claiming I’m glad to see this since Microsoft is such continue is lawless behavior. Massachusetts these browsers could not provide the an important part of our economy and most Attorney fulluser experience. American’s daily lives. Many people and JAN 09 02 11:35AM UMD ASTRONOMY —Under the settlement Microsoft must small businesses depend on their products P. 3/5 disclose its API’s4 to developers-provided for various aspects of their lives and it’s nice General Thomas F. Reilly commented on developers have a reasonable need for to see that they can continue to do so. this settlement saying, ‘‘Five minutes after them. Who gets to determine what is I would like to thank you for taking the any agreement is signed with Microsoft, reasonable need? Microsoft. Even worse, if time to hear my option on this matter and I they’ll be thinking of how to violate the a developer actually uses Microsoft’s API’s, hope that you will take it into account, along agreement. They’re predators. They crush they must submit the program for approval with others who feel the same, regarding the their competition.They crush new ideas. by Microsoft. In effect, Microsoft gets free settlement. They stifle innovation. That’s what they do≥l. reign to use any innovation created by a Sincerely, I have no doubt in my mind this is exactly third party developer. Brant Hatler
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MTC–00030947 acceptance of the-negotiated settlement, and 950 Pennsylvania Avenue, NW Anna M. Hudock let things get rolling again. Washington, DC 20530–0001 540 N Franklin Street Sincerely, Dear Mr. Ashcroft, Wilkes Barre, Pennsylvania 18702 Bill Lewis It has recently come to my attention that January 8, 2002 President there has been a settlement reached in the case against Microsoft by the Justice Attorney General John Ashcroft MTC–00030949 US Department of Justice Department. I agree with this settlement 950 Pennsylvania Avenue, NW TEXAS EAGLE FORUM wholeheartedly, and I ask you to finalize it Washington, DC 20530 January 9, 2002 at the end of the comment period. Dear Mr. Ashcroft: Renata Hesse This case has been ongoing for the past I am writing to you today to express my Trial Attorney three years. The Justice Department should strong opinions in regards to the Microsoft Antitrust Division end its persecution of Microsoft based on its antitrust issue. I support Microsoft in this Department of Justice worldwide success. It serves no useful dispute, and I also am in favor of the 601 D. Street NW, Suite 1200 purpose to continue on with the case, since settlement that was reached on November 6, Washington, DC 20530 doing so would waste a vast amount of time, 2001. This settlement ends a dispute that I Dear Ms. Hesse, tax dollars, and human resources, all of feel has drawn on for long enough. The government should cease its open- which can be better spent on the current This settlement contains provisions that ended pursuit of the high-tech industry. needs of the country. The settlement is fair, not only will allow Microsoft to get back to The previous administration was and changes many of Microsoft’s business the business of innovative software design, misguided in its attempt to break up practices, especially those found unsavory by but it will also make it easier for competing Microsoft Corporation. Even though the competitors and consumers alike, such as companies to conduct business. Microsoft lawsuit was dropped, an even more ominous retribution against companies that tack non- must design future versions of Windows to threat would be for the government to Microsoft software onto Windows before make it easier to install non-Microsoft regulate the entire industry. shipping a computer to the customer. I ask software and must disclose more information This attempt is misguided because that the government resolve to put an end to about certain internal interfaces in Windows. Microsoft was and still is competitor driven. this lawsuit by deciding to take no further This settlement comes at a time when we No consumer or end user of Microsoft action against Microsoft. are having economic difficulties. We must do products is a party to this attempt to quash Sincerely, all we can to boost our lagging economy. I innovation and interfere with market-driven Frank Arkfeld support the Microsoft settlement and hope to competition. cc: Representative Richard Armey se it finalized soon. It is past time to settle all remaining issues MTC–00030951 Sincerely, between Microsoft and the government and Anna M. Hudock let the technology industry get back to the Jan 09 02 01:06p Irlando cc: Senator Rick Santorum business of providing high quality products (817) 535 6656 p.1 to the American consumer in a FREE GIANINA M. IRLANDO MTC–00030948 MARKET, SMALL GOVERNMENT way. 4218 Kenwood Court Jan 08 02 05:37P Strategic Software Thank you for considering my request. Fort Worth, TX 76103 Technologies Inc. p.1 Sincerely, 817.535.4593 Fax 817.535.6656 1414 E. Young Cathie Adams, President To: RenataHesse Temple, TX 76501 P.O. Box 795354 From: Gianina Irlando 254/791–5191 Dallas, TX 75379 Fax: (202) 616–9937 FAX 254/791–5192 Phone 972–250–0734 Pages: 2 January 8, 2002 Fax 972–380–2853 Phone: Renata Hesse email Date: Trial Attorney [email protected] 1/9/2002 Antitrust Division web page Re: Microsoft Settlement Dept. of Justice texaseagle.org CC: 601 D St.NW, Suite 1200 Jan 09 02 01:06p Irlando Washington, DC 20530 MTC–00030950 (817) 535 6656 Dear Ms. Hesse, 01/09/2002 12:00 5024951409 FRANK P.2 I am writing in regards to the Microsoft ARKFELD PAGE 01 GIANINA M. IRLANDO settlement. I know I am only one voice out Frank Arkfeld 4218 Kenwood Court of many but I do have an opinion that I wish 2612 Carterton Way Fort Worth, TX 76103 to express. Being a software developer, Flower Mound, TX 75022 817.535.4593 Fax 817.535.6656 Microsoft products are part of my arsenal of 972–355–7283 (Voice) January 8, 2002 tools, as are IBM products, that I must use 972–355–2683 (Fax) Renata Hesse and rely on everyday when trying to develop To: Attorney General Ashcroft Fax: 1–202– Trial Attorney business solutions for my clients. Although 616–9937 Antitrust Division I am sure that Microsoft leveraged its strength From: Frank Arkfeld Department of Justice in every way possible and probably exceeded Date: 1/9/2001 601 D Street NW, Suite 1200 some ethical boundaries, I do not believe the Re: Microsoft Settlement Washington, DC 20530 punishment should be a breakup of the Pages: 2 Dear Ms. Hesse: company or even a disruption of business. CC: It is my understanding that the federal You may not remember in the late 80’s and Richard Armey antitrust settlement agreed upon between early 90’s how terribly convoluted the Fax: 202–226–2028 Microsoft Corporation and the US software industry was. Nothing worked 01/09/2002 12:00 5024951409 Department of Justice is currently under together and many vendors were involved FRANK ARKFELD review by the U.S. Court of Appeals. I am when trying to create a suite of tools to work PAGE 02 writing this in order to register my support with. I applaud Microsoft for FINALLY Voice: (972) 355–7283 for the settlement and ask the Court to rule getting most of that behind us. And as a 2612 Carterton Way accordingly. developer, I know that in order to accomplish Fax: (972) 355–2683 For three years, this case has been disputed it successfully, many of those pieces had to Flower Mound, TX 75022 (972) without any reasonable legal remedies. The be closely tied to the operating system. I also E-mail: [email protected] proposed settlement effectively eliminates know that if you want to install another January 9, 2002 the need for further litigation-which would product in place of a Microsoft product you Attorney General John Ashcroft be at tremendous expense to taxpayers-and can. Anyway, to be brief, I would recommend The DOJ offers a fair and reasonable compromise.
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Microsoft is a leading innovator of high has been reached. I am writing to state my Attorney General John Ashcroft tech products. Their products have made support for the settlement and opposition to US Department of Justice business computing simple, effective and any continuation of this case. 950 Pennsylvania Avenue, NW productive. It is because of their continued The Government and Microsoft have spent Washington, DC 20530 pursuit of excellence in the market and millions of dollars and thousands of hours on Dear Mr. Ashcroft, ongoing quest for consumer satisfaction, that this case. The settlement that has been As a Microsoft user and shareholder, I am they have become such a giant in the reached will allow both entities to get back writing to express my opinion of the recent industry. It would be a shame to sanction to important matters that this case has antitrust case settlement between Microsoft them for their cutting-edge innovations. distracted them from. This settlement places and the U.S. Department of Justice. I have felt My quick review of the settlement terms some rather severe restrictions on Microsoft, all along that the government should keep persuaded me to write. Microsoft has shown but nevertheless Microsoft supports the out of this matter and let free enterprise take good faith in this agreement. In fact, I would settlement because it would like to return to its course. say they have gone beyond what should be get back to business. Microsoft has been instrumental in creating required of any business operating in our so- Your support of the settlement in the a powerful business that has been innovative called ‘‘free market’’. It is time to accept the Microsoft antitrust case is greatly and vision-oriented. Microsoft’s work has set settlement and move on. appreciated. Allow our technology industry standards for the industry and has proved Sincerely, to once again have as its main concern that the tech sector is a formidable force that Gianina lrlando technological development and not is here to stay. Unfortunately, Microsoft has expensive court conflict. been hindered in the past three years by MTC–00030952 Sincerely, litigation, which in many cases is unjustified. JAN–09–2002 17:38 TRIBUTE INC Mary Lou Hays The settlement corrects the alleged wrongs 3306563464 P. 01/01 from the alleged lawsuit, and enables Tribute Software for Successful Distributors MTC–00030954 companies to sue Microsoft if they feel that January 9, 2002 6545 Lansdowne Avenue it is taking liberties with the settlement. Attorney General John Ashcroft Philadelphia. PA 19151–3317 Moreover, the government-run Technical U.S. Department of Justice Phone 215.477.0384 Fax 215.477.3246 Committee will also help to ensure that 950 Pennsylvania Avenue, NW E-mail [email protected] Microsoft refrains from retaliatory or Washington, DC 20530 www.iaestaimports.com predatory actions that would undermine the Dear Mr. Ashcroft, Iatesta Imports settlement. I am writing to express my support for the January 7, 2002 I hope that no further litigation is brought Microsoft the settlement. I feel strongly that Attorney General John Ashcroft to suit and that the best interests of the any American business ought to have the United States Department of Justice American public are served by the right to release to its competitors as much or 950 Pennsylvania Avenue, NW government’s future action against Microsoft. as little of its proprietary trade secrets as it Washington, DC. 20530–0001 Sincerely, feels appropriate, rather than to have our Dear Mr. Ashcroft: Richard C. Hanseen, CPA, PFS government dictate disclosure through the As a concerned United States citizen, I cc: Senator Harry Reid courts. would like to voice my thoughts on the 2820 W. Charleston Blvd., Ste. 28 o Las I certainly feel that Microsoft should have settlement between the Justice Department Vegas, Nevada 89102 o 702.362.3123 o Fax done a better job with both industry and and Microsoft Corp. I believe that Microsoft 702.362.1675 government relations regarding such was treated unfairly by having to defend [email protected] www.hanseen- disclosures. Indeed, failure to release ‘‘source itself in court for alleged antitrust violations, cpa.com code’’ appropriately would be a strategic when it was simply putting out a good mistake for Microsoft. Our industry has product. However, I,do believe that the MTC–00030956 grown on cooperation and sharing of settlement is in the best interests of all 01/09/2002 13:04 9496614830 JUNE PLACE innovations. However, our industry’s health parties involved, including the American PAGE01 also depends on the safeguarding of public. This case has been in litigation for 33751 Windlass Drive intellectual property. As such, the final three, years now. It should be brought to a Monarch Beach, CA 92629 decision regarding release of ‘‘source code’’ close so everyone involved can attend to the Attorney General John Ashcroft to competitors should have Microsoft’s, and more’immediate needs that are affecting our U.S. Department of Justice not that of a federal judge. great nation currently. The terms of this 950 Pennsylvania Avenue, NW I realize that this is only one of many settlement are reasonable, and require a Washington, DC 20530–0001 issues in this case, but this issue is the one number of specific changes from Microsoft. Dear Attorney General Ashcroft: that has me most concerned because of the For example, computer makers will have the It is nice see that the trust and loyalty I potential impact on the efficacy of option to remove the means by which the have placed in this government for many intellectual property rights. I am therefore consumer can have access to features of years have been merited. Thank you for pleased that this settlement has been Windows such as Internet Explorer, coming to a formal agreement with Microsoft. reached, and that Microsoft was not forced Windows Media Player, and Windows It does not make sense to revisit this issue. into any involuntary disclosure. Messenger. They will then be able to replace It is necessary for us to work more Sincerely, them with access to products like Netscape’s efficiently during a very difficult period in Timothy Reynolds browser, or AOL IM. Furthermore, a the country. It is wise to allocate our funds President ‘‘Technical Committee’’ will monitor to improve morale and boost the private and TOTAL P.01 Microsoft’s compliance with the settlement. public sector. We only need to turn on the These changes should be sufficient to end nightly news to see that the unemployment MTC–00030953 any future litigation from the federal rate is at an all time high. There is no need FROM: Parts & Fasteners FAX No.: Jan. 09 government and individual states. to drag this issue out any further. Microsoft 2002 03:48PM P1 Sincerely, is willing to compromise to reach a good 3956 La Hacienda Drive Anthony Iatesta settlement. San Bernardino, CA 92404–2041 CC: Senator Rick Santorum I support the settlement, and look forward Attorney General John Ashcroft to seeing it in place soon. US Department of Justice MTC–00030955 Sincerely, 950 Pennsylvania Avenue, NW 01/09/2002 14:28 FAX 7023621675 June Place Washington DC 20530 RICHARD C HANSEEN 001 For more than three years now Microsoft C H RICHARD C. HANSEEN, CPA MTC–00030957 and the Department of Justice have engaged Management & Financial Solutions 1–9–02; 3:45PM; Raw Materials in an expensive, time consuming, and drawn Businesses & Individuals ;6106942063 #1/1 out antitrust case. Thankfully a settlement January 9, 2002 1721 Millard Street
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Bethlehem, Pennsylvania 18017 Sincerely, operating system monopoly. I am particularly January 8, 2002 Leonard Doherty concerned with the level of intrusion and Attorney General John Ashcroft cc: Senator Rick Santorum personal data-gathering afforded by the close US Department of Justice coupling of Microsoft’s operating system and 950 Pennsylvania Avenue, NW MTC–00030959 its Web dominance. If appropriate action is Washington, DC 20530 Minority Educational Resource Center Inc. not taken at this time, I am convinced that Dear Mr. Ashcroft: (M.E.R.C.L) the public interest and privacy will suffer for I believe the government has no business Telephone/FAX (972) 874–3996 E-mail: many years to come. The most appropriate interfering with Microsoft in its pursuit of [email protected] remedy is to fully separate the ‘‘system’’ and success. The concessions Microsoft is making Renata Hesse ‘‘software’’ operations into separate and are too harsh and unjustified. Trial Attorney independent companies, where networking Microsoft worked hard to create new Antitrust Division software is assigned to the latter. Even then, technology and ideas. They have brought Department of Justice rigorous oversight would be required to new products and services to market that 601 D Street NW, Suite 1200 ensure that there is no collusion. While this outshone all their competitors. They should Washington, DC 20530 would be severe. I feel that Microsoft has not not be penalized for their superior Dear Ms. Hesse: earned the very basic level of public trust performance, but instead praised. Instead, I am writing this letter to express my that any other solution would require. Microsoft is forced to share information support for the recently negotiated settlement Sincerely about critical interfaces with Windows with of the Microsoft case. For the past several MTC–00030961 its competitors, crippling its ability to months, I have watched as the Department of compete, and will be made subject to a Justice and several state Attorneys General 01/09/2002 01:56 9722220013 GLORIANA government oversight committee, putting the have relentlessly pursued a frivolous JOHNSON PAGE 01 company’s every action under intense antitrust lawsuit against Microsoft. As a user Gloriana Johnson scrutiny. of Microsoft products, I think it is time to Shannon Road I hope that no further litigation is brought bring this issue to a conclusion. Mesquite, Texas 75181 against Microsoft and I look forward to the The threat of government regulation has January 8, 2002 IT sector making a comeback which can only Attorney General John Ashcroft caused tremendous harm to the industry, happen if Microsoft is allowed to pursue US Department of Justice consumers and the entire economy, At a time business interests, not politics. 950 Pennsylvania Avenue, NW when the economy is heading into difficult Sincerely, Washington, DC 20530 times, the last thing the technology industry Patricia Felix Dear Mr. Ashcroft: needs is more litigation and government cc: Senator Rick Santorum I am writing you today to inform you of my regulalion. opinion in regards to the Microsoft Further litigation will not improve quality MTC–00030958 settlement that was reached on November 6. or increase innovation. On the contrary, Doherty I feel this settlement is fair and reasonable, TEL:1–215–736–8959 Jan 09’’ 02 15:26 No. attempts to place limits on any part of the and I am a strong Microsoft supporter. 001 P.01 tech sector-not just Microsoft—will inhibit I believe Microsoft has accomplished a 707 Ardsley Court innovation, increase costs, and place great deal in the last decade. Microsoft offers Yardley, PA 19067 America’s technology at a disadvantage in quality products to consumers at reasonable January 9, 2002 the global market. prices. Microsoft will now allow itself to be Attorney General John Ashcroft I think it is time to settle this matter and monitored by a technical oversight US Department of Justice let the industry, and Microsoft, continue to committee created by the settlement in order 950 Pennsylvania Avenue, NW develop affordable, innovative products. to ensure that Microsoft doesn’t engage in Washington, DC 20530 Sincerely, any anti-competitive behavior. The Dear Mr. Ashcroft: J. Edwin Hudspith technological boom we have experience is I am writing this letter to you today so that MTC–00030960 due to Microsoft for the most part. This my opinion may become public record. company should not be punished for being I am very happy that a settlement was JAN–09–2002 WED 03:52 PM successful at what they do. finally reached in regards to the Microsoft FAX NO. I support the settlement and hope to see it antitrust lawsuit. Three long years of P.01 in place soon. Thank you for your time and litigation have finally produced a settlement Robert D. Corsaro consideration. that I believe is going to be very Home (301) 705–7586 Sincerely, advantageous to all parties, 2002 involved. 5921 Walleye Court, Gloriana Johnson For the smaller computer manufacturing Office (202) 767–3537 companies there are guarantees that Waldorf, MD 20603 MTC–00030962 Microsoft will not take any kind of retaliatory [email protected] Jan. 09 2002 2:46PM Foundation for measures against them for promoting [email protected] Economic E 9896879088 P.1 software from Microsoft’s competitors. There January 9, 2OO2 James E. Kostrzewa is also a provision that restricts Microsoft Renata Hesse, Trial Attorney, 2698 North Peterson Drive from entering into any kind of contractual Suite 1200, Antitrust Division, Sanford, Michigan 48657 agreement that would retard the development Department of Justice, (989) 687–9555 of competitors’’ software or the competitors’’ 601 D Street NW, Washington, DC 20530; FAX Cover Sheet ability to compete with Microsoft. There is (facsimile) 202–616–9937. To: United States Department of Justice even a provision in this settlement that As a personal computer user for over 30 Fax number: 202–307–1454 requires Microsoft to disclose Windows years, both at home and work, I have Pages to follow: 0 interface information to other software witnessed or experienced adverse effects of Date: January 9, 2002 developers if requested. This provision is a Microsoft’s antitrust violations. In my Subject: Settlement of Microsoft Case first for a settlement of its kind. Truly, this opinion the settlement that is proposed will Dear Department of Justice, settlement is uniquely tailored to this nether remedy nor discourage future antitrust Please settle the Microsoft case! Every day situation. violations of the type for which Microsoft has I hear jokes about the fact that the U.S. No further changes to the settlement need been found culpable. Government is spending exponentially more be made. If Microsoft and the Justice The company has repeatedly and blatantly on useless programs like trying to control Department are both happy with this operated as a monopoly using unfair American businesses than it spends on real settlement, and it is my understanding that practices to eliminate competitors. It has threats like terrorism. But it is no joke—you they are, then we should leave it as is. I already been found in violation. Yet I am are! Please stop. support the settlement, and hope to see it dismayed to find that the ‘‘penalty’’ proposed Please listen to our founding fathers like finalized soon. actually enables Microsoft to advance its Thomas Jefferson who said, ‘‘The government
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that governs least governs best.’’ I, like our adds productivity and innovation to the the Department of Justice’s lawsuit against founding fathers, am a ‘‘Classical Liberal.’’ I economy and should be allowed to Microsoft is more than welcome. After three believe in self-reliance, limited government, participate in a free market. Stopping years, all the issues surrounding the case respect for private property and individual litigation against Microsoft is best for the have been considered and all the involved liberty, and the rule of law. I urge you to take economy and consumers. parties have been able to express their points a lesson from the state of Michigan from 1851 Thank you for orchestrating this of view on the matter. After three years, the when the Michigan state legislators amended settlement; it is truly the best thing for the settlement is more than fair to the Microsoft’s the state constitution to ‘‘get out of the America of today, and the America of competitors and to the federal government. It business of business.’’ This public policy tomorrow. gives the red-carpet treatment to software change is what lead to businesses flocking to incerely, developers that wish to create software that the cold climate of Michigan to make it one Jose Navarro works in a Windows operating system. of the manufacturing Mecca’s of the world, cc: Representative Elton Gallegly Considering all the points of the Please leave business to the free market and settlement, such as allowing hardware we will all be infinitely more prosperous— MTC–00030965 makers to reconfigure parts of Windows, it is including you. Jan 09 02 01:00p obvious that Microsoft will lose some of its Respectfully, YesterTec Design Company 610–838–1937 market share when the settlement is p.1 formalized. The issue at stake now is whether MTC–00030963 David W. Beer the consumer will benefit from the proposed 01/09/02 WED 15:1? Fax 1 954 771 2223 1490 Spring Valley Road settlement or not. HORNER EQUIPMENT ADMIN. 001 Bethlehem, Pennsylvania 18015 The enormous cost that the suit has been Tandy Garay—IT Director January 9,2002 on Microsoft and on the entire IT industry Horner Equipment of Florida, Inc. Attorney General John Ashcroft will inevitably be absorbed by the consumer 5755 Powerline Road US Department of Justice in the form of artificially higher prices for Fort Lauderdale, Florida 33309 950 Pennsylvania Avenue, NW years to come. If the suit is not settled now, January 7, 2002 Washington, DC 20530 the cost to the IT industry and Microsoft can Attorney General John Ashcroft Dear Mr. Ashcroft: only increase, which means that the cost to consumers in the end can only increase. This US Department of Justice I have been following litigation for the last is most certainly not in the public interest. 950 Pennsylvania Avenue, NW three years against Microsoft and am happy Now is the time to end the suit and allow Washington, DC 20530 to see that the matter was settled in the IT industry and Microsoft to return to Dear Mr. Ashcroft: November in the antitrust case. I am happy their functions as innovators and service I am writing you today to express my to see that Microsoft is not being broken up, providers to the millions consumers of feelings on the Microsoft settlement that was and that true innovation can continue. This technology products. For the good of all reached in November. I believe this business simply cannot be regulated in any involved parties, I urge you to see that the agreement will have long-term beneficial way that discourages innovation, especially proposed settlement become formal as soon effects on our lagging economy. For this since the business models change so as possible. Sincerely, reason, I feel this agreement will be in the frequently. best interest of the public. Microsoft has been a huge asset to my MTC–00030967 This agreement contains provisions that business and particularly to our country 01/09/02 12:28 404 952 1558 MICROSOFT will foster competition. through product and service development, CORP. 01 Microsoft has pledged to share more employment, education, and philanthropy. It Eric Cobaugh information with other companies about is our opinion that Microsoft has done much 6909 Rainwater Road Microsoft software codes and books. more good for our nation’s economy than Raleigh, NC 27615 Microsoft must also make it easier to install bad. January 3, 2002 non-Microsoft software. These steps will give Because of their contributions they should Attorney General John Ashcroft third party vendors more opportunity for be rewarded, and they have been monetarily The U.S. Department of Justice growth and allow consumers a greater choice rewarded in the past, but I hope the penalties 950 Pennsylvania Avenue, NW in applications. This is a win-win situation address only the practice of business and not Washington, DC 20530–0001 all around. the practice of innovation. In this context, Dear Mr. Ashcroft, These provisions and many others will penalties should be enforced for malicious I respcct the Ieadership in this country. have a positive impact on the technology law breakers, and not for aggressive but law Especially now, when challenges our facing industry and is a great victory for consumers abiding business practices. this nation as never before, those in national as well. Thank you for settling this suit with I am particularly annoyed with Sun leadership should set an example of Microsoft. Microsystems. We all have competitors, and cooperation and high-minded action. Sincerely, they have, in the long run, benefited from the I believe the recently reached settlement Tandy Garay competition. I hope the nine states in between Microsoft and the Department of opposition to settlement will end their Justice embodies this ideal of high-minded MTC–00030964 quarrels and let private enterprises return to cooperation. The settlement is fair, and it P–01 focusing on business, innovation, and not would be tragic to allow the government to Jose Navarro politics. continue its ill-advised campaign to fragment 1814 Brookside Avenue Sincerely, and effectively render irrelevant one of our Oxnard, CA 93035–3319 David Beer nation’s greatest and most productive 2 January 2002 companies. MTC–00030966 Attorney General John Ashcroft The settlement affects the health of the U.S. Department of Justice, 950 Pennsylvania Jan–09–02 11:47A Dick Ross 16102507809 entire information technology industry. Avenue, NW P.01 Manufacturers and designers of hardware Washington, DC 20530–0001 Richard Ross and software must be able to rely on Dear Attorney General Ashcroft: 1607A Briarwood Lane Microsoft and it’s competitors to incorporate I appreciate the opportunity granted by the Bethlehem, Pa. 18017 technology innovations into their products as Tunney Act to express my opinion about the January 9,2002 rapidly as commercially viable. This is best recent Microsoft settlement. I am fully in Attorney General John Ashcroft, U.S. accomplished through unfettered support of the settlement. It is realistic and Department of Justice competition NOT by government committees reasonable, and it allows increased 950 Pennsylvania Avenue, NW choosing winners and losers. monitoring to ensure fair competition. Washington, DC, 20530 I am hopeful that the Department of Justice In this current state of economic downturn, Dear Mr. Ashcroft: will endorse the terms of the settlement to it is absolutely critical that the government After three years of litigation in federal the other branches of government and will stops litigation against Microsoft. Microsoft court, a settlement agreement that can end stem any further pursuance of this matter.
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Sincerely, Microsoft has hurt neither its competitors nor Plano, Texas 75093 Erie Cobaugh the consumers with its actions, In fact their Tel: (972) 964–0801 products, which continually Improve at Fax: (972) 964–0412 MTC–00030968 affordable prices, are a great benefit to small Comments: 1–09–2002 3:12PM businesses such as my own. Date: 9 Jan 02 FROM 000000000000 P.1 The Justice Department must have more To: Attorney Gernal Ascroft 10:24 GARDNER GROUP important things to do in this day and age, Company: Gox 804 741 3344 P.01/01 and I’m sure the millions spent on Fax: 202 307 1454 THE GARDNER GROUP prosecution can be better spent elsewhere. From: Ed O’Donnell January 9, 2001 There is a recession going on in this country, Company: Ms. Renata Hesse and we need companies like Microsoft to be Tel: 972 407–1076 Trial Attorney focused on creating jobs and wealth in order Number of pages including this one: Antitrust Division to bounce back. Jan–09–2002 WED 14:01 ID:KlNKOS Department of Justice I hope the Judge sees the wisdom in the TEL:972 964 0412 P:02 601 D Street NW, Suite 1200 settlement offer, and that this opportunity to 1413 Mockingbird Drive Washington, DC 20530 get things back on the right track is not Plano, Texas 75093 Dear Ms Hesse: missed. January 8, 2002 As a small businesswoman and a Microsoft Thank you for entertaining my opinion on Attorney General John Ashcroft investor, I was most pleased to learn, that a this case. US Department of Justice proposed settlement is under consideration. Very truly yours, 950 Pennsylvania Avenue, NW I have been advocate for an end to this Rebecca Waugh Washington, DC 20530 litigation for a number of months, so I was Dear Mr. Ashcroft: pleased to hear that the end may be near and MTC–00030970 I am writing to express to you my support all concerned can expend their energies Jan 09 02 01:09p of the settlement that was agreed upon elsewhere. 817 428 6599 p.1 between Microsoft and the federal I have absolutely no doubts that this suit MAIEVE GALLUP government. I sincerely hope that this is the has negatively impacted my investment in 5792 FALL CREEK DRIVE, FORT WORTH, end of any more litigation on the federal the Company. From the news reports I have TX 76137 (817) 428–6590 level. read on this issue, the case seemed to be January 9,2002 Taking into account the terms of the driven by some of Microsoft’s competitors. Renata Hesse agreement, Microsoft certainly did not get off The economy has been backsliding for Trial Attorney with just a warning. In fact, Microsoft is now months now, and the September 11 and Antitrust Division left to make several significant changes in the subsequent events have weakened it furhter. Department of Justice way that they handle their business. For We need to take every action possible to spur 601 D Street NW, Suite 1200 example, Microsoft has agreed to make the economy, not the opposite. As President Washington, DC 20530 available to its competitors any protocols Bush has said, we all need to spend money Sent via fax to (202) 616–9937 implemented in Windows’’ operating system and travel. When it comes to the technology Dear Ms. Hesse: products that are used to interoperate sector, people will spend money on new and Last November, Microsoft Corporation and natively with any Microsoft server operating innovative products. Costly lawsuits, take up the Department of Justice reached an historic system. Microsoft has also agreed to disclose a company’s time and energy—time and settlement of what has been a protracted and and document for use by its competitors energy that could be spent on more expensive lawsuit. It is now time for the various interfaces that are internal to productive endeavors. The proposed Court to dismiss all remaining complaints Windows’’ operating system products. That settlement should put concerns of against Microsoft and let the consumer be the alone is a first in an antitrust settlement. competitors to rest. I understand that future final judge as to whether Microsoft has With the many terms of the agreement, versions of Windows will have a simple way harmed them. there should be no reason for the government for computer and software makers to promote The choice seems to be clear. Either the to consider pursing further litigation on any non-Microsoft software within Windows. I Court accepts the settlement and competitors level. don’t know how much more fair you can get. continue to innovate, or the Court orders the Sincerely, Thank you for the opportunity to bring my continuation of the lawsuits and competitors Ed O’Donnell views to your attention. Sincerely yours, continue to litigate. If the latter course is MTC–00030972 Kay Gardner taken, Microsoft will not be the big loser-it Meeting Management form Concept to will be the consumer. What is the motivation 01/10/2002 09:43 5703562366 Conclusion to continue the lawsuit? Is it driven by ABRACZINSKAS NURSERY PAGE 01 152 W. Square Place, Richmond , Virginia competitors who haven’t been as innovative Susan 29233 as Microsoft and are afraid of losing their ABRACZINSKAS (804) 784–5111 share of the market? Shouldn’t the legal eye 346 NUMID IA DRIVE, of the Court and the remaining 9 state CATAWISSA PA 17820 MTC–00030969 attorneys general be trained at the market HONE(570)356–2323 JAN–09–02 02:13 PM P.01 tactics of Microsoft’s competitors? Surely, FAX(570)356–2366 Rebecca G. Waugh you will find some unsavory market practices TO: Attorney General FROM: P.O.BOX 402 in their portfolios, if nothing else, they most COMPANY New Ipswich, NH 03071 certainly appear guilty of ‘‘obstructing’’ the DATE: FLOWERSANTIQUES advancement of technology in America’s FAX NUMBER: (603)878–4279 marketplace. TOTAL NO. OF PAGES INCLUDING COVER: January 8,2002 I encourage the Court to stop this costly RE: Renata Hesse charade by Microsoft’s competitors and let URGENT Antitrust Division them all get back to true competition where FOR REVIEW Department of Justice it counts most-in the marketplace. PLEASE COMMENT PLEASE REPLY 601 D Street NW, Suite 1200 Sincerely, PLEASE RECYCLE Washlngton DC, 20530 Maieve Gallup 01/10/2002 09:43 5703562366 Dear Attorney Hesse, ABRACZINSKAS NURSERY I would like to contribute my opinion MTC–00030971 PAGE 02 during the public comment period for the JAN–09–2002 WED 14:01 ID:KINKOS TEL: Susan Taddeo Abraczinskas draft settlement in the Microsoft antitrust 972 964 0412 P:01 739 Mifflinville Mainville Road case. I support the settlement as a much- Fax Cover Sheet kinko’s Nescopeck, PA 18635 needed end to this drawn out court case. 2301 Preston Rd., Ste. B January 9,2002
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Attorney General John Ashcroft, USDOJ Yours truly, reached with Microsoft. The settlement is 950 Pennsylvania Avenue, NW Lydia E. Grammer reasonable and has bipartisan support. I Washington, DC 20530 3131 Hanover Ave. #12 believe that Microsoft has agreed to make Dear Mr. Ashcroft, Richmond, VA 23221 many significant changes in their business My father died last July. He came from practices and that the company is committed Italy when he was young; he worked hard MTC–00030974 to becoming a more responsible industry every day all his years to make a better life JAN.10.2002 8:50AM leader. for himself and his family. His was the GUY CARPENTER OF PA. 215 864 3798 NO. The technology industry is a vital force in quintessential American success story. To 243 P. 1/1 our North Carolina economy. Settling this make sure his grandchildren had a base for ≤GUY CARPENTER lawsuit will allow the industry to continue their lives, he invested in Microsoft. My Guy Carpenter & Company of Pennsylvania to rebound and expand. I urge the children lost thousands of dollars that would Two Logan square Telephone (215) 864–3600 Department of Justice and the court to have been used for their education. I put the Philadelphia, Pennsylvania 19103 Facsimile approve this settlement. blame for this at the feet of former President (215) 636–9929 Sincerely, Clinton. He evidently believes that anyone January 10,2002 James B. Black, Speaker who works hard and makes a success of his Attorney General John Ashcroft North Carolina House of Representatives life should be punished. Government should US Department of Justice JBB/jg not exist to stifle success. 950 Pennsylvania Avenue, NW 0086360.01 The lawsuit against Microsoft was Washington, DC 20530 LIB: unfathomably groundless. It should be over. Dear Mr. Ashcroft: STATE LEGISLATIVE BUILDING o Microsoft has made numerous concessions to I am writing concerning the settlement RALEIGH, NORTH CAROLINA .27601–1096 computer manufacturers, such as changing negotiated between Microsoft and the Justice o TEL the ways Microsoft licenses its software and Department. (919) 733–3451 o FAX (919) 715–0772 its software’s configurations. There is even a After three long years of litigation, this technical committee that will oversee settlement represents an opportunity to move MTC–00030977 Microsoft’s adherence to the settlement. I forward. JAN 10 ‘‘02 02:14 D.L. CURTIS CO. wonder if the other firms would do as much. The entire IT sector is ready to move on 17023232885 But they are not as successfu1 as Microsoft and get back to business, but it seems that TO: and hence, immune from such demands. there are those who still want to hold up the 202 353 8856 PO1 What I ask of you is to leave the decision process. Dennis Curtis reached between Microsoft and the This settlement is very strong and requires 185 Brooktrail Drive Department of Justice stand. Are we to cater Microsoft to make many changes. For Reno, NV 89509–2180 to everyone and anyone who does not like a example, January 7,2002 particular judicial decision? We need to Microsoft will be required to disclose Attorney General John Ashcroft, USDOJ concentrate on our economy now, and letting information concerning certain internal 950 Pennsylvania Avenue, NW Microsoft get back to business is one way to interfaces in Windows.Microsoft’s Washington, DC 20530 do this. competitors will also be free to sue Microsoft Dear Mr. Ashcroft: Thank you. if they feel the company is not complying I am writing to articulate my support in Sincerely, with the agreement. Beyond that, Microsoft regards to the antitrust settlement between Susan Taddeo Abraczinskas has agreed to be monitored throughout the Microsoft and the US Department of Justice. Cc: Sen. Rick Santorum entire process to ensure that they are As a conservative Republican, I know free following proper procedure. enterprise should be given more freedom to MTC–00030973 The concessions that Microsoft has made operate and innovate, instead of being pulled 1–10–2002 9:19AM speak volumes to the fact that they want to under the reign of the federal government, as FROM 000000000000 help the IT sector get back to business. Let has happened with the antitrust case. At any ARTHRITIS FOUNDATION us help support the agreement by letting the rate, I am happy to see that the issue is being PAGE 01 terms speak for themselves. settled and I really hope that no further January 9, 2001 Let us help not only our technology action is brought against Microsoft, Ms. Renata Hesse industry, but all industries which utilize particularly as the settlement opens the door Trial Attorney technology such as insurance and finance, for increased competition. The settlement Antitrust Division move forward and help get our economy back will make non-Microsoft software more Department of Justice on track. efficient on a Windows platform as 601 D Street NW, Suite 1200 Sincerely, programmers become more familiar with the Washington, DC 20530 Kenneth Sherman, CPCU, ARe aspects of the Windows operating system that Dear Ms. Hesse: Senior Vice President were a secret up until now. With regards to the Microsoft proposed cc: Senator Rick Santorum I also look forward to future product settlement: The technology industry is growth and development from Microsoft as extremely competitive. Some of the very best MTC–00030975 well as its competitors. I believe this minds in the country are involved in the 01/09/2002 21:48 HOUSE SPEAKER- JIM settlement will facilitate that end. Thank you technology sector. Some of those minds work BLACK 82023071454 NO.210 01 for your time, and the work you have done for Microsoft. I believe that the ability that NORTH CAROLINA GENERAL ASSEMBLY to bring this about. This administration is allowed this company to become a leader in SPEAKER OF THE HOUSE like a breath of fresh air and I believe you are its industry will also help them comply with JAMES B. BLACK doing a great job. Thanks! the terms of this agreement. They will have RALEIGH 27601–1096 Sincerely, to be more flexible and more open to the Ms. Renata B. Hesse Dennis L. Curtis needs of other firms. But moving beyond this Antitrust Division cc: Senator John Ensign lawsuit will allow the company to continue U.S. Department of Justice cc: Senator Larry Reid to provide innovative products like they have 601 D Street NW in the past. The settlement seems to be very Suite 1200 MTC–00030978 equitable. For example, the provision that the Washington, DC 20530–0001 FROM : 20 largest computer makers will be able to Via facsimile: (202) 307–1454 FAX NO. : obtain Windows under the same terms Re: Support for Microsoft Settlement Jan. 09 2002 10:43PM P1 conditions and price is a very fair provision. Dear Ms. Hesse, 105 Zernich Drive The time has come to settle this case. I look I am writing to express my support for the Aliquippa, Pennsylvania 15001 forward to hearing that good news in the near settlement that the Department of Justice and January 9,2002 future. several states, including North Carolina, have Attorney General John Ashcroft
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US Department of Justice 16420 N. Thompson Peak Parkway Unit 2141 and return the original message to us at the 950 Pennsylvania Avenue, NW Scottsdale, Arizona 85260 above address via the U.S.Postal Service or Washington, DC 20530–0001 January 9,2002 Federal Express, at our cost. Thank You** Dear Mr. Ashcroft Attorney General John Ashcroft JAN–10–2002 14:06 508 799 1015 P.02 I am writing you today to express my US Department of Justice CITY OF Worcester feelings in regard to the recent settlement 950 Pennsylvania Avenue, NW MASSACHUSETTS between Microsoft and the Department of Washington, DC 20530 DENNIS L. IRISH Justice. I am a staunch supporter of Dear Mr. Ashcroft: COUNCILLOR-AT-LARGE Microsoft, and I feel this settlement is fair I am writing to express my support for the 36 Server Street and reasonable. After three years of court recent settlement between Microsoft, the Worcester, MA 01609 battles, I would truly like to see this dispute Department of Justice and nine of the Telephone resolved. participating states. While I did not agree Home: (508) 798–5729 This settlement contains provisions that with the original litigation against Microsoft, Office: (508) 799–1049 are beneficial to the entire technology deeming it frivolous and an unnecessary Fax: (508) 799–1015 industry. Under this agreement, Microsoft persecution of a successful company, this E-mail:[email protected] must design future versions of Windows to settlement has the interest of competition January 10,2002 make it easier to install non- Microsoft and fair business practices at heart. The Renata Hesse software.Microsoft must also disclose terms of the settlement are broad, and go Trial Attorney information about certain internal inter faces beyond the scope of what the original Antitrust Division in Windows. With all of this, Microsoft has grievances filed by the government. Department of Justice even agreed to be monitored during this This settlement contains a series of 601 D Street NW, Suite 1200 entire process to make sure that they are provisions that do nothing but increase the Washington, DC 20530 following procedure.In my opinion, sharing of information with the expected VIA FACSIMILE 202–616–9937 Microsoft and Bill Gates have contributed result of increasing knowledge, innovation Dear Attorney Hesse: positively to our economy and country. and industry advancement. One of these I would like to comment regarding the During these difficult times, one of our terms require Microsoft to license intellectual proposed settlement in the Microsoft highest priorities should be to improve our property instead of vigorously protecting it, lawsuit.As a City Council, I represent an lagging economy. Allowing Microsoft to doing this in order to ensure that Microsoft older city, which is the second largest city in devote its resources to innovation, rather does not monopolize key technology. Massachusetts.I would like to add my voice than litigation, will help our economy a great Additionally, Microsoft has now agreed to a to the proposed settlement in the Microsoft deal. Thank you for your support. uniform pricing standard for computer lawsuit. I fully support the Agreement’s Sincerely, manufactures, and to allow software approach of directing part of the settlement distributors to enhance, change or remove towards public schools. Scores of children MTC–00030979 Microsoft products from the software without attend schools with scant resources, which JAN-9–2002 10:35P FROM:E J ALPIN CO 215 the threat of retaliatory business practices. undermine the educational process. 943 2336 Perhaps most importantly is Microsoft’s We have all heard about the digital divide TO:12023071454 willingness to submit to a government that exists along socio-economic lines. This P:l/l appointed technical oversight committee that divide has an adverse effect on public E.J. ALPIN & ASSOCIATES will work to ensure that the company is education. Recent research claims that 82% January 9,2002 complying with all of the above terms of the of classrooms in higher income communities Attorney General John Ashcroft settlement. have Internet access while classrooms in US Department of Justice For these reasons, I support the settlement poorer communities have a 60% connection 950 Pennsylvania Avenue, NW and hope to see it implemented soon. rate. Washington, DC 20530 Sincerely, I support the aims of the Settlement Dear Mr. Ashcroft: Mike Gorski Agreement that has been proposed, for these I am writing this letter to take advantage reasons.This agreement will provide some of MTC–00030981 of the Tunney Act, and have my opinion go our poorer students with access to on record. I was not in favor of any litigation JAN–10–2002 14:06508 799 1015 P.O1 technology. The ]agreement, which calls for against the Microsoft Corporation in the first Facsimile Cover Sheet Microsoft to provide 200,000 computers to place, but since a settlement has finally been To: Renata Hesse eligible schools at almost no cost, will be a reached, we need to move on. The settlement Company Department of Justice great resource to older school districts. is as fair as it could be, and I wish to see no Phone I urge the Court to approve the proposed further legal action taken against Microsoft. Fax: 202–616–9937 Agreement. There are still nine states that are From: Andrea Glass Sincerely yours, continuing with litigation against the Office of the City Council Dennis L. Irish Microsoft Corporation, and they are just City:Hall-Room 112 Councillor-at-Large wasting their budgets and angering their 455 Main Street DLI/alg TOTAL P 02 citizens. I was relieved to see that the Worcester, MA 01608 MTC–00030982 Department of Justice and Microsoft could Phone: 508–799–l049 agree to terms, but wish it never had to come Fax: 508–799–1015 Sent By: Town of Littleton; to that in the first place. The settlement was Date: 1/3/02 Renata Hesse actually reached after extensive negotiations Pages including this cover page: 2 Trial Attorney with a court-appointed mediator, and Letter from Councillor-at-Large Dennis Irish. Antitrust Division Microsoft agreed to terms that extend way The Information contained in this facsimile Department of Justice beyond what was at issue in the lawsuit. message is privileged or confidential 601 D Street NW, Suite 1200 A settlement has been reached and it is information intended only for the use of the Washington DC, 20530 time to put this behind us. individual or entity named above. If the 978 952 2718; Jan-10–02 13:59; Sincerely, reader of this message is not the intended OFFICE OF THE Gene Alpin recipient, or the employee or agent BOARD OF SELECTMEN cc: Senator Rick Santorum responsible to deliver it to the intended January 8.2002 16 Limewood Road, Levittown, PA 19056 recipient, you are hereby notified that any Page 1 215/547–5678 FAX: 215/943–2336 dissemination,distribution or copying of this Dear Attorney Hesse, communication is neither a11owed nor I would like to take this opportunity under MTC–00030980 intended. If you have received this the federal Tunney Act review provisions to 01/09/2002 19:05 480–513–4638 GORSKI communication in error, please immediately voice my opinion regarding the pending PAGE 01/01 notify us by telephone at the above number, Microsoft antitrust case. It is my
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understanding that Judge Colleen Kollar 978 952 2718; support the Agreement’s approach of Kotelly is presently considering the merits of Jan–10–02 13:56; directing part of the settlement towards a settlement agreement to end the case that Page 11FP-2≤J & P CONSTRUCTION public schools. We have all heard about the has been reached between Microsoft and the COMPANY digital divide that exists along socio- government lawyers. It is also my JOEL PRUITT, President P.O. BOX 293, economic lines. This divide has an adverse understanding that this settlement is opposed SUDBURY, MA 01776 effect on public education. Research States by Microsoft’s industry competitors. Let me TELEPHONE: (508) 443–0260, (617) 243– that 82% of classrooms in higher income state my support for the proposed 7530 communities have Internet access while only agreement,and my hope that it is adopted. January l0,2002 60% of classrooms in poorer communities My perspective is twofold in that I work in Attorney Renata Hesse are connected. the finance department of a small software Antitrust Division This inequity is creating two classes of company, and I also serve on the Finance Department of Justice people, those with computer skills and those Committee of my hometown, a community 610 D Street NW, Suite 1200 without. In this day and age we cannot afford whose economy is very much effected by the Washington DC 20530 to have students or workers whose computer information technology sector.From both Re: Microsoft antitrust case skills are lacking.For this reason, I support these vantage points, I am able to see the Dear Attorney Hesse, the aims of the Settlement Agreement that negative impact of the case, or more It is my understanding that the Justice has been proposed. This agreement will importantly the potential positive impact of Department is now taking publiccomments provide students with access to technology. its conclusion. The industry at present is regarding the Microsoft antitrust case, and The agreement calls for Microsoft to tentative in many ways, high tech companies the settlement agreement that has been provide200,000computers to eligible schools having suffered disproportionately the effects worked out. Let me say that I am in full at almost no cost. of the current recession. The promise of an support of the settlement agreement, and am I urge the Court to approve the proposed even greater government presence in the opposed to continuing the case any further. Agreement.Sincerely yours,Gerard D’Amico market does not help, even if it is Microsoft My small business like many others uses who is being targeted. products made by Microsoft and other MTC–00030986 The prospect of a settlement however companies, I have always found that the FROM : HILL TAX could have a very positive impact on the industry is competitive and innovative. PHONE NO.: 715 834 7383 psyche of the high-tech world: not only There is never any shortage of options or new Jan. 09 2002 01:10PM P1 would Microsoft, and her competitors be free ideas, and the competition is evident in the January 10. 2002 to get back to business, but the threat of more increased efficiency that has come along with Attorney General John Ashcroft regulation would be abated, encouraging attractive prices. It doesn’t seem clear where US Department of Justice more entrepreneurship. I believe the outcome the monopoly is; I think it looks like a lot of 950 Pennsylvania Avenue, NW would be profoundly beneficial to the other companies trying to get the government Washington, DC 20530 industry and to the economy as a whole. to do their bidding. Dear Mr. Ashcroft: It is for these reasons that I ask that the What this country needs is not a bigger role I am writing you today to express my Justice Department recommit itself to settling for the government in picking sides in the feelings in regards to the Microsoft settlement the case. software industry. What it needs is for issue. I feel that this settlement is fair and Sincerely, Microsoft and everyone else to get back to reasonable, and I am anxious to see this William Ingham making products, and growing the economy. dispute resolved. I believe it will be in the MTC–00030983 Believe it or not, it really effects small public interest to stop litigation against Sent By: Town of Littleton; construction outfits like mine. Microsoft. 978 952 2718; I hope the Justice Department will stick to As an IRS Enrolled Agent, I have been Jan–10–02 13:57; their proposal, and urge the judge to accept using Microsoft products since the early 80’s. Page 1/1 the deal to end the court battle. Have been very satisfied with the quality of John S. Adams Sincerely, Microsoft software. Interference from the 31 Snow Drive Joel Pruitt government on this issue will result in lesser benefits to myself as a consumer. This Littleton, Massachusetts MTC–00030985 01460 settlement will allow Microsoft to devote its Trial Attorney Renata Hesse JAN–10–02 12:33 PM DAMICO 5087999819 precious resources to designing innovative Dept. of Justice / Antitrust Division P. 01— software, rather than paying court fees. 601 D Street NW, Suite 1200 Gerard D’Amico Microsoft has offered to grant its competitors Washington, DC 20530 358 Salisbury Street access to information on Windows, and it Dear Attorney Hesse, Worcester, MA 01609 will not retaliate if other independent I am a senior citizen, and an investor who January 10,2002 companies promote their software within is upset with the actions of our government Renate Hesse Windows. There will be an oversight in the Microsoft case. I know what antitrust Trial Attorney committee that will ensure Microsoft law is there for, and I don’t believe harassing Antitrust Division complies with all of the agreed upon terms one of our most important companies at the Department of Justice of the current settlement. This will benefit behest of their competitors is the reason. 601 D Street NW, Suite 1200 the economy, the technology industry, and I hope that judge Colleen Kollar Kotelly Washington, DC 20530 consumers. sees the wisdom in ending the case. The VIA FACSlMlLE 202–616–9937 I support this settlement and hope the proposed agreement is a great chance to stop Dear Attorney Hesse: federal government will discontinue this errant mission, and give the economy a I would like to add my comments to the litigation against Microsoft at the federal chance to recover. I support the settlement, record regarding the impending settlement in level. Please do your part to look out for and I ask those of you in the decision-making the Microsoft lawsuit. consumers,Thank you for your support. process to consider the needs of retirees such As a Former State Senator, who was Sincerely as myself who have invested in America, and chairman of the Senate Education Committee MTC–00030988 are depending on pensions and stocks to get and Director of the Massachusetts Literacy by. Campaign, I saw the effects of the digital 9206 Tiverton Way I am grateful for the opportunity to have divide first hand. Scores of children attend Louisville, Kentucky 40242 my opinion heard in this debate. schools with scant resources, which January 7,2002 Regards, undermine the educational process. Attorney General John Ashcroft John Adams Unfortunately, the digital divide also effects US Department of Justice working class parents as well. 950 Pennsylvania Avenue, NW MTC–00030984 I would like to ad my voice to the proposed Washington, DC 20530 Sent By: Town of Littleton; settlement in the Microsoft lawsuit. I fully Dear Mr. Ashcroft:
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I want you to know that I support January 10, 2002 PAGE 01 Microsoft and think that it’s high time that Attorney General John Ashcroft *P.O. Box 8A*East you all leave that company alone. I hope that US Department of Justice Stroudsburg*Pennsylvania*18301* the Justice Department sticks to their 950 Pennsylvania Avenue, NW January 9,2002 settlement and can do whatever it can to get Washington, DC 20530 Attorney General John Ashcroft the rest of the states to agree to it as well. Dear Mr. Attorney General Ashcroft: US Department of Justice Microsoft will help its competitors use Your stellar decision to finally end the 950 Pennsylvania Avenue, NW Windows with non-Microsoft software, and Clinton Administration’s antitrust lawsuit Washington, DC 20530 will be subject to the review of a against Microsoft is much appreciated. In my Dear Mr. Ashcroft: governmental oversight committee, and that’s opinion, no more action should be taken at I have been asked so submit my opinion enough for any company.It’s good that the federal level. regarding the Microsoft litigation.I Microsoft can use its time and resources on The settlement makes quite a difference. thoroughly believe that litigation against more important matters, like improving their Under the agreement,computer Microsoft in the antitrust case was current products. And since they have such manufacturers are granted new rights to unjustified and not in the best interest of the a direct impact on our economy, it will be configure systems with access to various American public. I am happy to see that nice to have them back to help in this Windows features. Also, Microsoft is Microsoft will not be broken up which could recession. required to design future versions of have lead to another Ma Belldebacle. Thank you for taking time to hear the Windows to make it easier to install non- However, it still makes concessions to its public’s opinion in this matter. I think that Microsoft software and to disclose opponents to bring an end to the suit. more people should hear what the average information about certain internal interfaces Microsoft should have not to document person has to say about issues like this and in Windows. and disclose various interfaces that arc not just their legislators. Your leadership is exemplary. Your internal to its Windows’’ operating system Sincerely, decision is correct, After all,competitors can with out receiving a fee from the prospect Jon Borie also sue Microsoft if they don’t think the wanting to run on Microsoft’s platform. 01/10/2002 13:34 FAX 502 933 7490 P&P company is complying with the agreement. Microsoft worked long and hard to create this SOUTHWEST 001 Taxpayers’’ money should be spent for better technology and owns the rights to it. causes. Microsoft should not be aloud to prevent MTC–00030989 Sincerely yours, manufactures from promoting competitive Joshua Virkler products nor should Microsoft be bared from 1431 Bullis Rd. MTC–00030991 negotiating agreements that are exclusive to Elma, NY 14059–6956 Jan 10 02 10:50a BUSY BEE PRINTERS them. It is not the government’s place to force January l0,2002 5206251022 a business to not take part in promotions that Attorney General p.1 will compete for market share. This would be John Ashcroft Bob & Vi Greene to tie the hands of a companies sales and 950 Pennsylvania Ave NW 108 E. El Viento marketing efforts. Washington, DC 20530 Green Valley AZ 85614 These are concessions that seem to go Attorney General Ashcroft: (520)393–0635 against many of the principles on which the I am writing to let you know that I support [email protected] free enterprise system was founded. As the settlement being considered in the January 10,2002 restrictive as the concessions may be if MicrosoftAntitrust case.It is my Attorney General John Ashcroft Microsoft supports the settlement, then I understanding that you are taking comments US Department of Justice guess I can too. However I believe it sets a from consumers on how this will affectthem, 950 Pennsylvania Avenue, NW bad precedent since this case is theoretically being brought Washington, DC 20530 Sincerely, on behalf of us. I have been opposed to the Dear Mr. Ashcroft: George Andrews case against Microsoft from beginning, and I am happy to hear that a settlement has cc: Senator Rick Santorum now I feel strongly that it is in the best been reached between Microsoft and the MTC–00030993 interest of everyone to make this whole thing Department of Justice. This settlement was go away as soon as possible. reached after three years of litigation and 01/10/2002 12:22 7327872166 Consumers have been harmed far more by with the assistance of a court appointed GWSCLACEY the prosecution of this antitrust case than mediator and should be allowed to pass PAGE 01 anything ]Microsoft could have done to harm through public review.Microsoft, in my view, 91 Beacon Boulevard them. The only true monopoly in this has agreed to more than enough, and has Keansburg, NJ 07734 country is the Federal Government. It is the compromised more than any other company January 7, 2002 only entity that can enforce it’s will with has ever been asked to. Microsoft has agreed Attorney General John Ashcroft force. Every business in this nation must to share even more information about their US Department of Justice provide a product or service that people software design. In addition,Microsoft has 950 Pennsylvania Avenue, NW want, at abetter price than anyone else,in agreed to be under the constant monitoring Washington, DC 20530 order to have any influence upon anything. of a government created technology Dear Mr. Ashcroft: The same cannot be said about government. committee, which will review Microsoft’s I would like to go on record as being a Thank you for your time and software codes and books. This committee supporter of the settlement that was reached consideration. Also, thank you very much for will ensure that Microsoft abides by the last November between Microsoft and the the way you have conducted yourself in agreement.Our federal government and Justice Department, which brought an end to office so far. You have been a model of Microsoft have been in battle for three the antitrust lawsuit. integrity, and have very closely mirrored my years.Allowing Microsoft to create and For three long years the Department of views on issues that you have faced. Keep up innovate, not litigate, would be a huge step Justice and Microsoft engaged in costly the good work! in that direction. Beyond the good of litigation, and finally a settlement was Sincerely, Microsoft, this settlement is in the public reached. Although the restrictions that have Joshua Virkler interest, allows the fostering of competition been placed on Microsoft are harsh and across the entire industry and sets a positive undeserving, I am just glad to see this come MTC–00030990 benchmark for future similar issues. to an end. I hope that the settlement will JAN–10–2002 01:03PM PATRICIA A Sincerely, encourage the states that have yet to settle to ARNOLD Robert Greene change their minds. 212 862 1306 I appreciate your time, and again, I support P. 01 MTC–00030992 the settlement between Microsoft and the P.O. Box 8064 01/10/2002 13:27 5704769235 GEORGE Justice Department. New York, NY 10116–8064 ANDREWS Sincerely,
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Suzanne Lacey MTC–00030996 both its software and its use by its OEM customers. This may be true, but the terms MTC–00030994 TO JAN-10–2002 12:54 FROM WAYTEK INC of the settlement adequately address this. FROM : Panasonic FAX SYSTEM Waytek, Inc. OEMs are well-protected by this settlement, PHONE NO. : 650 588 9176 January 10, 2002 since the settlement requires Microsoft to Jan. 10 2002 10:45AM P1 Attorney General John Ashcroft design Windows so that OEMs can easily 150 Minorca Way U.S. Department of Justice reconfigure Windows to add access features Millbrae, California 94030 950 Pennsylvania Avenue, NW to non-Microsoft software. They are also January 8, 2002 Washington. DC 20530–0001 protected by the new licensing arrangement. Attorney General John Ashcroft Dear Mr. Ashcroft, It is time to turn our attentions to more US Department of Justice It must be agreed by all that Microsoft has relevant and important issues facing us 950 Pennsylvania Avenue, NW always maintained an attitude of arrogance today. It’s time to put this behind us. Washington, DC 20530 with respect to its OEMs and to software Sincerely, Dear Mr. Ashcroft: developers. but this attitude should never, in Greg Marone As a supporter of Microsoft, I write to you my opinion, have facilitated an actual IT Director with appreciation of the settlement that has lawsuit against them by our government. Jan. 10. 2002 12:25PM been reached in the antitrust battle between Certainly, as the IT community matures, MASTECH9498511779 No.2341 P. 1 this company, and the Department of Justice. there will be enough competitive pressure MTC–00030998 After three years of negotiating, it seems that brought to Microsoft to have forced them into all voices have been heard, and the a position of greater cooperation. FORM : Panasonic FAX SYSTEM agreement is beneficial to all involved. It is my belief that these kinds of issues do PHONE N0. : 7042589930 During this time of strained economy, it is not fall under the purview of our Jan. 10 2002 03:55PM P1 evident that we need to support our industry, government. 556 Crowfields Lane and let business get back to business. The This lawsuit has created a tremendous Asheville, North Carolina 28803 January 10, 2002 stage has been set for the competitive process amount of anxiety and uncertainty within the Attorney General John Ashcroft to take hold, and it is time to let the IT sector IT community that it has been responsible, in US Department of Justice get back to work. Our Technology Industry part, for the recession that is with us even 950 Pennsylvania Avenue, NW needs our support so that it may continue to today. Washington, DC 20530 hold its position in the world marketplace. This settlement, however. signals the end Dear Mr. Ashcroft: By further reviewing the terms of the of the government’s hostility towards I am writing you to thank you for allowing agreement we delay the process even longer. Microsoft and will aid the entire IT Microsoft to get back to work. Why should we use our precious resources community by dispelling the uncertainty. It will improve licensing and contractual The settlement plan for Microsoft’s on an issue that is been over-discussed? agreements, so that they cannot be used as antitrust case is more than an adequate Thank you for letting us support our leverage against other companies. remedy to the complaints of Microsoft’s technology industry, and our economy as a Moreover, the settlement will be enforced competitors and critics. Microsoft will share whole, by making sure that no more legal by a Special Technical Committee, whose information with its competitors about action is taken against Microsoft. sole purpose is to watch Microsoft. I am Windows, and this will allow them to more Sincerely, hopeful that this review process will easily install their own software on the Russell Beardsley vindicate the settlement. operating system. Ultimately this will benefit MTC–00030995 Sinerely, all of the technology industry. Daniel Safeer At a time of a weakening economy I think FROM : Panasonic FAX SYSTEM P.O. Box 10, it is only sensible to end this controversy. PHONE NO. : 650 588 9176 Jan. 10 2002 West Berlin, NJ 08091 Further sanctions for or restrictions on 10:46AM P2 (856) 346–9310 Microsoft will prove to be counterproductive. 150 Minorca Way Fax (856) 346–0557 This country needs this company to continue Millbrae, California 94030 to thrive and to lead the Information MTC–00030997 January 8, 2002 Technology Industry into this new and Dear Mr. Ashcroft: MASTECK dangerous century. Attorney General John Ashcroft Corporate Office I thank you for supporting this company US Department of Justice 1340 Reynolds Avenue and for reaching a fair and just settlement. 950 Pennsylvania Avenue, NW Washington, Suite 105 Sincerely, DC 20530 Irvine, CA 92614.5502 Gerd Smith I wanted to write to thank you for the work 949.851.2279 that you have done in the Microsoft antitrust 800.248.6279 MTC–00030999 dispute, and for the role that you played in Fax 949.851.1779 FROM : HILL TAX reaching the long overdue settlement that www.MastechInc.com PHONE NO. : 715 834 7383 finally came to fruition. Houston Branch Jan. 10 2002 08:59AM P1 Since the anti-trust suite has been settled 12602 Pine Bough Ln Randal J Hill in the interest of all parties I hope there will Cypress,TX 77429–2241 811 Garden St be no further legal action taken against 281.373.5759 Eau Claire WI. 54703 Microsoft. After all, the terms of the Fax281.373.9501 715 834 7379 settlement Were well thought-out and are January 9,2002 January 10, 2002 very reasonable, including increased Attorney General John Ashcroft I am writing you today to express my government- oversight of Microsoft’s US Department of Justice, feelings in regards to the Microsoft settlement business practices and uniform rules for 950 Pennsylvania Avenue, NW issue. I feel that this settlement is fair and licensing Windows to computer makers. Washington, DC 20530–0001 reasonable, and I am anxious to see this Our economy has suffered a great deal, and Dear Mr. Ashcroft, dispute resolved. I believe it will be in the it is time to support it by letting our Much has been said about this lawsuit public interest to stop litigation against technology industry get back to business. between the Department of Justice and Microsoft. This agreement will benefit both consumers Microsoft. Now that it has reached a As an IRS Enrolled Agent, I have been as well as the IT sector as a whole. I support settlement stage, it is my hope that we can using Microsoft products since the early 80’s. this settlement, and hope to see it put this entire unfortunate episode behind I have been very satisfied with the quality of implemented soon. us. Microsoft software. Interference from the Sincerely, There is a public perception that Microsoft government on this issue will result in lesser Helen Beardsley may we11 have been a bit too protective of benefits to myself as a consumer. This
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settlement will allow Microsoft to devote its there is one component of the agreement that Committee that will monitor Microsoft’s precious resources to designing innovative will help scores of school children in the city compliance with the settlement and assist software, rather than paying court fees. of Worcester: Microsoft will provide 200,000 with dispute resolution. The government did Microsoft has offered to grant its competitors computers to eligible schools at almost no the same thing to Bell Telephone Company access to information on Windows, and it cost. I applaud the Agreement’s approach of back in the late 1970’s. The results were will not retaliate if other independent directing part of the settlement towards tragic and I fear that the government did not companies promote their software within public schools. take into account the future impact and this Windows. There will be an oversight We have all heard about the digital divide too will have a tragic effect on technology committee that will ensure Microsoft that exists along socio-economic lines. This and the entire world. It appears that the complies with all of the agreed upon terms divide has an adverse effect on public Federal Government, at taxpayer’s expense, of the current settlement. This will benefit education. Research states that 82% of won’t stand for progress and will do the economy, the technology industry, and classrooms in higher income communities everything it can to penalize or destroy the consumers. have Internet access while only 60% of guy ‘‘out front,’’ such is the case with I support this settlement and hope the classrooms in poorer communities are Microsoft. Microsoft has transformed the face federal government will discontinue connected. of the planet for the better and should be left litigation against Microsoft at the federal For this reason, I support the aims of the alone once and for all. Please finalize this level. Please do your part to look out for Settlement Agreement that has been settlement as soon as possible. Thank you. consumers. proposed. This agreement will provide Sincerely, Thank you for your support. students in my district, as well as throughout Steven Golden Sincerely, the Commonwealth, with access to MTC–00031004 Randall Hill technology that has been to costly for communities to purchase. Jan 11 02 10:08a p.1 MTC–00031001 Thank you for your time and consideration FAX COVER SHEET JAN-11–2002 09:13 AM on this manner. LINDA AND JERRY LEADS REP. VINCENT A. PEDONE Sincerely yours, 722 POMELO DRIVE 508 791 7400 P.01 Vincent Pedone VISTA, CA 92083 VINCENT A. PEDONE State Representative (760) 724–3433 STATE REPRESENTATIVE fax (760) 724–7749 ROOM 540 MTC–00031003 SEND TO TEL: (617)722–2080 Jan.1O. 2002 11:13AM 7144450201 EMS Company name ATTORNEY GENERAL The Commonwealth of Massachusetts No.3169 P. l/l From House of Representatives 7026 Via Ostiones JERRY LEADS State House, Boston 02133–1020 Carlsbad, CA 92009–6614 Attention Committees: January 11, 2002 MR. JOHN ASHCROFT Ways and Means Attorney General John Ashcroft Date Energy US Department of Justice, 1/11/02 Housing and Urban Development 950 Pennsylvania Avenue, NW Office location January 11, 2002 Washington, DC 20530–0001 WASHINGTON DC Renata Hesse Dear Mr. Ashcroft Office location Trial Attorney The antitrust lawsuit leveled against VISTA, CALIFORNIA Antitrust Division Microsoft by the Federal Government was Fax number Department of Justice completely unfounded and totally 1202–3071454 601 D Street NW, Suite 1200 unjustified. However, since a settlement was Phone number Washington, DC 20530 reached between the parties, it should be 760 724–3433 VIA FACSlMILE accepted and finalized by the courts as soon Urgent Reply ASAP Please comment X Please Dear Attorney Hesse: as the public comment period ends. I review For your information I would like to add my comments to the personally feel the main tenets of the Total pages, including cover: 2 record and add my voice to those in support settlement go too far, are not fair to Microsoft COMMENTS of the proposed settlement in the ongoing and hurt the ideals of free enterprise and I strongly URGE you to cease all Federal Microsoft lawsuit. capitalism. Microsoft could easily go on action against Microsoft now that a As a State Representative from Worcester, fighting this thing out in the courts for years. settlement has been reached. Thank you for Massachusetts who represents an older urban However, Microsoft has very nobly agreed to your help in this matter district, including some of the poorest areas accept and abide by the terms of the Sincerely of the city, I felt it is important for me to offer settlement instead of wasting millions of Jerry Leads some thoughts regarding the proposed taxpayer dollars in round after round of court Jan 11 02 10:09a settlement. battle with the Federal Government. P.2 The Commonwealth of Massachusetts has For all intents and purposes the Federal LEADS made educating our children the top priority. Government won this case and should be Linda and Jerry Leads Over the past seven years, the Massachusetts very pleased with the outcome. The fact that 722 Pomelo Drive legislature has redoubled its efforts relative to Microsoft will now be forced to grant Vista, California 92083 funding of the public education system in the computer makers broad new rights to Attorney General John Ashcroft state. configure Windows so as to promote non- US Department of Justice This was in response to a commitment by Microsoft software programs that compete 950 Pennsylvania Avenue, NW the legislature to bring the Massachusetts with programs included in Windows is proof Washington, DC 20530–0001 Public School System into the 21st’’ century. that the Federal Government has met its January 10, 2002 With this in mind, we have also made objective. Additionally, Microsoft will be Dear Mr. Ashcroft; available capital funds and grants to upgrade forced to document and disclose its various As a user of Microsoft’s software and our schools computer systems and school interfaces that are internal to Windows’’ component product, and as a supporter of technology. However, because of new and operating system products—a first in an their mission and phi-losophy, I strongly innovative advances in computer systems antitrust settlement. Furthermore, Microsoft urge you to oppose any additional federal software and internet connections, systems must make available to its competitors any action against Microsoft now that a that were purchased just five years ago are protocols implemented in Windows’’ settlement has been reached. After three+ obsolete. Staying ahead of the technology operating system products that are used to years of dealing with frivolous litigation, curve is attainable, but very costly. interoperate natively with any Microsoft Microsoft and the department of Jus- tice Although I am not familiar with the server operating system. Finally, Microsoft have come to an agreement that is fair, intricacies of the agreement, I do know that has agreed to a three-person Technical judicious, and reasonable, and should be
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allowed to stand on its own merits. I This settlement will tackle the issues p. 1 passionately disagree with any attempt by involved in the original suit as well as others John M. Gorman any government official to delay the that arose over the past three years. The 14 Red Fox Court implementation of this settlement agreement settlement states that Microsoft must not Tinton Falls, New Jersey 07753 or to enter into any further litigation with enter any contracts that may prevent software January 7, 2002 Microsoft. While Microsoft continues to developers from developing or promoting Attorney General John Ashcroft innovate the premier operating system and software that competes with Microsoft, For US Department of Justice office productivity software in the industry, hardware makers, Microsoft has agreed to 950 Pennsylvania Avenue, NW this settlement an- swer many, if not all, of provide rights to its Windows operating Washington, DC 20530 the government‘s concerns with Microsoft’s system to the 20 largest at equal terms and Dear Mr. Ashcroft: business practices. the agreement pro- vides conditions, including the price. I was recently informed that there might be for a government technical oversight It is necessary that those who are involved, even further action against the Microsoft committee, which will be responsible for in the suit put aside their differences and settlement. Three years of well thought out monitoring the company’s business, work to resolve this issue swiftly. The negotiations should prove themselves. marketing and licensing practices. government has intervened in this case for Microsoft has bent over backwards to Additionally, the settlement’s terms too long; it is time to stop all action at the accommodate other software companies, and require Microsoft to allow computer federal level and get back to the business of is still being dragged through the mud. It is manufacturers to configure their systems innovation. time to let the system move forward. Let the individually and forces Microsoft to design Sincerely, terms of the agreement speak for themselves. future software versions so that non- Gerald Riddle Ph.D. During this time of economic strain, we Microsoft soft- ware can be easily added to Vice President must work together to focus on our economy. the computers. Perhaps most importantly, Companies have to work together to keep our this settlement allows Microsoft’s MTC–00031006 place in the global market. Let’s not tear our competitors, including Apple, SUN From Michael H. Ohl 610.837–3157 To John IT sector apart, by encouraging war between Microsystems and IBM to sue Microsoft if Ashcroft these companies. Let us support our they believe that the company is not abiding Date l/11/02—Time 10:49:56AM technology industry in its time of need. by the terms of the settlement. Page 1 of 1 Please help support this settlement and This antitrust settlement provides the Vectors & Layers encourage our technology industry to work ability for Microsoft to continue to innovate Tel. (610) 837–7409 together. We need to make sure that no and to lead the in- dustry, while at the same Fax (610) 837–7409 further action is taken against this agreement. time correcting some of the perceived wrongs 508 HILLDALE DRIVE, BATH, PA 18014– I am counting on your support. committed in the past. 9143 Sincerely, During this time of shaky economies, and January 10,2002 John Gorman an unstable international environment, I am Attorney General John Ashcroft glad that you and your colleagues will now MTC–00031008 be concentrating on greater national priorities US Department of Justice 01/11/02 FRI 11:34 FAX 440 895 1568 besides the legal dealings of a successful 950 Pennsylvania Avenue, NW NEITZEL LUKE ASSOC. 001 corporation. Washington, DC 20530 MARK NEITZEL Thank you for not supporting any federal Dear Mr. Ashcroft: 3790 E Surrey Court intervention into this settlement. I am writing in response to the outcome of Rocky River, OH 44116 Sincerely the antitrust suit between Microsoft and the January l0, 2002 Jerry Leads Department of Justice. As both a home and Attorney General John Ashcroft, U.S. Phone: (760) 724–3433 workplace user of Microsoft products I am Department of Justice Fax:(760)724–7749 anxious to see a final resolution to the antitrust case. I understand that although a 950 Pennsylvania Avenue, NW MTC–00031005 settlement has been reached it is still up for Washington, DC 20530–0001 01/11/11/2002 13:03 7274460170 DATA debate as to whether or not it will be Dear Mr. Ashcroft, MANAGEMENT permanent. I am in agreement with the I feel very strongly that the government has PAGE 01/01 current settlement, and do not wish to see unduly and unfairly prosecuted Microsoft for DATA MANAGEMENT any further action taken against Microsoft. supposed antitrust violations. This ordeal has SYSTEMS INC. As a user of both Microsoft and their gone on long enough and I am writing to give Solutions You Can Depend Upon competitors’’ products I have on the whole my support and endorsement to the 1051 Cephas Drive o Clearwater, FL 33765 been greatly satisfied with the quality and settlement that was proposed between Tel. 727.443.4700 o Fax. 727.446.0170 flexibility of Microsoft products over others. Microsoft and the Justice Department. www.dmsus.com In fact, my business is having problems with The states that do not support the federal e-mail: lnfo @dmsus.com other companies Windows peripherals, such settlement should not be allowed to January 10, 2002 as Netscape Communicator not being able to undermine it, nor should Microsoft’s Attorney General John Ashcroft read HTML content sent through Outlook business adversaries. The settlement is fair US Department of Justice, 950 Pennsylvania Express. and reasonable, even making Microsoft give Avenue, NW Legal action against Microsoft affects a lot up trade secrets concerning its interfaces and Washington, DC 20530–0001 of people outside Microsoft itself. Right now protocols to the competition, and forcing Dear Mr. Ashcroft: more than ever we need a strong economic Microsoft to be straitjacketed into a stringent I believe that Microsoft has done much to backbone in the IT industry. That is why I licensing agreement. If the competitors have advance and yet simplify the information fully support the current antitrust settlement. problems, they can file more lawsuits, which age, not for just this country, but worldwide. Sincerely, I understand they intend to do. Therefore, the It is a shame to see the government interfere Michael H. Ohl states that settled should be allowed to move with Microsoft’s freedom to innovate and Owner, Vectors & Layers forward with it. It is their right to do so and Microsoft’s ability to continue to improve its cc: Senator Rick Santorum should not be hindered by politics. products Moreover, The Justice Department 508 HILLDALE DRIVE o BATH, PA o It goes without saying that settlement is is causing harm to the entire Information 18014–9143 preferable to litigation and that this lawsuit Technology industry by trying to break up a PHONE: (610) 837–7409 o FAX: (610) 837– has had a very negative impact on the ‘‘world class’’ company that has done so 3157 country’s economy as well as the technology much to make this country the dominant sector. This is a fact. It is also very ironic technological leader of the world. MTC–00031007 because the government’s presumed objective Fortunately, Microsoft has reached a Jan 11 02 10:43a of breaking up Microsoft in order to help the settlement with the Department of Justice John M. Gorman ‘‘little guy’’ who couldn’t compete regarding the antitrust suit. 732 922 0636 successfully against Microsoft has had the
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opposite effect, and everyone is now very reasonable price that any small business between Microsoft and the US Department of suffering. can easily afford. If Microsoft’s competitors Justice. I feel that this settlement is fair and I support the settlement that was reached. are not capable of or unwilling to produce a is in the best interest of the public. I strongly It is good for the economy, the IT industry, comparable system that is competitively support the end of this litigation. and consumers. priced why should consumers like me be Under this agreement, Microsoft must Sincerely, penalized? It seems to me this is why they share more information with other Mark Neitzel have spent more money and time on lobbying companies to make it easier to compete. legislators than on research and Microsoft must also be monitored closely for MTC–00031009 development. This has obviously worked compliance to this agreement. This FROM : eHIRE since one of the terms in the settlement is settlement also allows Microsoft to devote its FAX NO. : 2126790704 that Microsoft is going to have to turn over resources and time to designing innovative Jan. 11 2002 10:38AM P1 source code and information about the design software, rather than litigation which will eHire of Windows. benefit all of us. 40 Fulton Street 19th Floor I appreciate the fact that my opinion can During these difficult times, one of our New York, NY 10038 go on record, and again, I fully support the highest priorities should be improving our Tel. 212.513.7160 Microsoft settlement. slowing economy. Restricting Microsoft will Fax: 212.513.7001 Sincerely, not achieve this but also waste valuable time January l0, 2002 Tom Morris and resources. Thank you for settling with Attorney General John Ashcroft Microsoft. cc: Senator Rick Santorum United States Department of Justice MTC–00031011 Sincerely, 950 Pennsylvania Avenue, N. W. 01/11/2002 11:23 7046678312 G Egon Dezubay Sc. D., P.E. Washington, DC 20530–0001 PAGE 01 Dear Attorney General Ashcroft: 002 MTC–00031013 I am writing to comment briefly on the Dee Ann Henderson 01/11/2002 13:59 7245377806 settlement that was reached between the 21 Fairfield Drive CLAUDE G MYERS Justice Department and Microsoft in the Candler, North Carolina 28715 PAGE 01/01 antitrust case. It is in America’s best January 10, 2002 Horace Mann economic interest, and the public interest to Attorney General John Ashcroft Insuring America’s Educational execute this settlement and move on. This US Department of Justice Community case has kept Microsoft tied up with 950 Pennsylvania Avenue, NW Retirement Annulzies and litigation for three years. It does not make Washington, DC 20530 Life, Auto, Homeowners and Group economic sense to do this to someone who Dear Mr. Ashcroft: Insurance is guilty only of offering the best, most I was pleased to hear that the Department The Horace Mann Companies innovative product in the marketplace. The of Justice had settled its antitrust case against 721 Spring St. settlement has been carefully negotiated by Microsoft. The case had gone on for far too Latrobe, PA 15650–2023 court appointed moderator, and goes beyond long, and the nation had suffered for it. There Bus./Fax (724) 637–7806 addressing the concerns of competitors and is no need to waste taxpayer dollars on this Claude G. Myers, Representative the government who felt unfairly shut out of topic anymore, especially when there are January 10, 2002 the market. many other important issuer at hand. I fully Attorney General John Ashcroft It is time for everyone in the computer support the settlement that has been reached. US Department of Justice industry to stop spending their resources on Some of Microsoft’s critics may say the 950 Pennsylvania Avenue, NW litigation, to accept this settlement as nine settlement isn’t hard enough on Microsoft, Washington, DC 20530 good states have, and get back to the business but they would be incorrect. Under the Dear Mr. Ashcroft: of innovation for American leadership. settlement, Microsoft will share information I am writing you today to express my Sincerely, with its competitors, which will allow them feelings in regards to the settlement that was Joe Sabrin to more easily place their own software on reached on November 6, 2001, between Microsoft’s operating system. This measure Microsoft and the Department of Justice. I MTC–00031010 alone would greatly immense competition in believe this settlement is fair and reasonable, 01/11/2002 11:23 6144519599 LORMS AND the technology market, but Microsoft has and I am anxious to see this dispute resolved. BELFRAGE PAGE 01/01 agreed to even more. Microsoft will also I sincerely hope that there will be no further Morris agree to adhere to a uniform pricing list when action against Microsoft at the Federal level. Real Estate Service licensing Windows out to the twenty largest This settlement contains provisions that 1900 Crown Park Court computer manufacturers in the country, foster competition and are beneficial for the Columbus, Ohio 43235 P 614.536.2628 F forgoing standard market pricing technology industry. Microsoft has pledged 614.451.9599 E mechanisms. Additionally, Microsoft will be to share more information with other [email protected] monitored full time by a technical review companies, create more opportunities for January 11, 2002 committee to ensure that it follows the other companies, and give consumers more Attorney General John Ashcroft dictates of the settlement. choices. Under this agreement, Microsoft US Department of Justice For these reasons, I am in full support of must design future versions of Windows to 950 Pennsylvania Avenue, NW the settlement, and I look forward to seeing make it easier to install non- Microsoft Washington, DC 20530 an end to this lawsuit. software and must disclose information about Dear Mr. Ashcroft: Sincerely, certain internal interfaces in Windows. I am writing this letter to express my Dee Ann Henderson During these difficult times, one of our satisfaction of the fact that the Justice highest priorities should be boosting our Department finally settled the antitrust suit MTC–00031012 lagging economy. Restricting Microsoft will with Microsoft. The dispute lasted much too 95 Ordale Boulevard not achieve this end. Please do not punish long, and in that time, the economy went Pittsburgh, PA 15228–1523 Microsoft for pursuing the American dream. from thriving to stagnant and stuck in a 412) 343–1572 e-mail Thank you for your support. recession. I would like to go on record as [email protected] Sincerely, supporting this long overdue settlement. US Department of Justice, 950 Pennsylvania Claude Myers I have worked in the Real Estate business Avenue, NW Representative for 35 years, and run my own commercial Washington, DC 20530–0001 cc: Senator Rick Santorum agency. Microsoft has been invaluable to my January 8, 2002 www.horacemann.com employees and me by simplifying and Dear Mr. Ashcroft: standardizing computing. Windows is an I am writing you today to express my MTC–00031014 outstanding operating system offered at a feelings about the recent antitrust settlement JAN 11 2002 (FRI) 02:31
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EXEC OFFICE 724 656 4171 PAGE l/l to promote non-Microsoft software. I wonder Subject: United States v. Microsoft Robert Wushinske if any other firm in another industry would Corporation Rural Route 2 so willingly give away its secrets. Yet, Dear Attorney Hesse: New Wilmington, Pennsylvania 16142 Microsoft agreed to this in order to end the According to the American Electronics January 10, 2002 lawsuit, wanting to get on with business. I Association, New Hampshire has the highest Attorney General John Ashcroft admire Microsoft for dealing with a very bad concentration of high-tech workers in the US Department of Justice situation and trying to go forward, putting nation. We also have a tradition of placing 950 Pennsylvania Avenue, NW this case behind them. Which is why I am the uppermost priority on limited Washington, DC 20530 writing to ask that you do also. government involvement in the market place. Dear Mr. Ashcroft: Microsoft is but one of the thousands of Also, Money Magazine cites many of our The purpose of this is to address the companies that have made this country. He cities as the ‘‘best places to live’’ in the Department of Justice and Microsoft has merely succeeded too well. But I wonder nation. settlement. This was settled after a long, what effect this lawsuit will have on future It is for these reasons that I feel litigious battle costing both parties time and entrepreneurs, people who have a dream or passionately about the Microsoft case and money. I do not believe Microsoft was vision of their own, but are afraid to pursue believe that acceptance of the proposed culpable of any antitrust practices. The for fear of having the government breathing settlement is in everyone’s best interest. My lawsuit is more a product of envious down their necks if they become too state is a shining example of how limited competitors than actual misdeeds. Microsoft successful. It would be such a shame if we government, combined with high technology, did acquiesce to demands by the Department clip our children’s wings even before they are can create an extraordinary environment for of Justice, opening up their source codes to given a chance to fly. consumers to live, work and raise a family. computer manufacturers and competitors, Support the agreement reached between High technology is forever changing and evolving. For the federal government to giving more flexibility to computer makers to the Department of Justice and Microsoft. attempt to analyze its operations and punish install non-Microsoft programs, expanding Thank you. the company because of its success is just not Windows’’ operating system products, and Sincerely, reality. Unfortunately, the federal even allowing a technical committee to Karen Bohlke monitor Microsoft adherence to the government gave too much credence in the Charles R. Bohlke first place to Microsoft’s competitors -who settlement. This is far more than any other cc: Senator Larry Craig prefer to use lobbyists and bureaucrat firm would have done. intervention to make up for their inability to But the history behind the case is no longer MTC–00031016 compete in the marketplace. relevant. A decision has been reached and I Jan. 11. 2002 11:12AM No. 7089 P. l/l Over $30 million in taxpayer funds have do not want to second-guess decisions January 11, 2002 already been used on this case alone! It’s reached by both parties. Microsoft had very Renata Hesse time to settle and remove the federal good counsel; an equitable agreement was Trial Attorney government from the equation. It is only then reached. It is now time to move on. We Antitrust Division that the marketplace can thrive and should not get into the habit of criticizing Department of Justice adequately fulfill consumer needs. judicial decisions simply because they do not 601 D Street NW, Suite 1200 Sincerely, please everybody. It sets a bad precedent and Washington, DC 20530 Linda Tomlinson undermines any future decisions. VIA FAX 209 Lower Straw Road Hopkinton New Sincerely, Dear Attorney Hesse: Hampshire 03229 Robert Wushinske I would like to add my comments, cc: Senator Rick Santorum regarding the proposed settlement in the MTC–00031018 Microsoft lawsuit. MTC–00031015 From 336–922–1214 to 1/11/2002 10:15 AM Presently, it appears that our economy is 001/001 FROM : CHUCK PHONE No. : 12086228700 either in a recession or quickly heading in Russell L. Smith, Jr. Jan. 11 2002 10:17Am P1 that direction. Consumer spending and 4216 Thorn Ridge Road P.O. Box 212 consumer confidence is down. The one thing Winston Salem,North Carolina 27106 Sun Valley, Idaho 83353 we should not be doing right now is putting 336–922–1214 [email protected] January 11, 2002 roadblocks in the way of American industry. January 10, 2002 Attorney General John Ashcroft Microsoft and America’s Hi-tech industry Attorney General John Ashcroft Department of Justice have been able to prosper and create much- US Department of Justice 950 Pennsylvania Avenue, NW needed jobs, because they are innovative and 950 Pennsylvania Avenue, NW Washington, DC 20530–0001 competitive. What they don’t need right now Washington, DC 20530 Dear Mr. Ashcroft, is government interference, over-regulation Dear Mr. Ashcroft: This letter is to add my support to the and being forced to spend money on I am writing to express to you my views Department of Justice and Microsoft lawsuits. That money could be better spent regarding the antitrust lawsuit against settlement. I applaud the ending of what, to creating new products. Microsoft. After years of legal battles, I’m me, was a great injustice done to Mr. Gates. These new products would benefit happy to see a settlement was finally agreed Mr. Gates is a very successful man, who American consumers in a couple of ways. upon. Spending any more time and effort on created a very successful company. He has First, they would make our jobs easier and this issue is not only a waste of taxpayers made a great deal of money, but he has given improve productivity. Secondly, they would money, but a waste of time that should be a great deal of money away. Mr. Gates is create new jobs in the technology sector of spent moving forward in the future of someone who this country should be very our economy. technology. proud of; unfortunately, the petty jealousy of Let’s put a quick end to the lawsuits. Let’s Prior to my retirement, I worked in the IT his competitors have accomplished what get America back to work. Yours truly, sector of the manufacturing industry and saw they could not do on their own—that of Bernard Whitmore the advances that Microsoft has been able to damaging both his company and him in an Worcester, Massachusetts create with its innovative technology. It is antitrust suit. The suit was settled, with unfortunate that Microsoft was punished for Microsoft giving away far too much. What MTC–00031017 its capabilities. company would allow computer makers to JAN-11–2882 10:46 PM P.01 The settlements terms, sharing code, configure their product to promote another Linda Tomlinson changing licensing practices, allowing product? This is what Microsoft has done, December 20, 2001 oversight, etc., are definitely fair and allowing computer makers to promote non- Renata Hesse, Trial Attorney reasonable. I support your decision to settle, Microsoft software programs within Antitrust Division as well as the agreed upon terms and Windows and even agreeing to design future Department of Justice sincerely hope that no further action will be software programs in a way as to make it 601 D Street NW, Suite 1200 taken at any level against Microsoft related to easier for computer makers and programmers Washington, DC 20530 this lawsuit.
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Sincerely, It should work towards helping the continues to thrive, with new companies and Russell Smith American people and economy become technologies emerging nearly every day. And strong once again. This necessitates the consumer, on whose behalf the case was MTC–00031019 supporting large companies such as theoretically brought, has benefited JAN-11–2002 08:53 PM P.01 Microsoft and allowing them to help enormously from Microsoft and only stands Andrew M. Hoffman, DVM consumers and contribute substantially to the to lose if the company is regulated to death. 74 Mount Vernon St. economy. I am a small businessman who understands Boston, MA Sincerely, the great advances Microsoft has brought not 01208 Elizabeth T. Marcucci only to the national economy, but also to the December 28, 200l One Winthrop Street Hamilton, abilities of thousands of small businesses to Renata Hesse Massachusetts 01982–1325 prosper independently. I am not sure that Trial Attorney those who seek Microsoft’s demise appreciate Antitrust Division MTC–00031021 the harm it would do to small businesses like Department of Justice JAN–11–2002 08:50 PM P.01 mine. We depend on the affordable, 601 D Street NW, Suite 1200 December 28, 200l universally-integrated, and innovative Washington, DC 20530 Renata Hesse products that Microsoft delivers. I have little Dear Attorney Hesse, Trial Attorney sympathy for her complaining competitors, It has come to my attention that the Antitrust Division who are every bit as aggressive in the government is now accepting public Department of Justice marketplace, and less successul. comment in the case of U.S. v Microsoft. I’m 601 D Street NW, Suite 1200 Please use this time period to reiterate the writing to express my support for this Washington, DC 20530 Justice Departments call for settlement, and settlement. Millions of dollars have now been VIA FACSIMILE urge Judge Kollar Kotelly to accept the spent to arrive at this settlement. Although it Dear Attorney Hesse, agreement reached in November. I thank you was beneficial to the American people to I am writing in support of the Microsoft for the opportunity to voice my opinion in investigate the business practices of such a settlement. At this time the country needs to this matter. large company, no harm to consumers was support large and small businesses alike. elucidated. It is now time to stop spending Very truly yours, Penalizing Microsoft and spending more time taxpayers’’ money and let the decision be /mjd/ and money in the court system is not helping final. Marc DiZoglio the economy or individual consumers. Over the past several months Americans Microsoft’s contribution to the economy and MTC–00031023 have suffered great losses. These losses have technology is enormous and should not be 1681 NE 10th Avenue been both emotional and financial. Although thwarted because of a perceived harm to the Oak Harbor, WA 98277–4805 the government cannot help us with much of American people. This is not the purpose of January 10, 2002 what has been lost, it can help us to get the antitrust laws, As an American consumer of Attorney General John Ashcroft economy back on track. Punishing Microsoft Microsoft and other computer products, I US Department of Justice, 950 Pennsylvania for contributing to the American economy and tying up the courts’’ time is not the way appreciate Microsoft’s contribution to the Avenue, NW to accomplish this. computer and technology industries. Washington, DC 20530–0001 Allowing Microsoft to continue to be a Microsoft has supplied us with excellent Dear Mr. Ashcroft: leader in innovative technological products products and service. It is not logical to use I am writing you today to express my will help immensely in getting this country inferior technology at higher prices merely feelings in regards to the settlement that was back on it’s feet. Recession is a difficult time for the sake of compliance with well-meaning reached early last November between for all of us. Microsoft’s contribution to the but misguided legislation. Microsoft and the Department of Justice. I economy should not be seen as antagonistic Please stop spending American dollars feel this settlement is fair and reasonable, to each of our financial goals but rather as needlessly and allow the Microsoft and I would like to go on record as complementary and beneficial. settlement to stand. Our tax dollars are too supporting the settlement. Sincerely, valuable to be spent in this manner Under this agreement, Microsoft has agreed Andrew M. Hoffman especially considering the events of the last to share more information with other few months. companies, create more opportunities for MTC–00031020 Sincerely, them, and give consumers more choices. JAN–11–2002 08:50 PM P.02 Seth Ross Microsoft must disclose information about Elizabeth T. Marcucci 30 Spruce St. certain internal interfaces in Microsoft and December 27, 200l Acton, MA 01720 must share software codes and books with a technical oversight committee created by the Renata Hesse MTC–00031022 Trial Attorney government for review. Antitrust Division JAN–11–2002 8:07AM RAID INC NO.146 During these difficult times, one of our Department of Justice P.l/l highest priorities should be to boost our 601 D Street NW, Suite 1200 RAID lagging economy. Restricting Microsoft will Washington, DC 20530 INCORPORATED not achieve this. I fully support the Dear Attorney Hesse, January 2, 2002 settlement between Microsoft and the I support the settlement proposed in the Renate Hesse Department of Justice. case of U.S. v. Microsoft. As a consumer, I Trial Attorney Sincerely, feel it is time for the government to stand Antitrust Division Bill Meche back and allow the Microsoft settlement to Department of Justice From: NORTHWEST BOARD PHONE No.: stand as is. Much time, effort and money has 601 D Street NW, Suite 1200 360 675 3753 Jan.10 2002 10:46PM P01 been spent reaching this settlement. Further Washington DC 20530 MTC–00031024 money and time can be better spent Dear Attorny Hesse: elsewhere, especially in these difficult times. I would like to take this opportunity under JAN–10–02 THU 08:30 PM DALOIA 913 437 It is now necessary for the government to the public comment period of the Tunney 3723 P.01 allow Microsoft to expend its energies Act provisions to offer my support for the Trackside producing first quality and innovative settlement of the Microsoft anti-trust case John D’Aloia, Jr. products. Microsoft’s business is technology, presently before the court. 311 West Alma Street o St. Marys, KS 66536 not harming consumers. Microsoft should not This case should never have been pursued o Phone/Fax 785–437–3723 be continually subject to antitrust legislation. in the first place, as the basic conditions of January 10,2002 With the current economic situation in mind, anti-trust violation were never met. The Renata B. Hesse the government should support American information technology industry that Antitrust Division business. Microsoft supposedly monopolized U.S. Department of Justice
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601 D Street NW, Suite 1200 from its current slump, but it will also give Attorney General John Ashcroft Washington, DC 20530–0001 Microsoft’s competition a hand up. This is Department of Justice Dear Ms. Hesse: why the federal government should not 950 Pennsylvania Avenue, NW Settling the Microsoft anti-trust case is of pursue any litigation beyond this agreement. Washington, DC 20530–0001 great importance to our economy and the The company should now be left alone once Dear Mr. Ashcroft, principles of justice. The Clinton and for all. It is high time we wrap up this lawsuit Administration decided to sue Microsoft for Sincerely, between Microsoft and the Justice anti-trust violations. Kathleen Kojis Department. It has dragged on for three years I always assumed that a necessary element 35 Lighthouse Way now and it is time that we saw its resolution. for such a suit is evidence of consumer harm. Salem, SC 29676 A settlement is now on the table and only So far, there has been no evidence that cc: Senator Strom Thurmond needs to be agreed upon by all parties. I see Microsoft’s business practices have caused Representative Lindsey Graham no reason that this settlement should be consumer harm, rather, the case has become changed. an example of excessive government MTC–00031026 There are several very good provisions interference in the market place. 01/11/2002 10:13 616–659–8824 RGB within this settlement. One of the most I suspect that this is one of the reasons the NETWORK SERVICES PAGE 01/01 beneficial provisions included within the Department of Justice settled with Microsoft, RGB settlement is one that prevents Microsoft I was very disappointed when Kansas Network Services, Inc. from taking any kind of retaliatory measures Attorney General Carla Stovall refused to 903 North Clay, Suite E against a company that would promote sign on with the proposed settlement. Sturgis, MI 49091 software not developed by Microsoft. This Stovall’s unwillingness to agree to this Phone: 616.651.9037 greatly enhances competition in the market settlement is purely political, a tax-payer Fax: 616.659.8824 and also helps the smaller software funded publicity play to keep her name in January 10, 2002 companies compete. Furthermore, there are the press while she runs for governor. She Attorney General John Ashcroft, Department provisions that prevent Microsoft from and the others who are continuing to pursue of Justice entering into any contracts that would this case are apparently more interested in 950 Pennsylvania Avenue, NW restrict or hinder competition in the market making headlines at the expense of the Washington, DC 20530–0001 by forcing a computer manufacturer from taxpayer then doing what is right for their Dear Mr. Ashcroft, only promoting Microsoft software with their constituents and for the vitality of the It is a shame that the government has product. These are provisions that will economy. I have written Attorney General attacked Bill Gates for following his vision benefit the information technology market. Stovall to let her know that I was adamantly and the American Dream. If you recall, he I worry that any more restrictions will opposed to her wasting taxpayer dollars basically started Microsoft in a garage on begin to hinder the market and the ability of while gaining for Kansas an anti-business nothing more than a wish and a promise. companies to operate freely. In addition, the reputation. And because he worked very hard to next step in restrictions could very well be It would appear that the business climate develop, produce and market an outstanding the break up of the Microsoft Corporation, is getting better and the economy shows signs operating system his company grew to which is no way a good thing. Therefore, I of shaking off the recession. I urge the become the standard and leading technology urge you to leave the settlement in its current Department of Justice to accept the innovator in the world. form. There is no reason to alter it. It does settlement and so recommend to Judge C. I am totally opposed to the governments’’ what needs to be done and nothing more. I Kollar-Kotelly. actions against Microsoft, for they were thank you for your time and I am sure you Sincerely, unjust, misguided and politically motivated. will do what is best for this country. However, the fact that a settlement was Sincerely, MTC–00031025 ultimately reached is a very positive Richard and Beverly Stroud 01/11/2002 08:34 8647180602 KATHLEEN development because settlement is preferable MTC–00031028 KOJIS PAGE 01 to years of continued litigation, especially in January 10, 2002 this matter. 01/11/02 FRI 08:08 FAX 215 822 0813 GIS Attorney General John Ashcroft One aspect of the settlement that strikes me Environmental 001 US Department of Justice as profound is Microsoft’s agreement to 35 Douglass Road 950 Pennsylvania Avenue NW disclose for use by its competitors various Lansdale, Pennsylvania 19446 Washington, DC 20530–0001 interfaces that are internal to Windows’’ January 9, 2002 Dear Mr. Ashcroft, operating system products. I understand this Attorney General John Ashcroft While I am not happy that the federal is unprecedented in an antitrust settlement. US Department of Justice government took three years to sue Microsoft This alone should end all claims that 950 Pennsylvania Avenue, NW in court, I am happy to see that the Attorney Microsoft monopolizes the industry. If that Washington, DC 20530 General has put an end to the case with a weren’t enough, Microsoft has also agreed to Dear Mr. Ashcroft: strong and binding agreement. I make available to its competitors, additional After three long years of legal battles, wholeheartedly applaud this decision. codes implemented in Windows. Anyone Microsoft and the Department of Justice have Since a settlement was finally reached after who thinks Microsoft escaped any serious come to a settlement regarding the antitrust three years of protracted and extremely costly measure of punitive retribution is remiss. suit. I believe this settlement will be court battles, it should be accepted and Continued litigation will only serve to beneficial to both the IT industry and our finalized as soon as possible. The agreement further distract the technology industry from economy as a whole. The only thing this suit requires Microsoft to make its protocols and innovating. Please finalize this settlement as has done is cause the misuse of American access mechanisms available to competitors; soon as possible. tax-dollars, and it has severely affected these are the protocols used in Windows’’ If you want to go after an industry that is Microsoft stockholders and brought down the operating system products, and the corrupt than investigate the large oil value of the stock market itself. mechanisms are used to encourage non- companies. Microsoft’s products are by far more Microsoft products. The company also agreed Sincerely, innovative than any competitors— not to retaliate against software or hardware Gary Black Owner, President comparing Windows to Linux is like developers who develop or promote software comparing the 21st century to the dark ages— that competes with Windows or that runs on MTC–00031027 there is no comparison for the average software that competes with Windows. FROM: UPT Consulting PHONE NO.: 281 480 consumer or small businesses. The various Microsoft’s tremendous contribution to the 2414 P01 suits have been distracting to consumers and United States’’ economy, and that of the Richard and Beverly Stroud Microsoft alike. As shareholders (small and entire world for that matter, goes without 14515 Wisteria Hollow Lane large) we have been punished enough. The saying and requires no elaboration. Not only Houston, TX 77062 continuation of these suits is not good for will the settlement help our economy escape January 9, 2002 business, consumers or Microsoft.
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This settlement is fair and reasonable, and PAGE 01 The past three years spent in court battles was reached after extensive negotiations with Philip Ice have encouraged the government to reach a court-appointed mediator. Even though the 1325 Wilder Avenue, #13 Makai into taxpayers’’ pockets. The suit has harmed agreement goes further than what Microsoft Honolulu, HI 96822 an already staggering economy, and rendered would have liked, it believes that settling the January 10, 2002 an entire industry dormant. The settlement case now would be the right thing to do to Attorney General John Ashcroft obligates Microsoft to make all future help the industry and economy move c/o The U.S. Department of Justice versions of Windows to be able to easily have forward. By delaying the practice of this 950 Pennsylvania Avenue, NW computer makers, and consumers integrate settlement, we only harm our place in the Washington, DC 20530–0001 non-Microsoft software into Windows. global market. Mr. Ashcroft: Microsoft has also agreed not to return fire All action that is being taken at the federal From the beginning of US vs. Microsoft on software and hardware developers that level needs to stop. It is about time Microsoft three years ago, I have thought the suit may ship products that compete with the went back to innovating rather than against Microsoft has been an embarrassment Windows operating system. litigating. to American business. Punishing Microsoft I suggest that you work to conclude this Sincerely, for alleged monopoly power was a settlement, so that our business and the IT Ron Graves rediculous, unfair, and unequal act. In the industry can begin to rebound and create jobs cc: Senator Rick Santorum United States, there are other companies and to help revive the economy. Microsoft has industries that have practiced for years, truly made the technological progress for our MTC–00031029 predatory pricing and market power. The country possible and has been a key to our Jan–11–02 08:llam From- T–266 P.Ol/Ol F– airlines are a classic and glaring example. For success as a small business for the past seven 187 years it has been common knowledge, that years. It is time to get back to business as Michele Meyers they have actively lowered prices in areas usual; no more time and money should be 6090 Shepherd Hills Avenue where smaller airlines are operating to crush wasted. Allentown, Pennsylvania 18106 competition, then raise their own prices after Sincerely, January l0, 2002 their competition is eliminated. By ignoring Craig W. Fuher Attorney General John Ashcroft these and other examples, it is quite evident Chairman & CEO US Department of Justice to me that the Department of Justice chose to XDimensional Technologies, Inc. 950 Pennsylvania Avenue, NW pick on Microsoft for reasons other than 145 S State College Blvd. Suite 160 Brea, Washington, DC 20530 actions that could be be construed as CA 92821 (800) 789–2567 Fax (714) 672– Subject: Microsoft Settlement predatory, or because of restraint of trade. I 8908 Dear Mr. Ashcroft: can see no equality of treatment or justice for www.xdti.com I was happy to learn that the Justice all in this action. Department has decided to settle its antitrust The proposed settlement is a way for the MTC–00031032 case against Microsoft. The legal battle has IT industry and Microsoft to recover from Jan–10–02 05:42p Benard Riechers 724–941– drained the country’s resources for more than three years of unnecessary government 1196 p.1 three years now, and it is time to get our attack. For starters, it will prevent Microsoft 130 Scenery Circle national focus back on more important retaliation if a computer manufacturer Canonsburg, PA 15317 issues. decides to install a competing company’s January 8, 2002 The settlement is eminently fair, and software before shipment, and will allow the Attorney General John Ashcroft should address the concerns of all involved computer companies to configure the U.S. Justice Department parties. Any criticism of the settlement Windows operating system to promote non- 950 Pennsylvania Avenue, NW coming from Microsoft’s competitors stems Microsoft software products. Washington, DC 20530 purely from their own self-interest. Microsoft I hope that the Department of Justice sees Dear Mr. Ashcroft: has given more than what was asked by the the damage it has done to the IT industry and As an avid supporter of Microsoft products Department of Justice. First, Microsoft has the economy by pursuing Microsoft. If the and services and a proponent of free market agreed to increase competition in the Department of Justice is honest with itself enterprise, Microsoft should be exonerated of marketplace by granting their competitors and its actions, it will see that a speedy end all wrongdoing. I am happy to see that access to information about the internal to the lawsuit is needed. I urge the Microsoft will not be broken up, but I do workings of Windows. With this information, Department of Justice to formalize the believe the concessions they are making are the competitors will be able to install their settlement and move onto more pressing too harsh. It is unfair that Microsoft is own programs on the Windows operating matters. obligated to disclose intellectual property, system, enabling them to compete with Sincerely, such as interfaces and protocols to just to Microsoft on Microsoft’s ‘‘own turf.’’ Philip Ice serve another software company. However, if Additionally, Microsoft will agree not to take Microsoft can tolerate the settlement, I MTC–00031031 any action against any company that sells, support them. uses, or promotes products made by non- FILE No.553 01/10 ‘02 21:23 Over the last decade, Microsoft has been Microsoft companies. I wonder if any of ID: FUHER AND ASSOCIATES FAX: the leading innovator in technology products Microsoft’s competitors would be as PAGE 1 and services. They have forced their own generous. Powering the (Insurance) Industry people and competitors to grow at This settlement gives us a viable XDimensional Technologies, Inc. unprecedented rates. Even in a faltering opportunity to get past this messy legal January 10,2002 American economy, Microsoft has proven conflict and move on to more pressing issues. Attorney General John Ashcroft that it can maintain its vision. I support it, and hope it is implemented USDOJ, 950 Pennsylvania Avenue, NW I look forward to no further litigation soon. Washington, DC 20530 against Microsoft and hope that the IT sector Sincerely, Dear Mr. Ashcroft, will be allowed to focus on business, which Michele Meyers I am the CEO of a firm that works with is in the best interest of the American public. cc: Senator Rick Santorum Microsoft to develop software that is used in Sincerely, the insurance industry. I believe that Bernard Riechers MTC–00031030 continuing litigation because of the antitrust Cc: Senator Rick Santorum 01/10/2002 22:23 suit against Microsoft may be detrimental not TO: only to my firm but also to several companies MTC–00031033 FROM : PHILIP W ICE across the nation. The settlement reached Jan 10 02 05:25p p.1 FAX: 8085236089 between Microsoft and the Department of FRONTIERS OF FREEDOM INSTITUTE TEL: 8085236089 Justice is a well-designed accord that will be 12011 LEE JACKSON MEM. HWY. 3rd COMMENT : beneficial to both the IT industry of which FLOOR 01/10/2002 22:23 8085236689 PHILIP W ICE we are a part, and consumers alike. FAIRFAX, VIRGINIA 22033
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Phone(703)246–0110 * (888)8–RIGHTS Sincerely, It is good for a company like Microsoft to Fax(703)246–0129 * www.ff.org George C. Landrith, stand on a principle of unapologetic US. Senator Malcolm Wallop (ret.) President, excellence. If its products and innovations Chairman Frontiers of Freedom Institute are better than anyone else’s then that is its January 10, 2002 reward for it’s work ethic, perserverance, and MTC–00031034 To whom it may concern: technical excellence. No laws are violated There is real and credible evidence that the From: Thomas Klinect when a company develops superior products. Congress and our representative democracy To: Attorney General John Ashcroft Similarly, if Microsoft’s products and are under attack—not from anthrax or some Date: 1/10/2002 Time: 2:05:48 innovations slip into second, or third place, other terrorist plot. This is a different kind PM Page 1 of 2 then that is where Microsoft deserves to be. of enemy—one that is aimed at destroying TPI Inc. That is the essence of the competitive our cherished democratic institutions. This 2650 Jamacha Rd. #147–13 marketplace. To have the government plot is not carried out by terrorists or bombs, El Cajon, CA. 92019 attempt to subvert the role of these but by greedy and power hungry lawyers Tel: 619–303–3292 competitive forces can serve only to upset the who seek to essentially over throw our Fax: 619–670–6157 natural dynamic of the marketplace. representative democracy and the rule of law FACSIMILE COVER PAGE The settlement now in place, one in which and install in their place a system governance To: Attorney General John Ashcroft Microsoft has agreed to an equal pricing by litigation—with lawyers and unelected From: Thomas Klinect stucture for licensing preinstalled software to judges as our rulers. Under their plan, Fax#: 1–202–307–1454 hardware makers, provides a reasonable basis litigation is used to effectively enact Fax #: 619–670–6157 for closure of this matter, and I urge the legislation, promulgate regulations, and Tel #: 619–303–3292 Department of Justice to seek acceptance by impose new taxes. This has been the trend Company: United States all parties. I believe that this will best serve since the tobacco litigation. Now we see the Subject: Microsoft Settlement the interests of the American people. same modus operandi in the Microsoft sent: 1/10/2002 at 2:05:46 PM Sincerely, litigation. The nine states and the District of Pages: 2 (including cover) Thomas Klinect Columbia who insist that the Justice MESSAGE: Chief Executive Officer Departments settlement with Microsoft isn’t Sir, PMB 13 2650 Jamacha Rd. #147 El Cajon, tough enough, continue to base all of their The following letter discusses TPI’s views, CA 92019–4319 expectations and all of their arguments on in general, on the remidies for the Microsoft phone 619.303.3292 fax 619.670.6157 the trial judge’s rulings, which were settelment. Please take some time to review www.tpi-inc.com resoundingly overturned on appeal. and take a small business mans point of view The fact is the settlement is like virtually into your final decision on this matter. v/r MTC–00031035 every other settlement. Each party got Thomas J. Klinect 01/10/2002 17:24 9089640304 STEPHEN J. something it wanted and each party had to TPI Inc. LA MONT PAGE 01 give-in to things that it did not want. So why 619–303–3292 O1/10/02 THU 16:38 FAX 800 641 2255 do they continue to claim they cannot [email protected] January 10, 2002 support the settlement? Why do they This fax is strictly confidential and Attorney General John Ashcroft continue to misstate the law and the facts? intended solely for the addressee. It may US Department of Justice Why do they continue to pretend to be contain information which is covered by 950 Pennsylvania Avenue, NW protecting consumers? Its all about money. legal, professional, or other privilege. If you Washington, DC 20530–000l Justice has nothing to do with it. are not the intended addressee you must not I must say that I am not surprised to learn Americans are already taxed to the hilt so use, disclose, or copy this transmission. that the settlement between Microsoft and new taxes are not popular. Thus when From: Thomas Klinect the Department of Justice is being delayed politicians go on pork spending sprees, they To: Attorney General John Ashcroft even further. Not only was the suit ridiculous are often afraid to raise taxes any higher to Date: 1/10/2002 to begin with, but now that a settlement has pay for their excesses. Therefore, free Time: 2:05:48 PM Page 2 of 2 been reached, there are those who still want spending states often opt for an alternative TPI, Incorporated to hold up the process. I think it is time we revenue source—shaking down deep- 2650 Jamacha Road #147, PMB 13 let things move forward, and let the pocketed industries or companies through EL Cajon, CA 92019 agreement speak for itself. litigation. Hence, taxation through litigation. FAX: 619–670–6157 During these times of economic strain, it Taxation through litigation is a favorite January 7, 2002 seems foolish to waste valuable resources on way for states to cover large budget deficits. Attorney Gerneral John Ashcroft, US fighting another court battle, particularly one It is no coincidence that the states that persist Department of Justice that has been settled. Microsoft has not only in suing Microsoft all have large projected 950 Pennsylvania Avenue agreed to rework licensing and marketing budget deficits—totaling more than $11 Washington, DC 20530 agreements, but has agreed to design future billion. Despite the fact that the vast majority Dear Mr. Ashcroft, versions of Windows for even easier of states either settled their claims along with I am writing to express my concerns installation of non-Microsoft software. At this the federal government or opted not to get regarding the Justice Department lawsuit point, Microsoft has made many concessions involved in the first place, a few states spend against Microsoft. If this lawsuit had to open up the competitive market, but the taxpayer money pursuing continued succeeded to the extent envisioned by process is being delayed. Let us help get the litigation in hopes that Microsoft, like the government lawyers, Microsoft’s competitors, technology industry back on track, by having tobacco industry, will become their next cash and some on the federal bench, the real this agreement move forward. cow. Its all about money! We are slowly penalty would have devolved to the entire IT I urge you to support this settlement as it surrendering our constitutional industry, and thus to the American economy is, and help stop any further action against representative democracy to a cancerous and people. Just because Microsoft’s it. Let us help the IT sector get back to system of lawyer-run governance. Our competitors have been unable to develop business, by letting the terms of this forefathers pledged their lives, fortunes, and products that are comparable with agreement speak for themselves. sacred honor to obtain freedom and throw off Microsoft’s products in value to the Sincerely, the shackles and unjust burdens of an consumer, it does not follow that the Stephen Lamont unelected, life-tenured king. Did General government should step in and, in effect, Stephen Lamont Washington and his army make those ‘‘dumb down’’ Microsoft in an effort to make 988 Stuyvesant Avenue sacrifices merely to have trial lawyers and those less innovative companies more Union, NJ 07083–6906 unelected, life tenured judges take the king’s competitive with Microsoft. We have seen place, sack the rule of law, and turn our this principle tried with regard to our MTC–00031036 representative democracy into governance by national educational policies, and it simply 1–10–2002 4:07PM litigation? I think not. does not work. FROM EHD 717 291 1154 P.1
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TO: Attorney General John Ashcroft It is true that the larger and more definitely reduce anti-competitive behavior TOTAL # OF PAGES INCLUDING COVER 2 successful that Microsoft got, the less and allow its competitors to more easily FROM: Engle Hambright & Davies Realtors responsive and consumer-oriented they market software that competes with 2122 Marietta Avenue, Lancaster, PA 17603 became. While this attitude may have been Windows operating systems. All this will be Phone: 717–291–1041 regrettable, it certainly did not warrant verified and by a technical committee. Fax No: 717–291–1154 action—especially by our government. The Therefore it seems to me that this As you requested Justice Department never let market forces settlement is sufficient, and any further X For your information get even half a chance to act. litigation will counter-productive. In today’s Please complete There seems to be a happy ending here. slowing economy, progress and innovation Please return The recently negotiated settlement is fair and within the IT industry will be vital. I believe Please handle reasonable. It is my hope that it will survive that we should allow Microsoft to get back J. Scott Ulrich the public comment part of the lawsuit, and to work, and that the whole issue be resolved Name that no further federal action will be brought forgotten. Please approve the November 1/10/02 against Microsoft. I think that they have settlement and do not waste America’s time Date learned their lesson. After all, the settlement and money with unnecessary federal action. COMMENTS: already forces Microsoft to be more Sincerely, 1–10–2002 4:07PM FROM EHD 717 291 1154 accountable to the government and the David Dietrich P. 2 competition by virtue of a new ‘‘Technical cc: Senator Rick Santorum J. Scott Ulrich Committee’’ designed to make sure that 2122 Marietta Avenue Microsoft maintains its licensing agreements MTC–00031039 Lancaster, Pennsylvania 17603 with hardware makers, and, more 01/10/2002 15: 45 319–435–2157 January 10, 2002 importantly, its design obligations. These HARVEY W FASCHER PAGE 01/01 Attorney General John Ashcroft obligations open up Windows codes for the 1/10/2002 1:43 PM US Department of Justice competition so that competitors’’ products FROM: fax TO: 13194352157,,,,,131. 950 Pennsylvania Avenue, NW will run faster and more efficiently on the PAGE: 003 OF 003 Washington, DC 20530 Windows platform. 5680 N Highway 13 Dear Mr. Ashcroft: Thank you for your continuing defense of Coggon, Iowa 52218 As a concerned citizen of this great nation, the settlement. January 10, 2002 I would like to inform you about my thoughts Sincerely, Attorney General John Ashcroft regarding the settlement between the Justice Kevin Landgrave US Department of Justice Department and Microsoft. I support the Chairman/Chief Executive Officer 950 Pennsylvania Avenue, NW settlement that has been reached by all of the KOINONIA COMPUTING Washington, DC 20530 parties involved. 10001 Linn Station Road, Suite 205 o Dear Mr. Ashcroft: From what I have read in the newspapers, LouisvilIe, KY 40223 I am writing you today to express my the settlement seems to be both reasonable Phone: (502) 243–9227 o FAX: (502) 243– opinion in regards to the Microsoft anti-trust and fair. It should be able to bring the three- 9035 issue. I believe the settlement that was year case against Microsoft to a close this www.koincompute.com o e-mail: reached on November 2, 2001, is fair and year. Microsoft’s critics would try and lead [email protected] reasonable. I support Microsoft and am you to believe that Microsoft is getting off Microsoft pleased to see this dispute resolved. In the easy with this settlement. I do not believe CERTIFIED past months our economy has taken quite a this to be the case. Microsoft will be making Partner hit, and I think that this settlement will really changes in their business practices and its CITRIX jump-start the technology industry, which product development. GREAT PLAINS PARTNER would in turn help the entire economy. The For example, Microsoft has agreed to concessions that Microsoft has made, MTC–00031038 document and disclose for use by its information sharing, non-retaliation competitors various interfaces that are 01–10 02 15:53 DIETRICH T:6102967217 agreements and the like, are certainly internal to Windows operating system P:01 sufficient for a settlement, and I hope that products. Also, a three person technical David Dietrich this case has really come to an end. committee will be established to monitor 2070 Saint Andrews Dr. Continuing on with this case is a waste of Microsoft‘s compliance with the settlement. Berwyn, PA 19312–1972 the government’s momey and Microsoft’s I urge that no more legal action take place by David Dietrich money, and I think funds would be better the federal government against Microsoft. 2070 Saint Andrews Dr. spent on other issues. Thank you for ending Thank you for your consideration in this Berwyn PA 19312–1972 this three-year-long dispute matter. January 10, 2002 Sincerely, Sincerely, Attorney General John Ashcroft Bonnie Fascher J. Scott Ulrich US Department of Justice MTC–00031040 cc: Senator Rick Santorum 950 Pennsylvania Avenue, NW Washington, DC 20530 Jan 10 02 03:OOp Gary Pearce 9197878031 MTC–00031037 Dear Mr. Ashcroft: p.2 Jan 11 02 02: 59p (502) 243–9035 p.1 It pleased me to hear last November that Mary L. Kurek K a settlement was reached between Microsoft Personal Coach January 10, 2002 and the Department of Justice in its antitrust P.O. Box 1962 Attorney General John Ashcroft case. I am writing you today to express my Atlantic Beach, NC. 28512 The Justice Department sincere opinion that this settlement be 252–726–7648 950 Pennsylvania Avenue implemented, any further litigation dropped, January 2, 2002 Washington, DC 20530–0001 and most importantly, that this whole matter Renata Hesse Dear Mr. Ashcroft: be resolved quickly and without further Trial Attorney I have always had a great deal of respect delay. Antitrust Division for those who have undertaken the heavy It seems to me that, although Microsoft Department of Justice burdens of serving in public office, certainly did not get off easy, it is fair and 601 D Street NW, Suite 1200 particularly at the federal level. Naturally, reasonable, and seems more than adequate to Washington, DC 20530 there are times when those so situated in accomplish the stated goals of the antitrust Fax 202–616–9937 government make decisions with which I case: namely to increase competition within [email protected] simply do not agree. Our government’s the IT Industry. The broad series of Dear Ms. Hesse: decision to bring this shortsighted lawsuit restrictions and obligations that Microsoft I write to support the proposed settlement against Microsoft was one of those times. has agreed to under the settlement will of the Microsoft antitrust case and to urge the
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judge in this matter to approve it. The Trial Attorney Windows XP operating system, which should agreement not only provides guarantees for Antitrust Division increase computer sales in the next year. In computer manufacturers and information Department of Justice addition to providing a boost in the technology providers who want to use 601 D Street NW, Suite 1200 technology sector, there will be a felt products that compete with Microsoft, but Washington, DC 20530 improvement in the economy. also establishes an unprecedented VIA FAX I strongly feel that the Microsoft Antitrust enforcement mechanism to deal with any Dear Attorney Hesse case was unnecessary. It is not Microsoft’s complaints that Microsoft is engaging in It is my understanding that the Justice fault that they make a bettor product than anticompetitive behavior. I doubt any Department is seeking input, regarding the other smaller business and have prospered corporation in our nation’s history has been proposed settlement in the Microsoft lawsuit. and grown because of the products. It is just subject to such strict competitive constraints. As a small businessman, I understand easier to use the Microsoft applications than Over $30 million in taxpayers’’ money has competition. Competition is healthy for the other applications. As a user of the programs, been spent on this case, and no harm to the American economy. I use Microsoft products I hope that the various states cease their suits consumer has ever been proven. It is clear in my business and they have been a great against Microsoft so they can better serve the that the lawsuit was filed at the instigation help to me. They have allowed me to better public. I appreciate you for the opportunity of Microsoft’s competitors, and I believe it serve our clients and to manage our business. to present my views on this case. has been not only a waste of money, but also I believe that the settlement in this case is Delegate Dave Albo a dangerous distraction to our nation and a in everyone’s best interest. It would certainly MTC–00031044 hindrance to our economy, Given all that is help consumers. But, it is also my happening in the world and in our nation in understanding, that Microsoft is being 01/10/2002 11:06 5084863455 GLAVEY AND this time of crisis and recession today, it is generous in the settlement and will make GLAVEY PAGE 04 vitally important that our government focus computers available to public school FAX NO. P. 02 on building for the future, not settling scores students throughout the country. Our GOODMAN INDUSTRIAL EQUITIES for business competitors. I am certain that business is in an older industrial city. This MANAGEMENT GROUP, L.L.C. AOL Time Warner, Sun, Oracle and the other donation will be a great benefit to our inner Real Estate Management & Development companies that have lobbied so hard to city schools. January 9, 2002 continue this litigation will make themselves I urge a quick settlement in this case. Renata Hesse heard, but I hope that our government will Sincerely yours, Trial Attorney listen just as closely to the taxpayers and Joseph M. Capone Antitrust Division Department of Justice consumers who believe it is time to end this MTC–00031043 proceeding and get on with business. 601 D Street NW, Suite 1200 Thank you for your consideration. 01/10/2002 10:45 FAX 804 7866310 VA Washington DC 20530 Sincerely, HOUSE OF DELEGATES 001 Dear Attorney Hesse, Virginia House of Delegates I would like to add my voice to those who MTC–00031041 VIRGINIA HOUSE OF DELEGATES have called for an end to the federal Jan 10 02 03:OOp Gary Pearce 9197878031 FAX COVER SHEET government’s case against Microsoft. The p.1 To: Ms. Reneta Hesse case has gone too far and too long. I support FROM: FAX NO.: Dec. 14 2001 04:17PM P2 Organization: Department of Justice the settlement agreement reached as a means Coaching Perspective, Inc. FAX Number: (202) 616–9937 Phone to end this regrettable action as soon as 7913 Fairlake Drive Number: ( ) possible. Wake Forest, NC 27587 Local Many small business people such as myself December 14, 2001 Long Distance feel that Microsoft and its products have Renata Hesse Number of Pages including this cover sheet: brought great benefit to individual businesses Trial Attorney 2 and to the economy as a whole. And as one Antitrust Division From: Delegate Albo who must outperform competitors daily, I Department of Justice Room Number: 527 Telephone Number: (804) have little sympathy for the ‘‘aggrieved’’ 601 D Street NW, Suite 1200 698 1042 competition. They have every opportunity to Washington, DC 20530 Comments: succeed if they sell quality products. Dear Attorney Hesse: If you have any problems with this Although I am no expert in antirust law, I am writing to comment on the settlement transmission, please call the House Fax I can’t believe it was written to allow of the Microsoft case. As a small business Center at: (804) 698–1558 government regulatory agencies to pick one owner I believe the settlement will start Our Fax Number is (804) 786–6310 company over another in a competitive rebuilding our economy and at the same time 01/10/2002 10:45 FAX 804 7866310 VA market, or to stymie the forces of freedom. allow a significant investment in educating HOUSE OF DELEGATES 002 Let’s get businesses back to business, and children. Microsoft has benefited consumers Reneta Hesse settle the case. We will all be better for it. and business owners by providing an Trial Attorney Sincerely, integrated software system that is easy to use. Antitrust Division Steve Goodman Our economy depends on competition and U.S. Department of Justice 133 Pearl Street Suite 400 Boston MA ongoing innovation that is not discouraged 601 D Street, NW Suite 1200 02110 (617) 292 0101 tel (617) 202 0130 fax by litigation and regulation. Washington, DC 20530 MTC–00031045 A settlement will allow Microsoft and Dear Ms. Hesse, other companies to again focus their efforts I am strongly supportive of the settlement 01/10/2002 11:06 5084863455 on developing technology that will provide the federal government and Microsoft GLAVEY AND GLAVEY PAGE 03 new opportunities for consumers and the reached and I feel it was a step in the right Liz Chase Marino technology industry. direction for continuing growth and 109 Savin Street Sincerely, prosperity in the high technology sector of Malden, MA 02148 JoAnn Feligno the United States. Consumers will benefit January 2, 2002 greatly from the provisions in the settlement Renata Hesse MTC–00031042 that allows only Microsoft and not the Trial Attorney FROM : FAX NO. : 7537804 Jan. 10 2002 government to decide which products and Antitrust Division 11:54AM P1 features to provide to the public and how to Department of Justice Joseph M. Capone price them. It would be unjust for the 601 D Street NW, Suite 1200 592 Franklin Street government to interfere with Microsoft’s Washington DC 29530 Worcester, Massachusetts 01604 business because of their success over other Dear Attorney Hesse, January 10, 2002 competitors. The high tech industry will I am respectfully submitting my opinions Renata Hesse receive a boost from the release of the regarding the Microsoft antitrust case in
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accordance with the Tunney Act public Ph # 717–560–6800 or 1–800–873–0990 Windows so as to promote non-Microsoft comment period. I support the settlement Fax # 717–560–0100 software programs. This should make agreement that has been reached between LEGG MASON Microsoft’s competitors ecstatic. I will refrain Microsoft and the government, and urge the FAX from going through each section of the Judge in the case to accept the Justice To: Attorney General John Ashcroft settlement, as I am confident you are aware Department recommendation. As both a From: Doug Trower of its terms. However, please know that most consumer and a businesspeson, I can attest Fax: 202–307–1454 Pages: 2 people believe it is fair and equitable. to the great efficiencies and freedoms that Phone: The sooner the settlement is finalized, the Microsoft and its products have created. I for Date: Re: CC: sooner technological innovation can get back one do not see the great injustice that Urgent For Review Please Comment Please on track and the U.S. economy can begin to supposedly has been visited upon the Reply Please Recycle recover. Thank you consuming public. All I see are falling prices Comments: Sincerely, new products, a variety of vendors, and a JAN.–10’02(THU) 11:01 LEGG MASON— Marshall C. Harrison heathy competition. Perhaps a LANC. TEL:717 560 0100 P.002 Chairman, CEO reconsideration of how the antitrust statutes 1934 Northbrook Drive 164 Kings Highay North Westport,CT are prosecuted is in order. In any event I trust Lancaster, Pennsylvania 17601 06880 Tel 203.221.1500 Fax 203.221.1330 the American public will use this January 8, 2000 MTC–00031049 opportunity to speal out and let the court Attorney General John Ashcroft know what it feels. My feelings are strong US Department of Justice FROM : KOHN PIRRI JR and unambiguous: the nation would be best 950 Pennsylvania Avenue, NW PHONE NO. : 864 379 2454 served if the settlement is accepted and the Washington, DC 20530 JAN. 10 2002 10:35AM Pl case is ended. Dear Mr. Ashcroft: Dr. John Pirri, Jr. I truly appreciate this chance to express my I want you to know that I back Microsoft’s 1204 GreenviIle Church Road—Donalds, opinion on this matter. position in the antitrust matter. Why they are South Carolina 29638 Very truly yours, being persecuted for being successful, I really Tel/Fax 864–379–2454 Liz Chase Marino don’t know, but I hope that this case will January 10, 2002 finally be ended with this settlement. I would Attorney General John Ashcroft MTC–00031046 ask you to stress the terms of the settlement US Department of Justice 01/10/2002 11:06 5084863455 GLAVEY AND to the states who still haven’t settled their 950 Pennsylvania Avenue. NW GLAVEY PAGE 01 cases yet and get them to join in, I feel that Washington, DC 20539 Marie P. Sweeney they are in it simply trying to get a buck out Dear Mr. Ashcroft: 51 Fiske Street of Microsoft, which I don’t agree with at all. The Department of Justice has already Tewksbury MA 01876 Since most people depend on Microsoft, they worked out an antitrust lawsuit agreement January 2, 2002 would agree with the decision you have with Microsoft. The company is still trying Renata Hesse reached. The compromises made by to work out an acceptable agreement with Trial Attorney Microsoft in the settlement, information many of the states. I think it’s high time that Antitrust Division sharing regarding Windows and uniform the federal government allows this agreement Department of Justice price listing when licensing software, are to fall into place and let Microsoft get back 601 D Street NW, Suite 1200 more than enough for me to lend my support to business. Washington, DC 20530 to this settlement. Microsoft is being punished for pursuing I would like to offer my opinion during the Sincerely, the American Dream. Bill Gates has worked public comment period for the Microsoft Douglas Trower hard and deserves what he has. Microsoft has antitrust case. I wholeheartedly support the cc: Senator Rick Santorum a direct impact on many small businesses settlement agreement that has been that make up a large part of this country’s MTC–00031048 negotiated between the Justice Department economy. By continuing to distract and Microsoft and encourage Judge Kollar JAN–10–2002 10:55 FROM: IMPERIUM Microsoft, you are only driving this country Kotelly to accept the proposal. I have been SOLUTIONS 2032211330 TO:202 353 deeper into recession. an active citizen, both in the private sector 8856 P.001 The settlement has enough stipulations to and in public life. I fully support the use of IMPERIUM remedy any qualms by competitors and is fair antitrust statutes by the DOJ to protect public January 10, 2002 to both the government and Microsoft. It interests I also recognize that industries Attorney General John Ashcroft requires Microsoft not to retaliate against which rely on innovation need the freedom U.S. Department of Justice computer makers who ship software that to act more or less unhindered. Microsoft 950 Pennsylvania Avenue, NW competes with anything in its Windows must play by the rules of commerce the same Washington, DC 20530 operating system. It also forces Microsoft to as any other company, but they shouldn’t be VIA FACSIMILE design future versions of Windows to provide subjected to conditions set by their rivals. Dear Mr. Ashcroft; a mechanism to make it easy for computer The agreement reached works in this spirit; It is in the best interest of the country, the makers, consumers and software developers the more stringent terms sought by the economy and the IT sector generally for the to promote non-Microsoft software within competitors does not. settlement between Microsoft and the Windows. Additionally, the company had to I’m sure I am like a lot of Americans when government to be accepted and finalized by make numerous other compromises. I say that I think enough is enough. The case the court as soon as possible. Continued As a good loyal Republican please work to has gone on too long, and cost too much. litigation will only serve to further harm all finalize the Department of Justice’s Now we need to put it behind us, and move of the aforementioned. settlement and let Microsoft get back to forward. The economy and the country in Settlement is a far better alternative to business. general both need to have the case settled, so continued litigation and the goal of some Sincerely, that everyone involved can get back to who are pushing very hard to have Microsoft Dr. and Mrs. John Pirri, Jr. business, I appreciate your consideration of broken up by the government. The settlement cc: Senator Strom Thurmond my thoughts on the issue. should make even Microsoft’s biggest Congressman Lindsay Graham Respectfully, adversaries concur because it includes many MTC–00031050 Marie P. Sweeney things that go well beyond the scope of the original lawsuit. On a more basic level it Danny Young/FLO/NA/ESAB@ESAB MTC–00031047 systematically addresses and resolves all of 12/17/00 10:07 PM JAN.–10 ‘‘02 (THU) 11:O1 LEGG MASON— the major grievances of Microsoft’s To: Danny Young/FLONAESAB@ESAB LANC. TEL: 717 560 0100 P.001 adversaries. For example the settlement cc: 206 Granite Run Drive, Suite 150 insures that Microsoft will grant computer Subject: Data posted to form 1 of http:// Lancaster, PA 17601–6805 makers extensive new rights to reconfigure www.esab.com/html/drequest.html
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Full Name: Steve sandstrom the original issues of the lawsuit, for the sake aggressive technology. Our economy and Company: sandstrom services inc. of resolution. businesses rely on technology for Street: 90 lexington st Again I support this settlement and communication and data management City: bristol sincerely hope this issue will be permanently systems to manage their products. It is good State: ct resolved. Thank you for your support. timing to settle the issue and define the Zip: Sincerely, acceptable marketing practices for not only Phone: 860 584 9920 Robert M. Sheridan Microsoft but also other potential leaders in Fax: 860 589 3218 01/11/2002 16:15 6309900457 the technology industries. Reply To: [email protected] TBA CHICAGO PAGE 02/02 Again, I support your department and their Country: efforts to settle this lawsuit. Thank you for Date: 12/17/00 MTC–00031052 bringing the issue to closure. Time: 10:07:43 PM 01/11/02 FRI 15:14 FAX 801 227 9016 Sincerely, Remote Name: 64.252.5.219 GENEVA FINANCE 001 Joseph A. Cannon Remote User: GENEVA STEEL Chairman HTTP User Agent: Mozilla/4.75 [en] (Win98; P.O. BOX 25OO, PROVO, UTAH 84603 Geneva Steel Company U) PH. (801) 227–9166 JC:lp FROM: TIMMONSVILLE POST OFFICE FAX.(801)227–9016 \Faxgate \ Users \LPeters \USER 29161 FAX NO.: 8433467581 Jan. 10 To: ATTORNEY GENERAL JOHN \Managers\General John Ashcroft Ltr-Joe 2002 ASHCROFT Cannon.doc 09:21AM P1 DATE: 1/11/O2 EQUAL OPPORTUNITY—AFFIRMATIVE Letter illegible FAX: (202) 307–1454 ACTION EMPLOYER FROM: TIMMONSVILLE POST OFFICE RE: MTC–00031053 29161 FAX NO. : 8433467581 Jan. 10 SENDER: JOSEPH A. CANNON 2002 GENEVA STEEL COMPANY JAN.–11’02 (FRI) 16:39 09:21AM P2 YOU SHOULD RECEIVE 2 PAGE(S), LEGG MASON INCLUDING THIS COVER SHEET. TEL:412 833 9106 P.001 MTC–00031051 IF YOU DO NOT RECEIVE ALL THE 2589 Washington Road TBA PAGES, PLEASE CALL LORI PETERS @ (801) Suite 420 ENTERTAINMENT CORPORATION 227–9054 Pittsburgh, PA 15241–2566 NASHVILLE/LONDON/LOS ANGELES/NEW PLEASE DELIVER IMMEDIATELY January 10, 2002 YORK/DALLAS Confidentiality and Privilege Notice. This Attorney General John Ashcroft CHICAGO/PHOENIX/SAN DIEGO/SALT facsimile (including attachments) (1) US Department of Justice, 950 Pennsylvania LAKE CITY/ATLANTA contains confidential informaiton, (2) may be Avenue, NW INDIANAPOLIS/OMAHA/SEATTLE protected by the attorney-client privilege or Washington, DC 20530–0001 a business unit of TBA Entertainment other privileges, and (3) constitutes non- Dear Mr. Ashcroft: I want to use this short letter to express my Corporation (AMEX: TBA) public information intended to be conveyed support for the settlement reached between 1100 JORIE BLVD., STE. 300/OAK BROOK, only to the designated recipient(s). Microsoft and the Department of Justice. I IL 60523 If you are not an intended recipient, please believe the settlement is a good decision and TEL (630) 890–2500/FAX (630) 990–0594 delete this facsimile, including attachments, will be a good development for consumers. TO and notify me by return mail, facsimile or by The agreement requires significant changes COMPANY Attorney General John Ashcroft phone (801) 227–9054. The unauthorized in the way Microsoft conducts its business. PHONE # use, dissemination, distribution or The changes include agreeing that if a third FAX# 202–307–1454 reproduction of this facsimile, including party’s exercise of any options provided for SENT BY Robert Sheridan attachments, is prohibited and may be by the settlement would infringe any EMAIL [email protected] unlawful. Microsoft intellectual property right, TIME 3:17 PM Geneva Steel Company Microsoft will provide the third party with a DATE January 11, 2002 10 South Geneva Road license to the necessary intellectual property NUMBER OF PAGES INCLUDING COVER Vineyard, UT 84058 on reasonable and non-discriminatory terms. SHEET 2 Telephone: (801) 227–9054 Like many of the other terms in this 01/11/2002 16:15 6309900457 Facsimile (801) 227–9016 agreement, this is a significant concession. TBA CHICAGO PAGE 01/02 Email: [email protected] The government should view this as a good Robert M. Sheridan 01/11/02 FRI 15:15 FAX 801 227 9016 agreement for Americans. 3909 Rugen Road GENEVA FINANCE 002 The settlement will also be good for the Glenview, IL 60025 GENEVA STEEL American economy. It will provide some January 11, 2002 P.O. BOX 2500 certainty to the computer industry and give Attorney General John Ashcroft TELEPHONE: (801) 227–9000 consumers more freedom in choosing the US Department of Justice PROVO, UTAH 84603 products they desire. So I believe this 950 Pennsylvania Avenue, NW FAX: [801] 227–9090 agreement is good for the public and should Washington, DC 20530 January 10, 2002 have continued support at the federal level. Dear Mr. Ashcroft: Attorney General John Ashcroft Sincerely, I am writing to you today to voice my U.S. Department of Justice Dean Mack in opinion in regards to the Microsoft 950 Pennsylvania Avenue, NW cc: Senator Rick Santorum settlement case. I feel the settlement that was Washington, DC 20530–0001 reached in November is a complete and Dear Attorney General Ashcroft: MTC–00031054 thorough agreement. After three years of Congratulations on successfully 01/11/2002 16:44 502–561–5154 litigation, it is time we move on and face completing the negotiations between your TARC IT DEPT PAGE 01/01 other pressing issues. department and the Microsoft Corporation. 1918 Palatka Road This settlement not only allows Microsoft Finding the balance and fairness for both the Louisville, KY 40214 to remain together, but it also contains Microsoft Company and their competitors January 8, 2002 provisions that will foster competitive was difficult and technical. It seems that if Attorney General John Ashcroft activity. Microsoft has pledged to carry out Microsoft can accept the parameters your US Department of Justice all provisions of this agreement, including: have given them, the industry will be ready 950 Pennsylvania Avenue, NW sharing more information with other to move ahead with innovations and new Washington, DC 20530 companies and being monitored by a products. Dear Mr. Ashcroft: technical oversight committee. Microsoft has Everyone knows that the future is As a computer programmer and Microsoft in good faith agreed to terms that go beyond information, and information needs user, I am writing to express my opinion of
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the recent antitrust case settlement between MTC–00031056 I feel it will serve in the best public interest Microsoft and the US Department of Justice. Jan 11 02 01:14p Richard Woodrow 970–945 to end litigation against Microsoft. Thank you Although I am happy to see that Microsoft 7114 p.1 for your support. will not be broken up, I do think the January 11, 2002 Sincerely, settlement as it stands is too harsh. Attorney General John Ashcroft Erich Schoen Microsoft has been the leading innovator of US Department of Justice cc: Representative J. Dennis Hastert technology in the tech industry over the last 950 Pennsylvania Avenue, NW P. 0. Row 149. Geneva, IL 60134 Phone decade, They have created and refined Washington, DC 20530–0001 (630) 443–0036 systems that have benefited the whole Fax 1–202–307–1454 FAX: (630) 443–0047 industry. While I do think that Microsoft Dear Mr Attorney General: MTC–00031058 should maintain better relations with It seems like only yesterday you were in computer makers and software developers, the United States Senate and we both lived 01/11/02 FRI 11:21 they should not have to disclose the secrets on Justice Court across from the Hart Senate FAX 801 994 7991 of their technology. Building. I was a staffer then for Senator UPP 001/001 I am happy to know that this matter is Stevens of Alaska. Unable to chat going and Rob Bishop being settled and I hope that no further coming from work now, I am writing this January 10, 2002 litigation will be brought against Microsoft. letter instead. Attorney General John Ashcroft Sincerely, I am one of the many Americans who U.S. Department of Justice Wanda Doherty believe that the antitrust case against 950 Pennsylvania Avenue, NW Microsoft should have never been initiated or Washington, DC 20530–0001 MTC–00031055 brought to trial. However, now that Microsoft Dear Attorney General Ashcroft: Jan 11 02 03:09p Don Read has accepted the settlement in this case, I This letter comes to you in support of the 610–970–5567 p.1 trust you will continue to support the settlement proposal for the Microsoft anti- Evergreen Consignment Company, Inc settlement and end this case. trust lawsuit. Good Republican principles 810 Spruce Street In my view the settlement creates more allow businesses to seek their own markets Pottstown, PA 19464–4218 openness and competition in the IT industry and compete fairly. The settlement appears to 610–970–9925 by giving competitors greater access to address concerns from AOL, Sun January 11, 2002 Microsoft designs and codes. Microsoft’s Microsystems, Oracle, IBM, and Apple. Attorney General John Ashcroft disclosures to competitors under this These companies should be pleased with the US Department of Justice, settlement are unprecedented. Nevertheless, work you have done. 950 Pennsylvania Avenue, NW anti-Microsoft forces may try to derail the Your office is doing a great job in behalf Washington, DC 20530–0001 settlement and have the base brought back to of America’s citizens. Dear Attorney General Ashcroft: trial. Considering the expense and unfairness Thank you, It is in the best interest of the American of this case from beginning, I hope you won’t Rob Bishop public for the Department of Justice to allow this to happen and will see the Former Utah Republican Party Chair 74 North 300 East finalize settlement with Microsoft in the settlement completed. Brigham City, Utah 84302 antitrust case and for your office to urge the Again, I ask that you do your best to end the federal case against Microsoft. none states in opposition to settle as soon as MTC–00031059 With best wishes and congratulations for possible. the fine job you are doing with the President. 01/11/02 FRI 15:02 A number of the concessions violate Shirley Woodrow FAX 801 994 7991 Microsoft’s rights in a free market. For 401 W Yale Circle COMMUNICATIONS 001/001 W instance, to restrict Microsoft from entering Glenwood Springs, Co January 10, 2002 into third party agreements for exclusive or 81601–2851 Attorney General John Ashcroft fixed percentage distribution inhibits their U.S. Department of Justice ability to compete. Service companies such MTC–00031057 950 Pennsylvania, NW as Pepsi and Coca-Cola rely on these third 01/11/2002 13:23 6304430047 Washington, DC 20530–0001 party agreements to gain market share. NOVIX NET SPEC INC PAGE 01 Dear Attorney General Ashcroft: I also believe that Microsoft should be NOVIX I want to take this opportunity during the rewarded for its innovation in the tech sector. NETWORK SPECIALISTS INC. open public comment period to forward my Much time and money has been spent on January 11, 2002 support for the settlement the department redeveloping Microsoft’s superior products Attorney General John Ashcroft negotiated with the Microsoft company on and services and to have to disclose that US Department of Justice the anti-trust lawsuit. Intervention by the information violates their intellectual 950 Pennsylvania Avenue, NW federal government into the information property rights. Microsoft is also one of the Washington, DC 20530 technology industry has slowed the few companies who constantly updates and Dear Mr. Ashcroft: American economy and unfortunately caused improves it software. I have a whole shelf of I am writing you today to voice my opinion financial losses to major investors. Bringing software from other companies that they are in regards to the Microsoft settlement issue. the case to closure will be greatly appreciated either impossible to get a hold of or was just I am happy to see your office reach a in the financial community. The points of interested in selling you the initial program. settlement after such little time given the agreement have given fairness to the industry I know my Microsoft products are going to preceding administrations actions. and have defined how information be usable and upgradeable for a while. Microsoft has generated standards where technology companies can market their Our nation’s government should be there were none. The United States would products. We live in an information age and focusing on ways to ensure security for our not be the dominant player that it is in this transferring and using this information is people and help us lift out of recession. arena without the de facto standards created reliant on the superior computer technology Hindering our industrial powerhouses will by Microsoft. products we enjoy. only hurt our economic recovery. I urge your Although the remedies in the settlement Ending this lawsuit will allow product office to do the right thing and suppress may not be perfect, breaking this company up developers and marketers to move into the opposition and finalize the settlement. would is the wrong answer. Uniform pricing future with a new understanding of the laws I also want to thank you for your services requirements (please!) and non-retaliation that govern their industry. to this Country during these unprecedented agreements beat dissolution any day. I Again, I urge your support for the times and Americans fully support your believe we should let this company move settlement. efforts. forward and focus on business. Let the cry Sincerely, Sincerely, babies work instead of relying on an Jeff Wright Don Read President inherently inefficient system to help them President cc: Senator Rick Santorum compete. W Communications
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MTC–00031060 T. I. M. S. agreement and bring further litigation against Sent by: Ron and Dee Stephens digITal business works the Microsoft Corporation. Our American IT 757–523–7003 301 Alpha Park industry has come to a standstill while this 1/11/2002 5:04 PM Highland Hts. OH 44143 decision has been drawn out. Page 1 of 1 phone: 440–461–8467 Sir, as you are well aware, Microsoft and January 11, 2002 fax: 440–460–5424 the Department of Justice came to this Attorney General John Ashcroft www.timsol.com agreement after a long process of negotiation US Department of Justice January 11, 2002 overseen by a court-appointed mediator. The 950 Pennsylvania Avenue, NW Attorney General John Ashcroft terms of this settlement are equitable, both Washington, DC 20530 U.S. Department of Justice from the standpoint of Microsoft and its Dear Mr. Ashcroft: 950 Pennsylvania Avenue, NW competitors. Microsoft has agreed to a broad In regards to the settlement that was Washington, DC 20530 range of terms, including, but not limited to, reached in November between Microsoft and Dear Mr. Ashcroft, the disclosure of various integral line code, the government, I feel this settlement is fair I am writing because I am concerned about protocols, and interfaces within the Windows and reasonable, and I believe it is time to the status of the settlement reached between operating system, as well as reasonable, non- finally end this dispute. It will benefit the Microsoft and the federal government. I discriminatory licensing of applicable technology industry and consumers. understand nine states and DC were party to intellectual property rights. Microsoft is a company that has impacted the lawsuit, but refuse to join the settlement, I do not believe it is necessary to keep the our society and lives in the last fifteen years. and that they and Microsoft’s business case open any longer. I am satisfied that Thanks to innovative design and persistence, adversaries are trying to scuttle it in order to justice has been done. For the good of the Microsoft has gone from a fledgling company continue suing Microsoft. To allow this to American economy and the American IT to a giant enterprise. Microsoft should not be happen would be a miscarriage of justice as industry, I urge you to let the settlement be penalized for this. To end this litigation, well as cause a potentially devastating approved. Microsoft has agreed to provisions that go impact on the technology industry. Sincerely, way beyond the original issues of the lawsuit. The government went too far -when it filed Susan Warshawsky charges against Microsoft and the lawsuit It is time to allow Microsoft to focus its MTC–00031064 energies on more productive activities than should have never taken place. However, the litigation. Please do your part to ensure there settlement is a much better alternative to 01/11/2002 17:53 2152421475 will be no further action against Microsoft at continued, protracted, and costly litigation at FORDE G AND J PAGE 01 the federal level. the taxpayers’ expense. Settling this matter George S. Forde, Jr. Sincerely, will also allow Microsoft to re-focus its [215] 242–1475 (facsimile) Ron Stephens attention. [215] 242–8332 (voice) 641 E Fox Grove Court Interestingly enough, the issues at hand are [email protected] Virginia Beach, VA 23464 out of date because Microsoft had already PA Atty. ID # 02820 taken steps to improve its relationships with Fax MTC–00031061 its vendors and OEM’s. In spite of this, To: Department of Justice JAN–11–2002 02:45 P.01 Microsoft’s adversaries proceeded with the Office of the Attorney General BLANKENSHIP CONSTRUCTION, INC. lawsuit. Their intentions were not pure and Fax: 202–307–1454 Pages 3 (including cover POST OFFICE BOX 460—BUTTE, consequently led to a three-year-long court sheet) MONTANA 59703 battle that negatively impacted the Phone Telephone (406) 494–3450 Fax (406) 494– technology industry with respect to Date: Friday, 11 January, 2002 3960 innovation. Re: Microsoft Settlement January 11, 2002 The settlement is totally fair and should be cc: Hon. Rick Santorum Attorney General John Ashcroft accepted by all of the parties involved. It MS Freedom to Innovate Network US Department of Justice, 950 Pennsylvania addresses and resolves all of the complaints —Urgent—for Review Avenue, NW against Microsoft. In fact, it goes above and —Please Comment Washington, DC 20530–0001 beyond the scope of the original complaints. —Please Reply Dear Mr. Ashcroft: I urge you, as a member of the IT Industry, —Please Recycle I am writing you today to voice my opinion to move forward with finalizing the Comments: in regards to the settlement that was reached settlement. See Attached with Microsoft on November 2, 2001. I Sincerely, 01/11/2002 17:53 2152421475 believe this settlement is fair and complete, Jeffrey Kirk FORDE G AND J PAGE 02 and I am happy to see this dispute come to Project Manager 8401 Seminole Street PHILADELPHIA, PA an end. 100 OUTSTANDING GROWTH COMPANY 19118–3725 I do not feel that Microsoft got off easy on North Coast ORACLE Resource Service [215] 242–8332 (voice) this settlement. In fact, Microsoft agreed to Microsoft CERTIFIED Partner Cleveland [215] 242–1475 (facsimile) terms that extend well beyond the products Chicago [215] 284–1739 (cellular) and procedures that were actually at issue in [email protected] MTC–00031063 the suit, for the sake of wrapping up this suit PA Atty. ID # 02820 and being allowed to get back to business as 01/14/2002 19:32 FACSIMILIE & E-Mail 1 usual. 9133419697 Friday, 11 January, 2002 This settlement will benefit the technology WARSHAWSKY PAGE 01 Honorable John Ashcroft industry, the economy, and consumers. After Susan M. Warshawsky Attorney General three long years of litigation, it will be 8101 Nail Avenue U.S. Department of Justice refreshing to see Microsoft’s resources and Prairie Village, KS 66208 4946 950 Pennsylvania Avenue, NW time go to innovation, rather than litigation. January 14, 2002 Washington, DC 20530–0001 Thank you for your support. Attorney General John Ashcroft Dear General Ashcroft, Sincerely, United States Department of Justice Public opinion regarding the settlement of Bernice Blankenship 950 Pennsylvania Avenue, NW the antitrust case between Microsoft and the P.O. Box 460 Washington, DC 20530–0001 US Department of Justice has been solicited. Butte, MT 59703 Dear Attorney General Ashcroft: I offer this opinion as one who has been an TOTAL P.01 I am concerned that the antitrust interested user of computers for personal and settlement reached between Microsoft and business purposes since 1978 (before there MTC–00031062 the Department of Justice is not yet concrete. was a Microsoft). This has made me a bit of Jan 11 02 04:35 p Nine states now, including Kansas, are a student of industry and, eventually, an TIMS INC 4404605424 p.1 actively seeking to overturn the terms of investor in technology. So, I must admit to
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significant [for me] holding in MSFT—as cc: Senator Rick Santorum It seems foolish to spend scarce resources well as in companies that might be (facsimile only) on delaying the enactment of this, well considered to be its antagonists in this Microsoft’s Freedom to Innovate Network thought out, settlement. As we continue to matter. Still, I am not an apologist for (facsimile only) delay the competitive process, we continue Microsoft and believe that, on balance, I must to delay the growth of our IT sector. Let us MTC–00031065 agree with the presentation of this settlement support the technological growth of our made to the Judiciary Committee by Mr. 1/11/2002 2:48 PM FROM: Fax TO: +1 (202) country by allowing the market to move on. James of your office on 12 December, 307–1454 PAGE: 001 OF 001 Let us make sure that no more action be Microsoft is a monopoly. Paradoxically, I JRE CONSULTING, INC. taken against the settlement so that we can believe it got there, in part, with the help of Computer & Software Sales—Small Business allow our technology industry to focus on competitors like Apple, 2 IBM 3 and others Specialists business today. Thank you. who just failed to properly market sometimes 216 N. Tillamook St., Portland, OR 97227 Sincerely, superior product. Contrary to its claims, 4 the (503) 28I-3291 Charles Harris company is not particularly innovative, and FAX (503) 288–3087 its first offerings of its [E.g., MultiPlan, DOS, Email [email protected] MTC–00031067 Windows, Excel, Explorer, and so on] have WomanBusiness Enterprise, SBA Hubzone GREGORY BEDNAR TEL NO. 330–493–4843 been acquired and, at first, poorly January 11, 2002 Jan 11.02 20:15 P.01 implemented compared to others [Such as John Ashcroft, Attorney General 3728 Edgehill Circle NW VisiCalc, Lotus, or Resolve; CP/M and US Justice Department Canton, Ohio 44709–2232 U.S.A. MacOS; Netscape... ]. Washington, DC 20530 Voice/Fax 330–493–4843 However, Microsoft rather than being anti- Dear Mr. Ashcroft, E-mail: [email protected] competitive is hyper-competitive. It learns I understand how many could assume that January 11, 2002 from its mistakes and is increasingly better at Microsoft has been a bit overprotective Attorney General John Ashcroft execution of the ideas, whatever the source, regarding its software, and this may have led U.S. Department of Justice and it continually improves on them. It to the perception that Microsoft was trying to 950 Pennsylvania Avenue. NW delivers what the consumer demands monopolize the market. However, much that Washington, DC 20530–0001 has been said regarding their so-called [eventually] at a [hopefully] reasonable cost. Dear Mr. Ashcroft, ‘‘monopolistic’’ tendencies is simply For it own good, Microsoft cannot afford to I support the settlement of the antitrust rhetoric. What Microsoft has done to protect have the rivals all go away, though many litigation against Microsoft. Continuation of its proprietary products is both prudent and have. Neither the Department nor the this suit does not serve the best interests of reasonable. defendant got all the marbles at end of consumers or the economy. I would I therefore believe that the origins of this * Note: Due to the Excite@Home appreciate your consideration of the lawsuit are more because of Microsoft’s bankruptcy, this address will be inoperative following items. competitors’ efforts at using our legal system after 2/28/02, from 3/l/02 forward (possibly I am a retired police lieutenant. As I am to force Microsoft to give up part of its own earlier), please use retired, I spend a great deal of time on the product code, rather than from any actual [email protected]. unfair monopoly. This is but one area that computer, and on the internet. I have used 1 Signed original available on request the recent settlement addresses. Microsoft software since the early days of 2 Which bundled the MS spreadsheet While I have not had the time nor the DOS. Microsoft has continually produced ‘‘MultiPlan’’ with the first Macs. motivation to pore over every detail of this quality, user-friendly products. As a result of 3 Which opened the PCJr to DOS settlement, at first blush it appears to cover Microsoft’s innovations, consumers have had 4 But do really like Mr. Gates, based on a all the points of the lawsuit—and then some. available to them the very best technology. couple of brief encounters at a local users’ If anything, the settlement may have gone too Over the years, other companies, such as IBM group and more distant observation over the far, but since both parties have agreed to it, and Linux, have produced software, which years. He and Microsoft have done a great then it is better to get on with it. I am simply cannot compete with Microsoft’s deal for all computer users. therefore writing this letter to urge its final products. Microsoft’s success has resulted in 01/11/2002 17:53 2152421475 acceptance. the government’s needless meddling in our FORDE G And J PAGE 03 this case. That’s Sincerely, free market. The problem is not that the nature of a legal settlement. What has Joseph Engel—President Microsoft has engaged in predatory business been crafted seems, to me, to serve the best practices. Rather, this suit was brought as a interests of the public and the industry. MTC–00031066 result of the failure of other companies to One thing to remember is that, while the From Charles W Harris to 1–202–307–1454 at compete at the same level as Microsoft. focus of the case has been the ‘‘Wintel 01/11/2002 6:26 PM Pg 002/002 The antitrust case should not have been World,’’ and allegations of maintenance of 2303 Chatam Avenue Southwest brought against Microsoft in the first place, the OS monopoly; however, the market is Decatur, AL 35603–1815 I believe political factors, more than merit, much larger than that. For example, while I January 11, 2002 played an integral role in the initial decision use both Widows and MacOS, I very much Attorney General John Ashcroft to file this suit. During this time of economic prefer the latter, but I use the same Microsoft US Department of Justice, 950 Pennsylvania recession and the threat of terrorism, the applications [I.E. and Office] on both Avenue, NW government’s resources should be allocated platforms. Washington, DC 20530–0001 to pursuits other than needless litigation. I am concerned, therefore, that a separate Dear Mr. Ashcroft: Similarly, Microsoft’s should be free to settlement by the non-joining states—if it I write you regarding the recent Microsoft engage in what it does best—innovation of follows the path offered to them by settlement. Just when I thought that it was new and better products for its consumers. Microsoft—would actually weaken the effect settled, I find out that the settlement is being When this happens, the economy will surely of this settlement by making those states further investigated. It seems that after three benefit. accomplices in plan to cannibalize the Apple years of court battles, that the fairness of this Thank you for considering these [and other] share of the education market. No settlement is still being questioned. This comments. need to spell out the obvious here, but, if the seems to simply be delaying the process. Sincerely, states want compensation, it should be paid Since the settlement requires Microsoft to Gregory Bednar outright or in the form of grants to disclose information about Windows technological projects and spending not interfaces, as well as restructure both MTC–00031068 defined by the defendant. If possible, those licensing and marketing campaigns, it seems 01–11–02 18:22 From—FINANCIAL states should not be allowed to make a that it can only be beneficial to all involved. PACIFIC 9166303889 T–300 P.O1/O1 F– separate peace that would undermine this By allowing this settlement to stand, as is, 914 one. our technology industry can continue to FINANCIAL PACIFIC Sincerely, grow, and help get our economy back to Direct Dial Direct Facsimile George S. Forde, Jr. normal. (916) 386–3833 (916) 386–3889
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January 8, 2002 severely restrict the users’ ability to access David Saunders [email protected] Attorney General John Ashcroft low-level system functions necessary to Patrice Koehl PhD [email protected] U.S. Department of Justice develop large-scale scientific applications. Chris Summa [email protected] 950 Pennsylvania Avenue, NW These restrictions are completely Nizar Batada [email protected] Washington, DC 20530–0001 understandable from a business perspective, Computational Structural Biology group, Dear Mr. Ashcroft: and we are not expecting the situation to Stanford University http://csb.stanford.edu Even though the effects of this Microsoft change, Microsoft Windows and Microsoft Sherman French Building Stanford CA lawsuit would not have had any immediate products are targeted to businesses and 94895–5128 effect upon my company, eventually public consumers, and not to a relatively narrow but 659 723 6791 800 723 9124 http:// confidence in the entire computer industry important community of scientists who structuralbiology/stanford.edu could have eroded to the point where most crunch numbers and run molecular and MTC–00031070 software developers would have been genetic simulations. Our needs are met very distracted from their core business of new well by the proprietary Unix variants, as well 01/15/1995 19:31 216400 CAROL WHITE software development and forced to as by a vast collection of programs Page 01 concentrate on marketing and sales concerns. copyrighted under the Gnu Public License 1–11–02 As such, the settlement is an important and its related variants. Justice department should leave Microsoft decision. I ask you to continue to support it We are worried, however, that in its quest alone. A good settlement for this company is through the comment period, and preserve for dominance in new and emerging markets, in the best interest for America. This the spirit of free enterprise and the Microsoft will severely endanger the very Company provides good jobs & is run by pragmatism of consumer confidence. The survival of the solutions mentioned in the good people. It’s time to do the right & good settlement clarifies what constitutes unfair preceding paragraph. If our tools are forced things for our country. behavior in the marketplace, and Microsoft out of existence through increasing isolation Carol L. White has agreed to end its retaliatory actions and propriatorization of standards. We will Everett, Wa. 98203 toward software companies that write have no replacement, and science will be MTC–00031071 programs that compete with Microsoft’s, and greatly harmed as a result. Our case quite toward hardware companies that load non- different from, say, Microsoft Word Friday, January 11, 2002 8.24 PM John O’Flaherty 360 825 0302 p.01 Microsoft software onto their computers displacing Word Perfect as the dominant FAX before shipping. word processor with help of superior ATTN. Mr. John Ashcroft The IT industry has led our national programming or better business marketing. Fax Number 12023071454 economy through one of the longest running The issue that Open Source software should Phone Number periods of economic expansion in our be protected by the First Amendment FROM John O’Flaherty country. I am looking forward to the (although an important one) is not entirely on Fax Number 360 825 0302 settlement as a signal that once again, our point to this litigation. In this comment we Phone Number 360 825 2977 economy can recover with the IT industry would like to point out that some of Number of Pages 2 leading the way. I support this settlement, Microsoft’s business practices can and will Date 1/11/2002 and I hope that no further federal action will degrade the ability of alternate software solutions to communicate with each other MESSAGE: be contemplated against Microsoft. Friday, January 11, 2002 8.24 PM John Sincerely, and with the vast majority of the worlds computers running Microsoft Windows. We O’Flaherty 360 825 0302 p.02 Timothy N. Blaede DOROTHY O’FLAHERTY Vice President, Information Services are especially concerned with the continuing ability for different computer systems to 42822 257th PLACE SE FINANCIAL PACIFIC INSURANCE ENUMCLAW, WA 98022 COMPANY coexist and share resources, such as file systems, Internet protocols, printing, January 11, 2002 P.O. Box 292220 Attorney General John Ashcroft Sacramento, California 95829–2220 programming languages, data formats. Sherman French Building United States Justice Department MTC–00031069 Stanford CA 94895–5128 950 Pennsylvania Avenue, NW 659 723 6791 Washington, DC 20530 JAN 11, 2002 5:48 PM SUMC Dear Mr. Ashcroft, STRUCTURAL BIO NO. 8502 P.1 800 723 9124 http://structuralbiology/stanford.edu I am writing to you today to express my STANFORD support of the settlement reached last SCHOOL OF MEDICINE JAN 11, 2002 5:48 PM SUMC November. Three years have past in which Stanford University Medical Center STRUCTURAL BIO NO. 8502 P.2 Microsoft has been subjected to legal DEPARTMENT OF STRUCTURAL BIOLOGY STANFORD SCHOOL OF MEDICINE harassment at both the state and federal level. 10 January 2002 Stanford University Medical Center I believe that the settlement is beneficiary in To whom it may concern: DEPARTMENT OF STRUCTURAL that it will allow Microsoft to focus on The following is a comment on the BIOLOGY business. proposed settlement in the United States vs. We do not know which of the possible The lifting of contractual restrictions under Microsoft case. outcomes of this lawsuit will serve the the terms of this settlement will have a major The intent of our statement is to bolster the scientific community best. We simply want impact on the technology industry. Microsoft comments of the alternative software camps, to remind the court to consider our interests has agreed not to enter into any contracts such as the Open Source Movement, the Free in any remedy that it shall prescribe. with vendors or manufacturers that would Software Foundation, Linux, the Samba This statement is not intended to list the favor Windows technology exclusively or at group, et. al. We wish to support the issues exact technical issues that would threaten the a fixed percentage. In addition, Microsoft and suggestions that these groups will software solutions that are important to our will not enter into contracts that would present to this court. research. Rather, we request that the court obligate software developers to develop only We are scientists who use computers to listen to suggestions from the following Microsoft software. investigate fundamental questions of groups on the settlement: These agreements should appease molecular biology. In our work we use a wide Free Software Foundation http:// Microsoft competitors. I am just happy to see range of computers and operating systems. www.fsf.orq Samba Group http:// an end to this nonsense. However, the overwhelming majority of our www.samba.org. Sincerely, experiments are done on UNIX operating IBM Corporation http://www.ibm.com SGI Dorothy O’Flaherty systems, such as Linux, IBM’s AIX, Compaq’s (Silicon Graphics) http://www.sgi.com Red Tru64 and SGI’s Irix. Linux clusters are the Hat Corp. http://www.redhat.com MTC–00031072 workhorses of our research. Using Microsoft SuSE http://www.suse.com From PETER HOLDEN to 1–202–307–1454 at products to crunch genetic codes would not Sincerely, 1/11/02 10:45 PM Pg 001/001 be a question of cost, it would simply be Boris Fain PhD [email protected] 19312 East Eldorado Drive impossible. Microsoft and Microsoft products Michael Levitt [email protected] Aurora, Colorado 80013
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January 11, 2002 anything that might compromise ‘‘security’’. Further federal litigation against Microsoft Attorney General John Ashcroft This is far too broad an exemption! You may would be considered by many as nothing US Department of Justice be aware that Microsoft altered the Kerberos more than harassment. It’s time for the 950 Pennsylvania Avenue, NW security protocol in undocumented ways. government to let the settlement fall into Washington, DC 20530 Does not this clause allow them to keep those place. Dear Mr. Ashcroft: modifications hidden in the name of Sincerely, Microsoft and the Justice Department have security? In fact, this exemption would allow Pat Farin come to an agreement in the antitrust case. them to continue excluding non-Microsoft MTC–00031076 This agreement has led to a settlement that servers. could finally put this case to rest. It is my Indeed, as CNET News analyst John 01/12/02 10:16 516 360 2176 ROGER hope that you will strongly support the Borland says, Despite those restrictions, the TEURFS P. 01 settlement and ensure it is put into put into agreement would not force Microsoft to Roger Teurfs place so this case can end at the federal level. change its own software-a critical omission 7 Partridge Lane I have worked in the software industry that critics say makes the deal relatively P.O. Box 477 since the early 1980’s and saw the popularity toothless. The provision would allow the Saint James, New York 11780 of Microsoft products raise not because of new XP operating system to remain as is, and January 12, 2002 monopolistic practices but because of their it would allow Microsoft to continue to add Attorney General John Ashcroft ease of use. Because of Microsoft millions of new features that compete with independent US Department of Justice average persons are able to use computers, companies’’ products, such as audio and 950 Pennsylvania Avenue, NW., and not just hobbyists and professionals. The video players, instant messaging, or voice Washington, DC 20530 settlement is on the table will help to telephony features. That means Microsoft Dear Mr. Ashcroft: alleviate any concerns about competitiveness would retain its platform for putting virtually I am writing you today to express my in the IT industry. What is most beneficial any software function only a mouse-click opinion in regards to the Microsoft about the settlement is that it will end this away from consumers. settlement that was reached in November. I case and allow the IT industry to start Finally, having read through Judge feel this settlement is adequate to address the focusing on software and not court cases. Jackson’s Findings of Fact, and the order issues of this anti-trust dispute. It is time to I support this settlement, and look forward from the Court of Appeals, I find it offensive let drop this issue and move on to more to seeing the case resolved. in the extreme that ‘‘this Final Judgment does pressing concerns facing us today. Sincerely, not constitute any admission by any party The settlement was reached after extensive Peter Holden regarding any issue of fact or law’’ (preamble negotiations and is complete. Microsoft has of Proposed Final Judgment). The Appellate agreed to carry out all provisions in this MTC–00031073 court upheld Judge Jackson’s findings of fact, document, including: disclosing more JAN–1–12–02 12:00 AM 728 32746 510 429 and they also agreed unanimously that information to competing companies, being 0968 P. 02 Microsoft illegally leveraged their monopoly closely monitored for compliance with the FAX MESSAGE power in Operating Systems into other areas. terms of the settlement, using uniform To To ATTNY General John Ashcroft From Thank you for your attention. pricing when licensing Windows, and non- From Pat Faria Very truly yours retaliation agreements with vendors. Tel. 510–429–0968 Collin Park This settlement will benefit the economy Fax. 510–489–3214 Reply fax and do a lot of good. I sincerely hope there Number of pages (including coversheet 2 360–351–0021 will be no further action against Microsoft at Date Jan. 11, 2002 Time 10:30 Am the federal level. Thank you for your MTC–00031075 Message box attention to this matter. Attached is letter re: Microsoft JAN-12–02 12:00 AM 728 32746 510 429 Sincerely, Please read 0968 P. 01 Roger Teurfs This fax was generated and transmitted by 372 Tropicana Way MTC–00031077 computer using software from Trio Union City, CA 94587–4122 Information Systems January 10, 2002 01/12/2002 09:31 217–536–5250 JAMES R Attorney General John Ashcroft BOND PAGE 01 MTC–00031074 US Department of Justice, 950 Pennsylvania P.O. Box 954 FROM: the Parks FAX NO.: +1–650–369– Avenue, NW., Effingham, Illinois 62401 3291 Jan. 11 2002 11:34PM P1 Washington, DC 20530–000l January 10, 2002 3149 Page Street Dear Mr. Ashcroft: Attorney General John Ashcroft Redwood City, California 94063 After three long years of court battles, US Department of Justlce 10 January 2002 Microsoft and the government have settled an 950 Pennsylvania Avenue, NW., Renata B. Hesse antitrust lawsuit that has profound Washington, DC 20530 Antitrust Division implications for all software publishers, the Dear Attorney General Ashcroft: U.S. Department of Justice rest of the Information Technology industry I wanted to let you Know what I thought 601 D Street NW., Suite 1200 and consumers. The settlement they came up of the case against Microsoft, This case was Washington, DC 20530–0001 with is more than fair and reasonable, and totally unnecessary, and I am writing you Re: Microsoft Settlement was arrived at after extensive negotiations today to express my opinion on the Microsoft Dear Ms. Hesse, with a court-appointed mediator. settlement issue. I feel the settlement that As a home and office computer user, I’m Under the agreement, computer was reached on November 2. 2001, is fair and writing to express several concerns with the manufacturers were granted new rights to reasonable. I am glad this three-year-long proposed settlement. The ‘‘PLAINTIFF configure system with access to various dispute is finally resolved. LITIGATING STATES’’ RE-MEDIAL Windows features. Microsoft must design Microsoft is a company that has done PROPOSALS’’ dated December 7, 2001, are future versions of Windows to make it easier much for our economy and has made many excellent; I would focus on a few points. to install non- Microsoft software and to contributions to the technology industry This My first concern is in article III (Prohibited disclose information about certain internal company should not be punished for being Conduct) section B, paragraph 3: ‘‘market interfaces in Windows. The government successful and creating quality products. development agreements’’. Did not such created an onqoing technical oversight Microsoft should be able to devote its time market development agreements provide the committee to review Microsoft software and resources to creating and marketing its means by which Microsoft illegally leveraged codes and books, and to test Microsoft innovative software, rather than litigation. its operating systems monopoly into other compliance to ensure that Microsoft abides I am very pleased with your decision to areas? by the agreement. settle with Microsoft This decision is a step A second concern is in III,J,l, where Microsoft made many more compromises in the right direction towards an improved Microsoft is excused from disclosing that will significantly benefit its rivals. economy Thank you for your support
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Sincerely, been extremely beneficial to America. They I am a believer in free enterprise, and I do James Bond helped give us the most successful economy not believe Microsoft should be punished for in history, only to have it derailed by the doing its job successfully. This settlement MTC–00031078 DOJ. Remember, the economy started to slide was reached after extensive negotiations. FROM : Fred Marklund FAX NO. : when the lawsuit was announced, and now Microsoft has agreed to all terms of the 0000000000 Jan. 12 2002 07:18 AM P1 we are in a recession. Now that there is a new agreement; terms that extend well beyond the Fred Marklund administration, please correct the wrongs issues of the original lawsuit, all for the sake 263 North Shore Rd that were committed against us by the of moving on from this continued litigation. Lake Oswego, OR 97034–3807 Clinton years and approve the settlement as Microsoft will, for example, share January 12, 2002 soon as possible. information with its competitors regarding RENATA B. HESSE Microsoft has been incredibly beneficial to the nature of Windows, which will all them ANTITRUST DIVISION America, and this settlement will help them to place their own programs on the operating US DEPT. OF JUSTICE get back to where they used to be. A healthy system. 601 D STREET, NW., #1200 Microsoft equals a healthy economy, which We are facing economic difficulties at the WASHINGTON DC 20530 equals a healthy America. present time, and it would not be productive Re: Microsoft Sincerely, to waste our time on this issue. We must do To Whom It May Concern: Adrian Sobie all we can to boost our economy. Restricting The federal government won the case and Microsoft will not accomplish this. This fight then just ‘‘pissed’’ it away in the last couple MTC–00031080 should have never been started. But now that of months. Douglas P. Fields it has, let’s end it and go forward. Microsoft is a true monopoly. The 100 Midwood Road Thank you, company is a reflection of its corporate Greenwich, CT 06830 George McClure officers. There ore no morals, ethics, TEL: (203)661–2978 P.O. Box 1231 integrity, or sense of fair play. Those boys FAX: (203)661–2996 Woodstock, GA 30188 and girls reflect the motto, ‘‘He who dies [email protected] (770) 591–1808 with the most toys wins.’’ By Fax: 1 202 307 1454 or 1 202 616 9937 FAX (770) 924–6246 Windows’’ source code needs to be in the By Email: [email protected] MTC–00031082 public arena. Microsoft is entitled to payment January 12, 2002 for the source code each time it is used, but Attorney General John Ashcroft Jan 12 02 11:07a James M Cox 516–399–8166 their products cannot have secret ‘‘hooks’’ United States Department of Justice p.1 into Windows that no other company has. It 950 Pennsylvania Avenue, NW., James M Cox needs to run Java, too. Washington, DC 20530–0001 44 Carlin Drive Management of Microsoft has nothing but Dear Attorney General Ashcroft: Mastic, NY 11950 contempt for the rule of law. They have I believe that the antitrust case against January 11, 2002 abused the first court case a number of years Microsoft was inappropriate from its very Attorney General John Ashcroft ago. You can be darn certain they will abuse inception and that the government should US Department of Justice this decision. not have interfered with one of our country’s 950 Pennsylvania Avenue, NW., I think Windows, NT, and Internet most successful and innovative private Washington, DC 20530 Explorer need to be broken off into a separate businesses on the basis represented by the Dear Attorney General Ashcroft: entity with a strong master overseeing every antitrust suit. I am pleased that the Justice I am writing to express my sentiments move they make. Again the leadership of Department has finally decided to reach a regarding the Microsoft settlement. I feel that Microsoft is totally and irrefutably settlement in this case. It has been three long your office has reached a fair and reasonable unscrupulous. They are the Mafia of the years. agreement that will provide certainty about software industry. Would you trust the Microsoft has given up a lot in this the new rules imposed on the IT sector. I do Mafia? settlement. It has agreed to make future not see any benefit in pursuing further Sincerely, versions of Windows easier to use non- litigation at the Federal level, and am happy Fred Marklund Microsoft software, and it has agreed to to see that your office will be free to pursue CC: Bob Williams at EFF disclose a lot of information on the internal more urgent matters affecting our nation. operating system, which is a first as far as I The settlement will benefit all software MTC–00031079 know. publishers, the IT industry as a whole, and 01/12/02 SAT 11:17 FAX 800 641 2255 001 I am certainly happy that government has consumers. The resumption of competition To: Renata B. Heese decided to limit its involvement in will stimulate our economy, while giving the 202–307–1454 Microsoft’s business affairs, at least for now. consumers more choices. As far as the Microsoft Antitrust Settlement I hope that continues to be so. Thank you for competition is concerned. 0l/l2/02 SAT 11:17 FAX 800 641 2255 002 taking the time to read my opinion on this Microsoft will change the way it develops, 3705 Purks Court matter. licenses, and markets its software in order to Alexandria, Virginia 22309 Sincerely, accommodate independent vendors. January 11, 2002 Douglas P. Fields Furthermore, Microsoft is required to make Attorney General John A&croft JAN–12–2002 11:14 PSC/TDA available its technology to a competitor, US Department of Justice GREENWICH OFFICE 2036612996 P.01/01 should that competitor infringe on its 950 Pennsylvania Avenue, NW., intellectual property. Washington, DC 20530 MTC–00031081 We don’t need more federal litigation to Dear Mr. Ashcroft: The McClure Company, Inc. keep Microsoft in check. Under your I am writing this letter so that I may go on January 11, 2002 settlement, competitors can sue Microsoft if record as supporting the settlement that was Attorney General John Ashcroft they don’t think the company is complying reached between Microsoft and the US Department of Justice with the terms of the agreement. I think that Department of Justice. Although I am not 950 Pennsylvania Avenue, NW the complaints that brought about the lawsuit happy with all of the details in the Washington, DC 20530 have been addressed, and that your office has settlement, I am glad to see that the antitrust Dear Mr. Ashcroft: set up protocol on how to handle future suit has been terminated. Microsoft should I am writing you today to express my problems. Your office has done its job, and have never have had to go to court and opinion in regards to the Microsoft now it is time to let businesses compete. I defend itself against ridiculous charges of settlement reached in November. This want to let you know that I approve of your antitrust violations. Apparently three years settlement is fair and reasonable, and I for settlement agreement, and I appreciate your back, the Department of Justice had nothing one am tired of this on-going debate. It is taking the time to hear my opinions on the better to do than to chase after Bill Gates and time to end this litigation and deal with more matter. his successful corporation. Microsoft has pressing concerns. Sincerely,
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James Cox It is apparent that Microsoft isn’t gettlng off striking of which is Microsoft’s agreement to easy with this settlement. I support the have a technical oversight committee regulate MTC–00031083 agreement, and hope it is implemented as their compliance with settlement policies. Jan 12 02 12:09p milt ackerman 954–763– quickly as possible so that Microsoft can This inclusion of a third party watchdog 1244 p.1 reclaim its leadership role in the information agency assures Microsoft’s commitment to Richard Ackerman technology sector. the settlement. 140 Elm Drive, Roslyn, New York 11576 Sincerely, Microsoft has done more for the American January l0, 2002 John Harland economy than any other corporation in our Attorney General John Ashcroft 6850 Old US Highway 45 S nation’s history to date It is time we allow US Department of Justice Paducah, KY 42003 Microsoft to return to business. 950 Pennsylvania Avenue, NW., MTC–00031086 Sincerely, Washington, DC 20530 Mark Collins Dear Mr. Ashcroft: Jan 12 02 03:19p Carl Associates 860–763– As a business owner, I am quite familiar 2110 p.1 MTC–00031088 with how nonproductive expenses can hurt Harry R. Plander II JAN-12–2002 12:49 PM DIGITAL your business and, in turn, your customers. 24 Still Meadow Lane INTELLIGENCE 520 579 3448 P.01 The amount of money that has been wasted Somers, CT 06071 8301 N. Westcliff Drive on the Microsoft vs. US suit escapes reason. January 8, 2002 Tucson, AZ 85743 Both the federal government and Microsoft Attorney General John Ashcroft January 12, 2002 have spent millions of dollars on the suit; U.S. Department of Justice Attorney General John Ashcroft money that could have been better spent, in 950 Pennsylvania Avenue, NW., US Department of Justice the case of the Department of Justice Washington, DC 20530–0001 950 Pennsylvania Avenue, NW., pursuing true criminals and in Microsoft’s Dear Mr. Ashcroft, Washington, DC 20530 case, creating better technology products for I am extremely happy to see that there has Dear Mr. Ashcroft: the consumer. The problem that the federal finally been a settlement between the U.S. I am writing to express my strong approval government has created in the economy and Department of Justice and Microsoft in of the recent settlement in the three-year in the IT industry with this lawsuit will take regards to the antitrust case. The government antitrust dispute between Microsoft and the years to repair. had no right to file suit in first place, and I federal government. After three long years of Like many residents of New York, I am only hope that the concessions Microsoft will litigation and three intensive months of relieved that the lawsuit may have finally be making will ultimately turn out to be in negotiation with a court appointed found a resolution at the federal level. The the best interest of the public. moderator, this settlement offers the country end to this entire matter cannot come soon The settlement certainly forces Microsoft to the chance to end this messy affair. enough. The suit has become a burdensome make ample concessions. Microsoft will need The terms of the settlement were fair and ordeal for all the involved parties. For to redesign XP—and other versions of reasonable. The new government regulations Microsoft, the task of having to defend itself Windows—to be more accommodating to being imposed will hinder Microsoft, but the as a business before the federal government non-Microsoft products. Even end users will for working in the same way any other find it easier to configure and reconfigure settlement will allow Microsoft to get back to business might is an embarrassment to the their desktops, as their circumstances innovation and the development of American way of doing business. It is time change. Microsoft will also have to make technology for the future. These new that the Department of Justice ends this suit concessions to hardware manufacturers; regulations include forcing Microsoft to once and for all. The terms of this settlement regardless of what programs are put on the submit to a three person, government allow for the public interest to be Windows platform, there will only be one appointed technical oversight committee, represented. Please move on and end this regulated price for licensing for all hardware whose role it is to ensure Microsoft’s judicial debacle. manufacturers. compliance with this settlement agreement. Sincerely, I support Microsoft in many ways and Furthermore, the agreement requires Richard Ackerman believe that their products and services have Microsoft to grant computer makers broad greatly influenced al of our lives in positive new rights to configure Windows so as to MTC–00031085 ways. I sincerely hope no further legislation promote non-Microsoft software programs 1/10/02 THU 15.44 FAX 800 641 2255 002 is brought against Microsoft and that they are that compete with programs included within January 10, 2002 allowed to focus on business—instead of Windows. This provision will allow Attorney General John Ashcroft politics—in the near future. consumers to have the freedom to choose to US Department of Justice Sincerely, change their software configuration at any 950 Pennsylvania Avenue, NW., Harry Plander time. Washington. DC 20530 ‘‘Let’s Roll America’’ As a computer professional with 22 years Dear Mr. Ashcroft: of experience in the computer field, and with I was very glad to see that after three long MTC–00031087 Bachelor’s and Master’s degrees in computer years of legal battles, Microsoft and the JAN-12–02 TUE 02:37 PM MARK COLLINS science, I am very aware of the technical and Department of Justice came to a settlement on 504 277 0221 P. 01 business issues involved in the case and the the anti- trust suit. The current agreement 3220 Corinne Drive settlement. I firmly believe that continuing to requires Microsoft to compromise on many Chalmette, LA 70043–3841 protract this case will have an adverse effect issues while still allowing for a competitive January 10, 2002 on the PC industry and other segments that market. While Microsoft may be giving up a Attorney General John Ashcroft depend on it. I also feel it would be a waste great deal, it believes that to settle the suit US Department of Justice of time and taxpayer money to do anything now would be beneficial to the IT industry. 950 Pennsylvania Avenue, NW., at this point other than to implement the Those that continue to seek further Washington, DC 20530–0001 terms of the settlement and move forward. litigation are only spending tax dollars on a Dear Mr. Ashcroft: With the current state of our economy, we battle that has already been won. This I am writing to you today to express my don’t need to be hamstringing one of the settlement is fair and reasonable to Microsoft support of the settlement reached between strongest companies in the nation. This competitors and consumers alike. Microsoft Microsoft and the Department of Justice. As settlement will allow Microsoft to focus on will allow its competitors access to sensitive a Microsoft supporter, I have followed the business, rather than legal strategy, and for coding and software information. This access litigation process closely. I believe that that reason, I support it. will make it easier for computer Microsoft has made many concessions during Sincerely, manufacturers to remove Microsoft programs this process. I am glad to finally see the end, Kenneth S. Gregg from Windows and replace them with other so that Microsoft can return to focusing on companies’’ products. The settlement will what it does best-information technology. MTC–00031089 create an oversight board that will ensure Again, Microsoft has made several 01/12/2002 15:35 3014241545 ALPHA Microsoft complies with the settlement. concessions under this settlement. Most SIDING INC PAGE 01
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11501 Alcinda Lane Ernie Levy settlement, unlike many antitrust settlements North Potomac, MD 20878–2400 before it, has real enforcement power. Under January 12, 2002 MTC–00031091 the settlement, Microsoft will be forced to Attorney General John Ashcroft Fred C. Buhler share code with its competitors. Armed with United States Department of Justice 8095 Fernwood Dr. the knowledge of how Microsoft operates, 950 Pennsylvania Avenue, NW., Augusta, Michigan 49012 other companies will be able to place their Washington, DC 20530–0001 Attorney General John Ashcroft programs on the operating system, and Dear Attorney General Ashcroft: U.S. Justice Department compete with Microsoft on its on ‘‘turf.’’ This letter is to address the issue of the Washington, DC Additionally, the tenets of the settlement will settlement between the Department of Justice Dear Mr. Ashcroft, be enforced by a technical review committee. and Microsoft. I want to give my support to My purpose in writing is to address the This committee will monitor Microsoft full this agreement. antitrust settlement reached between time, making sure that the company’s I also understand that Microsoft has not Microsoft and the Justice Department, I am in business practices do not stray come gotten off very easy. I do not believe the agreement with the current settlement and I anywhere close to being anti-competitive. initial lawsuit was justified, but Microsoft wish to see Microsoft freed of further legal The settlement strikes me as being overly has conceded to the Department of Justice’s wrangling. Bringing a swift end to the big-brotherish, but if Microsoft is willing to demands, agreeing to, among other things, to antitrust case is of the utmost importance accept these terms, then I am as well. I design future versions of Windows to make given our current economic situation. We support the settlement, and look forward to it easier for computer makers, computer have already poured a great deal of resources the day when this lawsuit is no longer an programmers and others to promote non- into these proceedings and now is the time issue. Microsoft software within Windows. Further, to move forward, not continue rehashing a Sincerely, Microsoft has agreed to disclose—for use by three-year-old issue. Todd Benjamin their competitors—various source codes that The terms of the settlement with the MTC–00031093 are internal to Windows’’ operating system Department of Justice seem both punitive and products. This could be a first in antitrust reasonable. Microsoft will have to open FROM : ED AND Z KIRDAR settlements. Microsoft has gone far beyond relevant portions of its Windows code to PHONE NO. : 602 838 1953 what was demanded in the initial suit. software suppliers and competitors, permit Edib Kirdar Associates I urge you to approve this settlement and computer makers to configure Windows with EK ASSOCIATES allow us go forward. other software and give competitive browsers 1725 E. La Jolla Dr. Thank you. a more equal footing. I believe that future Tempe, AZ 85282–5780, USA Sincerely, computer users are being awarded E-Mail: [email protected] Clio Koutzoumis protections from the violations that were Telephone. (480) 838—l953 raised as issues in this proceeding. Facsimile: (480) 775–2539 MTC–00031090 I have been opposed to this proceeding Attorney General John Ashcroft 64209 E Greenbelt Lane from the start. It troubles me to see US Department of Justice, 950 Pennsylvania Tucson, AZ 85739–1205 companies like Microsoft have their Avenue, NW., January l0, 2002 competitive edge dulled by interminable Washington, DC 20530–0001 Attorney General John Ashcroft antitrust intrusion. Nevertheless, I now sense January l0, 2002 US Department of Justice, 950 Pennsylvania that the settlement is a correct course of Dear Mr. Ashcroft: Avenue, NW., action. We need to put this unfortunate I am writing this letter in support of the Washington, DC 20530–0001 episode behind us and hope that Microsoft November 2, 200l settlement reached by the Dear Mr. Ashcroft: can get back to the challenge of creating new US Department of Justice and Microsoft. I write you in reference to the recent and better products rather than languishing However, I would like to state that I continue Microsoft settlement, and to express my in court. to be opposed to the antitrust case itself. I concern with its delay. This is a settlement Sincerely, feel that Microsoft’s operations didn’t that is the result of three months of intense Fred C. Buhler warrant the lawsuit. But, I am very pleased negotiations, mediated by a court appointed that a settlement has finally been reached. moderator. The settlement contains MTC–00031092 Microsoft has provided a new vision for provisions that extend beyond the 01/12/02 SAT 17:54 FAX 800 641 2255 001 the technology industry. In addition, government’s original grievance list. In fact, FAX COVER SHEET Microsoft has given a new and greater this settlement agreement forces Microsoft to DATE: 1/12/02 understanding of computers to the public. I submit to a government appointed, three- TO: Renata Hesse can’t begin to imagine what the government person, technical oversight committee whose FAX: 1–202–307-l454 found wrong with the way Microsoft responsibility it is to ensure Microsoft’s FROM: Todd Benjamin conducts its business. I feel the government compliance. Additionally, Microsoft is forced PHONE: 703–243–4002 was wrong to target Microsoft and also for to document and disclose the various Number of pages including cover sheet: 2 trying to break apart this company. Our interfaces of Windows’’ operating system to Comments: Microsoft Settlement government should spend its time and its competitors, a requirement that is a fit in 1/12/02 SAT 17:54 FAX 800 641 2255 002 resources, which are funded by taxpayers anti-trust litigation. This settlement appeases Todd Benjamin like myself. on matters that directly affect the ail parties. 844 North Frederick Street public. Making Microsoft share its The settlement that has been reached, Arlington, Virginia 22205 programming information with competitors speaks to the restoration of a competitive January 12, 2002 by disclosing their internal interface codes, market and continued growth in our Attorney General John Ashcroft and being under the constant eye of the technology industry. The IT sector has been U.S. Department of Justice Federal government with a three-person ready to move on, while the government has 950 Pennsylvania Avenue, NW., monitoring committee is totally unnecessary. been delaying the process. Not only does our Washington, DC 20530 In our great country, we shouldn’t penalize technology Industry benefit from this Dear Attorney General Ashcroft: individuals or companies that make strides settlement, but our economy as a whole. Just I support the settlement between Microsoft above the rest. In fact, our government when our country needs support, we are and the Department of Justice. The antitrust should do the exact opposite, and encourage holding it back from further development. case has gone on for too long, and it has more growth and innovation from private Let us not waste our resources in further drained significant resources on each side. businesses, This will only strengthen our delaying a settlement that has already been The settlement offers an opportunity to put weakened economy. Microsoft has the ability agreed on. Help support this settlement and this mess behind us, and we need to take that to provide our country with endless our economy by making sure that no further opportunity. innovation. action is taken. Critics of Microsoft say that the settlement Please allow them to do so Sincerely, is too weak, but that is not the case. The cc: Representative Jeff Flake
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Sincerely, Microsoft all consider this settlement to be a Microsoft. I keep looking for alternative Edib Kirdar fair one. I understand that it addresses those products. These days, Microsoft simply has items of the lawsuit which have been upheld the best products. MTC–00031094 other courts. The government should do only enough to Beryl Lerner As one who was surprised by the federal make sure companies compete based on 23 Stone Pine Court and state government decision to go after products, services, and price, and that Pikesville, Maryland 21208 Microsoft in the first place and I am further companies do not eliminate competitors by January 12, 2002 surprised that some are not satisfied with this abuse of strength. I think the current Attorney General John Ashcroft settlement. If this settlement is approved settlement is enough. Requiring more would US Department of Justice Microsoft will be required to share its go overboard. 950 Pennsylvania Avenue, NW intellectual and technological property. I think your approving this settlement will Washington, DC 20530 Additionally, a committee will be in charge level the playing field without Microsoft Dear Mr. Ashcroft: of making sure that Microsoft is complying becoming afraid to be the best. I urge you to I am in support of the settlement reached with all aspects of this settlement. accept it after the public comment period is between Microsoft and the federal The settlement of this case is long overdue concluded. government. Microsoft went beyond what and it appears that the agreement on the table Sincerely, was required or initially sought by the is the best for all involved. I urge you to Ron Lewis government in this settlement. support this settlement. For example, Microsoft will provide third Sincerely, MTC–00031098 parties with a license to the necessary Mary Douglass Brown, Former Member JAN–12–02 07:19 PM COLLETT 714 8320869 intellectual property should said third party Kansas Sate Board of Education P.01 want to design a program that will interact 6353 W Hill Lane MTC–00031097 with Windows. Its decision not to enter into Glendale, Arizona 85310 any agreements obligating any third party to Link Logic Craft 2002–01–13 02:56:18 (GMT), January 9, 2002 distribute or promote any Windows page Attorney General John Ashcroft exclusively and not to retaliate against 5719 Narcissus Avenu US Department of Justice computer makers who ship software that Baltimore, MD 21215–3551 950 Pennsylvania Avenue, NW competes with programs in its Windows Fax 410–510–1212 Washington, DC 20530 operating system show that Microsoft is January 12, 2002 Dear Mr. Ashcroft: willing to compromise. Attorney General John Ashcroft I am writing to support the current In closing, this settlement provides United States Department of Justice proposed settlement between Microsoft and consumers with additional safeguards, while Washington, DC 20530–0001 the Department of Justice, in hopes of helping Microsoft’s competitors in the Dear Attorney General Ashcroft: expressing the views of the general public. process. I hope this is the last chapter in the I am in favor of the current settlement While I have never supported the federal government’s playbook, and that Microsoft between Microsoft and the government. government’s attempts to bring litigation can get back to business. I support the There are some rare instances in which the against Microsoft, this proposed settlement settlement, and look forward to the end of government needs to step in and level the goes above and beyond what Microsoft this case. playing field when one of the players of our needed to do. It provides for increased Sincerely, free market economy both becomes competition and accountability where none Beryl Lerner exaggeratedly strong and uses its strength had existed before and should be allowed to abusively to destroy its competition. Even in be executed at the federal level. As a result MTC–00031096 cases in which the government needs to level of several months of intense court mandated Mary Douglass Brown the playing field, the government must be negotiations; the settlement that was reached 641 North Woodlawn, #55 careful not to make companies afraid to come is fair, judicious and reasonable. Wichita, Kansas 67208 out with the best products and services at the The terms of this settlement include a January 10, 2002 best prices. system of accountablity and competition Judge Kollar-Kotelly My concern is that Microsoft, like IBM and fostering provIsions that go beyond the scope c/o Renata Hesse other companies that experienced of the government’s original grievances. The U.S. Department of Justice government intervention will not be as key parts of this settlement include: 601 ‘‘D’’ St., NW innovative as they can due to fear of being Microsoft’s licensing of its intellectual Suite 1200 declared monopolistic. When I did some property instead of allowing Microsoft to Washington, DC 20530 software contract work inside IBM, I saw for pursue intellectual property protection Dear Judge Kollar-Kotelly, myself how law-suit phobic IBM became. Additionally. the settlement requires Over the last several years I have watched Today, IBM never has the best laptop or best Microsoft to change its relationships with with interest as the federal government and desktop computer. Their computers always computer and software manufacturers in others have sued the Microsoft Corporation lag the market late and are a little slower and order to allow these companies to install for various reasons. I greatly appreciate that have slightly less memory, etc., than non-Microsoft products and change the your court has opened the door for comment competing brands. I am sure that IBM does Windows operating system without Microsoft on the proposed settlement of the Microsoft this deliberately. This is a result of their enacting discriminatory or retaliatory clauses anti-trust case. corporate experience with IBM competitors in a contract. Perhaps most importantly, this In December I wrote a letter to your using the government to suppress IBM. settlement creates a three-person technical colleague in Maryland, Judge Motz I’ve read that in the current settlement, oversight committee to ensure that Microsoft encouraging him to approve a settlement Microsoft agrees not to enter into any is complying with all parts of the settlement reached by Microsoft and the Product Pricing agreements obligating any third party to After several years of litigation and three Class Action suit. I am encouraging you to distribute or promote any Windows months of negotiations, this settlement accept the settlement of this anti-trust case technology exclusively or in a fixed represents the best chance for an end to this for many of the same reasons I outlined in percentage; not to retaliate against computer judicial debacle This agreement represents my letter to Judge Motz. makers who ship software that competes the public interest and that no further federal This agreement brings to an end an anti- with anything in its Windows operating action should be taken. trust case that is already over four years old system; or against software of hardware Sincerely, and if it is not settled soon threatens many developers who develop or promote software Horace Pereira more years of unnecessary litigation. This that competes with Windows or that runs on would be a continued drain our already software that competes with Windows. MTC–00031099 overloaded court system. From what I have Mr. Ashcroft, when I buy Windows and FROM: THE MAC’S FAX NO. : 2636323 Jan. read the Bush Department of Justice, the nine other Microsoft products, no one is holding 12 2002 07:43PM P2 states that approved the settlement and a gun to my head to force me to buy 131 Popoia Road
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Kailua, HI 96734–3166 efficiently and to allow Microsoft and other her own devices to figure out just what January 12, 2002 IT industry leaders to go back to focusing on cxactly they want. People today pretty much Attorney General John Ashcroft business instead of political quarrels. Thank have to be a mini-expert in every field today. U.S. Department of Justice you for your time. Bill Gates explained computers. He made Washington, DC 20530–0001 Sincerely, software easy to understand. You did not Dear Attorney General Ashcroft: Art Blumenthal have to be a computer programmer to install From the start of the U.S. vs. Microsoft cc: Senator Rick Santorum a Microsoft software package. Which was lawsuit, three long years ago, I have been nice. confused as to why our federal government MTC–00031101 Sincerely, would choose to pursue and punish one of 01/13/2002 23:05 630–548–9497 ROSEMARY Robert Wentzel the most beneficial companies in America ZURAW PAGE 01 cc: Senator Rick Santorum today. Microsoft has done more for the world 1448 Heatherton Drive of computing than any other single entity in Naperville, IL 60563–2251 MTC–00031103 the world. Without their products, the January 12, 2002 Dec 14 01 12:55p Mrs. Debra J. Seretean 561– enormous marketplace for IT products that Attorney General John Ashcroft 883–2592 p.1 exists today would simply not be around— US Department of Justice, 950 Pennsylvania Debra J. Seretean not at all Avenue, NW 8724 Via Ancho Rd. Included in the proposed settlement are Washington, DC 20530–0001 Boca Raton, Fl. 33433 many points that are punitive towards Dear Mr. Ashcroft: 561–852–1650 Microsoft. One point requires Microsoft to I am writing this letter because I would like fax: 561–883–2592 open its proprietary software interfaces to to go on record, per the Tunney Act, as being email: [email protected] other software manufacturers. This is an in favor of the Microsoft settlement. Last January 13, 2002 amazing affront to Microsoft and its lifetime November, the Justice Department and Attorney General John Ashcroft investment in its own product, and a first in Microsoft finally agreed to a settlement that US Department of Justice an antitrust lawsuit. Yet, Microsoft is willing would end the three-year antitrust lawsuit. 950 Pennsylvania Avenue, NW to renounce this and many others of its fair This settlement stands to benefit the Washington DC 20530 business practices to see an end to this technology industry and the economy. Dear Mr. Ashcroft: unfortunate lawsuit. Competition in the IT industry will foster, I was very disappointed when the Justice For the millions of Microsoft stockholder resulting in an improved economy because of Department brought Microsoft to court three and consumers of Microsoft products, an end this settlement. Microsoft has agreed to grant years ago in the antitrust case. I do not to the suit cannot come soon enough. For computer makers broad new rights to believe that Microsoft is a monopoly; it is many, the government’s prolonging the suit configure Windows so as to promote non- simply a company that has made superior has already hurt financially. In the end, I Microsoft software programs that compete products. wonder who will benefit from all of this with programs included within Windows. Nevertheless I was pleased to hear a wrangling. The Department of Justice owes Computer makers will now be free to remove settlement has been reached in this case that all involved parties an end to this suit. Thank the means by which consumers access will finally bring this litigation to an end. I you. various features of Windows. This will fear that groups that stand against Microsoft Sincerely, encourage competition in the IT industry and may try to interfere with the settlement Anne Marie bolster the economy. What more could process. The settlement will create many anyone ask for? The settlement that was changes in IT, despite their contentions that MTC–00031100 reached last November between Microsoft the settlement is flawed. This settlement JAN 13 2002 8:12AM HP LASERJET 3200 p.1 and the Department of Justice is fair and stipulates that Microsoft will disclose its Art Blumenthal reasonable, and I support it 100%. internal interfaces to competitors that is 11 Stoneybrook Lane With sincere regard for justice, something never been done before. With this Malvern, PA 19355 William Zuraw disclosure and many other major disclosures, January 9, 2002 competitors will have the ability to compete Attorney General John Ashcroft MTC–00031102 with Microsoft on an equal basis. Most U.S. Department of Justice Jan 13 02 12:14p Robert Wentzel 6104390926 importantly this settlement will end this case 950 Pennsylvania Avenue, NW p.1 and get the legal system off Microsoft’s back. Washington, DC 20530 1650 Honeysuckle Lane Please show definitive backing of this Dear Mr. Ashcroft, Allentown, Pennsylvania 18103 settlement and conclude this case. I am writing to express my opinion in the January 12, 2002 Sincerely, tentative antitrust case settlement between Attorney General John Ashcroft Debra Seretean cc: Representative Robert Microsoft and the U.S. Department of Justice. US Department of Justice Wexler Although I believe the government has gone 950 Pennsylvania Avenue, NW a little too far in bringing litigation against Washington, DC 20530 MTC–00031104 Microsoft, I am happy to see that some Dear Mr. Ashcroft: 01/13/2002 13:42 14073022170 PAGE 01 concessions will be made to keep Microsoft This lettcr is to address the recent Jack L. Sperry y in check. settlement between Microsoft and the Loretta M. Sperry Microsoft should not be broken up by any Department of Justice. I applaud this 1575 Stone Trail means, but its lack of relations with software decision. I believe the decision was fair and Enterprise, FL 32725 developers and computer makers does inhibit equitable. Microsoft has broadened its January 13, 2002 the industry from growing at a rate that it is accessibility, allowing computer makers to Attorney General John Ashcroft capable of. That is why I believe in some of add or subtract Microsoft software, allowing US Department of Justice the pressure being put on Microsoft to keep competing software to be installed, and 950 Pennsylvania Avenue, NW them under check. This is what this giving consumers a wide choice of software Washington, DC 20530 settlement intends to and will do by making from which to choose. Microsoft has even Dear Mr Ashcroft: licensing rates equal and giving guarantees to agreed to disclose its source code for I have to say that I’m relieved that his software companies that Microsoft will not Windows’’ operating system products. whole antitrust case is almost at and end. I take any drastic action against them for Microsoft has more than compensated for any can’tunderstand why the government ever designing products intended to compete with alleged unfair busincss practices. felt it was their responsibility to go after Microsoft products. I hope this settlement stands. We do not Microsoftfor being successful. I just hope that At any rate, I think the American need to revisit the decision, nor do we need they never try it again with other Government must look out for the best to split up Microsoft. We split up AT&T and businesses.Microsoft did not get away easy, interests of the public; at this time it is our phone system has been a mess ever since. as most people think, Though they didn’t necessary to settle this thing quickly and The consumer is pretty much left to his or have to splitup, they still had to open up a
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great deal of their products for use by their Washington, DC 20530–0001 From Ed Grenzig competitors, inorder to increase the level of Dear Attorney General Ashcroft: Fax: +1(631)366–5215 Windows compatibility in many programs. I am writing to express my opinion that I To AGO John Ashcroff Fax (202)307–1454 I hope that more people are made aware of support for the recentantitrust settlement Page 2 of 2 Sunday, January 13, 2002 2.49 PM the terms of this settlement so they can between Microsoft and the US 15 Michael Place seejust how much Microsoft gave up. I know Department of Justice.Not only has the Nesconset, NY 11767–1039 that many people will be happy to see the case dragged on too long, but also, January 11, 2002 casefinally over. millions of taxpayerdollars have been Attorney General John Ashcroft Sincerely, wasted on these lawsuits. United States Department of Justice Jack & Loretta Sperry The terms of the settlement are harsh and 950 Pennsylvania Avenue, NW Phone: 407–324–4056 so should be more thanenough to satisfy Washington, DC 20530–0001 Fax: 407–302–3170 lawmakers and politicians. Microsoft is Dear Attorney General Ashcroft: E-mail: [email protected] offering uptechnology on internal interfaces I would like to tell you how I feel about and server interoperability that will the Microsoft antitrust case. I am veryglad to MTC–00031105 allowcompetitors to create products that are see that a settlement has finally been reached Sadler’s Cove Farm compatible with Microsoft. Theyare also in this seemingly endless andmoney-wasting Jose and Patricia Martin forming three-person team to monitor lawsuit. However, given that there were 9160 Quail Run road, Saint Michaels, compliance with thesettlement. These terms court-appointed mediatorsinvolved in the Maryland 21663 show Microsoft’s willingness to compromise settlements, I don’t see how there is even an Main house: 410 745 6049 (Voice) 410 745 andare more than necessary concessions to issue that the settlementdoes not serve the 3799 (Fax) an already flawed lawsuit. public interest. I think Microsoft has served [email protected] Ever since litigation began, the American the public interest fromthe very beginning. Property Caretakers: Al & Marjorie Henckle IT sector and the economystarted turning 99 percent of America’s computer users use 410 763 8558 sour. I am not saying there is a direct Microsoft products andare happy with them. Attorney General John Ashcroft correlation, but it isapparent to me that With the settlement, people who are not US Department of Justice before Microsoft and the IT sector see the happy with Microsoftproducts will have growth theydid over 3 years ago, all litigation 950 Pennsylvania Avenue, NW more freedom to use other products. If that must end. These lawsuits have sloweddown Washington, DC 20530 is not serving the publicinterest, I don’t know the industry, so it is in the best interest of Dear Mr. Ashcroft: what is. the American public andthe economy for the In reference to the legal actions that have Granted, Microsoft did dominate the settlement to be finalized. transpired against Microsoft, I am afirm market, but that happened because Sincerely, believer that Microsoft should never have theirproducts were better than any others’’ Don Trandum gone to Court. Although Microsoft’ssuccess available. Under the settlement, competitors has been accompanied by a notable amount MTC–00031107 willreceive the internal interfaces to of wealth, I find it necessaryto mention the Margaret Kuhnemund Microsoft’s Windows operating system, and generous donations to public schools. The P.O. Box 181 be able tomodify Windows to promote non- Gates foundation hasdone a lot for the Ligonier, PA 15658 Microsoft products. The way the settlement education of our children and it is January 12, 2002 is now,Microsoft is already handing over too disconcerting that Microsoftshould be Attorney General John Ashcroft, U.S. much to their undeserving competitors in punished for its contribution to the Department of Justice order to‘‘serve the public interest’’. community as well as the 950 Pennsylvania Avenue, NW I am retired and extensively use computers advancedtechnologies it has introduced to Washington, DC 20530 at home. I use Microsoft software innearly all our society. Dear Mr. Ashcroft: of my computer activities. However, I am lt is for these reasons that I support I believe the litigation against Microsoft glad to see that the settlement willmake it Microsoft’s antitrust settlement bedone as should have ended long ago.Microsoft is a easier for people to use non-Microsoft soon as possible. victim of political interest groups that have products if they so desire. This lawsuithas The terms reached in the settlement are little bearing on oureconomy, and these been going on for too long a time and this more than fair and reasonable asthey special interests put their agenda above the settlement is a good end. Pleasemaintain the encompass a large range of issues both public good. I amglad to see under the terms settlement and allow our economy and the IT related to the case as well as issuesthat were of the settlement that Microsoft will not be industry to move forward.Enough is enough not found unlawful by the Court. Microsoft broken up, butI do think most of the already. has agreed to change anumber of business penalties imposed are extremely Sincerely, methods that include making it easier to unwarranted. Edward W. Grenzig reconfigure Windowsfor all users. In this Microsoft spent a huge amount of money MTC–00031109 way, Microsoft will enable the competitor to and time to develop the technologythey did. be promoted withinthe software program. They should be rewarded for the innovation Jan 13 02 01:2lp Don/Tina Leahy Included in the settlement are also terms they brought to thetechnology industry 777–882–6057 p.1 that address future anticompetitivebehavior. instead of punished. Bill Gates lived the 120 Lotus Circle These terms require to a promise not to American Dream andonly worked by the Carson City, Nevada 89703 retaliate against competitors aswell as the rules our free market economy set for him. January 7, 2002 establishment of a Technical committee that The fact thatMicrosoft must disclose internal Attorney General John Ashcroft will make sure thatMicrosoft does not stray interfaces to their competitors and create a US Department of Justice from the settlement’s terms. uniformprice list with computer makers is 950 Pennsylvania Avenue, NW Sincerely, absurd. Washington, DC 20530 Jose and Patricia MartinFROM: JOSE FAX I want to see this settlement, although Dear Mr. Ashcroft: NO. :4107453799 Jan. 13 2002 02:04 PM P1 flawed, become a reality as soon aspossible Microsoft and the DOJ have finally reached so that our IT sector and economy can return a settlement in the three-year oldantitrust MTC–00031106 to normal. Thank you foryour time. case. I am pleased to see that you have Jan-13–02 11:32A DON TRANDUM 206–746– Sincerely, accepted the settlement andare prepared to 1049 P.01 Margaret Kuhnemund end this costly and time-consuming case. 17413 NE 10th. Street cc: Senator Rick Santorum Regrettably some special interests would Bellevue, WA 98008–3811 P.S. Bill Gatesrepresents whatAmerica like this case to be continued, and theywould January 13, 2002 offers tothose with a goodmind. How darewe like this settlement to be thrown out. Despite Attorney General John Ashcroft try to punishhim, his company,and our the misgivings of specialinterests this is a US Department of Justice country for hisbeing bright enough to good settlement. This agreement will require 950 Pennsylvania Avenue, NW besuccessful? Microsoft todisclose its top-secret internal
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interfaces to competitors. Competitors will unnoticed. These initiatives have included Under the terms of the settlement createbetter software do better in the cooperation with competitors, new software Microsoft will be forced to not enter into any marketplace with this provision. Also, programs that encourage competition, and third party agreements for exclusive thesettlement will create a technical the formation of a technical committee to distribution rights. That is ridiculous. This is oversight committee to make sure handle dispute resolution. the same as telling Pepsi they cannot sign an thatMicrosoft complies with the terms of the I appreciate the avenue to voice my exclusive agreement with Wendy’s. Also, settlement. opinion that the Tunney act has afforded me. creating a uniform price list with the 20 Your steadfast support of the settlement is I am looking forward to the prompt largest computer makers is essentially setting key to ending this case. I thank youfor resolution of this matter. up the framework for a monopoly. In fact considering my views on this issue. Sincerely, many of the concessions create situations cc: Senator Harry Reid Richard Davis that do violate antitrust laws instead of Sincerely, MTC–00031112 appeasing them. Don Leahy It’s in the best interest of the American JAN 13 2002 16:01 FR MICROSOFT RECEP MTC–00031110 public to end this litigation now. Microsoft # 30 425 936 7329 TO 912023071454 is a leading innovator of technology and we Jan-13–02 03:42P David Sargent520–544– p.01/01 need their growth and leadership to lift the 5616P01 605 175th Place NE IT sector out of its current state. Microsoft January 2, 2002 Bellevue, WA 98008 has done what other competitors could not Attorney General John Ashcroft (425) 830–3961 do, but now it’s time to let them play it out US Department of Justice Attorney General John Ashcroft in a free market, which is what our society, 950 Pennsylvania Avenue, NW US Department of Justice is based upon, not the government Washington, DC 20530 950 Pennsylvania Avenue, NW intervention that has occurred in this case. I Dear Mr. Ashcroft: Washington, DC 20530–0001 urge your office to make the settlement a Although I opposed the antitrust lawsuit Fax l-202–307–1454 or l-202–616–9937 reality. filed by the US Department of Justiceagainst Dear Mr. Ashcroft: Thank you. Microsoft, I would like to state that I am in I am writing to you today to express my Donald E. Dennis favor of the proposedsettlement and against support for the settlement reached between Home & Fax (253) 838–0155 further litigation against Microsoft. I strongly Microsoft and the Department of Justice last Ce11(253)569–8979 feel that toomuch time and too much money, November. I believe the settlement is in the [email protected] from taxpayers, went into this lawsuit. In best interests of consumers, taxpayers, and myopinion Microsoft didn’t break any laws the IT industry. MTC–00031114 and jealous competitors are targeting itfor The settlement is fair in that it will benefit Jan 13 02 11:42p COURTNEY PHILLIPS persecution. consumers and contains provisions that will [732] 297–3390 p.1 Three years and millions of taxpayers’’ preclude anticompetitive behavior. The 61 Lynn Court dollars have been wasted on this antitrust settlement includes concessions that are North Brunswick, NJ 08902 case against Microsoft. The very last action unprecedented in antitrust litigation. January 14, 2002 our struggling economy needs is for more Microsoft has agreed to disclose the Attorney General John Ashcroft time, money and resources spent on its application programming interfaces that are US Department of Justice downfall. Our government needs to listen to internal to the Windows’’ operating system. 950 Pennsylvania Avenue, NW the people and take actions that will lead our This information will now be available to Washington, DC 20530 country to a secure a prosperous future. Microsoft competitors. Dear Mr. Ashcroft: Hindering one of the largest innovating Throughout this process, Microsoft has Early in last November, the Department of companies in the U.S. simply will not help gone to great lengths to resolve this situation. Justice and the Microsoft Corporation came this cause. I believe it is time that the issue is finally laid to an agreement in the three-year-old Reopening an unfair lawsuit that will use to rest. more tax dollars just can’t be allowed to Sincerely, antitrust lawsuit. I believe that the terms of happen. I urge you to allow Microsoft to get George Taniwaki the settlement are reasonable, and I am out of the courtroom. I support the settlement P.S. As a disclosure, I have been a long- therefore lending my support to the and hope it is quickly adopted. time shareholder of Microsoft. I recently agreement that puts an end to this lengthy Sincerely, became an employee of the company as well. and extremely costly litigation. David Sargent Microsoft did not get just a slap on the DAVID F. SARGENT MTC–00031113 wrist, as evidenced by the fact, that the 7501 N. Calle Sin Desengano Jan. 13 2001 03:51PM P2 company has been forced to turn over TUCSON, AZ 85718 Donald E. Dennis substantial portions of its intellectual 32727 30th Avenue Southwest property to its competitors. Microsoft will MTC–00031111 Federal Way, WA 98023–2763 share with its competitors, information about RICHARD E DAVIS January 13, 2002 how Windows interacts with other programs 105 763 3360 Attorney General John Ashcroft and will not retaliate against vendors who 385 Nascar Drive US Department of Justice sell or use non-Microsoft products. Lincoln, Alabama 35096 950 Pennsylvania Avenue, NW Furthermore, as part of the settlement, January 13, 2002 Washington, DC 20530–0001 Microsoft will be supervised by a technical Attorney General John Ashcroft Dear Attorney General Ashcroft: committee, consisting of three software US Department of Justice I’m writing to express my opinion that the engineers who will test Microsoft’s 950 Pennsylvania Avenue, NW antitrust case against Microsoft has been compliance with certain aspects of the Washington, DC 20530 flawed from the start. Microsoft has not agreement. Dear Mr. Ashcroft: infringed upon any rights of American I understand also, that other terms were I am writing to express my support for people and has just operated within the agreed upon that were never even an issue Microsoft in light of recent litigation against confines by which we set up our free market in the antitrust lawsuit. Microsoft, however, them. I strongly believe that the economy. I have yet to hear complaints from accepted those terms based on the view that Government’s interventions have done much consumers about Microsoft’s prices or the United States economy is far more to damage the stability of the technology practices. In fact I feel that their prices important than pursuing arguments over less industry and I trust that such interventions permitted me to have a PC at home with significant details. will soon cease so that Microsoft may software that I could afford and most people I completely support the settlement, and continue to manufacture quality products. I know feel the same way. It seems the only would like to go on record as doing so. Microsoft’s varied initiatives to honor the complaints are from their competitors Sincerely, terms of the agreement have not gone because they can’t keep up. Courtney G. Phillips
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MTC–00031115 is a very fair concession. Also, the fact that Cell Phone: 202–425–4837 Jan 14 02 07:24a FORESTLAND P.1 Microsoft has agreed to form a three-person E-mail: [email protected] team that will monitor accordance with 15 Partridge Lane MTC–00031118 Burlington, CT 06013–2400 settlement shows Microsoft’s willingness to 3457 Marbella Court January 13, 2002 appease all parties. And finally, Microsoft’s Bonita Springs, Florida 34134 Attorney General John Ashcroft disclosure of internal interfaces will allow January 13,2002 US Department of Justice, 950 Pennsylvania competitors to have the ability to create Attorney General John Ashcroft Avenue, NW products compatible with Windows and US Department of Justice Washington, DC 20530–0001 therefore eliminate Microsoft’s ability to keep 950 Pennsylvania Avenue, NW Dear Mr. Ashcroft: out the competition. Washington, DC 20530 I appreciate the Justice Department finally I think it is in best interest of the states to Dear Mr. Ashcroft: coming to terms on the Microsoft antitrust settle now too as soon as possible especially I was happy to hear a settlement has been case. I feel that the settlement, which has since our economy is ailing and our IT reached in the Microsoft antitrust lawsuit. taken at least three years to hash out, should sector’s growth has slowed to turtle’s crawl. Bringing this case to a close will benefit pretty much be acceptable to everyone. So I urge your office to take a proactive stand consumers and our economy alike. hopefully, both Microsoft and the on this and let Microsoft be on it way. The terms of the settlement agreement government can move on to more important Sincerely, appear to be fair. Mechanisms to ensure matters. Sam Wong Microsoft does not engage in anticompetitive Considering that now Microsoft can’t cc: Representative Henry Hyde acts will be implemented. If the settlement is retaliate against the companies that don’t MTC–00031117 approved, Microsoft will no longer enter into make Windows software or work on other agreements obligating computer operating systems, and that they are required 01/14/02 04 : 53 manufacturers or distributors to promote to be reviewed by a federal panel to make ARTBA-> 001 Windows exclusively. This will promote sure they are complying with the settlement, From the Desk of: Christopher J. Akins competition in the industry, and will result I feel that along with the other terms of the January 12, 2002 in more choices for the consumer. Microsoft settlement, most people should be happy Attorney General John Ashcroft has also agreed to make it easier for computer with it. US Department of Justice manufacturers to remove features of I think that this whole matter should be 950 Pennsylvania Avenue, NW Windows from their computers so they will put behind us and that we should move on. Washington. DC 20530 be able to use the competitions’’ software if I appreciate you considering my thoughts on Dear Mr. Ashcroft: they so choose. I believe these concessions this matter and I hope that you take it into I’m writing to voice my strong support for are fair and reasonable. account. the Microsoft settlement. Microsoft has Wrapping up this case has been long over- I have also communicated my opinions to agreed to terms that are not only unfair to due. I appreciate your efforts to ensure the Attorney General of Connecticut, Richard Microsoft, but I feel, could quite possibly rapid resolution of this matter. Blumenthal, as I did several years ago when have negative consequences for Microsoft, a Dena Sklaroff the original anti-trust action began. company that has revolutionized the software Sincerely, industry and provides thousands of jobs. Any MTC–00031119 further legal action by the states or the James Gillespie FROM: DDSI Phone No.: 724 745–0902 Jan. federal government is only frivolous and 14 2002 09:23M P1 MTC–00031116 punitive. 209 Roth Street 01/13/O2 19:55 FAX 8472947194 ANI ATCT In the settlement, Microsoft has already Houston, PA 15342–1147 001 agreed to grant rights to computer-makers so January 11, 2002 1970 Birchwood Avenue that they may configure Windows to remove Attorney General John Ashcroft Des Plaines, IL 60018 Microsoft products so the computer US Department of Justice, 950 Pennsylvania facsimile transmittal manufacturer can install its own competitive Avenue, NW To: Mr. John Ashcroft programs or programs from other software Washington, DC 20530–0001 Fax: 202–307–1454 makers, such as RealNetworks or AOL’s Dear Mr. Ashcroft: From: Sam Wong Instant Messenger. The recent antitrust case settlement has Date: 01/14/02 Microsoft has also agreed to make it easier been dragged out way too long. I am glad to Re: Microsoft Settlement for computer manufacturers, consumers, and see that Microsoft will not be broken up, cc: Henry Hyde software developers to promote non- because that would be detrimental to the Attached is a letter of my opinion of Microsoft products within Windows. country’s tech sector. I think many of the Microsoft settlememnt. We should finalized Microsoft has further agreed to not retaliate concessions Microsoft will be making violate the settlement and move forward. against any software or hardware developers other laws. 01/13/02 19:55 FAX 8472947194 who develop software that directly competes Prohibiting Microsoft from entering into ANI ATCT 002 with Windows or other Microsoft products. exclusive third party agreements will inhibit Sam Wong In a move that limits its own their ability to gain market share. All 1970 Birchwood Avenue competitiveness. Microsoft will give the companies try to force distributors into Des Plaines, Illinois 60018 necessary license for its own intellectual exclusive agreements whereby they promote January 14, 2002 property rights to a third party when that one product or another. That is how Pepsi Attorney General John Ashcroft third party exercises options within the and Coca- Cola operate. US Department of Justice settlement that infringe on Microsoft The best interests of the American public 950 Pennsylvania Avenue, NW intellectual property rights. will be served when the government stops Washington, DC 20530 For these reasons, I support this flawed messing with the private sector and allows Dear Mr. Ashcroft: settlement in hopes the federal government Microsoft to focus on innovation of new I am writing to express my opinion of the and many states will not pursue any further technology instead of political warfare. I urge recent antitrust settlement between Microsoft punitive and frivolous legal action that will your office to take corrective steps in this and the US Department of Justice. I think the only result in the destruction of intellectual matter. settlement is fair and should be finalized as property and the demise of a business that Sincerely, soon as possible. has built the existing computer and software Norman Nardo A number of terms in the settlement are industry. cc: Senator Rick Santorum particularly effective in reducing Microsoft’s Sincerely, ability to strong-arm its opponents. First, Chris Akins MTC–00031120 agreeing to design future Windows versions 7507 Woodside Lane, Apt. #24 From: Penny Temeles so that computer makers and software Lorton, VA 22079–2013 FAX NO. : l-412–4342 developers can promote their own products Phone/FAX: 703–339–7244 Jan. 14 2002 09:28AM P1
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Emporium Group Inc. on this issue matters to you. I support the will be monitored by a technical oversight Sales Marketing Consulting settlement and look forward to the committee for compliance. Competing 100 Oxford Drive #302 conclusion of this case. companies can sue Microsoft if they feel this Monroewille, Pennsylvania 15146 Sincerely. company is not complying. I am a believer Ph/Fax: (412)373.4342 Carol Markey of free enterprise, and I oppose restrictions email:[email protected] placed on Microsoft. Please end this January 9, 2002 MTC–00031122 litigation. Thank you for your support. Attorney General John Ashcroft 01/14/02 06:46 2087730884 Sincerely, US Department of Justice POST FALLS MIDDL Wallace Wiener 950 Pennsylvania Avenue, NW 405 East 19th Avenue Washington, DC 20530 Post Falls, Idaho 83854 MTC–00031124 Dear Mr. Ashcroft: January l0, 2002 01/14/2002 11:12 3192329363 The purpose of this letter is so that I may Attorney General John Ashcroft SCOTTS ELECTRIC INC. PAGE 02/02 go on record as being a supporter of the US Department of Justice Steve Jordan settlement that was reached between 950 Pennsylvania Avenue, NW 581 Sheridan Road Microsoft and the Department of Justice last Washington, DC 20530 Waterloo, Iowa 50301 November. The two sides had been battling Dear Mr. Ashcroft: January 10, 2002 in court for more than three years, and I am After three long years the Department of Judge Kollar-Kotelly glad to see that this issue has finally been put Justice has finally concluded its antitrust suit Renata Hesse, Trial Attorney to rest at the federal level. against Microsoft. A charge, I believe, that Antitrust Division Microsoft did not get off easy, but I feel was wrong in the first place. I am the U.S. Department of Justice that the settlement is fair enough. They have computer expert in our family and I use 601 D Street, NW, Suite 1200 agreed not to retaliate against software or Microsoft, but I didn’t always. I started out Washington, DC 20530 hardware developers who develop or with AOL, and then switched to Microsoft. Dear Judge Kollar-Kotelly: promote software that competes with I had Windows ‘95, ‘98, and now ‘2000. At I am writing to share my support for the Windows or that runs on software that no time was I coerced to use Microsoft. I had proposed settlement reached by Microsoft competes with Windows. They have also complete freedom of choice; therefore, I do with the Justice Department. agreed not to retaliate against computer not understand the charges against Microsoft The great thing about our free market makers who ship software that competes for monopolizing the market. system is that it allows all participants to with anything in its Windows operating I do not know why a suit was brought play on a level playing field at the mercy of system. against a company for providing a good consumers. The consumers can choose the The settlement is fair, and the time has product. Would we be suing Henry Ford for products and services they prefer. Like it or come to move on to much more important dominating the auto industry, or Macintosh not, Microsoft has clearly won this battle. issues. I support the settlement, and look for being the best in computer graphics One of the reasons the Microsoft’s critics forward to the conclusion of this case. programs? I think there should be recognition have never been able to demonstrate Sincerely, of what Microsoft has accomplished. consumer harm is because American Penny Temeles Microsoft has provided enormous technical consumer use and like Microsoft products. cc: Senator Rick Santorum expertise to this country, not to mention, Plus the successes of Microsoft have resulted income. Bill Gates invented the computer in more accessible and cheaper technology MTC–00031121 revolution and made the global village for Americans. JAN-14–2002 10:16 MERRILL LYNCH 248 possible. Globalization is heralded, yet no Bringing a conclusion to this case is long 647 2503 P.01/01 one seems to recognize just how and why overdue. The impact this case has had on the 24130 Broadview Street this happened. Think back before Microsoft. technology industry has been devastating. Farmington. Michigan 48336 The settlement between the Department of We have found that when the government January 12, 2002 Justice and Microsoft is now done. It was attacks an industry leader the ripples are felt Attorney General John Ashcroft hard. Even the judge lost patience, ordering far and wide. Computer and software sales US Department of Justice round-the-clock negotiations to bring about across the board have been hurt throughout 950 Pennsylvania Avenue, NW closure. Perhaps, she knew when enough is the prosecution of this case. Please approve Washington, DC 20530 enough. Which is what I am saying. It is time the settlement reached by the Justice Dear Mr. Ashcroft: to move on, Give your support to this Department and Microsoft. I am very happy about the recent agreement. Sincerely, settlement between the DOJ and Microsoft. Sincerely, Steve Jordan Though the opponents of Microsoft have Cheri Mitton cc: Senator Larry Craig made varied efforts to make it appear as MTC–00031125 though Microsoft has gotten off easy. I MTC–00031123 Dixie L. Holtz completely disagree. In fact, Microsoft has 01/14/2002 09:31 PIFER OFFICE SUPPLY -> ATTORNEY AT LAW agreed to honor obligations that extend to 12023071454 NO.598 0001 13547 VENTURA BOULEVARD products and technologies that were not even Germaine Frame Gallery SHERMAN OAKS. CA 91413 at issue in the lawsuits. Though these areas UNIQUE FRAMING AREA CODE (818)981–1383 were not initially at issue, Microsoft has 120 W. GERMAIN STREET January 14,2002 agreed to comply to these broad terms in WINCHESTER, VIRGlNlA 22601 Attorncy General John Ashcroft order to bring the case to a conclusion and PHONE 682–5846 US Department of Justice to allow the Company to move forward with January 11, 2002 Washington, DC 20530–0001 the development of new products. Attorney General John Ashcroft Dear Mr. Ashcroft: In addition to Microsoft compliance with US Department of Justice, 950 Pennsylvania In writing to you today I wish to express the broaden terms of the settlement, they Avenue, NW my concern regarding the Microsoft have also agreed to document and disclose Washington, DC 20530–0001 settlement. The Department of Justice is now various interfaces that are internal to Dear Mr. Ashcroft: reviewing the settlement. I deeply hope that Windows’’ operating system products. If I I am writing you today to voice my opinion at the end of this review, the decision is may add, this is a first in an antitrust in regards to the Microsoft settlement issue. made that this settlement is in the best settlement. This is just a small indication of I feel the Microsoft settlement is a complete interest of the nation. I believe this the strides that Microsoft has taken to satisfy and thorough agreement that will benefit the settlement is extensive. Microsoft has made the requirements of this settlement. technology industry and the economy. This many concessions that will inhibit future The Tunney Act has provided a very solid agreement was reached after extensive anticompetitive behavior. Foremost among avenue to voice my opinion on this issue and negotiations. Microsoft has fully agreed to these concessions is the term that guarantees I am very pleased to know that my opinion carry out all provisions of this agreement and the creation of a third-party technical review
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board. The job of this board is to ensure that is a major task and extremely hard for financial resources spent on this case. It is Microsoft complies with the terms of this minorities and women. vital that this is prevented and the settlement settlement. I am writing to you today to convey my is finalized. The quicker the settlement is As I believe this settlement to be equitable. support for the Microsoft settlement. The confirmed, the faster the industry can get I ask that the Department of Justice United States as well as Kansas is currently back to focusing on innovation. Sincerely, implement the settlement quickly. Thank going through some hard economic times and Tim Broom President PO Box 357685 you. it is twice as bad for small business owners Gainsville, FL 32635 main (352) 376–8007 Sincerely, that are minorities or women. Numerous fax (352) 371–9964 Dixie Holtz businesses and companies are losing money www.nhgainsville.com and having to lay-off employees. On today’s MTC–00031129 MTC–00031126 news it was announced that as many as 1.6 SENT BY: HEWLETT-PACKARD; would be unemployed at the end of 2002. An FROM: NWTILLERS 480 315 9239; important factor in bringing about a recovery FAX NO.: 15092483818 JAN-14–02 8:25AM; PAGE l/1 is to allow new and innovative products to Jan. 14 2002 08:41AM PI 7525 The Greens # 179 stimulate growth. Northwest Tillers, Inc. Scottsdale, Arizona 85258 The Microsoft Corporation is a leading P.O. Box 10932 January 11, 2002 pioneer in technology. Microsoft is currently Yakima. WA 98909 Attorney General John Ashcroft spending billions on new, inventive (509)575–1950 US Department of Justice technology and is working to stay 1–800–204–3122 950 Pennsylvania Avenue, NW competitive. These innovations spread Fax (509) 452–1588 Washington, DC 20530 economic growth throughout the entire www.nwtiIlers.com Dear Mr. Ashcroft: nation. Direct results of technological January 12, 2002 I am writing to express my support for advances have been market expansion, job Attorney General John Ashcroft Microsoft’s settlement of its antitrust issue creation, and the production of wealth and US Department of Justice with the federal government. Its unfortunate capital. These are not easy times for our 950 Pennsylvania Avenue, NW Washington, DC 20530 that they had to be put through this process, nation; our government should do everything Dear Mr. Ashcroft: but this settlement looks more than in its power to encourage growth and I am writing in support of the settlement reasonable. economic expansion. That is why I am in the Microsoft antitrust suit. I would like I am especially thrilled to see Microsoft sending you my support for the recent to see this case concluded as soon as take the lead and really go above and beyond settlement of the Microsoft case, I understand possible. As a small business owner, I am the products and procedures that were that Microsoft agrees to share its intellectual concerned by the fact this case was brought actually at issue in the suit. I understand that property and creates new relations with against Microsoft at all. Microsoft has been they have agreed to not retaliate against hardware and software developers. It was the an innovative, competitive company. computer makers who ship software that right thing to do and Americans from all Companies, especially those engaged in high- competes with anything in its Windows walks of life will be better off. tech endeavors, must remain competitive to operating system, or against software or Thank you for taking the time to read this remain in business. I do not agree with hardware developers who develop or letter. punishing Microsoft for its ability to remain promote software that competes with Sincerely, Mary Lou Smith competitive. Windows or that runs on software that Director I do, however, believe the case should be competes with Windows, and has agreed not JACKSON COUNTY LEGIS settled as rapidly as possible. To achieve this to enter into any agreements obligating any MTC–00031128 end, Microsoft has made a variety of third party to distribute or promote any concessions that go above and beyond the Ol/l4/2001 10:40 3522719742 PAGE 01 Windows technology exclusively or in a scope of the lawsuit. I do not necessarily CompTIA CIW Authorized Training Provider fixed percentage. agree with the concessions made, as they I can only say in closing Mr. Ashcroft that New Horizons Computer Learning appear to be overly restrictive. For example, we can agree that no other company Centers the creation of a technical oversight Microsoft’s size would have been so generous Microsoft Certified Partner Authorized committee, which will monitor Microsoft’s in a settlement. This is a fair and reasonable PROMETRIC Testing Group business practices, seems overly intrusive to settlement and should be approved. January 10,2002 Microsoft. Sincerely, Attorney General John Ashcroft Despite my belief that Microsoft is doing Yvonne Cahill U.S. Department of Justice more than should be required, I support its 950 Pennsylvania Avenue, NW MTC–00031127 decision to make such concessions so this Washington, DC 20530 case will settle. I appreciate your review of OFFICE OF COMPLIANCE REVIEW Dear Mr. Ashcroft, my comments, and hope to see this case Mary Lou Smith, Director The suit against Microsoft has dragged for settle as quickly as possible. Jackson County Courthouse the last three years. The suit has brought a Sincerely, 415 E. 12th Street, 2nd Floor drop in the stock market, an ambiguity in the Ted Marquis Kansas City, Missouri 64106 industry, and challenged governmental President / CEO COUNTY LEGISLATURE budgets at the state and federal levels. All of JACKSON COUNTY, MISSOURI this has been paid for by either the consumer MTC–00031130 (816) 881–3302 on Microsoft’s side, or the taxpayer on the FROM: MAGNET COM FAX (816) 881–3340 government’s side. In many cases, people end FAX NO. : Oct. 25 2001 01:12PM P1 January 11, 2002 up paying twice! The suit was brought about Jeffrey R. Hoener Renata B. Hesse to benefit American consumers and give P.O. Box 210334 Antitrust Division them more choices; in reality, the suit has Montgomery, AL 36121–0334 U.S. Department of Justice been a burden. January 13, 2002 601 D Street NW I support the settlement reached between Attorney General John Ashcroft Suite 1200 Microsoft and the Department of Justice. It United States Department of Justice Washington, D. C. 20530–0001 addresses the issures very clearly. Microsoft 950 Pennsylvania Avenue, NW Faxed to 1–202–307–1454 has agreed to disclose information regarding Washington, DC 20530–0001 Dear Justice Hesse: the setup of Microsoft products, and the Dear Attorney General Ashcroft: For the last two days I have attended a company must change its licensing I am writing today to express my support business seminar in the state of Kansas aimed agreements with individual computer- of the Microsoft settlement. The settlement at getting minorities and women into makers—even if one of them ships software that was reached is equitable. I believe that business and keeping them afloat once they that would compete with the Windows Microsoft has been more than generous in the have set up. With the today’s economy this operating system. There have been enough interest of resolving this issue.
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Microsoft’s generosity is evident in the William McCahey allow the IT industry to get back to business. new design of future versions of the 155 W 20th Street Apt. 6K The settlement is fair and reasonable, and Windows system. The new design that will New York, NY 10011 will protect us from future anticompetitive appear in the interim release of Windows XP January 11, 2002 behavior. has a new mechanism. This mechanism will Attorney General John Ashcroft The settlement imposes many restrictions enable users to remove and add different US Department of Justice on Microsoft. One example is that Microsoft aspects of the system at their discretion. 950 Pennsylvania Avenue, NW has agreed to grant computer makers broad Users will now be able to remove Media Washington. DC 20530 new rights to set up Windows so that Player from their system if they so choose. Dear Mr. Ashcroft: software by other developers can be This is a first for consumers and represents It is in the best interest of the American introduced to any computer. Also, Microsoft Microsoft’s generosity. Public to end the Microsoft lawsuits as soon has agreed to license its Windows operating The settlement is fair. The Justice as possible. Our economy is in recession and system producst to the 20 largest computer Department should enact the settlement as our IT sector has never returned to normal makers on identical terms, including price. quick as possible. Thank you. since lawsuits began. We need our Plus, Microsoft has also agreed to the Sincerely, government to focus their energy, time, and ‘‘Technical Committee’’ that will monitor Jeffrey R. Hoener money elsewhere on issues that they can Microsoft’s compliance with the settlement. have positive affect on Clearly, these, along with the other MTC–00031131 The terms of the settlement are more than restrictions will maintain a fair competitive Jan-14–02 09:22A P.01 fair and I do not understand why nine states balance. Karen and Dave Polen want to continue litigation. Microsoft has It is important to let technology sector 4460 E. Cortez St. agreed to disclose interfaces, form three- move forward with developing new products Phoenix, AZ 85028–2319 person team to monitor compliance with as soon as possible. This settlement is in the January 12, 2002 settlement, improve relations with computer best interest of both the public and the Attorney General John Ashcroft makers and software developers, and design economy. Thank you for reading my letter. future Windows versions so that competitors US Department of Justice, 950 Pennsylvania Sincerely, can market their products on its operating Avenue, NW Donald Senften P.O. Box 20895, systems. Washington, DC 20530–0001 Bradenton, FL 34294–0005 I am writing to express my support and In my judgment the settlement will be good encouragement for the recent settlement for IT sector and the American economy. I MTC–00031135 agreement between Microsoft and the urge your office to finalize it as soon as Jan-14–2002 03:26 PM Department of Justice. This was a settlement possible and I thank you for your time. don senften that was reached after three months of Sincerely, 755 4339 P.01 intense negotiation, following three years of Bill McCahey January 13, 2002 what I viewed as an unnecessary lawsuit. cc: Representative Jerrold Nadler Attorney General John Ashcroft These negotiations were mediated by court MTC–00031133 Jan 14 02 03:42p United States Department of Justice appointed individual who allowed both sides Daniel & Jackie Hsieh 261 8034 p.1 950 Pennsylvania Avenue, NW to come to a reasonable conclusion. This 138—32 68th Drive, Apt. 1C Washington, District of Columbia 20530– statement should stand on its own merits and Flushing, NY 11367 0001 I believe has the public interest in mind. Jan 14, 2002 Dear Attorney General Aschroft: The settlement contains several provisions The Honorable Charles E. Schumer I am writing to support the settlement with designed to increase competition in the United States Senate Microsoft. Enough is enough. It is time to marketplace as well as to keep Microsoft Washington, DC 20510 allow the IT industry to get back to business. accountable to the federal government. This Dear Senator Schumer The settlement is fair and reasonable, and agreement contains a provision that requires As a voting constituent, I would like to will protect us from future anticompetitive Microsoft to not retaliate against computer express my opinion about the Microsoft behavior. makers who ship software that competes antitrust case. I have followed this story in The settlement imposes many restrictions with anything in its Windows operating the New York Times and feel that after three on Microsoft. One example is that Microsoft system. There is a similar provision relating long years of court battles, it is time to stop has agreed to grant computer makers broad to software developers, where Microsoft may legal action against the company. I think that new rights to set up Windows so that not retaliate against developers who develop the settlement is fair and should be final. software by other developers can be or promote software that competes with I am concerned about the economic introduced to any computer. Also, Microsoft Windows or that runs on software that recession we are experiencing as a nation as has agreed to license its Windows operating competes with Windows. Perhaps most well. The IT industry has been one of the system products to the 20 largest computer importantly, however, is that Microsoft has sectors of the economy that has been the makers on identical terms, including price. agreed that if a third party’s exercise of any hardest hit in the past several months. It is Plus, Microsoft has also agreed to the options provided for by the settlement, important that we allow Microsoft to get back ‘‘Technical Committee’’ that will monitor would infringe on any Microsoft intellectual to business and lead the IT industry once Microsoft’s compliance with the settlement. property right, Microsoft will provide the again Clearly, these, along with the other third party with a license to the necessary Your strong support on this matter is restrictions will maintain a fair competitive intellectual property on reasonable, and non- greatly appreciated I urge you to put this case balance. discriminatory terms. This is important behind us. It is important to let the technology sector because it shows that Microsoft is completely Thank you, move forward with developing new products willing to increase competition. Ching Hsieh as soon as possible. This settlement is in the This is a settlement that goes beyond the best interest of both the public and the original government interests, and shows MTC–00031134 economy. Thank you for reading my letter. Microsoft’s commitment to diversity in the Jan-14–2002 03:26 PM don senften 755 4339 Sincerely, industry. I strongly urge your office to move P.01 Virginia Senften on this settlement and to take no further January 13, 2002 P.O. Box 20895, federal action. Attorney General John Ashcroft Bradenton, FL 34294–0005 Sincerely, United States Department of Justice Karen Polen 950 Pennsylvania Avenue, NW MTC–00031136 Washington, District of Columbia 20530– Jan-14–02 03:53 P.01 MTC–00031132 0001 4201 Tanglewood Drive 1/14/2002 3:53 PM FROM: Fax Dear Attorney General Aschroft: Allison Park, Pa. 15101 UpdateThis.com I am writing to support the settlement with January 14, 2002 To: l-202–337–1454 PAGE: 002 OF 002 Microsoft. Enough is enough. It is time to Attorney General John Ashcroft
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US Department of Justice interfaces and give away other technological issue in the original lawsuit] represents 950 Pennsylvania Avenue, NW information as they have agreed to do. Microsoft’s willingness to bend backward to Washington, DC 20530 I appreciate you taking the time to read this see this case rectified and settled With Dear Mr. Ashcroft, and it’s nice to know that my opinion will Windows XP, Microsoft has already carried Today, I am writing you to express my be counted, along with the many others that out modifications listed within the support of the recent settlement reached support Microsoft and want to see the agreement, making it easier for computer between Microsoft and the Department of government stay out of business affairs. makers software developers and consumers Justice. I am a long time supporter of the cc: Senator Rick Santorum to reconfigure their Windows setup at any Microsoft Corporation. Thus, I would be Sincerely time. In addition to that Microsoft has also happy to see the litigation against Microsoft Clifford Cashman agreed to supply to the competition its come to an end. As a republican I believe in protocols used to operate Microsoft’s server free enterprise and can’t imagine an MTC–00031138 operating system, allowing opposing software administration for which I voted choosing to Albert W. Veit companies to make their products compatible damage a company that has added so much 32 Dogwood Lane should they choose to do so to the economy and growth of our country. Grove City, PA 16127 Microsoft’s compliance will be monitored As a senior citizen, Microsoft has Phone: (724) 458–4096 carefully thus precluding future violations. personally impacted my life. A few years ago, fax: (724) 458–4096 This may be preaching to the choir’’, but I I was what they call ‘‘computer illiterate’’ as e-mail: [email protected] never felt that the company should have been I did not grow up learning how to ‘‘surf the Jan. 14 2002 02:46PM P1 punished for being competitive- and doing web’’ or send electronic mail. I do not think January 14, 2002 well. The American way is for the market to that I would have bothered to learn how to Attorney General John Ashcroft judge the value of the product Not everyone use a computer, it is weren’t for the Microsoft US Department of Justice can be on top. From my view this Operating Corporation. Microsoft’s products are so user- 950 Pennsylvania Avenue, NW System made this technology user-friendly friendly that I was able to master computer Washington, DC 20530 and accessible to a great segment of the applications and thus enjoy the age of Dear Mr. Ashcroft: population. technology. I urge your office to suppress all opposition Thank you in advance for your support of It is these innovations that have enabled to the recent settlement between the this [dare I hope] final settlement Microsoft to rise to the top of the technology Department of Justice and Microsoft. This Sincerely, industry and is my belief that Microsoft has case never should have been brought to Pamela J. Dvorak earned its position as a leader in its field. It court. cc: Senator Rick Santorum; Senator Arlen is ridiculous for the federal government to The settlement, though as it is, is in the Specter punish Microsoft for producing high quality best interests of the IT industry and the products. Please let the settlement stand as economy. Microsoft did not get off easy, but MTC–00031140 it is written. ( An educational bill was just the settlement is fair and reasonable, and it Bruce Wynn 9728852507 01/14/02 01:25P passed and yet you want Microsoft not to will clearly benefit consumers and preclude P.001 supply technology to students who most future anticompetitive behavior. To increase 8371 Christie need assistance to participate in todays competition, Microsoft has agreed to allow Frisco, TX 75034–3708 world. That sounds like leaving ‘a child competitors to place their programs on January 11,2002 behind’. Microsoft must be allowed to focus Microsoft’s Windows operating systern. This Attorney General John Ashcroft on creating innovative software to assist our will be achieved by Microsoft making US Department of Justice, 950 Pennsylvania country continue to lead the world in available to other companies information Avenue, NW technology. regarding the internal interfaces of Windows. Washington, DC 20530–000 1 Very truly yours, The recession has had a devastating effect on Dear Mr. Ashcroft: Mary M. Hembrock state budgets and the federal budget, and it I am writing to inform you of my thoughts cc Rick Santorium is important that the technology industry be regarding the recent settlement between the allowed to concentrate on business now. Justice Department and Microsoft. I support MTC–00031137 I sincerely hope no further legislation is the settlement 100%. 01/14/02 15:54 8149428694 CR CASHMAN brought against Microsoft and look forward It is in the best interests of all parties 001 to a revival of out IT sector. involved to have this case settled so that 149 Elm Street Sincerely, Microsoft can continue to develop products, Hollidaysburg, PA 16648–2930 Albert Veit and the government can focus on the more (814)695–9398 cc: Senator Rick Santorum pressing needs of our country. I believe that Attorney General John Ashcroft Microsoft is getting a raw deal in this case. US Department of Justice, MTC–00031139 Microsoft has agreed to divulge its hard 950 Pennsylvania Avenue, NW Sent by: Jan-14–02 03:50pm From earned intellectual property in its Windows Washington, DC 20530–0001 61052628869202 353 8856 page 1/1 operating system internal interfaces, grant January 8, 2002 Pamela J. Dvorak third parties flexibility to modify its well- Dear Mr. Ashcroft: 612 Woodleave Road crafted Windows program to promote non- I don’t feel that the government has been Bryn Mawr, PA 19010–2921 Microsoft programs, and license its fair to Microsoft from the start. I think the 610–526–2216 / fax 610–526–2886 intellectual property on an open, non- government should keep its nose out of the /[email protected] discriminatory basis. affairs of business and leave Tree enterprise Attorney General John Ashcroft The terms of the settlement are more then alone. In my opinion there are many more US Department of Justice fair and reasonable for the government to important issues for the govcrnmcnt to spend 950 Pennsylvania Avenue, NW accept. Please leave Microsoft alone, and not their time and taxpayer money on. Washington DC 20530–0001 pursue any further action against them. Microsoft does a lot for this country, giving January 14, 2002 Sincerely, charity, and providing jobs. The government Dear Mr. Ashcroft Joyce Wynn should reward companies that do so well, not I am pleased that the Microsoft Antitrust cc: Representative Richard Armey attack them for simply making a better case has finally nearing completion. After product. I hope that the settlement of this three years of litigation. it is time Microsoft MTC–00031141 case will discourage government from doing can once again focus on what it does best- JAN-14–2002 03:19P FROM: things like this from now on. Nonetheless, product development driving a successful TO:12023071454 the terms of the settlement are fair especially business ANDERSON COLUMBIA CO., INC. considering Microsoft is conceding much The broad range of the settlement P.O. Drawer 38—Old Town, FL 32680 more than necessary in my opinion. They [restrictions and obligations on Microsoft that (352) 542–7942—Fax # (352) 542–3417 should not have to disclose internal extend products and technologies not even at January 12,2002
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Attorney General John Ashcroft Avenue, NW Page 1 /1 US Department of Justice, 950 Pennsylvania Washington, DC 20530–0001 TrainSoft Avenue, NW Dear Mr. Ashcroft: 6559 Old Meadow Court, San Jose, CA 95135 Washington, DC 20530–0001 I am happy to hear the government has (408) 223–6034 [email protected] Dear Attorney General Ashcroft: decided to settle the Microsoft case. I don’t January 12,2002 It has come to my attention that both the believe Microsoft should have been sued in Attorney General John Ashcroft Justice Department, and Microsoft have the first place. However, I think it is in US Department of Justice reached a settlement in the three-year everyone’s best interest that this case settle, 950 Pennsylvania Avenue, NW antitrust case. I am happy to hear about the so that Microsoft may continue doing what Washington, DC 20530 settlement, and I support it 100%. it does best—and that is producing quality Dear Mr. Ashcroft, This settlement will allow computer products. The settlement agrcement appears I readily admit that Microsoft could have makers the means to remove access to to be fair, and well thought out. I am handled itself better regarding concessions to various features of Windows, such as particularly in favor of the creation of the allow competitive browsers on its Windows Microsoft’s Internet Explorer web browser, technical oversight committee. The existence OS a lot sooner with a lot less fuss. However, windows Media Player, and Windows of an oversight committee should be able the response by our government to this and Messenger. Also, Microsoft has agreed not to allay Microsoft’s competitors’’ fears that other complaints about Microsoft were far too retaliate against computer makers who ship Microsoft will not abide by the settlement severe, especially when breaking up software that competes with anything in its once it is finalized. Additionally, the Microsoft was under serious consideration. Windows operating system. settlement will allow computer Fortunately, the threat of this eventuality has In fact, Microsoft has even agreed not to manufacturers more flexibility to run been dissipated by this settlement. I am retaliate against software developers who software that competes with Windows. pleased by your efforts to bring it about, and develop or promote software that competes Microsoft has really agreed to terms beyond I would urge you to go further and work with with Windows. I would like to see this case what is required of them. Attorney General Lockyer to have this settled as quickly as possible, since further I strongly support all parties’’ efforts to unpleasant situation in California settled as delay would end up hurting the American resolve this case and resent the nine states well, since the settlement remedies the economy. Do not prosecute Microsoft any that maintain opposition. Thank you for your question of bundling Internet Explorer with further! efforts in this regard. Windows, as well as addressing many other Thank you. Sincerely, concerns, such as interoperability. Truly American, Agnes Anderson While this settlement forces Microsoft into Cynthia T. anderson certain concessions not envisioned by the MTC–00031144 original lawsuit, it does have the distinct MTC–00031142 JAN-14–2002 01:41 PM IRWIN EAGLE 410 advantage of ending the suit. This is a 01/14/02 MON 15:08 FAX 7176240432 363 7640 P.01 welcome end, in that we can all put this CLIFFORD G ROSBOROUGH 201 Berry Vie Drive behind us and work towards rebuilding our 80 Matthew Drive Owings Mills, MD 21117 nation’s economy through the IT business New Oxford, Pennsylvania 17350 January 14, 2002 community itself without fear that this January 9,2002 Attorney General John Ashcroft lawsuit could yet to more damage. Attorney General John Ashcroft US Department of Justice I am therefore writing to suggest my US Department of Justice 950 Pennsylvania Avenue, NW support of this settlement, as well as share 950 Pennsylvania Avenue, NW Washington, DC 20503 my hope that this sort of thing will not Washington, DC 20530 Dear Mr. Ashcroft: happen again. Dear Mr. Ashcroft: I am a retired businessman I had my own Sincerely, I am writing to express my opinion of the successful interior decorating firm for over Hasan Z. Rahim recent antitrust settlement between Microsoft thirty five years. It was done by working hard President and the US Department of Justice. I am happy and staying ahead of the competition. One cc: Representative Zoe Lofgren to see that the case is being settled because such company is Microsoft that succeeded in MTC–00031146 I believe it has dragged out long enough, to this manner and because of its success was the detriment of the IT sector and the targeted by the Department of Justice for an Jan 14 02 12:32p American Economy. antitrust lawsuit. The lawsuit has now settled FOWLER AGENCY CORP Bill Gates created an innovative and and I am writing to you to ask that you give 616 452–1333 p.1 vision-oriented giant that has done wonders your approval to this settlement. I was DAVID E. FOWLER for our nation. Microsoft should not be against the suit from the start and never have 3120 MADISON SE. punished for being successful. It is my never been able to understand the reasoning GRAND RAPIDS, MICHIGAN 49348 opinion that there is a direct correlation behind it. To me, Microsoft is a shining January 12,2002 between the economies woes of the nation example for this great country. Here is a man Attorney General John Ashcroft and the litigation between the government who had a good idea, worked hard and U.S. Department of Justice and Microsoft. Under this settlement, succeeded. He is to be commend for his Washington, DC 20530–0001 Microsoft will share information about the innovation and the way he does business, he Dear Attorney General Ashcroft: internal workings of Windows with its keeps jobs and people working in this As an avid Microsoft supporter, I write to competitors, and will allow them to place country not go overseas for cheap labor. His express my support for the Microsoft their own software and programs on the competitors could not keep up and cried settlement. I have written previously to Windows operating system. The settlement foul, succeeding in clipping his wings to express my gratitude that the issue was represents the best available solution to this some extent, since they could not keep up on finally reached in November. I write again to seemingly interminable lawsuit. Therefore, I an even playing field. No one took Henry express my support during this period of support the settlement, and look forward to Ford to court for being to smart. public comment. I trust that at the end of this a day when this case is a distant memory. Do not let small mind prevail in this sixty-day period, the Justice Department will Sincerely, matter. Give your support to the Microsoft conclude that this settlement is in the best Clifford Rosborough settlement and let’s get back to business. interests of the economy and the technology cc: Senator Rick Santorum Thank you. industry. Sincerely, Without doubt, the technology has suffered MTC–00031143 Irwin Eagle during this litigation. IT industry supporters Jan-14–02 10:15A P01 also know the lengths to which Microsoft has 103 Harmony Lane MTC–00031145 gone to appease their competitors. Microsoft Port Angeles, WA 98362–8141 Sent By: JESKELL INC. has agreed to design Windows applications Attorney General John Ashcroft 408 744 0603; so that computer producers have increased US Department of Justice, 950 Pennsylvania Jan-14–02 10:24; rights when designing computers. The
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configurers can now install competing the recent settlement in the Microsoft to ten different programs to get what I could programs within Windows. Computer makers antitrust case. This case has been going on for get with one Microsoft package. Bill Gates, will now be able to remove the means by years and it is high time that we stop wasting through Microsoft, made software and which consumers access various features of taxpayers money. Letting Microsoft get back computers affordable. He kept prices down. the Microsoft programs. Thus, producers can to business would help get this country back Software and computers do not cost near eliminate aspects such as Explorer or Media on track. what they did ten, fifteen years ago. Bill Player from the system. This is evidence of I am a software consultant and I use Gates brought the ‘‘computer revolution’’ into the generosity of the Microsoft Company. Microsoft’s and other companies’’ products. the living room of the average person, myself In all, I hope that this period of public Microsoft’s ‘‘monopolistic’’ influence included. comment ends with the enactment of this certainly didn’t stop me from using other That is why I am writing to urge you to settlement into practice. companies’’ software. I chose to give your support to the Microsoft settlement. Sincerely, simultaneously use both products, due It has been reached after three long, hard mainly to Microsoft’s ease of integration. I years. It is really time to move on. Do not MTC–00031147 see free enterprise as a valued ideal in our give in to the demands of those who still are JAN-15–2002 12:17 AM KELLEY CONSULTS society. not satisfied, and will not be. We have moved 334 885 6111 P.01 This settlement contains provisions and forward from the tragedies of 2001, help us January 13,2002 requirements that go well beyond the move forward in our economy as well. Thank Attorney General John Ashcroft government’s original grievances and work to you. US Department of Justice ensure fair, honest and responsible Sincerely, 950 Pennsylvania Avenue, NW competition. This agreement between Carol Rauscher Washington, DC 20530 Microsoft and the federal government require Cc: Representative Robert Wexler Dear Mr. Ashcroft: Microsoft to submit to a three person, I truly believe that the litigation against government appointed, technical oversight MTC–00031151 Microsoft is in total opposition to the concept committee. Furthermore, this settlement JAN 14 2002 12: 09 FR DREYFUS 516 338 of free enterprise. I also think that it is unfair forces Microsoft to give up its intellectual 3330 TO 912023071454 to penalize Microsoft for its successful property to its competitors and partners in Dreyfus Service Corporation attempts at surpassing the innovation of its exchange for a fair and reasonable license fee. 35 Seacoast Terrace—Apartment 9W competitors. I am therefore writing to ask that This provision alone will advance technology Brooklyn, New York 11235 the Department of Justice seriously consider vastly and improve competition January 11,2002 putting this whole matter to rest right away. tremendously. This settlement is the result of Attorney General John Ashcroft I think that this lawsuit has done much more intense negotiations over a three-month US Department of Justice harm than good. period, helped along by a government 950 Pennsylvania Avenue, NW A close look at Microsoft’s handling of the appointed moderator. I support the Washington, DC 20530 settlement thus far will reveal nothing but settlement, and look forward to seeing the Dear Mr. Ashcroft: compliance. Microsoft has been true to the end of this case. I support the settlement of the terms of the settlement in every sense of the Sincerley, government’s antitrust lawsuit against word. Microsoft has done much recently to Gene Sachsenmaier Microsoft. I am a computer programmer for enable its competitor’s access to Windows. cc: Representative Anthony David Weiner Dreyfus, a mutual funds company. I am also They have also agreed to document and a participant in the stock market. As an MTC–00031150 disclose various interfaces that are internal to investor, I have observed the devastating Window’s operating system products. Jan-14–02 ll:54 Tim Rauscher P01 impact of the antitrust suit on our economy. Let’s stop the litigation and reinvest in Carol Rauscher The stock market has plummeted, and as a technology. I do hope that my views and 5132 NW 74th Court result the technology industry as a whole has opinions will be helpful in establishing Coconut Creek, FL 33073 suffered. closure in this matter. January 7,2002 This case should settle for economic Sincerely, Attorney General John Ashcroft reasons, but I also believe the terms of the Leonard Kelley U.S. Department of Justice agreement itself are fair and will promote 65561 Highway 22 950 Pennsylvania Ave, NW better competition among IT companies. I am Roanoke, AL 36274 Washington, DC 20530 especially in support of Microsoft’s (334) 885–6111 Dear Mr. Ashcroft, agreement to not retaliate against computer I am a computer user. I believe the manufacturers who use or promote software MTC–00031148 ‘‘technological revolution’’ has allowed other than Microsoft’s. I also support the 01/14/2002 12:21 718–634–3208 GENE greater creativity and innovation than ever establishment of a technical oversight SACHSENMAIER PAGE 01 previously thought, and the one person most committee to monitor Microsoft’s compliance The Business Automation Group responsible for this revolution is Bill Gates. with antitrust laws. In fact, I believe the www.tmsgroup.com Through his hard work and own personal guidelines Microsoft will be subject to should HOME OFFICE vision, he has allowed this country to move be applied not only to Microsoft, but also 404 Bayslde faster and farther than any previous across the board to Microsoft’s competitors. Breezy Point, NY 11697 ‘‘industrial’’ revolution. And, unfortunately, This lawsuit has hurt our economy. Ending Tel: (866) 592–2100 he is being punished for it. I am talking of the litigation will benefit consumers, and Fax: (718) 634–3208 the antitrust suit brought against Bill Gates will strengthen the technology industry as a e-mail: [email protected] by the Department of Justice. My feelings whole. I ask your support in ensuring a swift MIDWEST OPERATIONS with regard to this action is that it was conclusion to this case. 21535 West 179th Street brought by those who were not, and are not, Sincerely, Olethe, Kansas 66062 as smart or innovative as Bill Gates, and only Grigory Libo Tel: (913) 582–2100 through such an action as an antitrust filing cc: Representative Anthony David Weiner Fax:(913) 592–3509 were they able to hinder Microsoft’s progress. e-mail: [email protected] I think it is very tragic that we, in this MTC–00031152 January 12, 2002 country, allow so readily the destruction of FROM : ST Sanford Computer FAX NO.: Attorney General John Ashcroft a successful company. But the suit has 6312247183 Jan. 14 2002 04:29PM P1 US Department of Justice ended. An agreement was reached. Microsoft TEKNOWLOGY, Inc. 950 Pennsylvania Avenue, NW has allowed, among other things, computer Phone: (631) 224–9450 X. 111 Washington, DC 20530 makers to install whichever software they FAX: (631)224–7183 Dear Mr. Ashcroft: wish. I now have a choice. Of course, I had http://www.teknowology.com I would like to take this opportunity to let a choice before, also. I was able to choose January 14,2002 you know that I strongly urge you to support whatever software I wanted. I just had to go Attorney General John Ashcroft
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U.S. Department of Justice Dear Attorney Hesse: and I am not a Microsoft shareholder, so the 950 Pennsylvania Avenue, NW Please support the settlement agreement views expressed are simply those of an Washington, DC 20530–0001 reached between Microsoft and the Justice interested American. Dear Mr, Ashcroft, Department lawyers. This case has gone on I didn’t agree with the Justice Department I suppose an argument can successfully be too long, and wasted too much of the when it began this process. DOJ’s market advanced that throughout the years Microsoft taxpayers money. With a recession and analysis appeared to be static when the has become a bit proud and defensive international crises going on, it should be product, product mix and alleged regarding its software products. These traits, obvious that our government has better anticompetitive behavior were all evolving while not laudable, are not reason enough to things to do that harass a company that has on a dynamic matrix. From a consumer drag a company like Microsoft into federal created thousands of jobs and billions of protection standpoint, which is the basis for court. Threatening a company like Microsoft dollars in wealth. antitrust action, the result of those behaviors with breaking it up does not fill any but the My company is decidedly low-tech but we provided reduced costs to consumers from a most ardent of Microsoft’s critics with any use the products of Microsoft and its product that became user-friendly efficient. measure of confidence. competitors on a daily basis. I cannot for the No evil consequences—only good results. Ultimately, it is far better that this suit has life of me see how anyone can see antitrust But the results of the government’s actions ended with a settlement. While I leave it to activity anywhere in that industry. No sector against Microsoft have not been good. The others to decipher the specifics of the of the economy could be more fluid, DOJ has been unable to show that the action settlement’s terms on such things as software changing and open to new ideas and will improve software, decrease costs or licensing and Microsoft’s relationships with businesses. I understand why the Justice expand services. In fact,the government’s other IT companies, any settlement that is Department must regulate the business world heavy-handed action has had a chilling effect reasonably acceptable to both sides is far to prevent abuses, but they need to do so on investment and on innovation. better than dragging this case through the with a little more common sense. This The settlement that has been proposed courts. settlement proposal provides a very provides wide-ranging protections against For this reason, I am writing in support of convenient opportunity to end this case, once anticompetitive behavior by Microsoft— the settlement. I am also expressing my and for all, so that those in the high-tech protections that probably go much further desire to see this entire episode concluded so industry and us in the low-tech industries than needed. Wisely, the State of North that we can all put this behind us. Thank can get back to the business of creating jobs Carolina is no longer a party to this you. and growing the economy. proceeding, a recognition of the effectiveness Sincerely, Thank you for your consideration. of the settlement provision. Scott Sanford Sincerely, Given the economic uncertainty President Paul Routhier threatening our nation today, there is no J.P. Routhier & Sons, Inc better time and no better way to bring this MTC–00031153 256 Ayer Road, over-long and over-expensive proceeding to a 01/14/2002 02:17 +000000000 PAGE 01 Littleton, MA 01460–1010 close. I sincerely hope the court will do so. January 14, 2002 Recycling (978) 772–4251 Thank you Renate Hesse Transportation (978) 772–0141 Best Wishes. Trial Attorney, Antitrust Division FAX (978) 772–5528 Sincerely, Department of Justice John T. Bode MTC–00031156 601 D Street, NW, Suite 1200 MTC–00031157 Washington, DC 20530 BODE, CALL & STROUPE,L.L.P. Dear Ms. Hesse: ATTORNEY AT LAW Bruce Wynn 9723352507 01/14/02 0l:12P P. I am writing to urge you to support the 3105 GLENWOOD AVENUE, SUITE 300 001 proposed settlement of the antitrust lawsuit RALEIGH, NORTH CAROLINA 8371 Christie against Microsoft. While I believe that many (919)882–0338 Frisco, TX 75034 of the allegations raised by the lawsuit TELECOPIER (919)881–9543 January 11, 2002 against Microsoft may have merit, it is time JOHN T. BODE Attorney General John Ashcroft to shift the focus of the Department of Justice W. DAVIDSON CALL US Department of Justice and our tax dollars to other priorities. ROBERT V. BODE 950 Pennsylvania Avenue, NW While the proposed settlement is not a OTIS L. STROUPE, JR Washington, DC 20530 home run for any of the interested parties, it V. LANE WEARTON, JR Dear Mr. Ashcroft: does have a little bit of something in it for S. TODD KEMPHILL As a concerned citizen of this country, I am everybody while maintaining its overall DEANA EVANS RICKETTS writing to voice my opinions on the recent balance. One way that you can tell that the JAMES N. JOSGREEN settlement between Microsoft and the Justice settlement is balances is the fact that nobody CHRISTIE M. POPELAND Department. I support the settlement that has is very happy with the proposed settlement. JOHN V. HUNTER III been reached by both parties. It is in the best Please contact me if you have any OF COUNSEL interest of the government to accept this questions, or if you would like more DAVID F. GREEN settlement so they can move onto the more information. (1945–1985) pressing needs on the country. Furthermore, Thank you, MAILING ADDRESS continued pursuit of this case would only be J. J. Eglin JJ/sem POST OFFICE BOX 6338 a waste of tax dollars, time, and human 4100 Atlas Ct., RALEIGH, NORTH CAROLINA 27628–6338 resources. Bakerfield, CA 93308 Post Office Box 6331 Microsoft is not getting off easy in this (616)327–1918 Raleigh, North Carolina 27612–6334 case. They are making specific changes to www.bclabs.com January l0, 2002 their product development, and with their Via Facsimile (202)616–9937 business practices as well. For example, MTC–00031155 Renata Hesse Microsoft has agreed to allow computer 1—15–2002 4:26AM Trial Attorney makers to reconfigure Windows so as to FROM J P ROUTHIER 978 7725528 P.1 Antitrust Division promote Non-Microsoft software programs. Routhier + Sons, Inc. Department of Justice Also, let me remind you that there will be an January 8, 2002 601 D Street, NW, Suite 1200 establishment of a three-person technical Renata Hesse Washington, DC 20530 committee to monitor Microsoft’s compliance Trial Attorney Dear Ms. Hesse: with the settlement. Antitrust Division I appreciate the chance to share my I urge that the government accept the Department of Justice thoughts on the Microsoft matter as part of settlement, and not pursue any further action 601 D Street NW, Suite 1200 the Department of Justice’s comment process. on the federal level. Washington, DC 20530 I don’t represent Microsoft or its affiliates Sincerely,
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Bruce Wynn behind us and work towards rebuilding our well as that of the local community and nation’s economy through the IT business nation. MTC–00031158 community itself without fear that this In this time of economic uncertainty, we FROM : H&S HOSE& lawsuit could yet to more damage. need to be creating jobs and improving the SUPPLY FAX NO. :6613274683 I am therefore writing to suggest my education our children. Our efforts need to Jan. 14 2002 12:09 P1 support of this settlement, as well as share be focused on issues and activities that will H & S HOSE SUPPLY my hope that this sort of thing will not strengthen our economy and position us for January 14, 2002 happen again. growth in the global market. I believe that the Renate Hesse Sincerely, government’s settlement with Microsoft is Trial Attorney, Antitrust Division Hasan Rahim needed in order to facilitate this type of Department of Justice President productive activity. 601 D Street, NW, Suite 1200 cc: Representative Zoe Lofgren From what I’ve read, I believe the recent Washington, DC 20530 settlement is encouraging and fair to non- Dear Ms. Hesse: MTC–00031160 Microsoft software programs. Companies that I am writing to urge you to support the Jan-14–02 10:30 JIM SCHAAF & ASSOC. 913 make computers will have the freedom to proposed settlement of the antitrust lawsuit 663 2146 P.01 remove Microsoft features with no against Microsoft. While I believe that many JIM SCHAAF consequences against them. Moreover, of the allegations raised by the lawsuit January 11, 2002 Microsoft will not retaliate against companies against Microsoft may have merit, it is time Attorney General John Ashcroft that develop or promote software that to shift the focus of the Department of Justice US Department of Justice competes with Windows. and our tax dollars to other priorities. 950 Pennsylvania Avenue, NW This settlement is just and fair. It’s a fitting While the proposed settlement is not a Washington, DC 20530–0001 end to this legal drama that has played itself home for any of the interested parties, it does Dear Mr. Attorney General: out for over two years now, have a little bit of something in it for I am writing to you as a concerned citizen Thank you for your attention to my everybody while maintaining its overall regarding the recent Microsoft settlement. thoughts. balance. One way that you can tell that the How can this three year long negotiation still Sincerely, settlement is balances is the fact that nobody be on hold? This well thought out, well- Kent Shoemaker is very happy with the proposed settlement. monitored process yielded a fair and Executive Vice President Please contact me if you have any reasonable settlement for all parties involved. Eastern Region questions, or if you would like more It is time to let the terms of this agreement FreshPoint, Inc. information. speak for themselves. Under the agreement, 8801 Exchange Drive Thank you, Microsoft has agreed to: Orlando, FL 32809 P.O. Box 40308 1. Turn over its internal interfaces for its Telephone 407 858–0020 5959 Rosedale Highway Windows operating system to its competitors, Fax 407 888–9179 Bakersfield, California 93384 2. License its intellectual property to its (661) 327–HOSE (4673) competitors, MTC–00031162 Fax (661) 327–4683 — 3. Make it easier for non-Microsoft FROM : SHOOK products to be added to Windows by its FAX NO. : 3525435623 MTC–00031159 competitors, and Jan. 14 2002 11:13AM P1 Sent By: JESKELL INC; 408 744 0603; 4. Have a technical committee grade it for 1655 Heron Lane Jan-14–02 10:27; compliance and accepting complaints, even Ceda Key, Florida 32625 Page 1/1 by their competitors. January 8, 2002 TrainSoft What more could Microsoft‘s competitors Attorney General John Ashcroft 6559 Old Meadow Court reasonably expect from a fair settlement? As US Department of Justice San Jose, CA 95135 we sit and spend more of our Country’s 950 Pennsylvania Avenue, NW (408) 223–6034 precious resources on more litigation the Washington, DC 20530 [email protected] global market continues to produce Dear Mr. Ashcroft: January 12, 2002 outstanding results. Our innovative industry As much as is possible, American Attorney General John Ashcroft should be able to concentrate on the same companies should not have to face extended US Department of Justice without worrying about further legal battles. litigation on a permanent basis. That is why 950 Pennsylvania Avenue, NW Let us allow our technology industry to move I was pleased to hear that you have agreed Washington, DC 20530 forward and work together to maintain our to settle with Microsoft in the anti-trust case. Dear Mr. Ashcroft, place in the global market. Making sure the settlement is completed will I readily admit that Microsoft could have Please help us to stop any further litigation be even better news for our economy and handled itself better regarding concessions to against this settlement. Let us move forward American business. allow competitive browsers on its Windows and allow our technology industry to Regrettably certain interest groups, many OS a lot sooner with a lot less fuss. However, prosper. I thank you of your support. with anti-Microsoft bias, may attempt to the response by our government to this and Sincerely, derail this settlement. They argue that the other complaints about Microsoft were far too James M. Schaaf settlement is not harsh enough against severe, especially when breaking up Microsoft. This however is not the case. This Microsoft was under serious consideration. MTC–00031161 settlement ends any contractual restrictions Fortunately, the threat of this eventuality has 01/14/2002 11:18 FAX 4078592305 Microsoft could place on competitors, and been dissipated by this settlement. I am REDS MARKET opens up Microsoft’s formerly confidential pleased by your efforts to bring it about, and 001 code to competitors; an action never before I would urge you to go further and work with FRESHPOINT taken by a software firm. Without a doubt Attorney General Lockyer to have this January 14, 2002 this settlement is sufficient. Detractors unpleasant situation in California settled as Renata Hesse simply have an anti- Microsoft prejudice and well, since the settlement remedies the Antitrust Division should be more open-minded. question of bundling Internet Explorer with Department of Justice Maintaining strong support for the Windows, as well as addressing many other Fax: 202–616–9937 settlement is critical to ending this case. concerns, such as interoperability. Fax: 202–307–1454 Sincerely, While this settlement forces Microsoft into Dear Ms. Hesse: Joseph Shock certain concessions not envisioned by the Being informed and involved in the issues original lawsuit, it does have the distinct of our community has always been a priority MTC–00031163 advantage of ending the suit. This is a for me. Business leaders need to ensure the 01/14/02 04:53 ARTBA-> 001 welcome end, in that we can all put this stability and growth of their businesses, as From the Desk of:
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hristopher J. Atkins or steals, the government should become Microsoft has felt the burden of these January 12, 2002 involved in that corporation’s affairs, and proceedings, commercial retailers who sell Attorney General John Ashcroft perhaps a lawsuit should ensue. On the other MS products, employees of said retailers, US Department of Justice hand, a corporation, such as Microsoft, Microsoft affiliated companies, stock holders, 950 Pennsylvania Avenue, NW should not be subjected to antitrust litigation and the American tax payers have all been Washington, DC 20530 merely because it develops superior products impacted by the antitrust suit. Given the Dear Mr. Ashcroft: through hard work and innovation of its current down turn in our nations economy, I’m writing to voice my strong support for research and development team. now is not the time to be wasting our the Microsoft settlement. Microsoft has I strongly believe the terms of the resources in the court room when they could agreed to terms that are not only unfair to settlement agreement go too far. Specifically, be better utilized elsewhere. Therefore I Microsoft, but I feel, could quite possible I am not in favor of the provision of creating support the antitrust settlement, and urge have negative consequences for Microsoft, a a technical oversight committee. I am you to do the same. company that has revolutionized the software oppossed to watchdog groups in a free Sincerely, industry and provides thousands of jobs. Any enterprise system. However, I do support Charles Stinson further legal action by states or the federal Microsoft making this concession in the government is only frivolous and punative. interest of getting the case settled. I am also MTC–00031166 In the settlement, Microsoft has already concerned about some of the other Douglas P, Fields agreed to grant rights to computer-makers so concessions Microsoft is making. For 100 Midwood Road that they may configure Windows to remove example, Microsoft has agreed to make it Greenwich, CT 06830 Microsoft products so the computer easier for computer manufacturers to remove TEL. (203) 661–2978 manufacturer can install its own competitive features of Windows from computers so that FAX: (203) 661–2996 programs or programs from other software competing software programs may be [email protected] makers, such as RealNetworks or AOL’s installed. However, I do support Microsoft’s By Fax: 1 202 307 1454 or 1 202 616 9937 Instant Messenger. agreement to these terms if it will prevent By Email: [email protected] Microsoft has also agreed to make it easier setting a precedent for disgruntled Microsoft January 12, 2002 for computer manufacturers, consumers, and competitors to challenge Microsoft at will Attorney General John Ashcroft software developers to promote non- whenever they believe Microsoft has created United States Department of Justice Microsoft products within Windows. a better product. Clearly, Microsoft has gone 950 Pennsylvania Avenue, NW Microsoft has further agreed to not retaliate far beyond what should be expected of it in Washington, DC 20530–0001 against any software or hardware developers the interest of bringing this matter to a close. Dear Attorney General Ashcroft: I believe who develop software that directly competes I stongly support approval of the that the antitrust case against Microsoft was with Windows or other Microsoft products. settlement to the end to this needless inappropriate from its very inception and In a move that limits its own litigation. Thank you for your consideration that the government should not have competitiveness, Microsoft will give the of my comments. interfered with one of our country’s most necessary license for its intellectual property Sincerely, successful and innovative private businesses rights. For these reasons. I support this David L. Rush on the basis represented by the antitrust suit. flawed settlement in hopes the federal I am pleased that the Justice Department has MTC–00031165 government and many states will not pursue finally decided to reach a settlement in this any further frivolous legal action that will JAN–11–2002 12:27 case. It has been three long years. only result in the destruction of intellectual CHARLES STINSON 9637833 Microsoft has given up a lot in this property and the demise that has built the P. 01/01 settlement. It has agreed to make future existing computer and software industry. Charles B. Stinson versions of Windows easier to use non- Sincerely, Lighthouse Road P.O. Box 62 Microsoft software, and it has agreed to Chris Atkins Prospect Harbor, Maine 04669–0062 disclose a lot of information on the internal 7507 Woodside Lane, Apt. #24 Tel 207/963–2677 operating system, which is a first as far as I Lorton, VA 22079–2013 Email ckelp@acadia. net know. Phone/FAX: 703–339–7244 January 14, 2002 I am certainly happy that government has Cell Phone: 202–425–4837 Attorney General John Ashcroft decided to limit its involvement in E-mail: [email protected] US Department of Justice Microsoft’s business affairs, at least for now. 950 Pennsylvania Avenue, NW I hope that continues to be so. Thank you for MTC–00031164 Washington, DC 20530–0001 taking the time to read my opinion on this JAN–13–2002 07:46 PM Dear Mr. Ashcroft: matter. DAVERUSH 9413661670 I am in support of the current settlement Sincerely, FROM : David L. Rush between Microsoft and the Department of Douglas P. Fields 2705 Bruce Lane Justice at the federal level. Microsoft has Sarasota, Florida 34237 produced some of the best products for the MTC–00031167 Telephone: 941,366–4781 computer, which accounts for their vast 01/12/2002 08:31 5413440403 FAX: 941, 366–1670 success and status as an industry leader. JOHN KNUTSON January 12, 2002 There have been some instances in the past PAGE 01 Attorney General John Ashcroft where making a choice in peripheral 2105 Stonecrest Drive United States Department of Justice Windows components was overly difficult, Eugene, Oregon 97401 Washington, DC 20530–0001 which is one of the reasons I am in favor of January 11, 2002 Dear Attorney General Ashcroft: the current settlement. I understand that from Attorney General John Ashcroft I am a partner in a telecommunications this time forward Microsoft products will be US Department. of Justice company. I use Windows in my business, much more accommodating to the use and 950 Pennsylvania Avenue, NW and believe Microsoft has consistently integration of competitors software Washington, DC 20530 created superior products. I would be unable peripherals. This is definitely a step forward, Dear Mr. Ashcroft: to conduct my business in today’s world because I believe above all else the consumer I am writing to express my support of the without Microsoft’s innovations. As a should have the right to choose, to mix and recent settlement between Microsoft and the businessman, I am obviously interested in match software as they see fit. federal government. I sincerely hope that no having the most advanced technology Another important reason for ending the further action is being taken at the federal available to me, at the lowest cost. The antitrust proceedings swiftly is the strain, level. Microsoft antitrust lawsuit clearly gets in the which our economy is currently under. The Taking into consideration the terms of the way of both of these goals. information technology industry is one of the agreement, Microsoft did not get off at all. In I have been totally against this lawsuit biggest in the United States, and the antitrust fact, Microsoft is left to make some from the get-go. If a corporation lies, cheats, suit has hurt this industry. Not only significant changes to the way that they
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handle business. For example Microsoft has the last thing we need to be spending interests have kept this suit alive for much agreed to not to retaliate against software or taxpayer dollars on is law suits. I understand longer than needed. It is time now for the hardware developers who develop or that more than $30 million dollars have been Department of Justice to put the needs of the promote software that competes with spent on this case. That money would have consumer first by ending this suit. Microsoft Windows or that runs on software that been well-spent on education. has agreed to more than any company should competes with Windows. Sincerely yours, be asked to do, such as opening up its With all of the terms of the agreement, I see Jerinda F. Mohrmann intellectual property rights to the internal no reason to pursue further litigation on any 18280 Beaverdam Road interface of its Windows operating system to level. I support the settlement, and hope to Beaverdam, Virginia 23015 its competitors, and agreeing to be monitored see it enacted soon. by a Technical Committee to which any third Sincerely, MTC–00031170 party may file a complaint against Microsoft. John Knutson. JAN–12–2002 05:31AM P.01/03 This period of public comment is a great State of New Hampshire opportunity for the Department of Justice to MTC–00031168 House of Representatives know that many people in America support Jan 11 02 06:40p Concord Microsoft and want to see it succeed for the De Byerly 641–421–1100 January 11, 2002 good of the economy and for the good of 1725 So. DELAWARE AVE Renata Hesse American business. The Department of MASON CITY, IA 50401 Trial Attorney Justice owes the American people an end to JANUARY 10, 2002 Anti trust Division this suit and an end to its meddling into Judge Kollar Kotelly Department of Justice American business. I urge you to see that the c/o Renata Hesse 601 D Street NW, Suite 1200 proposed settlement be formalized as soon as Trial Attorney Washington, DC 20530 is legally possible. Antitrust Division Via Fax Sincerely, U.S. Department of Justice Dear Attorney Hesse: Robert E. Esterling 601 D Street, NW, Suite 1200 I understand that public comment is now Washington, DC 20530 being accepted in the case of U.S. v Microsoft MTC–00031172 Dear Judge Kollar Kotelly, and I want to express my support Jan–11–02 05:02P P.01 In November of last year it was announced The government and this company have OTL Consulting that a settlement had been reached in been tied up in litigation for years now. January 10, 2002 antitrust case brought by the United States Millions and millions of taxpayer dollars Judge Kolar Kottely against the Microsoft Corporation. I am have already been spent over this long time c/o Renata Hesse, Trial Attorney writing today to ask you to support this period and a good agreement has been Antitrust Division proposed settlement. designed and agreed upon by both parties. U.S. Department of Justice After over two long years of litigation the Aren’t we long overdue to settle this case and 601 D Street NW, Suite 1200 Department of Justice and nine State move on? Washington, DC 20530 Attorney Generals have found a reasonable As a state representative, I truly believe Dear Judge Kottely, way to settle this case. Despite what critics that government should only intervene in the As an independent business owner, I want may say this settlement is equitable because affairs of the marketplace on a very limited to say that settling the Microsoft case is just it only addresses the complaints of the case basis. The government’s treatment of the right thing to do! I understand that that have been upheld by the courts. Microsoft has gone on too long and needs to Microsoft agreed to new computer-maker It is also important to note that this come to an end. This company has made flexibility and new Windows design agreement also created a mechanism by significant gains and should be rewarded, obligations. Microsoft has been a remarkable which Microsoft will be scrutinized to ensure rather than punished, for their innovation American success story; its innovations have it is following the agreement to the letter. and creativity. Too much of the taxpayer time literally changed the way we live. Microsoft Under this settlement, a completely and money has already been spent on this has created opportunities that make our lives independent commission will serve as case. easier and more efficient. Our government watchdog. The facts seem simple enough. Please approve this settlement as quickly should not punish innovation by attacking This settlement represents a workable as possible. companies for being successful! AOL has solution to a tough situation. additionally, it Sincerely spent millions to influence the government’s removes the specter of unnecessary Saghir Tahir action from which they alone stand to government interference out from over the State Representative, Hillsborough 38 benefit. Innovators should be rewarded for technology industry. If the high tech industry their hard work and the risks they take in is allowed to grow and flourish there is no MTC–00031171 creating growth. That growth means new jobs doubt the benefit will flow into all FROM: THE ESTERLINGS for our communities! Let’s send America a American’s pocketbooks eventually. Fax NO.: 541 745 4422 strong message and settle these suits. By Sincerely, Jan. 11 2002 02: 29PM P1 doing so, I believe we are supporting fair play De Byerly Robert E. Esterling and free enterprise. Esterling Vineyards Thank you for your valuable time! MTC–00031169 6826 NE Elliott Circle Sincerely, 1–11–2002 5:53PM Corvallis, OR 97330–9407 Michael T. St.Clair FROM000000000000 001 January 11, 2002 1406 NW Greenwood St. January 5, 2002 Attorney General John Ashcroft Anleny IA 50021 Ms. Renata Hesse US Department of Justice, 950 Pennsylvania 515 975 2155 Trial Attorney Avenue, NW [email protected] Antitrust Division Washington, DC 20530–0001 Department of Justice Dear Mr. Ashcroft: MTC–00031173 601 D Street NW, Suite 1200 For those who follow technology and JAN–12–2002 03:49 AM Washington, DC 20530 business news, the two have been Granite State Enterprise Dear Ms. Hesse: unfortunately linked through the US vs. January 10, 2002 As a mother of three school-aged children, Microsoft suit. The decline of the NASDAQ Renata Hesse I appreciate the opportunity to comment on and the teetering technology market both Trial Attorney the proposed settlement with the Microsoft have the instability of Microsoft in this suit Antitrust Division Corporation. Quite frankly, I think it is past as their source. Department of Justice time to settle this case. With our economy in The longer that the suit continues, the 601 D Street NW, Suite 1200 recession and State government sadly lacking more damage will be done to the economy Washington, DC 20530 in enough revenue to fund budgetary needs, and to the world of technology. Special Dear Attorney Hesse,
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The government has done its job. Years One would be naive to think all of the FAX: 202–616–9937 ago, complaints were brought against business practices of Microsoft are without RE: Settlement of U.S. v. Microsoft Microsoft which turned into one of our blemish. It is just as incomprehensible to Dear Ms.Hesse: country’s biggest, most ominous, and wide- think that a foxed attempt to destroy one of It’s my opinion that the technology of our ranging anti-trust lawsuits. The Justice the most successful companies on this planet economy had a greater impact in the past two Department and state attorneys general saw would be anything less than criminal in and decades than any other sector. The the case through the gauntlet and now Judge of itself. competition and innovation resulted in great Colleen Kollar-Kotelly has worked with both I believe the settlement is a fair and strides in health care, business, government sides to negotiate a settlement proposal. reasonable compromise. Furthermore, and many other important areas. The fiscal outlook for this year is grim. settlement is good for the consumers, for After a slight dip, our economy seems to Unemployment is up. Wages are falling. high-tech industry and for our economy be on the move again. A settlement in this Sales are down across the board. Americans overall, If you have any questions, please do ongoing case would be another step in that have battened down the hatches. One of the not hesitate to contact me. important recovery. The settlement is most significant pieces of housekeeping we Sincerely, appropriate as it addresses those items can take care of is the U.S. versus Microsoft Vincent F. Callahan, Jr. upheld by the courts and provides for fair case. DISTRICT: (703) 356.1925 and equitable remedies. We do not need The continued success of the technology FAX (703) 356–9614 governements lawyers, bureaucrats and industry is one of the best things we’ve got RICHMOND (804) 698–1034 judges watching and micro managing the going here in America. It employs thousands technology industry. We should encourage of people and every day new innovations are MTC–00031175 Microsoft and its competitors to take the fight brought to fruition. The long-term health of AGAPE to the consumers and let them decide. the tech sector is one of the most important In Home Care, Inc. I appreciate your consideration of my components of our economy, with more than Quality Christian Assisted Living views on this matter. one-third of America’s economic growth January 14, 2002 Sincerely, between ‘‘95 and ‘‘00 coming from IT alone. Renata Hesse Instead of trying to knock Microsoft to its Michael J.Michot Louisiana State Senate— Trial Attorney, Antitrust Division knees so that its competitors get a leg up, District 23 Department of Justice why not let everyone flourish in a 601 D Street, NW, MTC–00031177 competitive marketplace? Microsoft has been Suite 1200 JAN–14–2002 16:53 SENATOR FOSTER 573 tried. Now is the time to close this case and Washington, DC 20530 526 1384 P.01/01 move on. I hope the settlement agreement Dear Ms. Hesse: MISSOURI SENATE will be adopted. Thank you. I am writing to urge you to support the JEFFERSON CITY Sincerely, proposed settlement of the antitrust lawsuit BILL FOSTER Timothy P. Buckley against Microsoft. While I believe that many SENATE POST OFFICE Executive Director 287 Canal Street, Suite One of the allegations raised by the lawsuit 1328 County RD 442 Manchester, NH 03101 against Microsoft may have merit, it is time POPULAR BLUFF, MO 63901 603–668–5772 to shift the focus of the Department of Justice STATE CAPITOL, ROOM 328 and our tax dollars to other priorities. JEFFERSON Cl–W. MISSOURI 65101 MTC–00031174 While the proposed settlement is not a TELEPHONE (573) 751–3859 01/11/2002 03:01 8046981803 HOUSE home run for any of the interested parties, it FAX (573) 526–1384 APPROPRIATIONS PAGE does have a little bit of something in it for TDD (573) 751–3969 COMMONWEALTH OF VIRGINIA everybody while maintaining its overall TOLL FREE (877) 291–5584 _ HOUSE OF DELEGATES balance. One way that you can tell that the E-MAIL: bill [email protected] RICHMOND settlement is balanced is the fact that nobody January 15, 2002 VINCEMT F. CALLAHAN JR is very happy with the proposed settlement. 1328 County Rd 442 BANKING Please contact me if you have any POPLAR BLUFF, MO 63901 6220 NELWAY DRIVE questions, or if you would like more ≤Renata Hesse P.O. DRAWER 1173 information. Trial Attorney—Anti-Trust Division MCLEAN, VIRGINIA 22101 Thank you, Department of Justice THIRTY–FOURTH DISTRICT Sandra Oxford 601 D Street Northwest, Suite 1200 COMMITTEE ASSIGNMENTS: Founder, Agape In Home Care, Inc Washington DC, 20530 APPROPRIATIONS (CO–CHAIRMAN) 4800 District Blvd., Suite A, Dear Ms. Hesse: PRIVILEGES AND ELECTIONS Bakersfield, CA 93313 I am writing in support of the recently CORPORATIONS INSURANCE AND RULES (661) 835–0364 reached settlement between Microsoft and January 11, 2002 FAX (661) 835–1561 the United States Department of Justice, The Renata Hesse, Trial Attorney agreement is pro-consumer helping the MTC–00031176 Antitrust Division technology sector of our economy contribute U.S. Department of Justice Jan 14 02 07:00p new and better jobs at this time of economic 601 D Street, NW, Suite 1200 337 234 5535 uncertainty. This settlement brings to an end Washington, DC 20530 SENATE the most disruptive competitor-driven Dear Ms. Hesse: State of Louisiana antitrust campaign in our nation’s history. I am a strong supporter of the settlement P.O. Box 86372 This is something all consumers can the government and Microsoft reached and Lafayette, LA 70598–0872 celebrate. hope you will resist the efforts of the Telephone (337)262–1332 Sincerely, competitors to try to continue their efforts to Fax. (337) 233–4610 Senator Bill Foster destroy this great company. Vice-Chairman-Commerce Microsoft’s crime is that they have been Judiciary A MTC–00031178 successful and apparently a few Attorney Natural Resources 01/14/02 16:45 Generals and competitors want to curtail this Mike Michot FAX 8476472225 DDI INC 01 success. District 23 1721 Mission Hills Road The centerpiece of Virginia’s economy is January 14, 2002 Northbrook, Illinois 60062 the Northern Virginia regions high-tech Renata Hesse January 12, 2002 industry. A sad message is being sent to them Trial Attorney—Antitrust Division Attorney General John Ashcroft that they had better watch out and don’t Department of Justice US Department of Justice become too successful or their own 601 D Street NW, Suite 1200 950 Pennsylvania Avenue, NW enterprise is in peril. Washington, DC 20530 Washington, DC 20530
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Dear Mr. Ashcroft: Microsoft has been extremely innovative and Chamber of Commerce As a supporter of Microsoft, I write you productive in addressing consumer needs, Renata Hersse, Trial Attorney concerning the recent developments in the which have spurred billions in economic Antitrust Division antitrust suit settlement. I am thoroughly growth over the last decade. Given the Department of Justice aggravated to find that, after three years of current downturn in the U.S. economy, we 601 D Street NW, Suite 1200 negotiations, the agreement is still being should be encouraging companies like Washington, DC 20530 delayed. Not only was the negotiation Microsoft to set new goals and achievements. Dear Ms. Hesse, process well thought out, but was extremely For this reason, I hope you will agree to this Microsoft is being amply reprimanded and well monitored. The results are fair and reasonable settlement. reigned in with the settlement reached. It is reasonable and should be used as the Sincerely, our understanding that under the Tunney guideline for moving our technology industry Maurice Lawson Act, the public has sixty days to provide forward. State Representative input for consideration by the parties Not only has Microsoft agreed to rework District 29 involved regarding this settlement. licensing and marketing agreements, but also MTC–00031180 While we appreciate the idea of the it has agreed to design future versions of government looking after the best interests of Windows that will better accommodate non- Jan-14–02 04:58P its citizens, nearly four years, $35 million Microsoft software. In fact, the terms of this Rep. Maurice Lawson 573 522 5025 P.01 dollars and the terms of the settlement are agreement do a great deal to promote non- CAPITOL ADDRESS enough. It is more than time for this issue to Microsoft software. This is certainly proof State Capitol be put to rest. that Microsoft is acting in the interest of the 201 West Capitol Avenue We strongly urge you to support the entire technology industry. Jefferson City, MO 65101–8806 settlement. Please take the actions neccessary Adopting this settlement, in its current Tele: 573–751–9460 to keep the process rolling to get the form can only be beneficial to the consumer, FAX: 573–527–5025 settlement through all the channels and put the IT sector, and the economy as a whole. E-Mail: [email protected] in place. I urge you to help stop any further litigation HOME ADDRESS Sincerely, against this agreement. 3709 Christie Lane Lou Gomez, Executive Director St. Joseph. MO 64504 Sincerely, Kern County Hispanic Chamber of COMMITEES John M. Mack Commerce Chairman: Environment and Energy 1401 19th St., Suite 110 Member: Appropriations—Transportation; MTC–00031179 Bakerfield, CA 93301 Conservation, State Parks and Mining; Fiscal Jan-14–02 04:59P Rep. Maurice Lawson 661–633–5495 573 522 5025 P.01 Review and Government Reform; Tourism, CAPITOL ADDRESS Recreation & Cultural Affairs. MTC–00031182 State Capitol MISSOURI HOUSE OF CHAMBER 201 West Capitol Avenue REPRESENTATIVES October 25, 2001 MAURICE LAWSON Jefferson City. MO 65101–6806 The Honorable Barbara Boxer State Representative Tele: 573–751–9460 United States Senate District 29 FAX: 573–522–5O75 1700 Montgomery Street Suite 240 District Contacts: [email protected] San Francisco, CA 94111 Helen Weigman HOME ADDRESS Dear Senator Boxer: Administrative Assistant 3109 Christie Lane The Greater Bakersfield Chamber of Tele/Fax: 816–640–5337 St. Joseph, M0 64504 Commerce, an organization that represents Craig Carver COMMITTEES 1,500 businesses and over 53,000 employees Legislative Liaison Chairman: Environment and Energy in the Bakersfield area would like to express 816–640–5757 our concerns with the on-going litigation Member: Appropriations-Transportation; 14 January 2002 Conservation State Parks and Mining; Fiscal Ms. Renata Hesse against Microsoft Corporation. Microsoft has Review and Government Reform; Tourism Trial Attorney, Anti-Trust Division revolutionized the way America, and the Recreation & Cultural Affairs Department of Justice world does business. MISSOURI HOUSE OF 601 D Street NW, Suite 1200 In particular view of the current downturn REPRESENTATIVES Washington, DC 20530 in the economy at a national level it seems MAURICE LAWSON Dear Ms. Hesse: reasonable to assume that the Federal State Representative As a member of the Missouri Legislative, Government would be supportive of a District 29 I want to express my support for the company that is contributing so significantly Disrict Contacts: Microsoft settlement. I have continued to in terms of economic stability. Punative Helen Weigman monitor this case from the beginning and measures now being directed towards Adminstrative Assistant have been fairly critical of the case against Microsoft can only deplete their resources Tele/Fax: 816–640–5337 Microsoft. Based upon my personal and ability to produce and compete in the Craig Carver opposition, I believe this agreement is a global market. Legislative Liaison reasonable and fair compromise for both The business community has always 816–640–5757 Microsoft and Department of justice. cooperated with and worked in conjunction 14 January 2002 Microsoft has been extremely innovative and with government to serve the best interests of Ms. Renata Hesse productive in addressing consumer needs, this nation. We ask that you take our Trial Attorney, Anti-Trust Division which have spurred billions in economic concerns into consideration when negotiating Department of Justice growth over the last decade. Given the terms that ultimately could be detrimental to 601 D Street NW, Suite 1200 current downturn in the US. economy, we not only Microsoft, but also the entire Washington, DC 20530 should be encouraging companies like business community at large. Dear Ms. Hesse: Microsoft to set new goals and achievements. Sincerely, As a member of the Missouri Legislature, For this reason, I hope you will agree to this Chris Frank I want to express my support for the reasonable settlement. President/CEO Microsoft settlement. Sincerely, Greater Bakersfield Chamber of Commerce I have continued to monitor this case from Maurice Lawson We are members of the Chamber, but the beginning and have been fairly critica1 of State Representative disagree w/their position. the case against Microsoft. Based upon my District 29 1725 Eye Street personal opposition, I believe this agreement P.O. Box 1947, is a reasonable and fair compromise for both MTC–00031181 Bakersfield, CA 93303 Microsoft and Department of Justice. Kern County Hispanic Tel 661.327.4421
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Fax 661.227.8751 Sincerely, settlement strikes a balance between placing http://www.bakersfield.org/chamber ¥ Julie Hayward sanctions on Microsoft while preserving the send email company and its ability to innovate and MTC–00031185 market its products. The sanctions chosen MTC–00031183 Jan 15 02 10:33a 9416430207 p.1 will protect consumers and give them greater I beleive you should keep prosectuing 181 West Street choice when they purchase and enhance MICROSOFT. Stop Spending Our Tax Naples, FL 34108–2907 their computers yet at the same time foster Dollars! Antitrust law shouldn’t be abused! January 14, 2002 greater competition within the software The pursuit of Microsoft through antitrust Attorney General John Ashcroft industry. I believe it is a just and fair and class action Iawsuits is no way fragile US Department of Justice resolution to all parties concerned. economy. Washington, DC 20530–0001 I write to express my support of the The federal government has spent $35 Dear Attorney General Ashcroft: Department of Justice and the Attorneys million tax dollars with their lawsuit against Why should litigation still be pursued General for their efforts to finally put an end Microsoft. During these turbulent times, we against the Microsoft Corporation despite the to this case and agree to a settlement that is should focus our attention on other priorities. fact that a settlement has been reached? in our nation’s best interest. Keep it up. There is no good reason. Sincerely yours, Join your chamber & others around the Microsoft has been neither too harshly nor Mark L. Earley state. Copy the attached letter on your too lightly punished. Tithe complaints of its 1263/451/1020628 letterhead and send your letter to: competitors have been addressed and dealt MTC–00031187 Renata Hesse, Trial Attorney with. Microsoft, for example, has agreed to Antitrust Divison, Department of Justice reformat future versions of Windows so that LAWRENCE G. TOWNSEND, Attorney at 601 D Street NW, Suite 1200 its competitors will be able to introduce non- Law Washington, DC 20530 Microsoft software into the Windows Intellectual Property and Unfair Competition Fax: 202–616–9937 operating system. In addition, Microsoft has Law Fax my thoughts to her agreed to make available to its competitors 455 MARKET STREET, 19TH FLOOR Please fax a copy to PG Communications/ any protocols used in the Windows operating SAN FRANCISCO, CALIFORNIA 94105 ATL at (916) 737–1809 system and its related products to (415) 882–3288 Phil Gaskill interoperate natively with any Microsoft Fax (415) 882–3299 GASKILL CUSTOM HOMES server. I believe this is a fair settlement. email [email protected] Microsoft does not need to be examined any December 14, 200l MTC–00031184 further in regards to antitrust violations. I Renata B. Hesse FROM: LIBERTY CONSTRUCTION believe that the Department of Justice has Antitrust Division FAX NO. : 3253135 done its duty in the Microsoft antitrust case U.S. Department of Justice Jan. 14 2002 03:55PM P1 and that no additional measures need be 601 D Street NW, Suite 1200 734400 Mamalahoa Hwy. taken on the federal level. Nine states are Washington, DC 20530–0001 Kailua Kona, HI 96740–9191 actively seeking to overturn the agreement Re: Microsoft Settlement: United States v. January 12, 2002 once the review is over. I do not believe such Microsoft Attorney General John Ashcroft a course of action is necessary. Dear Ms. Hesse: US Department of Justice Thank you. Taking up the public’s right to comment on Washington, DC 20530–0001 Sincerely, the Microsoft Settlement (as required by the Dear Mr. Ashcroft: Zorina Wrenn Tunney Act), I write in three capacities: (1) For three years, I have been absolutely an intellectual property attorney, (2) a befuddled as to why the federal government MTC–00031186 consumer of software products, and (3) a is so interested in attacking American free TROUTMAN SANDERS MAYS & novelist. As to the latter, I’ve written a novel enterprise. Microsoft is a company that VALENTINE LLP—ATTORNEYS AT entitled Secrets of the Wholly Grill makes a product that benefits the lives of LAW, (publication February 2002, Carroll & Graf) 1 practically every person in America, and A LIMITED LIABILITY PARTNERSHIP on the subject of a software monopolist’s every person on the Earth. Their great 1111 EAST MAIN STREET behavior and the consequences if that contribution tothe world of computers knows RICHMOND. VIRGINIA 23219 behavior is not adequately checked. Based on no rival, and they have been duly rewarded www.troutmansanders.com my experience, a review of the Proposed for their market and technical genius. TELEPHONE: 804–697–1200 Final Judgment and having given The case against Microsoft never should FACSIMILE: 804–697–1339 considerable thought to the behavior of a have come to trial. It has been an MAILING ADDRESS software monopolist,2 I believe that a License embarrassment to both the American judicial P.O. BOX 1122 Committee, similar in nature to the Technical system and to American business for three RICHMOND. VIRGINIA 23216–1122 Committee, should be created and long years. People everywhere are getting Mark L. Earley implemented, all as is more fully explained wise to the fact that the case against [email protected] below. Microsoft was motivated by greed and Direct Dial: 804–697–1212 In the novel-which in hindsight can stand jealously and envy and sloth more than January 7,2002 in as an amicus brief-a hypothetical company anything remotely substantial. Renata B. Hesse by the name of ThinkSoft monopolizes the Forcing Microsoft to do all the tedious Antitrust Division market for operating systems and software for parts of the proposed settlement i.e. making U.S. Department of Justice artificial intelligence called ‘‘reason ware’’ retaliation against competitors impossible 601 D. Street NW—Suite 1200 that is used by everyone for all manner of will only serve to slow progress in the IT Washington, DC 20530–0001 decision-making. It then leverages its market industry. Microsoft and its competitors must Re: Comments on the Microsoft Proposed power to expand into a new market-outdoor all be on a level playing field as a result of Settlement Agreement this suit. Unfortunately, that won’t be the Dear Ms. Hesse: 1 Subtitled A Novel About Cravings, Barbecue, case. The government is stripping Microsoft Having served as Attorney General of the and Software; additional information, including of rights needed for business survival, Commonwealth of Virginia from January of excerpts, may be found at www.whollygrill.com including competing. 1997 until June of 2001, I watched the (January 2002). 2 The Department of Justice must close this Government’s case with Microsoft unfold and The value of novelists in assisting the legal case before any further damage can be done progress through the court system. I write to system in gauging justice, especially where human behavior is at issue, cannot be underestimated. to Microsoft, and ultimately, the economy. let you know that I believe that the current Examples abound. When our nation and lawmakers American business deserves a speedy end to settlement pending is in the best interest of adopted the Thirteenth Amendment, no amount of these three years of painful litigation. Thank the nation, the best interest of the industry, data or reports from slave trade analysts came close you. and the best interest of consumers. The to the distilled accuracy of Uncle Tom’s Cabin.
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cooking information systems (whose any other provider. Is the Wholly WORD an much punishment, but Microsoft has predecessor market was backyard barbecue integral part of a seamless outdoor cooking demonstrated that on the unlevel playing grills). In so doing, ThinkSoft engages in a information system, or is it part of an illegal field it alone unlawfully created, a wide range of anti-competitive,high-handed tying arrangement? And what about the ‘‘playground supervisor’’ is needed. and sharp practices that harm consumers bundling of the sauce with the system? Such Otherwise, make-nice behavioral controls, financially, physically and emotionally. questions require a great deal of factual promulgated by well-meaning Microsofties, There are many illuminating parallels analysis and are no doubt subject to will once again prove to be bootless. Stated between Microsoft and ThinkSoft. By way of numerous claims and defenses, especially in differently, a remedy that includes no example, the following events in the story a technologically dynamic market (as all punishment is no remedy at all;its remedial should be self-explanatory. In entering the agree exists in the Microsoft case). But what, effect is a fiction that, if written into a novel, new market, ThinkSoft bundles its trade if anything, in the Final Judgment gives would be dismissed as implausibly lenient. secret-protected barbecue sauce with the plaintiffs the teeth to prevent currently Respectfully submitted, hardware, and consumers are forbidden unforeseen but abusive licensing practices of Lawrence G. Townsend under the strict end user license agreement the type intended to be controlled by the cc: Thomas W. Burt; John Warden, Esq.; from using any other sauce. Competitors Judgment? State Attorneys General of New York, don’t stand a chance. When an end user The point is that at least one major California, Connecticut, DC, Florida, Illinois, bastes with another sauce or attempts to use component of Microsoft’s licensing scheme- Iowa,Kansas, Kentucky, Louisiana, Maryland, the proprietary sauce on a competitive grill, its end user license agreement-is entirely Massachusetts, Michigan, Minnesota, New not just a crash occurs; rather, physical omitted from regulation by the Final Mexico,North Carolina, Ohio, South violence, among other harms, is visited upon Judgment. The only licenses affected by the Carolina, Utah, Virginia and Wisconsin the end user. proposed settlement are those with In moving aggressively into new and OEMs,IAPs, ICPs, ISVs and IHVs as those MTC–00031188 unanticipated markets-the latter being a businesses are defined in the Final Judgment. 3803 Drexel Court hallmark of the software industry-ThinkSoft The settling parties would claim that Louisville, KY 40241 proves to be a mindless market-eating unlawful tying has not been determined, and December 9, 2001 machine. Thus, in expanding into the that the issue of whether Microsoft Renata B. Hesse outdoor cooking market, ThinkSoft metes out unlawfully tied Internet Explorer with Antitrust Division punishment to its competitors and abuses Windows was remanded to the trial court for U.S. Department of Justice ever-hungry consumers, all with the design further trial proceedings. Except for the 601 D Street NW, Suite 1200 and effect of capturing, maintaining and limited controls placed on Microsoft’s Washington, DC 20530–0001 exploiting its ill-gotten dominance in that dealings with those listed above, Microsoft Dear Person: market. has virtually unfettered discretion, by and I oppose the proposed Microsoft antitrust The centerpiece of ThinkSoft’s abusive through its end user agreements, to require settlement for the following reasons. conduct is its licensing practices. The Wholly contractual terms such as those found in the (1) Microsoft is guilty of monopolistic Grill End User License Agreement is attached ThinkSoft license-terms that are exclusionary practices, yet the settlement encourages the to the amicus brief as Exhibit A,pages 335 to and that may serve to artificially maintain its extension of that monopoly into schools-one 336. Here follows a telling excerpt: operating system monopoly while allowing it of the few areas where Microsoft still has 1. The Company grants you a non- to unfairly leverage into new markets. non-trivial competition. exclusive worldwide perpetual license, Microsoft has been and will continue to be (2) The settlement is not punitive. The cost unless sooner terminated as provided herein, endlessly inventive in the way it of providing software is negligible to to use and operate the Information System, advantageously and unfairly licenses its Microsoft and,in the end, they will probably but only as delimited by this License products and services. profit by eventually charging the schools Agreement. Hence, in addition to the Technical upgrade fees for their ‘‘free’’software.This is 2. You will only use the Information Committee described in the Final Judgment, a variation on the scheme they used to corner System when connected by the Information I propose a License Committee to be formed the spreadsheet, word processing and System modem to the proprietary outdoor much like the Technical Committee and that browser markets. cooking information and control server would have oversight of any licenses or (3) The settlement does nothing to correct hosted by the Company, namely, the Wholly license terms inconsistent with both the the wrong created by Microsoft’s criminal WAN(Wide Area Network) Optimization of letter and the spirit of the Final Judgment. actions, and does little to keep them from Research and Development (‘‘the Wholly The License Committee would investigate doing the same things in the future. WORD’’). In no event shall the Company be complaints from competitors, industry and Sincerely, responsible for your inability to connect with consumers, consider Microsoft’s permissible Lee Larson the Wholly WORD or any interruption of business objectives, and then proceed in a service you may experience, including loss or manner analogous to the Technical MTC–00031189 spoliation of meats, fish anther perishables. Committee. It would help prevent Microsoft North Pathology Associates, PLLP 3. You agree to use Wholly Grill Outdoor from accomplishing indirectly through its North Mem la, Medical Center Cooking Information System Barbecue Sauce end user agreements (or any other licenses) 3300 Oakdale Avenue North with Smoke Crystals(‘‘the Information that which it is expressly forbidden from Robbinsdale, MN 55422–2900 Sauce’’) and only the Information Sauce in doing with the licensees specified in the 768–520–5525 connection with your operation of the Judgment. The License Committee could Pathologists: Information System and no other sauce or never interfere with any activity Microsoft Virginia Dale, M.D. marinade,whether purchased or homemade. characterizes as innovation. Creative Peter J. Benson, M.D. Use of any sauce other than the Information licensing that effects an end-around the Final Sue Schlafmann. M.D. Sauce, or use of the Information Sauce on Judgment isn’t innovation; it’s legal Laura Schmitz M.D. any system other than the Information weaseling. Brad Brown M.D. System, could result in injury or death for Another reason to form a License Betty Olivares-Pakzad M.D. which the Company cannot be held Committee is to at least have the semblance Eric Kehrberg M.D. responsible. of punishment for the pernicious conduct November 21, 2001 ThinkSoft requires its end users to obtain found to have occurred. Microsoft is a Re: the proposed Microsoft antitrust grill control server services from ThinkSoft’s predator, an impermissible monopolist in the settlement proprietary Wholly WORD; the latter software market, yet the Final Judgment Dear Sirs, (analogous to a Microsoft Middleware proposes no punishment. If Microsoft I am taking the time to write to express my Product as defined in the Judgment albeit a perceives this as punishment, then all the deepest concern regarding the proposed service, not a product) switches on and better; it is far less and avoids the settlement between the Justice Department calibrates the cooking process. The end user complexities of a structural remedy. and Microsoft Corporation. To get right to the is not permitted to obtain those services from Oversight from a License Committee is not point, the settlement which has been
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proposed is a conduct remedy (and a Ms. Renata Hesse MTC–00031193 backward-looking, weak one at that) which is Antitrust Division 1–15–2002 12:12PM FROM 000000000000 P. inappropriate and wholly inadequate for a Department of Justice 1 NO.067 P001/001 company which has only shown contempt Fax: 202–616–9937 POWER GOVERNMENT AFFAIRS —> and disregard for similar conduct restrictions Fax: 202–307–1454 000000000000 in the past.I need not remind you that Dear Ms. Hesse: Christopher B. Rivers Microsoft signed a consent decree in 1995 As a business owner, suffering through a 2100 Stuart Avenue that prohibited them from tying application serious recession, I am writing to let you Richmond, VA 23220 software to their monopoly operating system know that I support the Microsoft settlement. Ms. Renata Hesse software, which they promptly and The business community I operate in has Antitrust Division completely disregarded in their efforts to been suffering due to a weak economy. Too Department of Justice drive a smaller and genuinely innovative many jobs have been lost and scores of 601 D Street NW, Suite 1200 competitor (Netscape)out of business.They business owners have had to close down. A Washington, DC 20530 did so knowingly and unrepentantly, and significant reason among others this is taking Dear Ms. Hesse: despite being found in violation of antitrust place is due to the troubled tech sector. I have read through the list of settlement law by both the district and appellate courts When the technology industry fell on provisions with regard to the Microsoft case, for this, they now astoundingly face no difficult times, it passed on to other sectors and find several of them quite compelling. penalty of any sort for their actions.—— and affected many people. Microsoft, a For Example; With this history, why on earth would company that was in the forefront during the —The agreement to license Windows to the anyone expect Microsoft to abide by the new great economic expansion, also suffered 20 largest computer manufacturers at the conduct restrictions in the proposed because of this decline, and the lawsuit same terms, conditions and price; settlement? What reason has the Department against them did not help at all. The —The agreement that consumers will have of Justice given Microsoft to fear disregarding settlement that has been reported in the news the freedom to choose to change their these new restrictions in the very same way seems to be even and balanced; it builds new Windows configuration at any time and they ignored the previous ones? Indeed, they relations with software developers and will be ableto add non-Microsoft software have already pressed forward,trying even creates a new, uniform price list. if they wish; and more of their own proprietary application I strongly believe that the troubled tech —The agreement that to monitor compliance, software into WindowsXP than ever before, sector as well as our economy will better a three-personTechnical Committee will be while excluding popular formats (such as rebound because of this agreement.Thank established. MP3) and middleware (such as Java). you for taking the time to read my letter. I find these provisions to be good examples The argument that this is somehow the best Sincerely, of why this settlement will be one that works. that the Department of Justice can hope for Julie K. Hilton Sincerely yours given it’s limited resources is either Christopher Rivers MTC–00031192 disingenuous or deeply disturbing. The Court of Appeals did not say that the remedy of JAN-15–2002 12:10 GUILD OF ST. AGNES MTC–00031194 splitting Microsoft into two companies was 508 754 2026 P.01 JAN-15–2002 10:21 M B I WORCESTER 508 inappropriate, only that it needed to be Administrative Offices 799 4039 P.01/01 reexamined by the district court in light of 133 Granite Street * Worcester, MA 01604 MBI (MASSACHUSETTS BIOMEDICAL apparent prejudice by Judge Jackson. Such a (508) 755–2238 fax: (508) 754–2026 INITIATIVES) remedy has been amply demonstrated in www.guildofstagnes.org January 14, 2002 earlier cases(such as Standard Oil and AT+T) GUILD OF ST. AGNES Atty. Reneta Hesse to be remarkably effective in curbing CHILD CARE PROGRAMS Antitrust Division monopolistic practices while allowing Since 1913 Department of Justice competition as well as the divided January 15, 2002 601 D Street NW, Suite 1200 monopolist to flourish. If the Department of Renata Hesse Washington, DC 20530 Justice,representing the very people of the Trial Attorney Re: Microsoft Case United States, truly cannot persevere through Anti-Trust Division Via Fax: 202–616–9937 one more stage of this case for financial or Department of Justice Dear Attorney Hesse: political or any other reasons, then the rule 601 D. Street NW, Suite 1200 I am writing to express my support for the of law itself is at risk. Washington, DC 20530 goal set forth in the proposed settlement of Let me make clear that I have no financial Dear Attorney Hesse, theMicrosoft antitrust case, interest in the outcome of this case; I am not I would like to comment on the proposed As part of that settlement, Microsoft is a disappointed competitor of Microsoft, nor settlement in the Microsoft caseAs the proposing the donation of approximately has this letter been drafted by some PR firm Executive Director of a non-profit childcare 200,000computers to public school students for me to sign. I am simply a citizen who agency, I use Microsoft products daily and throughout the country. Recent research knows and enjoys computers and who they have been of great help to me and my suggeststhat the digital divide that exists appreciates true innovation and fair staff. They have allowed my staff to become along economic lines have an adverse impact competition, both of which I feel will be more self-sufficient. onstudents, schools and educational greatly imperiled in the future under the The fact is that the proposed settlement opportunity. Currently, 82% of schools in conditions of this wholly insufficient will benefit groups like mine who would affluentcommunities are connected to the proposed settlement. qualify to receive Microsoft products if the Internet. That number drops to 60% of the If you would like to contact me for any settlement survives in its present state.In my classroomsin poorer communities. reason, please feel free to do so at the opinion I have not been harmed by any The New York Times recently reported that telephone number or address above. actions taken by Microsoft. In fact,Microsoft’s 88% of households whose income is Sincerely yours, innovations have helped many small $75,000or higher had a computer. This Peter Benson MD agencies such as mine. number drops dramatically for households I hope that we end this lawsuit and with incomebelow $25,000. The need is MTC–00031190 approve the settlement. documented and in my opinion can be JAN 15 2002 12:21PM HILTON, INC. 850– Sincerely Yours, partially remediedwithin this particular case 230–4092 p.1 Edward P. Madaus settlement. Thus, my support of the specific Paradise Found Executive Director goal of thesettlement which will provide RESORTS HOTELS Center Locations: Ayer * Bellingham * students and teachers within these lower 11127 Front Beach Road * Panama City Gardner * Granite Street, Worcester * Grove income areasaccess to both technology and Beach, FL 32407 Street,Worcester * Lincoln Street, Worcester computers. Office (850) 233–4824 * FAX (850) 235–0888 Family Child Care Location: Devens * Our Biomedical industry is fueled by January 14, 2001 Spencer * Whitinsville * Worcester brainpower along with the technology ‘‘know
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how’’to create life science products. This thecurrently depressed economy. The case theirWindows’’ software programs as to particular settlement agreement I believe goes continues to costAmerican taxpayers a lot of permit the insertion of non-Microsoft a longway in helping us continue to money with little result, andit is time to programs;Microsoft has also agreed to accomplish this goal. Thank you for your move on to more important problems. disclose source codes for their Windows’’ careful reviewand hopeful consideration. The settlement really holds Microsoft’s feet operating systemproducts. Microsoft has Sincerely, to the fire.Microsoft, in a first for any even agreed to a technical committee to Kevin O’Sullivan antitrust settlement, willrelease the internal monitor futureactions. Vice President Development interfaces to its Windows operatingsystem. Frankly if I were Bill Gates I would move 25 Winthrop Street. Microsoft will make available to competitors the entire Microsoft operation to Worcester, MA 01604 anyprotocols for native interoperation with BritishColumbia. Perhaps he would then Tel: 508–797–4200 any Windows serveroperating systems. These have a governmental/ legal system that Fax: 508–799–4039 are the keys to the kingdom,Attorney General realizes thebenefit to the national economy of Ashcroft. In order to get this casebehind it, Bill Gates and Microsoft. MTC–00031195 and get on, Microsoft agreed to these Do not punish success. Give your support JAN 15’02 10;45AM CATALINA SPA P.l generousterms. to this agreement. Thank you. KEITH D. & SUZANNE S. DODGE I am in favor of settling your office’s suit Sincerely, 125 RAINBOW DRIVE, #2507 againstMicrosoft. It will let everyone get back Richard L. Berglund LIVINGSTON, TEXAS 77399–1025 to business assoon as possible. January 8, 2002 Sincerely, MTC–00031198 Attorney General John Ashcroft Thomas Barbercheck FROM : KAY LOPATA FAX NO. : Jan. 15 US Department of Justice 1687 Terry Lane 2002 02:22PM P1 950 Pennsylvania Avenue, NW New Alabny, Indiana Attorney General John Ashcroft Washington, DC 20330 (812) 945–2637 U.S. Department of Justice Dear Mr. Ashcroft 950 Pennsylvania Avenue, NW MTC–00031197 Like many people in Texas, I am happy Washington, DC 20530 that a settlement agreement has beenreached MONTGOMERY COLLEGE January 12, 2002 between the Department of Justice and Germantown Campus Dear Mr. Ashcroft Microsoft. The suit has taken atoll on the IT Student Development/Counseling Center As a supporter of Microsoft, I am writing industry and on consumers of technology 20200 Observation Drive you with concern over therecent settlement products. Germantown, MD 20876 between Microsoft and the Department of The settlement agreement is fair to all the 30l-353–7734 Justice. I wassurprised to find out that, after parties in the case and is the result ofyears Phone: 202 307–1454 three years of negotiations. there may be of expensive litigation. Information sharing Fax phone: 301–353–1985 evenmore delays in the process. After such and non-retaliation agreementsshould be REMARKS: Urgent For your review Reply a well thought out, well enough to satisfy even Microsoft’s harshest ASAP Please comment monitorednegotiation process, one would critics. Unfortunately,opponents of Microsoft RICHARD L. BERGLUND think that it is time to move on. Let us getour would like to see the lawsuit continue and 129 Lynnmoor Drive technology industry back to business and even bereopened for further action. Three Silver Spring, MD 2O90l-1516 allow the government to focuson more years of litigation have already disturbed the Telephone 301–681–8153 important issues. ITindustry and the economy too much. [email protected] As our economy suffers, our technology Reopening the suit and continuing January 15, 2002 industry takes a back seat inthis highly litigationwill only serve to harm the IT Attorney General John Ashcroft competitive global market. Awaiting more industry and the economy. US Department of Justice scrutiny of thissettlement, only delays our IT Now is the time to end the suit and move 950 Pennsylvania Avenue, NW sector in getting back to business with theany on. Surely, the Department of Justicehas Washington, DC 20530–0001 concessions that Microsoft has made, all more important issues to deal with and Dear Mr. Ashcroft: parties of the IT sector areready to move Microsoft needs to move on as well. Ihope After considerable time and money, the forward, but there are those who are still that the settlement is finalized as soon as Department of Justice and Microsoft trying to hold upthe process. Let us not step possible. havereached an agreement ending the three- on our own toes. Let us support the Sincerely, year-long antitrust case against Microsoft. settlementthat we have been trying to make Suzanne Dodge Iwant to give my support to this agreement happen for so long. and ask that you do also. I urge you to not hold up this process any MTC–00031196 Personally, I do not think the case against longer. Help us support thisagreement as it From : FULL CIRCLE BUILDING SERVICES Microsoft was warranted. The suit in is, so we can move on and get back to FAX NO. : 812–945–2637 myopinion, was the only way left for business. Jan. 15 2002 02:33PM Pl Microsoft’s competitors to ‘‘clip’’ Microsoft’s Sincerely, Full Circle wings,having failed to compete successfully Kay Lopata Building Services with the Microsoft in the open market. I P.O. Box 233 January 25, 2002 useMicrosoft, but when I walk into a store Wycombe, PA 18980 Attorney General John Ashcroft and make a choice, I do so freely. I can cc: Senator Rick Santorum US Department of Justice chooseother software packages, but choose 950 Pennsylvania Avenue, NW Microsoft because it works. MTC–00031199 Washington, DC 20530–0001 Anyone who is in the computer industry 12023071454 p.01 Dear Mr. Ashcroft: today has to be very quick and very RELCOMInc. I am writing because I would like to see smart.Bill Gates was simply smarter and 2221 Yew Street your officesettle its ongoing antitrust case quicker. Technology today changes so Forest Grove, OR against Microsoft. Thematter has dragged on quickly; aprogram is obsolete by the time it FROM: Mr. Maris Graube too long, and the current gets on the shelf. What will the competitors 97116 USA settlementagreement seems fair to all ofMicrosoft do if some other firm out- TO: Attorney General John Ashcroft involved parties. performs them. Will every successful COMPANY: Department of Justice Rather than bowing down to pressures by company befaced with a lawsuit from their Tel: 503–357–5607 x102 competitorswho are acting like crybabies, the competitors as a way to keep them in line? Fax: 503–357–0491 Justice Departmentshould recognize that the If this is so,I would image the Department of [email protected] settlement promotes healthycompetition and Justice will be kept pretty busy. DATE: 15-Jan-02 will allow Microsoft to focus on itsbusiness The agreement reached did not let FAX: 202–307–1454 again, which is especially important given Microsoft off easy. Microsoft has to configure No. of pages 1
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Attorney General John Ashcroft makers rights to configure Windows as it has agreed to design future versions of US Department of Justice topromote non-Microsoft programs that Windows that will better accommodatenon- 950 Pennsylvania Avenue, NW compete with programsincluded within Microsoft software. In fact, the terms of this Washington, DC 20530 Windows. agreement do a great deal to promotenon- Dear Mr. Ashcroft: Obviously, Microsoft has gone to great Microsoft software. This is certainly proof I am in favor of the Microsoft antitrust case lengths to settle thisissue. It is time that this that Microsoft is acting in the interest ofthe settlement. From my perspective, the sooner issue is finally laid to rest. entire technology industry. thelitigation isconcluded, the better. I work Sincerely, Adopting this settlement, in its current in the technology industry. In my business, Kathleen West form, can only be beneficial to theconsumer, we benefit daily fromproductinnovations MTC–00031201 the IT sector, and the economy as a whole. made by Microsoft and the standards they set I urge you to help stop anyfurther litigation in how we communicate via ourcomputer Jan 15 02 12:llp LANSOURCE INC against this agreement. software. Iwould like to see this matter 9725781061 P. 1 As a software developer, Microsoft resolved so Microsoft is able to continue SOURCE products have certainly helped us to developing superiorproducts as they 704 East Central Parkway, Suite 1218 expandour own offerings and should not be haveconsistently done in the past. It makes Plano, Texas 75074 penalized for being successful for what they little sense to continue to burden the court Tel (972) 612-l690 do.The computer industry would be Fax: (972) 578-l061 system andMicrosoft with thislitigation. It lightyears behind without user friendly January 15, 2002 appears to me that the parties have products such asthe Windows operating Attorney General. John Ashcroft, USDOJ participated in extensive negotiations, and system. 950 Pennsylvania Avenue, NW havearrived at asettlement agreement that is Sincerely Washington, DC 20530–0001 fair. Judith A Mack Dear Mr. Ashcroft, The agreement calls for many concessions President on Microsoft’s part. Microsoft will not After three years of litigation, The Justice retaliate againstthose whopromote or Department has attempted to close thelong, MTC–00031203 distribute Microsoft’s competitors’’ software. drawn-out saga of the antitrust suit against Melody Prichard Microsoft. Microsoft reached asettlement They have also agreed not to enforcetheir 5806 Stonecrest Midland Texas 79707 regarding the suit that is more than fair. To intellectualproperty rights. Additionally, a January 14, 2002 carry on any further litigation willonly slow three person technical committee will Attorney General John Ashcroft the delivery of advanced technology to the monitor Microsoft’scompliance with U.S. Department of Justice market. The reality of thetechnology sector theterms of the agreement. The agreement 950 Pennsylvania Avenue, NW right now is that it needs to be motivated so goes well beyond what is necessary to Washington, DC 20530–0001 we all can get back tobusiness. address thecomplaints made byMicrosoft’s Dear Mr. Ashcroft, It is necessary to settle this suit to gain wanna-be competitors. No further delay in I write today to express my opinion back consumer confidence. Thesettlement regarding the Microsoft antitrust case.As a the settlement process is warranted instructs Microsoft to provide some orjustified. concessions for its competitors. Microsofthas Microsoft supporter, I support the settlement I believe Microsoft has been a force for agreed to the establishment of a three-person reached in November. Years of litigation public good. Where else can you buy ‘‘Technical Committee’’ that willmonitor its served to cripple the technology industry. I millions of lines ofcomputer codefor as little observance of the settlement. Microsoft must believe that a resolution will be beneficial in as they charge? Who else has the ability to also provide information aboutthe rebuilding confidence in the industry. effectively set computer standards?Without development of its products. As a Microsoft supporter, I understand the Microsoft,we would still be in the dark ages It is necessary to realize that this country cost of the terms Microsoft agreed to. when it was not possible to exchange is based on a free market and capitalism,and Microsoft decided to give up many of its computer documents orvarious datawithout by settling this suit we can get back to this. personal information regarding Windows. employing a legion of programmers. The technology industry has alreadybeen Microsoft will now disclose the internal Sincerely, delayed for to long from moving ahead. Stop interfaces of the system to developers. In Maris Graube all action at the federal level and workto addition, Microsoft is creating a new version President finalize this agreement. of Windows that will allow users to delete or 2221 Yew Street Sincerely, add different programs into the Windows Forest Grove, OR 97116 Clifford M. Ward system. Microsoft has given up this President information in an attempt to resolve the MTC–00031200 antitrust suit once and for all. 01/15/02 12:48 FAX 908 771 1985 BOC MTC–00031202 I believe it is time we do just that. Enact MURRAY HILL EDI SVCS 001 DDI INC the settlement at the end of January. 39 Mayflower Drive DDI, Inc. Sincerely, Basking Ridge, New Jersey 07920 6201 W. Howard Street Melody Richard January 12, 2002 Niles, Illinois 60714 MTC–00031204 Attorney General John Ashcroft, US. January 13, 2002 Department of Justice Attorney General John Ashcroft 12024 211th Place SE 950 Pennsylvania Avenue, NW US Department of Justice Snohomish, WA 98296–3944 Washington, DC 20530 950 Pennsylvania Avenue, NW Attorney General John Ashcroft Dear Mr. Ashcroft, Washington, DC 20530 US Department of Justice, The settlement reached between Microsoft Dear Mr. Ashcroft: 950 Pennsylvania Avenue, NW and the DepartmentJustice is welcome, in As a supporter of Microsoft, I write you Washington, DC 20530–0001 that it allows Microsoft to return to business concerning the recent developments inthe Dear Mr. Ashcroft: theway it should be. After three years of antitrust suit settlement I am thoroughly January 10, 2002 litigation, the technologyindustry and the aggravated to find that, after three years As a member of the IT industry, I feel that economy have felt the impact of this ofnegotiations, the agreement is still being it is extremelyimportant that the current litigation. Withthe current recession, it is of delayed. Not only was the negotiation Anti-Trust case against Microsoft be resolved apparent and great importance that thisissue processwell thought out, but was extremely as soon as possible. Though I have not agreed be resolved with great haste. well monitored. The results are fair and with the suit from the beginning, it is my The settlement contains many concessions reasonableand should be used as the opinion that now is the best opportunity to on behalf ofMicrosoft. Microsoft has agreed guideline for moving our technology industry reach this goal. The settlement reached in to disclose to its competitors theinternal forward. November of last year seems satisfactory for interfaces of its operating system. Further, Not only has Microsoft agreed to rework all involved. In today’s economy we must Microsoft hasagreed to grant computer licensing and marketing agreements, butalso allow the tech industry and its leading
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innovator to get back to work. Continuing PO Box 680599 software company. Without Microsoft, we this fiasco with more legal wrangling will Fort Payne, AL 35968 would be without much of the technologies only prove counterproductive. Jan. 14, 2002 we have today, and it is important that we The settlement reached last November Attorney General John Ashcroft finalize this settlement and allow this should satisfy the government as well as US Department of Justice company to move onto new product Microsoft’s main competitors.Microsoft did 950 Pennsylvania Ave. NW development and growth. not get off easy. In fact, they have agreed to Washington, DC 20530 Irene M. Wheeler terms that extend well beyond the original Dear Mr. Ashcroft: cc: Senator Rick Santorum scope of the suit, for the sake of wrapping it I am concerned with the length of time that up as soon as possible.Under these terms, the Microsoft settlement is taking. This has MTC–00031208 Microsoft must relinquish source codes and drug on for too long already, and enough FROM: FAX NO.: Feb. 15 2001 07:31AM P1 interfaces that are internal to Windows’’ money has been wasted in legal fees to pay Lucretia Whitehurst operating system products. Additionally, the settlement. In the interest not only of P.O. Box 308 Microsoft has agreed to design future Microsoft, but of business and technology Bridgeton, NC 28519 versions of Windows to make it easier for both in the U.S. and the global market, it is January 14, 2002 consumers, computer makers, and software time to move on or else be left behind. Attorney General John Ashcroft developers to promote non-Microsoft I would appreciate your working to end United States Department of Justice applications. These and many more any further litigation and end the waste,foot- 950 Pennsylvania Avenue, NW restrictions and obligations will be monitored dragging, and criticism of Microsoft. Thank Washington, DC 20530–0001 for compliance by a Technical committee. It you for your time. Dear Mr. Ashcroft: seems to me that this settlement is more than Sincerely, A three-year-old antitrust case against Bill Mitchell fair, and thus should be implemented Microsoft by the Justice Department has without further delay. MTC–00031207 finally reached a settlement. Sadly, there are those that are still opposed to this settlement Now is the time for this country to move JAN 15 2002 11:54AM SALEM HEIGHTS and are seeking to revive this case. I write to past this issue and concentrate on more CLC 7249351351 important matters. I ask that you concentrate Irene M. Wheeler you to ask that you support the settlement your efforts towards realizing the current 436 Elizabeth Avenue and a quick end to this case. settlement and ignoring any requests for MC Kees Rocks, PA 15136–2156 The Department of Justice has decided to more litigation. (412) 331–8876 settle, and Microsoft has agreed to the Thanks for your time and consideration. January 8, 2002 settlement as well. This should be the end of Sincerely, Attorney General John Ashcroft the story but it is not. Unspecified interests Bonnie Carpenter US Department of Justice, 950 Pennsylvania are seeking to have the settlement withdrawn and Microsoft forced back into court. This is MTC–00031205 Avenue, NW Washington, DC 20530–0001 unfortunate because the settlement would Jan 15 02 11:48a Tk and Judi 316–733–6058 Dear Mr. Ashcroft: end any anticompetitive behavior. In fact, the P. 1 I am writing to express my interest and settlement has very tough sanctions against January 15, 2002 support for the settlement of the Microsoft Microsoft, such as are worked licensing Subject: Microsoft Settlement Antitrust case. First and foremost, I am agreement, and includes full time To whom it may concern: pleased to hear about the recent proposed supervision of Microsoft under the creation Our government needs to protect our settlement that was reached in early of a third-party technical review committee. economy, and not to be derailed by attempts November of last year. The terms of the Your consideration of my views is to benefit certain companies’’ interest. It is settlement were reached after much appreciated. I would like to repeat my unfortunate that the remaining states that discussion and are reasonable to all that are request that you enact this settlement at the rejected the agreement have strong support involved. Microsoft has agreed to a number end of January. from Microsoft’s competitors, in which they of terms that encompass a wide range of Sincerely, reside. Those state representatives have no issues addressed in the case as well as those Lucretia Whitehurst choice but to support their prime resident aspects of Microsoft’s business that were not MTC–00031209 companies, and their counter proposal is found unlawful by the Court. Microsoft has only to benefit those resident companies. agreed to these terms in attempt to end the TOTAL PAGE.01 The focus of this case should be based on case so that the company may move forward Gerald Hodgins whether Microsoft has indeed hurt the with the development of new technologies. 133 North Main Street consumers and our economy. If Microsoft has Included in the settlement are a number of Boonton, New Jersey 07005 not taken a lead in consolidating computer requirements that Microsoft has agreed to in January 15, 2002 operating systems, and offer compatible/ order to resolve the infringements on the Attorney General John Ashcroft integrated software, we would have induced antitrust laws. Microsoft has agreed to permit US Department of Justice significant inefficiencies throughout the computer makers the right to remove 950 Pennsylvania Avenue, NW country, and the world. consumer access to features of Windows such Washington, DC 20530 I highly encourage our government to move as Microsoft Internet Explorer web browser, Dear Mr. Ashcroft: forward and bring this case to a closure that Media Player, and Messenger. These features I was recently surprised to hear that the would benefit our crippled economy. There can be replaced with access to the Microsoft settlement between Microsoft and the are other major elements that we all need to competitive software products. This is Department of Justice might be even further focus on, instead of continuing to deplete our demonstrated in the interim release of delayed. After three years of negotiations, it valuable resources on this case. Windows XP that will make it easy for is hard to believe that there are some groups Microsoft is now fully aware of its consumers to change their configuration at that still want to delay the execution of this boundaries, in terms of ‘‘anti-competitive any time. well thought out agreement. The settlement behaviors,’’ and shall continue to offer more Microsoft has also agreed to terms that is not only fair and reasonable, but is in the useful software tools that ultimately benefit ensure Microsoft’s adherence to the interest of all parties involved. us all. guidelines in the settlement. A technical Let’s help to support this settlement by Sincerely yours, committee will be established, and will stopping any further actions against the Takaaki Hayashi consist of three experts in software agreement. The terms of the agreement focus 839 Bramerton engineering. Any third party who believes on promoting non-Microsoft software and, in Andover, KS 67002 Microsoft is not complying with the fact, take a bold step toward a more unified agreement will be encouraged to file a technology industry.By working as a team, MTC–00031206 complaint. the IT sector can focus on maintaining our MITCHELL OIL CO This settlement was reached as a result of place in the global market. By maintaining Bill Mitchell much loss to Microsoft as an advancing our place in the global market, and
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continuing to focus on innovation, we help their political agendas against the best point.Although I felt this case was to strengthen our economy as a whole. interests of the public. Our economy needs unwarranted from the beginning, I Let us not be the ones to thwart the exact help, and for our government to persist with understand Microsoft’s desire to wrap this process that we initiated. Let’s stop any jealousy battles against our industry’s leaders suit up. That explains the company’s further litigation and allow our IT sector to shows their ineptitude about what will help decision to accept many terms that extend get back to business. our economy. well beyond the products and procedures Sincerely, While I think the settlement is to harsh and that were actually at issue in the suit. That Gerald Hodgins violates many of the rules in a free market includes agreeing to disclose to competitors Jan 15 02 11:14 FR PAINEWEBBER 1 201 economy, I want the settlement to come to various interfaces that are internal to 902 6861 TO 912023071454 P.01/01 fruition, because that is better for our country Windows’’operating system products. than for litigation to carry on. Under terms Indeed, this is a first for an antitrust MTC–00031210 of settlement, Microsoft has agreed to many settlement. FROM : JOHN CORCORAN FAX: 507–553– hard concessions, such as disclosure of As someone who has worked in the high 5226 Jan. 15 2002 11:01AM P1 internal interfaces and protocols, as well as tech world for many years, I honestly believe 56784 108th Street agreeing to not enter into third party that Microsoft and their products has helped Wells, Minnesota 56097 distribution agreements that would guarantee raise the standard of living for people across January 13, 2002 that Microsoft products represent a certain all socioeconomic levels. So there is no doubt Attorney General John Ashcroft cut of the total. in my mind that the settlement is in the US Department of Justice Let’s settle this matter as soon as possible public interest and no further action should 950 Pennsylvania Avenue. NW and make sure that these types of lawsuits do be taken on the federal level. Washington. DC 20530 not occur in the future. Free enterprise can Sincerely, Dear Mr. Ashcroft: for the most part run effectively without Mary Kinsella After three long years of litigation, I am constant intervention from government 33 Commercial Street, B52–2J pleased to be notified that a settlement was officials who are not proponents of a Foxboro, MA 02035 finally reached in the Microsoft Antitrust capitalist society in the first place. Invensys Intellectual Property Department case. Microsoft did not go unpunished as Sincerely, 33 Commercial Street B52–1J Foxboro MA many people may think The details of this Ralph Locke 02035 USA settlement were finalized after three years of Telephone +l 508 549 6853 Facsimile +l scrutiny and dispute and thus have been MTC–00031212 508 549 6295 www.invensys.com considered for an extended amount of time. 04/06/1997 13:22 8032723634 In the best interest of both the government 11 Chapin Circle MTC–00031214 and Microsoft, this settlement should be the Myrtle Beach, SC 29572–4404 UNITED SOLUTIONS end of the antitrust case, as further litigation January 14, 2002 PHONE: 770/506/1100 won’t benefit anyone except for the lawyers. Attorney General John Ashcroft FAX: 770/506/1188 Microsoft’s antitrust settlement requires US Department of Justice DATE: 1/15/02 that computer makers will now be free to Washington, DC 20530–0001 FROM: KEN WADDELL remove certain Windows features and replace Dear Attorney General Ashcroft: E MAIL: [email protected] them with the competitor’s software I would like to see the Microsoft case FAX: 1–202–307–1454 programs. Additionally, Microsoft will finalized as soon as possible. The American 01/15/2002 10:48 7705061188 UNITED provide competitors with necessary public interest will be best served when the SOLUTIONS GRP PAGE 01 interfaces that are internal to Windows’’ judge approves the settlement agreement. January 14, 2002 operating system products. This part of the I support the efforts of the Department of Attorney General John Ashcroft agreement has already been implemented in Justice, Microsoft, and the nine states that US Department of Justice the release of Windows XP. Included within have agreed to settle the case. The terms of 950 Pennsylvania Avenue, NW the software is a mechanism that enables the the settlement agreement are fair, and even Washington, DC 20530–0001 consumer the software makers and computer go beyond what should be required of Dear Attorney General Ashcroft: makers to change the configuration at any Microsoft. The agreement will result in I am writing to you today to express my time they wish to do so. To ensure that greater flexibility for computer manufacturers support of the recent settlement reached Microsoft complies with the terms of this who will be able to add or remove programs between the Department of Justice and settlement, a thee-person Technical from Windows, without fear of retaliation. Microsoft. The settlement comes at a time of committee will be expected to monitor Microsoft will release its intellectual decision for our nation. Given the recent Microsoft’s business practices. In addition to property on non-discriminatory, reasonable recession, the end of this litigation will untie that, Microsoft also had to agree not to terms. Microsoft will also release the internal necessary funds to be allocated to more retaliate against its competitors. interfaces to Windows and server protocols. pressing issues. This settlement is in the best Clearly this settlement covers many Which will help safeguard against the interests of our American economy. concerns of the government the industry as violation of any antitrust laws. The settlement includes many concessions well as the public. To my best knowledge, I Thank you for working toward a resolution on behalf of Microsoft. Microsoft has agreed feel that this settlement offers reasonable of this lawsuit. to the creation of a third party technical solutions to all of the parties involved. Sincerely yours, review committee. This committee will Sincerely, Robert. B. Hurley review Microsoft’s actions to ensure that the John Corcoran cc: Senator Strom Thurmond terms of the settlement are followed. Obviously Microsoft is willing to resolve MTC–00031211 MTC–00031213 this issue, I hope that the JusticeDepartment 01/15/2002 11:38 19414376299 MACKINAC Jan. 15. 2002 11:19AM FOMBORO is of the same position. GROUP PAGE 01 TREASURY No. 8292 P.1 Thank you for your strength and wisdom. RALPHLOCKE January 16, 2002 With sincerest regards, 12765 YACHT CLUB CIRCLE Attorney General John Ashcroft Ken Waddell FORT MYERS, FL 33919 US Department of Justice 200 Andrew Dr. January 14, 2002 950 Pennsylvania Avenue, NW Stockbridge, GA 30281 Attorney General John Ashcroft Washington, DC 20530 01/15/2002 10:48 7705061188 UNITED US Department of Justice Dear Mr. Ashcroft: SOLUTIONS GRP Washington, DC 20530 I want to express my fullest support for the Dear Mr. Ashcroft, settlement reached between Microsoft and MTC–00031215 The lawsuits against Microsoft at the state the Department of Justice in November. This FROM : MULTI COMPUTER PRODUCTS and federal levels have gone on too long and case has gone on for too long and a PHONE NO. : 931 526 9097 Jan. 15 2002 reflect the government’s desire to showcase settlement is the best option at this 09:25AM P1
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Multipro Computers committee. In short. Microsoft is willing to and needed to set up an accounting system Address: http.//www.multipro.com substantially change its operating for payroll and accounts payable,I looked January 11, 2002 philosophy. In return, Microsoft will remain into a software system to handle my needs. Attorney General John Ashcroft one corporate entity. I was quoted $11,000. I couldn’t afford that. U.S. Department of Justice We need Microsoft in one piece, on its feet With Microsoft, I could get a software 950 Pennsylvania Avenue, NW and fighting to reinvigorate our economy and package doing the same thing for $1500. Bill Washington. DC 20530 lead the crucial IT industry. Please support Gates, through Microsoft, has revolutionized Dear Mr. Ashcroft, this agreement.PS: Remember where the computer software industry, making It has been a bit disturbing to me that our Microsoft started, in a garage in The United software programs easier to understand and government can be so quick to file a lawsuit States of America. Does not matter how much more affordable. No other firms did this. For against one of this country’s most innovative Bill gates made; he also made the computer his reward, Bill Gates was hauled into court. and successful companies as it did with this easy to use. Which not only employs a lot of I was, and still am, opposed to the antitrust suit against Microsoft. I would agree that people at Microsoft, but how about every one lawsuit brought against Microsoft. Bill Gates there have been certain things that Microsoft in the industry that sell computers & work on took risks and succeeded. This country is may have done to estrange its competitors, them? Bill Gates should be given. a medal where it is today because there were people but this should never have gone so far as instead of a slap in the face! This crap about who took risks and succeeded. What is court. Microsoft is all about jealousy, as an different today, is that we punish success. I am pleased that this suit was stopped American as a X-Serviceman USN ,and a We allow success, but only so much.If it goes from going any further because of the retired Police Officer I back up Microsoft beyond what government thinks ‘‘proper’’ the recently achieved settlement, but even the Sincerely, company is hauled into court. settlement reflects some rather unfair terms Rudolph Muller Microsoft is very important to this country. to Microsoft. I am specifically referring to It is the engine that drives technological that portion of the settlement that deals with MTC–00031217 innovation. Microsoft provides thousands of the release of some of Microsoft’s source Jan-15–2002 08:35AM WASHBURNE 273 jobs directly, and thousands more with the code. This is something that has resulted 0660 P.01 spin-off of their technological expertise. I from years of development and hundreds of 15 January, 2002 support this settlement, and look forward to millions of dollars in investment capital. Attorney General John Ashcroft the end of this persecution of Microsoft. Source code to a software company is as US Department of Justice Sincerely, sacred to them as the patented formula for a 950 Pennsylvania Avenue, NW Christopher Carlyle medication is to a pharmaceutical company. Washington, DC 20530 MTC–00031219 Nevertheless, as long as both Microsoft and Dear Mr. Ashcroft: the Department of Justice are in agreement I am writing because I fear that further 01/15/02 TUE 09:43 TEL 6104550871 Holox over the terms of this settlement, than this litigious action against Microsoft is a mistake. 001 review process should endorse it. I hope that The technology industry has suffered because MHB it will be so that this can finally reach its the suit has dragged out, and I believe the 305 Addison Place conclusion. Justice Department has been tied up West Chester, PA 19382–7249 Sincerely, unnecessarily for too long. Microsoft and the (610) 399–3027 Marsha Farley Department of Justice have reached a Attorney General John Ashcroft Service Operations Manager satisfactory agreement, and I do not see the US Department of Justice, Multipro Computers need for further litigation. 950 Pennsylvania Avenue, NW 127 N. Oak Ave. The settlement satisfies the requirements of Washington, DC 20530–0001 Cookeville, TN 38501 antitrust laws without being too harsh on January 15, 2002 931.528–7777 Microsoft or taking the complaints of its Via Fax (202–307–1454) 1–800–467–8584 competitors too lightly. Microsoft will Dear Attorney General Ashcroft: www.multipro.com essentially facilitate the efforts of its I would first like to express my opposition technological competitors in gaining a more to the anti-trust lawsuit filed by the MTC–00031216 secure foothold in the market by allowing Department of Justice against Microsoft three Jan-14–02 09:33P P.01 them access to protocols, interfaces, and line years ago. There was no justification for this 3920 Reiniger Road code integral to the Windows operating attack. I am a firm believer that government Hatboro, Pennsylvania 19040 system, and also by reformatting later shouldn’t involve itself with the private January 13, 2002 versions of Windows to support non- business sector unless public safety or the Attorney General John Ashcroft Microsoft software. environment is in jeopardy. In the antitrust US Department of Justice I do not believe that further litigation will case filed against Microsoft, neither of these 950 Pennsylvania Avenue, NW accomplish anything.In fact, it may be issues was in question. So why did our Washington, DC 20530 detrimental to the economy, the consumer, government, at both the state and federal Dear Mr. Ashcroft: and the IT industry. I support the settlement, levels, find it necessary to sue Microsoft? This letter is intended to express my and urge you and your office not to bring Microsoft has agreed to make many concern over the delay in the settlement of further suit against Microsoft. changes in the way that it will conduct the Microsoft case. This federal antitrust Sincerely, business. This fact,coupled with constant action is nearly four years old and the object W. K. Washburne monitoring of Microsoft by a government of near continuous litigation and negotiation. 1580 Harbour Club Drive created committee, should be enough to The present settlement proposal, reached Ponte Vedra Beach, FL 32082 ensure that Microsoft will continue to through mediation, has been accepted by the operate in a fair manner. I feel Microsoft has main parties and all but the most virulent of MTC–00031218 been more than generous in appeasing the Microsoft’s adversaries. I think it’s high time 10176 Baltimore National Pike demands of the Department of Justice. to lay this matter to rest. Suite 207A Microsoft is even still vulnerable to future The present plan calls for Microsoft to Ellicott City, Maryland 21042 lawsuits by its competitors if they feel open up its Windows systems to more ready Office 410–203–9900 * Fax 410–203–9966 Microsoft isn’t fully complying with all the use by non-Microsoft software and computer January 13, 2002 points of the proposed settlement.Our manufacturers. Microsoft will have to license Attorney General John Ashcroft country and our economy need this lawsuit its Windows systems products to the major U.S. Department of Justice settled. This country has been through some computer manufacturers at uniform terms. 950 Pennsylvania Avenue, NW difficult times. The absolutely last action we Microsoft has also agreed to share some of its Washington, DC 20530 need is to see our Federal government technology with competitors. And Microsoft Dear Mr. Ashcroft: continue this pursuit of Microsoft: it is an has agreed to submit its future activities to I am the owner of my own realty and absolute waste of tax dollars. Our nation review by a new government oversight contracting firm. When I was first starting out knows that our economy is ailing.Yet we go
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after and persecute the one company that has And to assure compliance, Microsoft will be In a suit supposedly brought on behalf of been a pivotal force in our country’s monitored by a Technical Committee consumers, we remain puzzled as to how it economic growth. comprised of three experts in software would have helped consumers to make them Please let’s put an end to this, and allow engineering.Moving forward and concluding pay for an Internet browser they could Microsoft to continue its innovation and help this case will give both sides the opportunity otherwise get for free. to revitalize our economy. to shift resources to other needs. Microsoft Consumers place a high value on the Sincerely, can focus on new software development ability to use a standardized, integrated Mark H. Bodenstab while the government can focus on national operating system. In fact, public opinion cc: Senator Rick Santorum (Fax: 202–224– security and fighting the recession. I polls taken throughout the Microsoft antitrust 1229) commend your office’s efforts to this point in trial showed that sizable majorities of the settling this case and hope your support of public viewed Microsoft and its products MTC–00031220 the settlement continues. favorably. Deborah J. Swartz. Sincerely, The Proposed Final Judgment’s emphasis 643 Potts Hill Road Ramiro Villarreal on ‘‘network effects’’ as a ‘‘barrier to entry’’ Lewisberry, PA 17339–9594 1209 Van Buren Street for Microsoft competitors in many senses January 14, 2002 Fostoria, OH 44830 disregards consumers’’ demonstrated Attorney General John Ashcroft preference for standardized software. The US Department of Justice MTC–00031222 government’s suit was premised upon a 950 Pennsylvania Avenue, NW Jan 14 02 10:21p John Berthoud 703–841– fundamental misunderstanding of the way in Washington DC 20530–0001 9528 which consumer markets operate: Microsoft Dear Mr. Ashcroft: National Taxpayers Union & National did not build up its large market share The Microsoft case has been going on for Taxpayers Union Foundation through anti-competitive practices; instead some time now. I sincerely hope that this John Berthoud, President Microsoft became the nation’s largest settlement will be respected and the case can 108 North Alfred Street software company by providing consumers truly be ended. America is a free country. Alexandria, Virginia 22314 with the products they prefer. Successful companies like Microsoft should Phone: 703–683–5700 Several state Attorneys General are not be punished for running a profitable Fax: 703–683–5722 refusing to sign the Proposed Final Judgment business. It seems their competitors have Email: [email protected] on the grounds that it is not strong enough. used their status as underdogs to claim that www.ntu.orgJan 14 02 10:21p John Berthoud However, the agreement appears to provide Microsoft has an unfair advantage. But fair or 703–841–9528 p.2 the plaintiffs with exactly the type of relief not, Microsoft came up with the technology NATIONAL TAXPAYERS UNION they were seeking. and changed our lives and the entire www.ntu.org The settlement gives each of the settling computer industry. The public is FREE to January 14, 2002 states and the Department of Justice the choose Microsoft or a competitor for Ms. Renata B. Hesse power to enforce the decree and to seek a computer technology so I ask, should a Antitrust Division broad range of remedies in the event of a violation. An Independent Technical company being aggressive in marketing and U.S. Department of Justice Committee that reports to the plaintiffs technology PAY for success? 601 D Street NW, Suite 1200 would be afforded full access to Microsoft’s The proposed settlement adequately Washington, DC 20530 facilities, employees, records, and even the addresses the issues that Microsoft was VIA FAX # 202–307–1454 Windows source code. And the settlement having problems with. They’ve pledged to Dear Ms. Hesse: binds Microsoft to provide information to its change their aggressive marketing strategies On behalf of the 335,000 members of the competitors so that their programs will be and share their technology information and National Taxpayers Union, I am writing to Windows-compatible. Based on the strength server protocols with their competitors. This comment on the Proposed Final Judgment in of these remedies and the fast pace at which settlement is quite reasonable and will United States v. Microsoft. the software industry is evolving, we believe restore competition to our American As you may know, it is our position that that the five-year duration of the decree—as computer industry.Please make sure that the this case was brought to protect Microsoft’s opposed to the customary ten-year period— settlement is upheld. Our economy cannot competitors—not competition itself. is appropriate. withstand further damage. Thank you. Furthermore, we remain concerned that The antitrust laws do not exist to preserve Sincerely, many state Attorneys General continue to specific products or specific Deborah Swartz push the suit forward for ideological and competitors.They exist to preserve [email protected] political reasons. competition itself, and we believe that cc: Senator Rick Santorum We are, however, pleased to see that after consumers freely chose Microsoft’s MTC–00031221 four years the parties are prepared to settle products—which provided a standardized, 01/15/2002 07:55 FAX 419 423 6583 DOW a case that has produced many unfortunate integrated operating system that CHEMICAL ZETABON FND 001 results. Taxpayers have been forced to revolutionized personal computer use. The January 14 ,2002 underwrite the litigation to the tune of at results included a huge jump in desktop Attorney General John Ashcroft least $35 million. Microsoft was compelled to computer usage, much-improved efficiency, US Department of Justice shift considerable resources into the legal and robust growth in the software industry 950 Pennsylvania Avenue, NW battle that would normally have been spent throughout the 1990s. Thus, we believe that Washington, DC 20530 on product innovation, and also faces a this case constituted unnecessary, and Dear Mr. Ashcroft: tangle of private antitrust-spawned litigation. harmful, government interference with the I want to use this opportunity to convey And as BTU Foundation research has shown, private sector. Rather than a victory for my support for the settlement reached the government litigation has imposed competition, we believe the Microsoft case between Microsoft and the Department of billions of dollars worth of stock market represents a defeat for taxpayers, consumers, Justice last year. This settlement is definitely losses on millions of American investors. and investors. in the public’s interest and should continued The Proposed Final Judgment contains With the economy in recession, Americans to be backed by the federal government. many references to ‘‘consumers.’’ Indeed, simply cannot keep paying the high price of The settlement is far-reaching and requires theantitrust authorities have insisted from governmental attempts to dictate winners many changes by Microsoft.Microsoft will the beginning that this case was about and losers in the marketplace. We welcome design future versions of Windows to provide consumer welfare.Yet the original purpose of settlement of this regrettable case. a mechanism to make it easy for computer the suit against Microsoft was to enjoin the Sincerely, makers, consumers and software developers company from including Internet Explorer as John Berthoud to promote non-Microsoft software within part of its Windows operating system, which President Windows. Under this provision,consumers the plaintiffs deemed to be a grievous threat will have the freedom to choose to change to Netscape (later purchased for $5 billion by MTC–00031223 their computer’s configuration at any time. Internet giant AOL, a Microsoft competitor). FROM: BENNETT APPRAISAL GROUP Jan.
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14 2002 10:26PM P1 Sincerely, this case finally settled. I feel this settlement RANDY BENNETT Ay-Vin Akiner will serve in the best interest of the public. 5012 Wood Valley Drive Under this agreement, Microsoft must Raleigh MTC–00031225 share more information with other North Carolina 27613 Jan 14 02 09:39p Randall K. Wright companies and make it easier for them to January 14, 2002 5703681091 P.1 install non- Microsoft software. Microsoft has Attorney General John Ashcroft Randall K. Wright agreed to share intellectual capital with U.S. Department of Justice 698 Walnut Street competing corporation. I can assure you that 950 Pennsylvania Avenue, NW Montoursville, PA 17754 some of the Corporation backing this Washington, DC 20530 January l0, 2002 litigation against Microsoft would not agree Dear Mr. Ashcroft, Attorney General John Ashcroft to these terms. Not only will this settlement I believe in free enterprise. Economics has US Department of Justice, make it easier to compete with Microsoft, but taught us that markets work efficiently when 950 Pennsylvania Avenue, NW it also allows Microsoft the ability to once they are open. Therefore, I disagree with Washington, DC 20530–0001 again fully devote its resources and time to government involvement in business. The Dear Mr. Ashcroft: designing innovative software, rather than Justice Department’s persecution of Microsoft I am writing you today to express my litigation. In addition, a lot of corporations is unmerited. opinion that the settlement reached last will have access to intellectual capital that Nonetheless, I am pleased that the issue is November between Microsoft and the Microsoft spent millions of dollars on for finally resolved.Microsoft has agreed to many Department of Justice be implemented free. terms under the settlement in the interests of without further delay. Though, I think that I feel this settlement will be beneficial to getting back to business. Microsoft has agreed the federal government’s actions against all. Thank you for your support. to the formation of a technical review board. Microsoft during the last three years were Sincerely, This board will review Microsoft’s actions unnecessary. I nevertheless think that the Frank A. Wright and determine if there are any violations of best course of action at this point is simply MTC–00031227 the settlement, This board will also ensure to impose this settlement. The IT community FROM: David/Linda Hoyle that the terms of the settlement are carried has been struggling enough and needs no PHONE NO).: 704 922 1561 out. Microsoft has also agreed to changes in further government medalling. Jan. 14, 2002 08:57PM P1 its licensing methods and design of Microsoft has not gotten off easy in this Linda Summey Hoyle Windows, as well as refraining from what settlement. The settlement imposes a broad 604 Queens Dr. might be characterized as hostile action series of restrictions and obligations on P.O. Box 533 toward other companies, so the settlement is Microsoft, which are focused on reducing Dallas, North Carolina 28034 clearly comprehensive. anti-competitive behaviors. I believe it is January 14, 2002 This settlement should be enacted at the adequate to accomplish this task. Attorney General John Ashcroft end of January. lt is in the best interest of our Furthermore, a Technical Committee is slated U S Department of Justice economy. to oversee Microsoft’s compliance to these 950 Pennsylvania Avenue, NW Sincerely, measures. Thus, the federal government has Washington, DC 20530–0001 Randy Bennett accomplished what it intended to do with its Re: Microsoft Settlement case three years ago. There is no need to MTC–00031224 Dear Attorney General Ashcroft: waste time and money with tedious and The purpose of my letter is to voice my JAN-14–2002 09:27 PM 444466333999 201 wasteful litigation on this matter will prove opinion regarding the Microsoft settlement. I 8020408 P. 01 harmful to everyone, including the believe this settlement is fair and this dispute Date: January 14,2002 consumer. should be resolved with no further litigation Attention To: Attorney General John Ashcroft It is time that the government allow against Microsoft. US Department of Justice Microsoft, and the rest of industry get back As a businessperson and former manager of 950 Pennsylvania Avenue, NW to work, try to make a profit and get the stock a small family owned business, I strongly Washington, DC 20530–0001 market back where it belongs. believe in free enterprise. I don’t believe in Fax: l-202–307–1454 / l-202–616–9937 If you really want to prosecute someone, go punishing Microsoft for being innovative and From: Ay-Vin Akiner after Enron and their accountants. successful. I cut my teeth with the user- 140 Rose Ave, Woodcliff Lake, NJ 07677 cc: Congressman Don Sherwood; Senator friendly Apple computers but gave up on Fax: 201–802–0408 E-mail: [email protected] Rick Santorum them years ago because they were not Re: Microsoft Settlement Phone/Fax: (570) 368–1091 compatible with the rest of the computer Dear Attorney General Ashcroft: Cell (570) 772–0662 world. They made their choice and in my Microsoft and the Department of Justice E-Mail [email protected] opinion it worked against them. No one have reached a settlement, which serves the MTC–00031226 should be penalized if they have played by government interest, the American the rules. technology industry, and most importantly, JAN 14. 2002 9:40PM NO.1109 P.1 In my opinion Microsoft has been good to the American public interest. This FROM: Frank A. Wright all of us. Apparently those pushing for agreement, reached after negotiations with a PHONE NUMBER: 703–641–3323 FAX litigation are competing companies that are court appointed moderator, is fair, reasonable NUMBER: 703–645–2209 trying to do the same thing that Microsoft is and judicious. I strongly urge you to continue NOTES/COMMENTS: Microsoft Settlement doing, be successful. They could probably do your support for this matter. One of the key 3170 FAIRVIEW PARK DRIVE just that if they would get on with ‘‘their’’ provisions of this agreement is the MAIL CODE 345 business. requirement that Microsoft submit its books, FALLS CHURCH, VIRGINIA 22042 I understand that Microsoft has agreed to and software products to a technical 6526 Hidden Beach Circle all terms of the settlement and has pledged oversight committee. This committee is made Orlando, Florida 32819 to share more information with other up three government appointed officials and January 7, 2002 companies to create more opportunities for will work to ensure compliance with the Attorney General John Ashcroft them. It is my understanding that Microsoft agreement. US Department of Justice has also agreed to not retaliate against The above-mentioned provisions, and the 950 Pennsylvania Avenue, NW software or hardware developers who rest of the settlement, will encourage Washington, DC 20530 develop or promote software that competes innovation and foster competition. I hope Dear Mr. Ashcroft: I am writing you today or runs on software that competes with you continue to support it and take no to express my opinion in regards to the windows. This settlement will benefit all of further federal action. settlement that was reached on November 6, us. Lets move forward and help to get our Let us show the world once again what the 2001 between Microsoft and the government. economy on the road to recovery. Thank you American technology industry can do! Thank I feel that this issue has drawn on long for your time and consideration of this you. enough, and I was extremely relieved to see settlement.
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Sincerely, Attorney General John Ashcroft Windows Messenger. This is done by Linda Summey Hoyle US Department of Justice, 950 Pennsylvania allowing computer makers to replace access Avenue, NW to those features with access to non-Microsoft MTC–00031228 Washington, DC 20530–0001 software such as programs from AOL or Jan 14 02 07:2lp Linda Buchanan January 11, 2002 RealNetworks. 3368416822 P.1 Dear Mr. Ashcroft: Please do your part in putting Microsoft 665 Merry Hills Drive In addressing the U.S. vs. Microsoft case, back in high production mode as quickly as High Point, NC 27262–8368 I am confident that the recent settlement possible. Microsoft has done a lot for our January 14, 2002 reached in November of last year serves the economy and for the productivity of people Attorney General John Ashcroft interests of the state, the IT industry, and the in our workforce. Let us not do anything that US department of Justice economy. Microsoft has played a large role in will further hinder Microsoft’s innovation. 950 Pennsylvania Avenue, NW the well being of our economy and the Let’s get this thing behind us once and for Washington, DC 20530–0001 resurgence of Microsoft back into the all. Thank you for your time. Dear Mr. Ashcroft: economy can only make things better. The Sincerely, I am writing to express my support in the Department of Justice will be free to focus on Gary Davis recent settlement between the federal more pressing matters, Microsoft will cc: Senator Rick Santorum government and Microsoft. I strongly urge concentrate on product development, and the that no further action be taken on the federal public can be rest assured that their best MTC–00031231 level in pursuance of this case. This interest is being taken into consideration. FROM: FAX NO: 504 7990619 settlement is fair and reasonable to all sides Included in the agreement are restrictions Jan.14 2002 07:52PM P1 involved. Microsoft has made significant that extend to several issues addressed in the 4500 Woodland Avenue concessions in this settlement, including case as well as those that were not found Metairie, Louisiana 70002 changes in the way they license its software. unlawful in the Court of Appeals, These January 13, 2002 To assure the settlement‘s terms are met, restrictions were reached after a great deal of Attorney General John Ashcroft Microsoft also agreed to be reviewed by a effort over the course of three years, and thus US Department of Justice technical oversight committee. It is time for each detail of the settlement is fair and 950 Pennsylvania Avenue, NW the federal government to move forward. The reasonable. Microsoft has granted to Washington, DC 20530 American government’s resources which I computer makers the right to replace features Dear Mr. Ashcroft believe, as a matter of personal political of Windows with non- Microsoft software I am writing to you today to express my philosophy are the American people’s programs. Microsoft has already begun support of the Settlement reached last resources, can be put to better uses than changes in their business practices as November between the Department of Justice continuing this litigation. I hope you will demonstrated by the release of Windows XP: and the Microsoft Corporation Although I agree. Thank you. a new version of Windows that promotes the believe the litigation was unwarranted to Sincerely, competition. begin with, I believe that this settlement is Jerry Buchanan Furthermore, Microsoft will be monitored in the best interests of the technological cc: Representative Howard Coble by a Three-person Technical committee that industry and our economy. Jan 14 02 07:2lp Linda Buchanan will ensure that Microsoft follow the Microsoft deserves it place at the forefront 3368416822 P.2 restrictions and obligations stated in the of the technology industry. Microsoft has 665 Merry Hills Drive settlement. earned this position through its constant High Point, NC 21262–8368 Clearly, this settlement proves to contain production of innovative products. In return, January 14, 2002 reasonable and fair solutions. I hope that my these products have afforded, to economies Attorney General John Ashcroft opinion has helped to finalize the last course around the word, increased productivity in US Department of Justice of action in this case. Thank you. the technological realm. 950 Pennsylvania Avenue, NW Sincerely, Microsoft will give up much under this Washington, DC 20530–0001 Patricia Ann Kazmar settlement. For example, it will use a uniform Dear Mr. Ashcroft, CC: Senator Rick Santorum price list when licensing Windows out to I am writing to express my support in the computer makers. Microsoft is willing to MTC–00031230 recent settlement between the federal accept this and other stipulations, however government and Microsoft. I strongly urge JAN-14–2002 06:01 PM GARY DAVIS 215 harsh they may be, in order to end this that no further action be taken on the federal 412 7183 P. 01 lawsuit. Thus, I am support the settlement, level in pursuance of this case. Gary Davis as it allows Microsoft to concentrate on This setttlement is fair and reasonable to 224 Red Haven Drive business. all sides involved. Microsoft has made North Wales, PA 19454- 1439 Sincerely, significant concessions in this settlement, January 14, 2002 Leslie Perschal including changes in the way they license its Attorney General John Ashcroft MTC–00031233 software. To assure the settlement’s terms are US Department of Justice met, Microsoft also agreed to be reviewed by 950 Pennsylvania Avenue, NW 01/14/2002 17:31 13415940724 PAGE 01 a technical oversight committee. Washington, DC 20530–0001 5219 Hawkesbury Way It is time for the federal government to Dear Attorney General Ashcroft: Naples, Florida 34119 move forward. The American government’s The litigation between Microsoft and the January 12, 2002 resources, which I believe, as a matter of Department of Justice has gone on for far too Attorney General John Ashcroft personal political philosophy are the long. Over the last three years, the only US Department of Justice American people’s resources, can he put to positive we have seen from all of this is 950 Pennsylvania Avenue, NW better uses than continuing this litigation. I Microsoft’s willingness to cooperate with the Washington, DC 20530 hope you will agree. Thank you. demands of the settlement. In my estimation, Dear Mr. Ashcroft: Sincerely, Microsoft’s resilience was tried and proven I can’t understand why the government Jerry Buchanan true during this very taxing time. They are would want to punish Microsoft in the first cc: Representative Howard Coble stronger and more determined as a result. place. Microsoft makes not only a huge Microsoft has also agreed to take measures contribution to our economy, but also to MTC–00031229 that will increase competitors’’ access to many charities as well. I know that this Jan 14 02 06:llp Patricia Ann Kazmar Windows. Such measures include allowing settlement will mean that no further action (610)777–5583 P.1 computer makers to remove the means by will take place at the federal level. Patricia Ann Kazmar which consumers access various features Considering how well the settlement 3070 Welsh Road within the Windows environment. These answers many of the problems that its Mohnton, PA 19540–8850 features include Microsoft Internet Explorer competitors had, I know that many people (610)777–5583 web browser, Windows Media Player and will accept it and choose to move on. With
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elements that increase interoperability Justice. I have followed this story in the New 6800 INDIANA AVENUE between programs and let computers York Times and feel that after three Long SUITE 130 manufacturers choose what they want to put years of court battles, it is time to stop legal RIVERSIDE. CA 92506–4280 in, many consumers and people who depend action against the company. I think that the TEL (909) 782–4lIl on Microsoft products daily will be pleased. settlement is fair and should be finalized as FAX (909) 276–4483 Microsoft’s competitors certainly should soon as possible. I am concerned about the SENATOR [email protected] be; they will now be better able to place their economic recession we are experiencing as a California State Senate own software on Windows-based operating nation. SENATOR RAYMOND N. HAYNES THIRTY- systems. Microsoft has worked hard to end The IT industry has been one of the sectors SIXTH SENATORIAL DISTRICT this case and I hope the Department of Justice of the economy that has been the hardest hit REPUBLICAN WHIP works equally hard to keep it that way. I in the past several months. It is important CHAIR CONSTITUTIONAL AMENDMENTS support the settlement, and look forward to that we allow Microsoft to get back to VICE-CHAIR JUDICIARY HEALTH & seeing this case come to an end. business and lead the IT industry once again. HUMAN SERVICES Sincerely, The terms of the settlement are fair and just PUBLIC EMPLOYMENT & RETIREMENT Linda Yeagley and seem to offer competitors the ability to COMMITTEES promote their own products and services BUDGET AND FISCAL REVIEW MTC–00031234 within Windows operating systems. EDUCATION 01/14/2002 15:57 FAX 410 5614905 001/ I was ecstatic to see that a settlement has JOINT LEGISLATIVE AUDIT COMMITTEE 001 been reached; and I hope it is approved as 3000 NATIONAL CHAIRMAN AMERICAN CIGNAL CORP soon as possible because I emphatically LEGISLATIVE EXCHANGE COUNCIL Joseph V. Maranto believe that it is in the best interest of the January 11, 2002 8 Graveswood Court American public. Renata B. Hesse Baltimore, MD 21234–1451 Sincerely, Antitrust Division January 14, 2002 Ching Hsieh U.S. Department of Justice BY FAX l-202–307–1454 601 D Street NW Suite 1200 Attorney General John Ashcroft MTC–00031237 Washington, DC 20530–0001 United States Department of Justice 01/15/2002 14:44 FAX 4213984 Daniel R Dear Ms. Hesse: 950 Pennsylvania Avenue, NW Benolt 01 I understand that the pending settlement in Washington, DC 20530–0001 DANIEL R BENOIT & ASSOCIATES the case of US v. Microsoft is currently going Dear Attorney General Ashcroft ARCHITECTURE URBAN DESIGN through a Tunney Act review and you are I am writing to ask that you give your January 14, 2002 collecting public comment. Please accept this immediate approval to the agreement reached Renata Hesse letter as an expression of support for the between Microsoft and the Department of Trial Attorney settlement being proposed by the Department Justice. I believe this settlement is fair and Antitrust Division of Justice. equitable for the country and for business Department of Justice As a State Senator from California, I am alike. Microsoft has done as much for the 601 D Street NW, Suite 1200 very concerned about the amount of money computer trade and its users as Goodyear has Washington, DC 20530 Attorney General Bill Lockyer has wasted on done for auto production. Microsoft is the VIA FAX: 202–616–9937 this case. Our state has a budget deficit of wheels and fuel that make computers work. Dear Attorney Hesse: over $6 billion. To even consider spending With all due respect, I believe the antitrust It is my understanding that the Justice millions more on the case against Microsoft suit brought against Microsoft was Department is seeking input, regarding the is unconscionable. How can we continue unnecessary and unfounded. Personally, I proposed settlement in the Microsoft lawsuit. using taxpayer dollars on this issue when we use Microsoft Windows out of choice because Given the state of our economy right now, are trying to find ways to cut spending Microsoft’s soft-ware programs are the best we should do everything possible to spur everywhere else? on the market. It is my understanding that growth, not hinder it. The remedies being proposed in the Microsoft has agreed in tie settlement to As a small businessman, I understand settlement are more than adequate. The assist the computer industry by opening up competition. Competition is healthy for the national economy has been damaged enough. its intellectual property rights to its Windows American economy. I use Microsoft products It is time that we, as leaders, take the steps internal interfaces, and license its property in my business and they have been a great necessary to ensure this country is given an on a nondiscriminatory basis. This is bound help to me. They have allowed me to better opportunity to rebound from recession, to stimulate the economy and do great things serve my clients and to manage my business. Refusing the settle the case against Microsoft for the entire industry. As far as I can tell there has been no and wasting even more money on the issue In conclusion, I am asking you to allow consumer harm as a result of any actions is irresponsible. Microsoft to get back to business without this taken by Microsoft. Microsoft’s innovations Once again, I hope the settlement in the cloud and legal case as a major distraction to have, in fact, helped many small businesses, case against Microsoft is accepted and the its daily business of developing the best such as mine grow. case is brought to a close. software in the world. An additional benefit in the settlement, is Sincerely, Respectfully yours the proposed donation of over 200,000 RAYMOND N. HAYNES Joseph V. Maranto computers to our nation’s public schools. I California State Senator VP Cignal Mortgage Corp whole-heartedly endorse this provision, MTC–00031239 which will help erase the digital divide. MTC–00031235 I urge a swift settlement. Jan 15 02 10:08a 425–427–5665 P.1 Jan 14 02 03:55p Daniel & Jackie Hsieh Sincerely yours, TOWER EQUlPMENT COMPANY 261 8034 p. 1 PH0NE 5 0 8 4 2 1 3 9 0 0 FAX 5 0 8 4 385 Front St. North,Suite 201 138—32 68th Drive 2 1 3 9 8 4 Issaquah, WA. 98027 Apt.1C 287 PARK AVENUE WORCESTER MA Fax: : 425–427–5665 Flushing, NY 11367- 01609 Ph: 425–427–1996 (718)261–8034 Attorney General John Ashcroft January 14, 2002 MTC–00031238 US Department of Justice, 950 Pennsylvania Attorney General John Ashcroft US JAN. 15’02(TUE) 11:06 P. 00l/001 Avenue. NW Department of Justice, 950 Pennsylvania Sacramento Office Washington. DC 20530–0001 Avenue, NW STATE CAPITOL ROOM 2187 January 11, 2002 Washington, DC 20530–0001 SACRAMENTO, CA 95814 Dear Mr. Ashcroft: I am penning this letter to express my TEL (916) 445–9781 I support the Microsoft antitrust settlement support for the settlement that was reached FAX (916) 447–9008 agreement. I applaud the efforts made toward between Microsoft and the Department of DISTRICT OFFICE settling the lawsuit. I am disappointed,
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however, that some of the states have President 01/15/2002 12:58 FAX 8132533280 unreasonably decided to continue the Microsoft 610 S. BOULEVARD, Suite 100—Tampa, litigation. CERTIFIED Partner Florida 33606—813–254–3369 I am a strong supporter of Microsoft. As a 816 Elm Street, #4l7 Ms. Renata B. Hesse small business owner and a participant in the Manchester, NH 03101 U.S. Justice Department stock market. I have directly observed the Phone: (603) 637–2088 January 15, 2002 impact Microsoft has had on our economy. FAX (603) 537–2098 Page 2 Microsoft’s innovation resulted in the Email: [email protected] As both a professional and a mother, I creation of jobs, a healthy stock market, and commend Microsoft for their business the production of superior quality products. MTC–00031241 expertise and their profound compassion. The lawsuit has been detrimental to our 01/15/2002 12:57 FAX 8132533280 Thank you for your time and I look forward economy, and should be concluded as soon 610 S. BOULEVARD to helping out in any way that I can to as possible. 001 conclude this case. It is in the best interest of our economy, as Robert Watkins Company Certified Public Sincerely, well as everyone involved, that this case be Accountants Nancy H. Watkins, C.P.A. January 15, 2002 resolved. The terms of the settlement are fair, MTC–00031242 and even go beyond what was even at issue Ms. Renata B. Hesse in the lawsuit. For example. Microsoft has Antitrust Division 30 Norway Hill made such concessions as agreeing to not U.S. Department of Justice Hancock, NH 03449 retaliate against computer manufacturers 601 D Street, NW, Suite 1200 Phone: 603.525.3820 who produce computers containing software Washington, DC 20530 Fax: 603.525.3819 that competes with the Windows operating Via Fax #202–307–1454 New Hampshire Homeowner/Main Street system. Microsoft has agreed to alter its Dear MS Renata: Alliance business practices to better comply with the As a concerned mother and business Fax antitrust laws. Continuing the litigation in professional, I would like to lend my support To: Renata Hesse From: Laureen Carney light of these changes simply does not make to the Microsoft settlement. We as a country Fax: 202/616–9937 Date: 1/15/01 sense. are in an economic downturn. Because of the Phone: Pages: Thank you for your efforts in ensuring the legal problems and many legal battles fought Re: Microsoft Settlement CC: prompt resolution of this unnecessary by Microsoft in the past several years. Urgent For Review Please Comment Please litigation. Microsoft was taken it on the chin as far as Reply Please Recycle Sincerely, its public image is concerned. I am of the *Comments: Tri-Cities,Wa. (509) 545–9309 . Oregon opinion that if Microsoft is guilty of anything Tuesday,January 15, 2002 1:55PM Philip (503) 241–3765 it has been of helping the citizens of the United States recover from the September A.Gehman 2156437646 p.01 MTC–00031240 11th attacks. 815 Montgomery Avenue Fort Washington, Pennsylvania 19034 DLL Solutions, Inc. 603 537 2099 Microsoft is responsible for The Red Cross January 10, 2002 DLL Family Registration Web site, which has not Attorney General John Ashcroft DLL Solutions, Inc. only helped locate more than 1,100 people US Department of Justice Custom Applications for Process lndustries who were lost because of the September 11th 950 Pennsylvania Avenue, NW 01/15/02 01:54P P.001 attacks but has united hundred of families Washington, DC 20530 Dennis K. Kilgore, President who would have otherwise not known how Dear Mr. Ashcroft: January 14, 2002 to get in touch with their loved ones. This I am writing to express my support for the Attorney General John Ashcroft was the first time in history that people were Department of ‘Justice and Microsoft U.S. Department of Justice able to register online and let friends and settlement. This agreement, I believe, was 950 Pennsylvania Avenue, NW family know they were okay. Microsoft’s reasonable and fair. Microsoft was Washington, DC 20530 New York district even set up a command reprimanded for what was considered unfair As you are aware, the lawsuit between center on the 18th floor of its building to help trade practices and Bill Gates has opened up Microsoft, the federal government and certain authorities create a DNA database to identify his company far more than I, personally, states caused much nervousness throughout victims as well as offering various other areas would have done. However, an agreement the entire technology industry and had the of technical expertise. Microsoft has united was reached, ending a three-year litigation undesired affect of suppressing innovation with the American people and transformed case coating both parties time and money. and investment within the industry. itself into a disaster relief center where they I believe it is time to move on and ask that I am sure this was not the government’s have worked with several non-profit you give your support to the decision. intention and am glad to know that many of organizations to offer their services wherever I know there will probably be those who the parties to the suit agreed to settle the they were needed. wish to exact more of a punishment, matter out of court. Your leadership on As a practicing CPA whose client base lies expressing their thought that Microsoft ‘‘got reaching a settlement is to be commended, as in small business, I can attest to the off easy’’, but there will always be those who I am sure the political aspects of this matter extraordinary impact Microsoft has had on are never satisfied. In truth, the settlement is are burdensome. the economic development of our country. I very hard on Microsoft. The settlement is fair and will allow believe there is a direct correlation between The company will have to share coding Microsoft and everyone else in the the development and promotion of with its competitors, allowing them to place technology field to get back to business— technology based on the innovations of their own software packages on Windows. including its opponents—as unhappy as they Microsoft and the unprecedented economic Additionally, Microsoft will agree not to are about the fact that Microsoft was not boom this country has seen since the retaliate against companies that use or sell broken up by the courts. The settlement founding of this company. Small business is non-Microsoft products. We need to get our requires Microsoft to divulge its internal code the very foundation of our recent prosperous economy moving, not look back to something for the Windows operating system to its era and would never have achieved the that has already been decided. Microsoft has competitors. efficiency it has without Microsoft helped transform our planet into the ‘‘global While Microsoft has good reason to be innovation. Further, only after the ill village’’. Support the agreement reached. unhappy about this, it should make its conceived and baseless attack on Microsoft Thank you. competitors very happy. And since Microsoft by our Justice Department has this economy Sincerely, fully accepts this term among many others, faltered. I believe there is a direct correlation Philip Gehman everyone else should too. between these two events and hold the cc: Senator Rick Santorum Sincerely. Justice Department at least partly accountable DLL Solutions Inc. for the economic times I, my clients and the MTC–00031243 Dennis Kilgore entire country find themselves in today. JAN-15–02 TUE 01:34 PM DAVID GUIDOS
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803 444 4087 necessary intellectual property. The TELEPHONE (919)715–3015 P.01 settlement actually supercedes Microsoft’s FAX (919)754–3225 2824 Key Largo Circle South property rights. Further, compliance with EMAIL: [email protected] Myrtle Beach, South Carolina 29577 these terms will enforced in part by a HOME ADDRESS 464 N. NC HWY 11 January 5, 2002 Technical Committee to be created under the Pink Hill, NC 28572 Attorney General John Ashcroft settlement. T EMAIL [email protected] US Department of Justice his agreement gives Microsoft the freedom Ms. Renata B Hesse 950 Pennsylvania Avenue, NW to focus exclusively on what they do best, Antitrust Division Washington, DC 20530 that is, developing new and advanced U.S. Department of Justice Dear Mr. Ashcroft: technology that consumers like myself have 601 D Street NW I would like to express my opinion that come to expect, whether it is at home or Suite 1200 there should be no further government action work. Washington, DC 20530–0001 against Microsoft. The company has agreed to Sincerely, COMMITTEES a fair and reasonable settlement, and it Nicholas Rosenstein, Ph.D. Chair—Appropriations Subcommittee on should be finalized. President Information Technology Given the current state of the economy, it Vice-Chair—Education Subcommittee on Pre- MTC–00031245 is important that Microsoft is able to use its School. Elementary & Sccondary Education capital for software innovation instead of 01/16/02 04 : 58 : 17 NC GENERAL Agriculture legal expenditures. Your decision to stop ASSEMBLY-> Appropriations legal action against the company is best for 202 353 8856 Renata Hesse Education the consumer, the Information Technology Page 001 Environment & Natural Resources industry and the economy in general. THE GENERAL ASSEMBLY OF Science & Technology The agreement grants new rights to NORTH CAROLINA Via facsimile, (202)307–1454 computer makers to configure Windows to FACSIMILE TRANSMITTAL SHEET Re: better promote non-Microsoft software DATE: 01/15/02 15:27:33 Support for Microsoft Settlement programs within Windows. They will now be TO: Dear MS. Hesse free to remove the means by which Renata Hesse I am writing to express my support for the consumers access various features of Department of Justice settlement that the Department of Justice and Windows. They can replace access to those FROM: Rep. Russell Tucker several states, including North Carolina, have features with access to non-Microsoft RE: reached with Microsoft The settlement software. microsoft settlement represents a reasonable compromise that has My hope is that the federal government NUMBER OF PAGES SENT: 2 obtained bipartisan support I understand that will now let the settlement fall in to place. (includes transmittal sheet) Microsoft is committed to becoming a more In my opinion, the government need not COMMENTS: responsible industry leader and has agreed to taken any more action against Microsoft. FAX: 82023071454 make many significant changes in its Sincerely, FAX: (919)715–7586 business practices. David Guidos IF THERE HAVE BEEN PROBLEMS WITH As co-chairman of the House cc: Senator Strom Thurmond THIS TRANSMISSION, PLEASE CALL Appropriations Subcommittee on (919)733–6834. Information Technology, I will be pleased to MTC–00031244 01/16/02 04:58:30 NC GENERAL see this matter resolved because it will be a Jan 15 02 01:58p Interactive Payer Network ASSEMBLY-> 202 353 8856 Renata boost for the technology sector, a large force 4407200702 P. 1 Hesse in the North Carolina economy. I also believe Interactive Payer Network Page 002 that the settlement will be positive for Interactive Payer Network THE GENERAL ASSEMBLY OF consumers by enhancing competition in all Landerbrook Corporate Center II NORTH CAROLINA aspects of the technology industry 5910 Landerbrook Drive FACSIMILE TRANSMITTAL SHEET I urge the Department of Justice and the Suite DATE: 01/15/02 10:54:18 court to approve this settlement. 110 Cleveland, OH 44124 TO: Sincerely, Phone: 440–720–0700 Renata B. Hesse Russell Tucker 888–292–1009 US Department of Justice Fax: 440–720–0702 FROM: Rep. Russell Tucker MTC–00031246 January 14, 2002 RE: SID RICHARDSON CARBON CO. Attorney General John Ashcroft Microsoft settlement support Corporate Office: U.S. Department of Justice NUMBER OF PAGES SENT: 2 201 Main Street, Suite 3000, Fort Worth, 950 Pennsylvania Avenue, NW (includes transmittal sheet) Texas 76102 Washington, DC 20530 COMMENTS: Telephone: 817/390–8638, Fax: 817/339– Dear Mr. Ashcroft, FAX: 82023071454 7394 I decided to take time out of my schedule FAX: (919)715–7586 FAX today to write to you concerning the IF THERE HAVE BEEN PROBLEMS WITH To: ATTORNEY GENERAL JOHN importance of the recent U.S. vs. Microsoft THIS TRANSMISSION, PLEASE CALL ASHCROFT Company: US DEPT.of settlement. The settlement will benefit (919)733–6834 JUSTICE consumers and the public interest, and 01/16/82 04:58:44 NC GENERAL From: CHUCK O’FARRELL therefore no further action should be taken ASSEMBLY-> 202 353 8856 Renata Date: JANUARY 15, 2002 against Microsoft. Hesse Fax Number: 202–307–1454 Although there are some terms in the Page 003 No.of Pages in Transmission Pages 2 settlement which I feel go too far and would North Carolina General Assembly MESSAGE: not accept, I understand Microsoft’s desire to House of Representatives Jan. 15, 2002 2:30PM ADMIN/R&D wrap this suit up and move forward. The State Legislative Building NO. 205 P. 2/2 settlement itself is strong, requiring, for Raleigh 27601–1096 SID RICHARDSON example, Microsoft to possibly disclose January 15, 2002 CARBON CO. intellectual property rights. This could arise REPRESENTATIVE RUSSELL E TUCKER Charles P. O’Farrell, PHD. if a third party wants to exercise its 10th DISTRICT—Duplin. Jones and Onslow Vice President settlement options. If it is determined that Counties Research & Development doing so would infringe on a Microsoft OFFICE ADDRESS 417–C Legislative Office 201 MAIN STREET. SUITE 1000 intellectual property right, Microsoft will Building FORT WORTH, TEXAS 76102–3131 provide the third party with a license to the RALEIGH. NC 27601–1096 January 14,2002
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CPO-03–02 MTC–00031248 January 15, 2002 Attorney General John Ashcroft 01/15/02 TUE 16:21 FAX 803 734 2925 Attorney General John Ashcroft US Department of Justice LEGISFAX 001 US Department of Justice 950 Pennsylvania Avenue, NW Teddy Norman Trotter 950 Pennsylvania Avenue, NW Washington, DC 20530 First Vice-Chairman Washington, DC 20530–0001 Dear Mr. Ashcroft: Jimmy Charles Bales Dear Attorney General Ashcroft: Today our nation faces many tough issues. Listen D. Barfield I work for a software development We are plagued with terrorist scares. Our J. Gresham Barrett company and use Microsoft products in the economy is in recession. And many James A. Battle, Jr. office and at home. As I have seen, it is no Americans are facing layoffs in their Grady A. Brown mystery that Microsoft has employed some workplace. I fail to see how Microsoft’s Converse A. Chellis III overly aggressive marketing techniques. supposed anti-competitive behavior qualifies Tracy R. Edge However, as part of the settlement, Microsoft as a tough issue that should be addressed. Helen Ann S. Thrower has pledged to tone things down and restore Finally after three years of litigation, the Staff Counsel fair competition to the computer issue has been resolved. Resolution in this Harry E. Cato industry.Microsoft will be sharing more of issue is fair to all involved. Microsoft has Chairman their interface design and systems protocol agreed not to retaliate against computer Labor, Commerce and Industry Committee with their competitors. Microsoft has also manufacturers that market competing House of Representatives made it easier to run non-Microsoft programs software. This frees up relationships between P.0. BOX 11867 TELEPHONE: 734–3015 within windows, allowing computer makers manufacturers and developers.Further, 407 Blatt Building to pre-install non-Microsoft software. A licensing rights will be equal for the twenty Columbia, SC 29211 technical committee will monitor Microsoft largest producers of PCs. This further eases Thomas M. Danizler and field complaints. To the software relationships among manufacturers. Second Vice-Chairman industry, these settlement terms have gone a While, I do not believe there was any Shirley R. Hinson long way to address concerns about Microsoft. justification for the anti-trust suit, the terms James N. Law Personally, I think the settlement is fair. of the agreement are fair. It should be enacted Robert W. Leach, Sr. Our country is a free enterprise system and with haste. Brenda Lee Microsoft has been punished for creating Sincerely, Olin R. Phillips innovative products that have changed our Charles P.O’Farrell William E. Sandifer III Daniel L. Tripp American computer industry forever. Please MTC–00031247 Danny Wilder do not allow this to continue. Microsoft has JAN–15–02 03:41 PM CC/MHLU Dottie N. Nidiffer helped our economy innumerous ways. 9374292929 Administrative Assistant Please uphold this settlement and help P. 01 January 15, 2002 maintain our American edge in the international marketplace. Thank you. 2935 Stone Mill Court Ms. Renata B. Hesse Sincerely, Dayton, Ohio 45434 Antitrust Division Eugene Wathen January 14, 2002 U.S. Department of Justice 601 D Street NW—Suite 1200 Attorney General John Ashcroft MTC–00031250 Washington, DC 20530–0001 US Department of Justice Via Facsimile -to 1–202–307–1454 01/15/2002 16:19 950 Pennsylvania Avenue, NW Dear Ms. Hesse: COVER PAGE Washington, DC 20530 I believe the Attorney General of the TO: Dear Mr. Ashcroft. United States and, under his direction, the FAX: 12023071454 The recent settlement between the U.S. United States Department of Justice, acted FROM: MAHDAVIN Department of Justice and Microsoft is fair correctly in negotiating a tough settlement FAX: 2125460990 and should be finalized. Litigation has gone with Microsoft. TEL: 2125469058 on now for over three years, which is much I am informed that the settlement will COMMENT: URGENT too long, and will start to be detrimental to impose new requirements on Microsoft, and 01/15/2002 16:19 2125460990 MAHDAVI N our economy if it continues. that violations of the settlement would PAGE 01 The terms of the settlement are fair, as subject the company to punishment as 430 E 56th Street # 5C Microsoft has agreed to disclose internal contempt of court. Settlement pursuant to the New York, NY 10022 interfaces and protocols as well as not agreed terms will be good for the economy, January 11, 2002 retaliate against computer makers who ship good for consumers and will encourage Attorney General John Ashcroft software that competes with anything in its market competition in the software and US Department of Justice Windows operating system. The terms related industries. I hope the settlement will 950 Pennsylvania Avenue, NW should appease all opposition as they force be approved and implemented as soon as Washington, DC 20530 Microsoft to give away much of their possible. Dear Attorney General Ashcroft: technological secrets. With kind regards, I am Thank you for settling the Microsoft case. I ask your office to tell the nine states that Sincerely, I greatly appreciate your willingness to get want to continue litigation that it is neither HARRY F. CATO our economy back on the right track. The in the public’s best interest nor good for our Chairman settlement is adequate, and no more action economy. I support the settlement, and HFC:dnn should be taken in this case. anticipate the end of this case. Thank you for Post-it Fax Note 7671 Date 1/15/02 # of Under the settlement agreement. Microsoft your time. Pages has made numerous concessions and I think that Microsoft has developed To Renata Hesse From Rep Harry Cato compromises in its efforts to bring this matter significant contributions to high technologies Cc/Dept. Suite 1200/Antitrust Div Co SC to a close. The highlight of this agreement is during the last twenty years for this country. House of Rep Microsoft’s submission to a government The economical prosperity this country Phone# Phone# 803 734–3015 appointed, three person technical oversight enjoyed for the last decade resulted largely Fax# 202–307–1454 Fax# 803 734–2925 committee which will have oversight over from the Microsoft contributions. the company’s engineering and business The settlement between DOJ and Microsoft MTC–00031249 practices. Furthermore, Microsoft, as a result should be finalized as soon as possible. The JAN-15–02 TUE 15:19 of this settlement, has given up its right to other nine states should also accept the terms 3015304220 intellectual property protection by agreeing of the settlement. P-01 to license any technology, which may be Sincerely, 4720 Edgefield Road called into question by a competitor.Another Chaw Lu Bethesda, MD 20814–4016 major concession by Microsoft is its
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willingness to adopt a uniform pricing and Let’s settle this caseso we can all get on competitive technology environment and licensing agreement with its partner with our lives. ends the three-year lawsuit, allowing computer manufactures and software Stephen Quinn computer and software companies to get back competitors. This concession will force chaos [email protected] to building a stronger economy for our Microsoft to end its favored agreements with nation. companies and disallow it from engaging in MTC–00031253 Sincerely, retaliatory pricing with companies that do JAN 15, 2002 01:50 PM JACK SCHOFIELD Emily Ballance not carry its software. 717 757 9140 P.01 This is a settlement agreement that was 3710 Starview Drive MTC–00031255 completed after three years of litigation,and York, PA 17402 JAN.15.2002 4:29PM CLARK UNIVERSITY several months of intense negotiations with January 15, 2002 NO. 039 P. 1/3 a court appointed moderator. Attorney General John Ashcroft Clark University This should be the final federal action on US Department of Justice Trustee’s Office this matter. I look forward to a swift end of 950 Pennsylvania Ave, NW 950 Main Street this case. Washington, DC 20530–0001 Worcester, MA 01610–1477 Sincerely, Dear Attorney General Ashcroft: Fax: (508) 793–8831 Nahid Mahdavi I, like many, were very sorry to see a case Phone: (508) 793–7614 MTC–00031251 brought against Microsoft. I felt the company To: Attorney Renata Hesse was being punished for being successful. Fax: (202)616–9937 JAN-15–2002 02 : 16 PM MOTOR HOME That sure is not an incentive for being a From: Jack Foley SPECIALIST 817 783 6395 entrepreneur in a capitalistic society. Date: 1/15/02 P. 01 Having said that, I feel the settlement is fair Re: Sharon O’Banion and covers many of the complaints brought Pages: 3 5611 South I-35W against Microsoft in the first place.Microsoft cc: Alvarado, TX 76009–5941 has to disclose a lot of information about the O Urgent January 11, 2002 inner workings of their software and make a O For Review Attorney General John Ashcroft lot of deals that benefit their competitors. O Comment US Department of Justice Many people depend on Microsoft O Reply 950 Pennsylvania Avenue, NW products and services in their day to day O Please Washington, DC 20530 lives. I believe most people will be happy Recycle Dear Mr. Ashcroft, with the settlement and hope that things will JAN.15.2002 4:29PM CLARK UNIVERSITY I am often amazed at how people want to move along quickly. NO. 039 P.2/3 punish a creative and innovative company Sincerely, CLARK UNIVERSITY such as Microsoft. Microsoft has just endured Jack H. Schofield, PE 1887 three long years of litigation and public battle John L. Foley over the antitrust lawsuit. Last November the Former Member of The Executive Assistant to lawsuit was finally settled and a resolution New Hampshire House the President was reached that all parties could agree on. cc: Senator Rick Santorum 950 Meln Street The settlement agreed upon included many MTC–00031254 Warcostor, MA Ol6lO-1477 good provisions that will help to stimulate FROM : FAX NO. : (508)793–7441 Phone growth and competition while still offering Jan. 15 2002 04:43PM P1 506)793–8831 Fax protections for the smaller and newer Emily M. Ballance, M.Ed. [email protected] companies in the market. Unified pricing Counselor and Consultant www.clarku.edu lists are now required for Microsoft to 1100 Navaho Drive, Suite 103, Raleigh, NC January 16, 2002 provide the same terms, conditions, and prices to all companies that enter into 27609 (919) 878–1685 Renata Hesse licensing contracts with Microsoft. Microsoft January 11, 2002 Trial Attorney has also been restricted from entering into Renata Hesse Antitrust Division any kind of contractual agreement with a Trial Attorney Department of Justice computer manufacturer that would impede Antitrust Division 601 D Street NW, Suite 1200 competition from other software companies. Department of Justice Washington, DC 20530 As I said, there are protections for the smaller 601 D Street NW, Suite 1200 VIA FACSIMILE: 202–616–9937 companies, and protections for the Washington, DC 20530 Dear Attorney Hesse: competition in the market. Dear Ms. Hesse I would like to comment with regard to the This is a good settlement. and there is no I don’t often write letters to government impending settlement in the Microsoft need to drag this litigation on further. officials. As a small business owner, I have lawsuit. The time has come to stop the public become concerned about the impact the As a School Committee member from an beating of a good company. Microsoft has litigation against Microsoft might have on my older industrial city, I see the problems of done nothing but provide exceptional access to integrated software products. It the‘‘digital divide’’ in our school system. products and services. They have paid appears that the proposed settlement to the Scores of children attend schools with scant enough with this settlement. The next step lawsuit will allow me continued access to resources, which undermines the educational could only be the breakup of the company. these products while at the same time process. Do not let that happen. Leave the settlement satisfying the concerns of computer I fully support the Agreement’s approach in its current form. Thank you. manufacturers, software designers and other of directing part of the settlement towards Sincerely, consumers. public schools, We have all heard about the Sharon O’Banion Under the agreement, Microsoft will allow digital divide that exists along socio- computer manufacturers to configure the economic lines. This divide has an adverse MTC–00031252 Windows system so that other software effect on public education. Research states Jan 15 2002 11:14 FR MICROSOFT RECEP #3 programs that compete with Microsoft can be that 82% of classrooms in higher income 425 936 7329 TO 912023071454 used. New versions of Windows will make it communities have Internet access while P. 01/01 easier to add or remove access features built only60% of classrooms in poorer Date: 01.15.02 into Windows. The provisions relating to communities are connected. In my work with Subject: Microsoft Settlement contractual restrictions and intellectual the families of low to moderate income in Come on, guys. It is time America gets back property rights provide additional assurances schools in the Clark University to work and the continued legal to Microsoft competitors. neighborhood, I can attest to the tremendous machinations against Microsoft are not The settlement seems to be a fair need for the opportunities that access to helping. compromise for all concerned. It promotes technology will provide.
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The New York Times recently reported on 301 (illegible) Park Drive, Suite 100— computer system came with the software the differences in computer ownership along Nashville, Tennessee 37213–3128 T 615 315 already downloaded and ready to go. I economic lines. In households whose income 5200 F 615 believe that products like Windows allow was $75,000 or more, 88% had 781 4243 NASHVILLE more individuals like me to start their own computers.That number dropped businesses, often working from their homes. MTC–00031257 dramatically for households whose family In places like Richmond and Tidewater income was below$25,000. If this problem is JAN–15–2002 14:57 telecommuting will help ease horrendous not remedied then students from lower BRALEY & WELLINGTON INS. traffic conditions. income families will continue to suffer, They 508 755 4178 P.01 The events of September 11 and after have will have distinct disadvantages in the INSURANCE AGENCY depressed the US economy, particularly the pursuit of higher education and future January 11, 2002 technology sector. We need actions by our employment opportunities. Renata Hesse government that stimulates new business, not CHALLENGING CONVENTION, Trial Attorney the opposite. I am hopeful that the provisions CHANGING OUR WORLD Antitrust Division like the one cited above can bring an end to JAN.15.2002 4: 29PM CLARK UNIVERSITY Department of Justice this costly and time-consuming case. NO. 039 P.3/3 601 D Street NW, Suite 1200 Sincerely yours, Page 2 Washington, DC 20530 Esther H. Vassar VIA FAX: 202–616–9937 January 16, 2002 MTC–00031259 For this reason, I support the aims of the Dear Attorney Hesse Settlement Agreement that has been It is my understanding that the Justice 1–15–2002 2:37PM FROM 000000000000 proposed.This agreement will provide Department is seeking input, regarding the CORP COMMUNICATIONS 93644236 P. 1 students with access to technology. The proposed settlement in the Microsoft lawsuit. No.646 002 agreement calls for Microsoft to provide As a small businessman, I understand Irene Thomaidis Cimino 200,000 computers to eligible schools at competition. Competition is healthy for the 3125 Park Avenue American economy. I use Microsoft products Richmond, VA, 23221 almost no cost. in my business and they have been a great January 8, 2001 I urge the Court to approve the proposed help to me. They have allowed me to better Ms. Reneta Hesse Agreement. serve my clients and to manage my Trial Attorney Sincerely yours, business.As far as I can tell, there has been Antitrust Division John L. Foley no consumer harm as a result of any actions Department of Justice Member, Worcester School Committee taken by Microsoft. Microsoft’s innovations 601 D Street NW, Suite 1200 MTC–00031256 have, in fact, helped many small businesses, Washington, DC. 20530 JAN–15–2002 TUE 02:37 PM DATAHOUSE, such as mine grow. Dear Ms. Hesse: INC. Given the state of our economy right now, I’m a Microsoft shareholder and, quite FAX NO. 2059729290 P.01 we should do everything possible to spur frankly, I want nothing more than for Bill growth, not hinder it. Gates to be able to make as much money as Datahouse An additional benefit in the settlement, is possible for his shareholders. That is his job. January 15, 2002 the proposed donation of over In addition, I don’t believe the judicial Attorney General John Ashcroft 200,000computers to our nation’s public system or the federal government should be US Department of Justice schools. I whole-heartedly endorse this penalizing him or his company for being 950 Pennsylvania Avenue, NW provision, which will help erase the digital smarter than anyone else. Washington, DC 20530 0001 divide in our public schools. Needless to say, I am more than pleased Dear Mr. Ashcroft, I hope that the government will reach a that a settlement is in the works. From what This is to inform you that I support the settlement in this case. I have been able to glean from news reports, settlement between Microsoft and the Sincerely yours, all parties have worked very hard to come up Department of Justice and believe that it will John P. Brissette with this agreement. I know, for example, be advantageous to all concerned. To that other software companies will be able to continue litigation would not be in the best MTC–00031258 access various Windows features. I hope that interest of our country and our economy. 1–15–2002 2:51PM FROM 000000000000 part of the agreement, as well as others wilt This suit may have already contributed to the P.1 end this litigation. Let’s get out of the slowing of the economy, and to continue Esther Vassar 001 courtroom and back to our desks! Sincerely, litigation could cause further harm. Esther H. Vassar Irene Thomaidis Cimino As I understand the terms of the Esther H. Vassar Enterprise agreement, the settlement seems to be good 1548 Winthrope Drive MTC–00031260 for the parties involved and good for the Newport News, Virginia 23602 JAN–15–2002 14:45 country. This suit has been a nuisance to the January 15, 2002 THE MCCAULEY GROUP technology sector from its conception. We Ms. Renata Hesse 508 831 7558 P. 01/01 cannot allow continuing, litigation because it Antitrust Division THE MCCAULEY GROUP has consistently drained millions of dollars Department of Justice 444 Cambridge Street of government money, This suit has gone on 601 D Street NW. Suite 1200 Worcester, MA 01610 for long enough,and it must be put to rest. Washington, DC 20530 508–798–7000 I urge you confirm this settlement and let all Dear Ms. Hesse January 11, 2002 of us get back to work. I am pleased to have the opportunity to Renata Hesse Sincerely, comment on the Microsoft case proposed Trial Attorney Rod Yates settlement. Antitrust Division V.P. of Operations I understand that Microsoft has agreed, as Department of Justice Cc: Representative Spencer Bachus part of the settlement, to document and 601 D Street NW, Suite 1200 One (illegible) Park South, Suite 100 disclose various interfaces that are internal to Washington, DC 20530 South—Birmingham, Alabama 33243 2342 T Windows operating system products. They VIA FAX: 202–616–9937 205 972 9292 will disclose this information to their Dear Attorney Hesse: F 205 972 9290 BIRMINGHAM competitors. If that is what it takes to settle It is my understanding that the Justice www.datahouse.com this lawsuit, then I am in favor of such Department is seeking input regarding the 1965 Lake Park Drive, Suite 210—Atlanta, disclosure and sharing of information. proposed settlement in the Microsoft lawsuit. Georgia 30280 8845 T 773 436 5757 F 770 I use Microsoft software in my business. Given the state of our economy right now, 436 5882 Small businesses like mine are able to start we should do everything possible to spur ATLANTA up quickly with software like Windows. My growth, not hinder it.
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As a small businessman, I understand I have been following the Microsoft Sincerely, competition. Competition is healthy for the antitrust dispute on and off for some time Rich McAdams American economy. I use Microsoft products now. I understand that there is now a period MTC–00031264 in my business and they have been a great of time allotted to examine the fairness of the help to me. They have allowed my to better settlement reached between Microsoft and JAN. 15.2002 4:35PM NO.6427 P. 1/2 serve our clients and to manage our business. the Justice Department. As one of your FOLEY:LARDNER There has been no consumer harm as a constituents, I urge you to please accept the ATTORNEYS AT LAW result of any actions taken by Microsoft. proposed settlement. This settlement will VEREX PLAZA Microsoft’s innovations have, in fact, helped restore fair competition, as Microsoft has 150 EAST GILMAN STREET many small businesses such as mine grow. agreed to tone down their marketing MADISON, WISCONSIN 53703–1491 An additional benefit is the proposed practices. They have agreed to share POST OFFICE BOX 1497 donation of over 200,000 computers to our technology information with their MADISON, WISCONSIN 53701 1497 nation’s public schools. I whole-heartedly competitors. Also, computer distributors will TELEFHONE: 608.257.5035 endorse this provision. now be able to install non-Microsoft products FACSIMILE: 414.319.7002 I urge a swift settlement. on Windows. All of this is more than www.FOLEYLARDNER.COM Sincerely, reasonable. There is no question that the FACSIMILE TRANSMISSION Robert F. McCauley settlement is pursuant to the public interest. Total # of Pages 2 (including this page) TOTAL P. 01 Unfortunately, there are many companies TO: Renata Hesse PHONE#: FAX#: 202–307– and people out there who are trying to take 1454 MTC–00031261 advantage of Microsoft’s success. If those From: Scott Klug JAN–15–2002 12:11 PM Joe Presley companies put as much effort into innovating Date: 1–15–02 520 393 1348 P. 01 products as they do into pursuing Microsoft, Client/Matter No: Clyde J. Presley all of this mess would be a dead issue. User ID No: 4723 South Prairie Hills Drive Microsoft has helped our American economy MESSAGE: Green Valley, Arizona 85614 to get where it is today and has charged the If there are any problems with this January 14, 2002 technology industry forever. transmission or if you have not America’s economy cannot withstand any Attorney General John Ashcroft received all of the pages, please call more problems. This settlement will allow US Department of Justice 608.258.4252. Microsoft to get back in the market and help 950 Pennsylvania Avenue, NW Operator: out our economy. Please respect this Washington, DC 20530 Time Sent: settlement and let Microsoft to continue their Dear Mr. Ashcroft: Return Original business. It means a lot to me, Pennsylvania, I am writing to express my full support of To: and America. Thank you for your time. the recent antitrust case settlement between CONFIDENTIALITY NOTICE: THE Sincerely, Microsoft and the US Department of Justice. INFORMATION IN THIS FACSIMILE Joseph Buczewski This case has dragged on long enough and MESSAGE IS INTENDED ONLY FOR THE cc: Senatoe Rick Santorum will serve no good purpose if the current PERSONAL AND CONFIDENTIAL USE OF settlement is not finalized. MTC–00031263 THE DESIGNATED RECIPENTS NAMED Under the terms of the settlement BELZON, INCORPORATED ABOVE. THIS MESSAGE MAY BE AN Microsoft did not get off easy. Microsoft is 190 LIME QUARRY ROAD, ATTORNEY–CLIENT COMMUNICATION, being forced to disclose internal interfaces SUITE 211, AND AS SUCH IS PRIVILEGED AND and protocols as well as not retaliate against MADISON, AL 35758 CONFIDENTIAL. IF THE READER OF THIS computer makers who promote other WWW.BELZON.COM MESSAGE IS NOT THE INTENDED products within Windows. These are not the January 15, 2002 RECIPIENT OR ANY AGENT RESPONSIBLE only concessions, but most of these Attorney General John Ashcroft FOR DELIVERING IT TO THE INTENDED constitute a breach of free market principles. US Department of Justice RECIPIENT. YOU ARE HEREBY NOTIFIED Even though I do not agree with 950 Pennsylvania Avenue THAT YOU HAVE RECEIVED THIS government’s interference with free Washington, DC 20530 DOCUMENT IN ERROR, AND THAT ANY enterprise, I must agree with ending this Dear Mr. Ashcroft: REVIEW, DISSEMINATIN, DISTRIBUTION settlement. Our IT sector and our economy I am writing this letter to inform you that OR COPYING OF THIS MESSAGE IS will greatly benefit from Microsoft being I believe that the settlement reached between STRICTLY PROHIBITED. IF YOU HAVE allowed to return to business and innovate Microsoft and the Department of Justice RECEIVED THIS COMMUNICATION IN the way they always have in the past. Please regarding the antitrust suit will have positive ERROR, PLEASE NOTIFY US help to suppress the opposition and quell the impact on the economy. The suit has been IMMEDIATELY BY TELEPHONE AND state’s personal vendettas against Microsoft. detrimental to the economy, driving costs of RETURN THE ORIGINAL MESSAGE TO US Microsoft’s competitors, through their software up and driving the stock market BY MAIL. THANK YOU. XXX.XXXXXX.XA respective Attorneys General, are pushing down. To top it all off, taxpayers are footing Cover Page 1 of 1 continued litigation for their own self the bill for all this. If this suit is to continue, FOLEY & LARDNER interest. They are not concerned about the it will continue to have an unfavorable effect JAN.15.2002 4:35PM NO.6427 P.2/2 public getting improved technology at on the economy. Scott Klug reasonable prices. They would prefer the The proposed settlement will be beneficial 5694 Kilkenny Place consumer to buy separate applications rather to both the IT industry and the consumers Fitchburg, WI 53711 than the intergrated software that Microsoft alike. Microsoft has agreed to the Reneta Hesse sells. establishment of a three-person ‘‘Technical Trial Attorney Sincerely, Committee’’ that will monitor its compliance Department of Justice-Antitrust Division to the settlement, and assist in dispute 601 D. Street, NW, #1200 MTC–00031262 resolution. Microsoft has also agreed not to Washington, DC 20530 JAN–15–02 06:40 PM.J>C BUCZEWSKI I retaliate against any computer makers that Dear Attorney Hesse: 610 767 5520 P. 01 may ship non-Microsoft software. I am writing to express my full support of Joseph Buczewski The settlement is fair and reasonable, and the recent settlement between Microsoft and P.0. Box 269 was arrived at after extensive negotiations the Department of Justice. From the outset Neffs, Pennsylvania 18065–0269 with a court-appointed mediator present. It the federal government’s legal attack on January 14, 2002 would be a shame to continue litigation and Microsoft was questionable. Consumers were Attorney General John Ashcroft waste all the time and money spent on never harmed as a result of actions taken by US Department of Justice drawing up the settlement. I urge you to Microsoft. Rather, Microsoft’s innovation has Washington, DC 20530–0001 confirm the settlement and help the nation led to tremendous benefits for consumers, Dear Mr. Ashcroft: get on the road to recovery. such as better products and lower prices.
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Antitrust laws were meant to protect Microsoft’s competitors in Silicon Valley and they do best. They want them to stagnate consumers, not for certain powerful with the help sympethetic interest groups. As rather than take advantage of their companies to protect themselves from the you know, some of those groups were in the investment in research and create more market competition. highest levels of elected office. employment. I urge you to help support this I strongly urge the Department of Justice to Mr. Ashcroft, history already proves when settlement and ask you to help stop any uphold this settlement and put this entire and where the the breaking point in the stock action against it. I thank you for your help. issue behind us. market was. It was March 1999 when Judge Respectfully, Thank you for your attention to this matter Jackson made his decision against Microsoft. William H. Wiggins Sincerely That was the straw that broke the camals P.S. I own no Microsoft stock. I am just Scott Klug back. Our economy went into a downhill interested in encouraging entrepreneurs to 003.336634.1 slide and has never recovered. Then Sept. have incentive to do their thing and have a 11,2001, and now Enron enter the picture. vibrant economy in this country MTC–00031265 How much more can our economy withstand, MTC–00031268 01–15–02 17:33 MITCHELL especially With Sen. Daschel holding our T: 5167651944 economy hostage to achieve his own personal 01/15/02 16:48 FAX 9067793702 P.01 agenda. I believe that you are the Attorney LTI 3985 Wells Road General that is able to understand the LTi Peconic, NY 11958–1738 political and economic impact of this Laydon Technology, Inc. January 14, 2002 situation better than any before you. The 1005 Pinewood Court Attorney General John Ashcroft reason being that you are not so far removed Iron Mountain, MI 49801–4464 US Department of Justice, 950 Pennsylvania from the process that you have had time to January 12, 2002 Avenue, NW forget. Attorney General John Ashcroft Washington, DC 20530–000l The terms of the settlement agreement are US Department of Justice, 950 Pennsylvania Dear Attorney General Ashcroft: quite reasonable, and should be approved Avenue, NW I am writing in support of the settlement without delay. Microsoft has agreed to the Washington, DC 20530–0001 with Microsoft. The required changes in establishment of a technical oversight Dear Mr. Ashcroft: Microsoft’s business practices will restore committee, has agreed to share its internal I am happy that a settlement has been fair competition and prevent future antitrust information with its competitors, and has reached with Microsoft. The terms of the violations. agreed to change its business practices to agreement are fair and reasonable. In The settlement mandates many specific better comply with antitrust laws. Nothing addition, the required changes in Microsoft’s changes on Microsoft’s part. For instance, more should be asked of this corporation. I business practices will restore fair Microsoft has agreed to make available to its whole heartedly support the Microsoft competition and prevent future antitrust competitors any protocols implemented in settlement, and hope to see a rapid violations. Windows’’ operating system products that conclusion to this case. Thank you. The settlement requires a number of are used to interoperate natively with any Sincerely, specific changes. For example, Microsoft has Microsoft server operating system. Plus, Rick W. Bauer agreed not to retaliate against computer Microsoft has agreed not to enter into any Hm. 253–875–4785 makers who ship software that competes agreements obligating any third party to Wk. 253–475–4151 with anything in its Windows operating distribute or promote any Windows [email protected] system. Also, Microsoft has agreed to license technology exclusively or in a fixed its Windows operating system products to MTC–00031267 percentage. Also, Microsoft has agreed not to the 20 largest computer makers on identical retaliate against software or hardware Jan 15 ‘22 16:00 P.01 terms and conditions, including price. In developers who develop or promote software William H. Wiggins addition, Microsoft has agreed to document that competes with Windows or that runs on 604 North Pontiac Ave. and disclose for use by its competitors software that competes with Windows. Dothan, Alabama 6303–3970 various interfaces that are internal to This settlement is in the best interests of Fax: 334–794–4314 Windows’’ operating system products—a first the American public and the American January/15/2002 in an antitrust settlement. These changes economy. The recession has had a Attorney General John Ashcroft along with the others in the settlement will devastating effect on state budgets and the US Department of Justice result in a competitive balance in the Federal budget. It is important that the 950 Pennsylvania Avenue, NW technology sector. This settlement is in the American technology industry be allowed to Washington, DC 20530 best interest of the public and the economy. concentrate on business again as soon as Mr. Ashcroft: The current recession has had a devastating possible. AS a supporter of Microsoft, I write you effect on state budgets and the Federal Thank you for your wise leadership. concerning the recent settlement between the budget, and it is important that the IT With sincere regards, Department of Justice and Microsoft. Three industry be allowed to concentrate on Robert Mitchell years of negotiations should be ample for a business as soon as possible. Thank you. well thought out settlement. The concessions I am directly involved in the development MTC–00031266 that Microsoft has made speak to all parties of software solutions for sale to small and Jan-15–02 01:38P involved and are beneficial to the entire medium size companies. I am a survivor Graham Tash (253) 474–7159 P. 01 information technology sector. having been involved in this business since Rick W. Bauer As our economy weakens, we must pay 1981. One thing that has always been a P.O. Box 1308 careful attention to our technologies. By problem in the industry is incompatibility. Graham, WA 98338 delaying the enforcement of this settlement, When Microsoft began to ‘‘monopolize’’ the Attorney General John Ashcroft we cause our technology industry to lag industry it became so much easier to develop US Department of Justice behind and jeopardize our position in the software for microcomputers since we knew 50 Pennsylvania Ave. NW global market. Let us help support the what was on the users machine and how it Washington, DC 20530 industry by making sure that no more actions reacted. When I began developing for the Dear Mr. Ashcroft, are taken against the settlement, By allowing internet I found, and still find, the same I am a proponent of this settlement. our information technology sector to focus on problems. Needless resources have been expended over innovation we, the consumer, benefit as well Netscape supports certain things that MS the course of this litigation. I strongly urge as the IT sector and the economy as a whole. Internet Explorer doesn’t and vice-versa. the Department of Justice to put an end to Even before the Microsoft suit it has been Since I am a small business trying to survive, unneccesary waste of resources. This lawsuit my perception for some time now that writing similar code in duplicate to support should not have been brought in the first industry can succeed only to a point before both browsers has become almost unbearable. place. The case lacks merit, and was brought the government steps in and discourages Finally, through no fault of Microsoft’s, I had only as a result of pressure exerted by capable companies like Microsoft to do what to choose. I chose to support Microsoft and
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place a note on my web site that linked to Dear Ms. Hesse: The approval of the settlement agreement Microsoft so users could download Internet I am very concerned with the never-ending is the best course of action. Thank you for Explorer. The thing is that Microsoft has a saga of lawsuits against Microsoft Inc. One your attention to these comments. better product in Windows and Internet day we’re having lawsuits against tobacco Sincerely, Explorer and forcing users to go through great and then the gun industry and now the Gilbert Koeder pains to get the better product is not good for Federal Government is seeking to break up a cc: Senator Rick Santorum American business. Although I am happy company that epitomizes the American MTC–00031272 Microsoft has reached an agreement with success story! you, I am VERY DISAPPOINTED, that it has This is why I am encouraged by the 1–15–2002 5:49PM come to this. Forcing competitive products settlement and hope we can continue to see FROM 000000000000 TRANS COMMUNITY on the industry and users just because others more of them. Frankly, I just do not see the BANK SHARES P. 1 have not been able to compete on their own point in such a suit when there is so much Jan-15 2002 3:32PM No. 0746 P.2 is a sin. I am a conservative Republican and competition in the technology industry. This Ms. Renata Hesse am very disappointed in my party for not is an industry where products and service Antitrust Division making this issue ‘‘go away’’ after the change so very quickly that the stock market Department of Justice election. fluctuates depending on what new and 601 D Street NW, Suite 1200 Sincerely in Favor of revived American ingenious product is offered to consumers on Washington, DC 20530 Innovation, any given day! Dear Ms. Hesse: Jim Laydon In addition to the changing times, there is As a supporter of the Microsoft President now way for us to tell who is competing with Corporation, I wish to offer my comments on whom. Companies like AOL Time Warner the settlement that is on the table. I believe MTC–00031269 and Microsoft have so many facets, it is just that the provisions that relate to ‘‘windows JAN 15 ‘02 16:21 not plausible to suggest that just any one design obligations’’ and ‘‘computer-maker ILAPANCOHEN 7459446 PH P. 1/1 company is dominating in all areas. Who is flexibiIty’’ demonstrate Microsoft’s good faith Martin A. Cohen, CLU, inc. to say that next week there will not be a new in wanting to put an end to this litigation. 1732 Arnold Street merger that will offer consumers with a Let me elaborate. Philadelphia, PA 19152 choice that is twice the size of Microsoft? Microsoft has agreed to design future (275) 745–6094 (phone) (215) 745–9446 (fax) Please continue with the settlements. I versions of Windows, beginning with an January 13, 2002 know that you understand the importance of interim release of Windows XP, to make it Attorney General John Ashcroft a free market and competition. As a business easy to add or remove access to features built US Department of Justice owner myself, I ask that you please continue in to Windows or to non-Microsoft software. 950 Pennsylvania Avenue, NW to speak out against this frivolous litigation Consumers can change their configuration at Washington, DC 20530 and encourage the settlements to continue to any time. Dear Mr. Ashcroft: take place. Microsoft has also agreed to grant The recent settlement between Microsoft I appreciate the time you have taken to computer makers broad new rights to and the US Department of Justice is long read my concerns on this issue. configure Windows so as to promote non- overdue. Although I think the settlement is Sincerely, Microsoft software programs that compete too harsh and violates even more laws than Walter N. Meloon with programs included within Windows. the initial lawsuit against Microsoft President/CEO For the good of the economy and the high considered, it is in the best interests of the WNM/arp P. 1 tech industry, I look forward to hearing that public. Correct Craft o Est. 1925 this case has been settled. First off, Microsoft should not be forced to 6100 South Orange Avenue—Orlando, Yours truly, disclose internal interfaces. They have put a Florida 32809—407.855.4141—Fax 9025 Forest Hill Avenue P.O. Box 36197 lot of time and money into creating their own 407.851.7844— Richmond, VA 23235 Phone: 804–3119– technology that is far superior to competitors. www.nautiques.com 6000 FAX: 804–320–6024 What company in the world would agree to www.transcommunitybankshares.com MTC–00031271 offer up their technological secrets? If they TOLL Free. 1–800–606–0946 did, they lose all ability to compete in a free Tuesday, January 15, 2002 4:08 PM MTC–00031273 market. The second concession I think is Gil Koedel 4129670244 ludicrous deals with contractual restrictions. P.01 1–15 2002 5:33PM FROM 000000000000 If Microsoft cannot enter into agreements 441 Forest Highlands Drive P.01 with vendors to exclusively distribute their Pittsburgh, Pennsylvania 15238 1/15/2002 9:10PM FROM: 804–359–6425 products, then they are limited in their January 15, 2002 TO: (804) 364–4236 PAGE 001 OF 001 ability to gain market share. I see Airlines, Attorney General John Ashcroft Electronic Cottage Industries — Sodas, and Liquor Distributors all entering US Department of Justice Human & Computer Systems Integration into these agreements. Why will such 950 Pennsylvania Avenue, NW Muriel Johnson Murray agreements be precluded from the tech Washington, DC 20530 January 15, 2002 sector? Dear Mr. Ashcroft: Ms. Renata Hesse At any rate, it is time for this issue to be I am in favor the Department of Justice’s ≤Antitrust Division settled and for our economy to go back to wise decision to settle the Microsoft antitrust Department of Justice normal. This will only occur when the nine case. 601 D Street NW, Suite 1200 states in opposition drop their suits and The settlement agreement is fair, and it Washington, DC 20530 Microsoft can start to focus on business. achieves the goals of those who believe Dear Ms. Hesse: Sincerely, Microsoft has engaged in anticompetitive I have followed the developments in the Glenda Cohen behavior. Dragging the case through the Microsoft case with interest. Events are cc: Senator Rick Santorum courts will serve no good purpose. Especially leading to what appears to be a good chance since there is really no better remedy than for a settlement in this case. That is the MTC–00031270 what the settlement agreement provides. reason for my letter. Jan 15 02 04:15p W N Meloon Microsoft has agreed to disclose its internal I understand that the settlement imposes a 407 851 6591 Windows operating information to its number of restrictions and obligations on January 15, 2002 competitors. They have also agreed to make Microsoft, which extend to products and Renata Hesse it easier for computer manufacturers to technologies that were not at issue in the Antitrust Division remove features of Windows and to replace lawsuit. In addition, these restrictions also Department of Justice them with other software programs. By doing encompass aspects of Microsoft’s business Fax: (202) 616–9937 these things, they are essentially leveling the and product development that were not Fax (202) 307–1454 playing field in the technology world. found to be illegal by the Court of Appeals.
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In order to bring this case to a conclusion, MTC–00031275 VIA FAX: 202–616–9937 Microsoft has agreed to these broad terms I Tuesday, January 15, 2002 1:24 PM p.01 To Whom It May Concern: am certain they look forward to moving on Inspection Technology 19096263540 It is my understanding that the Justice and developing new products. I also Kermit Skeie Department is seeking input, regarding the understand that any violations of the 1245 W.Cienega Ave. # 85 proposed settlement in the Microsoft lawsuit. settlement are punishable as contempt of San Dimas, CA. 91773 As a small business owner, I understand court and that Microsoft’s compliance with Phone: 909 592 6676 competition and know that it is healthy for the settlement will be monitored by a three- Fax: 909 592 6647 our economy. I use Microsoft products daily person Technical Committee established [email protected] in my business and they have been a great under the settlement, by the Department of 1/15/02 help to me. They have allowed me to better Justice and by those state plaintiffs that are serve my customers clients, to manage our Attn: Renata B. Hesse party to the settlement. business and to actually expand. To Whom It May Concern: The terms of this settlement sound like There has been no consumer harm as a Re: MICROSOFT they are more than adequate to bring this result of any actions taken by Microsoft. In my career of more than 50 years, I case to conclusion. For the good of the Microsoft’s innovations have, in fact, have encountered a similar situation shortly after economy and to prevent a further waste of helped many small businesses like mine WWII when a firm had enjoyed a robust taxpayers’’ money, I truly hope that to be the grow. I hope that we can end this lawsuit and business throughout this period, because of case. that the Court approves the settlement. patents granted. Two firms having? Very truly yours, Sincerely yours, essentially ‘back-engineered’’ products. Muriel Johnson Murray Paul F. Cantiani complained to the US government alleging MJM/moo P. 1 Celebating Over 30 Years of Business Total unfair practices and restraint of trade. 2325 Hanover Avenue, Richmond VA P.01 23220.3403 o phone 804–358–4809 9 fax The impact on the company for which I 804–359–6425 o mobile 804–928–4809 then worked, had top management tied up MTC–00031278 e-mail [email protected] o web tied ten years fighting, and at least FROM: Nittany Mountain Exc. Inc. site http://www.electcottage.com management decisions were colored by the PHONE NO : 8143641296 Jan. 16 2002 lawsuit Legal fees became a significant 09:49AM P1 MTC–00031274 budget item, using moneys that should have 145 huey Lane Spring Mills, PA 16875–9130 FROM: MUP CONST. EQ. CO. been directed at new products. After 10 years January 10,2002 PHONE NO.: 3038418373 the case was dismissed for lack of sufficient Attorney General John Ashcroft Jan. 15 2002 10:12AM P1 evidence! US Department of Justice, 950 Pennsylvania MOUNTAIN, VALLEY, PLAINS My sympathies have since been entirely Avenue, NW CONSTRUCTION EQUlPMENT COMPANY with defendants. Of course, these situations Washington, DC 20530–0001 713 AMANDA PINES DRIVE were not parallel in magnitude, but in Dear Mr. Ashcroft: PARKER CO 80138 principle. Why should innovators, and I write you today to express my opinion CONSTRUCTION EOUIPMENT CO. entrepreneurs be penalized for their that the settlement reached last November be January 15, 2002 monetary success? implemented without further delay. It is my Attorney General John Ashcroft Bill Gates, and party should be honored for sincere opinion that this issue should be US Department of Justice starting a new direction in the nation’s resolved with all expediency and efficiency. 950 Pennsylvania Avenue, NW business. I purchased a PCI upon my Thus, no more federal action against Washington, DC 20530 retirement after selling the company I had Microsoft should be instigated. Dear Mr. Ashcroft: headed to the British. I gave up on it without This settlement has imposed many broad When I purchased my first computer in an operating system suitable to a non- restrictions and obligations on Microsoft 1997 I was able learn programs quickly professional. The a rebuilt Packard Bell 486, forcing it to drastically change its products because of the easy format, which Microsoft with some education, and with a local ISP and business practices. By no means has had made. Although microcomputers have was on my way, thanks to Bill Gates and Microsoft gotten off easy in this deal. The been around since the 1970’s it has not been party. I am on my 4th upgrade which plays settlement will reduce anti-competitive until recently that millions of people have well since I cannot play golf anymore, and behavior within the IT industry. It is been able to use computers, in part because have over 150 e-mail addresses. imperative for the sake of the economy that of the innovations of Microsoft to make His efforts should be lauded, not censured! Microsoft and its competitors get back to computers easier to use. This country would I have a small business operated on my HP producing innovative products. Any further be many years behind with out Microsoft Pavilion. I bought my secretary a word litigation pertaining to this issue would be leading the pack. The other companies just processor in 1978 at $14,4000. I saw one unnecessary and indeed harmful. want your power so they can become the today for $199. Thanks to Steve Job and Bill I ask that you continue your hard work in leaders. This is all wrong. Gates for starting this revolution. working towards the resolution in this I was saddened when I heard a while back It’s too late for me, having retired as matter. I only hope that it comes quickly. that Microsoft had been brought to cow-t in President of 2 companies, but in total Moving past this issue is vital since more an antitrust suit, especially after all that they sympathy with innovators, having headed a important matters are currently facing this have done to improve computers. But now I company manufacturing diagnostic country. understand a settlement has been reached in ultrasound instrumentation in 1964, about 5 Sincerely, this case. I think it should be a high priority years before anyone in the US! No venture Kathleen Huey of your office to make sure that this capitalists in those days, so I liquidated for cc: Senator Rick Santorum settlement is completed and this case is over the benefit of creditors, and turned to at the federal level. Settlement calls for industrial. MTC–00031279 Microsoft to share more information with Kermit Skeie JAN–16–2002 08:27 AM JOSH—POTTER competitors, and to give competitors more 12522491844 opportunities. (This is crinimal) Clearly, the MTC–00031276 P.01 settlement is fair. JAN-15–2002 16:19 P.01/01 661 Hardison Drive I support the settlement, and look forward Paul F. CANTIANI Arapahoe, NC 28510—9660 to seeing the end of this case. Insurance Agency, Inc. January 15, 2002 Microsoft should be allowed to return to January 14, 2002 Attorney General John Ashcroft innovating and should not be held in court Renata Hesse US Department of Justice, 950 Pennsylvania any longer than is absolutely necessary. Trial Attorney Avenue, NW Sincerely, Antitrust Division Washington, DC 20530–0001 Jule Larrabee Department of Justice Dear Attorney General Ashcroft: SALES OF NEW AND USED EQUIPMENT 601 D Street NW, Suite 1200 My name is Josh Potter. I live in Arapahoe, AND PARTS Washington, DC 20530 NC. I am pleased to hear that a settlement has
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been reached between Microsoft, the Justice The Microsoft Corporation never engaged in you to conclude the matter as decided by the Department, and some of the other parties the anticompetitive behavior that they have courts ASAP so that everyone can get back involved with the lawsuit. I am writing to been accused of by their competitors. At any to business. It seems like the case with express my support for the settlement. rate, I am pleased to see this issue come to Microsoft has been in process 4 years or I was opposed to the Microsoft lawsuit a resolution with the settlement reached last more, about the same length of time as our from the beginning. The computer industry November. Maybe now everyone can move effort in WWII and if our government needs would still be in the dark ages without Bill on to more important issues. more time to defeat a software company that Gates and Microsoft. However, as I Anyone who thinks Microsoft got off easy it did Nazi Germany and Japan, something is understand the settlement, it allows for in this deal is mistaken. Microsoft has agreed wrong. I use Microsoft software on my greater competition without seriously to many terms that go beyond the scope of computer, most people probably do, and damaging Microsoft as a competitive entity. the case. Microsoft will now disclose the would like to see emphasis on other issues Now, under the settlement Microsoft has to internal interface of its operating system so take the fore. For one, the economy needs reveal its intellectual property in its that software developers will be able to attention. I have the impression that the Windows internal interfaces and server promote their software from within the continuing attacks on Microsoft serve the interoperability protocols. Windows system. Interests of some of their competitors who Under the circumstances, and considering Clearly Microsoft wants this issue resolved. failed to compete successfully and want the other proposals to settle this matter, the As a Microsoft supporter, I too hope this government and stales to beat Microsoft since settlement you have reached are in the best settlement is quickly resolved. they could not. This is contrary to business interest of the public, the tech industry, as Sincerely, practice in the marketplace. The courts have well as, the economy. Carol DiPalma had their say, let the competitors adjust and In closing, I support the proposed MTC–00031282 adapt to new strategies. Please conclude this settlement. I feel it will benefit American case and move on to more pressing issues Jan–16–02 06:27A Calderazzo 9624563 P.01 industry and consumers alike. Thank you for such as the Enron debacle. Dominick Caldcrazzo your time and consideration. Michael J. Fies 14614 Village Glen Circle Sincerely, Tampa, Florida 33624 235 Arcadia Road Josh Potter January 14, 2002 07–04 Argos Singapore MTC–00031280 Attorney General John Ashcroft US Department of Justice 16–2002 6:29AM FROM P. 1 MTC–00031284 950 Pennsylvania Avenue, NW 6586 153rd Avenue Southeast 0 1/ 15/02 11:02 Fax 978–688–7705 JOHN Washington. DC 20530 Bellevue, Washington 98006 PRESSMAN 01 Dear Mr Ashcroft January 14,2002 Merrimack I am writing to exercise my right under the Attorney General John Ashcroft COLLEGE Tunney Act to voice my support for US Department of Justice North Andover, Massachusetts 01845,. 976– Microsoft in light of recent litigation against 950 Pennsylvania Avenue, NW then. I am extremely dissatisfied with the 837–5000 Washington, DC 20530 way this entire matter has been dealt with. Department of Modem Languages Dear Mr. Ashcroft: In my opinion. this lawsuit was very unfair January 13, 2002 In November of 2001 Microsoft and the to Microsoft and has done much to damage Attorney General John Ashcroft Justice Department reached a settlement in the stability of the lnformation technology US Department of Justice the antitrust case that had been in progress Industry. Despite the unfair treatment, 950 Pennsylvania Avenue, NW for more than three years. I am contacting Microsoft has been more than cooperative Washington, DC 20530 you to let you know I was pleased to see that from the very beginning. They have even Dear Mr. Ashcroft: this settlement was reached, as were many agreed to restrictions and obligations that Since the start of the Department of Justice other Americans. were not even at issue in the lawsuit. The filed suit against Microsoft three years ago, I am concerned that special interests with have even made efforts to restructure aspects the IT industry and the economy have been anti Microsoft leanings will try to derail this of Microsoft’s business and product unnecessarily disrupted. The enormous cost settlement. They will tell the public that this development that were not found to unlawful this lawsuit has been on the federal settlement will change nothing and Microsoft by the Court of Appeals. This was all in effort government and the IT industry will be should be compelled back to court. However to bring the case to a conclusion and achieve inevitably passed onto the consumer through this settlement will create many changes as unhindered development of new products higher prices on technology products for well as end this expensive case. This If that were not enough Microsoft has also years to come. This cost can only increase as settlement will give computer makers agreed to allow computer makers to make it the suit remains in the hands of the court. flexibility to install non- Microsoft software. easier for non-Microsoft software, such as Microsoft has agreed to contract changes Additionally, this settlement will compel programs from AOL Time Warner and with distributors, and to opening parts of its Microsoft to reveal an unprecedented amount RealNetworks to be accessed by consumers. proprietary code to competitors among other of secret design code to competitors. Without Though this is just a small example of things. The settlement overcompensates a doubt this settlement will bring Microsoft’s efforts, competitors of Microsoft Microsoft’s competitors for any substantive fundamental change to the IT industry. are still actively trying to undermine the infractions it may be guilty of and will surely Furthermore this settlement will end this settlement during this review period This iS mitigate Microsoft’s market power in the case at the federal level. why I am writing. I am grateful that you future. Sincerely, value my input and trust that my views and This suit must end. The government has Alicia Mariano those of others Will impact positively on the proven that it can effectively disrupt an entire industry with ambiguous results for MTC–00031281 case against Microsoft. Respectfully yours, the consumer in the end. For this and the JAN–16–2002 08:20A Dominick Calderazzo above reasons, I support this settlement and FROM: =201 444 4591 TO: 12023071454 P:1 desire an end of this case. sincerely; 414 Radcliffe Street MTC–00031283 John & Sylvia Pressman Wyckoff, New Jersey 07481 16–JAN–2002 14:29 DASSAULT FALCON 245 Osgood Street January 14, 2002 JET SPORE 65 4688023 P.01/01 North Andover, MA 01845 Attorney General John Ashcroft US Department of Justice, US Department of Justice INTERNET:[email protected]. MTC–00031285 950 Pennsylvania Avenue, NW From: 110641,1542 JAN–15–2002 09:13 PM Emily W h i t e/ Washington, DC 20530 Re: Microsoft Settlement Tom Simone 01 727 596 1285 P. 01 Dear Mr. Ashcroft: Dear Sirs 1621 Gulf Boulevard, Apt. 807 I am outraged by the Justice Department’s Having followed the government’s and Clearwater Beach, Florida 33767 harassment of Microsoft on anti-trust issues. several states’s case against Microsoft, I urge January 15, 2002
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Attorney General John Ashcroft MTC–00031287 areas. It prohibits any kind of future US Department of Justice 2098 Mt. Laurel Road retaliatory market practices. It puts the 950 Pennsylvanla Avenue, NW Fleetwood, PA 19522–8711 company under the eye of a new government Washington, DC 20530 January 10, 2002 review committee. It opens up the company Dear Mr. Ashcroft: Attorney General John Ashcroft to more competition. From the beginning, I have thought that the US Department of Justice What more does the government want? We suit against Microsoft should be thrown out 950 Pennsylvania Avenue, NW need Microsoft back on top of its form. The of court. Microsoft has done more good for Washington, DC 20530–0001 settlement should be accepted now. technology in the world than any other Dear Mr. Ashcroft: Thank you for your leadership. entity. Microsoft rose to its market position I am writing to express my opinion that the Sincerely, through providing a quality product at a lawsuits that have been brought against Bill Young 5471 Steilacoom Blvd., SW * Tacoma, WA price that consumers can afford. The Microsoft should have never occurred in the 98499 enormous economic rewards that Microsoft first place. Now, I hope that the tentative (253) 504–7464 o (253) 504–7499 (FAX) reaped due to their business savvy is still the settlement is confirmed and that the nine envy of the IT industry. Unfortunately, states that still opposed will end their MTC–00031289 instead of Microsoft’s competitors attempting lawsuits. As a user and consumer, I do not PhoneTools to create a product that was able to compete feel that my rights have been infringed upon well with Microsoft’s, they tried to use the BVRP in any way. I own and use some of Software court as a tool of greed rather than one of Microsoft’s products and services as well as Justice. Phone: some of their competitors and do not feel as Fax: The proposed settlement is more than fair though I’ve been harmed in any way as to my to the plaintiffs in the case, and punishes Message : ability to make my own choices for these I urge you to accept the proposed settlement Microsoft far past any substantive infractions products and services. In many cases the of the Microsoft anti-trust of which they may be guilty. Microsoft will products and services of Microsoft are far case. Please see my attached letter. share information about the internal superior to any other vendors and their Thank You workings of Windows, and will design future prices are in line with the technology they Henry S. Williams versions of Windows so that non-Microsoft deliver. In the settlement Microsoft has 1304 Adams Ave. programs can operate within it and suffer no agreed to open the intellectual property of its Toppenish, WA 98948 drop-off of efficiency. internal Windows interface to its From: Dell Computer Corporation The time is long passed for this matter to competitors, to promote interoperability with To: Attorney General John Ashcroft be put behlnd us. The incredible cost that non-Microsoft software, and even have a full- Preferred Customer Microsoft and the other litigants have spent time three-person technical committee Attorney General John Ashcroft on the case will take years to pay off. monitor its own compliance. I personally, Henry S. Williams Sincerely, don’t believe they should have to do these 1304 Adams Ave. Emily J. White things; hut I assume Microsoft is willing to Toppenish, WA 98948 do so, so that we can all move on and put MTC–00031286 E-Mail: stein [email protected] an end to these senseless lawsuits. Microsoft Phone: 509–865–2915 FAX 4067783538 BAKERAIR SERVICE PO1 represents a free enterprise success that January 13, 2002 Baker Air Service, Inc. should be a model for our country’s Attorney General John Ashcroft P.O. Box 979 Baker, MT 59313 (406)778– entrepreneurs to follow. Microsoft should not US Department of Justice 3508 he pllnished for being successful. 950 Pennsylvania Ave., NW January 14, 2002 In the best interest of the public, I urge you Washington DC 20530 Attorney General John Ashcroft to expeditiously make an end of matter so Dear Mr. Ashcroft: United States Department of Justice that you can focus your office on real issues, I am writing in regard to the proposed 950 Pennsylvania Avenue, NW such as international security tax issues. settlement of the Microsoft anti-trust case. As Washington, DC 20530–0001 Thank you. a user of Microsoft products I have found Dear Attorney General Ashcroft: Sincerely, their products to be of high quality and value The fact that this settlement had to be Don Kiesling priced. Consumer complaints with Microsoft reached at all, in my view is a ridiculous cc: Senator Rick Santorum are few, unfortunately competitor complaints caricature of our American values and spirit. MTC–00031288 have driven this ‘‘anti-trust’’ matter. As a In my view, Microsoft and its success should resident of Washington State, as well as a be viewed as a success story and an Packaging Store stock holder, let me tell you this enterprise to be celebrated. not one that The Packaging & Shipping Experts unreasonable litigation has cost our State should be persecuted by its own government. 7129 Citrine Lane Southwest millions of dollars and my wife and I This being said, the recent settlement is the Lakewood, WA 98498–5013 thousands of dollars. best way to end this matter and to allow the January 12, 2002 I believe the proposed settlement is more company, the industry and the government to Attorney General John Ashcroft than fair. I urge you to accept this settlement move on. US Depatymrnt of Justice, 950 Pennsylvania and put an end to this long drawn out The provisions of the settlement agreement Avenue, NW litigation. ensure competition, foster innovation and Washington, DC 20530–0001 The proposed settlement requires allow for increased competition. The Dear Attorney General Ashcroft: Microsoft to make serious concessions to its settlement requires Microsoft, on top of I am writing you to suggest that a just competitors as Windows systems will have to competition building measures, to submit to outcome for the Microsoft anti-trust case and be made to accept non-Windows software. If a government appointed three-person the surrounding controversy would be the fact a government appointed oversight technical committee. This committee’s prompt acceptance by the federal government committee would now monitor Microsoft’s responsibility is to ensure Microsoft’s of the proposed settlement plan. This plan is business practices and insure it abide by the compliance with the agreement and to the product of four years of negotiation, settlement terms. mediate disputes about the settlement. mediation and litigation. The parties have Clearly this settlement is more than just a It is high time that this process is over and accepted it. The court has indorsed it. It’s slap on Microsoft’s wrist. The terms should that we as a country are allowed to move on. time for all to get out of court and back to be more than enough to appease the harshest Let us make the approval of this settlement work. critics of Microsoft, and it will certainly the final federal action taken on this matter. The plan directs Microsoft to grant other increase competition in the technology Thank you. computer makers rights to configure marketplace. At this time of National Sincerely yours, Windows to promote their and others’’ economic uncertainty we need this great Roger Meggers, President software. It constrains Microsoft from non- corporation at work. Please support this cc: Mr. Bill Gates /Microsoft completive practices in licensing and other settlement.
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Sincerely. putting the best product on the market for Microsoft’s products and services are user Henry S. Williams less make a company a monopoly? friendly and have been valuable to Obviously, this consumer feels that this suit consumers with little software and computer MTC–00031290 is inappropriate. Finally, we would like to experience. The proposed consent decree Structure Computer Services say how pleased we are that you were finally provides the proper balance between 10136 Hickory Ridge Dr. confirmed as Attorney General. There are punishing Microsoft and providing remedies Brocksville, OH 44141–3636 people in our society that want to attack for its competitors, computer manufacturers 440–526–2776 e-mail: Itstrong@ success at every opportunity. Your reelection and consumers. Competitors and January 15, 2002 bid as Senator showed to what great lengths manufacturers will have the option of Attorney General John Ashcroft they will go to, to defeat and smear your dismantling or removing some Windows U.S. Department of Justice outstanding and successful career. features. Microsoft has agreed that it will not 950 Pennsylvania Avenue, NW Thank you and God bless! retaliate against computer makers that Washington, DC 20530–0001 Sincerely, provide software that competes with the Dear Mr. Ashcroft, MTC–00031292 Windows operating system. I am in favor of that antitrust case against Ensuring a competitive environment is an Microsoft settling. The litigation against BAKERAIR SERVICE P01 important part of the United States economy. Microsoft has been extended out far too long. P.O. Box 979 Baker, MT 59313 This agreement will allow competition while (406) 778–3508 I am a comptuter consultant. As a at the same time encouraging innovation at January 14, 2002 consultant, I have directly observed the a time when we need to get our economy Attorney General John Ashcroft negaitve impact the suit has had on the IT moving. United States Department of Justice community, and on our economy. Thank you for your attention to this matter. 950 Pennsylvania Avenue, NW Uncertainty has been created industry-wide. Sincerely, Washington, DC 20530–0001 As a result, business has suffered. Drawing Erika Summers out the lawsuit further will only result in Dear Attorney General Ashcroft: creating even greater uncertainty in the The fact that this settlement had to be MTC–00031294 industry. reached at all, in my view is a ridiculous Danny Cline caricature of our American values and spirit. The terms of the settlement agreement are 1354 Leland Court In my view, Microsoft and its success should reasonable, and are in the public interest. In York, SC 29745–7562 be viewed as a success story and an fact, Microsoft has offered concessions that January l5, 2002 enterprise to be celebrated, not one that go beyond the scope of the lawstiit. For Attorney General John Ashcroft should be persecuted by its own government. example, Microsoft agreed to the creation of United States Department of Justice This being said, the recent settlement is the a Technical Committee to act as a watchdog 950 Pennsylvania Avenue, NW best way to end this matter and to allow the over its business practices. I support Washington, DC 20530–0001 company, the industry and the government to concessions that wil ensure compliance with Dear Attorney General Ashcroft: move on. I appreciate the job you have been doing the antitrust laws. However, I do not not The provisions of the settlement agreement believe concessions should include the ensure competition, foster innovation and in the wake of September 11, 2001. As a ability to interfere with Microsoft’s business allow for increased competition. The stock holder in Microsoft I also appreciate operations. While I believe some of settlement requires Microsoft, on top of your support of the settlement that was Microsoft’s concessions are not particularly competition building measures, to submit to reached in the Microsoft antitrust case. Your fair to Microsoft, I support the company’s a government appointed three-person continued support is needed to make certain willingness to go beyond what is at issue to technical committee. This committee’s that this case is actually settled. Opposition bring this case to a rapid conclusion. responsibility is to ensure Microsoft’s forces with anti-Microsoft agendas may try to I urge you to support the settlement. compliance with the agreement and to derail this settlement and have this case Bringing closure to this issue is best for mediate disputes about the settlement. returned to court. everyone, and so I thank you for taking the It is high time that this process is over and The opposition to this settlement claims time to consider my point of view. that we as a country are allowed to move on. that it is not hard enough on Microsoft. Yet Sincerely, Let us make the approval of this settlement a detailed reading of the settlement will show James T. Strong the final federal action taken on this matter. this is not the case. This settlement forces Microsoft to end any contractual restriction MTC–00031291 Thank you. Sincerely yours, that would hold back competitors from Gordon and Diane Hanford Roger Meggers, President c: Mr. Bill Gates placing their software on MS operating 7900 Skylineview Drive /Microsoft systems. Moreover this settlement requires Mentor, Ohio 44060 Microsoft to divulge design code to January 12, 2002 MTC–00031293 competitors so that they compete more Attorney General John Ashcroft Erika Summers competently with Microsoft. US Department of Justice 5119–306 Cooper Ridge Dr. The concessions made by Microsoft in this 950 Pennsylvania Avenue, NW Durham, NC 27707 settlement are extraordinary. There is no Washington, DC 20530 Renata Hesse need for a re-trial or continuation of this case Dear Mr. Ashcroft: Trial Attorney at the federal level. We have always believed in capitalism and Antitrust Division Sincerely, free trade. We feel that the antitrust lawsuit Department of Justice Danny Cline that has been brought against Microsoft is in 601 D Street NW, Suite 1200 cc: Senator Strom Thurmond direct violation of these ideals, and that the Washington, DC 20530 MTC–00031295 settlement that has been reached between Re: Microsoft Case Microsoft and the Department of Justice is Dear Ms. Hesse: THE SENATE OF SOUTH CAROLINA fair. We simply do not wish to see this issue The proposed settlement agreement in the S. C. SENATE go any further, and as such, we support the United States v. Microsoft case offers a SENATECLERK settlement. Please do not penalize Microsoft’s workable compromise for Microsoft, software FAX # (803)222–6299 success, which has come from offering a designers, computer manufacturers and DATE: January 16, 2002 superior product. consumers. Having recently completed TO: Renata B. Hesse Quite frankly, I am befuddled by the college and now working in the private FROM: Senator John C. Land, III government’s pursuit of this case. Microsoft sector, I know the importance of having a FAX NUMBER: 202–307–1454 never forced consumers to buy their software, good integrated software system. I can also PAGES: 1 of 2 (Including this page) and people buy Microsoft because they make understand the need for some flexibility in IF YOU DO NOT RECEIVE ALL OF THE quality products, which they now market for configuring other products with the SHEETS INDICATED, less than those originally offered. How does Windows system. PLEASE CONTACT THE SENATE CLERK’S
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OFFICE: (803)212–4200 950 Pennsylvania Avenue, NW Ms. Renata Hesse JAN–16–2002 WED 09:29 AM FAX NO P. 02 Washington, DC 20530–0001 Trial Attorney JOHN C. LAND, III Dear Attorney General Ashcroft: Antitrust Division January 15, 2002 I support Microsoft’s antitrust settlement Department of Justice FAX: 1–202–307–4454 with the federal government. They have done 601 D Street, NW Ms. Renata B. Hesse this county a great service by not prolonging Suite 1200 Anti trust Division this to another day. I think the American Washington, DC 20530 U.S. Department of Justice taxpayers would like to see the money spent Dear Ms. Renata: 601 D Street NW in other ways in these trying times. As a Microsoft stockholder and resident of Suite 1200 I think Microsoft was extremely generous Northern Virginia, I am writing to encourage Washington, DC 20530–0001 in the settlement. I understand they have you to approve the settlement agreement in RE: Proposed Settlement of Department of granted computer makers broad new rights to the case of United States v. Microsoft. Justice Antitrust Action Against configure Windows so as to promote non- The settlement would he important to my Microsoft Microsoft software programs that compete state’s economy and to Northern Virginia in Dear Ms. Hesse: with programs incluled within Windows, not particular, as it would help to ensure our I support the decision of the Attorney retaliate against computer makers who ship continued growth and future prosperity in General of the United States to negotiate a software that competes with anything in its this Information Age. In addition, such a settlement of the Department of Justice Windows operating system, and document settlement would allow the marketplace to antitrust action against Microsoft. I and disclose for use by its competitors remain an important factor in the understand that nine of the eighteen suing various interfaces that are internal to development of technology. states have also decided to join in the Windows’’ operating system products-a first This proposed settlement represents a proposed settlement. in an antitrust settlement. reasonable compromise between Microsoft The parties negotiated intensively over a I think Microsoft has proven it takes these and the plaintiffs in the anti-trust case long period of time. They agreed to a matters very seriously. I also think the against it. settlement that will protect consumers and American consumers are pleased to see that Thank you for considering these views. encourage competition and growth in the Microsoft could soon be finished with this Sincerely, technology sector of our economy. It is time entire ordeal. I urge you to approve this John G. Ryan JGR/bc to end the litigation and the uncertainty and settlement, and let Microsoft get back to MTC–00031300 to bring this case to a conclusion. work. Yours truly, Thank you. 2179 Sunny Slope Dr. #4 John C. Land, III Sincerely, Dubuque, IA 52002–2258 Chairman, Senate Democratic Caucus Donald Morfee January 15, 2002 Ms. Renata Hesse MTC–00031296 MTC–00031298 Trial Attorney—Antitrust Division 37 Maple Avenue January l6, 2OO2 U.S. Department of Justice Madison, New Jersey 07940 Attorney General John Ashcroft 601 D Street NW, Suite 1200 January 11, 2002 US Department of Justice Washington, DC 20530 Attorney General John Ashcroft 950 Pennsylvania Avenue, NW VIA FACSIMILE (202) 616–9937 US Department of Justice Washington, DC 20530 Dear Ms. Hesse: 950 Pennsylvania Avenue, NW Dear Mr. Ashcroft, As a resident of the state of Iowa, I have Washington, DC 20530 I am writing in support of ending the been closely following the antitrust case Dear Mr. Ashcroft: antitrust case against Microsoft. The pitting the state attorneys general, including This letter is intended to express my views Microsoft settlement is a just and prudent Iowa Attorney General Tom Miller, and the on the proposed settlement that was reached conclusion to a madding trial, and should be federal government against Microsoft between the Department of Justice and the final. Any further federal or state action Corporation. I am writing to express my Microsoft Corporation. I am all in favor of against Microsoft should be stopped. support for an end to this already lengthy this settlement, and would like to see it Microsoft has been a major contributor to and costly case. approved as soon as possible. There is no the national economy, which is especially Since nine of the states and the U.S. reason to continue with litigation against important during market doldrums like the Department of Justice reached settlement on Microsoft, especially if you consider the one we currently endure. It is imperative that this case, it is time to put the issue to bed. current state of our economy. Microsoft uses its resources to innovate in The settlement is fair and was reached in According to the settlement, Microsoft has the software industry, instead of spending good faith. Millions of tax dollars have agreed not to enter into any agreements money on unwarranted litigation. The already been spent fighting a battle that in obligating any third party to distribute or concessions the corporation is making in the my opinion didn’t even need to be fought. I promote and Windows technology settlement will promote fair competition. The believe that the timing of the government’s exclusively or in a fixed percentage, subject changes in licensing agreements alone will case against Microsoft came at an to certain narrow exceptions where no strongly augment the power of computer inopportune time for our technology competitive concern is present. They have hardware manufacturers to sell their economy. The lawsuit against Microsoft, a also agreed not to enter into agreements machines, since they will be able to tailor company known for creating and improving relating to Windows that obligate and every customer’s computer for his or her products that make our personal and software developer to refrain from optimal needs. business lives easier and more efficient, developing or promoting software that I strongly urge your support of ending all stunted the growth and development of new competes with Windows. action that hinders Microsoft’s progress and and improved products that end users like This settlement is great for competition, ability to innovate. Please work to convince me crave. the IT industry, and the American economy. Attorney General Stovall of Kansas of the I suspect that our Department of Justice has I fully support the settlement and hope that wisdom of this settlement. bigger fish to fry in the months and years it is implemented as soon as possible. Sincerely, ahead in our war on terrorism. Microsoft was Sincerely, Patricia Maca and continues to be successful because of the Daniel Meaney 2505 Nevada Street form of government and economy that in Hutchinson, KS 67502 recent months has made us so proud and MTC–00031297 patriotic. I encourage the federal government 110 Seagull Lane MTC–00031299 and the attorneys general to finally put an Sarasota, FL 34436–1606 JOHN G. RYAN end to this case. January 14, 2002 1432 HICHWOOD DRIVE I appreciate your consideration of this Attorney General John Ashcroft MCLEAN, VIRGINIA 22101 letter. I welcome your response. United States Department of Justice January l6, 2002 Sincerely,
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Daniel E. Walsh competition as a result, which will allow beginning with the interim release of consumers to continue making the most Windows XP, to provide a mechanism on the MTC–00031301 informed decisions they can. Microsoft will, desktop to make it easy for computer makers The TRIANGLE for example, allow their competitors to place or consumers to promote non-Microsoft Lifestyle Magazine non-Microsoft software on the Windows software within Windows. Microsoft has also January 14, 2001 operating system, letting them compete on promised not to retaliate against computer Renata Hesse Microsoft’s turf. Additionally, Microsoft has makers who ship software that competes Trial Attorney agreed not to retaliate against companies that with anything in its Windows operating Antitrust Division sell or promote non-Microsoft programs. system. Department of Justice I want to see this matter ended once and This settlement is complete and thorough. 601 D street NW, Suite 1200 for all. The settlement should be finalized It will serve in the best public interest. Washington, DC 20530 once the public comment period ends. Thank you for your time. Dear Ms. Hesse: Sincerely, Sincerely, I support the proposed settlement Kenneth Bell Elaine Pataki agreement in the United States v. Microsoft cc: Senator Rick Santorum case—or, at least, my understanding of it. As MTC–00031303 a consumer, small business owner and January 16, 2002 MTC–00031305 publisher, I believe this proposal with result Attorney General John Ashcroft SOUTH CAROLINA HOUSE OF in more competition and greater innovation US Department of Justice REPRESENTATIVES among computer makers and software 950 Pennsylvania Avenue, NW OFFICE OF THE SPEAKER PRO TEMPORE developers. Washington, DC 20530 DOUG SMITH There are important remedies in the Dear Mr. Ashcroft: FACSIMILE TRANSMITTAL SHEET settlement such as the establishment of a I support the government’s decision to TO: Renata Hesse Technical Committee and a uniform price settle the Microsoft antitrust case. I believe FAX NUMBER: (202)307–1454 list. Consumers and software developers can Microsoft was unduly attacked in this FROM: Doug Smith use non-Microsoft software within Windows, lawsuit, and I support the government doing DATE: 1/16/02 making it easier to add or remove Windows what is necessary to stop this needless waste This is page 1 of a 2 page transmission. software. They can also remove features such of government resources. Comments: as the Internet Explorer web browser, By prosecuting Microsoft, the government For return Fax, dial (803) 734–9488. Windows Media Player and Windows has unduly punished one of the great Post Office Box 11867 Messenger. These and other options do net innovators of our time. I liken Bill Gates to Columbia, South Carolina 29211 totally satisfy all of those concerned about Thomas Edison, not to the monopolist he has (803) 734–2701 the litigation, but they are a good been made out to be. His work has resulted 1/16/2002 12:23 8037349488 SPEAKERS compromise that will allow Microsoft and its in the production of excellent products, and OFFICE PAGE 02 competitors flexibility end encourage new has strengthened our strong economy. Now STATE OF SOUTH CAROLINA product development. Microsoft will be required to use a uniform STATE HOUSE My own business has been impacted by pricing list when licensing Windows, and P. 0. BOX 11867 current economic slowdown as has the will be prevented from taking retaliatory Columbia 29211 computer industry. It is past time to end the measures when vendors sell or promote non- DOUG SMITH litigation and get technology companies back Microsoft products. HOME ADDRESS to developing new products—developing and The terms of the settlement agreement are PO DRAWER 5097 then advertising them! Innovation and fair, and are in the public’s interest. For the SPARTANBURG, SC 29304 competition will return our nation to a strong good of our economy, I hope the Department January 16, 2002 position in the global economy. of Justice takes whatever steps are necessary Via Fax Sincerely, to ensure that this settlement goes through. Renata Hesse Margaret Watub Sincerely, Antitrust Division Publisher Clarys Holliday U.S. Department of Justice Post Office Box 12826 Raleigh North 119 Cliffside Commons 601 D Street NW Carolina 27605 919–839–0785 fax 919–836– Rocky River, OH 44116 Suite 1200 8203 Washington, DC 20530–0001 MTC–00031304 Re: Antitrust Action Against Microsoft MTC–00031302 E C Pataki Consulting Services Dear Ms. Hesse: Rock financial Information Technology Services for the AS/ I am writing to express my support for the A QUICKEN LOANS COMPANY 400 settlement that the Justice Department From The Desk of: KENNY BELL 596 McKinley Street negotiated with Microsoft. This settlement is kenny.bell@rockloans. corn Hazelton, Pennsylvania 18201 in the best interests of consumers, as it will Phone: (248) 427–3345 (570) 459–1514 put new restrictions on Microsoft while Fax: (734)805–8962 Fax: (570) 459–5262 encourage Microsoft and other companies to ********** January 16, 2002 continue to compete and innovate. I expect ROCK FINANCIAL Attorney General John Ashcroft that bringing an end to the uncertainty of this 530 S. Edison Street U.S. Department of Justice legal action will be a plus for the national Royal Oak, Michigan 48067 950 Pennsylvania Avenue, NW economy. January 16, 2002 Washington, DC 20530 Accordingly, it is my hope that the Attorney General John Ashcroft Dear Mr. Ashcroft, proposal settlement will be approved and US Department of Justice I am writing you today to express my implemented as soon as possible. 950 Pennsylvania Avenue, NW opinion in regards to the Microsoft Sincerely, Washington, DC 20530 settlement that was reached in November. I Doug Smith Dear Mr. Ashcroft: feel this issue has gone on long enough. I Speaker Pro Tempore I am writing in support of the settlement support Microsoft in this debate and am the Department of Justice has reached with anxious to see this dispute resolved. MTC–00031306 Microsoft in its antitrust case. I like Microsoft This settlement contains provisions that COLLINS COMMUNICATIONS INC products and use them all the time, and I will not only allow Microsoft to remain 3795 Collins Road don’t want anything, further to happen to the together, but will also benefit competing Gillette, Wyoming 82718 company. companies and computer makers. According January 10, 2002 The concessions Microsoft is making in the to the settlement text, Microsoft has agreed Attorney General John Ashcroft settlement are fair. There should be increased to design future versions of Windows, US Department of Justice
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950 Pennsylvania Avenue, NW comprehensible to the average layperson. MTC–00031310 Washington, DC 20530 Further, he made it affordable. Bill Gates, 8158 Dinsmore Street Dear Mr. Ashcroft: more than anyone, has been responsible for Brooksville, Florida 34613 I am writing you today to voice my opinion this country’s technological dominance in January 14, 2002 in regards to the settlement that was reached the world. For this he has engendered Attorney General John Ashcroft in November between Microsoft and the jealousy from those firms who were not quite US Department of Justice government. I feel this settlement was as good. This was the real basis for the 950 Pennsylvania Avenue, NW reached after extensive negotiations and after antitrust case brought against Bill Gates, not Washington, DC 20530 three years; I am relieved to see a settlement any devious business dealings. But an Dear Mr. Ashcroft: has been reached. I never thought that agreement has been reached between The lawsuits against Microsoft have Microsoft was a monopoly or a threat to the Microsoft and the Department of Justice and dragged on too long. I am in full support of free enterprise system. I want to give my support to this agreement. the settlement between Microsoft and the Maybe now Microsoft can stop focusing on Microsoft, additionally, has agreed to a great Department of Justice because it is in the bets litigation and begin fully devoting their many demands by the Department of Justice. interest of the American public. Microsoft resources and time to conducting business. Microsoft has opened up its source codes to has agreed to make concessions that are more As a business owner myself, I know the its Windows program to competitors. than fair. They will be disclosing internal importance of hard work and diligence to run Microsoft has agreed to design future interface codes and protocols So that a business and prosper. I do not believe versions of Windows to accommodate non- competitors can develop products compatible Microsoft should be punished for being Microsoft software, the company has even with Windows’’ operating systems. They will successful at what they do. Is that not what agreed to a technical committee to monitor also be forming three-person team to monitor every working American strives for? future activities. compliance with settlement. Microsoft has Again, I support Microsoft and the Our country needs to get back to business. been a cornerstone of the IT industry and settlement. I sincerely hope there will be no I support the settlement, and look forward to must be allowed to focus on innovation further action against Microsoft at the federal seeing it swiftly implemented. instead of politics. Our country and our level. Sincerely, economy need their leadership in this time Sincerely, Gerald Burkhalter of recession. But clever people like me who Rod Thornton talk loudly in restaurants, see this as a MTC–00031309 deliberate ambiguity. A plea for justice in a MTC–00031307 13 Caisson Crossing. Savannah. GA 31411- mechanized society. FROM: Tingen & Associates Insurance 1302 I support this settlement and look forward 1224 Crooked Creek Drive Attorney General John Ashcroft to seeing its implementation soon. Thank you Hartsville, South Carolina 29550 US Department of Justice, for your time. January 14, 2002 950 Pennsylvania Avenue, NW But is suspense, as Hitchcock states, in the Attorney General John Ashcroft Washington, DC 20530–0001 box. No, there isn’t room, the ambiguity’s put US Department of Justice January 16, 2002 on weight. 950 Pennsylvania Avenue, NW Dear Mr. Ashcroft: Sincerely, Washington, DC 20530 Let me first say how absolutely delighted Richard Gray Dear Mr. Ashcroft: I am that you hold the critical office of MTC–00031311 Your work to end the Microsoft antitrust Attorney General! LAW OFFICES case is appreciated. I was delighted to see As a retired businessman who spent most WILLIAM E. LEVIN & ASSOCIATES you offered Microsoft a settlement and would of his career either directly or indirectly involved in ‘‘the computer business’’, I am 200 West Madison Street like to see this settlement put in place and Suite 5O5 writing to voice my thoughts on the this case ended. Chicago. Illinois 60606–3412 settlement between Microsoft and the Justice Both Microsoft and the Justice Department Willlam E Levin Department. I think the settlement is a good have spent large amounts of money and time 312/372–6544 Fax: 312/372–8456 one and should be accepted by the in this case. Both parties have more FACSIMILE TRANSMITTAL important priorities, and that is one government. DATE: January 16, 2002 important reason this case should be During most of my career, IBM was ‘‘the TO: United States Department of Justice concluded. Furthermore this settlement is big bad wolf’’ and during which time, there FAX NO. 202/307–1454 equitable. Under this settlement Microsoft was a constant ‘‘hue and cry’’ to break up FROM: William E. Levin has agreed to share vital code information IBM and otherwise to hobble its operations RE: Microsoft Settlement with competitors, allowing competitors to under the guise of increasing competitiveness REMARKS: As a Consumer of Microsoft compete more effectively. Microsoft has also within the computer industry. And, I might products, I strongly support the settlement agreed to end any contractual restriction that add that IBM’s position of dominance of the reached between Microsoft Corporation and was perceived as anti-competitive. computer industry was much more pervasive DOJ and nine states. Microsoft is one of the With these concessions by Microsoft there than is Microsoft’s in today’s world. most innovative companies in the world and, is no reason for this case to be continued. The point of bringing up IBM is to make without doubt, has eased and made life more The settlement is fair, and should be the final the point that, in the end, it was market efficient for the vast majority of people in action in this case. forces (including the success of Microsoft) this country and throughout the world. The Sincerely, that brought them from complete dominance settlement that has been reached imposes Glenn Milsap to where they are today. And I might further significant restrictions on Microsoft and the cc: Senator Strom Thurmond add that, in my opinion, the potential threats time has come to put an end to the antitrust to Microsoft’s position are more far-reaching litigation. I strongly urge approval of the MTC–00031308 and numerous than those IBM faced during settlement. Wagner Printing Company it’s period of dominance. William E. Levin 1–9 East Spring St., Freeport. IL 61032 It seems to me that in agreeing to license This document may contain confidential, January 15, 2002 its Windows operating systems and protocols proprietary information and information Attorney General John Ashcroft included in those systems, (decisions that which is protected under attorney—client or US Department of Justice must have been very hard to make!) attorney work product privileges. It is 950 Pennsylvania Avenue, NW Microsoft has taken steps that are fair and intended for the designated recipient Washington, DC 20530 reasonable. I urge you to accept this exclusively. If you have received this Dear Mr. Ashcroft: settlement and stop Justice Department transmittal in error, please contact the sender The antitrust suit brought against Microsoft prosecution of Microsoft for the reasons immediately by telephone at the number was recently settled. Bill Gates made a good stated above. appearing above. Any other use or product; he took software and standardized Sincerely, distribution of this communication is it, making it understandable and Edward E. Hale unauthorized and prohibited.
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MTC–00031312 non-Microsoft software producers will be 151 N. Sunrise Avenue 26 Sandhurst Lane able to interact and intertwine their Suite 901 Buffalo, NY 14221–3153 technologies. Where there was division Roseville, CA 95661 (716) 631–0995 before, there can be growth and unity now. (916) 786–9400 Fax: (716) 631-0995 In other words, the government is asking FAX (916) 786–8163 Attorney General John Ashcroft Microsoft to kiss their ass and they are January 16, 2002 US Department of Justice, willing to do it! VIA FAX 202–616–9937 950 Pennsylvania Avenue, NW I do not believe that any good can come of Kenata Hesse, Trial Attorney Washington, DC 20530–0001 a prolonged suit against Microsoft. It has Antitrust Division January 11, 2002 gone on long enough already. I urge you not Department of Justice Dear Mr. Ashcroft: to allow the tools of the federal courts to be Washington, DC misused and wasted. Re: Support of proposed settelement in US I believe that the case against Microsoft has Sincerely, vs. Microsoft no merit. The government has no right to take William G. Newsome Sr. Dear Ms. Hesse: the action it has for the past three years. Veteran, Citizen, Registered Republican The cost to taxpayers of pursuing Microsoft Nevertheless, it is time that this matter be cc: Senator Rick Santorum has run into the tens of millions of dollars. resolved and Microsoft be allowed to The settlement proposed by the Department continue its innovative work within the MTC–00031314 of Justice, if accepted, will finally stop this information and technology industry. At the 20 Washington Avenue South, Minneapolis, fiscal hemorrhaging. end of this month, the November settlement MN 55402 Our current recession requires that we use should be implemented, and this issue TO: Renata B. Hesse all our productive people and resources to should be forgotten. Telephone: get the wheels of commerce turning again. If The terms of this settlement extend well Fax: 202–616–9937 the federal suit against Microsoft helped beyond the products and procedures that CC: precipitate an economic downturn and a were actually at issue in the lawsuit. From: Bill Fritts slide in the stock market—as some Microsoft agreed to these terms for the sake Telephone: economists have suggested ending the suit of wrapping up the suit. It is quite evident Fax: 612–342–7531 might solidify a turnaround and help lead us after one studies this matter that in the Date: 1/16/02 out of this cycle. Because national polls current settlement the government Re: Microsoft reveal that most citizens do not support the accomplished what it initially set out to do; This facsimile transmission consists of case against Microsoft, settlement of this namely to inhibit monopolistic behavior. privileged and confidential information action will send a positive signal that the There is no more need to pursue further legal intended only for the use of the addressee. federal government will let the marketplace action because Microsoft has agreed to If you are not the intended recepient or the work for the people once again. disclose internal interfaces and server employee or agent responsible for delivering On behalf of our tens of thousands of interoperability technology to its it to the intended recepient, any supporters across America, we encourage you competitors. dissemination or copying of this facsimile is to accept the settlement against Microsoft. Therefore, I ask that you work towards strictly prohibited. Please notify us Sincerely, implementing the settlement that is on the immediately at the number below if you have LEWIS K. UHLER table for the sake of both business and received tbis fax in error. If you have any OFFICERS & DIRECTORS: Lewis K. Uhler, consumers. The longer the delay, the more problems receiving this facsimile contact President: Diane Sekofetz. Secretary- counter-productive the government’s actions ING Treasurer; Robert B. CarIeson; Wm. Craig will be. AMERICAS Stubblebine. FOUNDERS & Sponsors: C. Thanks for your time and effort. ING US LEGAL SERVICES Austin Barker, Robert B. Carlson. George Sincerely, Ms. Renata B. Hesse Champion, David Y. Copeland, M. Stanton Lita Tsung Antitrust Division Evans, Milton Friedman, Allan Grant, James MTC–00031313 United States Department of Justice M. Hall. Vern I McCarthy, William A. Suite 1200 Niskonen, Frank Shakespeare, Wm. Craig William G. Newsome Sr. 601 D Street NW Stubblebine, Donald L Totten, Lewis K. 227 Rolling Hill Road Washington, DC 20530–0001 Uhler. Elkins Park, PA 19027 Dear Ms. Hesse: January 15, 2002 I’m sending this letter to voice my opinion MTC–00031317 Attorney General John Ashcroft as a concerned member of our nation’s Sent by: WOODFIN SUITE HOTELS US Department of Justice business community. Throughout my Ronald Nehring 950 Pennsylvania Ave, NW professional career, I have learned to greatly 1015 Old Mountain View Road Washington, DC 20530 appreciate and value the significance of an El Cajon, CA 92021 Dear Mr. Ashcroft, open market and a level playing field. During January 16, 2002 Microsoft and the Department of Justice these times of economic unrest, it is best to Renata Hesse, Trial Attorney have reached a settlement in the antitrust allow the free flow of trade and commerce. Antitrust Division, Department of Justice case, which is currently in review. I find the In fact, it is a free and unfettered market that 601 D Street NW, Ste. 1200 settlement to be fair both to Microsoft and it is ultimately the engine of growth. That is Washington, DC 20530 competitors. Unfortunately, there are nine why I support the Microsoft settlement. By VIA FACSIMILE states on the review board whom do not feel removing this case, Microsoft will be allowed (202) 616–9937 the same. These states wish to continue to operate freely and provide a much-needed Dear Ms. Hesse: litigation against Microsoft—to bring inflow of capital and resources to businesses I have followed the Microsoft case for some Microsoft to its knees, so to speak. I do not across the country. time now and truly believe the settlement believe this is in the best interest of the Thank you for the opportunity to express being offered is fair and positive. This letter economy, the consumer, or the IT industry. my opinion. The settlement was the right and is meant as an expression of my support for Microsoft is the life- blood of the IT just outcome. the consent decree currently on the table. industry. It is very unfair to penalize them for Sincerely, I believe both sides in this case have their accomplishments within our free William D. Fritts, Jr. constructed a settlement which adequately enterprise system. The terms of the Minneapolis Site addresses all the issues of concern. Judge settlement, however, would appear to allow 20 Washington Avenue South Kollar-Kotelly did a tremendous job working for a great deal of rapid progress once Mineapolis, MN 55401 with all parties to ensure the process was implemented. Microsoft is willing to allow ING North America Insurance Corporation just. I believe her recommendation should be its competitors a great deal of access to the seriously considered. Windows operating system and pertinent MTC–00031316 The settlement goes in and corrects intellectual property rights. Microsoft and the national tax limitation committee whatever competitive advantage Microsoft
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may have had previously. Source codes are 950 Pennsylvania Avenue, NW accommodating to non-Microsoft now open, a monitor has total access to Washington, DC 20530 applications, particularly sophisticated Microsoft’s products, and the watchful eye of Dear Mr. Ashcroft, multi-media applications like RealAudio or the Federal Government will ensure the I am glad that this Microsoft lawsuit has QuickTime. playing field is level. been settled. Aside from the obvious Our national efforts should now be Some competitors will gripe. They will problems that the lawsuit had to begin with, invested in issues like rebuilding our want more. Of course they will want more...it it is certainly an unwanted distraction now economy, creating jobs and strengthening our helps their company. I am writing to say that that more important events in our nation national security. We should net spend any this agreement does enough. It should be have virtually eclipsed the lawsuit’s more time continuing our self-inflicted approved of the technology industry should importance. Besides, it’s a fair settlement in damage to our country’s business community get back to business as usual. its own right, yielding concessions to both by proceeding with any further action against Sincerely, hardware and software companies, including one of our country’s most successful Ron Nehring disclosure to both groups of interfaces and buisnesses like Microsoft. Project for California’s Future protocols within Windows. I am hoping that this settlement will stand, The settlement makes it so that Windows MTC–00031318 and we can move on to more important can be altered to suit hardware companies priorities. 1100 Cova Ciega Isle more effectively if they want to sell non- Sincerely, St. Pete Beach, FL 33706 Microsoft Software with the Windows Rita Bane January 11, 2002 operating system preinstalled. This will be 1–FAX 202–616–9937 Attorney General John Ashcroft especially possible now, because Microsoft U.S. Department of Justice must redesign Windows to make it more MTC–00031319 COMMUNICATIONS REPORT
NO. Des- Date/Time Function tination Duration PGS Status
JAN. 14 17:14 RCV ...... 920 6312247183 0′ 01′ 05′ 001 OK 17:53 RCV ...... 921 573 522 5025 0’00′ 38′ 001 OK 17:54 RCV ...... 922 573 522 5025 0’01′ 34′ 001 OK 18:17 RCV ...... 923 8476472225 0’00′ 41′ 001 OK 18:39 RCV ...... 924 573 526 1384 0’00′ 28′ 001 OK 19:45 RCV ...... 925 337 234 5535 0’00′ 51′ 002 OK 20:02 RCV ...... 926 6618351561 0’01′ 01′ 002 OK 21:22 RCV ...... 927 9133419697 0’00′ 44′ 001 OK 21:39 RCV ...... 928 3253135 0′ 00′ 51′ 001 OK 21:52 RCV ...... 929 0′ 01′ 21′ 004 OK JAN. 15 11:15 RCV ...... 930 9416430207 0′ 00′ 35′ 001 OK 11:47 RCV ...... 931 508 799 4039 0′ 00′ 34′ 001 OK 12:50 RCV ...... 932 000000000000 0′ 00′ 38′ 001 OK 12:54 RCV ...... 933 508 754 2026 0′ 00′ 32′ 001 OK 13:02 RCV ...... 934 8476472225 0′ 00′ 40′ 001 OK 13:04 RCV ...... 935 850 230 4092 0′ 00′ 44′ 001 OK 13:30 RCV ...... 936 0′ 00′ 39′ 002 OK 13:47 RCV ...... 937 8132533280 0′ 01′ 02′ 002 OK 13:53 RCV ...... 938 603 537 2099 0′ 00′ 30′ 001 OK 13:55 RCV ...... 939 425 427 5665 0’00′ 39′ 001 OK 14:0l RCV ...... 940 0′ 00′ 34′ 001 OK 14:23 RCV ...... 941 4213984 0′ 00′ 35′ 001 OK 15:03 RCV ...... 942 520 393 1348 0′ 00′ 54′ 001 OK 15:09 RCV ...... 943 508 831 7558 0’00′ 32′ 001 OK 15:14 RCV ...... 944 000000000000 0′ 00′ 38′ 001 OK 15:29 RCV ...... 945 000000000000 0′ 00′ 41′ 001 OK 15:47 RCV ...... 946 508 755 4178 0′ 00′ 36′ 001 OK 16:24 RCV ...... 947 2059729290 0′ 00′ 30′ 001 OK 16:26 RCV ...... 948 5087938831 0′ 00′ 46′ 003 OK 16:26 RCV ...... 949 0′ 00′ 51′ 001 OK 17:O2 RCV ...... 950 407 851 6591 0’00′ 39′ 001 OK 17:06 RCV ...... 951 0’00′ 28′ 001 OK 17:19 RCV ...... 952 19096263540 0′ 00′ 40′ 001 OK 17:43 RCV ...... 953 3038418373 0’01′ 00′ 001 OK 18:l0 RCV ...... 954 000000000000 0′ 00′ 45′ 001 OK 18:26 RCV ...... 955 000000000000 0′ 00′ 40′ 001 OK 19:45 RCV ...... 956 0′ 00′ 53′ 001 OK 21:21 RCV ...... 957 4067783538 0’00′ 49′ 001 OK JAN. 16 l0:14 RCV ...... 958 0′ 00′ 53′ 001 OK l0:26 RCV ...... 959 5635571591 0’00′ 34′ 001 OK l0:37 RCV ...... 960 0′ 00′ 27′ 001 OK l0:54 RCV ...... 961 5088422252 0′ 00′ 36′ 001 OK 11:17 RCV ...... 962 515 386 4509 0’00′ 41′ 001 OK ll:54 RCV ...... 963 515 296 3015 0’00′ 33′ 001 OK 12:24 RCV ...... 964 515 382 7336 0’00′ 34′ 001 OK 13:21 RCV ...... 965 0′ 00′ 38′ 001 OK 13:41 RCV ...... 966 0′ 01′ 00′ 002 OK 13:44 RCV ...... 967 0′ 00′ 40′ 001 OK 13:45 RCV ...... 968 0′ 00′ 40′ 001 OK
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COMMUNICATIONS REPORT—Continued
NO. Des- Date/Time Function tination Duration PGS Status
13:48 RCV ...... 969 0′ 00′ 27′ 002 OK
MTC–00031320 Jefferson City, MO 65101 I own a small software development 01/16 ‘‘02 01:47 NO.511 02/02 (573) 636–8285 company in New Jersey. I feel impelled to 01/16 ‘‘02 01:47 NO.511 01/02 Capitol Address write this letter because,as a software Fax 202–616–9937 or 202–307–1545 Capitol Building developer, I am appalled by the remedies Jefferson City, MO 65101 proposed by the U.S. Justice Department. MTC–00031321 (573) 751–0665 From a software developer’s point of view, Home Address Fax (573) 526–4766 those remedies don’t address the real issues 2315 Route M W. W. (Bill) Gratz of the Microsoft monopoly at all. Jefferson City, MO 65101 MISSOURI HOUSE OF REPRESENTATIVES Developers need alternative platforms to (573) 636–8285 113TH DISTRICT Microsoft Windows on which they can Capitol Address Committees develop programs for the IBM PC. The Capitol Building Correctional and State institutions (Chair) alternative platforms must be permanently established on most PC’s for the next fifteen Jefferson City, MO 65101 House Travel (Chair) to 20 years in order for software companies (573) 751–0665 Appropriations— to make the considerable investment in time Fax (573) 526–4766 General Administration and money that modem programs require. W. W. (Bill) Gratz Agriculture Developers cannot depend on the vagaries of MISSOURI HOUSE OF REPRESENTATIVES Environment and Energy manufacturers to include of not include Administration and Accounts 113TH DISTRICT alternative platforms at their will. Committees January 16, 2002 I feel strongly that the court should, at the Correctional and State Institutions (Chair) Renata Hesse very least, require Microsoft to continue House Travel (Chair) Trial Attorney—Antitrust Division including Java within Windows. As we all Appropriations— Department of Justice know. Microsoft included Java in Microsoft General Administration 601 D Street Northwest, Suite 1200 Windows 5 years ago. At the time, they Agriculture Washington, DC 20530 indicated that Java would be a permanent Environment and Energy Dear Ms. Hesse: part of future versions of Microsoft Windows. Administration and Accounts Over the years, I have found that when Collectively, millions of hours and January l6, 2002 negotiations result in a little something for millions of dollars of programmers’’ time and Renata Hesse everyone, the negotiations were successful. money have been spent on learning Java Trial Attorney—Antitrust Division This is exactly the result of the recent across the country. Simply taking a trip to Department of Justice negotiations between Microsoft and the U.S. Barnes and Noble and viewing the large 6O1 D Street Northwest, Suite 1200 Department of Justice. The settlement allows number of books devoted to the Java language Washington, DC 20530 Microsoft to create new generation products can easily verify this. Microsoft has now Dear Ms. Hesse: that can help the economy grow and help summarily dropped the Java platform from Over the years, I have found that when businesses better communicate with their Windows XP. This was done in spite of the negotiations result in a little something for customers and clients. Additionally, the fact that they surely knew that this action everyone, the negotiations were successful. needs and concerns of Microsoft’s would cause huge losses and problems in the This is exactly the result of the recent competitors were taken into account in the programming community. negotiations between Microsoft and the US. final agreement. In addition, there are now more than 9 Department of Justice. The settlement allows I support the recent agreement between the million web pages that contain Java applets. Microsoft to create new generation products Justice Department and Microsoft. I regret Consumers who purchase Windows XP and that can help the economy grow and help that a Committee and the court system have access those pages are going to have to businesses better communicate with their had a hand in developing the future of endure a long and arduous wait while a customers and clients. Additionally, the software design instead of the free market. At software plug-in is installed on their machine needs and concerns of Microsoft’s the same time, this entire process was an over the Internet. It is obvious that Microsoft competitors were taken into account in the effort on the part of competitors to cripple cares little for problems they cause in the final agreement. Microsoft and eliminate competition. programming community or in the consumer I support the recent agreement between the Point-of-sale shouId be the true test of community at large. Justice Department and Microsoft. I regret competition. Either your product is Ideally, Microsoft should be required to that a Committee and the court system have marketable or it is not. The courts and include the next two most popular had a hand in developing the future of regulatory agencies have no role in this programming platforms—Java and Linux, software design instead of the free market. At important process when job creation and along with Microsoft Windows. Both the same time, this entire process was an small business development is at stake. platforms are available free to Microsoft. effort on the part of competitors to cripple Sincerely, There is no reason why they should not be Microsoft and eliminate competition. W.W. (Bill) Gratz included except, of course, that they are a Point-of-sale should be the true test of WG/lh direct threat to the Microsoft monopoly. competition. Either your product is Microsoft Windows is an excellent product, marketable or it is not. The courts and MTC–00031323 but it cannot accomplish some things that regulatory agencies have no role in this chroma cad Java can accomplish easily. The same is true important process when job creation and palette imaging of Linux. All of these platforms have small business development is at stake. 47 South Street Norwood, NJ 07648 different strengths and weaknesses. These Sincerely, January 15, 2002 platforms should be included In such a W. W. (Bill) Gratz Renata Hesse, Trial Attorney manner that they cannot be altered or deleted WG/lh Suite 1200, Antitrust Division by manufacturers (thereby averting Microsoft Department of Justice pressures). This would give programmers a MTC–00031322 601 D Street NW., choice of three reliable long-range Home Address Washington, DC 20530 programming platforms and would stimulate 2315 Route M Dear Ms. Renata Hesse: a competitive environment. We would surely
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see prices of development software drop and Microsoft’s innovations has lead to great and have even come here to achieve it, then the software quality of all the platforms benefits for the customer. You must agree we why have we prosecuted a company that has improve competitively. Most users of have better products at lower prices. been such a good representation of the personal computers are aware of the poor Sincerely, American Dream? record that Microsoft has in making Ronnie Miller I am speaking of the Microsoft case. Windows a reliable trouble-free product. The State Representative Microsoft has been legally pursued for too reason for this is quite likely that they assign District 133 long, and the recent settlement provides a few engineers to the job of maintaining a fair and just ending with nine prosecuting monopoly product that people are forced to MTC–00031325 states. The settlement was fair for a number buy anyway. Competition would David D. Jamison of reasons: Microsoft agrees not to punish undoubtedly force them into assigning more Story County Treasurer companies that do not promote their engineers to making their own product more 3244 Cameron School Road products, and they go even further by sharing reliable. Ames, IA 50014 their intellectual property when it is I am sure that, from the point of view of Judge Kolar Kottely necessary. I am glad to see a settlement was most software developers, any resolution of c/o Renata Hesse reached and support the agreement the Microsoft case that does not, at the very Trial Attorney completely. least, require Microsoft to continue U.S. Department of Justice-Antitrust Division As someone who has spearheaded two supporting the latest versions of Java would 601 D Street NW., Suite 1200 startup companies in the technology industry be viewed as a complete collapse to Washington, DC 20530 here in Iowa I understand the investments Microsoft. It would simply serve to Dear Judge Kottely, that have to be made and the risks that have institutionalize, by government decree, their Here in Iowa, like much of the nation, we to be taken. Microsoft has taken the risk, platform monopoly on the PC. As a software are facing some difficult times. The economy made billions of dollars in investments, and developer, I feel strongly that forcing is stagnant, countless jobs are being lost, and contributed a great deal to the technology Microsoft to vend other popular competitive there is no one clear answer to fix all our industry. It was high time that we brought development platforms along with their own problems. A recovery will take time, patience platform should be the very first priority in this lawsuit to a proper ending. and sound judgment. One event that will resolving this case. Remedies involving Thank you for your attention to my undoubtedly help the economy is the Microsoft’s contractual relations with thoughts. Microsoft settlement. This agreement builds manufacturers are of secondary importance. Sincerely. new relations with Microsoft and the Software developers need alternative Kevin Kimle computer makers; it is fair to all parties and platforms that are stable, fixed and long term our economy will benefit from it. MTC–00031327 and we need to know that these platforms are As far back as the 1980s, Microsoft was an Guy W. Richardson installed on all machines and will remain on integral part of this country’s economic 705 W. Sunset Road all machines that Microsoft Windows is expansion. Jefferson, Iowa 50129 installed on. If this were accomplished we would have the confidence to spend time and The arrival of Microsoft did many things it 515–386–2220 money on developing new applications created jobs, produced an abundant number January 16, 2002 under new platforms for the PC. In time, this of businesses and companies, and a great Judge Kolar Kottely would effectively end most of the problems deal of wealth and capital was made c/o Renata Hesse caused by the Microsoft monopoly, not just available to people. By choking Microsoft Trial Attorney—Antitrust Division put a band-aid on the symptoms. with harassing legal proceedings, a recovery U.S. Department of Justice Respectfully yours, from the current recession was made all the 601 D Street NW., Suite 1200 Marver Seamen more impossible. This recent settlement, Washington, DC 20530 President however, was a step in the right direction for Dear Judge Kottely, Palette Imaging Inc. our economy and the millions of Americans I am a Greene County Supervisor and own who depend on a healthy economy to a small business here in Iowa, I am MTC–00031324 support their families. intimately aware that our nation is enduring CAPITAL OFFICE This is a challenging time for our nation. some serious problems. One thing that will State Capitol It was the right thing to do when the Justice give a boost to all of America is the 201 West Capitol Avenue Department and the nine states settled the settlement of the Microsoft case. This was a Jefferson City, MO 65101–6806 Microsoft case. I strongly support that, and fair and reasonable ending to a complicated Tele: 573–751–1347 believe it will help our economy rebound. problem. Fax: 573–522–9179 Your consideration is very much The idea of continuing litigation against E-Mail:[email protected] appreciated. Microsoft was simply a bad idea, and the HOME ADDRESS Sincerely, nine states that decided to settle, made the P.O. Box 5 David Jamison right decision. The settlement permits other Stockhull, MO 65046 Story County Treasurer companies to use Microsoft’s intellectual Tele: 417–276–3343 property and is a good settlement for MTC–00031326 RONNIE MILLER everyone. State Representative From the Desk of Kevin Kimle Our nation’s economy is bleak enough, and District 133 3227 Lettie Street the removal of this lawsuit will help all of January l6, 2002 Ames, IA 50014 us. Thank you for taking time out from your Renata Hesse (515) 293–2502 (w) busy day to read my point of view. Trial Attorney-Anti-Trust Division (515) 293–3845 (h) Sincerely, Department of Justice [email protected] Guy W. Richardson 601 D. Street Northwest, Suite 1200 January 14, 2002 Washington, DC., 20530 Judge Kolar Kottely MTC–00031328 Dear Ms. Hesse: c/o Renata Hesse Kenneth Simoncini I believe the settlement between the Justice Trial Attorney—Antitrust Division Commerce Park, Department and Microsoft is fair. As I U.S. Department of Justice 420 Boston Tpke., understand between $25 and 35 million 601 D Street NW., Suite 1200 Shrewsbury, MA 01545 dollars of taxpayer money has already been Washington, DC 20530 (508) 845–1559 spent on this anti-trust case. Please keep the Dear Judge Kottely, FAX (508) 842–2252 taxpayer in mind, I really feel the last thing I hope that no one in this country takes for Member of: National Society of Tax we need is more litigation and regulation of granted that we have countless opportunities Professionals high-tech business’s during this time of to be successful! If people from other nations National Association of Income Tax challenges of economy and our nation at war. recognize and respect the ‘‘American Dream’’ Preparers
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January 11, 2002 These concessions as you can see do This began the economic expansion and Renata Hesse nothing to protect consumer. continued with Windows 95, 98, 2OOO and Trial Attorney Even with the flawed settlement in place, the rest. Antitrust Division I think it is in the best interest of the IT Suddenly half the country was computer Department of Justice sector, our economy, and the public for the proficient and had purchased a PC, along 601 D Street NW., Suite 1200 settlement to come to fruition. Microsoft with Internet access, software packages, Washington, DC 20530 needs to be able to focus on business and the printers, scanners and all the other goodies VIA FAX: 202–616–9937 government should be putting its muscle into that they wanted. Behind this, all the while, Dear Attorney Hesse more pertinent issues instead of interfering was Microsoft—along with Compaq, Toshiba, It is my understanding that the Justice with software design. I urge your office to Gateway, Apple, Electronic Arts and all the Department is seeking input, regarding the take a firm stance on this and help others. Windows has been named on some proposed settlement in the Microsoft lawsuit. discontinue any opposition to settlement. lists the most important tool of the 20th As a small businessman, I understand Thank you. century. competition. Competition is healthy for the Sincerely, For this, we want to haul Bill Gates to the American economy. I use Microsoft products Scott Garvey hoosegow. in my business and they have been a great This recently negotiated settlement at least help to me. They have allowed me to better MTC–00031331 has the advantage of ending this litigation, serve my clients and to manage my business. 229 Windmere Trail even though it forces Microsoft to do some As far as I can tell, there has been no Moneta, Virqinia 24121 things not envisioned in the lawsuit, such as consumer harm as a result of any actions January 16, 2002 divulging its interoperability protocols. It is taken by Microsoft. Microsoft’s innovations Attorney General John Ashcroft better for all concerned with this suit to settle have, in fact, helped many small businesses, US Department of Justice it and be done with it. I support the such as mine grow. 950 Pennsylvania Avenue, NW., settlement and dearly hope that this sort of Given the state of our economy right now, Washington, DC 20530 thing does not happen again. we should do everything possible to spur Dear Mr. Ashcroft; Kevin C Donohue, President growth, not hinder it. I am writing you today to express my Greywolf Technologies, Inc. An additional benefit in the settlement, is feelings in regards to the Microsoft settlement Microsoft CERTIFIED Partner the proposed donation of over 200,000 that was reached on November 2, 2001. I Voice 860 456 3322 fax 860 423 9133 computers to our nation’s public schools. I fully support Microsoft, and I am relieved to [email protected] whole-heartedly endorse this provision, see this dispute settled and resolved. www.greywolftech.com which will help erase the digital divide in Under this agreement, Microsoft must our public schools. share more information with other MTC–00031333 I hope that the government will reach a companies, such as, disclosing information January 16, 2002 settlement in this case. about certain internal interfaces in Windows. Attorney General John Ashcroft Sincerely yours, Microsoft must also design future versions of United States Department of Justice Kenneth Simoncini Windows to make it easier to install non- 950 Pennsylvania Avenue, NW Microsoft software. Additionally, Microsoft Washington, DC 20530–0001 MTC–00031329 will adhere to a uniform pricing list when Dear Mr. Ashcroft: JULIE SCHWARTZ licensing Windows out to the twenty largest I am writing this letter so that I may give 3111 STONE OAK DRIVE computer companies in the United States. my support to the settlement that has been LOS ANGELES, CALIFORNIA 90049 I support Microsoft in this dispute and feel reached between the Microsoft Corporation PHONE: 310–471–4732 FAX: 310–471–8091 that this settlement will benefit the economy, and the Department of Justice. For well over FAX TRANSMISSION the technology industry, and consumers. two years, the American economy has been DATE 1–16–02 TIME 3:30 PM Thank you for ending this litigation. doing poorly, Americans have been losing TO DEPT OF JUSTICE FAX 1–202–307–1454 Sincerely, their jobs and now we are in a recession. The RE Microsoft Settlement George Burnop antitrust suit against Microsoft has had a bad Enough already! affect on our economy. Whats wrong with giving to poor & MTC–00031332 Microsoft has been extremely beneficial to disadvantaged. Greywolf Technologies, Inc. America, but for the past several years they You are listening to competitors. PO Box 126,700 Main St. have had to spend their time and resources TRANSMITTED BY Julie Schwartz Willimantic, CT 06226 on legal battles with their own government. January 16, 2002 Microsoft has been responsible for providing MTC–00031330 Attorney General John Ashcroft jobs to thousands of people, donating January 16,2002 U.S. Department of Justice millions of dollars to charities, and Attorney General John Ashcroft 950 Pennsylvania Avenue, NW., simplifying the American computing US Department of Justice Washington, DC 20530 industry. It seems to me that government 950 Pennsylvania Avenue, NW., Dear Mr. Ashcroft, interferes too much with business. Washington, DC 20530–0001 For all the critics and detractors that Competition and capitalism are good for Dear Mr. Ashcroft: Microsoft has had, lost in that clamor is the Americans and the American economy. I am writing to express my opinion that the fact that Microsoft was, in large measure, Forcing a corporation to turnover their antitrust settlement is flawed, but ultimately responsible for driving our economy during intellectual property is not right. in the best interest of the American public. the longest period of economic expansion The government should not force Microsoft The problem is that the lawsuits from the that our country has experienced in a long or any other company to share what they start have not addressed the real problem, time. Prior to that economic expansion, a few develop. which is Microsoft’s heavy-handed marketing brave souls were huddled around the 286’s The case against Microsoft should be tactics. Instead it focused on giving slogging through DOS. Then Microsoft came settled immediately. competitors an edge that they did not have along with a vast improvement called Sincerely, before, Windows and suddenly the IT business was Nancy Nottonson For instance, under the terms of the opened up to virtually anyone who could 171 Marlborough Street settlement, Microsoft will be disclosing plink down a few hundred bucks for a PC. Boston, MA 02116–1887 internal interfaces and protocols that are part Prior to the mid-1980’s business was of their Windows’’ operating system terrorized by a lack of technology standards, MTC–00031334 products. They will also be granting incompatible equipment, high costs, and Christopher Durant computer makers broad new rights to slow development. Mail: P.O. Box 57978 configure Windows so as to promote non- Microsoft was the sheriff who tamed that Sherman Oaks CA 91413 Microsoft software. chaos. Work Phone: (818) 562–2627
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Home Phone: (818) 994–8513 member, the Department of Justice Microsoft has also agreed not to retaliate E-mail (work): [email protected] appointing another, and the two sides against software or hardware developers who E-mail (home): [email protected] agreeing on the third. This means that develop or promote software that competes January 16, 2002 Microsoft gets to appoint half of the members with Windows or that runs on software that Attorney General John Ashcroft of the group watching over its actions. competes with Windows—as well as US Department of Justice, 950 Pennsylvania The committee is supposed to identify computer makers who ship software that Avenue, NW violations of the agreement. But even if the competes with anything in its Windows Washington, DC 20530–0001 committee finds violations, the work of that operating system. RE: Microsoft Settlement committee cannot be admitted into court in Enough is enough. No more litigation Dear Mr. Ashcroft: any enforcement proceeding. This is like against Microsoft is needed on the federal I believe strongly that the Microsoft allowing a football referee to throw as many level. Thank you. Corporation is one of America’s greatest penalty flags as he likes for flagrant Sincerely, assets. It is a company that provides violations on the field, but prohibiting him Adelia Ockerbloom constantly improving products that help from marching off any penalties. cc: Senator Rick Santorum make tens of millions of people more 2700 Westown Parkway o Suite 200 o West MTC–00031337 productive, happier, and richer. Des Moines, Iowa 50266 We live in an increasingly global economy. Phone 515–453–9590 o Fax 515–222–0565 SmartSoft Custom Software Engineering for When the U.S. Government attacks and tries E-mail [email protected] o Web Microsoft Operating Systems to cripple a domestic company that has CRGpros.com January 16, 2002 become ‘‘too’’ successful, there is no shortage Sent by: Executive Offices 5152513919; 01/ Attorney General John Ashcroft of foreign competition that will gladly step in 17/02 4:26AM;JetFax #418;Page 3/3 Finally, US Department of Justice to take market share, unencumbered by Microsoft must comply with the lenient 950 Pennsylvania Avenue, NW governments with beliefs in forced restrictions in the agreement for only five Washington, DC 20530 ‘‘equality’’ between corporations, regardless years. This is not long enough for a company Dear Mr. Ashcroft: of the value or contributions that the found guilty of violating antitrust law. I am writing to urge the Department of companies make. Sadly, the proposed final judgment by Justice to move forward expeditiously with Microsoft has never harmed me. Its its proposed settlement with Microsoft. I Microsoft and the Department of Justice has products have enhanced my life have followed this antitrust lawsuit very the potential to make the competitive tremendously. If Microsoft is a monopoly, closely after working for Microsoft from 1989 landscape of the software industry worse, why does it continually improve its products through 1994. I currently work as an contains so many ambiguities and loopholes and lower its prices? independent software engineer helping that it may be unenforceable, and is likely to For the good of the American economy and hardware and software manufactures bring lead to years of additional litigation. consumers everywhere, please settle with innovative products to the American public. The end result is that this proposed Microsoft as soon as possible. Doesn’t the I feel the proposed settlement is a fair settlement allows Microsoft to preserve and U.S. Government have better things to do proposal. The terms of the settlement show than fight one of the best things that has ever reinforce its monopoly, while also freeing Microsoft’s desire to correct what the happened to this country? Microsoft to use anticompetitive tactics to government feels are improper practices. Sincerely, spread its dominance into other markets. Stiffer terms would punish Microsoft for Christopher Durant After more than 11 years of litigation and operating successfully within our free investigation against Microsoft, surely we enterprise system. The nine states agreeing to MTC–00031335 can—and we must—do much better than this the settlement terms are encouraging January 16, 2002 flawed proposed settlement between the innovation, strengthening the economy and Hon. Colleen Kollar-Kotelly company and the Department of Justice. the tech industry both at state and national U.S. District Court, District of Columbia Thank you for your time. levels. These terms give companies the c/o Renata B. Hesse Sincerely, ability to develop Windows based software Antitrust Division tom Keating applications faster, utilizing far less U.S. Department of Justice President resources, which keeps development costs 601 D Street NW, Suite 1200 Career Resources Group down and ultimately benefits consumers by Washington, DC 20530–0001 2700 Westown Parkway, Suite 200 allowing them to spend less for better Dear Judge Kollar-Kotally: West Des Moines, IA 50266 applications. The proposed settlement between the MTC–00031336 In conclusion, I fully support having the Department of Justice and Microsoft in U.S. proposed settlement put into force without v. Microsoft falls far short of what is needed 14 War Admiral Lane delay. This will greatly benefit innovation in to put an end Microsoft’s pattern of predatory Media, PA 19063–6238 the tech industry, benefit consumers, and practices. January 16, 2002 spur state and national economic growth. Its enforcement provisions are vague and Attorney General John Ashcroft Sincerely, unenforceable. The five-year time frame of United States Department of Justice John Hensley the proposed settlement is much too short to 950 Pennsylvania Avenue, NW 12421 Hardee Road o Raleigh, NC 27614– deal with the antitrust abuses of a company Washington, DC 20530–0001 9234 that has maintained and expanded its Dear Attorney General Ashcroft: Tel (919) 846–1741 monopoly power through fear and After three long years of costly court Fax (919) 846–1585 intimidation. battles, the federal government has settled its This proposed settlement clearly fails to antitrust lawsuit against Microsoft. This MTC–00031338 meet the standards clearly laid out by the settlement will have profound implications Carl T. Bowen appellate court. In fact, the weak settlement for all software publishers, the rest of the 6715 Hempstead Court between Microsoft and the Department of American Information Technology industry Suwanee, GA 30024 Justice ignores key aspects of the Court of and American consumers. January 16, 2002 Appeals ruling against Microsoft. For Under the agreement, Microsoft is forced to Attorney General John Ashcroft example, the proposed settlement permits grant computer makers new rights to US Department of Justice Microsoft to define many key terms, which configure Windows so as to promote non- 950 Pennsylvania Avenue, NW is unprecedented in any law enforcement Microsoft software programs that compete Washington, DC 20530–0001 proceeding. with programs included within Windows. Dear Mr. Ashcroft: The weak enforcement provisions in this The companies will now be free to remove The settlement with Microsoft has my full proposed deal leave Microsoft free to do the means by which consumers access support. We must allow a return to business practically whatever it wants. various features of Windows. They can now for the tech industry as soon as possible. A three-person technical committee will be replace access to those features with access There are many changes required by the appointed, which Microsoft appointing one to non-Microsoft software. settlement. For instance, Microsoft has
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agreed to a ‘‘Technical Committee’’ that will Attorney General John Ashcroft complained that the deal was monitor Microsoft’s compliance to the US Department of Justice, 950 Pennsylvania anticompetitive. U.S. District Judge Frederick settlement. Also, Microsoft has agreed to Avenue, NW Motz agreed and last week quashed the license its Windows operating system Washington, DC 20530–0001 settlement-though holding out hope it might products to the 20 largest computer makers January 11, 2002 be revived at a higher price. on identical terms, including price. Plus, Dear Mr. Ashcroft: What a spectacle. It’s understand- able that Microsoft has agreed not to retaliate against After a three year legal dispute between the Microsoft wants to end years of litigation and computer makers who ship software that federal government and Microsoft, I was get on with life as a software company. But competes with anything in its Windows pleased to hear that a settlement was finally the truth is that this latest act of penance will operating system. Clearly, these changes will reached. I sincerely hope that no further serve no one but the legal firm of Corporate benefit both consumers and the economy. action is being considered at the federal Shakedown & Artists. The settlement will not only be fair and level. Microsoft probably won’t gain by go- ing reasonable but also will prevent future Considering the terms of the agreement, forward. The company may have seen this as anticompetitive behavior. In addition, the Microsoft did not get off easy. In fact, a way to score some public relations points recession has had a big effect on the Microsoft is now left to make several while concluding the litigation. Instead, economy, and this settlement may spark a significant changes to the ways that they Apple did its own PR job, making it look as new upswing. handle their business. For example. though Mi- crosoft was using the settlement Sincerely, Microsoft has agreed to grant computer to mo- nopolize the schools market. Carl T. Bowen makers broad new rights to configure Nor are schools benefiting. Studies show Windows so as to promote non-Microsoft that simply adding computers to Failing MTC–00031339 software programs that compete with environments doesn’t help. These are some 105 Stirrup Lane programs within Windows. Computer makers of the most disadvantaged facilities in the Thornton, Pennsylvania 19373 will now be free to remove the means by country; what they need are real curriculums, January 11, 2002 which consumers access various features of devoted teachers and (we might add) Attorney General John Ashcroft Windows. Computer makers can replace competition, not the latest version of US Department of Justice those features with access to non-Microsoft Microsoft Oulook. 950 Pennsylvania Avenue, NW software. And then there’s the judicial branch, Washington, DC 20530 With the many terms of the agreement, which once again finds itself drawing lines Dear Mr. Ashcroft, there should be no reason to pursue further in the sandbox between Microsoft and its The lawsuits pending against Microsoft by litigation on any level against Microsoft. competition. In retrospect, what motivated the US department of Justice and the states Microsoft represents the best of the American the government’s own case was Microsoft’s have gone on long enough. I am happy to see economy and the American ideal of success competitors-Netscape, Oracle- which used a tentative settlement has occurred between through hard work and innovation. The the courtroom to accomplish what they Microsoft and the US Department of Justice, government should never have interfered to couldn’t in the marketplace. Judge Motz now but I am concerned that nine states are begin with, and there should not be any faces the similarly unpleasant task of continuing litigation. further action. apportioning tech markets. During this time of economic recession, we cc: Senator Rick Santorum Finally, there’s the matter of the plaintiffs. must rely on our industries Microsoft is the Sincerely, Ridiculous as the suits are (America’s cheap leading technology industry company with Nick Olson technology prices are the envy of the world), unprecedented growth rates over the last these people expected something. Instead, MTC–00031341 decade The suits which are being filed their lawyers realized that parceling out a against Microsoft could be filed against any From: Bert McLachlan settlement would mean each of the 65 other company in the country and I honestly 3524 West 97th Place million consumers who had ‘‘overpaid’’ get do not think that any business would be able Leawood, Kansas 66206 the grand sum of $10 and crafted the school to operate if they were forced to take on the Re: Microsoft Settlement option instead. restrictions that Microsoft will have to. For Wall Street Journal 1–16–02 Someone benefits, of course. example, Microsoft will have to ignore Another Pound of Microsoft Tucked into the bottom of the settlement intellectual property rights and share, with In a perfect world, Microsoft’s anti-trust was a line stating that, in addition to the other companies, critical information about headaches would have ended in November school gift, Microsoft would be reponsible for how the Windows operating system works. when it settled with the Justice Department. ‘‘reasonable’’ attorney fees to be determined The system is allowing rich cry-babies like But a perfect world wouldn’t have nine state by the court. Seeing as how the plaintiffs’’ Scott McNeil and others to use the anti-trust attorneys general who still object to the deal attorneys in question are Michael Housfeld laws for furthering their own businesses. A and plaintiffs’’ lawyers whose main job is to and Stanley Chesley-the class action wizards careful scrutiny of their business practices shoot the wounded. who have sued cigarette makers, gunmakers, would also reveal similar so-called anti-trust Such imperfection is why we are today IBM, Goodyear, Texaco, well you get the laws. Also, to allow each state to individually faced with yet another strange Microsoft picture- ‘‘reasonable,’’ in their minds is a sue is also calling for 50 additional settlement. This one is over the more than percentage; these guys tend to get a bare individual biases. Is this justice? 100 class-action lawsuits filed by consumers minimum of 10% to 15%. I urge the US Government to discontinue who claim Microsoft’s ‘‘monopolistic’’ So consumers get a ‘‘social benefit’’ and the its meddling in private affairs and focus on pricing policies meant they were overcharged lawyers could get a cool $150 million. other more important issues. The best for Windows software. We have seen this so many times, it is like interests of the American Public will be Reasonable people might wonder how a bad cable movie. Microsoft, too knows how served only when these lawsuits are dropped Microsoft could be guilty both of the story goes. Whether the lawsuits are and Microsoft is allowed to focus on undercutting competitors’’ prices (a frivolous or not, its options are the same: The business, not politics. government claim) and charging con- sumers company can chance years of litigation in Sincerely, too much. But if the only goal here is for dozens cases, or it can simply sign over one Vinod Rao class-action attorneys to ex- act their own big, hundred-million dollar payoff to the cc: Senator Rick Santorum pound of flesh, the claims make perfect plaintiffs’’ bar. Sooner or later the US sense. political system has to come to grips with MTC–00031340 Microsoft agreed to settle the lot by this kind of legal extortion. TO. Attorney General John Ashcroft donating more than $1 billion in cash. CC Sen. Rick Santorum software, computer equipment and support MTC–00031342 RE: Microsoft Settlement to 14,000 impoverished schools; as the THE GREAT SEAL OF THE STATE OF Nicholas J. Olson opposing attorneys put it, this provided a NORTH CAROLINA 3311 Powelion Avenue Apt 3R ‘‘social benefit.’’ This latest humbling was North Carolina General Assembly Philadelphia, PA 19104–2731 under way when Apple Computer Senate Chamber
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State Legislative Building Microsoft. All hardware and software development. It is that research and Raleigh 27601–2808 running A-OK in 98 and ME would not run development which fuels the growth of the SENATOR A. B. SWINDELL in XP. I paid $99.00 + tax to install it and technology industry. 10TH DISTRICT register it and after a week of trying to get my The courts decision on this matter has the OFFlCE ADDRESS: ROOM 521, recently purchase software and hardware to potential to affect the software and LEGISLATIVE OFFICES BUILDING work but not work with XP, I cannot get a technology world for years. I hope that you RALEIGH. NC 27601–2808 refund because I opened the package and will accept the settlement and clear the way TELEPHONE: (9I9) 733–5655 registered it, but it is now sitting on a shelf for the computer industry to get back to (919) 754–3286 FAX by my computer and I will not use it. So far, business. HOME ADDRESS: 700 BlRCHWOOD DRlVE the companies I have purchased hardware Sincerely, NASHVILLE, NC 27856 and software are not putting out updates. ‘‘I Deborah Krause COMMITTEES: have to purchase new equipment or software President / CEO APPROPRIATIONS to use my already owned equipment in 510 First Avenue, Suite 405 NATURAL AND ECONOMIC RESOURCES Windows XP’’. San Diego, California 92101 COMMERCE Microsoft did not tell me I would have to Phone: (858) 566–4950/(619) 255–6931 EDUCATION/HIGHER EDUCATION purchase new software or hardware to use Toll-Free: (877) 861–8880 Fax: (858) 566– FINANCE XP, but I do!!!! Microsoft should not have 4674/(619) 269–7192 RURAL DEVELOPMENT—VICE CHAIR come out with XP until all 3rd party Website: www.hrbydesign.net Email: RULES & OPERATIONS OF THE SENATE companies that have software and hardware [email protected] TRANSPORTATION (printers, scanners. cameras) running in MTC–00031345 WAYS & MEANS Microsoft’s operating system come up with January 16, 2002 updates to go with the Windows XP CD. Power to know. Power to Grow FAX Ms. Renata B. Hesse Did you know that with Microsoft’s basic Re: Microsoft Settlement U.S. Department of Justice patch they offer for Hewlett Packer printers Date : 1/16/02 Antitrust Division to let them work in Windows XP, will only From: R. Rusty Harder 601 D. Street NW, Suite 1200 do ‘‘basic’’ printing. Why not the full feature Commwnts: Washington, DC 20530–0001 that runs in 98? Even the basic patch has 1606 Golden Aspen Drive Suite 108 Transmitted Via Fax (202) 307–1454 bugs. It is automatically set to print the last Ames, IA 50010 Re: Support for Microsoft Settlement page first in multi pages, but the setting is Phone (515) 233–8720 Dear Ms. Hesse: actually set for first page first. You have fool Fax: (515) 956–9388 This letter is to express my support for the the printer into thinking it is printing last www.e-markets.com settlement that the U. S. Department of page first by selecting last page first to get it January 15, 2002 Justice and several states, including North to print first page first. Judge Kolar Kottely Carolina, have reached with Microsoft. I now believe that Microsoft is out to make c/o Renata Hesse Resolution of this matter will boost the all the money they can and not 1.) get the Trial Attornwy technology sector, which represents a large bugs out before release, 2.) care about Antitrust Division segment of the North Carolina economy and, providing support, 3.) make their system U.S. Dapartment of Justice for that reason, it will be well to have this users spend more money on each upgrade. 601 D Street NW, Suite 1200 matter resolved. I feel this settlement will Have you tried to get support about a Washington, DC 20530 promote new investment opportunities in problem? I can’t. Dear Judge Kottely, technology, as well as enhance competition And if I happen to get through, they cannot This letter is in regard to the Microsoft in all aspects of the industry and this will fix it!!!!! settlement. As a company founder and vice greatly benefit consumers. Thanks for listening. president of E-markets, I have to make tough It is my opinion that this settlement (Charles W. Reid) decisions every day. Sometimes I have to represents a reasonable compromise that has make a quick judgment with little MTC–00031344 earned bipartisan support. I strongly urge information to go on and other times it is a approval of this settlement by both the Human Resources by design long, drawn-out process with reams of data Department of Justice and the court. January 16, 2002 to analyze and no particular time limit. Based Cordially, VIA FACSIMILE on the information I’ve seen, the Microsoft A.B. Swindell, IV (202) 616–9937 settlement is a good deal and should be ABS:mmh Renata Hesse, Trial Attorney accepted by all parties. Antitrust Division. Department of Justice Microsoft agrees to a host of new MTC–00031343 601 D Street NW. Ste 1200 provisions that provide for a fair settlement; From: Charles W. Reid Washington, DC 20530 they established new relations with computer 110 Tutty Loop Ms. Hesse, manufacturers, and agree to share intellectual Houma, La. 70363 I am extremely troubled by the idea of the property. It seems to me that Microsoft has PH: 985–868–8307 courts rejecting the settlement currently on already done a lot of good with the money To: Attention: Renata B. Hesse the table in US v. Microsoft I believe a it has made, and this agreement is worth [email protected] rejection of the settlement will have a accepting. One of the details I read about in Dear Renata B. Hesse: seriously negative impact on the research and the news, and it seems very fair, states that I read an article in the Houma Courier that development coming out of the technology Microsoft consents to the establishment of a I can voice my opinion on the Microsoft industry right now. ‘‘Techncal Committee’’ that will monitor settlement. Microsoft, as a company, invests more Microsoft’s compliance with the settlement. At first I was on Microsoft’s side and resources than any other company in the Anyone who believes that Microsoft is not though they were getting a bad rap for ‘‘their software industry on research and complying with the settlement will be free to ‘‘product. AS of now, I am not so sure. My development. They fund companies across lodge a complaint with an ‘‘Internal recent experience with Windows XP turned the world with their research and Compliance Officer’’ at Microsoft my view against them. development efforts as well. Because of this (established by the settlement), the Why???? First off, Microsoft came out with case and the insecurity it has caused in the Department of Justice or any of the state Windows XP and said it was great and a technology industry and among Microsoft plaintiffs that are parties to the settlement. fabilious upgrade and we should purchase it brass, money being infused into research and I support this settlement. Thank you for and it would solve all out compatablility development is considerably less than it hearing my opinion. problems. What they didn’t tell us was that should be. Sincerely, all out software and hardware that ran in I am very confident that, should the R Rusty Harder Windows 98 2nd Edition or Milinium would settlement be accepted, resources will Cofounder, Director and VP of Client not run with XP unless approved by continue to flow back into research and Solutions
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E-Markets, Inc. As I did for those years, I would urge the Gareth Dunleavy judge to move forward and approve the MTC–00031349 MTC–00031346 settlement for many reasons. January12, 2002 First, the settlement was approved by our Christopher Durant Department of Justice attorney general in North Carolina and now Mail: P.O. Box 57978 Washington DC the taxpayers of our state no longer have to Sherman Oaks, CA 91413 Re: MICROSOFT SETTLEMENT! fund that activity. Second, I believe that Work Phone: (818) 562–2627 I’m very disappointed at the prolong case when a fair compromise can be reached, it is Home Phone: (818) 994–8513 against Microsoft and that 9 states are still best to do so as quickly as possible. E-mail (work): [email protected] fighting the case even though I thought an Otherwise, cases get dragged out in our E-mail (home): [email protected] agreement had been reached. The only system for many years, sometimes ultimately January 16, 2002 winners here are the lawyers as they have coming to settlement years later. Meantime, Attorney General John Ashcroft won in so many cases at the expense of the more taxpayers’’ money is consumed as was US Department of Justice, 950 Pennsylvania consumer. Not only are they paid exuberant $30 million in the federal case against Avenue, NW fees, but the CONSUMER ends up the Microsoft As a legislator who is concerned Washington, DC 20530–0001 LOSER! Eventually all cost of defending the about economic development and education RE: Microsoft Settlement cases are passed on to the CONSUMER! in our state, I believe it is not in the best Dear Mr. Ashcroft: From what I can determine with the interest of anyone to have such lawsuits I believe strongly that the Microsoft information available the settlement is lingering over a major corporation. This is Corporation is one of America’s greatest FAIR!!!! especially true of Microsoft which has a assets. It is a company that provides Please let’s not have another IBM fiasco, facility in North Carolina. What lawsuits can constantly improving products that help where alot of money was spent and the case do to the economy is not good. Several years make tens of millions of people more was dismissed. Let’s move on with this case ago when initial negotiations in the lawsuit productive, happier, and richer. and force the states to accepted the agree- broke down, the downturn among Microsoft We live in an increasingly global economy. ment so that business can go on. and other tech stocks had a great negative When the U.S. Government attacks and tries Sincerely impact on the market and the financial to cripple a domestic company that has Gene Pizzato become ‘‘too’’ successful, there is no shortage accounts of millions of individuals. Even 6007 E. Harvard Street of foreign competition that will gladly step in though such ups and downs are inevitable, Scottsdale, AZ 85257 to take market share, unencumbered by I believe that the market causes, not governments with beliefs in forced government intervention should be the cause. MTC–00031347 ‘‘equality’’ between corporations, regardless Even though I am not an attorney, it seems THE GREAT SELA OF THE STATE OF of the value or contributions that the that both Microsoft and the federal NORTH CAROLINA companies make. government have come out with both North Carolina General Assembly Microsoft has never harmed me. Its positive and negative. House of Representatives products have enhanced my life State Legislative Building Sincerely, tremendously. If Microsoft is a monopoly, Raleigh 27601–1096 Lyons Gray why does it continually improve its products REPRESENTATIVE LYONS GRAY MTC–00031348 and lower its prices? 39TH DISTRICT For the good of the American economy and 7 Riverwoods Drive OFFICE ADDRESS ROOM 533 LEGISLATIVE consumers everywhere, please settle with Exeter, New Hampshire 03833 OFFICE BUlLDING Microsoft as soon as possible. Doesn’t the January l4, 2002 RALEIGH, NC 27601–1096 U.S. Government have better things to do Attorney General John Ashcroft TELEPHONE: (919) 733–5820 than fight one of the best things that has ever US Department of Justice (919) 838- 1737 FAX happened to this country? 950 Pennsylvania Avenue, NW HOME ADDRESS: 420–C WEST FOURTH Sincerely, ST. Washington DC 20530 Christopher Durant WINSTON-SALEM, NC 27101–2837 Dear Mr. Ashcroft: TELEPHONE. (336) 722–2311 I strongly support the decision to put an MTC–00031350 COMMITTEES end to the Microsoft antitrust litigation. PACIFIC ENERGY CONSULTANTS, INC. FINANCE Enough damage has been done. Our economy 993 OAK LANE ETHICS, VICE CHAIRMAN has obviously been adversely impacted, and ESCONDIDO. CA. 92029 JUDICIARY it is time for everyone to move on. (760)746–5193 SCIENCE & TECHNOLOGY In my opinion this case was brought by the eMail [email protected] UNC BOARD OF GOVERNORS various state attorneys general as a result of January 16, 2002 CONGRESSIONAL REDISTRICTING greed. This was merely an attempt to bring Renata Hesse Trial Attorney ENVIRONMENT & NATURAL RESOURCES down a successful company so that the states Antitrust Division. Department of Justice January 17, 2002 could each have a piece of the Microsoft pie. 601 D Street NW. Ste. 1200 Renetta Hesse I do not believe the plaintiffs would ever be Washington DC 20530 Trial Attorney able to prove Microsoft engaged in VIA FACSIMILE Antitrust Division anticompetitive behavior. (202) 616–9937 Department of Justice Notwithstanding these beliefs, I am in Dear Ms. Hesse: 601 D Street NW. Suite 1200 favor of the Court approving the settlement The settlement in the case of US v. Washington, DC 20530 agreement. The terms of the settlement Microsoft should be accepted and ratified as Dear Ms. Hesse: agreement go far beyond what was initially soon as possible. This letter is being written As a former chairman of the Finance at issue in the suit. For example, Microsoft to the courts to not only to ask you to accept Committee in the North Carolina House of has agreed to make it easier for computer the settlement—but to do so as quickly as Representatives, I was asked many times to manufacturers to remove features of possible. approve compromises which had been Windows and replace them with non- The Microsoft case has been an awful worked out between various legislators even Microsoft software. Additionally. Microsoft constraint on the national economy. I am thought the legislators came into the process has agreed to not retaliate against software or sure the courts have heard this argument with widely divergent views. Now, Judge hardware developers who promote software articulated by many an academic who Kollar-Kotelly faces a similar task with the that competes with Windows, and to not understands the economy better than I. But, settlement agreement worked out between enter into agreements obligating third parties let me assure the courts, the argument is Microsoft, the Department of Justice and nine to exclusively distribute or promote much more than academic. Small business is attorneys general in an effort to clear up the Windows. These concessions are more than feeling this case in a very real way. government’s case against the world’s largest reasonable, and I support the settlement. From what I understand, the settlement in software company. Sincerely, this case will become law as soon as it is
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accepted by the courts. Therefore. the sooner Attorney General here in North Carolina, Roy before. No longer is the drag on the high tech you can ratify the settlement, the better. Cooper, agreed to the settlement that has sector not noticeable. It is a major factor in Business affected by the case will see been proposed. I hope that the federal judge the loss of jobs and lack of investment in the positive change right away (as opposed to the will now approve the settlement also. technology industry. I believe the cultivation next fiscal year or some business related time It is difficult for a layperson such as myself of this industry is vital to the success of any period). Essentially. I am asking the courts to to understand what misdeeds Microsoft has economic recovery and hope the court sees accept the settlement and work to committed. It appears to me and my three this settlement, as we do, as a step toward expeditiously set the wheels in motion for teenage, computer-savvy children, that that goal. the settlement to be executed. Doing this will Microsoft has made information technology I hope my comments have helped allow business to move forward again more accessible, more usable and more illuminate the public impact of the proposed Sincerely. affordable. No consumer harm is apparent to settlement, at least in our community, and Tom Hinrichs President me. I was under the impression that the hope also that you approve the proposal. purpose of antitrust laws is to protect Thank you, MTC–00031351 consumers, not competitors. Whatever Bernard A. Streeter FROM: AH HA FAX NO. 919–363–8789 Jan. Microsoft’s misdeeds, however, I believe the Mayor 16 2002 03:09 PM P1 proposed settlement offers more than enough AH HA! LTD protection in the future. I have read that MTC–00031354 facilitation & consulting Microsoft will be required—and has agreed to MISSOURI HOUSE OF REPRESENTATIVES January 15, 2002 abide by a strict set of rules and regulations CAPITOL OFFICE Renata Hesse governing its relationships with computer State Capitol Room 115–B Trial Attorney maker and software providers. An 201 West Capitol Avenue Antitrust Division independent committee will oversee the Jefferson City, MO 65101–6806 Department of Justice company’s behavior. More information about Tele: 473–751–2076 601 D Street NW, Suite 1200 Microsoft’s products and practices will be HOME ADDRESS Washington, DC 20530 made public—and made available to its 311 Constitution Fax 202–616–9937 competitors. Enough is enough. It is time to Jefferson City, MO 65109 [email protected] accept a settlement that appears to be fair and 573–893–7647 Dear Ms. Hesse: reasonable to both sides in this matter. Put CARL M. VOGEL The U.S. Department of Justice antitrust my name down as one citizen who thinks it 114TH DISTRICT STATE REPRESENTATIVE lawsuit against Microsoft has now gone on is time to take all possible steps to returning January 14, 2002 for over three years, at a cost of many everyone’s attention to restoring the strength Renata Hesse millions of dollars to taxpayers. The cost in of our nation’s economy, rather than bleeding Trial Attorney-Anti-Trust Division lost productivity, unrealized innovation and an important industry dry in the courtroom. Department of Justice underused economic resources is far greater. Thank you for your attention and the 601 D Street Northwest, Suite 1200 It is time to bring this matter to a close. opportunity to comment. Washington, DC 20530 Even here in the Research Triangle, one of Sincerely, Dear Ms. Hesse: the most dynamic areas of the country, the F. Michael Davis President Given that the economy is now in information technology industry is hurting. recession, the last thing we need is more MTC–00031353 Now, of all times, it is vitally important to litigation and regulation of the high-tech settle this pending litigation and get both Bernard A. Streeter industry. Already over $30 million in Microsoft and its competitors back to work Mayor taxpayer funds have been spent on the on what they do best: develop and market City of Nashua Microsoft anti-trust case at a time when new products and services for consumers. January 16, 2002 money should be kept in the pockets of The proposed settlement insures that Renata B. Hesse consumers, thus helping our fragile economy Microsoft will not engage in illegal and Antitrust Division grow. The settlement reached between the anticompetitive behavior Microsoft must U.S. Department of Justice Justice Department and Microsoft is agree not to retaliate against computer 601 D Street NW appropriate. makers that ship its competitors’’ software Suite 1200 I favor free-market solutions to the and take other steps to guarantee that its Washington, DC 20530–0001 problems facing businesses today. current market position will not be used Dear Ms. Hesse: In response to the Court’s Competition—and the will to succeed as a unfairly. request for public comment on the proposed result of this competition—has given this I hope the courts will see fit to accept this settlement in the case U.S. v Microsoft, I am nation the strongest business enviroment in settlement, just as the State of North Carolina forwarding my support for the settlement to the world. There has been no consumer harm has done, and help restore this industry and the District Court and hope it will made part as a result of any actions taken by Microsoft. our economy to the growth and progress we of the case’s record. In fact, Microsoft’s innovation has led to enjoyed over the past decade. As Mayor of the City of Nashua, I wish to tremendous benefits for consumers, such as Sincerely, respectfully express my support for the better products and lower prices. Warren Miller remedies and settlement laid out by Sincerely, Microsoft, the U.S. Department of Justice, Carl M. Vogel MTC–00031352 and nine of the state plaintiffs The small State Representative Mike Davis Public Relations, Inc. business community of Nashua has long 114th District PUBLIC RELATIONS COMMUNICATIONS supported a speedy and reasonable P.O. Box 27646 Raleigh, NC 27611 settlement to this case, and we believe that MTC–00031355 Phone: 919–821–3928 Fax: 919–821–9135 the proposal before the court meets both To: Renata Hesse, Trial Attorney January 16, 2002 requirements. Suite 1200 Renata Hesse After more than four years of waiting for Antitrust Division Trial Attorney this case finally be resolved, the high Department of Justice Antitrust Division technology, community in our area and 601 D Street NW Department of Justice around the country has seen the protraction Washington. DC 20530 601 D Street NW, Suite 1200 of it do much more harm than good. Profits Fax: 202–616–9937 Washington DC 20530 investments, and new jobs are down, while From: Kai Hintze Fax 202–616–9937 the pace of innovation and, therefore, Senior Systems Programmer [email protected] demand, has fallen off. The current state of Albertsons Dear Ms. Hesse: It is time to bring an end the economy-a full-fledged recession—in our (Voice) 801–961–3146 to the too-long and too-expensive Microsoft view makes immediacy an even more Subj: Antitrust Settlement—U.S. v Microsoft antitrust case. In November 2001, our important factor in settling the case than ever Summary: Please go back and do it right.
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16 January 2002 was just different enough that it didn’t, 3) Microsoft has a history of trying to stifle Renata Hesse, Trial Attorney thereby requiring organizations that wished other innovators. Microsoft has a current Suite 1200 to use Kerberos authentication for their lawsuit against Lindows.com Inc.. claiming Antitrust Division Windows 2000 boxes to have a Windows that their name will confuse buyers. But Department of Justice 2000 Kerberos server, even if they had an Lindows is the most reasonable name for the 601 D Street NW existing Kerberos server they had been using company, given that their stated goal is to be Washington. DC 20530 for years for other platforms that ran well. able use Linux to run programs written for Fax: 202–616–9937 5) Microsoft must be prohibited from Windows. It looks to me like Microsoft Dear Ms Hesse. In the matter of US v. pursuing legal action against people helping prefers litigation to innovation. I hope that Microsoft: I do not believe that ‘‘punishing’’ to enforce penalties 1 through 4, and people you will see that the published settlement a company convicted of illegally maintaining who publish reviews and comparisons proposal only benefits Microsoft (and that a monopoly by offering it a chance to extend unfavorable to Microsoft. only in the short run), and demand that they that monopoly into one of the few markets Penalty 5 is required because Microsoft has return to the table to create a settlement that it does not already control will prove an a history of attempting to suppress reviews will benefit everyone. effective deterrent. In my opinion, any that find that other products out perform the Thank you for your attention. penalty which might impede Microsoft’s Microsoft product by threat of legal action. Please note that this letter is my opinion illegal monopoly growth must include at Microsoft claims that involving their product only, and may or may not represent the view least the following elements: in ‘‘unsanctioned’’ evaluations is a violation of my company. However I included my title 1) Microsoft must publish all specifications of the license terms. Thus this penalty is as evidence that I am familiar with the to all its file formats. Much of Microsoft’s required both to allow legitimate journalistic computer industry, and that my opinions are power arises from the fact that its Office suite and evaluatory functions and specifically to reasoned and backed by experience. has been bundled with new computers so protect individuals and groups engaged in Sincerely, much that it is a defacto standard. Other the research necessary to monitor penalties 1, Kai G. Hintze word processors and spreadsheets try to 2, and 4. This behavior is particularly Senior Systems Programmer build conversion routines so that they can loathsome when Microsoft attempts to sweep Albertson’s read and write Microsoft files, but they security flaws under the table, as they (Home address) depend on reverse-engineering to try to find usually do. (See their recent Security 3087 W 7140 S out what the file format is, so they have Through Obscurity program, formally known West Jordan, Utah 84084 limited success. A published specification as the Microsoft Certified Security Partner MTC–00031357 would allow Microsoft its precious right to Program.) If Microsoft is allowed to continue innovate, but would permit other developers business as they have in the past they will Jan 16 02 03:03p Gary Pearce 9197878031 p.1 to make truly compatible software. This way only increase the risk to business and TRC Triangle, Inc. Microsoft would have to compete on national security that they are now. Penalty P.O. Box 41087 usefulness and not on obfuscating their files. 3 is a matter for accountants. It is obnoxious Raleigh, North Carolina 27629 2) Microsoft must publish all Application but straightforward to monitor. Penalties 1, 2, Telephone 919–828–3150 Facsimile 919–828–1977 Programming Interfaces (API’s) exposed by and 4 would be most easily monitored by January 11, 2002 its operating systems. Programs written using providing a bounty (to be paid by Microsoft) Renata Hesse operating system API’s are usually. easier to for individuals or groups who examine Trial Attorney write and usually run faster. Microsoft has Microsoft’s products and find instances DEPARTMENT OF JUSTICE been shown in the past to publish most of where Microsoft has failed to comply. Antitrust Division their API’s so that third party software can In addition to the bounty for those who 601 D Street NW, Suite 1200 be written, but reserve some knowlege of find violations, Microsoft should be required Washington, DC 20530 API’s so that third party software won’t run to pay a substantial fine for each violation. Dear Ms. Hesse: In November 2001, North quite as well as Microsoft software. Perhaps this fine could be applied to some Carolina Attorney General Roy Cooper joined 3) Microsoft must publish its price existing educational fund. with other states’’ attorneys general from structure. Said price structure cannot Please note that I have not requested that across the nation in agreeing to a settlement penalize vendors who sell non-Microsoft Microsoft reveal any of its code, only the with Microsoft Corporation in the ongoing products and operating systems. From the interface to use the code. Neither have I antitrust litigation against that company. I purchaser’s point of view, when vendors sell suggested that Microsoft not be allowed to believe our state’s attorney general made the a computer with Windows located the innovate, only that they should stop trying to correct decision, and I am writing to urge the vendor must include the cost of the operating skew the playing field so that others can federal courts to agree to that settlement. system as a line item. innovate as well. North Carolina and, especially, the Triangle I believe this is the most extreme penalty. The damage to consumers created by area have enjoyed remarkable economic Pricing is usually considered a trade secret, Microsoft as a monopoly was demonstrated growth thanks in great measure to the but Microsoft has been shown in too many during the recent trial, but I will provide advances of the information technology instances to set prices for a specific contract three specific damages, and one instance of industry. Events at home and abroad now not according to volume or any other each: jeopardize our prosperity-and that of the objective measure. but purely to reward its 1) Microsoft only innovates (or buys entire nation. It is more important now than friends and punish its enemies. This will also innovation to include with its products) ever to remove any obstacle to economic allow consumers to compare the price they where it has competition. recovery, and I sincerely believe this pay for various operating systems that can When Lotus l-2–3 was the dominant prolonged Microsoft matter is just such an run on their computers. spreadsheet Excel received frequent and obstacle. By accepting the proposed 4) Microsoft must use independently noticeable enhancements, to the point where settlement, Microsoft has demonstrated that published networking protocols. If Microsoft it became the clearly superior choice. Now it will abide by strict constraints on its wishes to extend a networking protocol it Excel has obliterated the competition, and I behavior in the marketplace. The settlement must submit the extension to an independent cannot recall the last useful function added provisions protect Microsoft’s competitors body such as IEEE for approval. One of to it and, more importantly, the consumer, while Microsoft’s common practices to discourage 2) Microsoft lowers prices where it has preserving for Microsoft the essential ability competition is called ‘‘embrace and extend’’. competition and raises them where it does to innovate and introduce new products. In other words, take something that works for not. Thank you for your consideration. everyone, and make it so that it only works When WordPerfect and other word Sincerely, with Windows. One recent example of this is processors offered serious competition to C. Thomas Hendrickson the Windows 2000 implementation of the Microsoft Word the list price for Word was President published Kerberos security protocol. It US $99.00 and I could have bought it for $59. looked a lot like something that would work Today the list price for Word is US $399 and MTC–00031358 with other Kerberos clients and servers, but the lowest price C-Net can find is $275. Jan 16 02 03:Olp Gary Pearce 9197878031 p.1
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SMITH HELMS MULLISS & MOORE. L.L.P. Justice and Microsoft. As a legislator that is The company should be allowed to get back Attorneys at Law constantly involved in negotiating and to work on more important matters, like 2800 Two Hannover Square compromising, I am firmly convinced that creating new products and focusing on their Raleigh. Norrh Carolina 27601 this proposed settlement is fair and equitable customers’ needs. During this economic PO Box 27525 (27611) to both parties. Now is the time to put this downturn and as national security concerns (919) 755–8700 case behind us and allow the technology rise, your efforts should be focused on direct: 919–755–8726 industry to move forward. As you know, prosecuting criminals that have a detrimental fax: 919–755–8800 Microsoft has been a leader in innovation effect on the American people and our [email protected] throughout the industry. All facets of our economy. Government should be January 16, 2002 economy have benefited because of the encouraging companies like Microsoft by Renata Hesse leadership and technology advances made by allowing the marketplace to police them, Trial Attorney Microsoft. Stewards of government should rather than subjecting them to government Antitrust Division encourage these types of industry successes interference. Department of Justice instead of placing roadblocks in front of I am certain that the agreements reached in 601 D Street NW, Suite 1200 them. I hope you stop the litigation and this settlement will ease the government’s Washington, DC 20530 accept this reasonable settlement. concerns about Microsoft. After all, if a Dear Ms. Hesse: I believe that the proposed Sincerelv. number of the parties involved in this case settlement in the Microsoft case is a fair and Daniel Hegeman can agree, doesn’t that show that it is a good reasonable compromise. It was arrived at District 5 State Representative agreement? To continue litigation against after extensive and intensive negotiations, Microsoft at this time would be unnecessary through the leadership of a court- appointed MTC–00031360 and ultimately harmful to the American monitor. I hope it will now receive the linda c. ashendorf 6040 jester lane charlotte people. I urge you to approve this settlement approval of the federal court. Under the nc 28211 quickly so we can all get back to work. agreement, Microsoft will be forced to make Renata Hesse Sincerely, significant changes in its operations. It must Trial Attorney Maurice Goulet work in new ways with software developers Antitrust Division Chairman and computer makers. It must communicate Department of Justice 48 Ministerial Branch Bedford, New better with other companies, share more 601 D Street NW, Suite 1200 Hampshire 03110 information, create more opportunities for Washington, DC 20530 MTC–00031362 other companies and offer more choices to Fax 202–616–9937 consumers. Microsoft must also accept the [email protected] Clendenin Bird & Company oversight of a special committee that will Re: Microsoft case CERTIFIED PUBLIC ACCOUNTANTS monitor implementation of the lawsuit. Dear Attorney Hesse: As a business owner 1300 Tenth Street, Suite C These are extraordinary steps for a and comsumer, I am writing in support of the Modesto, California 95354 company to take, and Microsoft has stated proposed settlement in the U.S. v. Microsoft Telephone (209) 526–3091 Facsimile (209) publicly that it will accept and abide by the case. The agreement to the three year-old 526–2287 terms. So I strongly believe it is time, antitrust suit is a compromise that contains Gerald L. Clendenin, CPA especially given the uncertain condition of rules and regulations on how Microsoft will Constance Hillas Bird, CPA our economy today, to close the books on this develop and license software. At the same Albert A. Avila, CPA matter and enable Microsoft—and its time it allows Microsoft to continue efforts to James O. Armstrong, CPA competitors -to go back to doing what they develop new software that will benefit Patricia A. Retting, CPA can and should do best: find new ways to consumers. Computer manufactures will Claire L. Schendel, CPA enhance the productivity of America. have the flexibility to configure Windows so Wendy I. Prather, CPA Sincerely, non-Microsoft programs can be integrated January 16, 2002 SMITH HELMS MULLISS & MOORE, into the set up and have the ability to remove Renata Hesse, Trial Attorney L.L.P. certain Windows features such as the lnternet Antitrust Division, Department of Justice Dennis A. Wicker Explorer and replace it with another web 601 D Street NW, Ste. 1200 browser. Microsoft has also agreed to provide Washington, DC 20530 MTC–00031359 a uniform price list to the 20 largest Dear Ms. Hesse: I am writing this letter to JAN-16–2002 13:54 MO HOUSE OF REPS manufacturing computer makers. This the court to support the settlement that is 473 751 5123 P.01 settlement reaches a middle ground for both proposed in the case of US v. Microsoft. DANIEL J. HEGEMAN sides and will ultimately benefit consumers, From what I understand, nine of the states STATE REPRESENTATIVE DISTRICT 6 the technology industry and the economy. It and the federal government have come to an State Capitol—Room 101D is time to end the litigation and promote agreement and the court is asking for public Jefferson City, MO 85101–6806 opportunities lo get our economy and comment as to whether that agreement TELE: (573) 751–0246 technology industry moving again. should be accepted. I have read the FAX: (573) 525–7740 Sincerely, arguments made by both sides on this case- E-Mail: [email protected] Linda Ashendorf by Microsoft and by the competitors who MISSOURI HOUSE OF REPRESENTATIVES public affairs consultant called for the suit in the first place. These DISTRICT ADDRESS competitors of Microsoft have made the 18739 County Road 294 MTC–00031361 argument that Microsoft’s anticompetitive Cosby. MO 64436 Hillsborough County Republican Committee actions have brought harm to the technology (816) 662–2645 January 10, 2002 industry. That argument is no longer valid. January 14, 2002 Renata Hesse Since the day this case against Microsoft first Renata Hesse Trial Attorney began, the technology industry went into a Trial Attorney Antitrust Division steady decline. You don’t need to look any Antitrust Division Department of Justice further than the NASDAQ-our strongest tech Department of Justice 601 D Street NW, Suite 1200 market indicator-over the last three years. 601 D Street NW, Suite 1200 Washington, DC 20530 Those competitors and their allies who arc Washington, DC 20530 Dear Attorney Hesse: I am writing to arguing to the court that a settlement will Fax 202–616–9937 submit my public comment in support of the harm the technology industry are totally [email protected] current settlement proposed in the case of the wrong. Dear Ms. Hesse As a state legislator in the United States v Microsoft. I have been The original goals of this case may have Missouri General Assembly, I want to express following the case in the news and believe been justified. I don’t believe that question is my support for the proposed settlement that its end is long overdue. Haven’t we spent still relevant. I believe the relevant question between the United States Department of enough of the taxpayers’’ money on this case? now is ‘‘is the settlement fair and is it time
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to end this case?’’ To those questions, I think duration of this case has had a derogatory such as Internet Explorer and Windows I speak for the majority of Americans by effect on the economy and the IT industry. Media Player, should be removable from the telling the court that the answer is a No good can come of further litigation. In my Operating System. Thus if the user chooses resounding ‘‘yes.’’ opinion, the case should remain settled. I see a competitors product and no longer desires Thank you very much. no reason for the suit to be reopened and the to use Microsoft’s product. the user can then Sincerely, settlement overturned. I urge you and your remove that application and all files CLENDENIN BIRD & COMPANY office not to take further action against pertaining to that application. This should be Microsoft in the federal courts. made retroactive, i.e. older versions of the MTC–00031363 Sincerely, Windows operating system should be made January 16, 2002 Mary McAndrew to comply with action. Microsoft and or Attorney General John Ashcroft 432 E Alexander Palm Road O.E.M.s should be compelled to include Sun US Department of Justice Boca Raton, FL 33432 MicroSystems Java virtual machine. 950 Pennsylvania Avenue, NW Microsoft has decided to discontinue MTC–00031365 Washington, DC 20530 shipping Sun MicroSystem Java virtual Dear Mr. Ashcroft: I would like to express Date: Thursday, January 17, 2002 Time: machine in it’s future release of its operatin my feelings about the Microsoft antitrust 3:19 AM system, this includes the currently shipping case. I sincerely hope that this settlement To: Renata Hesse Windows XP. Microsoft had in the past will be the end of the lawsuits. This is Company: United States Department of shipped Sun MicroSystems Java virtual supposed to be free enterprise but Microsoft Justice machine with its products but after its is being punished for running a successful Fax Number: 2026169937 settlement with Sun MicroSystem has company and inventing technologies that From: Robert Trujillo decided against this action. This action is have changed our lives. I work for the Subject: Microsoft Antitrust Settlement quite harmful to users and developers who government as a Chemical Engineer, and I 71 Faragut Ave use the Java programming language and use Microsoft products every day. Microsoft Tonawanda, N.Y. 14150 applications developed from this product. is not forcing anyone to use their, products; January 17, 2001 This action unfairly penalizes users and consumers want the ease of using compatible Renata B. Hesse developers alike. Note Microsoft’s Visual products. Please uphold this settlement, Antitrust Division Basic components continue to ship with their Microsoft is conceding far more than what U.S. Department of Justice operatin system giving Microsoft’s Visual has even been asked for. For example, 601 D Street NW Basic product an unfair advantage. I believe Microsoft will now share its proprietary Suite 1200 these changes listed above would go along information with competitors, allowing them Washington DC 20530–0001 way in improving the proposed settlement. to more easily place their own programs on Renata B. Hesse: Sincerely, Microsoft’s Windows operating system. It is As someone familiar with computing and Robert Trujillo a very reasonable settlement and will restore the computer industry, and the adverse MTC–00031366 fair competition to the computer industry. effects of Microsoft’s monopolies in these Thank you for your time. areas, I cannot see how the settlement that is MARK S. PULLLIAM Sincerely, proposed even pretends to remedy the SAN DIEGO, CALIFORNIA 28101 Federico B. Santa Cruz antitrust violations for which Microsoft has January 16, 2002 506 Saybrooke View Drive been found culpable. The company has VIA FACSIMILE (202/616–9937) Gaithersburg, MD 20877 already been found in violation and this is Renata Hesse, Trial Attorney the penalty phase of the case, but the Antitrust Division, Department of Justice MTC–00031364 settlement contains no penalties and actually 601 D Street NW, Ste. 1200 FROM : PHONE NO. : 8472952092 Jan. 17 advances Microsoft’s operating system Washington, DC 20530 2002 08:38AM P1 monopoly. A just penalty would at barest Dear Ms. Hesse: It is probably safe to January 14, 2002 minimum include these additional features: assume that as part of the Tunney Attorney General John Ashcroft Any remedy seeking to prevent an extension proceedings the court is receiving numerous US Department of Justice of Microsoft’s monopoly must place letters arguing that the Microsoft settlement 950 Pennsylvania Avenue, NW Microsoft products as extra-cost options in does not go far enough. Microsoft’s Washington, DC 20530 the purchase of new computers, so that the competitors have long held the belief that all Dear Mr. Ashcroft: Microsoft has been user who does not wish to purchase them is of their shortcomings in the marketplace involved with the federal courts in an not forced to do so. This means that for the might be resolved by the courts. I would like antitrust lawsuit for approximately three price differential between a new computer to publicly state that the settlement does years now. Last November, a settlement was with Microsoft software and one without, a more than enough to remedy the case of US. reached that seemed to mark the beginning computer seller must offer the software v. Microsoft, this issue has gone on far too of the end. I thought that the struggle would without the computer (which would prevent long, and accepting the settlement will bring soon be over. That appears not to be the case. computer makers from saying that the closure which is long overdue. A settlement Nine states remain litigious, and they have difference in price is only a few dollars). in a case like this is just that-a settlement, used the past several weeks to sling mud at Only then could competition come to exist in Individuals and companies will spend Microsoft and gather support to overturn the a meaningful way. The specifications of extensive amounts of time and money trying settlement. In light of the recent terms agreed Microsoft’s present and future document file to point out every single flaw or shortcoming to under the settlement, I do not see why formats must be made public, so that they perceive to be a part of this settlement. these states believe Microsoft remains in documents created in Microsoft applications But the case against Microsoft is not about violation of antitrust laws. Microsoft has may be read by programs from other makers, trying to make sure those who abhor agreed not to retaliate against any software on Microsoft’s or other operating systems. Microsoft get every single thing they ask for. producer that introduces software onto the This is in addition to opening the Windows The settlement is about working to remedy a market that is in direct competition with application program interface (API, the set of previously bad situation in a manner that is Microsoft products. Moreover, Microsoft has ‘‘hooks’’ that allow other parties to write fair to both sides. agreed not to enter into any agreement that applications for Windows operating systems), The settlement more than adequately would require a third party to endorse which is already part of the proposed punishes Microsoft. Forcing codes to be Microsoft products either exclusively or at a settlement. Any Microsoft networking opened, placing monitors in their business, fixed percentage. I do not believe terms such protocols must be published in full and and removing any perceived leverage will as these are too lenient with Microsoft nor do approved by an independent network bring fairness to all the companies trying to I believe that the issues raised by Microsoft’s protocol body. This would prevent Microsoft gain an advantage from the settlement. competitors have been dealt with lightly. from seizing de facto control of the Internet. Hundreds of hours and countless individuals It seems as though every time Microsoft is Any Microsoft software that is bundled have worked to craft this settlement. I hope attacked, the whole market collapses. This with Microsoft’s operating system, software the courts will consider this in their ruling
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while also recognizing the self interest which this country—illegal immigration—let us restricted. This settlement allows this motivates many of the letters pouring in begin to pull together and solve existing company to remain together. This settlement against the settlement. problems. President Bush is on the right track also contains provisions that will foster Sincerely, to work together—not divide this country. I competition. Microsoft has agreed to share Mark S. Pulliam love the windows operating system as it more information with other companies and enabled, me a novice, to begin to use the has agreed to be monitored by a technical MTC–00031368 computer. I think we should thank Mr. Gates oversight committee. Competing companies 3289 Pear Point Road rather than drag him into court. He was head may also opt to sue if they feel this company Friday Harbor, WA 98250 and shoulders above everyone else in is not complying with this agreement. Again, Phone: 360–378–6845 inventing a way for all to compute—he I support this settlement and feel it will serve Fax. 360–378–5042 should have the freedom to continue to in the best public interest of America. Please To: Attorney General John Ashcroft invent new ways to work. Our economy is in support this settlement. Thank you for your From:Steven A Cotton shambles. Let us put this behind us—I think time. Fax: 202–307–1454 it is time to accept Microsofts proposal and Sincerely, Date January 17, 2002 put this behind us. Many, many people are Suzanne Cunningham Re:Microsoft Anti-Trust Case out of work in this country—we need to grow cc: Senator Rick Santorum Comments: up and move on. 3289 Pear Point Road Thank you MTC–00031372 Friday Harbor, WA 98250 Mary E. Wenger Iowa Special Events Group, Inc. January l6, 2002 Washington State Specialists in Sound & Communications Attorney General John Ashcroft Dale Blair, CEO E.E. United States Department of Justice, 950 MTC–00031370 January 16 ,2002 Pennsylvania Avenue, NW From. Myma-Sue Shimberg Judge Kolar Kottely Washington, District of Columbia, 20530– To: Attorney General John Ashcroft c/o Renata Hesse, Trial Attorney 0001 Date: 1/16/2002 U.S. Department of Justice—Antitrust Dear Mr. Ashcroft, I am writing today to Subject : Microsoft settlement Division encourage you and the Department of Justice Dear Mr. Ashcroft: 601 D Street NW, Suite 1200 to accept the Microsoft antitrust settlement. Microsoft has succeeded because it has Washington, DC 20530 The suit has been dragged out for over three made products that are easier to use and Dear Judge Kottely, I am writing in hopes years now, and it is time to put it behind us. more effective than its competitors. I was to encourage the settlement with Microsoft. Microsoft and the industry as a whole needs pleased to learn that a settlement was Most analysts agree that the suit is a wasteful move forward and focus their attention on recently reached in the antitrust case that use of taxpayer dollars; this case has a business at hand; otherwise the economic was begun more than three years ago by the chilling effect on innovation, and is making climate within the tech industry may never Justice Department. I hope it will finally it harder for entrepreneurs to raise capital. rebound. bring an end to this case. Microsoft should Beaten in the market by better Microsoft Many people believe that Microsoft got off be allowed to function and compete without products and services, competitors like easy; in fact, the opposite is true. Microsoft excessive government intervention. The Netscape (since acquired for billions by AOL) agreed to terms that extended well beyond settlement that was reached this November somehow talked the federal government into the products and procedures that were could conclude the federal case if it is put attacking Microsoft as an anti-competitive actually at issue in the suit, with the express in place. Sadly some opponents of the monopoly guilty of predatory practices. reason that it will al1 be over soon. The settlement may try to undermine the Remarkably enough, I read that AOL-Time company also agreed to a three-person settlement because they feel it is too Warner began lobbying the government technical committee that will monitor undemanding. However the reality is that against a competitive Microsoft product Microsoft’s compliance with the settlement A this settlement is very comprehensive. The before it was even released! It’s quite fair settlement and a fair way to make sure settlement requires Microsoft to end any disturbing to think that a corporation such as that the settlement is followed were reached contractual restriction that could be AOL-Time Warner has such influence over The only thing left is to see that the interpreted as harmful to competitors. our states’ legal decisions. government accepts its own settlement. In Additionally, this settlement compels It has been AOL-Time Warner, created as these economic hard times we need to allow Microsoft to share proprietary code with a result of AOL’s merger with Time Warner, business to move ahead. As long as this suit competitors, to an unprecedented extent. whose existence has raised real hackles about is hanging around, the technology industry Undoubtedly this settlement should be the potential monopoly power. For its part, will not be able to move further. Please end of this case, despite what the Microsoft Oracle has left no stone unturned in trying accept the Microsoft antitrust settlement and opponents may contend. to undermine Microsoft. What disturbs me let us get on with the people’s business. Sincerely, the most is that the government’s attack on Sincerely, Myrna-Sue Shimberg Microsoft may well have been motivated by Steven Cotton 11068 N. Mountain Breeze Drive a desire to assert control over the fastest Tucson, AZ 85737 growing and most independent industry in MTC–00031369 the country. That’s a horrible philosophy if January, 2002 MTC–00031371 we want people to invest in new technologies Department of Justice 225 Castle Drive and products that mean new jobs and growth Washington, D. C. West Mifflin, PA 15122–2958 for our future. All this being said, I think the To Whom It May Concern: I am for settling January 16, 2002 settlement is acceptable and it’s time to move the Microsoft Case. I believe that it was Attorney General John Ashcroft on. Thank you for your time, as I know it is wrong in the first place to bring this to US Department of Justice, 950 Pennsylvania very valuable. court. The company is not perfect—-but Avenue, NW Sincerely, what they have done incorrectly does not Washington, DC 20530–0001 Dale Blair merit a case being brought against them. Dear Attorney General Ashcroft: P.O. Box 815—Des Moines, Iowa 50304— This company and Mr. Gates has done I am writing you today to express my Phone: 515–277–2002 more for many in this country than any opinion in regards to the Microsoft other company. They have helped many settlement issue. I support Microsoft and MTC–00031373 schools and many, many charities, and believe this settlement is fair. Microsoft is an 8 Pansy Court many, many people when other American company that has impacted our Newtown, Pennsylvania 18940 companies would not even lift a hand. daily lives. Microsoft has brought American January 12, 2002 Also—We have obligations to move beyond computer technology into our businesses and Attorney General John Ashcroft this. We have a war with terror going on right homes. This company has done so much in US Department of Justice now. Let us begin to resolve the problems in the past that it should not be stifled or 950 Pennsylvania Avenue, NW
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Washington, DC 20530 SMITH Please do not allow further scrutiny of this Dear Mr. Ashcroft: I would like to express 10 South 336 Hampshire Lane East settlement. It is a good way to end the my support for the settlement that was Hinsdale, Illinois 60527 lawsuits and allow the computer industry negotiated in November between Microsoft January 10, 2002 and the economy to get back on its feet. and the Justice Department. I believe the Attorney General John Ashcroft Sincerely, settlement is sound and in the best interests US Department of Justice Timothy Baker, Ph.D. of our economy. 950 Pennsylvania Avenue, NW Although Microsoft probably conceded Washington, DC 20530 MTC–00031377 more than was warranted, the company Dear Mr. Ashcroft: Finally, after three long 25 Valley View Court believes it is time to move forward. As an years. the Department of Justice has decided Westford, Vermont 05494 example, Microsoft agreed that if a third to end its antitrust lawsuit against Microsoft. January 16, 2002 party’s exercise of any options provided for This is good news for the business Attorney General John by the settlement would infringe any community and the economy as a whole, US Department of Justice Microsoft intellectual property right because Microsoft affects so much of the Pennsylvania Avenue, NW Microsoft will provide the third party with a economy. Washington, DC 20530 license to the necessary intellectual property Microsoft has agreed not to retaliate against Dear Mr. Ashcroft: on reasonable and non-discriminatory terms. computer makers who ship software that I am writing to express my opinion that the I believe this is a significant concession and competes with anything in its Windows three-year lawsuit against Microsoft was should show the government that this is operating system. Microsoft has also agreed unjustified and wrong. I do not think that indeed a good deal for them. to disclose and document! for use by its Microsoft has infringed on consumer rights Both sides of this dispute showed much competitors, various interfaces that are or violated antitrust laws. In fact, their courage in sticking with the tenuous internal to Windows’ operating system innovation has brought so much to our negotiations this agreement required. Your products—a first in an antitrust settlement. country’s technological growth that we owe office has made the right decision in Microsoft did not get off easily. The Bill Gates a huge ‘‘thank you’’. I thought it supporting this settlement and I hope you settlement was arrived at after extensive ludicrous that giving away software was will continue your support. negotiations with a court-appointed considered by some to hurt the consumer! Sincerely, mediator. Under the terms of the settlement, I am Arthur Millevoi The company agreed to terms that extend glad to see Microsoft will not be broken up, cc: Senator Rick Santorum well beyond the products and procedures but the concession Microsoft will be making MTC–00031374 that were actually at issue in the suit—for the are unfair to them as a private firm. For one, sake of wrapping up the suit. Enough is they should not be forced to disclose internal Professional Performance enough. I support the settlement, and inter-faces and protocols to their competitors. DEVELOPMENT GROUP, INC anticipate a swift end to this lawsuit. They should also not be restricted form January 16, 2002 Sincerely, entering into third party agreements for Attorney General John Ashcroft, US Greg Smith exclusive distribution rights. Department of Justice Even though the settlement is flawed, our 950 Pennsylvania Avenue, NW MTC–00031376 Washington, DC 20530 economy and the IT sector in particular, 1705 E West Highway Dear Mr. Ashcroft, I believe that the cannot take any more wounds. Finalizing the Apt. 409 settlement reached between Microsoft and settlement is in the best interests of the Silver Spring, MD 20910 the Department of Justice regarding antitrust American public and we look forward to the January 16, 2002 suit is more than fair. We live in a free- end of the suit. Attorney General John Ashcroft market society; it does not make sense to Sincerely, US Department of Justice submit to so much government intervention. Howard Dachs 950 Pennsylvania Avenue, NW Carrying on litigation will have an adverse Washington, DC 20530 MTC–00031379 effect on the industry and prevent the advancement of technology. Dear Mr. Ashcroft: Michael D. Fleming, CFP It is necessary to settle the suit so the I would like to thank the Justice Senior Financial Advisor economy may a get a much- needed boost. I Department for agreeing to settle the CERTIFIED FINANCIAL PLANNER do not understand why a company must Microsoft Anti Trust case. This case has practitioner provide its competitors with information dragged on for years and it’s great that there American Express pertaining to its products, but Microsoft has is an end in sight. However, I hope that the Financial Advisors Inc. agreed to give the rights to computer makers government will be able to fend off the IDS Life Insurance Company to configure the different Windows operating advances from Microsoft’s competitors and suite 109 systems so they can run non-Microsoft allow the proposed settlement to be finalized. Jackson Plaza software within them even easier. Microsoft This settlement is more than reasonable, 503 Jackson Avenue has also agreed to license Windows to the 20 especially given Microsoft’s contribution to Elk River, MN 55330 largest computer makers on equal terms and consumers and small businesses. Their Bus 763 241 9696 conditions, including price. company is conceding a lot more than called Bus 877 241 9696 The suit has managed to drop the value of for so that they can concentrate on their Fax 763 241 1039 the stock market, raise software costs, and business again. January 12, 2002 have taxpayers dig deeper into their pockets. I am a private researcher and use Microsoft Attorney General John Ashcroft If this suit continues, the economy may not products daily for my research and personal US Department of Justice be able to get the much-needed boost that it use. Consumers would suffer greatly if it 950 Pennsylvania Avenue, NW needs. I urge you to make certain that this weren’t for the Microsoft products that keep Washington, DC 20530–0001 settlement is confirmed and Microsoft is people connected to their PCs. There is a Dear Mr. Ashcroft: I am writing in support allowed to return to innovation. reason that most people use Microsoft over of Microsoft’s antitrust settlement with the Sincerely, their competitors; in most cases their federal government. I think it was fair and Klaus Schonfeld products have proved far superior to others’. reasonable. Vice-President However, this settlement will allow more I also think Microsoft’s willingness to grant 4241 Woodcock Road,Suite A125, SAN competition in the computer industry, as computer makers broad new rights to ANTONIO, TEXAS 78228 Microsoft has agreed to share more of their configure Windows so as to promote non- TEL. 210–615–1117 FAX 210–415–1158 coding information and interface design. Microsoft software programs that compete WWW.PPDG.COM They have also made it easier for PC users with programs included within Windows, to use non-Microsoft products on Windows and their willingness not to retaliate against MTC–00031375 by allowing computer makers to pre-install computer makers who ship software that 01/16/2002 19:25 630–325–0260 GREG their competitors’ software on Windows. competes with anything in its Windows
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operating system, or against software of *Suzanne D. Sartelle the beginning, we believe that the lawsuit hardware developers who develop that also Jacksonville filed by the Department of Justice was not in competes with Windows or that runs on *Pope Shiford the best interest of our state. software that competes with Windows, is was Hickory However, now that there is a settlement on a huge concession by Microsoft. *Will B. Spence Jr. the table, I would hope that it would go In closing, I hope this settlement will be Charlotte through quickly so that Microsoft can be freer approved so Microsoft can get back to the *Dr. Patricia Sullivan to keep innovative products flowing into the business of innovation. Thank you very Greensboro marketplace. Our state has suffered a great much. With sincere regards for an innovative *C. Avery Thomas deal because of the downturn in our American future. Burlington traditional core industries and now is feeling Michael Fleming, CFP *N. Bradley Thompson Jr. the effects of cutbacks in high tech and Charlotte telecommunications. The last thing we need MTC–00031380 *Dr. Julianne Still Thrift is further government intervention into this 3314 Waterwood Drive Winston-Salem marketpIace, holding up economic progress. Florida 33872 *Edward L. Weisiger Jr I was highly pleased when our own January 17, 2002 Charlotte attorney general Roy Cooper withdrew the Attorney General John Ashcroft *Paul M. Wiles state’s lawsuit against Microsoft and signed US Department of Justice Winston-Salem on to the national settlement. This is the kind 950 Pennsylvania Avenue, NW Chairman Emeriti: of positive move that I hope will influence Washington, DC 20530 *L.M. Baker Jr. this case to come to settlement. Dear Mr. Ashcroft: United States business Winston-Salem Sincerely, history shows that the less the government is *Edwin B. Borden Phillip J. Kirk, Jr. involved in private businesses, the more Goldsboro prosperous we are as a nation. That said, I *Thomas W. Bradshaw Jr MTC–00031382 am glad to know that we are at a point in Raleigh Georgia R. Short Route 1, Box 330 Columbia, which the federal government is stepping *Richard L. Daugherty VA 23038 434.842.5189 away from the private affairs of Microsoft Raleigh January 16, 2002 once and for all. The Government is far too *Malcolm E. Everett III Ms. Renata Hesse involved in the world of business and further Charlotte Antitrust Division government involvement in the IT industry *John O. McNairy Department of Justice will only serve to further damage current Kinston 601 D Street NW, Suite 1200 technology and future innovation. *Earl N. Phillips Jr Washington, DC 20530 Under the proposed settlement, Microsoft High Point Dear Ms. Hesse: I am writing to comment will share information with its competitors, *Sherwood H Smith Jr on the Microsoft settlement. allowing them to more easily install their Raleigh Not too long ago I was the victim of a own software on the Windows operating *G. Smedes York costly and unnecessary computer crash that system. Additionally, Microsoft will agree Raleigh was partially attributable to a non-Microsoft not to reiterate any competitors that sell, *Charles E. Zeigler Jr software clash with my computer’s Windows uses, or promotes non-microsoft software. A Gastonia operating system. As a consumer I am swift end to the suit is in order so that *Stephen P. Zelmak Jr particularly impressed with the approach the Microsoft and the economy may recover from Raleigh settlement takes to ensure competition and the extended lawsuit. I support the Presidents Emeriti: promote the best interests of the consumer settlement as it now stands so that the entire *Ivic L Clayton public. (illegible) can be put to rest. *Edward Rankin Jr. With regard to Microsoft’s compliance with Sincerely January 11, 2002 the settlement, the agreement appears to Robert F. Swault Ms. Renata Hesse provide adequate resources, access and Trial Attorney authority to quickly respond to any MTC–00031381 Antitrust Division complaints about noncompliance. The North Carolina Citizens for business & Department of Justice independent Technical Committee’s power to Industry 601 D Street NW, Suite 1200 hire unlimited onsite staff at Microsoft’s P.O. Box 2508, Raleigh, NC 27602 225 Washington, DC 20530 campus and at that company’s expense is Hillsborough Street, Suite 460, Raleigh, Dear Ms. Hesse: As president of North also an important and welcome settlement NC 27603* Carolina Citizens for Business and Industry, feature, Telephone: (919) 836–1400 *Fax: (919) 836– I would like to heartily endorse the While the agreement positions the U.S. 1425 settlement that has been reached and signed Justice Department as the sole enforcement Executive Committee: off on in the Microsoft case. With the authority, the fact that state Attorneys *William Cavanaugh III Department of Justice, nine state attorneys General may take steps to escalate complaints Raleigh general and Microsoft in agreement, I hope to the Court appears to add a further measure *William A. Coley that Judge Kollar-Kotelly will approve it as of protection that is important to consumers Caharlotte soon as possible. and the computer industry as a whole. *John A Forlines Jr. The group that I head is the largest I appreciate the opportunity to provide my Granite Falls business association in the tenth largest state comments. *David P. Huskins in America. For many years, North Carolina Sincerely, Linville Falls has been rated as one of the top states in Georgia R. Short *Darleen m. Johns which to do business. One of the chief goals Raleigh of our organization is to continue to improve MTC–00031383 *Kelly S. King that situation so that industry will move into SENT BY: ALASKAN OIL INC : 1–17– Winston-Salem our state and provide jobs for all our citizens. 2:10:45AM: SYRACUSE, NY- *George W. Little That is also why NCCBI has worked on many 2025149082;# 1/1 Southern Pines programs in education and job training as ALASKAN OIL INC. *Henry E. Miller Jr. well. 2020 LeMoyne Street Wilmington One of our key growth industries has been * P.O. Box 533 *Stephen P. Miller high technology. Even Microsoft itself has a * Syracuse, NY 13211 Asheville facility in Charlotte that provides high- * 315–471–8490 *R.V. Owens paying jobs to more than 1,000 technical * Fax 315–479–6698 Nags Head workers in the area. And that is why, from www.alaskanoilinc.com
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January 16, 2002 950 Pennsylvania Avenue, NW and software. In addition to my professional Department of Justice Washington, DC 20530–0001 involvement with computer technology, and Antitrust Division Dear Mr. Ashcroft: perhaps more important, is my interest as a Ms. Renata Hesse, Trial Attorney This letter is to express my support for the general consumer being represented by the 601 D Street NW, Suite 1200 settlement reached between Microsoft and Justice Department. Due to my involvement Washington, DC 20530 the Justice Department. Enough damage has with technology, I’ve followed with interest Dear Ms. Hesse: been done to the company by the pursuit of the Microsoft settlement and am compelled I would like to express to you and Judge an unjust law suit that should not have ever to express my opinion on this issue. Keeping Kollar-Kotelly my support for a settlement happened. Microsoft has taken steps that give in mind the basic foundation for this lawsuit, between the United States government and competitors a lot of what they wanted, which was for me protection of the average Microsoft. I am the owner of Alaskan Oil, although to some it is not enough. Further consumer, it is my opinion that to Inc., a company employing 125+ people pursuit could damage Microsoft beyond accomplish this there must be a quick located in upstate New York. Being involved recovery. resolution of the matter. This settlement has in a highly regulated business, I am all too Not only has Microsoft been forced to give been far from expedient and has been very accustomed to the high pressures of doing up proprietary products, it has cost the costly. The lawsuit has clogged up our business within an industry permeated with company and the shareholders money and federal legal system and it is time to agree to government regulation. I believe we do not has distracted management from its primary a settlement for the benefit of all. Again, need to add the high-tech sector to the list goal of managing the company. keeping in mind the well-being of of over-regulated industries. The last thing Cordially, consumers, would it not be to the benefit of the current economy needs are government John E. Echlin Jr. all for our school systems to receive free lawyers and bureaucrats micromanaging the cc: Senator Strom Thurmond computer systems from Microsoft? While I high-tech sector. It is my understanding that have considered a competitor’s opposition to the antitrust laws were designed to protect MTC–00031386 this, their position is ancillary to the issue. consumers, not for some powerful companies Barbara Thompson The lawsuit was brought on my behalf, not to protect themselves from market 8907 E Douglas to the benefit of companies that in some cases created their own failures by their own competition. Microsoft competitors such as Wichita, KS 67207–1207 limited technology. Further, to consider a AOL Time Warner and Oracle should stop January 16, 2002 break-up of a company such as Microsoft encouraging the government to fight their Attorney General John Ashcroft would not be to any consumers benefit, A battles for them in court and fight in the US Department of Justice break-up of the company would be costly, marketplace instead. 950 Pennsylvania Avenue, NW confusing, and would ultimately harm the Sincerely, Washington, DC 20530–0001 consumers. To act on my behalf, the Justice Richard A. Neugelauer Dear Attorney General Ashcroft: Department needs to resolve this issue President I support the Justice Department’s current settlement agreement with Microsoft. I feel immediately, agreeing to a settlement that benefits those it claims to have in it’s best MTC–00031384 that the case is being furthered by jealous interest. This would be to put the rewards of FROM: OFFICE DEPOT competitors, much like the trouble AT&T the settlement back into the hands of the FAX NO.: 864 587 2709 Jan. 17 2002 incurred years ago. Microsoft should be consumers via the education of our children. 10:37AM P2 allowed to get on with business. Sincerely, 806 Thackston Drive I’m not a technical-minded person, but I Michelle D. Blount Spartanburg, SC 29307–2534 think that Microsoft is a great company that Manager—Technical Support Services January 15, 2002 offers innovative products. The terms of the Attorney General John Ashcroft settlement are fair, and Microsoft’s MTC–00031388 US Department of Justice concessions will allow for fair business Sue French Lewis 950 Pennsylvania Avenue, NW competition. The increased consumer PRESIDENT Washington, DC 20530–0001 flexibility in selecting different program COMMUNICATIONS Subject: Microsoft Settlement options will ensure that. January 17, 2002 Dear Attorney General Ashcroft: In addition, I feel that Bill Gates has Renata Hesse We are writing to ask that you strongly contributed greatly, both financially and with Trial Attorney advocate approval of the Justice Department’s his time, to charitable, cultural, educational, Antitrust Division settlement with Microsoft at the close of the and community organizations. It seems that, Department of Justice public comment period. It is important to the proportionate to other companies, his 601 D Street NW, Suite 1200 American economy that this matter be generosity has far exceeded that of other Washington, DC 20530 resolved, and that Microsoft be allowed to CEOs. I particularly reference foreign Dear Ms. Hesse: move forward with its business. It is our automakers following the 9/11 tragedy. His I am pleased to have the opportunity to understanding that the settlement reached record of giving, T believe, makes a comment on the Microsoft case settlement. It will allow for additional competition in the significant and positive impact on every is my understanding all new Microsoft computer market without requiring Microsoft American. I urge you to settle the Microsoft operating systems would have to utilize a to operate from a competitive disadvantage. case as quickly as possible. Thank you. mechanism that readily allows users to The formation of an oversight committee to Sincerely, remove Microsoft’s products—including the monitor the settlement will also help avoid Barbara Thompson Internet browser, instant messaging tools, future unnecessary litigation. We appreciate MTC–00031387 media player, and email utilities. In my being afforded the opportunity to address opinion, this settlement would make it easier this important issue. Michelle D. Blount for users to switch and compare among Thank you. 906 Manhattan Drive competing products. I feel this part of the Sincere regards, Columbia, Missouri 65201 settlement provides end users like myself Robert D. and Aline Soutter January 17, 2002 with the flexibility I prefer. cc: Senator Strom Thurmond Renata Hesse Sincerely yours, Trial Attorney Sue F. Lewis, President MTC–00031385 Antitrust Division Imagine Communications John E. Echlin Jr. Department of Justice 313 Saint David’s Lane 321 Tom Fripp Rd. 601 D. Street NW, Suite 120 Richmond, Virginia 23221 St. Helena Island Washington, DC 20530 804–213–053 South Carolina, 29920 Dear Ms. Hesse: FAX 804–213–3018 January 17, 2002 As a technology management person for a Attorney General John Ashcroft large insurance company, I frequently deal MTC–00031389 US Department of Justice with issues related to computer hardware TIMOTHY J. DONOVAN
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1081 Crosspoint Court uncertainty of job security in the IT industry. US Department of Justice San Jose, California 95120 It is vital that Microsoft and the DOJ work to 950 Pennsylvania Avenue, NW (408) 268–8288 push this issue through. Washington, DC 20530 January 17, 2002 As you know, this settlement was arrived Dear Mr. Ashcroft: VIA FAX at after extensive negotiations with a court- I am writing to express my support for the TO: DEPARTMENT OF JUSTICE appointed mediator present. In accordance to settlement between Microsoft and the US Re: PROPOSED MICROSOFT SETTLEMENT the settlement, Microsoft has agreed not to Dept. of Justice. The settlement will satisfy (i.e., Tunney Act Review) enter any agreements that would obligate any the desires of all involved parties, and should Gentleperson: third party to distribute or promote any be allowed to proceed. I recommend that the settlement between Windows technology exclusively or in a I do not think Microsoft has a monopoly. the Justice Department, Nine States and fixed percentage. Microsoft has also has In fact, I believe Microsoft’s innovation has Microsoft be immediately approved, without agreed not to retaliate against computer benefited the country’s growth. Not only, reservation. From the outset the lawsuit makers that may ship software that would does Microsoft epitomize all the aspects of a brought against Microsoft was politically compete against the Windows operating successful business in a free market motivated. The lawsuit wrecked the economy system. This will make consumers happy, economy, but it positively affects our and triggered the worst recession in the and ensure that competition reigns supreme. country’s economy. Still, Microsoft is willing history of the United States. I believe the I believe that it is too early to feel to accept sanctions, including sharing settlement is fair and just to all parties comfortable regarding this settlement. But, it business secrets and non-retaliation clauses, concerned. It is about time we stopped is also necessary to resolve this issue so that that go well beyond the original concerns of playing ‘‘politics’’ with the United States the economy and the industry may continue the lawsuit in order to get on with business. Economy and settle this lawsuit which will to move forward during this stagnant time in As a Microsoft products user and supporter, be a catalyst for a full recovery of our our Nation’s history. It is time to allow I am glad to see this issue settled and I look economy. Otherwise, you do not have to be Microsoft to return to innovation. forward to Microsoft’s furture growth a rocket scientist to conclude that if this Sincerely, throughout the technology sector. settlement is rejected, it will trigger a deeper Randall Jarrel Sincerely, and broader recession. Webmaster Michael Kania Sincerely, 5030 First Avenue South, Seattle, WA 98134 305 Oak Grove Court TIMOTHY J. DONOVAN Tel: (206)268–9800 Fax: (206) 268–9801 Wexford, PA 15090 Email: [email protected] cc: Senator Rick Santorum MTC–00031390 Marliene Branton FROM: RICHARDS MTC–00031392 606 Harding Avenue 117 Kingswood Drive 379 Rattlesnake Road Pen Argyl, PA 18072 Florence, Alabama 35630 Ridgeway, South Carolina 29130 January 8, 2002 January 13, 2002 January 17, 2002 Attorney General John Ashcroft Attorney General John Ashcroft Attorney General Ashcroft U.S. Department of Justice US Department of Justice US Department of Justice 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue, NW Washington, DC 20530 Washington, DC 20530 Washington, DC 20530 Dear Mr. Ashcroft Dear Attorney General Ashcroft, Dear Mr. Ashcroft: I am writing to you regarding the Microsoft It is with great enthusiasm that I write to It is a firm opinion that the past three years case. To me, Microsoft symbolizes what you today to express my support for the of litigation with Microsoft has been very America stands for—free enterprise. They settlement reached in the Microsoft antitrust damaging to the economy on a whole. I truly should not be punished for their ability to dispute. The litigation was unwarranted. The hope that this litigation process will come to lead the industry and their competitors’’ end has come. And the technology industry end soon. My reason for writing to you is to inability to follow even closely behind. Ever can finally return to normal. express my support for the Microsoft since its inception, Microsoft has been an Microsoft did not escape this litigation settlement. I do not blindly support incredible act to follow. The company’s without compromise. The company agrees to Microsoft. I am a very happy Microsoft user software has been released with relatively restrict its business practices as to not and have had no major problems with the few glitches, has been very affordable, and retaliate against companies that develop or services rendered. I am also extremely has made the professional and personal lives promote competing products. Protocols that pleased with Microsoft’s initiative to of its users much more convenient. I use can benefit other companies will now have distribute software and services to school. Linux on several of my machines and think to be disclosed. To assure compliance, This is a very impressive and well-needed it is great but it is not suitable to the average Microsoft will be subject to the all-new effort. In following this case, I am also consumer, only Microsoft fits that bill. technical review committee, which will also satisfied with Microsoft’s strides to adhere to I also believe that the States that remain in sometimes manage disputes other firms have the guidelines of the settlement including opposition of Microsoft have not given close with Microsoft. Microsoft has been generous their development of Windows XP to enough consideration to Microsoft’s impact in its compromises to competitors. Microsoft promote non-Microsoft software within on the economic well being of this nation. should be allowed to focus on business now. Windows. As this entire issue has been With the country in a recession and at war, The IT community needs it. Our economy dragged on for quite some time now, it is my this is no time to negatively impact the needs it. Please continue to support this hope that my input and that of others will economic backbone of the technology settlement, and work through the appropriate help in the litigation process. industry. channels to have it enacted permanently. Sincerely, I know that when closure is brought to this Sincerely, Nolan Richards matter, it will do a world of good for the Marliene Branton economy and the industry. Thank you for cc: Senator Rick Santorum MTC–00031391 doing your part to recreate this stability. MTC–00031396 THE ESSENTIAL FACILITY CONNECTlON Sincerely. January 7, 2002 John M. McSwain Steve & Christine Bury Attorney General John Ashcroft cc: Senator Strom Thurmond PO Box 378 US Department of Justice, 950 Pennsylvania Congressman John Spratt Otto, North Carolina 28763 Avenue, NW Telephone: 828–369–5908 Washington, DC 20530–0001 MTC–00031393 January 14, 2002 Dear Mr. Ashcroft: Michael D. Kania Attorney General John Ashcroft I would like to begin by stating that the 724–935–3237 US Department of Justice scheme of breaking Microsoft should not [email protected] 950 Pennsylvania Avenue, NW have even been brought up. Since the January 15, 2002 Washington, DC 20530 conception of this suit, there has been an Attorney General John Ashcroft Dear Mr. Ashcroft:
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It is with great pleasure that I write to you government and Microsoft will come to an STATE OF SOUTH CAROLINA today to express my support of the settlement agreement as to how Microsoft runs its STATE HOUSE reached between the Department of Justice business. P.O.BOX 11867 and Microsoft. Three years have passed since It is good that Microsoft has agreed not to Columbia 29211 this litigation was introduced. During these retaliate against software or hardware (803)734–3065 years, the technology industry has suffered a developers who develop or promote software DOUGLAS JENNINGS. JR decline. In addition, many federal dollars that competes with or runs on Windows. It DISTRICT 54 were spent in this litigation process. The is also a sound decision that a technical JUDICIARY COMMITTEE settlement that was reached, then, signifies a committee comprised of three software HOUSE MINORITY LEADER step forward. The settlement includes many engineering experts will monitor Microsoft’s HOME ADDRESS different concessions. Microsoft agrees to compliance with the settlement and assist 151 BROAD STREET license Windows at a uniform price for the with dispute resolution. This will ensure the P. 0. DRAWER 995 majority of computer manufacturers. The best interest of all people, both Microsoft BENNETTSVILLE. SC 29512 largest twenty computer makers will now all employees and consumers. Again, thank you January 16, 2002 be able to license Windows at the same price for settling this matter. I give you my RENATA B. HESSE with the same terms and conditions. This support. This country has more prudent ANTITRUST DIVISION will eliminate some competitions between issues to attend to at the moment. U.S. DEPARTMENT OF JUSTICE manufacturers, cc: Senator Rick Santorum 601 D STREET NW I wish to reiterate the importance of this Sincerely, SUITE 1200 settlement. Settling this case will untie Wesley Argo WASHINGTON, DC 20530–0001 necessary budgetary resources. During MTC–00031399 RE: SETTLEMENT OF DEPARTMENT OF economic recession, this should be our JUSTICE ANTITRUST ACTION 2113 Arrowhead Drive priority, AGAINST MICROSOFT Olathe, KS 66062 Sincerely, Dear Ms. Hesse: I write to express my own January 14, 2002 Christine Bury support for the proposed settlement of the US Attorney General John Ashcroft Department of Justice antitrust action against US DOJ MTC–00031397 Microsoft. I understand that nine (9) of the 950 Pennsylvania Avenue, NW 2807 NW 83rd Street # Cl2 eighteen (18) states that joined in that action Washington, DC 20530–0001 Gainesville, FL 32606–8623 support the proposed settlement. The Dear Mr. Ashcroft I am writing to express January 15, 2002 Attorney General of my state, Honorable my opinions on the Microsoft antitrust Attorney General John Ashcroft Charlie Condon, long ago withdrew our state settlement. I do not believe the suit was fair US Department of Justice, 950 Pennsylvania from this lawsuit. As a practicing attorney to Microsoft to begin with. The Microsoft Avenue, NW and as Democratic Leader in our House of Corporation and its employees have attained Washington, DC 20530–0001 Representatives, I know that some disputes their dominant status in the IT industry are best resolved through negotiations and Dear Attorney General Ashcroft: through hard work and innovation, not It is time for litigation in the Microsoft through a concerted and conscious effort to settlement. This settlement is going to antitrust case to come to an end. I am hopeful block the advances of competing software impose strict new pro-competition and pro- that you will ensure the settlement that was producers. Nevertheless, Microsoft was consumer requirements on how Microsoft recently reached between you and Microsoft found to be in violation of antitrust laws and does business. It results from extensive carried through and this case is finally ended was brought to trial in the federal courts to negotiations with a court-appointed mediator at the federal level. After three years and answer for these violations. After three years and is of course supported by the Attorney great expense to your Department and of negotiation and mediation, Microsoft and General of the United States. It’s time to bring Microsoft, there is a light at the end of the the Department of Justice finally came to an this case to an end with this settlement. tunnel in this case: namely the settlement. agreement that would seem to be beneficial Sincerey, This settlement by no means lets Microsoft to Microsoft’s competitors while at the same Douglas Jennings,Jr. off easy. Included in this settlement axe time allowing Microsoft to remain intact. Democratic Party Leader provisions that will change the way Unfortunately, there are those who wish to South Carolina House of Representatives Microsoft does business. Microsoft will have see the settlement overturned and Microsoft MTC–00031401 to disclose an unheard of amount of destroyed. This is extreme. proprietary code to competitors under this Microsoft does not need to be rent asunder. HANNIG ENTERPRISES, INC. settlement so these competitors will be able The settlement has provided well for SPREAD EAGLE DEV. CORP. to make better software and compete against Microsoft’s competitors. Microsoft has agreed SPREAD EAGLE REALTY, INC. Microsoft. to license intellectual property rights that fall January 16, 2002 Regrettably extreme anti-Microsoft special under terms of the settlement to its Attorney General John Ashcroft interests may try to derail the settlement. competitors. Additionally, Microsoft will US Department of Justice They would prefer to see Microsoft damaged refrain from retaliatory behavior when 950 Pennsylvania Avenue, NW rather than see a reasonable conclusion to software is put on the market that directly Washington, DC 20530 this case. competes with Microsoft products. Microsoft Dear Mr. Ashcroft: As an industry expert, Sincerely, will also not enter into agreements wherein I would like to express my opinion on the Roger F. Bates a third party is required to endorse Microsoft recent settlement between Microsoft and the Department of Justice. While it is good that MTC–00031398 programs or products either at a fixed percentage or exclusively. Microsoft will not be broken up, it is my FROM : ARGO INTERNATIONAL Mr. Ashcroft, I do not believe further opinion that litigation should never have FAX NO. : 6105663807 Jan. 17 2002 11:47AM litigation against Microsoft is either occurred in the first place. To date, Microsoft P1 necessary or wise. The economy has suffered has been the most reliable source of new 826 Meredith Drive while Microsoft has been tied up in this suit, products and technology. They have created Elwyn, PA 19063–1714 and the IT industry has likewise been stunted services that no other company could and Attorney General John Ashcroft in its growth. Microsoft has, through this therefore have an unusually large market US Department of Justice, 950 Pennsylvania settlement, appeased the demands of justice. share. But their ability to be the best should Avenue, NW I urge you to let the settlement stand. Thank not be punished. Instead other companies Washington, DC 20530–0001 you. should be considered to perform at the same January 14, 2002 Sincerely, rate of growth and operating efficiency that Dear Mr. Ashcroft: I am glad that the Bill Barnhart Microsoft does. I look forward to the IT antitrust settlement with Microsoft has industry returning to normal and a large part finally come to a halt. I feel that it has gone MTC–00031400 of their comeback will be Microsoft’s ability on far too long. It’s about time that the The House of Representatives to focus on business, not politics.
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Sincerely, long years ago, I have been confused as to settlement to be decided on this month. As Charles M. Hannig why our federal government would choose to a taxpayer, I have felt that the only thing the cc: Senator Rick Santorum pursue and punish one of the most beneficial expensive government case has 442 Office Plaza, 200 Plaza Court, Suite A, companies in America today. Microsoft has accomplished is precluding free enterprise East Stroudsburg, PA 18301 done more for the world of computing than from continued growth in the technology (717)476–4747 * fax any other single entity in the world. Without sector. Therefore, the measures promised in (717)476–4749 their products, the enormous marketplace for this deal should be more than adequate to IT products that exists today would simply allow fair competition while still allowing MTC–00031402 not be around—not at all Included in the Microsoft to create quality products for North Carolina General Assembly proposed settlement are many points that are consumers. Though created by pressures Senate Chamber punitive towards Microsoft. One point from weaker companies envious of SENATOR CAL CUNNINGHAM requires Microsoft to open its proprietary Microsoft’s success and technology base, the 23RD DISTRICT software interfaces to other software settlement has achieved the lawsuit’s goals RALEIGH OFFICE 628 LEGISLATIVE manufacturers. This is an amazing affront to and then some. Microsoft will ensure no OFFICE BUILDING Microsoft and its lifetime investment in its retaliatory action against alternative software RALEIGH, NC 27601–2808 own product, and a first in an antitrust developers or the hardware makers that work (919) 733–5870 lawsuit. Yet, Microsoft is willing to renounce with those competitors. The decision will (919) 754–3252 FAX this and many others of its fair business also allow access to their internal interfaces (illegible)@NCLEG.NET practices to see an end to this unfortunate and licensing of their intellectual property. DISTRICT OFFICE 18 SOUTH MAIN lawsuit. For the millions of Microsoft All of this will then be monitored by a three- STREET stockholder and consumers Of Microsoft person technical committee of software PO BOX 2101 products, an end to the suit cannot come experts, to guarantee ongoing compliance. It ALEXINGTON, NC 27293 soon enough. For many, the government’s seems like an obvious choice for the sake of (336) 249 7731 prolonging the suit has already hurt the technology industry to approve this COMMITTEES financially. In the end, I wonder who will agreement and move on to more important JUDICIARY I, VICE CHAIR AGRICULTURE/ benefit from all of this wrangling. The issues. Please allow this action to stand and ENVIRONMENT/NATURAL Department of Justice owes all involved Microsoft to implement the moves they’ve RESOURCES parties an end to this suit. Thank you. promised. ≤APPROPRIATIONS/BASE BUDGET- Sincerely, Sincerely, EDUCATION Carol Shade Gabi Demeritt EDUCATION/HIGHER EDUCATION MTC–00031407 INSURANCE AND CONSUMER MTC–00031404 PROTECTION Joe TOWSON From: James Leahy JOINT SELECT COMMITTEE ON VOTING P. O. 6383 To Renata Hesse Fax. (202)616–9937 PROCEDURES Spartanburg, SC 29304 Republican Assembly of Illinois RURAL DEVELOPMENT January 16, 2002 Thomas F. Roeser—Founder * James A. TRANSPORATION Attorney General John Ashcroft Leahy—Executive Director Ms. Renata B. Hesse U.S. Department Of Justice January 15, 2002 Antitrust Division 950 Pennsylvania Avenue, NW Renata Hesse U.S. Department of Justice Washington, DC 20530 Antitrust Division 601 D Street NW Dear Mr. Ashcroft, I am writing you in Department of Justice Suite 1200 support of Microsoft’s decision to settle then 60l D Street NW Washington, DC 20530–0001 antitrust case with the federal government. I Washington, DC 20530 Via facsimile: (202) 307- 1454 think it is very fair, and goes beyond what Ms. Hesse: My name is James Leahy and Re: Support for Microsoft Settlement was originally at the center of the dispute. I am the Executive Director of the Republican Dear Ms. Hesse, I am writing to express my Microsoft made the decision to cede Assembly of Illinois (RAI), which is a support for the settlement that the privileges to computer makers to give them grassroots organization dedicated to the Department of Justice and several states, the chance to reconfigure Windows before principals of smaller government, local including North Carolina, have reached with they ship it to consumers. This means that control and lower taxation. RAI has been Microsoft. The settlement has earned the computer makers can promote non- vocal in its encouragement of ending the bipartisan support and represents a Microsoft software programs that compete Microsoft anti-trust case. I am writing you reasonable compromise. I understand that with programs included within Windows. today to provide you some of the reasons Microsoft is committed to becoming a more What’s more, Microsoft made the decision to why we have called for an end to this case responsible industry leader and has agreed to also cede protocols to other software in the past. make many significant changes in its companies in the hope that they will develop In November of 2001 it was reported that business practices. Along with our Attorney more streamlined software. Finally, Microsoft Microsoft had reached a proposed settlement General, Roy Cooper, I believe that the will not be allowed to retaliate against of the case with the US Department of settlement will be positive for consumers by software or hardware developers who take Justice. Here in Illinois we were grateful to enhancing competition in all aspects of the advantage of these decisions. I think this hear this case may be coming to an end. We technology industry. I will be pleased to see settlement should be approved so Microsoft were further encouraged to know that our this matter resolved as it will be a boost for can get back to business. I urge you to own Attorney General Jim Ryan had decided the technology sector, a vital component of approve this settlement. to end years of legal wrangling with the North Carolina economy. I urge the Sincerely, Microsoft and accept the settlement. This Department of Justice and the court to Joe Towson decision will bring an end to a case that has approve this settlement. Cc: Senator Strom Thurmond been very costly to the American taxpayer Senator Cal Cunningham and the United States economy. Not only MTC–00031405 have millions of taxpayers dollars been spent MTC–00031403 2830 Cabaline Trail on this case, the stock market has been 9953 South Beach Drive Hamel, Minnesota 55340 greatly affected. One can see the decline of ainbridge Island, WA 98110 January 15, 2002 the tech stocks is closely linked to when the January 12, 2002 Attorney General John Ashcroft government took aim at Microsoft. This Attorney General John Ashcroft US Department of Justice settlement will provide the technology U.S. Department of Justice 950 Pennsylvania Avenue, NW industry, which performed so well Washington, DC 20530–0001 Washington, DC 20530 throughout much of the 1990s, with the Dear Attorney General Ashcroft: From the Dear Mr. Ashcroft: I would like to express ability to get back to business without fear of start of the U.S. vs. Microsoft lawsuit, three my support for the pending Microsoft more government overregulation and
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interference. It is clear that to reach this Sincerely, damage to our country’s business community settlement all parties involved have worked Robert W. Harrell, Jr. by proceeding with any further action against together to resolve this case for the good of Chairman one of our country’s most successful the tech industry and the nation’s economy. businesses like Microsoft. I am hoping that It is my hope that the support of Judge Kollar MTC–00031409 this settlement will stand, and we can move Kotelly will be forthcoming. W.D.S. FINANCIALS on to more important priorities Sincerely, Commodity Futures and Options Sincerely, 333 N. Michigan Ave. Suite 932 * Chicago, Managed Accounts Rita Bane Illinois 60601 * 312–553–0097 * David Skinn 516 North Frederick Ave. MTC–00031411 MTC–00031408 Oelwein, Iowa 50662–1244 Presto Telecommunications, Inc. Presto Larry L. Koon 319/283–3761 Telecommunications, Inc. 10509 Vista First Vice-Chairman 800/632–5973 Sorrento Parkway Alfred B. Robinson Jr. January 17,2002 800/728–3761 Suite 300 Third Vice-Chairman Attorney General John Ashcroft San Diego, CA 92121 USA Marion P. Camell 950 Pennsylvania Avenue, NW Phone: (858) 642–0600 William Clyburn Washington, DC 20530–0001 Fax: (858) 642–0602 Gilda Cobb-Hunter Dear Mr. Ashcroft: I am writing to express www.prestotel.com Daniel T. Cooper my thoughts on the government’s anti-trust January 17, 2002 Bill Couy lawsuit against Microsoft, a case that I have Attorney General John Ashcroft, USDOJ C. Alexander Harvin III disagreed with since Day One. This matter is 950 Pennsylvania Avenue, NW Mark S. Kelley one that never should have been pursued, Washington, DC 20530–0001 Kenneth Kennedy and I, am glad that the two sides have agreed Dear Mr. Ashcroft, Unlike AT&T of years Herb Kirsh on a settlement. I want to ask that you please past, Microsoft is not a monopoly. Microsoft Harry B. Limehouse III accept the terms of their agreement. has maintained its position of strength not by Donald B. Hottel, Jr. Microsoft should be allowed to spend its force, but rather by the superior quality of its Chief of Staff time making products that will help the products, its commitment to service, and its Jeannie R. Potter technology industry, rather than spending it integration of software. I do not necessarily Executive Secretary on this unnecessary litigation. Settling now wish to make excuses on Microsoft’s behalf, Thomas G. Keegan will be beneficial to independent companies, but the facts are that consumers and Second Vice-Chairman because Microsoft has offered to share businesses alike simply prefer the reliability Merita A. Allison information with its competitors. This seems of Microsoft products to any of those offered Secretary/Treasurer more than reasonable, and I do not want to by its competitors. Never let it be said, Lanny F. Littlejohn see this case dragged. out any longer than it however, that there is neither room for E. DeWitt McCraw already has been. The Justice Department you improvement, nor room for someone else to Becky Meacham-Richardson run made the right decision when it decided develop a market better products than they. Denny W. Neilson to end this litigation, and I hope you will This is, after all, the very nature of the IT Richard M. Quinn. Jr. make the right choice by supporting the marketplace. In spite of these facts, however, Rex F. Rice Justice Department’s settlement. our government badly misunderstood John W. Riser Sincerely, Microsoft’s position in the volatile world of J. Roland Smith David Skinn software and made the erroneous assumption Lewis R. Vaughn that since Microsoft was as good as it was, Annette Young MTC–00031410 it simply had to be breaking the law. This Beverly C. Smith 1100 Cova Ciega Isle was never so. This settlement is good, Director of State St. Pete Beach, FL 33706 providing changes in both deslgn and Budgeting & Finance January 11, 2002 licensing of Windows. It should be accepted, Gordon 0. Shuford Attorney General John Ashcroft if only to remove this litigation from the Director of Legislation US Department of Justice courts and be done with it. I am writing to Policy Analysis 950 Pcnnsvlvania Avenue, NW voice my support of it, while at the same Robert W. Harroll, Jr. Washington, DC 20530 time I am communicating my displeasure Chairman House of Representatives Dear Mr. Ashcroft, I am glad that this over this entire sordid episode. P. 0. BOX 11867 TELEPHONE: 734–3144 Microsoft lawsuit has been settled. Aside Sincerely, Columbia, SC 29211 from the obvious problems that the lawsuit Ross Cook January 16, 2002 had to begin with, it is certainly an unwanted Chief Information Officer Ms. Renata B. Hesse distraction now that more important events Antitrust Division in our nation have virtually eclipsed the MTC–00031412 U. S. Department of Justice lawsuit’s importance. Resides, it’s a fair 128 W Ormsby Avenue 601 B Street NW settlement in its own right, yielding Louisville, Kentucky 40203 Suite 1200 concessions to both hardware and software January 7, 2002 Washington, DC 20530–0001 companies, including disclosure to both Attorney General John Ashcroft Re: Microsoft Settlement groups of interfaces and protocols within U.S. Department of Justice Dear Ms. Hesse: This is to express my Windows. The settlement makes it so that 950 Pennsylvania Avenue, NW support for the settlement that Attorney Windows can be altercd to suit hardware Washington, DC 20530–0001 General Ashcroft agreed to regarding the companies more effectively if they want to Dear Mr. Ashcroft, It’s about time that the Department of Justice antitrust action against sell non-Microsoft software with the Department of Justice has decided to end Microsoft. The settlement puts important Windows operating system preinstalled. This their crusade against Microsoft. Finally, the new restrictions on Microsoft, yet it allows will be especially possible now, because average person will stop worrying about this that company to continue to compete and Microsoft must redesign Windows to make it and Microsoft can get on to making better innovate. Nine of the eighteen suing states more accommodating to non-Microsoft products. Of course, making a better product decided to support the settlement, and our applications, particularly sophisticated is what got them here in the first place. It’s own state’s attorney general, Charlie Condon, multi-media applications like RealAudio or because Microsoft simply makes a better previously decided to stay out of the lawsuit. QuickTime. Our national efforts should now product than their competitors that put them In my opinion it will benefit consumers, be invested in issues like rebuilding our where they are, not because they’re a competition and the economy to allow this economy, creating jobs and strengthening our monopoly. Companies should not be long-running lawsuit to be brought to a national security. We should not spend any punished for doing well, especially not conclusion as soon as possible. more time continuing our self-inflicted hardworking American companies like
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Microsoft that have such a large impact not Attorney General John Ashcroft MTC–00031416 only on our economy, but on the way the US Department of Justice 950 Pennsylvania American internet Services Network average person lives his or her life. The Avenue, NW Internet Services Worldwide settlement maintains the need for a strong Washington, DC 20530 January 17, 2002 position in the IT market for Microsoft, and Dear Mr. Ashcroft: I am very tired of the Attorney General John Ashcroft does so without the anticompetitive secrets baseless, and seemingly endless, lawsuit U.S. Department of Justice endemic to owning an operating system and against Microsoft, and am writing to plead for 950 Pennsylvania Avenue corresponding applications. The settlement closure. I am not merely writing because I am Washington, DC 20530 publicizes these secrets and thus gives more a strong supporter of Microsoft, but also Dear Mr. Ashcroft, With all due respect, information to software companies to because despite the unfair way that Microsoft the federal government’s antitrust lawsuit develop corresponding software. I think this has been treated, I have still managed to against Microsoft was the antithesis to the whole thing with Microsoft should never muster a level of confidence in my principles of capitalism and free market have gotten started in the first place, but I am government. I trust that my voice will not go enterprise. Therefore, I am very pleased with happy that it’s finally over. I only hope that unheard and that my opinion will count the settlement particularly because it spares you will be able to use your influence to toward the prompt resolution of this matter. Microsoft from being broken up. The sway the rest of the states that continue to I have a very difficult time understanding settlement may not be perfect; however, the try and harass Microsoft just to get their own why there is still such intense opposition anticipated results will be superior to pound of flesh. against Microsoft. Over the years, Microsoft anything a costly, time-consuming, and Sincerely, has proven itself a leader in the industry. counterproductive lawsuit would have Mary Ray This company’s innovation is seen in almost accomplished. In fact, the government’s MTC–00031413 every corner of the globe. I have used original goal to break up Microsoft was Microsoft products for several years and I seriously misguided. If successful, this would Catherine Verhulst have no intention to shift my loyalty from the have been a disaster for standardization and 1560 N Sandburg Terrace Apt. 1112 company. I find their software affordable and reliable software products with regard to the Chicago, IL 60610–7709 user-friendly. In addition to that, I have been Windows OS. In short, Microsoft would not January 17, 2002 thoroughly impressed with the way Microsoft function well as three separate companies. Attorney General John Ashcroft has handled the requirements of the Innovation would be the first casualty of this United States Department of Justice settlement. They have established a scenario. The settlement should more than Washington, DC 20530–0001 Technical Committee to assist with conflict satisfy Microsoft’s critics because, if one Dear Attorney General Ashcroft: I am resolution; they have also made it easier for accepts the premise that Microsoft was a writing to express my opinion of the recent competitors to access Microsoft features; and monopoly, the settlement’s requirements will antitrust case settlement between Microsoft have given computer makers the flexibility to put an end to any anticompetitive behavior and the United States Department of Justice. in very short order. Microsoft has agreed not configure Windows in order to promote non- I think the lawsuits over the last three- years to retaliate against computer makers who Microsoft software. It is fair to say that were unwarranted and unfair. The fact that ship software that competes with anything in Microsoft has not only been an industry there has been a tentative settlement is a its Windows operating system. It is also going leader, but a booster of the economy in past relief, but I still think the penalties are too to be required to share portions of its harsh and biased against Microsoft. Under few years. They have recently proven their Windows source code with its competitors. the terms of the settlement, two points diplomacy in the way the handled this These two aspects of the settlement alone concern me. One, Microsoft is not allowed to lawsuit and settlement. I am sure that they will significantly improve competition in the enter into third party agreements for are looking forward to the end of this matter marketplace—negating a break up of exclusive or fixed percentage distribution as are the majority of the American people. Microsoft I truly hope this matter is finalized rights. This seems to inhibit Microsoft’s Sincerely, and that the settlement is instituted very ability to build and maintain market share in Gordon Stamler soon. a competitive environment. Furthermore, cc: Senator Strom Thurmond Daniel Lundahl companies such as Pepsi and Coca-Cola live MTC–00031415 President by their ability to enter into o third party 1611 Colonial Parkway o Inverness, Illinois agreements. They are not being prosecuted, Steve Scott 60067 o nor should they be. Two, Microsoft has 5612 Lake Washington Boulevard, NE Phone: 847 / 202—1400 o Fax: 847/ 202— agreed to license its Windows operating Kirkland, WA 98033 4460 system products to the 20 largest computer 16 January 2002 makers on identical terms and conditions, Attorney General John Ashcroft MTC–00031417 including price. This term essentially creates The US Department of Justice From: Jack 360 240 0589 a monopoly whereby the different vendors 950 Pennsylvania Avenue, NW To: Attorney General of the United can collaborate to raise prices at the same Washington, DC 20530–0001 Date: 1/17/02 Time: 10:57:20 AM time. If Microsoft is not allowed to profit Dear Mr. Ashcroft, I am writing to express 2134 Stoney Beach Lane from it’s unique ingenuity, new software that my happiness about the Microsoft antitrust Oak Harbor, WA 98277 drives America’s productivity and internet settlement. I believe that the government ([email protected]) usage (particularly e-commerce) will cease to should accept the settlement and allow Attorney General John Ashcroft be developed at a rate which is beneficial. It Microsoft and the industry as a whole to U.S. Department of Justice is in the best interest of the American public move on. Microsoft did not get off easy by 950 Pennsylvania Avenue, NW for the settlement to finalize, because our any stretch of the imagination. The Company Washington, DC 20530–0001 economy and the IT industry in particular agreed to terms that had nothing to do with January 17, 2002 cannot afford to have Microsoft be hindered the products and procedures that were Dear Mr. Ashcroft, I’m writing to encourage any longer. Please end this legal battle in a actually at issue in the suit, as well as the you to support the recent settlement just way for our nation. original claims of the suit. Disclosing Microsoft has reached with the United States Thank you. intellectual property for competitors is a Justice Department. Microsoft has agreed to Sincerely for justice, great example of these extensive additional settlement terms that will not only allow Catherine Verhulst terms. Now the government needs to accept itself to return to the business of developing the settlement after it doggedly negotiated it. innovative software, but it will also make the MTC–00031414 Once the settlement is agreed to, Microsoft software industry much more competitive. Gordon Stamler and the whole industry will be able to move Microsoft has, for example, agreed to grant 16 Pine Island Court on and capture the economic position that computer makers and software developers Hilton Head Island, SC 29928 they once enjoyed. broad new rights to configure Windows to 843 363 2939 Sincerely, remove or disable Microsoft products and Email [email protected] Steve Scott promote non-Microsoft products, such as
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Netscape Navigator, AOL Instant Messenger, US Department of Justice settlement withdrawn this case brought back or RealNetworks’’ RealAudio. Microsoft has 950 Pennsylvania Avenue, NW to court. They are mistaken. The settlement also agreed to not retaliate against companies Washington, DC 20530 is thorough, and after three years this case who choose to do this, nor will Microsoft Dear Mr. Ashcroft: simply has gone on for too long, more than retaliate against computer makers who ship I am writing to urge your support for the three years at this point. operating systems that compete with recent settlement between Microsoft and the Again, please ensure this settlement is put Microsoft. Department of Justice. This agreement ended into place and turn your back those that seek Microsoft has further agreed to not enter a long court battle that, in my opinion, was to mindlessly promote more litigation in this into any contract that will obligate third a waste of both time and taxpayers’’ money. case. parties to exclusively or in a fixed percentage The basis of the antitrust suit was the Sincerely, distribute or promote Windows. monopolization by Microsoft of the computer Warren Scott These terms will result in a much more industry. What was ignored was that MTC–00031421 level playing field that allows smaller, Microsoft’s systems work. Microsoft was one developing software companies to compete of the first companies to offer an integrated Power Solutions and mature. For these reasons, I encourage software package, allowing for the From the desk of...... you to support the recent settlement. As a simplification of basic operating functions William F. Nemecek late Computer User—started some 12 years that we now enjoy. I believe that competition 2617 Mt. Isle Harbor Dr. ago at age 70—I find the Microsoft Products and free enterprise will eventually reign in Charlotte, NC 28214–5413 invaluable for development of my computer any company. I do not believe any one (704) 398–9703 Fax (704) 398–0077 skills—a company that proves its excellence company dominates a field for too long. I also Internet: [email protected] by being the leader of Product Development beleive that for efficient computer use by the January 17, 2002 in the Computer Industry should not be majority of people, it is imperative that the Attorney General John Ashcroft haggled to such a great extent by the operations be as simple and consistant as US Department of Justice, 950 Pennsylvania Government, States, and opportunistic possible. The Microsoft system isn’t perfect Avenue, NW lawyers. yet and it probably never will be, especially Washington, DC 20530–0001 Sincerely, if the government continues this harassment, Dear Mr. Ashcroft: John K. Jouett which does nothing more than bleed off During this period of public comment. I Lt. Col. USA Retired money that could be spent on further R&D— want my opinion entered into the public not lining the pockets of the lawyers. I hope record. Although I do not believe that MTC–00031418 that there are no further delays in the Microsoft has ever operated as a monopoly, FROM : JLS-FIN-SvC settlement process. Thank you. I think it serves this country to let the FAX NO. : 717–545–5117 Jan. 17 2002 Sincerely, settlement, delivered by the Appeals Court, 02:56PM P1 Doug Stuart to happen without delay. JAMES L.SMITH 01/17/02 THU 13:07 FAX 802 759 2049 As a retired employee of IBM, I have 1178 Twin Lakes Drive Champlain Bridge Marina 001 witnessed antitrust lawsuits with IBM, and Harrisburg, Pa. 17111 have seen the tendencies to always pick on MTC–00031420 (717) 545–5117 the big guy, the one who has the greater (717) 545–5117 PARKER & ASSOCIATES REALTY market share, the company who has forged [email protected] 1330 LEYDEN STREET, SUITE 104 ahead with incredible innovation to separate January 16, 2002 DENVER CO. 80220–2115 themselves from the rest of the pack. From Attorney General John Ashcroft OFFICE 303–329–8210 FAX 303–329–0094 the point of view of the consumer/taxpayer, U.S. Department of Justice Date: 1/17/02 the antitrust suit against Microsoft was Washington DC 20530–0001 TO: Attorney General John Ashcroft unfounded, has caused Microsoft to spend Dear Attorney General Ashcroft: U.S. Dept. of Justice millions of dollars on their defense and the This letter is an effort to encourage you and 950 Pennsylvania Ave. NW consumer ends up paying, not saving. The the federal government to proceed with the Washington, DC 20530 suit served as an agenda of a few companies settlement of the Microsoft anti-trust case. Phone: Fax 1–207–307–1454 to knock down the giant to create an ‘‘even This controversy has had a debilitating effect CC: REMARKS: URGENT For your review playing field,’’ rather than create and on one of our most innovative and Reply ASAP Please comment demonstrate superiority with their own productive companies and its dynamic 2636 Madison Street products as many other companies have industry without producing any noticeable Denver, Colorado 80205 done. benefit to anyone other than the legal January 12, 2002 Microsoft is still embroiled in more profession. My greatest concern is that this is Attorney General John Ashcroft litigation. Please do not continue to punish diverting resources from the more important US Department of Justice a company for having great success and objective of fighting terrorism. That is a topic 950 Pennsylvania Avenue. NW innovation with their products. The for a much longer letter. Washington. DC 20530 consumer and taxpayer ends up paying as a The settlement plan calls for these Dear Mr. Ashcroft: result. Microsoft has agreed to the terms that concessions from Microsoft: Abandon its Microsoft has developed very innovative extend far beyond the products and more tenacious marketing practices. License products in the past twenty years. I was procedures that were actually at issue in the its systems products to the largest computer saddened to see the Justice Departmcnt bring suit, for the sake of wrapping up the suit. It manufacturers on nearly uniform terms. the antitrust case against Microsoft but was is time to move on. Make Windows systems accessible to non- pleased to see a settlement was recently As a taxpayer and consumer, I urge you to Windows software. Disclose to competitors reached in this case.I trust you will see this please allow the current proposed settlement various internal interfaces of Windows. settlement through to the end. to be enforced. The black cloud this suit has In a nutshell Microsoft is going to crack its This settlement will create an over Microsoft needs to be lifted and would own shell and open itself up to competition. unprecedented amount of openness in the significantly effect the economic situation in Please look favorably on the settlement. technology industry. It calls for Microsoft to this country. Microsoft sees how important it Thank you. disclose its internal interfaces and the means is to get back to building success and Sincerely, by which Windows communicates with other innovative products. So do I James L. Smith programs. What this means is Microsoft will Sincerely, disclose more information to competitors William Nemecek MTC–00031419 than has ever been offered by an IT firm 255 Algonquin Drive before to competitors. Sadly some MTC–00031422 Vergennes, Vermont 05491 competitors and others believe this ELLIOT BAY DESIGNS January 16, 2002 settlement does not sufficiently ‘‘punish’’ or C/O Rozann Cherry Attorney General John Ashcroft harm Microsoft. They would like this 108 15th Ave.
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Kirkland, WA 98033 right, having a stable job and superior health support many of the concepts in the (425) 803–2992 benefits is becoming a rarity. Obviously, I settlement, such as anti- retaliation laws, my January 17, 2002 support the settlement that was reached in overarching concern is with the government Attorney General John Ashcroft November- as do the majority of people that mandate on behavior that should be the US Department of Justice, 950 Pennsylvania I associate with. personal business of Microsoft. In the interest Avenue, NW Microsoft should be allowed to focus their of moving forward, this agreement is the best Washington, DC 20530–0001 energy and resources to more productive compromise possible and the most effective Dear Mr. Ashcroft: activities, rather than litigation. Please way to appease the critics without disabling I’m writing to encourage you to support the support this settlement so this dispute can be a company’s ability to create and grow. recent antitrust settlement reached between resolved. Thank you for your support. Please end this debilitating legal action and Microsoft and the United States Department Sincerely, allow Microsoft to implement these very fair of Justice. I believe it is now time to end this Kristen Haynes terms. All questions of competitiveness senseless litigation so Microsoft can move Owner / Broker In Charge should be answered from here forward by forward with the business of developing (704) 372–2252 letting the free market be able to determine innovative software. the winner as it should be. Thank you very As part of the settlement, Microsoft has MTC–00031424 much. agreed to grant broad new rights to computer Dale Stoughton Sincerely, makers and software developers to 971 E. Durness Ct. John W. Melstrom, CPA Partner reconfigure Windows so that Microsoft Wake Forest, NC 27587 691 N. Squirrel Rd., Ste. 250—Auburn products can be removed and competitive January 17, 2002 Hills, MI 48326 products can be installed in their places. Attorney General John Ashcroft Telephone (248) 377–0900 Facsimile (248) Further, Microsoft has agreed to not retaliate U.S.D.0.J. 377–0909 against computer manufacturers or software 950 Pennsylvania Ave. N. W. developers who choose to do this. Nor will Dear Mr. Ashcroft: MTC–00031426 Microsoft retaliate against computer makers I am writing to let you know how I feel Barbara M. Vakulskas who choose to ship operating systems that about the recent settlement between 4300 Country Club Blvd. directly compete with Microsoft Windows. Microsoft and the Justice Department. I Sioux City, IA 51104 Overseeing compliance of the settlement will support the settlement that was reached, and (712) 239–1830 be a ‘‘Technical Committee’’ comprised of am a supporter of Microsoft as well. FAX (712) 252–5003 three software engineering experts. This I don’t think it was very wise for the [email protected] committee will also assist in any dispute government to prosecute Microsoft in the January 17, 2002 resolution should a complaint be filed by first place. However, it is my belief that the Judge Kolar Kottely anyone who believes Microsoft is not settlement will bring closure to this three- c/o Renata Hesse complying with the terms of the settlement. year dispute. The settlement contains Trial Attorney For these reasons, I encourage you to support seemingly dozens of tough conditions, such ntitrust Division this settlement so we can put this business obligating Microsoft to license Windows U.S. Department of Justice behind us and move forward to develop operating system products to the 20 largest 601 D Street NW, Suite 1200 better, more innovative software. computer makers on identical terms and Washington, DC 20530 Sincerely, conditions, including price. Also Microsoft Dear Judge Kottely, The settlement of the Rozann Cherry has agreed not to retaliate against it’s Microsoft antitrust case was a positive competitors use or promote other software occurrence for the United States. MTC–00031423 that competes with Microsoft’s. These Presently our economy is enduring some January 16, 2002 insurance buffers ought to adequately curtail harsh economic conditions. The markets are Attorney General John Ashcroft any unfair influence by Microsoft. falling, many businesses have had to close US Department of Justice Thank you for your continuing good work down, and we’ve endured thousands of 950 Pennsylvania Avenue, NW at the D.O.J. layoffs. The technology industry in Washington, DC 20530 Sincerely, particular, which helped fuel much of the Dear Mr. Ashcroft: Dale Stoughton financial gains of the 1990’s, is suffering I am writing you today to express my through its own severe downturn. Although thoughts on the Microsoft antitrust dispute. MTC–00031425 we are experiencing an economic slump, Microsoft is a company that has contributed FENNER MELSTROM & DOOLING, LLP. many believe that reviving the technology a great deal to our society and the technology CERTIFIED PUBLIC ACCOUNTANTS sector would he good for the nation. industry. Not only am I a stockholder, I am January 16, 2002 The antitrust case was stifling Microsoft a republican voter who believes that ‘‘less Attorney General John Ashcroft with hostile attacks and legal maneuvers. government is better’’. I do not feel that U.S. Department of Justice Settling the case was right for the economy Microsoft, or any other company, should be 950 Pennsylvania Avenue, N.W. and the well being of our nation. It’s my stifled or punished for being successful. They Washington, D.C. 20530 understanding that Microsoft agrees to grant contribute greatly to our society as a whole, Dear Mr. Ashcroft: computer makers new rights to configure and also to the government tax rolls’’. If other As a regular user of Microsoft products, I Windows, and will disclose different parts of companies do not have the technology that would like to write in support of settling the their Windows operating system. This is a Microsoft has, then those companies should federal lawsuit at the end of this month. The fair accord and all parties involved in the step up to the bar- set by Microsoft. We tactics used by Microsoft despite the opinion case will benefit. I support the settlement should not lower the bar, nor punish of the Justice Department are, in my opinion, completely. companies, for being successful. This smacks not monopolistic and further legal action Thank you. of socialism- and look at what socialism has should no longer he necessary. Sincerely, created in Russia. In America, it should be Analogous to the experience of Henry Barbara M. Vakulskas that all those who work hard and strive to Rearden, as narrated in the book ‘‘Atlas succeed have a shot at better lives—not to tell Shrugged’’ by Ayn Rand, the disruption of MTC–00031427 them ‘‘don’t do too well or the government the free-market system to stifle a business in AMERICAN LEGION will penalize you for your ingenuity’’ (while favor of its lesser competitors only gives NELSAN-HORTON POST NO. 204 still taking the money that these companies power to those who misuse or squander it. THE AMERICAN LEGION provide through taxes, business licenses, etc). Microsoft has not used its power to gauge the SEVENTH DISTRICT Have the courts thought of the sheer number public, so to punish the company only DEPARTMENT OF MINNESOTA of people that are employed and are given punishes consumers, who have been LITCHFIELD, MlNNESOTA 55355 superior benefits by Microsoft? With receiving a user-friendly and efficient Jan 17, 2002 companies laying off employees left and product at very minimal cost. Though I Dear Renata B. Hesse,
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Antitrust Division Antitrust Division needs its leader back, so it is time to wrap U.S. Department of Justice United States Department of Justice up the suit and move on, Please finalize the 601 D Street NW 601 D Street, NW Microsoft antitrust settlement. Washington, DC 20530–0001 SUITE 1200 Sincerely. I dont write these kinds of letter often and Washington, DC 20530 Dr. Neil Randle I only do so when I feel the issue is crucial Dear Ms. Hesse: enough to let our leaders know how I feel. I am writing to advise you of my support MTC–00031432 I am writing you today to express my support for the proposed settlement agreement CAPITOL OFFICE of the Microsoft Settlement. My home between the United States federal State Capitol o Room 201C–A computer and my computer at my office both government and the Microsoft Corporation, 201 West Capitol Avenue use Microsoft software. and to encourage you to approve this Jefferson City. MO 65101–6800 Microsoft is a business that countless settlement agreement. Based on the Tele: 573—751–4039 people in this country have come to rely on information I have reviewed, this proposed Fax: 573—75l-5271 for a great number of services. It was in the settlement agreement would be of E-Mail:[email protected] best interest of our nation to settle the case. tremendous benefit to consumers in Virginia MISSOURI HOUSE OF REPRESENTATIVES I understand that Microsoft agreed to a new and other states. The dispute between MARK L. RlCHARDSON windows design obligation and set a uniform Microsoft and the federal government needs State Representative pricelist. By continuing this legal issue, we to be concluded as quickly as possible, and District 154 were only hurting our already weak economy a fundamental part of this settlement HOME ADDRESS and the chance of an economic turn around agreement should be a recognition that P.O. Box 310 was all the more possible. Microsoft should be empowered to decide Poplar Bluff. MO 63901—0310 which products and features it offers to the Most Sincerely, Tele: 573—785–4606 public and how those products are priced. Bruce (Illegible) FAX: 573—785–8858 This is in the interest of competition, and Commander TO: Renata Hesse bringing the best possible products, at the FAX # (202)616–9937 lowest possible price, to consumers. MTC–00031428 FROM: Rep. Mark Richardson The finalization of this settlement 809 Balmoral Court Number of pages (including cover page): 2 agreement is particularly important to the Inverness, Florida 34453 DATE: 1–17–02 Commonwealth of Virginia. As you know, January 10, 2002 COMMENTS: Virginia is a technology friendly state, and Attorney General John Ashcroft MARK L. RICHARDSON technology companies have flourished US Department of Justice State Representative within the Commonwealth over the past 950 Pennsylvania Avenue, NW District 154 several years. We need to do everything we Washington, DC 20530 January 17, 2002 can to encourage a continuation of this Dear Mr. Ashcroft: Renata Hesse important economic development activity, Being a fervent supporter of Microsoft and and we need to make certain that we not Trial Attorney—Antitrust Division its great success, I feel very strongly that this impede the success of companies like Department of Justice settlement is in the best interest of the public Microsoft in any way. 601 D Street Northwest, Suite 1200 and should be concluded as soon as possible. Once again, I would encourage you to Washington, DC 20530 Microsoft is a great company and should be approve the proposed settlement agreement Dear Ms. Hesse: recognized for it. In a country that between the federal government and Over the years, I have found that when encourages creative problem solving, it seems Microsoft and I appreciate your willingness negotiations result in a little something for ironic that Microsoft is being punished in the to consider my views on this important issue. everyone, the negotiations were successful. first place. I believe that the terms of this Very Truly Yours, This is exactly the result of the recent settlement go well beyond the issues at hand. BILL BOLLING negotiations between Microsoft and the U.S. Microsoft has agreed to do everything in its Senate Department of Justice. The settlement allows power to address and change these concerns, Fourth Senatorial District Microsoft to create new generation products which can be seen from the interim release BB/dpg that can help the economy grow and help of Windows XP (the new version of Windows businesses better communicate with their that promote non-Microsoft software within MTC–00031431 customers and clients. Additionally, the the program). Microsoft has been punished Dr. Neil Randle. DC needs and concerns of Microsoft’s enough. The recession has had a grave effect 2002 Schuster Parkway competitors were taken into account in the on state and Federal budgets and it is Tacoma, Wa. 98402 final agreement. important that the technology industry be January 17,2002 I support the recent agreement between the allowed to concentrate on business now Attorney General John Ashcroft Justice Department and Microsoft. I regret Sincerely, US Department of Justice that a Committee and the court system have Dr. Arthur F. Zaccaria (352) 726–1337 950 Pennsylvania Avenue, NW had a hand in developing the future of Arthur Zaccaria Washington, DC 20530 software design instead of the free market. At Dear Mr. Ashcroft: the same time, this entire process was an MTC–00031430 I am writing today to urge you, along with effort on the part of competitors to cripple SENATE OF VIRGINIA the Department of Justice, to accept the Microsoft and eliminate competition. BILL BOLLING Microsoft antitrust settlement and put the Point-of-sale should be the true test of 4TH SENATORIAL DISTRICT case to rest. The suit against Microsoft has competition. Either your product is COUNTIES OF HANOLA, CAROLNE gone on for over three years. Persued by the marketable or it is not. The courts and COGEX, KING AND QUEEN KING previous administration, and is in part, cause regulatory agencies have no role in this WILLIAM MATHEWS, MIDDLESEW, of the present financial plight of our country. important process when job creation and NEW KENT AND RICHMOND Microsoft, along with the rest of the small business development is at stake. PART OF RIDGECHESTER COUNTY technology industry, deserves to see this case Sincerely, POST OFFICE BOX 5637 settled. Mark L. Richardson MECHANGVILLE, VIRGINIA 23116 The terms of the agreement are fair. State Representative COMMITTEE ASIGNMENTS, Though many people think that Microsoft got MLR/bas AGRICULTURE, CONSERVATION, off easy—I think they did not. Microsoft has NATURAL RESOURCES EDUCATION accepted terms that are well outside of the MTC–00031433 AND HEALTH CRIMINAL LAWS, scope of the charges in the lawsuit, in the Dominion [ILLEGIBLE] AND ELECTIONS interest of settling the suit. William C. Hall, Jr. January 17, 2002 The technology industry has been going Vice President Reneta Hesse, Trial Attorney through some tough times. The industry External Affairs and Corporate
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Communications Renata Hesse information to its competitors. They have 120 Tredegar Street, Richmond, VA 23219 Antitrust Division even gone so far as to change the way they Mailing Address: P.O. Box 26532 Department of Justice design their software. The design changes Richmond, VA 23261 Fax: 202–616–4937 will result in consumers having the ability to January 17,2002 Fax: 202–307- 1454 more easily change the configuration of their Ms. Renata Hesse I am writing in regards to the antitrust case system. By agreeing to these terms, Microsoft Trial Attorney against Microsoft. I am pleased to hear that is really doing more than should be expected Antitrust Division a settlement has been reached that will build o f it. However, in the interest of ending this Department of Justice new relationships between Microsoft and long, drawn out litigation, I support the terms 601 D Street NW, Suite 1200 other technology companies. That connection to which Microsoft has agreed. Washington, DC 20530 will provide the marketplace with even more This case has had a devastating impact on Dear Ms. Hesse: new and innovative products. As a longtime the U.S. stock market. In this time of With regard to the Microsoft settlement, business owner, a mother and grandmother, recession, the government should be doing the enforcement provisions of this agreement I can remember the days when one had to whatever it can to encourage businesses to would make it quite easy to slow innovation communicate via phone or through U.S. succeed. The continuation of this lawsuit and delay product launches by the filing of Postal Service only. I also remember when will clearly have the opposite effect. I hope multiple complaints. Microsoft’s competitors one had to write checks and present them the Court and the Department of Justice heed attempted to do with Windows XP. only in person to get cash, or had to go to the people’s call for an end to this litigation. I might add that there has been no the library to do literally all of one’s research. Thank you. consumer harm as a result of any actions Most of us including my children and Sincerely, taken by Microsoft. In fact, Microsoft’s grandchildren can’t imagine life without e- Greta Bryan innovation has led to tremendous benefits for mail, ATM machines or the internet because MTC–00031437 consumers, such as better products and lower we rely on these things everyday to make our prices. Products like Windows have allowed lives easier. Microsoft has certainly aided in 3290 W 7545 S countless Americans to work from home in providing the necessary tools for us to run West Jordan, UT 84084 various enterprises without having to employ our business, communicate with friends and January 17, 2002 and pay for costly computer set-ups. family who are far away, and also to educate Attorney General John Ashcroft Antitrust law is supposed to be about future generations. US Department of Justice consumer harm that the government has been Microsoft has gone one step further in 950 Pennsylvania Avenue, NW unable to show. today’s world of technology that will greatly Washington, DC 20530–0001 Yours truly, affect our families. Microsoft is working Dear Mr. Ashcroft: Wm. C. Hall together with DIRECTV & Ultimate TV to Microsoft has been involved in an antitrust William C. Hall, Jr. change the way we watch television. We will suit for the past three years, and in be able to watch or record two live shows at November, when a settlement was reached, I MTC–00031434 the same time and then view them whenever began to hope that the whole ordeal would MOBILIO INSURANCE AGENCY our schedule permits. This also allows soon be over. Nine states, however, continue 259 Shrewsbury Street Personal Service for parents to better monitor what their children to remain litigious, and it worries me that all kinds of Insurance watch on television and at the same time this may not be the end. Microsoft and the Worcester, MA 01804 allows parents to watch their shows. Not Department of Justice have spent a great deal 808–752–2582 only has Microsoft changed the way we of time and money during this trial, and I can January 17, 2002 watch television, but we are now able to only imagine how much more would be Renata Hesse ‘‘surf’’ web sites on the internet,check e-mail squandered in the pursuit of additional Trial Attorney and participate in educational programs with litigation when a settlement has already been Antitrust Division our children all at the same time! We can reached. Department of Justice now work from home and spend quality time A court-appointed mediator oversaw 601 D. Street NW, Ste 1200 with our family. Microsoft has extended to round-the-clock negotiations from June to Washington, DC 20530 many people like me the benefits that will November. Microsoft agreed to terms in the Dear Attorney Hesse: serve my family for years to come. The settlement that restricted products and It is my understanding that the Justice settlement is a refreshing change in today’s procedures that were not found to be Department is seeking imput under the seemingly bleak times unlawful by the court of appeals. A great Tunney Act review process, regarding the Sincerely, effort has been made to right any wrongs proposed settlement in the Microsoft lawsuit. Lorna Yaeb Microsoft committed, and I believe the time Given the state of our economy right now, we Telephone: (813) 681–5796 Fax: (813) 654– has come to accept the settlement and move should do everything possible to spur 6369 on. The settlement requires that Microsoft growth, not hinder it. As a small not take retaliatory action when directly MTC–00031436 businessman, I understand competition. competitive software is introduced into the Competition is healthy for the American FAX NUMBER: 1–509–575–6330 market. Additionally, Microsoft has been Econmomy. I use Microsoft products in my GRETA BRYAN required to reformat future versions of business and they have been a great help to 4823 Snowmountain Road Windows so that the operating system will me. They have allowed me to better serve our Yakima, Washington 98908 support non-Microsoft software. Microsoft clients and manage my business. January 12, 2002 also plans to document and disclose source There has been no consumer harm as a Attorney General John Ashcroft code, protocols, and interfaces for use by its result of any actions taken by Microsoft. US Department of Justice competitors to improve inter- operability Microsoft’s innovations have, in fact, helped 950 Pennsylvania Avenue, NW among different software products. many small businesses like mine grow. I urge Washington, DC 20530 I urge you, Mr. Ashcroft, to allow the the government to settle this case as quickly Dear Mr. Ashcroft: settlement to stand. as possible. I support the settlement of the Microsoft Sincerely, Yours truly, antitrust case. This case should not have Paul Johnston Mark J. Mobilio been brought in the first place and I, like MTC–00031438 Mobilio Insurance Agency most members of my community in Yakima, Washington, am anxious to see a conclusion Suleiman Ajlouni MTC–00031435 to this litigation. 1019 Pear Tree lane Lorena Jaeb In settling this case, Microsoft is going Wheeling, IL 60090 P.O. Box 428 beyond what should be expected of it. What January 17,2002 Mango, Florida 33550 strikes me as particularly impressive is John Ashcroft, Attorney General January 9, 2002 Microsoft’s agreement to disclose interface 950 Pennsylvania Avenue, NW
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Washington, DC 20530–0001 US Department of Justice reached in the Microsoft antitrust dispute. I Dear Mr. Ashcroft: 950 Pennsylvania Avenue, NW hope that we can finally put this litigation I urge you to settle the Department of Washington, DC 20530 behind us. I appreciate all the work that you Justice’s ongoing antitrust lawsuit against Dear Mr. Ashcroft: have done in bringing this settlement about, Microsoft. I believe that the government has The purpose of this letter is to go on record and I hope that you continue to support it. other priorities it should be concentrating on, as being a staunch supporter of the I feel that this case has been extremely bad and that Microsoft should have the freedom settlement that was reached between for the American economy, not to mention to continue producing innovative new Microsoft and the Department of Justice last the IT sector in general. With this settlement products. November. The settlement will finally bring in place I hope that the damage that has been Microsoft software has been pivotal in my an end to the three-year long litigation done to the economy can be rectified. computer use from day one. The simple truth process that has cost both sides millions of Microsoft is one of this nation’s biggest is that it works well, and others do not dollars. employers, and attacking them during this measure up. The government’s case against The settlement will greatly benefit time of economic instability is unwise at Microsoft interferes with the company’s competition, the technology industry, and best. ability to research and develop new the American economy. I am sure that you It is time for us to focus on more important technologies, and for that reason the matter are aware that the economic downturn that issues. We need to put this past us so that should be resolved. started three years ago was partly caused by we can continue to remain at the forefront of I find the terms of the settlement to be the suit against Microsoft. It only took three the technology industry throughout the reasonable, and that Microsoft’s agreement to years for the economy to go from being the world, make it easier to use other manufacturers’’ best it ever has been, to being stuck in the Sincerely, programs within Windows to be an middle of a recession. Kathleen Kattler indication that they will promote fair Again, I would like to go on record as 304 Dora1 Drive competition. Please settle the Microsoft case supporting the settlement between Microsoft Pawleys Island, SC 29585 and let them focus on doing what they do and the Department of Justice. cc: Senator Strom Thurmond bettor than anyone else. Sincerely, Paul DeMaria MTC–00031443 Sincerely, SS MTC–00031441 B & W CONSTRUCTION P.O. Box 758 MTC–00031439 34 MEADOWBROOK DRIVE Pine Valley, CA 91962 SELINSGROVE, PA 17870 113 Fielding Ridge (619) 473–8353 January 15 2002 Peachtree City, GA 30269–3249 January 17, 2002 Attorney General John Ashcroft January 16,2002 Renata Hesse, Trial Attorney US Department of Justice Attorney General John Ashcroft Antitrust Division, Department of Justice 950 Pennsylvania Avenue, NW US Department of Justice, 950 Pennsylvania 601 D Street NW, Ste. 1200 Washington, DC 20530–0001 Washington, DC’’ 20530 Avenue, NW Dear Mr. Ashcroft, VIA FACSIMILE Washington, DC 20530–0001 We write today to express our endorsement (202) 616–9937 Dear Mr. Ashcroft: of settling the Microsoft case. Microsoft has Dear Ms. Hesse: It has come to my attention that there has gotten a raw deal in the recent antitrust case. I am a small business person in California. been a settlement reached in the three-year After being the leading innovator of Between my federal and state taxes, I pay case against the government’s case against computer technology over the last 10 years among the highest rates in the country. For Microsoft. I think the settlement is and standardizing the industry, Microsoft is someone like me to receive a tax break, the wonderful. I also believe that the government now the victim of competitors that cannot political warfare is outrageous. I also am should1 leave Microsoft alone. compete and politicians who are self forced to deal with the ebbs and flows of the It is in everyone’s best interests that this interested. We are both glad to see that case be resolved quickly so all parties Microsoft will not be broke up, but under the economy. Those same leaders who fight involved can attend to other matters. The terms of settlement, Microsoft will still be giving me a tax break are the first people to American public would agree that any thoroughly punished. Microsoft had to institute policies which slow the economy. further pursuit of the case would be a waste promise to not retaliate against computer These are the same individuals who are of time, money and human resources Also, it makers who ship software that competes asking the court to reject the settlement in US would be harmful to not only the American with anything in its Windows operating v. Microsoft They are not small business economy, but the global economy as well. system. They have also agreed not to retaliate people struggling to make enough money to Microsoft will be making major changes against software developers who develop or pay their tax bill They are politicians acting because of this settlement. These changes promote software that competes with in their own self interest. will include the establishment of a technical Windows or that runs on a non-Windows. The Microsoft case is a perfect example of committee to police Microsoft’s compliance These concessions and more represent an issue which quietly destroys small with the settlement. Also, Microsoft has stipulations that benefit competitors, but not business without anyone putting a stop to it. agreed not to retaliate against. computer necessarily consumers. Since the day the Microsoft case began, I makers, and software developers who ship While flawed and unjustified, the have been affected I have been affected by a software or hardware that competes with settlement still represents the public’s best slow down in the entire economy and I have anything in the Windows operating system. interests because the alternative is further been affected by a tremendous slow down in Furthermore, Microsoft has agreed to litigation. Our country cannot afford any the technology industry. Now, California document and disclose for use by its more rounds of this. Please take a stand and leaders are talking about a tax increase to competitors various interfaces that are make sure the settlement is finalized. help pay for programs. They talk about a tax internal to the Windows operating system. Sincerely, increase in one breath and ask for more This is a first in any antitrust settlement. Carol Koval money to pursue the case against Microsoft Once again, I ask that you accept this CC: Senator Rick Santorum in the next, It doesn’t make any sense. settlement, and terminate your efforts to The Microsoft issue is hurting small further prosecute Microsoft, Thank you. MTC–00031442 business. Taxes hurt small business. If they Sincerely, January 17, 2002 are going to raise taxes, then don’t spend Janet Siegel Attorney General John Ashcroft money on ridiculous issues. The settlement US Department of Justice should be approved. That money is better MTC–00031440 950 Pennsylvania Avenue, NW spent elsewhere (like whatever progams they 307 Spencer Place Washington, DC 20530 are going to raise my taxes to pay for) Paramus, New Jersey 07652 Dear Mr. Ashcroft: Sincerely, January 13, 2002 I am writing you today to express my Holly Bonnett, Owner Attorney General John Ashcroft support for the settlement that has been B&W Construction
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MTC–00031444 Certified Public Accountant North Carolina, have concluded that the Jan 17 02 04:l0p Your Financial Friend & Confidant proposed settlement would protect against these monopolistic practices.Prolonged MJ Rozmus CPA MTC–00031445 760 510 4965 p. 1 litigation has no positive effect for the Mark J. Rozmus January 16, 2002 consumer, or for our country, especially in Certified Public Accountant Renata Hesse light of recent tragic events. If the settlement 960 West San Marcos Blvd., Suite 230 Trial Attorney achieves its stated goal, which I feel is San Marcos, California 62069 Antitrust Division providing a fair and reasonable solution to Voice : 760–510–4960 Department of Justice both sides in this dispute, then the courts Facsimile: 760–510–4965 601 D Street NW, Suite 1200 should act speedily, approve it and go on. Mark J. Rozmus, MBA, CFE CPA Washington, DC 20530 I appreciate the opportunity to be heard on Diplomat: American Board of Dear Ms. Hesse, this important matter, as well as your Forensic Accounting As a business owner for more than twenty attention to my letter. January 17, 2002 1454p mjr years, I have observed the changes in our Sincerely, Renata Hesse, Trial Attorney economy, I have also seen increasing Tomas Franklin Castillo MSEd. constraints by the federal government on US Antitrust Division, Department of Justice MTC–00031447 601 D Street NW, Ste. 1200 Companies while at the same time giving Washington, DC 20530 priority to foreign trade that can result in a FROM: AMERICAN FINANCIAL ADVISORS VIA FACSIMILE: (202)616–9937 competitive advantage for products produced PHONE NO.: 530 223 2230 Dear Ms. Hesse: in other countries. Jan. 17 2002 02:32PM P1 I am sure the courts have received many The technology industry has been a driving To: U.S. Department of Justice e-mails and letters regarding U.S. v. force in many segments of industry and is From: Dorothy Palfini Microsoft from many different technology one reason the U.S. has maintained its RE: Microsoft Settlement related companies. Whether positive or leadership role in the global economy. Date: January 17, 2002 negative, these dot-com, or e-commerce Companies such as Microsoft have I have read the decision to reject the companies have a very direct vested interest encouraged innovation and Microsoft Settlement. It stands to reason that in the outcome of this case. My letter is entrepreneurship. Our economy cannot the states and the 100 private class-action meant to articulate a different business afford to have the government discourage lawsuits, do not want to have this case perspective-one of a non dot-com companies like Microsoft from developing resolved and settled. The longer the suit goes perspective. new products. The proposed consent decree on the more Microsoft will have to lose. If I have owned a small forensic accounting between Microsoft and the U. S. Department they feel this is too good a deal, then why practice for over four years. It may seem that of Justice reaches a middle ground for don’t they give software, training and my type of business would have little Microsoft and its competitors. Computer services to the schools. Then they would be concern about U.S. v. Microsoft, but that is manufacturers will have the flexibility to able to benefit and give them the power to not the case. configure Windows so Windows features monopolize the computer market. This is just My forensic accounting practice is affected such as the Internet Explorer can be removed a joke. by this case in two ways. First, is the marked and replaced with another web browser. A Please get this case resolved ASAP. Then technological increase in efficiency and technical committee will be established to the technology economy will be able to get productivity gained through the use of monitor compliance with the settlement. on with business and recovery. current software available. Other remedies wil1 also benefit Microsoft Sincerely, Thetechnologyboom, in general, has competitors while at the same time giving Dorothy Palfini revolutionized the accounting profession. Microsoft the ability to keep innovating on 3011 Victor Avenue Our ability to complete work projects in behalf of consumers.While the settlement Redding, CA 06002 advance of trial dates and conferences, we will impose new rules and regulations, Phone: 530–223–2195 well as produce effective financial resolution of this matter is important for presentations, grows exponentially with each consumers and for technology companies. It MTC–00031448 year of new technological advancement. will also free companies to focus on the JAN 17 2002 16:30 FR BANK OF AMERICA Much of this technological revolution is future and the fast changing digital economy. 515 235 7203 TO 912026169937 P. 01/02 occurring because of the innovation of Sincerely, Bank of America. N.A. Microsoft and its Windows compatible Fred Dula Private Bank software. 6614 Gaywind Drive IA1–100–01–02 Actually, other products developed to Charlotte, NC 28226 PO Box 1813 work with Windows are changing the way 704–366–6457 Des Moines, IA 50308–1813 accounting firms do business. p.1 9197878031 Gary Pearce Jan 17 02 Bank of America Fax Cover Sheet Since the case has started, we are seeing a 05:39p To: RENATA HESSE real lack of innovation in the products Company: available to us. MTC–00031446 Telephone Number: Secondly, our forensic accounting practice, Jan 17 02 05:29p Gary Pearce 9197878031 Fax Number: 202–616–9937 as well as that of many clients, is being p.01 Date: 1–17–02 economically harmed by this case. My Jan- 17–02 08:42A P.01 From: BRANDON HAMIL practice is based in California; one of the 17th January 2002 Department: PRIVATE BANK most technology defendant regions in the Office of Ms. Renata Hesse, Trial Attorney Telephone Number: 515–235–7255 world. This Economic slow down brought on Antitrust Division Fax Number: in part because of the Microsoft case has Department of Justice Number of pages including this cover sheet: caused a general economic slowdown in the 601 D Street NW, Suite 1200 2 development and growth of many new Washington, DC 20530 If transmission problems occur, please California businesses. Once the case is Fax 202–616–9937 call:Message: PLEASE REVIEW THE settled, I believe,we will see the national [email protected] ATTACHMENT. economy rebound and demand for all Dear Ms. Hesse THANK YOU, products and services increase. I believe it is time for the federal courts to Brandon Hamil I ask the courts to approve the settlement bring an end to the Microsoft case The information contained in this FAX on behalf of thousands of small businesses Although I am not fully sympathetic to Bill message is intended only for the confidential suffering from the current technological Gates, I do believe that Microsoft has abused use of the designated recipient named above. innovation slump. its role, acting as a monopoly. It appears, This message may contain contractual and Sincerely, however, that the Federal government,as well proprietary information and as such is Mark J. Rozman as a number of state governments including privileged and confidential. If the reader of
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this message is not the intended recipient or As VP of Operations for a collection MTC–00031451 an agent responsible for delivering it to the agency, I can tell you firsthand that America Jan-17–02 02:19 Modesto City Comm.Div. intended recipient, you are hereby notified is suffering badly. Day after day our 209 491 4379 P.01 that you have received this document in professional debt collectors hear the plight of CITY of MODESTO error, and that any review, dissemination, many Americans of how they want to pay Bill Conrad distribution or copying of this message is their bills but have lost the means to do so. Vice Mayor strictly prohibited. If you have received this Not only is the economy hurting by no new Chair Community communication in error, please notify us spending but it is also hurting by people’s Development & Housing immediately by telephone and return the inability to pay for debts they rightfully owe. Committee message to us by mail. Too many people have lost their jobs, and Vice Chair Financial JAN 17 2002 16:30 FR BANK OF AMERICA there is no relief in sight since the September Policy Committee 515 235 7203 TO 912026169937 P.02/02 attacks. The tech sector has been particularly Member Economic Judge Kolar Kottely hard hit, and the slide had spread to other Development Committee c/o Renata Hesse economic areas. This is a favorable Intergovernmental Trial Attorney conclusion to this complicated case that will Relations Committee Antitrust Division -U.S. Department of give a boost to the troubled tech industry. 1010 Tenth Street Justice For the aforementioned reasons, I am Suite 6200 601 D Street NW, Suite 1200 sending you my support for the Microsoft P.O. Box 642 Washington, DC 20530 settlement. January 17, 2002 I appreciate your consideration. Modesto, CA 95353 Dear Judge Kottely, Sincerely, 209/571–5169 I have followed the proceedings against Kimberly Guy 209/495–1926 Cellular Microsoft for some time now, and I want you Vice President of Operations e-mail: to know that I feel the Justice Department has jm:KAG [email protected] done an outstanding job of forcing a Hearing and Speech settlement in this case.I think that the terms MTC–00031450 Impaired Only you have agreed to in principle are Jan-17–02 02:43P P.01 TDD 209/526–9211 sound,and will bring about a just result K the koval group VIA FACSlMlLE without doing damage to our already January 17, 2002 (202) 616–9937 faltering economy. Because of the settlement, Attorney General John Ashcroft January 16, 2002 Microsoft cannot force a third party US Department of Justice Renata Hesse, Trial Attorney contractor to sell Microsoft products. 950 Pennsylvania Avenue, NW Antitrust Division, Department of Justice This demonstrates that the necessary steps Washington, DC 20530 601 D Street NW, Ste. 1200 were taken to reach a fair and balanced Dear Mr. Ashcroft: Washington, DC 20530 agreement. All groups enmeshed in the I would like to take advantage of this Dear Ms. Hesse: settlement negotiations should be public comment period and give you my I am writing this letter to the courts in commended. thoughts on the Anti Trust Case. To begin, support of the settlement in the case of US I encourage you to move to a final this lawsuit is an embarrassment to American v.Microsoft. This letter is being sent in settlement so the Justice Department can shift business. Microsoft is being forced to defend accordance with the Tunney Act which its resources to the many other areas of themselves for being a successful and allows the public to offer comments on business and industry that need to be profitable company, which is hallmark of matter such as these. examined for abuse and predatory practices. what most people desire in a business. Now I would like to offer the courts my opinion Sincerely, their successes and remarkable contributions in support of the settlement as a technology Brandon J. Hamil are being punished because their competitors consumer. It is my opinion that, should the 1205 31st Street can come up with no other way to be settlement be rejected and this case continue West Des Moines, IA 50266 successful on their own. This lawsuit is a to drag on, it will be the consumers who face huge waste of our tax dollars and I do not the largest burden.Right now, I can go to my MTC–00031449 understand how it has been allowed to local computer store and buy a copy of FROM : Trackers Inc FAX NO. : 3193449200 continue for so long. Windows XP forjust under $100. Regardless Jan. 17 2002 03:58PM P1 I run a small manufacturing business and of what Microsoft’s competitors say, that is TRACKERS INC. use Microsoft products to help fun my a very reasonable price for such a complex in Illinois dba business.Microsoft has done so much for operating system. If this case drags EASTERN IOWA COLLECTION BUREAU, consumers and businesses alike: they are on,Microsoft is forced to incur higher legal INC. completely responsible for creating our costs, and we see the technology industry 1970 Spruce Hills Drive standardized computer systems of today. stagnate even further, the costs passed on to P.O. Box 1227 Bettendorf, IA 52722 1227 Nonetheless, I see this settlement as a great consumers will steadily increase. Phone (563) 344–8500 FAX (563) 344–9200 compromise in this controversy. Although The courts should also note that the tenets January 17,2002 most of the burden falls on Microsoft, the of the current agreement are established in Judge Kolar Kottely settlement certainly addresses all of the such a way that there will be minimal harm c/o Renata Hesse issues alleged in the lawsuits, Microsoft is passed along to the consumer with regard to Trial Attorney handing over its own intellectual property, pricing. Should this settlement be rejected Antitrust Division giving its competitors important source codes and even more restraints are placed upon U.S. Department of Justice and server protocols. Agreements have been Microsoft, I believe it is safe to say that there 601 D Street NW, Suite 1200 made with computer makers that will allow would be significant potential for higher Washington, DC 20530 them to promote non-Microsoft products prices to be a result. Dear Judge Kottely, within the Windows operating system. I say again-please accept this settlement so I just wanted to send along my opinion that The stipulations of this settlement go far we, as consumers, are not forced today higher the Microsoft settlement with the nine state beyond what is just and serving to prices for various technology products. sand the Justice Department was even- consumers. However,this settlement is Sincerely, handed and reasonable and will be beneficial necessary to help move our computer Bill Conrad, Vice Mayor for the American economy. Microsoft agreed industry and economy forward. Please help City of Modesto to new relations with software developer and in upholding this settlement. Citizens First! will design future versions of Windows that Sincerely, provide a way for computer-makers to John Koval MTC–00031452 promote non-Microsoft products. The poor- cc: Senator Rick Santorum 01/17/2002 00:01 13364273554 RUSS OR performing economy is the most important 34 meadowbrook drive selinsgrove, pa JOYNER PAGE 01 reason why I support this settlement. 17870 570.743.1420 fax 570.743.7304 Jo Ann Russ
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212 Fairway Drive Joseph Szymanski ‘‘Information Age,’’ and the Internet is one of Stoneville, NC 27048 149 Springbrook Rd. the great, if not greatest, outgrowths of this January 15, 2002 Port Jervis, NY 12771–3626 era. The Microsoft case is therefore extremely Attorney General John Ashcroft I SUPPORT VFW important, in my opinion, and I believe it U.S. Department of Justice vital that this or any company should not be 950 Pennsylvania Ave. MTC–00031454 allowed to dominate and stifle either the Washington, DC 20530–0001 From: james a g beales Fax 843–5374245 Internet, computer operating systems, or the Dear Mr. Ashcroft, To: John Ashcroft at US Attorney General applications market, It has come to my attention that a Page 1 of 2 Thank you for your consideration settlement has been reached in the justice Friday, January 18, 2002 6:18:44 AM Nelson Cole Department’s three-year,antitrust case against FAX Sunderland, MA Microsoft. I want you to know that I support Date: Friday, January 18, 2002 Time: 413–397–9763 the settlement, since the terms are fair and 6:16:00 AM [email protected] reasonable tall parties involved. As a North 2 Pages MTC–00031456 Carolina resident, I’ve seen enough of these To: John Ashcroft proceedings at the state and federal level for US Attorney General 13302 Coral Ridge Court one lifetime. Microsoft will be making a From: james a g beales Houston, TX 77069–13343 number of specific changes to its business Fax: 307–1454 Fax: 843–537–4245 January 17, 2002 practices that will restore fair competition Voice: Voice: Attorney General John Ashcroft and prevent future antitrust violations. For Comments: 950 Pennsylvania Avenue, NW instance, Microsoft has agreed to document From: james a g beales Fax 843–537–4245 Washington, DC 20530–000 1 and disclose its windows internal interfaces To: John Ashcroft at US Attorney General Dear Mr. Ashcroft: that its competitors might be able to use to Page 2 of 2 Friday, January 18, 2002 I am happy with the terms of the write better programs. 6:19:24 AM settlement reached last November between Furthermore, the government will establish January l8, 2002 Microsoft and the Department of Justice. a ‘‘technical committee’’ to monitor Microsoft Attorney General John Ashcroft As a long-time Microsoft supporter, I believe the terms of the agreement are fair compliance with the settlement, and to act as US Department of Justice and beneficial. I strongly urge you to enact a mediator for disputes about the settlement. 950 Pennsylvania Avenue, NW this settlement at the end of January. Please accept the settlement, for the reasons Washington, DC 20530 It is very important to me that we not I have already given you, Thank you. Dear Mr. Ashcroft, hinder free enterprise, and force companies Sincerely, Please add this letter to the many to compromise the very creativeness that Jo Ann Russ thousands of others which you have makes our country and our economic system undoubtedly received in support of the great. Microsoft has made many concessions MTC–00031453 settlement reached between Microsoft and ≤Jan 18 02 06:23a JOSEPH, E. SZYMANSKI during this mediation process. Microsoft now the Department Justice. There is no doubt agrees to disclose some of the information l-914–355–8328 P.1 that his settlement will benefit the stability regarding the interfaces of its Windows ≤January 18, 2002 and strength of the American economy. system, which is more than reasonable. In ≤Attorney General John Ashcroft It is my understanding that the settlement addition, Microsoft has agreed to the ≤US Department of Justice terms, while harsh, have been agreed to by formation of a review board whose sole ≤950 Pennsylvania Avenue, NW Microsoft in order that bring final closure to purpose is to make sure that the terms of the ≤Washington, DC 20530 this three year affair. It has been costly, time settlement are enacted to the letter of the law. Dear Mr. Ashcroft: consuming, and a serious distraction to the This condition should satisfy any skeptics I am a staunch supporter of Microsoft. As entire technology industry. who might believe Microsoft might not abide such I believe that the current actions against You and your department have seen the with the settlement’s terms. Microsoft by the federal government have need to bring this saga to a close, and you In al1 I believe that the settlement is fair been frivolous.Microsoft has gotten to where are to be applauded for doing so. to all parties and should be enacted soon. it is by creating a better product, not by anti- Thank you. Thank you for your time regarding this issue. competitive behavior. In any case the issue Sincerely, Sincerely, as it stands needs to be resolved James A. G. Beales III Tom Ryan immediately. The settlement reached last Cheraw, SC, 29520 November seems to be fair and reasonable. cc. Strom Thurmond MTC–00031457 Therefore, it seems to me that there is no MTC–00031455 NORTHTECH SERVICES longer any need for litigation as many of 506 White Pine Drive Microsoft competitors are advocating. From: Valued Sony Customer Cadillac, Michigan 49601 There are many provisions within the To: Renata B Hesse January 17, 2002 current settlement that will give Microsoft’s Date: 1/18/02 Time: 12:40:12 AM Attorney General John A&croft competitors a significant advantage. In the Page 1 of 1 US Department of Justice settlement, there are many terms that FACSIMILE COVER PAGE 950 Pennsylvania Avenue, NW Washington, Microsoft has agreed to that extend beyond To: Renata B. Hesse DC 20530 the original scope of the lawsuit. Microsoft From: Valued Sony Customer Dear Mr. Ashcroft: did this simply for the sake of wrapping up Sent: l/18/02 at 12:40:08 AM I am writing to show my support of the this case. In short the current settlement has Pages: 1 (including Cover) Microsoft settlement, which will be finalized forced Microsoft to alter many of its Subject: Microsoft Settlement at the end of the month. I have felt that this products,services and business practices to Judge Hesse, lawsuit reflected an attempt by the previous make it easier on its competitors. A technical I wish to express my concern over the administration to challenge the strongest committee will verify all of this. This is quite government’s recent settlement of the parts of our business community and do not enough. I see no more need for an extension Microsoft antitrust case. I believe it is far too support any further action. This deal of the lawsuit. lenient and will not fix any of the deeper provides a comprehensive attempt to remedy I ask that the current settlement be causes of the Microsoft monopoly. any lack of competition that might exist in implemented without further delay.The I concurred strongly with Judge Thomas the industry, so it should offer plenty of economy has slowed and it is time we allow Penfield Jackson’s original decision, which I opportunities for competitors and be the IT industry to get back on its feet. Please thought was accurate and comprehensive. approved promptly. direct your efforts towards resolving this The new terms proposed by the government, With regular monitoring by a panel of issue as fast as possible. however, do not address the root of the experts, the agreement has guaranteed no Sincerely, Microsoft monopoly, as Judge Jackson’s favoritism of computer makers who use Joseph Szymanski remedy did, Since this is so-called Microsoft software.
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A uniform price list will be used for deal of damage to our economy and our Renata Hesse licensing of Windows to the 20 largest country. It is now time to put this behind us Trial Attorney manufacturers and they will have expansive and move forward. There are more important Antitrust Division rights to replace Microsoft programs with things to be concerned about. U.S. Department of Justice those from AOL, Real Networks, etc. There Further, Microsoft has agreed to a number 601 D Street, NW #1200 will also be no contract restrictions in of demands from the Justice Department, Washington, DC 20530 relation to promoting Windows technology as enabling competing firms to have access both By Facsimile: (202) 616–9937 well. With this settlement, Microsoft has to certain software and new rights to Dear Ms. Hesse: given its competitors an ample opportunity configure systems with access to various As the Delegate for the 86th District in to succeed in the marketplace. Please take Windows features. Microsoft has also agreed Northern Virginia, I am writing to encourage this chance and move on with that process to be bound by requirements on their you to approve the settlement agreement in now. licensing practices. The company will have the case of United States v. Microsoft. Sincerely, to use a uniform price list when distributing Northern Virginia has been fortunate to Lynwood Taylor Windows to the largest twenty computer attract a diverse and wide-ranging number of manufacturers in the nation. This is a great technology firms over the past 10 years, and MTC–00031458 deal for a company to do. with those firms choosing to locate here, we Nancy C. Cocke Please do not pursue any further federal have insured our area’s continued growth 4900 Hassell Lane action against Microsoft. It is not in the best and future prosperity. While I have varied Erie, PA 16509–4236 interests of the country. Thank you. business interests across my district, the January 14, 2002 Sincerely, bottom line is that the settlement is a boon Attorney General John Ashcroft Gus Sipkes to our state’s economy and for the economy US Department of Justice of the nation as a whole. 950 Pennsylvania Avenue, NW MTC–00031460 Being a technology-friendly state put Washington, DC 20530–0001 January 17, 2002 Virginia on the map again with the emerging Dear Attorney General Ashcroft: Attorney General John Ashcroft IT industry in the 1990’s. As IT has I would like to take this time to urge you US Department of Justice blossomed and flourished, our state has reaped the benefits as well. We embraced the to please uphold the settlement that was 950 Pennsylvania Ave. NW new economy and profited from the reached between Microsoft and the Washington, DC 20530 relationship. Government should not be an Department of Justice on November 2, 2001. Dear Mr. Ashcroft, inhibitor, but rather an enabler of consumers, This case has been dragging on for nearly I am writing to ask you to settle the entrepreneurs, and the marketplace. three years. I see no reason to prolong it Microsoft lawsuits that have been going on Technology empowers individuals, both here further. There was obviously a great deal of for such a long period of time. Microsoft in the Commonwealth and beyond. It gives effort put into negotiating this settlement. should retain the ability to produce the individuals previously unimagined The settlement quite adequately addresses brightest and best of technology without opportunities to participate in the economy. the issues of concern. impediments from the government. The It opens the door of opportunity to many There is no reason to scrutinize this issue continued harassment from the government including women in business who are any further, especially since the Federal is against the best interests of the public. harnessing the power of the IT economy and government has already agreed to terms. I Please settle the suit. to children who are empowered with the thought that the initial settlement was too Sincerely, learning and teaching potential of the harsh on Microsoft to begin with. I would Alice Cason Internet. really hate to see any further legal action. 52 Bellevue Ave. More than half of all Internet traffic travels Microsoft actually had to concede more than San Rafael, CA 94901 through Virginia. In my district alone, there they initially desired in the settlement, but Sent via fax 1–202–307–1454 are hundreds of high-tech firms all relying on the American economy was more important 1–202–616–9937 consumers, and beholden for their survival to to Microsoft’s leaders than a few details MTC–00031462 the competitive system that Americans so listed in the settlement. Microsoft has agreed cherish. This proposed settlement is tough, to share a lot of their coding and internal 01/18/2002 08:43 FAX 804 7866310 VA yet reasonable, and a valuable tool in Windows interface information, making it HOUSE OF DELEGATES 001 bringing stability back to our economy. It is easier for their competitors to come up with VIRGINIA HOUSE OF DELEGATES my hope that the Court will approve the their own products. They are also creating a FAX COVER SHEET proposed settlement between Microsoft and Technical Committee to oversee Microsoft’s To: RENATA HESSE nine plaintiffs in the anti-trust case against it, compliance of the settlement terms. This is Organization; Antitrust Division—US Dept including the federal government. all more than reasonable, especially given of Justice Sincerely, their huge contribution to our nation’s FAX Number: (202) 616–9937 Thomas Davis Rust economy. Phone Number: ( ) DISTRICT: (703) 437–9400—FAX: (703) Thank you for your time. Please respect the Local 435–6855—E–MAIL: settlement. Thank you. Long Distance Number of Pages including [email protected] Sincerely, this cover sheet: 2 Nancy C. Cocke From: DELEGATE THOMAS DAVIS RUST MTC–00031463 Room Number: 516 Telephone Number: JAN–17–2002 09:05 PM Bob Hailey 760 MTC–00031459 (804) 698–1086 789 6480 P. 01 6194858519 GUS G SIPKES PO1 Comments: Ramona Unified School District 17224 Tam O Shanter Drive If you have any problems with this 720 Ninth Street Ramona, CA 92065–2399 Poway, California 92064 transmission please call the House Fax (760) 78905000 o FAX 789–9168 January 17, 2002 Center at: (804) 698–1558 Renata Hesse Attorney General John Ashcroft Our Fax Number is (804) 786–6310 Department of Justice, Antitrust Division US Department of Justice 01/18/2002 08:43 FAX 804 7866310 VA Via Fax 202–616–9937 950 Pennsylvania Avenue. NW HOUSE OF DELEGATES Ms. Hesse, Washington, DC 20530 002 I was told that individuals wishing to Dear Attorney General Ashcroft: COMMONWEALTH OF VIRGINIA express their opinion on the pending This letter is to give my support to the HOUSE OF DELEGATES settlement in the case of US v. Microsoft are agreement reached between Microsoft and RICHMOND allowed to send their letters to number the Department of Justice. As I understand, January 17, 2002 above. I support the settlement. there are sixty days for public comment and THOMAS DAVIS RUST Please accept this letter and include it with I would like to say that I believe this 730 ELDEN STREET those members of the public who believe the agreement is long overdue. It has done a great HERNDON, VIRGINIA 20170 courts should approve of the settlement.
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Though it is the purpose of the courts to Peter Hans resources debating an issue that has an review facts, it is nearly impossible to PH/gm acceptable solution on the table. consider the politics of this issue. I am ATLANTA CHARLOTTE GREENSBORO When the settlement is finalized Microsoft writing in support of the settlement because RALEIGH WILMINGTON will be a changed entity, one allowing more some of the politics should be explained to consumer flexibility, and is far less the Courts. MTC–00031465 combatively competitive. From this point Specifically, I believe it is important to 01/18/2002 10:32 6033757915 forward, Microsoft will design Windows- recognize that nine of the original states and CUSTOMSCOOP PAGE 01 family products to be user-friendlier to the federal government have endorsed this CustomScoop installation, un-installation, and settlement. That concept alone speaks Your Online News Clipping Service configuration of its competitors’’ peripheral volumes about whether the settlement is VIA FAX (202) 616–9937 software components. Furthermore, adequate. More importantly. those states that January 18, 2002 Microsoft will make available to its have rejected the settlement are not doing so Renata Hesse competitors various internal interfaces of the based on the facts surrounding the case; they Trial Attorney Windows product line for the purposes of are doing so because of the politics. Attorney Antitrust Division their own software development. Should any General Lockyer and Attorney General Miller Department of Justice of these interfaces fall under intellectual are far from objective on this issue. 601 D Street NW, Suite 1200 property rights, Microsoft will provide They have used it to generate favor among Washington, DC 20530 license for their use to the developer in other hi-tech companies and raise their Dear Ms. Hesse: question. I would highlight these aspects of profile. Thank you for accepting comments on the the settlement to those who claim that This is sent to you as my opinion and does settlement with Microsoft. Microsoft is just being given a free ride. In not necessarily reflect the opinions of other The so-called Innovation Economy results fact, many of the terms within the current board members. I ask that you include my in a higher standard of living for all of us. settlement reach above and beyond the issues name on the list of those supporting this Our lives become richer because of the originally brought to suit against Microsoft settlement. opportunities afforded us by a robust and three years ago. Bob Hailey vibrant technology industry. Litigation does At this point I strongly urge all parties President, Board of Education nothing but tack on costs that in the end, we involved to agree to the current settlement Ramona Unified School District all must bear and for which we must all and wrap this antitrust issue up once and for compensate. MTC–00031464 all. The marketplace, not the courtroom, Sincerely, Jan 17 02 06:54p Gary Pearce 9197878031 p.1 should decide winners and losers in the tech Jack Bart SMITH HELMS MULLISS & MOORE, L.L.P, sector. Attorneys at Law Instead of finding excuses and ingenious MTC–00031467 2800 TWO HANNOVER SQUARE ways to continue prosecuting the case of U.S. 01/06/2002 12:57 914–2489689 SERGIO Raleigh, North Carolina 27601 v. Microsoft. TOSCANO PAGE 01 PO Box 27525 (27611) The settlement agreement the U.S. Justice 4 Walker Drive South (919)755–8700 Department and nine states agreed on with Yorktown Heights, New York 10598 direct: 919–755–8816 Microsoft seems fine. We need to move on, January 17, 2002 fax: 919 755 8800 for the good of the technology industry and Attorney General John Ashcroft [email protected] our economy as a whole. As an executive of US Department of Justice January 15, 2002 a technology business, I can tell you that for 950 Pennsylvania Avenue, NW Renata Hesse every day this case is extended, we lose Washington, DC 20530 Trial Attorney opportunities. Dear Mr. Ashcroft: Antitrust Division Sincerely, After three years of negotiation, the Department of Justice Chip Griffin Department of Justice has announced a 601 D Street NW, Suite 1200 Charles Griffin proposed settlement for the Microsoft Washington, DC 20530 P.0. Box 609, Concord, N.H. 03302 antitrust case. All terms were arrived at with Dear Ms. Hesse: (800) 538–6420 a court-appointed mediator. I favor finalizing I believe that the proposed settlement in www.customscoop.com settlement of this case at the earliest possible the Microsoft antitrust case is a fair and date, reasonable compromise, and I want to MTC–00031466 Microsoft has agreed to allow competing express my hope that it will be approved by 01/18/2882 12:55 technology developers to reconfigure the federal court. North Carolina’s Attorney === COVER PAGE === Windows links to suit their needs so that General, Roy Cooper, carefully reviewed the TO: they may promote their own software setllement and concluded that it is fair and FAX: 12026169937 products. Microsoft has also agreed to make effective, as have attorneys general from a FROM : KATHLEEN BART documentation and protocols available to number of states and the U.S. Department of FAX: 5165464919 competitors to facilitate these Justice. TEL: 5165464919 reconfigurations. The agreement contains significant COMMENT : PLEASE CALL Basically, the settlement has provisions restrictions on how Microsoft will be able to 01/18/2002 12:55 5165464919 KATHLEEN that satisfy all of the issues originally raised develop, license and market its software. But, BART PAGE 01 in the suit and the issues raised since then. most important, the settlement would permit Jack Bart Further litigation would only serve to drag Microsoft to return its focus to the 1930 Sunrise Highway Apt. 17 this case out and tie up the courts development of even more outstanding Merrick, NY 11566 unnecessarily. I ask for your support to bring products. These products have played a vital January 17, 2002 this case to a timely closure. role in the productivity gains that have John Ashcroft, Attorney General Thanks for your consideration. driven our nation’s economic growth, and US Department of Justice Sincerely, their development should not be unduly Washington, DC 20530 Sergio Toscano restricted. Dear Mr. Ashcroft America needs an economic boost today, I am writing today to address the Microsoft MTC–00031468 and there could be no better boost than a antitrust settlement with the Department of Jan 18 02 12:02p Richard S. Vann 336–722– settlement of this lawsuit as soon as possible. Justice, I am in support of the settlement, and 2895 p.1 Thank you for the opportunity to comment. I feel that it is a just one. After three years Matthew Tilley Sincerely, in court we are well past the point where this 874 Cook Road SMITH HELMS MULLISS & MOORE, issue should have been resolved. Now more Rural Hall, NC 27045 L.L.P. then ever, we cannot afford to waste valuable January 16, 2002
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Renata Hesse promote software that competes with government isn’t going to run their Trial Attorney Windows. Plus, the company has agreed to businesses for them. It is our hope that this Antitrust Division a ‘‘Technical, Committee’’ that will monitor settlement agreement—negotiated by nine Department of Justice Microsoft’s compliance with the settlement. states, the federal government and 610 D Street NW, Suite 1200 Clearly, these restrictions on Microsoft will Microsoft—will receive your utmost Washington, DC 20530 benefit consumers the most. consideration for approval. Dear Ms. Hesse, The recession has had a large effect on Sincerely, I am writing as a member of the public to state budgets and the federal budget, and it Gerald P. Dickinson, Jr. respond for public comments concerning the is important that the technology industry be Vice President for Policy Microsoft settlement before Judge Kollar- allowed to concentrate on business now. Let The Thomas A. and Shirley W. Roe Center Kotelly. I am an executive at marketing firm Microsoft do what it does best and, at the for Public Policy Research with a wife and two children. I am also going same time, do what is best for all of us. 1323 PENDLETON STREET o COLUMBIA, back to school in hope of receiving my MBA. Sincerely, SOUTH CAROLINA 29201 . (803) 779–5022 As you can probably tell, I am a great believer David Schofield o in people such as Bill Gates who came out MTC–00031471 FAX (803) 779–4953 o of nowhere and built a great commpany www.scpolicycouncil.com whose products nearly everyone buys and 01/17/2001 10:56 FAX 8037794953 S.C. who has made my work on the computer a POLICY COUNCIL 001/002 MTC–00031472 whole lot easier. SOUTH CAROLINA POLICY COUNCIL 01/18/2002 16:50 1100000000 During the entire period that the EDUCATION FOUNDATION CDAEMB1ADKMAASSOC PAGE 03 government has prosecuted Microsoft, I have 1323 Pendelton Street— January 16, 2002 strongly opposed the suit and written such Columbia, SouthCarolina 29201 Ms. Tracy Selmer an opinion to my Congressmen and Senators. (803)779–5022 12513 Cliff Edge Drive I still believe that the suit was greatly aided (803)779–4953 Fax Herndon, VA 20170 by Microsoft’s competitors who still are FAX Ms. Renata Hesse trying to influence the proceedings even DATE: 1–18–2002 Department of Justice today. However, since Microsoft the federal # of Pages: 2 601 D Street, NW, Suite 1200 government and nine attorneys general have TO: Todd Kruse Washington, DC 20530 agreed to the settlement, I want to lend my COMPANY: Dear Ms. Hesse: support as an interested citizen I believe that FAX: 1–202–307–1454 or 616–9937 Now that the federal government has with any settlement that the provisions are PHONE: finally settled its long antitrust case against fair for both sides. These are much the same FROM: Gerry Dickinson Microsoft, I hope the states still involved provisions as months earlier when the MESSAGE: with the suit will do the same. It is time for attorneys general turned down a settlement 01/17/2001 10:56 FAX 8037794953 consumers to come together and move the and sent the financial markets, including S.C. POLICY COUNCIL economy and our country in a positive Microsoft stock, into a tailspin from which it 002/002 direction—a forward and economically has never recovered. Millions of dollars have January 18, 2002 strong direction. been lost from people’s pension funds and Renata B. Hesse The settlement’s provisions protect individual accounts because of government Antitrust Division Microsoft’s ability to continue to be intervention and the refusal of some AGs to U.S. Department of Justice innovative and, this hopefully, will revitalize be reasonable. 601 D Street NW competition and the technology industry for I regret that these few individuals, even Suite 1200 the betterment of us all. Consumers and now, refuse to go along with the settlement Washington, DC 20530–0001 investors will reap the benefits of this and so their lawsuit continues. Thanks Dear Ms. Hesse: settlement and this should help to get the goodness, as a taxpayer, I will not any further Attorney General Charles Condon ended engines running toward a healthy and burden because North Carolina has wisely the State of South Carolina’s involvement in prosperous economic stance. withdrawn its lawsuit and the federal the Microsoft lawsuit in December 1998. At Sincerely, government, which wasted $30 million on that time—more than three years ago—the Tracy Selmer the effort, will shortly shut its doors on this state cited the fact that they could no longer MTC–00031473 sad chapter as well justify the expense for a trial made moot by Thank you for your consideration of my the actions of a competitive marketplace. 01/18/2002 10:50 1100000000 views. It was easy for the individual states to hop CDAEMB1ADKMAASSOC PAGE 02 Sincerely, on the lawsuit bandwagon, but it is more January 17, 2002 Matthew Tilley difficult to step off. However, amidst the dot- Mr. Michael Frey com meltdown and terrorist threats, we have 14613 Old Kent Road MTC–00031469 seen our economy shrink. While other states Centreville, VA 20121 01/18/2002 11:43 MERGER & ACQUISITION are facing huge billion-dollar budget gaps Ms. Renata Hesse SERVICES—12026169937 NO. 123 002 because of the recession and high spending Department of Justice MERGER & ACQUISITION SERVICES, INC. levels, South Carolina has been fortunate to 601 D Street, NW, Suite 1200 3060 Holcomb Bridge Road, NW Suite G add jobs in the past two years. Washington, DC 20530 Norcross, GA 30071 American freedom and prosperity grew Dear Ms. Hesse: January 17, 2002 from the principles of free enterprise. Those As jobless rates and economic indicators Attorney General John Ashcroft who choose to enter the marketplace should continue to tell consumers that times are U.S. Department of Justice be allowed the chance to succeed or fail on getting worse, I think Microsoft’s settlement 950 Pennsylvania Avenue, NW their own, unconstrained by continual with the federal government could provide a Washington, DC 20530 litigation. But most certainly, they should be beginning bright light. By settling the case, Dear Mr. Ashcroft, able to rest assured that running a successful we could once again see the competitive Stop the litigation against Microsoft. business is not against the law. prosperity of the 90’s foster the necessary Enough is enough. The money spent so far The Department of Justice’s proposed kick the economy needs to move in a positive on this case has been ludicrous, and the idea settlement has great merit. Advocates of direction. of more litigation makes me very upset. limited government support the Department’s The high tech industry has been a driving There are many specific changes mandated settlement as a prudent way to save taxpayers force for our nation in recent years and if be the settlement that will affect the entire IT from having more funds wasted on this case. Microsoft’s settlement revitalizes industry. For instance, Microsoft already has Additionally, a settlement would send a competition, than we should welcome this agreed not to retaliate against software or positive signal to the businesses, which opportunity. This long drawn out case hardware developers who develop or comprise the technology sector that the should be resolved once and for all, and the
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focus should be on lowering the jobless rate, (803)734–3970 (803)734–3046 Facsimile MTC–00031480 increasing consumer confidence and MTC–00031477 01/18/02 l0:06 FAX 3192175 001 strengthening our economy. STATE CAPITOL Sincerely, 01/18/02 11:32 FAX 18157565443 T D P.O. Box 942049 Michael Frey HARRELSON 01 SACRAMENTO, CA 94249–0075 333 South Seventh Street MTC–00031475 (916) 319–2075 Dekalb, IL 60115 FAX (916) 319–2175 From : JoeT SemEnt January 17, 2002 DISTRICT OFFICE PHONE NO. : 1 407 977 9625 Jan. 18 2002 Attorney General John Ashcroft 15708 POMERADO ROAD, SUITE 110 06:45AM P1 US Departmnt of Justice POWAY, CA 92064 P.O. Box 622363 950 Pennsylvania Avenue, NW (858) 385–0070 Oveido, FL 32762–2363 Washington, DC 20530–0001 FAX (858) 385–0179 N Miami Beach, FL 33160 Dear Mr. Ashcroft: Assembly California Legislature January 14, 2002 I am writing to express my support for CHARLENE GONZALES ZETTEL Attorney General John Ashcroft putting an end to the antitrust case brought ASSEMBLYWOMAN, SEVENTY-FIFTH U.S. Department of Justice against Microsoft. As an ordinary consumer, DISTRICT 950 Pennsylvania Avenue NW Windows is beneficial to my everyday life, COMMITTlEES: Washington, DC 20530–0081 and I would like to see Microsoft able to APPROPRlATIONS Dear Mr. Ashcroft, operate without further legal complication. EDUCATION I am writing to- express my support for Microsoft has made more concessions to ENERGY COSTS AND AVAILABILITY Microsoft’s antitrust settlement with the the government in the settlement than were GOVERNMENTAL ORGANIZATION federal government. I think it is fair and charged n the suit. They have agreed to new HEALTH reasonble removal capabilities for Windows-based RULES As I understand it, Microsoft agreed to not programs along with documentation of the SELECT COMMITTEES: enter into any agreements obligating any coding that will make it easier for CALIFORNIA CHILDREN’S HEALTH third party to distribute or promote any competitors’’ software programs to run with LOW PERFORMING SCHOOLS Windows technology exclusively or in a Windows. I think Windows is a very friendly TRANSPORTATION CONGESTION RELIEF fixed percentage, meaning that Microsoft operating system, and these charges will only CALIFORNIA-MEXICO AFFAIRS can’t exploit their position to force-sell serve to make it a stronger product. STANDING SUBCOMMITTEE: Windows to smaller companies. Microsoft has endorsed this settlement to VICE CHAIR, SEXUAL HARASSMENT In case there was doubt about lax put a quick end to the litigation. I urge you PREVENTION AND RESPONSE enforcement, the government will establish a to finally close the lawsuit against Microsoft January 14, 2002 ‘‘Technical Committee’’ to monitor as soon as possible. Renata B. Hesse Microsoft’s compliance with the settlement Sincerely, U.S. Dept. of Justice, Anti-Trust Division and assist with dispute resolution, in case Terry Harrelson 601 D Street, NW, Suite 1200 disputes arise. cc: Representative J. Dennis Hastert Washington, DC 20530 Mr. Ashcroft, I think this settlement is very Dear Ms. Hesse: MTC–00031478 good. Its a win-win for everybody, I urge you It is my understanding that the federal to approve it. Jan-19–02 12:15A MIDWAY LITTLE government has negotiated a reasonable But is suspense, as Hitchcok states, in the GENERAL 573 446 8100 P.01 settlement agreement with Microsoft that is box. No, there isn’t room, the ambiguity’s put January 10, 2002 in the nation’s best interest. This settlement on weight. Attorney General John Ashcroft will place sanctions on Microsoft without Sincerely, US Department of Justice destroying the company nor punishing its E.L. Troendle 950 Pennsylvania Avenue, NW employees. Washington, DC 20530 The sanctions are meant to encourage MTC–00031476 Dear Mr. Ashcroft: greater competition in the software industry JAN 18 02 12:24PM SC ATTORNEY I write you with concern over the recent by giving consumers a greater choice when GENERAL P.1 settlement between Microsoft and the purchasing and enhancing their computers. STATE OF SOUTH CAROLINA Department of Justice. I was happy to know The agreement sounds to me to be a fair CHARLIE CONDON that the settlement was finally reached, only resolution of the matter and I encourage you ATTORNEY GENERAL to be disappointed when I learned that it is to continue your efforts to settle this case. Office of the Attorney General being even further scrutinized. After three Sincerely, ColumbiA 29211 years of litigation, it seems ridiculous that CHARLENE G. ZETTEL January 15, 2002 there should be any further hold up on this Assemblywoman, 75th District Renata B. Hesse agreement. Antitrust Division At this point in time, there are many other MTC–00031481 U.S. Department of Justice topics to be concerned about in our nation. FROM : FAX NO. : 13607341875 Jan. 18 2002 601 ‘‘D’’ Street, NW Spending our precious resources on an 09:06AM P1 Suite 1200 agreement that has already been under severe Facsimile Transmittal Washington, DC 20530–0001 scrutiny seems ridiculous, compared to more ULTRA TANK SERVICES, INC Re: DOJ Proposed Settlement with Microsoft recent issues. Beyond that, this settlement Ph: 1–360–734–7612 Dear Ms. Hesse: has already been extremely well monitored Fax: 1–360–734–1825 As Attorney General of South Carolina I and serves the interest of all parties involved. P.0. Box 664 commend the United States Department of It is time to let these terms speak for Bellingham, wa 98227–0664 Justice and Microsoft for negotiating a themselves and let our IT sector get back to Date: 1–18–02 settlement to the DOJ antitrust lawsuit. The business. Attention: Mr. Ashcroft parties conducted extensive negotiations Let us not be the ones to delay the very From: George Willet with the help of a court-appointed mediator process we initiated. Now that the Number of pages (including this cover): 2 and have reached an agreement that needs to technology industry has agreed to move Comment(s): be implemented. The interests of consumers, forward in this fashion, let us allow them to Reply requested Yes No market-competition and the national do so. I ask that you help support this FROM : economy are best served by bringing this settlement in its current form. FAX NO. : 13607341875 Jan. 18 2002 lawsuit to the agreed conclusion as soon as Sincerely, 09:07AM P2 possible. Cheri Perry ULTRA TANK SERVICES, INC. Yours very truly, 203 Broadfield Drive P.O. BOX 664 Charlie Condon Columbia, MO 65203 BELLINGHAM, WA 98227–0664
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OFFICE PH: l-360–734–7611 MTC–00031483 retaliate against vendors that use or promote FAX: l-360–734–1875 01/18/2002 12:43 non-Microsoft products, Attorney General John Ashcroft 018/2002 12:43 5165464919 Considering the many terms of the US Department of Justice, 950 Pennsylvania KATHLEEN BART agreement, there should be no reason for the Avenue, NW PAGE 01 government to pursue further litigation Washington, DC 20530–0001 JACK BART against Microsoft on the federal level. January 12, 2002 1930 Sunrise Highway Apt. 17 Sincerely, Dear Mr. Ashcroft: Merrick, NY 11566 Douglas L. Thurston I would like to voice my opinion on the January 17, 2002 cc: Senator Rick Santorum recent events surrounding the Microsoft John Ashcroft, Attorney General Committed to Quality NNOVELL Anti-trust case. I think it is wonderful that US Department of Justice 814–744–0759 01/18/02 12:21PM P001 there has been a settlement reached. I DOUG THURSTON Washington, DC 20530 support Microsoft on this 100%. It is time to Dear Mr. Ashcroft, put this issue to bed and the settlement is a MTC–00031487 I am writing today to address the Microsoft perfect way to do so. 01/17/2002 23:00 2036559359 antitrust settlement with the Department of I don’t see how there is any dispute on this SMEGO Justice. I am in support of the settlement, and settlement not representing the public PAGE 01 I feel that it is a just one. After three years interest. Microsoft has been providing us Mary Ann S. Smego in court we are well past the point where this with user-friendly technology for years. 7 Lighthouse Way They’ve changed the computer industry issue should have been resolved. Now more Darien, CT 06820–5612 forever and made computers something then ever, we cannot afford to waste valuable January 11, 2002 everyone uses. The settlement calls for resources debating an issue that has an Attorney General John Ashcroft Microsoft to give away a bunch of their acceptable solution on the table. US Department of Justice, 950 Pennsylvania information so that their competitors have an When the settlement is finalized, Microsoft Avenue, NW edge on things. And if that’s not enough, will be a changed entity, one allowing more Washington, DC 20530–0001 there is a Technical Committee to make sure consumer flexibility, and is far less Dear Mr. Ashcroft: that Microsoft does what they’re supposed to, combatively competitive. From this point I am writing to express my relief at the fact including dispute resolution. I see this as forward, Microsoft will design Windows- that the Department of Justice has finally more than fair. family products to be user-friendlier to reached a settlement in the Microsoft Microsoft has created one of the best installation, un-installation, and antitrust case. I don’t feel that this case consumer products of our time. They’ve configuration of its competitors’’ peripheral should have ever been brought against them changed the way people do business. Please software components. Furthermore, in the first place and am happy to finally see don’t punish them any more. Respect this Microsoft will make available to its it over and done with, at least at the Federal settlement and put this lawsuit to bed competitors various internal interfaces of the level. forever. <
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Evidently, if a firm gets too successful, too 2 JAN-18–2002 13:40 big, they can be assured of being hauled into DENNIS R. RUBISCH GUILD OF ST. AGNES 508 754 2026 P.02 court. Microsoft is successful because it 243 VALLEY FORGE LOOKOUT PLACE William Joseph Eddy produces a good product. Bill Gates worked RADNOR,PA 19087 December 31,2001 long and hard to make compatible software January 17,2002 Renata Hesse available to, and understandable to, the Attorney General John Ashcroft Trial Attorney average lay person. The case has been settled, US Department of Justice Antitrust Division and Microsoft did not get off easy. Microsoft 950 Pennsylvania Avenue, NW Department of Justice has agreed to grant computer makers new Washington, DC 20530 601 D Street NW, Suite 1200 rights to configure Windows to better Dear Mr. Ashcroft: Washington, DC 20530 promote non-Microsoft software. I support the agreed settlement between VIA FACSIMILE Also, Microsoft has agreed to share any the Justice Department and Microsoft and I Dear Attorney Hesse: code or programming that Windows uses to feel there should be no further court action I would like to comment on the impending communicate with other programs. I wonder taken by the federal government. It is time for settlement in the Microsoft suit. if Microsoft’s rivals would do the same. the Department of Justice to move on and it It is imperative that the government Let’s put this case behind us and move is time for Microsoft to get back to business. reaches a settlement in this case as soon as forward. I support the agreement, and look The case has gone on long enough. possible. Our economy is in tough shape and forward to the end of this case. Microsoft has agreed to terms in the we don’t need this lingering case to drag us Sincerely settlement that change their licensing down further. Stephen F. Dasaro agreements, contractual agreements and I believe that the settlement will be general business practices extensively. They beneficial to small non-profit community MTC–00031489 have agreed to terms that extend beyond the organizations such as the one I head. The JAN-18–02 FRI 09:24 AM JERRY KOSSACK points in the lawsuit for the purpose of potential donation of computers and software CNC 209 431 7656 P.01 settling the suit and they have agreed to be will be invaluable. The money we save with Jerry Kossack, CNC monitored for compliance. That should be this potential donation will free us to spend Certified Nutritional Consultant enough assurance to keep Microsoft out of more in our community. January 17, 2002 any future anti-trust violations. I urge the Justice Department to settle this Attorney General John Ashcroft The case against Microsoft should finally matter as soon as practical US Department of Justice be closed and let all parties involved carry Sincerely yours, 950 Pennsylvania Avenue, NW on their respective business. William J. Eddy Washington, DC 20530 Very truly yours, 3 Barrows Road 1–202–307–1454 Dennis Rubisch Worcester, MA 01609 Dear Mr. Ashcroft: cc: Senator Rick Santorum TOTAL P.02 I would like to give you my thoughts on MTC–00031491 MTC–00031493 the recent microsoft Anti Trust case. This settlement is long past due, I am appalled 01/22/2002 09:12 19197281314 JAN.18.2002 2:25PM DEPT OF STATE that this lawsuit has been allowed to drag on SULLIVANHOMEBUIDERSI No.249 P. 1/1 for three years, wasting millions of tax PAGE 01 GREAT SEAL OF THE STATE OF FLORIDA dollars. 2712 Highway 70E IN GOD WE TRUST I am a Certified Nutritional Consultant and Beaufort, North Carolina 28516 FLORIDA DEPARTMENT OF STATE I use Microsoft products in my job and at January 17,2002 Katherine Harris Secretary of State home. Microsoft has provided a series of Attorney General John Ashcroft DIVISIONS OF FLORIDA DEPARTMENT OF exceptional products that have assisted me in US Department of Justice STATE serving my community better. That’s what 950 Pennsylvania Avenue, NW Office of the Secretary business is about. However, now Microsoft Washington, DC 20530 Office of International Relations has to give up a great deal just so that this Dear Mr. Ashcroft: Division of Elections lawsuit might be ended. They are sharing a I write you today with the Microsoft Division of Corporations lot of their source code and interface design settlement on my mind. The recent Division of Cultural Affairs with their competitors. They are also making developments have caused me to wonder Division of Historical Resources agreements with computer makers that will why we are wasting more time on this issue. Division of Library and Information Services allow them to pre-install non-Microsoft After three years of negotiations, it seems Division of Licensing products on the Windows operating system. ridiculous to continue to scrutinize this well Division of Administrative Services Please do your part in respecting the public thought out agreement. I believe that it is MEMBER OF THE FLORIDA CABINET interest. Our fragile economy needs a boost time to move forward and that we should State Board of Education and this settlement will certainly provide support our technology industry in any way Trustee of the Internal Improvement Trust one. Thank you. we can. Fund Sincerely, Microsoft has agreed to make bold changes Administration Commission 5792 N. Palm Avenue in licensing and marketing and even design. Florida Land and Water Adjudicatory Fresno, California 93704 By designing future versions of Windows for Commission (559) 431–7678 easier installation of non-Microsoft software, Sitting Board FAX (559) 431–7656 we open up the market for the Microsoft Division of Bond Finance eMail:[email protected] competitors. This is clearly a move toward Department of Revenue working as a more unified IT sector. At this Department of Law Enforcement MTC–00031490 point in time, Microsoft believes that by Department of Highway Safety and Motor SENT BY: ; 610 828 8323; JAN-18–02 moving forward we can continue to maintain Vehicles 10:27AM; PAGE 1/2 our position in the global market. By Department of Veterans’’ Affairs FAX COVER SHEET continuing to focus on litigation, we only January 14, 2002 TO: Attorney General John Ashcroft Fax: move backwards and jeopardize our Ms. Renata Hesse (202) 307–1454 advancement in this global market. Antitrust Division FROM: Dennis R. Rubisch Let us help to keep America’s technology United States Department of Justice Phone: 610–828–8323 industry on top, by supporting this Dear Ms. Hesse: Fax: 610–828–3246 settlement. The terms clearly promote Via Fax: 202–616–9937 # Of PAGES: 2 (including cover sheet) working together and can only help our IT 202–307–1454 Letter Attached sector. I thank you for your support. This letter is an indication of my support SENT BY: ; Sincerely, for the Microsoft settlement. With a stagnant 610 828 8323; JAN-18–02 10:27AM; PAGE 2/ Lawrence Sullivan economy and a war raging overseas, I believe
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it is in the best interest of the public to settle Antitrust Division liking. Microsoft must also license Windows this lawsuit. Department of Justice to all computer makers at the same rate. From print and media information, it 601 D Street NW, Suite 1200 A11 of this is detailed in the agreement. appears Microsoft has taken the necessary Washington DC 20530 Microsoft will continue to be a leader in steps to reach a fair and reasonable Dear Ms: Hesse: the IT field. This settlement is beneficial in settlement, Currently the settlement allows I am writing to express my support for the that it allows them to return to work. Please competitive computer makers to eliminate compromise settlement negotiated between enact the settlement quickly. the Windows software and replace it with the Department of Justice and Microsoft. Sincerely, another. I believe this demonstrates After years of investigation and tens of Lori Barrow Microsoft’s commitment to the consumer. millions of taxpayer’s dollars spent on the P.01 19725425643 As Florida’s Secretary of State, one of my government’s Microsoft hunt, the case against [email protected] JAN-1802 duties is to encourage commerce and the software company is as flimsy today as 11:56AM international business for our state. it was five years ago. No consumer has been MTC–00031497 Obviously, too much litigation is never harmed by Microsoft’s presence in the helpful to a recovering economy, market, and software prices continue to fail. 01/18/2002 13:57 18173581603 PICARD Yours truly, In fact, some portions of the newest versions PAGE 01 Katherine Harris of Windows once cost more as free-standing 2425 Meadow View Secretary of State programs than the entire platform does now. Bedford, TX 76021–4929 The Capitol o Tallahassee, Florida As the owner of a small ($1,OOO,OOO/ January 17,2002 32399–0250 o (850) 414–5500 year) business my company’s future was Attorney General John Ashcroft http://www.dos.state.fl.us threatened by your attempted antitrust US Department of Justice action. It is a relief to me that my business 950 Pennsylvania Avenue, NW MTC–00031494 can continue to grow under the terms of the Washington, DC 20530–0001 MicroCity, Inc. compromise settlement negotiated between Dear Mr. Ashcroft: 13612 Midway Rd. Suite 110 the Department of Justice and Microsoft. I I am writing today to encourage the Dallas. TX 75244 employ between 6 and 12 professional Department of Justice to accept the Microsoft Tel: 972–387–5529 Fax: 972–387–7945 employees and they stand to be hurt as well antitrust settlement. The terms of the January 16,2002 by the Justice Department’s continuation of settlement are fair and the issue needs to be Renata Hesse antitrust actions. resolved in order for the technology industry Trial Attorney Consumers benefit from competition and to be able to move forward. Antitrust Division innovation, the two things that have kept Some critics say that Microsoft is getting Department of justice Microsoft successful for years. On the other away with an easy deal. This is simply not 601 D Street NW, Suite 1200 hand, there is no example of a government- true. The settlement was arrived at after Washington, DC 20530 ordered breakup and take over ever helping extensive negotiations with a court- Dear Ms. Hesse: an industry. appointed mediator. The company agreed to Schools, small and minority businesses, Let the innovation in the technology strict terms that extend well beyond the and the individual personal computer user market continue—accept the settlement and products and procedures that were actually all stand to lose if the government continues move on! at issue in the suit. its open-ended pursuit of the high-tech Sincerely, I know that there probably isn’t a windows industry. For years now, the U.S. Department Donald J. Levings, Jr. user out there that has not wanted to strangle of Justice has relentlessly attempted to break- President/CEO/Owner Bill Gates and Microsoft when there system up Microsoft Corporation into two 1125 South Ball Street Suite 104 o crashes or a little dialog box pops ups asking companies. The lawsuit was wisely dropped Grapevine, Texas 76051 o 817 421.8127 817 it you, would like to make Explorer your but not until wasting millions of taxpayer 418.9015 fax o default browser. The market p1ace will dollars. Now, even more ominous threat www.renaissanceIt.com decide the ups and downs of Microsoft. looms on the high- tech horizon— I feel that today the Department of Justice MTC–00031496 government regulations of the entire needs to focus their time and resources on industry. Lori Barrow more important things, like terrorism, Enron, What disturbs me most is that the pursuit 1201 Harvest Ridge Lane and Arthur Anderson. of Microsoft was and still is competitor- Prosper, TX 75078 Please accept the Microsoft antitrust driven. No consumer or end-user of Microsoft January 14, 2002 settlement. I ask this as an investor in products is a party to this attempt to quash Attorney General Ashcroft Microsoft and some of it competitors innovation and interfere with market-driven U.S. Dept. of Justice Sincerely, competition. Does the handful of competitors 950 Pennsylvania Avenue, NW Robert Picard realize that when the government regulates, Washington, DC 20530 MTC–00031498 it regulates everyone? Dear Mr. Ashcroft, I think it is time to settle all remaining The purpose of this letter is to express my 01/18/2002 12:56 218–834–2498 TWO issues between Microsoft and the government support of the agreement reached between HARBORS MACHINE PAGE 01 and let the technology industry get back to the Dept. of Justice and Microsoft. Microsoft 1691 White Pine Drive the business of providing high quality has been at the forefront of the tech industry Two Harbors, MN 55616 products to the American consumer. for some time. Through innovation and a January 17,2002 Sincerely, commitment to quality, Microsoft has created Attorney General John Ashcroft Linda Newman its position in the field. I find it ridiculous US Department of Justice President that Microsoft has been punished for its 950 Pennsylvania Avenue, NW Jan. 16 2002 04:36PM P1 success, Washington, DC 20530–0001 FAX NO.: 9723877945 With this noted, I do believe that the Dear Mr. Ashcroft: FROM: 9723877945 resolution reached in the settlement is I would like to offer my approval of the beneficial. It allows Microsoft to return its recent government settlement with Microsoft MTC–00031495 focus to the IT world and leave at least some and ask the Justice Department to finalize the 01/16/2002 12:16 8174169015 of its legal troubles behind. The settlement agreement. Although some concerns over RENAISSANCE IT PAGE 01 comes with a cost though. Microsoft will now Microsoft’s competitive tactics were Renaissance be required to disclose the interfaces of its warranted, this case has gone on way too I.T. Inc. operating system. This will give other long, at way too much expense to the January 9,2002 companies the opportunity to write more taxpayer, and is ready for resolution. Renata Hesse efficient programs. Users will be able to The agreed terms are fair and reasonable Trial Attorney reconfigure the Windows system to their and actually exceed Justice Department
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charges. The new measures, including the technology industry that works together. For readily. I am disturbed this lawsuit has set uniform price list on Windows products for example, Microsoft has agreed to grant a dangerous precedent for future companies. the top computer manufacturers, greater computer makers broad new rights to Evidently, if a firm gets too successful, too rights to configure Windows to promote configure Windows so as to promote non- big, they can be assured of being hauled into competitor products and an interim Microsoft software programs that compete court- Microsoft is successful because it Windows XP version for that use, should with programs included within Windows. produces a good product. Bill Gates worked open competition for other software This will help our IT sector to maintain their long and hard to make compatible software developers. place in the global market. available to, and understandable to, the I ask for a swift conclusion to this case and Please help to support this settlement, and average lay person. an opportunity to let businesses succeed help our IT sector get back to business. I The case has been settled, and Microsoft unimpeded through this even-handed appreciate your help did not get off easy. Microsoft has agreed to settlement. Thank you very much. Sincerely, grant computer makers new rights to Sincerely, Ann Kleives configure Windows to better promote non- David Johnson Jan. 18 2002 01:13 PM P1 FAX NO.: FROM: Microsoft software. Also, Microsoft has agreed to share any code or programming that MTC–00031499 MTC–00031501 Windows uses to communicate with other JAN-18–2002 12:15PM P.01 FROM : JIMDAY programs. I wonder if Microsoft’s rivals 1/11/2002 11:57AM FROM: Fax FAX NO. : 7703934854 Jan. 18 2002 01:22PM would do the same. 14067526699.....191 PAGE: 003 OF 003 P1 Let’s put this case behind us and move 218 Lonepine Road James Day, Jr. forward. I support the agreement, and look Kalispell, Montana 59901 340 Spalding Lake Court forward to the end of this case. January 11,2002 Atlanta, GA 30350 Sincerely, Attorney Genera1 John Ashcroft January 18,2002 Stephen F. Dasaro US Department of Justice Attorney General John Ashcroft 950 Pennsylvania Avenue, NW US Department of Justice, MTC–00031503 Washington, DC 20530 950 Pennsylvania Avenue, NW FROM : HRC FAX NO. : 5169978670 Jan. 18 Dear Mr. Ashcroft: Washington, DC 20530–0001 2002 12:50PM P1 I would like to go on record as supporting Dear Mr. Ashcroft: 47 Cedar Drive the proposed settlement that was reached in I am writing in support of the settlement Massapequa, New York 11758 the antitrust lawsuit between the Department with Microsoft. The settlement is in the best January 17, 2002 of Justice and the Microsoft Corporation. interests of the public and the economy. Attorney General John Ashcroft After three years of arguing and having Our Wasting money and time unnecessarily is US Department of Justice economy slide into a recession, the wrong, and the time has come to focus on 950 Pennsylvania Avenue, NW government finally realized that settling the other more important cases and programs. Washington, DC 20530 issue would be the best move. The settlement requires many specific Dear Mr. Ashcroft: The settlement actually goes further than changes from Microsoft. For example, I am writing to give my approval to the Microsoft wished, but the economy was more Microsoft has agreed to a ‘‘Technical recent Microsoft-Department of Justice important than a few details in the Committee’’ that will monitor Microsoft’s settlement. Bill Gates succeeded in making agreement. I do not feel that it is fair that compliance with the settlement. Plus, his company the best and the brightest of his restrictions are being placed on Microsoft in Microsoft has agreed to license its Windows industry. Unfortunately, his success created areas that were never even an issue in the operating system products to the 20 largest jealousy among his peers. Unable to compete lawsuit. Microsoft has even agreed to computer makers on identical terms, in the market place, they sought to cripple document and disclose for use by its including price. Also, Microsoft has agreed Microsoft in another way, through the court competitors various interfaces that are not to retaliate against computer makers who system. This lawsuit was a combined effort internal to Windows’’ operating system ship software that competes with anything in between the Department of Justice and the products—a first in an antitrust settlement. its Windows’’ operating system. rivals of Microsoft. The settlment that was reached is fair and This settlement is in the best interests of Microsoft has accepted the dictates from reasonable, and I would like to go on record the state, the IT industry, and the economy. the Department of Justice. Among other as supporting it. Thank you. As a nation, moving forward should be the concessions, Microsoft has agreed to give Sincerely, highest priority and this agreement will computer makers new rights to configure Gerald Mason surely help us to do that. Windows to better promote non-Microsoft Sincerely, software programs that compete with MTC–00031500 James Day programs within Windows; Microsoft has 2084 Alameda Way agreed to design future versions of Windows San Jose, CA 95126 MTC–00031502 with a mechanism making it easier to January 18, 2002 FROM : HRC Jan. 18 2002 12:51PM P1 promote non-Microsoft software within Attorney General John Ashcroft FAX NO. : 5169978670 Windows; and Microsoft has agreed to US Department of Justice, Janet & Stephen Dasaro disclose various source codes that are 950 Pennsylvania Avenue, NW 47 Cedar Drive internal to Windows’’ operating system Washington, DC 20530–0001. Massapequa NY.11758 products. This is far beyond what I believe Dear Mr. Ashcroft: H(516)799—0727 B(516)997—8030 any other firm would do. I am writing you concerning the recent 1/17/02 I urge you to support the settlement developments in the settlement between Attorney General John Ashcroft reached by these two parties. It is time we Microsoft and the Department of Justice. The US Department of Justice put this behind us. settlement has been reached as part of a well 950 Pennsylvania Avenue, NW Sincerely, thought out process that has yielded fair and Washington, DC 20530 Janet Dasaro reasonable terms. These terms not only speak Dear Mr. Ashcroft: to a more unified IT sector, but help to This is to address the recent settlement MTC–00031504 promote getting back to business. between the Department of Justice and FROM : HRC FAX NO. : 5169978670 Jan. 18 As this economy continues to take a turn, Microsoft. This case, in my opinion, has gone 2002 12:48PM P1 it is important to support our technology on far too long. The initial lawsuit was not Mrs. Lisa Burkert industry. Unfortunately, while they sit by merited. It was more a political act, than any 47 Cedar Drive and focus on litigation, the global market assault on a monopolistic business. Rivals of Massapequa NY. 11758 continues to be competitive. These terms, Microsoft could compete in no other way January 18,2002 which include changes in marketing, than to haul Microsoft into court; the Attorney General John Ashcroft licensing, and design, help to promote a Department of Justice agreed to sue far too US Department of Justice
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950 Pennsylvania Avenue, NW the intense competition in this market and November of 2001 and provides the most Washington, DC 20530 muriad of choices available to consumers. reasonable and logical solutions to address Dear Mr. Ashcroft: Microsoft has been key to the technological this issue. Microsoft is not the ENEMY. A I do now and always have felt that the advancements in the world over the last two fairly good case can be made that the most DOJ’s and various state attorneys suits decades. They have created huge recent recession started when the Clinton against Microsoft Corp. are the result of the opportunities and profits for thousands of administration decided to go after Microsoft. prejudiced views of elected officials from other companies to take advantage of. The The ‘‘tech’’ stocks started going down after states where Microsoft’s competition reside. financial benefit to this country and it’s that, followed by much of the stock market. This constitutes what I and everyone I speak consumers because of Microsoft is The terms of this settlement have been well to considers an injustice perpetrated against incalculable. thought out and I urge you to settle this case Microsoft Corp. As you know millions of our I am very disgusted to say the least over as soon as possible, Thank you for your time. tax dollars have already been wasted in an any of this litigation. As a citizen, taxpayer, Sincerely, attempt to wrongfully punish this company. stockholder, and voter I urge you to bring this Denny Zollweg I like most Americans who used P.C’s. before matter to a close and pursue worthwhile 2977 Nestle Creek Dr the advent of Windows hold Microsoft in the matters in the future. Marietta, GA 30062 highest regard. I am proud of it’s performance Sincerely, MTC–00031508 in dominating it’s field because in doing so Michael J. Cunningham it took us out of the realm of cryptic DOS Jan. 18 2002 5:26PM code and into the future of computing. Lets MTC–00031506 J.W. BURNS & COMPANY No.1605 P. 1/1 face it, the driving force behind any great Sent By: BRACKETT & LUCAS; J.W. BURNS & COMPANY, INC. advancement has always been profit. By 508 799 9799; GLACIER CREEK OFFICE PARK punishing Microsoft for doing exactly what 18 Jan 02 2:28PM;Job 830;Page 1/1 6711 TOWPATH ROAD any other large corporation or small Jonathan Finklelstein EAST SYRACUSE, NEW YORK l3067 businessman would do in it’s place sends a ATTORNEY AT LAW 315—440–1341 bad signal to those of us who have the nerve 19 CEDAR STREET WORCESTER MA 01609 INVESTMENT COUNSEL to gamble in the high stakes world of TEL (508) 753–0299 FAX (508) 799–9799 Edward A. Grassi 145 Plymouth Drive business. By the way what would the trade E-Mail: [email protected] Syracuse, NY 13206–2338 deficit have been last quarter if Microsoft did By FAcsimile: 202–616–9937 January 17,2002 not sell software worldwide? January 15, 2002 Attorney General John Ashcroft Please stop this nonsense and accept this Renata Hesse US Department of Justice settlement that is already much larger then Trial Attorney 950 Pennsylvania Avenue, NW the so-called (but in my mind fabricated) Antitrust Division Washington, DC 20530–0001 harm done to the ‘‘public’’ Let this great Department of Justice Dear Mr. Ashcroft: American company thrive and grow. 601 D Street NW, Suite 1200 I have been and will always be a huge Thank you for considering my position. Washington, DC 20530 Microsoft supporter. I believe that our Sincerely Dear Attorney Hesse: technology industry would not have made Lisa Burkert It is my understanding that the Justice the incredible leaps and bounds it has over Department is seeking input relative to the MTC–00031505 the past decade if it hadn’t been for proposed settlement in the Microsoft lawsuit. Microsoft. Since the recent antitrust case From Michael J. Cunningham 1–419–393– As an attorney and a real estate developer, settlement does not break up Microsoft, I am 4271 I understand competition. Competition is in complete favor of it and hope that it is To: Department of Justice healthy for the American economy. I use finalized. Date: 1/18/2002 Time: 2:15:00 PM Page 1 of Microsoft products in my law practice and in The terms of the settlement seem to benefit 1 my business. They have allowed me to better the competitors instead of the consumers. For MICHAEL J. CUNNINGHAM serve my clients and manage my business. I instance, under the terms Microsoft has 15454 POWER DAM ROAD believe that the settlement in this case is in agreed to not retaliate against software or DEFIANCE, OHIO 43512 eveyrone’s best interest. It will serve the hardware developers who develop or Telephone 419–393–2998 interest of consumers by allowing new promote software that competes with Fax 419–393–4271 technologies to enter the market place. I have Windows. E-mail [email protected] read recently that Microsoft has agreed, as a They have also agreed to document and Department of Justice condition of its settlement with Justice, to disclose for use by its competitors various re: Microsoft Settlement provide computers to public school students interfaces that are internal to Windows’’ Jan. 18,2002 throughout the country. Certainly in a city operating system products. Gentlemen, like Worcester, an older, industrial area in The settlement, although flawed, serves the I wish to express my opinions here about Central Massachusetts, this magnanimous public interest, because the IT sector cannot the proposed Microsoft antitrust matter. gesture will be a great benefit to our inner afford to be hindered in its development any Like most other frivolous litigation in this city schools. This donation will also serve to longer. Please support the settlement. country this was never more than a hope for minimize the so-called ‘‘digital divide’’ by Sincerely, a ‘‘jackpot judgment’’ by the DOJ in the making cumputers available to the Edward A. Grassi beginning. The nine remaining states that economically disadvantaged. have refused to join the settlement simply I urge a quick settlement in this case. MTC–00031509 exhibit their appetite for going after a Very truly yours, 01/18/02 16:09 802 864 1891 TCA-PAA-FSM windfall of money they do not deserve or Jonathan Finkelstein 001/002 have any right to. The only motivation is 6 Adirondack Street MTC–00031507 money and has absolutely nothing to do with South Burlington, VT 05403 antitrust, real justice, or any consumer or Jan 18 02 04:05p Zollweg 7709717039 p.1 January 16,2002 company being harmed by Microsoft. Also, I January 18, 2002 Attorney General John Ashcroft doubt any judgment received will ever Attorney General John Ashcroft Department of Justice, Washington, DC benefit any consumer or company allegedly US Department of Justice Dear Mr. Ashcroft, harmed by Microsoft. 950 Pennsylvania Avc, NW I am writing to express my opinion of the This suit has been based on the assumption Washintgon, DC 20530 recent settlement between the US that the American public is too ignorant and Dear Mr. Ashcroft: Department of Justice and Microsoft. I am a stupid to be able to make decisions about the As a long-term contributor to the GOP, I proponent of free enterprise and think that software and browsers they use, therefore would urge you to support the Microsoft government should stay out of big business. unfairly hurting Microsoft’s competitors. antitrust settlement proposal now on your Microsoft has been the leading innovator of Nothing could be further from the truth with desk. This settlement was reached in technology over the last 10 years, and should
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be applauded for its ability to standardize the to move on so that this company can go back MTC–00031512 tech sector to the consumers’’ benefit, What to creating great products for the Jan 18 02 12:31p annoys me about the lawsuits is that they marketplace. p. 1 never address the consumers themselves. The Microsoft has agreed to design future Paul Scott Turner terms of the settlement only seem to help the versions of Windows that will allow 7751 Wood Shade Court competitors gain some edge that they did not computer makers to promote non-Microsoft West Jordan, Utah 84084 have before. For instance, Microsoft will be products within the operating system. This January 17,2002 documenting various interfaces for use by will promote competition within the Attorney General John Ashcroft competitors. They will also be forced to not technology industry, and the results of this US Department of Justice retaliate against software developers who will be beneficial to the industry and to 950 Pennsylvania Avenue, NW develop or promote software that competes consumers. Washington, DC 20530 with Windows. Our entire economy will benefit from this Dear Mr. Ashcroft: So while the lawsuits and settlement is settlement as well. It is time to let Bill Gates I am appalled by the fact that nine of the flawed, I think it is in best interest of public and the people at Microsoft get back to work. eighteen plaintiff states involved in the for it to be finalized. Further litigation could Thank you for ending this lawsuit; it is the Microsoft antitrust suit wish to continue be detrimental to our ailing IT sector and right decision for our country. litigation against Microsoft. This case has ultimately postpone our economy’s recovery. This lawsuit never should have been gone on far too long already. While the suit I urge your office to make the right choice brought against Microsoft in the first place, has dragged out in the federal courts, the IT and make the settlement a reality. and I am glad that it is over at the federal industry, the economy, and the American Sincerely, level. public have suffered the effects. I see no Brad Maunsell Sincerely, need, now that a settlement has been 01/18/02 16:09 802 864 1891 TCA-PAA-FSM Joseph Nemchak reached, for Microsoft to be picked apart by 002/002 nine states that should logically have no 6 Adirondack Street MTC–00031511 complaint with the settlement. The Justice South Burlington, VT 05403 JAN-18–2002 02:47 PM FCCMV 3158537789 Department should get this case over with January 16, 2002 P.01 and move on. Attorney General John Ashcroft FREIGHT After six months of mediated negotiations, Department of Justice, Washington, DC COST Microsoft and the Department of Justice came Dear Mr. Ashcroft, CONSULTANTS OF MOHAWK VALLEY to an agreement that addresses all the I am writing to express my opinion of the 102 UTICA ROAD CLINTON, antitrust violations, as well as some products recent settlement between the US NEW YORK 13323 and procedures that did not fall within the Department of Justice and Microsoft. I am a January 17,2002 scope of the suit. Microsoft, for example, has proponent of free enterprise and think that Attorney General John Ashcroft agreed to reformat future versions of government should stay out of big business. US Department of Justice Windows, enabling its competitors, through Microsoft has been the leading innovator of 930 Pennyslvania Avenue NW modifications to the operating system, to technology over the last 10 years, and should Washington, DC 20530 introduce non-Microsoft software into be applauded for its ability to standardize the Dear Mr. Ashcroft: Windows. Moreover, Microsoft has agreed to tech sector to the consumers’’ benefit. I support Microsoft’s decision to enter into provide any party acting under the agreement What annoys me about the lawsuits is that with license to pertinent intellectual property the antitrust settlement agreement. I do not they never address the consumers rights. I see no reason for the plaintiff states think the government was justified in themselves. The terms of the settlement only to be unhappy with the settlement, other bringing this case aganinst Microsoft to begin seem to help the competitors gain some edge than the fact that Microsoft remains intact. with. that they did not have before. For instance, Any additional action taken on the federal There are a multitude of monopolies in this Microsoft will be documenting various level would be superfluous and coutry. Microsoft has been unjustly singled interfaces for use by competitors. They will counterproductive. I ask you not to condone also be forced to not retaliate against software out. The sooner this case is resolved, the petty behavior such as this within the federal developers who develop or promote software better. court system. The settlement should stand. that competes with Windows. It is apparent to me that the terms of the Sincerely, So while the lawsuits and settlement is settlement agreement are quite restrictive to Paul Scott Turner flawed, I think it is in best interest of public Microsoft. I do not necessarily agree that for it to be finalized. Further litigation could Microsoft should be subjected to such harsh MTC–00031513 be detrimental to our ailing IT sector and terms. Friday,January 18,2002 2:25 PM John Gilbert ultimately postpone our economy’s recovery. However, in the interest of resolving the 704–341–4411 p.01 I urge your office to make the right choice action, I urge the Court to approve the 10133 Hanover Glen Road and make the settlement a reality. agreement in its present form. Microsoft’s Charlotte, NC 282l0–7726 Sincerely, competitors should be quite satisfied with January 18, 2002 Peggy Maunsell Microsoft’s agreement to not take action Attorney General John Ashcroft against those it has the legal right to retaliate US Department of Justice MTC–00031510 against. For example, Microsoft agreed to not 950 Pennsylvania Avenue, NW 01/18/2002 15:09 17344858321 take action against those who infringe on Washington, DC 20530–0001 JOSEPH NEMCHAK PAGE 01 their intellectual property rights. Instead they Dear Mr. Ashcroft: 5950 Big Pine Drive will grant licenses on reasonable and non- I have closely followed the federal Ypsilanti, Michigan 48197 discriminatory terms. They have also agreed government’s antitrust case against Microsoft January 17,2002 to not retaliate against computer for a long time. Microsoft is not a monopoly, Attorney General John Ashcroft manufacturers who install non-Microsoft but competitors who cannot compete with US Department of Justice software on their computers. They have also Microsoft in this highly Innovative market 950 Pennsylvania Avenue, NW agreed to the creation of a watchdog have attacked them aggressively. This Washington, DC 20530 committee to monitor their compliance with settlement is fair and will give the computer/ Dear Mr. Ashcroft: the agreement. With those provisions, the software industry the boost it greatly needs. I never agreed with the government’s agreement will certainly achieve the goal of I feel Microsoft is improving its business decision to sue Microsoft when this case ensuring that Microsoft will not violate practices by allowing competitors and began three years ago, and I am pleased to antitrust laws. partnering software developers access to see that you have decided to end litigation I appreciate your taking the time to review some of the Windows operating system and stop this lawsuit at the federal level. my comments on this matter. source code. It also agreed to not retaliate Microsoft has made many concessions that Sincerely, against software or hardware developers who made this settlement possible, and it is time Austin Bartholomew develop or promote software that competes
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with Windows or that runs on software that Northwestern Mutual Renata Hesse competes with Windows. FINANCIAL NETWORK Trial Attorney Microsoft must be permitted to implement George R. Allen, CLU, ChFC Antitrust Division these new business practices. Far too much Financial Representative Department of Justice time and resources have been spent proving 55 W 2nd St 601 D Street NW, Suite 1200 Microsoft is operating as a monopoly. Its time PO Box 4065 Washington, DC 20530 to put an end to Big Brother is watching, and Oswego,NY 13126 Dear Ms. Hesse: let Microsoft get back to business with the 315 343 2323 I would like to voice my opinion on the settlement terms, 315 343 8098 fax Microsoft case. Sincerely, [email protected] I am glad that it will be over soon. I believe John Gilbert January 15, 2002 that this was a bad idea In the first place. Ms. Renata Hesse Microsoft was and is a successful company. MTC–00031514 Trial Attorney Why should we be punishing them for their JAN-09–02 WED 11:29 PM LEADERSHIP Antitrust Division success. They have provided innovative SEMINARS 972 570 5902 P.01 Department of Justice products and ever decreasing prices. LEADERSHIP SEMINARS 601 D Street NW, Suite 1200 If I were Microsoft, I would continue to 4020 N. MACARTHUR BLVD.,STE 122 Washington, DC 20530 fight this case. However, since they have IRVING,TX 75038–6422 Dear Ms. Hesse: agreed to a settlement, I hope that the 972–570–4641 I’m a 13-year veteran and financial government can finish this up quickly, so January 9, 2002 representative with Northwestern Mutual that Microsoft can go back to improving our Renata Hesse who has seen first hand how the continued economy and the government can get out of Trial Attorney litigation of Microsoft has had a negative the marketplace. Antitrust Division impact on the economy and success of the Sincerely, Dept. of Justice small business I deal with on a daily basis. Mike Hartmeyer 601 D Street NW, Suite 1200 My client base is predominantly made up 347 Memorial Union Washington, DC 20530 of small businesses, and I can say definitively University of California, Davis Dear Ms. Hesse: that the current economic recession we are One Shields Avenue We all stand to lose if the government dealing with has been detrimental to their Davis, California 95616–8530 continues its open-ended pursuit of the high- bottom lines. By pursuing further litigation tech industry. against Microsoft, the cost of software and MTC–00031518 I think it is time to settle all remaining technology will most certainly rise. With my VIRGINIA B. HUNDLEY issues between Microsoft + the government + clients operating on tighter budgets, my 13750 Elmstead Road let the technology industry get back to the business is adversely effected, as well. I think Midlothian, VA 23213 business of high quality products to the it is evident that not accepting the settlement (804) 794–7654 American consumer. of this case would be to encourage further January 18, 2002 Sincerely, negative economic conditions. By taking this Ms. Renata Hesse Emily Lanitach, Ph.D battle back to the marketplace, Microsoft’s Antitrust Division President competitors can demonstrate that they are Department of Justice committed to promoting economic 601 D Street NW, Suite 1200 MTC–00031515 prosperity, instead of furthering litigation at Washington, DC. 20530 FROM : EDMONSON WHEAT GROWERS the risk of raising the price of technology and Dear Ms. Hesse: PHONE NO. : 806 864 3325 software for all consumers. Regarding the Microsoft settlement, the Jan. 17 2002 09:54AM Pl Thank you. following are my comments on this proposed COOP. Best regards agreement. EDMONSON WHEAT GROWERS, INC. George R. Allen, CLU, ChFC The agreement specifies that Microsoft P.O. Box 32 Northwestern Mutual Financial Network is would have to promptly disclose technical EDMONSON, TEXAS 79032 the marketing name for the sales and information that enables any Windows Phone: 806–864–3327 distribution arm of The Northwestern Mutual operating system to communicate with January 17, 2002 Life Insurance Company and its Subsidiaries Microsoft servers and with all Microsoft Renata Hesse and Affiliates. Agent, The Northwestern middleware products. Also, to encourage Trial Attorney Mutual Life Insurance Company, Milwaukee, more non-Microsoft middleware, the Antitrust Division WI, life insurance, annuities and disability settlement forces Microsoft to license any Department of Justice income insurance. Klaude R. Konrad, General intellectual property rights that others might 601 D Street NW, Suite 1200 Agent. Registered Representative, need to compete with Microsoft. As with Washington, DC 20530 Northwestern Mutual Investment Services, computer manufacturers, Microsoft could not Re: Microsoft LLC. (NMIS) (6314 Fly Rd. P.O. Box 4718, penalize any software developer, service Dear Ms. Hesse, Syracuse, NY 13221 (315–434–8800)), vriable provider, or hardware vendor that develops I believe it is time to end the Microsoft life insurance, variable annuities, mutual or sells products that compete with Windows controversy. I think the most recent funds unit investment trust and money and Microsoft middleware. The net result is settlement being looked at should be market funds, NMIS is a separately operated that all information technology providers, accepted. I, along with many Americans, feel subsidiary of Northwestern Mutual and is a including Microsoft’s competitors, are like they have benefited from Microsoft member of the NASD and SIPC. guaranteed access to technical specifications. products. Microsoft has contributed greatly to Northwestern Mutual is not a broker-dealer. That’s pretty good. the economic growth of our nation. There may be Insurances when this agent Sincerely yours, I don’t understand why the goverment has represents insurance companies in addition Virginia B. Hundley spent so much time and money on this. Ten to Northwestern Mutual. vbh/ bhs years ago, the average American could not think about purchasing a computer, MTC–00031517 MTC–00031519 Microsoft has changed that. I thank Microsoft FROM : ALYCE NORMAN SCHOOL Carrie Lizotte for what they have done for us! FAX NO.: 916 3757659 501 E. 234th St. I would like to ask the Federal Court to put Jan. 18 2002 10:57AM P2 Apartment 1D an end to this issue and the controversy with ASUCD Bronx, NY 10470 Microsoft. ASSOCIATED Renata Hesse, Esq. Sincerely, STUDENTS Trial Attorney Frieda Jones 530–752–1990 Antitrust Division Bookkeeper January 17, 2002 Department of Justice
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601 D Street NW, Suite 1200 Trial Attorney, Antitrust Division St. Maries, ID 83861–0321 Washington, DC 20530 U.S. Department of Justice January 18, 2002 Via Facsimile 202–616–9937 601 D Street NW, Suite 1200 Attorney General John Ashcroft Dear Ms Hesse: Washington, DC: US Department of Justice I am writing to express support for the I’m sending this letter as a supporter of the 950 Pennsylvania Avenue, NW proposed settlement between the Department recent Microsoft settlement. Many people Washington, DC 20530–0001 of Justice and Microsoft Corporation. have suffered due to the recession we are Dear Mr. Ashcroft: I have been watching this case carefully facing. Businesses have gone bankrupt, many From the start of the US vs. Microsoft particularly over the past few years and am hardworking men and women have lost their lawsuit, I have been opposed to the way that ready for the case to be settled. It has been jobs, and the stock market has taken a the government has bullied Microsoft on quite clear to me that the case has been dramatic tumble that’s hurt everyone across behalf of many of Microsoft’s competitors. competitor driven rather than in the best the financial spectrum. Frankly, we’ve felt The Department of Justice has interfered with interests of consumers. Oracle, AOL and the crunch in our printing business as well. the IT industry and with Microsoft claiming ProComp have used this trial as a forum for It was very important to settle the with the intent of bettering the status of the their consistent bellyaching about Microsoft’s Microsoft case. This issue has been going on consumer. The truth is that if the consumer’s prowess—all at taxpayer expense. for far too long and the parties involved need interest were at the center of this lawsuit, it I understand that the purpose of this to wrap it up and draw it to a close. The would have been resolved much sooner than exercise is to help determine whether this American economy has suffered enough and it has been. Three years of litigation have settlement is in the best interest of the public. there is no reason to make it suffer any longer proven that special interests and greed have Considering the state of our economy can by restricting an economic engine like taken center stage in this lawsuit. Microsoft best be described as dismal, and this case has Microsoft from freely operating its business. has made many concessions in the been eating up our tax dollars for the past 10 From all that I’ve read in news accounts, the settlement, including opening parts of years, a settlement can only be a win-win settlement was fair and just; everyone walked proprietary code to competitors and making situation for us all. away with a good deal. parts of its flagship Windows program Sincerely, Thank you for taking time to hear my removable by the consumer. Such Carrie Lizotte thoughts on this important matter. concessions combined with the enormous Sincerely, amount of money that Microsoft has spent MTC–00031520 Bruce Dohrmann defending itself more than compensate for CALYPSO 1411 21st Street any substantive wrongdoing Microsoft may COMMUNICATIONS Des Moines, IA 50311 be guilty of. The settlement’s benefit to the January 9, 2002 Phone: 515/243–0471 consumer is indirect and ambiguous at best. Ms. Renata Hesse Fax: 515/243–0547 We won’t know for a long time whether the Trial Attorney E-mail: [email protected] IT industry and the consumer will reap any Antitrust Division benefit from all of this. However, we do Department of Justice MTC–00031522 know that the longer that the suit remains 601 D Street NW, Suite 1200 GENTIUM HOMES, INC. FAX: 415–292– unresolved, the more damage will be done to Washington, DC 20530 0352 the consumer. That is why the Department of Fax 202–616–9937 Gentium HOMES Justice owes the American people a swift end This letter is in support of the settlement January 18, 2002 to this suit that is this proposed settlement of the case of Microsoft and the Department Ms. Renata Hesse can bring. of Justice. Antitrust Division Sincerely, The case was brought about by the Justice Department of Justice Dean C. Gentry Department at the egging on of Microsoft’s 601 D Street, NW, Suite 1200 cc:Senator Larry Craig competitors. Throughout the case we have Washington, DC 20530 MTC–00031524 seen these proceeding aiming to benefit Dear Ms. Hesse: Microsoft’s competitors rather than This letter urges you to accept the FRIEDEL ENTERPRISES consumers. proposed settlement between Microsoft and 2841 Troyer Road In the settlement, Microsoft agreed to take the Department of Justice. White Hall, MD 21161–9321 steps to give computer makers more freedom The proposed settlement addresses the January 18, 2002 to feature rival software on their machines. major charges against Microsoft including Attorney General John Ashcroft This is what Microsoft’s competitors have requiring Microsoft to provide technical US Department of Justice been bellyaching about. After years of details to help rivals make products 950 Pennsylvania Avenue, NW frivolous litigation, the Department of justice compatible with its Windows operating Washington, DC 20530–0001 finally asserts that the terms of that system; providing an oversight panel full Dear Mr. Ashcroft: settlement are strong enough to stop the access to its books and plans for five years, I would like to voice my support for the company’s so-called ‘‘monopolistic’’ bans exclusive contracts with computer settlement of the Microsoft Anti Trust case. practices. makers that put rival software vendors at a This case has dragged on for years and it is Finally after months of negotiations, disadvantage; requires disclosures to be made wonderful that our government is finally mediators etc.. .everyone seems to be in to rivals about the operation of its server making a move to end it. agreement. For the benefit of the economy, software; and establishes a separate oversight I run my own company as an Independent the technology sector and the marketplace, committee of the states to ensure compliance. Contractor for equipment packaging please approve the proposed settlement, The negotiators of this settlement have materials. I use Microsoft’s software to run Sincerely, done a good job. This settlement should be my office and appreciate their superior Paul A. Young accepted and all parties should move forward products that have truly changed the entire Principal in their quest to provide more advanced technology industry. In an effort to end this CALYPSO COMMUNICATIONS LLC technical products to consumers. Thank you. mess, Microsoft is giving up a great deal in 208 Market Street Suite 300 Portsmouth Sincerely, the settlement. They’ve pledged to change New Hampshire 03801 T 608. David J. Thompson their problematic business practices and will 431.0816 F 608.431.4497 One Daniel Burnham Court, Suite 200C o be sharing more information with their www.calysocom.com San Francisco. California 94109 competitors. Telephone (415) 4471998 . Fax (415) 292– Please accept the proposed settlement, it MTC–00031521 0352 will no doubt restore fair competition to the Christian Printers, Inc. technology industry and will be great help to January 18, 2002 MTC–00031523 our struggling economy. Judge Kolar Kottely Dean Gentry Sincerely, c/o Renata Hesse P.O. Box 321 Vernon Friedel
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MTC–00031525 January 16, 2002 MTC–00031529 P.O. BOX 587 Attorney General John Ashcroft Clem Insurance Services, Inc. Navesink, NJ 07752 U.S. Department of Justice 217 N. Duff Ave. January 19, 2002 950 Pennsylvania Avenue, NW Ames, Iowa 50010 Services, Inc. Attorney General John Ashcroft Washington, DC 20530–0001 Phone 515–233–3073 950 Pennsylvania Avenue, NW Dear Mr. Ashcroft, Fax 515–233–3098 Washington, DC 20530 If only for the sake of lowering the strident www.cleminsurance.com Dear Mr. Ashcroft: volume of the in-court dramatics, it is better Email: [email protected] This is intended to urge you to support a for this law- suit between the Department of To: Judge Kottely prompt settlement of the Microsoft anti- trust Justice and Microsoft to have ended in a From: Anthony S. Clem case. This case has been around tooooo long; settlement. There has certainly been a lot of Pax: 202–6l6–9937 Pages: it has seen litigation, negotiation and rancor from both sides during the course of Phone: mediation. There now exists a settlement this case. I must admit, however, that there Date: 01/19/2002 proposal acceptable to the court, the major was an uncomfortable appearance that this Re: Microsoft Settlement CC: parties and the majority of state party trial was more about punishing Microsoft for Comments: Personal and Confidential comp1ainants. The settlement is a fair having been successful at doing what it does CLEM INSURANCE SERVICES compromise between the parties’’ adverse than anything else. There were, of course, January 18,2002 positions and should also quell the concerns legitimate complaints about Microsoft’s way Judge Kolar Kottely of the federal government. In short there is of doing business that have been addressed c/o Renata Hesse no rational reason to further prolong this by the settlement, such as Microsoft’s Trial Attorney—Antitrust Division controversy. The settlement keeps Microsoft legendarily rocky relationship with OEMs, US. Department of Justice sole, whole and functioning. Microsoft’s but it probably should not have been part of 601 D Street NW, Suite 1200 concessions include rendering itself the suit. Whether a company is perceived as Washington, DC 20530 answerable to a new oversight committee for aggressive in its marketing techniques, or as Dear Judge Kottely, any future anti-competitive practices. exerting unfair pressure is purely a matter of I am writing to let you know that I stand Microsoft will now open its Windows perception. The settlement will hopefully in support of the recent Microsoft settlement. systems up to use by non- Microsoft software, suffice to end this divisive litigation, and I Our nation is suffering through a harsh and reconfiguring Windows not just to accept am writing in support of it. painful recession. Right here in Iowa competitors’’ products but also to promote I am hoping that this sort of obnoxious numerous layoffs are taking place, leaving such use. Microsoft will now take steps to litigation against any American company can hundreds of men and women out of work share portions of its technologies in order to be avoided in the future. and unable to adequately support their promote competition and innovation. Sincerely, families. Understanding this fact, it begs the Microsoft, in essence, will alter its corporate Geoffrey James question, ‘‘why would our leaders continue marketing philosophy to embrace its CTO/President the Microsoft antitrust case?’’ The settlement brought about a fair, just, and appropriate competition. This seems to me to be adequate MTC–00031528 consideration for a settlement. Please also conclusion to this issue. Microsoft allows urge your colleagues in the administration to UNIQUE Promotions & Awards computer makers to remove their software, expedite an end to this case. 2246 N Palmer Drive and they agree not to retaliate against Sincerely, Schaumburg, IL 60173 companies that create or endorse products Gary M. Tishler 847–397–0300 Fax: 847–397–7356 FAXED that compete with Windows. Attorney General John Ashcroft Nine states agreed to this settlement, and MTC–00031526 US Department of Justice, 950 Pennsylvania the nation in better of because of it. If 18111 Sencillo Drive Avenue, NW Microsoft is allowed to operate freely without San Diego, CA 92128–1324 Washington, DC 20530–0001 the burden of this lawsuit, it will help January 18, 2002 Dear Mr. Ashcroft: provide jobs, create new businesses, and Attorney General John Ashcroft January 14, 2002 assist in stimulating he economy. US Department of Justice, 950 Pennsylvania I am writing to express my opinion about Thank you for taking the time to hear from Avenue, NW the recent antitrust case settlement between a small business owner such as myself. Washington, DC 20530–0001 Microsoft and the US Department of Justice. Sincerely, It is with great pleasure that I learned of I am glad to see Microsoft will not be broken Anthony Clem the settlement between Microsoft and the up. That move would be detrimental to our Risk Management for Your World Department of Justice last November. The IT industry and bad for our economy. But, I 217 N. Duff Ave. . Ames, IA 50010 . (515) antitrust dispute was long and arduous. The do believe that it is in the best interest of the 233–3073 . (877) 600-CLEM . Fax 515–233– case, which was an unnecessary attack on the American public to have this issue settled as 3098 . success of the American economy, has been soon as possible. The terms of the settlement E-mail [email protected] a waste of time and, more importantly— are fair in many ways. The fact that Microsoft MTC–00031530 money. The taxpayer and the consumer are is disclosing internal interfaces to the people that are negatively affected by this competitors, designing future Windows’’ Fri Jan 18 20:15:33 2002 litigation. It is a waste of taxpayers money to applications to make it easier for software FACSIMILE TRANSMISSION spend three years persecuting a company that developers to promote their own products, Please deliver this facsimile to: has consistently provided consumers with agreeing to contractual restrictions, and MICOSOFT SETTLEMENT reasonable, accessible products. It is time to forming a three person party to monitor TUNNEY ACT REVIEW let this issue rest. compliance with the settlement shows that 12026169937 It is my hope that this period of public Microsoft is ready taking active steps to From: Jonathan Ah Kit comment will end with federal resolve to appease all parties.
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www.usdoj.gov/atr/public/press—releases/ Lastly, I have a note regarding a scheme FAX: 510 786 4259 2001/9463.htm this afternoon. I feel while it tying New Zealand schools to Microsoft SENDIO: DOJ ANTITRUST FROM: ROSS is preferable to keep the company in one software. Software is a slightly fickle LINDELL piece, it does not necessarily go far enough business, so I can see some justification in ATTENTION: Renata Hesse to encourage any major competition. having this scheme, but because of its United States v. Microsoft The licensing provisions Microsoft have centralised procurement nature, it does not ‘‘Public comment is invited within 60 days employed as described at http:// tend to give competitors a look-in. Details: of the date of this notice. Such comments, www.cio.com/archive/0ll502/meter.html by http://www.microsoft.com/nz/presscentre/ and responses there to, will be published in CIO Magazine, appear to force customer articles/2001/september-18-schools.asp I the Federal Register and filed with the Court. loyalty by employing a type of subscription trust that this is of some use to you. If you Comments should be directed to Renata model not previously employed in most desire further feedback, e-mail or telephone Hesse, Trial Attorney, Suite 1200, Antitrust Windows software— last time I saw this would be much appreciated, especially if Division, Department of Justice, 601 D Street model was on a telnet client a New Zealand issues raised need clarifying. If called upon, NW, Washington, DC 20530; (facsimile) 202– government department bought for its I would be interested but not necessarily able 616–9937 or 202–307–1545; or e- mail mainframe. While its supposedly oppressive to appear. [email protected]. While comments terms could actually be said to encourage Regards, may also be sent by regular mail, in light of purchases of competitors’’ products, it still Jonathan Ah Kit. recent events affecting the delivery of all could potentially be a case of Microsoft Jonathan Ah Kit—Lower Hutt—New types of mail to the Department of Justice, Corporation attempting to use its hold on Zealand including U.S. Postal Service and other current users to force more money out of [email protected]—http:// commercial delivery services, and current them [corporate users]. Its monopoly position www.ah-kit.dropbear.id.au/ uncertainties concerning when the timely in this case is a bit different. There are [email protected]—ICQ#9747234— delivery of this mail may resume, the competitors in the ‘‘office suite productivity http://www.electric.gen.nz/ Department strongly encourages, whenever software’’ market to Microsoft Office, but possible, that comments be submitted via StarOffice (and OpenOffice) and KOffice— MTC–00031531 email or facsimile.’’ with the latter available for Microsoft’s Richard Gach I am an Engineering Director for a privately Windows grouping of operating systems—do 4301 Derry Road held company and I am familiar with not really have the profile due to Microsoft’s Bloomfield Hills, Michigan 48302–1835 computing and the computer industry since Office offering being the de facto standard. January l8, 2002 the 1980s, and have seen the adverse effects Which makes education institutions, Attorney General John Ashcroft of Microsoft’s monopolies in these areas. I companies, non-profits as well as private cannot see how the settlement that is individual people end up feeling compelled US Department of Justice proposed even pretends to remedy the to take it. 950 Pennsylvania Avenue, NW antitrust violations for which Microsoft has This is fine, to a point. Being a de facto Washington, DC 20530 been found guilty. The company has, already standard due to its market share can be Dear Mr. Ash&oft: been found in violation, and this is the okay—if it is not priced crazily like CIO I would like to add my support of the penalty phase of the case, but the settlement Magazine in the above-referenced article on Justice Department settling the Microsoft licence schemes for Office describes. In lawsuit, which is scheduled to be finalized contains no penalties and actually advances analogies, it is like buying a manual gear car at the end of the month. As a libertarian, I Microsoft’s operating system monopoly. A versus an automatic gear car. As in, it would am in full support of our free market system just penalty, I continue, would at barest probably be fair to say most people buy a and believe that the government’s attack on minimum include three additional features: manual because it is the standard and a successful company because of its market * Any remedy seeking to prevent an virtually everybody (give or take) is trained position is against the principles I support. extension of Microsoft’s monopoly must to drive one. But, it doesn’t force everybody This deal is the most acceptable outcome at place Microsoft products as extra-cost to buy a manual— not too much more this point. options in the purchase of new computers, so expensive are equivalent automatic models. To emphasize the importance of this that the user who does not wish to purchase (Maybe people buy automatics for ruling, I would like to note the recent them is not forced to do so. Computer convenience and or ease, but that is out of economic growth this country enjoyed vendors must offer the software without the the scope of this submission.) without inflation during the 1990’s, which computer (which would prevent computer Credit where credit is due, though. was the result of increased productivity; makers from saying that the difference in Microsoft’s New Zealand operation has increased productivity was definitely price is only a few dollars). Only then could issued a version of Microsoft Office, called powered by the growth of the PC industry. competition come to exist in a meaningful ‘‘Microsoft Office XP Standard for Students And, of course the number-one player in that way. and Teachers’’, selling for about NZD280 to industry has been Microsoft. To damage such * The specifications of Microsoft’s present NZD3OO, inclusive of 12.5% NZ Goods and a key player in the nation’s economy is a and future document file formats must be Services Tax. It requires no student ID or major mistake that should be avoided at all made public, so that documents created in letter proving employment before buying it, costs. With Microsoft’s commitments to Microsoft applications may be read by so would require a user’s honesty before it is neither favor nor punish computer makers programs from other makers, on Microsoft’s bought. (NB: For this package, Microsoft has that use or don’t use competitor products or other operating systems. This is in defined student and teacher as either a with the Windows operating system, and to addition to opening the Windows application student or teacher of any education allow licensing of its intellectual property program interface (API, the set of ‘‘hooks’’ institution, including primary, intermediate, and access to its internal Windows interfaces that allow other parties to write applications middle and high schools, as well as tertiary and server protocols, the current agreement for Windows operating systems), which is institutions such as universities, should more than suffice to create wider already part of the proposed settlement. polytechnics and what NZ calls ‘‘private competition in the software industry. * Any Microsoft networking protocols training establishments’’. It includes staff.) I Please support the approval of the must be published in full and approved by would say that is still a high price for proposed Microsoft settlement and allow free an independent network protocol body. This esentially a high price for private individual enterprise to guide the technology revolution would prevent Microsoft from seizing de people to buy, however. Details: http:// once again. I thank you for your time and facto control of the Internet. I believe this is www.microsoft.com/nz/office/xp/ attention. of national interest, and therefore, it is forstudents/ (That also raises another issue, Sincerely, crucial that Microsoft’s operating system possibly out of the scope of this Richard Gach monopoly not be extended. It is well submission—piracy. Microsoft needs to documented by the Center for Strategic and adjust its curve of piracy versus pricing. MTC–00031532 International Studies, among others, that the Once it does so, there is a chance it can raise 21031 ALEXANDER CT use of Microsoft software poses a national revenues. But as said, there is another story HAYWARD,CA 94545 security risk- their sloppy attitude about there.) PHONE: 510 723 2123 privacy and security is un-American and
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should be corrected, opposed to encouraged settlement is not entirely satisfying to all, it Joseph Bukowski by the United States Government as it strikes a difficult compromise providing appears in the current settlement. something for everyone. MTC–00031537 Ross Lindell Sincerely, 6246 Sturbridge Court 2235 45th Ave Dan Knox Sarasota, Florida 34238 San Francisco, California January 20, 2002 MTC–00031535 Attorney General John Ashcroft MTC–00031533 BEK GROUP US Department of Justice COGDILL & GIOMI January 18, 2002 950 Pennsylvania Avenue, NW REAL ESTATE APPRAISERS & Ms. Renata Hesse Washington, DC 20530 CONSULTANTS Antitrust Division Dear Mr. Ashcroft: January 17, 2002 Department of Justice I am writing to express my opinion of the Renata Hesse, Trial Attorney 601, D Street, NW, Suite 1200 recent antitrust case settlement between the Antitrust Division, Department of Justice Washington, DC 20530 Department of Justice and Microsoft. 601 D Street NW, Ste. 1200 Dear Ms. Hesse: Although I am happy to see Microsoft will Washington, DC 20530 This letter is sent to you to urge you to not be broken up, I do think the penalties VIA FACSIMILE accept the settlement which has been imposed are too harsh. (202) 616–9937 reached between the federal government and I have never felt as a consumer that my Dear Ms. Hesse: Microsoft in the antitrust lawsuit. rights were being violated, nor do I think that I respectfully ask the courts to settle the Microsoft has benefited the computer competitors have been unfairly pushed out of case of US v. Microsoft, Though I personally industry and contributed to the economic the market. Microsoft has worked harder to do not agree with the case, my letter is really growth of the United States. innovate and create products that being written on behalf of the vast majority Competitors not happy with this agreement competitors cannot. When Microsoft should of Californians. should compete with Microsoft by creating be applauded, the government wants to bring I work closely with politicians and opinion new products rather than lobbying the them down. The settlement violates their leaders. That allows me to see polling and government to stop Microsoft’s new intellectual property rights by forcing them to information many people don’t pay attention products. This settlement would allow such disclose technology codes and inhibits their to. In November 2001, a California statewide activity. ability to maintain market share by restricting poll was done which provided some The settlement is good for consumers as it them from third party agreements regarding important insight into Californians position encourages competition in creating better exclusive distribution. on the Microsoft case. products for our future. Please accept the But, even though the agreement is flawed The poll was conducted with 804 consent decree in the antitrust lawsuit it is in best interest of public and economy individuals (a large and fair sample). Of those against Microsoft. to settle and that is why I support settlement. individuals, 57% believed the terms of the Sincerely, I urge your office to do so also and ignore settlement were fair while only 24% believed Brad Klurg opposition that seems to think it is better to it did not go far enough. More importantly, BEK Group drag this out and waste more taxpayer over 80% said that if continuing the case 95 Minna Street, 2nd Floor-San Francisco, dollars. meant spending more tax payer money, they CA 94105 Sincerely, believe it is time to settle the case. Obviously, Ph: (415)543–2800—Fax: (240) 359 8141 Kathleen A. Krebser Californians want to see this case brought to e-mail: [email protected] an end. It has been over three years and we MTC–00031538 do not understand why a settlement can’t be MTC–00031536 Richard Gach reached. This survey and its results are a 33 Packanack Lake Road 4301 Derry Road good sample of how we feel. Please support Wayne, New Jersey 07470 Bloomfield Hills, Michigan 48302–1835 the settlement of this case. January 17, 2002 January 18, 2002 Sincerely, Attorney General John Ashcroft Attorney General John Ashcroft David E. Cogdill, Jr. US Department of Justice US Department of Justice Cogdill and Giomi 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue, NW 1317 I Street Suite A *Modesto, CA 95354 Washington, DC 20530 Washington, DC 20530 o Ph (209) 523–9365 Fax (209) 523–6344 Dear Mr. Ashcroft: I am writing you this Dear Mr. Ashcroft: *Toll Free brief letter to encourage you, your I would like to add my support of the (800) 223–9365 department and the administration to Justice Department settling the Microsoft endorse the present proposal to settle the lawsuit, which is scheduled to be finalized MTC–00031534 Microsoft anti-trust case. This case is ready at the end of the month. As a libertarian, I Dan Knox Consulting for settlement. The major parties have agreed am in full support of our free market system 95 Minna Street, Second Floor to the proposal after prolonged negotiation. and believe that the government’s attack on San Francisco, CA 94105 The plan will restrain Microsoft from any a successful company because of its market Phone: 415–543–2800 future anti-trust activities. Its marketing position is against the principles I support. Web: www.danknox.com practices will be monitored by a new This deal is the most acceptable outcome at Knox Consulting federally appointed oversight committee. The this point. January 18, 2002 company’s Windows systems will now To emphasize the importance of this Ms. Renata Hesse become all but part of the public domain ruling. I would like to note the recent Antitrust Divsion with the platform now reconfigured to economic growth this country enjoyed Department of Justice ‘‘promote’’ non- Microsoft software. without inflation during the 1990’s, which 601 D Street NW, Suite 1200 Microsoft’s will now license its products to was the result of increased productivity; Washington, DC 20530 major manufacturers at near uniform terms. increased productivity was definitely Dear Ms. Hesse: In short the agreement lets Microsoft remain powered by the growth of the PC industry. This letter regards my support of the whole in return for opening up its technology And, of course, the number-one player in that settlement of the Microsoft lawsuit. to the rest of the IT industry. This is more industry has been Microsoft. To damage such The Department of Justice and Microsoft than fair. a key player in the nation’s economy is a have reached fair settlement to the antitrust Microsoft is a great corporation. In this major mistake that should be avoided at all lawsuit, which has been going on for more time of economic floundering, the company costs. With Microsoft’s commitments to than 3 years costing over 35 million in tax should be able to direct all its energy to the neither favor nor punish computer makers dollars. It is time to move on! business of business. Please give this that use or don’t use competitor products The settlement is fair and I urge you to proposal your attention and support. with the Windows operating system, and to accept the consent decree. While the Sincerely, allow licensing of its intellectual property
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and access to its internal Windows interfaces develop or promote non- Microsoft software. Technical Committee in order to monitor and server protocols, the current agreement They have also agreed to grant computer Microsoft’s adherence to the settlement. should more than suffice to create wider makers broad new rights to configure Microsoft has come up with a lot of good competition in the software industry. Windows so as to more easily promote non- ideas and I believe that they should be Please support the approval of the Microsoft products. Theses concessions are credited for these ideas. Furthermore, I look proposed Microsoft settlement and allow free the products of intense lobbying on behalf of forward to the end of this case, as I am enterprise to guide the technology revolution competition to politicians and lawmakers. certain that it will be most beneficial to all once again. I thank you for your time and Even so, they are more than fair and should of the parties involved. Thank you for your attention. be enough to appease all parties. time and energy that you have dedicated this Sincerely, I urge your office to take a strong stance matter. It shows that you truly have the best Richard Gach against the nine states in opposition and help in mind for the public interest. to correct three years of unjustified litigation. Sincerely, MTC–00031539 Sincerely, Jane Caswell Clairemont Republican Women Federated John A. McManus #1446 President MTC–00031543 1705 Catalina Blvd San Dieqo, Californla From: Nancy and Dennis Sk Fax: 92107 MTC–00031541 +1(706)638–2503 VIA FACISMILLE January 18, 2002 To: Att. Gen. Ashcroft January 18, 2002 Judge Kolar Kottely Fax: 1(202)307–1464 Renata B. Hesse c/o Renata Hesse 22107 Highway 193 Anti-Trust Division Trial Attorney LaFayette, GA 30728 U.S. Department of Justice Antitrust Division January 18, 2002 601 D Street NW, Suite 1200 U.S. Department of Justice Attorney General John Ashcroft Washington, DC 20530 601 D Street NW, Suite 1200 950 Pennsylvania Avenue, NW Dear Ms. Hesse, Washington, DC 20530 Washington, DC 20530 This message is being sent to support the Dear Judge Kottely, Dear Mr. Ashcroft: Microsoft settlement. After reading various As a business leader and owner of a This letter is to express my support for the news articles about the details of the technology company, I have been very settlement with Microsoft. As a company, agreement, I strongly believe it is fair and in concerned about the burgeoning litigation by Microsoft must be allowed to develop new the best interest of the country; Microsoft has the federal government against the Microsoft products without constant interference from agreed to new contractual restrictions and Corporation. I believe this case has been the government. Wasting millions of dollars will share its intellectual property when unfair from the start and I am glad to see that more on this unnecessary litigation is just needed. While I believe that the government nine states have agreed to settle. The terms plain wrong. must enforce law when actions warrant it, it of the agreement are fair and balanced. Microsoft has already agreed to license its is inappropriate for the government to Microsoft creates new rights allowing Windows operating system products to the intervene in private industry because a Windows to sponsor non-Microsoft programs 20 largest computer makers on identical competitor feels that it is losing its ability to and hardware manufacturers will be free to terms, including price. And the company has create competitive products. I am a strong remove Microsoft programs from their agreed to disclose to its competitors technical proponent that the free market be allowed to hardware without any punishment from information that will allow them to write work and that successful, creative endeavors Microsoft. This is a fair and balanced ending programs that work better with Windows. should be encouraged for the benefit of our to a prolonged legal production. What’s more, Microsoft has agreed to a country. No good can come from harming a I support this settlement and think the ‘‘Technical Committee’’ that will monitor business that contributes so crucially to the terms and conditions reflect a fair deal for Microsoft’s compliance with the settlement. lives of other businesses, industries and everyone. Thank you for taking the time to This is above and beyond what Microsoft private users. read my comments regarding the settlement. should do but the company agreed to it so Please pass on my remarks to the proper Sincerely, that it can get back to business as soon as individuals and let them know that this Jose M. Laracuente possible. The settlement clearly will benefit settlement if a good thing for our country. consumers and the economy. Enacting this Sincerely, MTC–00031542 agreement is in the best interests of the Chalise E. Zoezzi 212 Golden Beach Drive Golden Beach, country as well. Recording Secretary Florida 33160 Sincerely, CLAIREMONT RWF #1446 January 16, 2002 Nancy Skidmore Attorney General John Ashcroft MTC–00031540 US Department of Justice MTC–00031544 JAM–PAK CORPORATION 950 Pennsylvania Avenue, NW 111 P01 JAN 19 ‘02 11:15 4043 Yorktown drive Washington, DC 20530 January 18, 2002 Boothwyn, PA 19061 Dear Mr. Ashcroft: Attorney General John Ashcroft January 18, 2002 As a Microsoft supporter, I feel it necessary US Department of Justice Attorney General John Ashcroft to voice my opinion in regards to the 950 Pennsylvania Avenue, NW US Department of Justice Microsoft Antitrust settlement. I am happy to Washington. DC 20530 950 Pennsylvania Avenue, NW hear that a settlement has finally been Dear Mr. Ashcroft: Washington, DC 20530–0001 reached and I have high hopes that this will I am writing to let you know that I fully Dear Mr. Ashcroft: be the final stage of this lawsuit . support the recent settlement between the The lawsuits against Microsoft have gone In terms of the settlement itself, I found the U.S. Justice Department and the Microsoft on for too long now. It has been three years solutions to be both reasonable and fair. Corporation. While I believe the of wrongful litigation and Microsoft has not Microsoft has agreed to implement a lot of government’s case against Microsoft was not gotten off easy with the settlement. the changes within the structure of the called for to begin with, I am very glad that Considering that Microsoft has created jobs Windows program as well as in their both parties agreed to a settlement. for our country, made technological business methods as well. In this agreement, It is painfully obvious that the lawsuit breakthroughs, and standardized the IT Microsoft will enable computer makers to against Microsoft was instigated by its’’ industry, I am appalled at our government’s replace access to Microsoft applications with competitors who are unhappy because they attempt to bring them down The terms of the the competition’s software. This will require are not as successful as Microsoft. This is not settlement seem to favor competitors and do that Microsoft make various interfaces the fault of Microsoft nor has Microsoft done little to protect consumer rights. Microsoft readily avilable to the competition. In anything to warrant being accused of being has agreed to not retaliate against software addition to these obligations, Microsoft has a monopoly. Of course, politics being what developers and computer makers who consented to the forming of a Three-Person it is, its’’ competitors lobbied certain ‘‘key’’
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public officials in an effort to implement a Department of Justice sophisticated and our quality of life full frontal attack against Microsoft through 601 D Street NW, Suite 1200 improved. Then the government came use of the courts. Everyone knows their only Washington DC 2053O calling...rather...some of those jealous goal was and still is to harm Microsoft. January 18, 2002 pioneers called on the government. The U.S. economy is in a fullblown Dear Attorney Hesse: The case against Microsoft marked the end recession. Continuing these lawsuits will Please support the settlement agreement of the technology revolution, We know now only further retard technological innovation that has been reached between Microsoft and that the United States government can and and keep the economy from making a the U.S. attorneys in the ongoing antitrust will attempt to stop anyone who harnesses recovery. The Federal government should be case. I urge the Department of Justice to do the strength of this new industry. Innovation bolstering the economy not harming it. All of whatever you can to convince Judge Kollar has slowed and you don’t need to look very this debate about an economic stimulus Kotelly that this is the best deal for the far to see the impact of the technology bust. package is besides the point. Perhaps if the American consumer. This wasn’t irrational exuberance-it was government backed off and stopped trying to I am a small businessman with a government crashing the party. harm hard working and successful American development company. I use Microsoft I hope the courts will settle the case against companies such as Microsoft, the economy products, and I work for many in the high- Microsoft. Though it won’t bring back the would not be hurting today. tech field in the course of my day. It is days of the wild frontier, it might clear the Sincerely, obvious to me that this case should end for way for just a little more exploration. David Sprouse several reasons: Sincerely, 128 Reed Place —there is no monopolistic control of the Dwight Filley Anderson, SC 29621 market present here; President Capitol Endeavors cc: Senator Strom Thurmond —the economy has suffered by the MTC–00031548 Representative Lindsey Graham uncertainty the trial has created; —the settlement reached is exactly the sort Michael R. Englert MTC–00031545 of end we should want; P.O. Box#505 Jan 19 02 11:36a Reda & Company, LLP —a continuation, or more more penalties, Boone NC 28607 CPA’S 914–289–0704 p.1 only benefits the special interests of other Attorney General John Ashcroft January 16, 2002 companies, not the American public; US Department of Justice Attorney General John Ashcroft —the high-tech sector would be hurt greatly 950 Pennsylvania Avenue, NW Dept. of Justice by more regulation; Washington, DC 20530 950 Penn. Ave., NW —and, a resolution now could bolster the January 17, 2002 Washington, DC 20530–0001 economy at a time when it really needs it. Dear Mr. Ashcroft: Dear Mr. Ashcroft: Thank you for your consideration of my My name is Michael Englert, and I am a I understand that a settlement has finally opinion. I hope the settlement is adopted. resident of Boone, North Carolina. I am been reached between Microsoft and the Sincerely, writing to express my support for the Department of Justice in their three-year-long Timothy Sullivan settlement agreement your department anti-trust battle. This suit flies in the face of recently reached with Microsoft. I am also MTC–00031547 the ideals upon which we have built this asking that you end the Microsoft litigation nation: free enterprise capitalism, and indeed 01/19/2002 08:10 8584562285 DWI PAGE 01 as quickly as possible. the very American dream itself. What kind of Capital Endeavors Microsoft has agreed to some important message does this suit send to future 2165 Via Don Bonito changes in its business practices in order to American entrepreneurs? Apparently that it La Jolla, CA 92037 reach this settlement, The agreement to open is okay to become successful, but only to a (858) 456–2285 the Windows operating system to internal point; if you do ‘‘too well’’ we will take it all FAX (858) 456–2285 competition from non-Microsoft software away. January 19, 2002 products is at significant concession on This suit has been a large contributing Renata Hesse, Trial Attorney Microsoft’s part. In addition, their agreement factor to the recession in which we now find Antitrust Division, Department of Justice to maintain more uniform pricing guidelines ourselves. Microsoft is one of America’s 601 D Street NW, Ste. 1200 should adequately address the allegations of largest employers; attacking this company at Washington, DC 20530 predatory pricing practices. this time is economically damaging policy. VIA FACSIMILE The settlement offers the country an The settlement represents a number of (202) 616–9937 opportunity to move past this lawsuit and significant concessions on Microsoft’s part. Dear Ms. Hesse: turn its focus back to more important issues. They are sharing proprietary information When the government stepped in and It is time to put the litigation behind us and with competitors in order to make it easier brought the antitrust case against Microsoft, move on. Thank you for your time and for competing products to work with and in famed free market economist Milton attention. Windows, They must permit Windows to be Freedman stated ‘the technology industry Sincerely, altered by manufacturers to promote compete will rue the day it asked for the government’s Michael Englert products. And there are many more help in it’s struggles to compete against P O Box 505 concessions. Microsoft.’’ Here we are, four years later, MTC–00031549 This is enough; far more than enough. Let’s with a recession staring us right in the face. accept the settlement. I am writing the Court to let you know that 01/19/2002 02:54 Sincerely, I agree with Mr. Freedman today like I did 7242384762 Al Reda four years ago and to ask you to approve of DAVIDCINDYPURNEL this settlement. It is time to end the case PAGE 01 MTC–00031546 against Microsoft. 7 Wildview Drive 01/19/2002 12:19 5084863455 GLAVEY AND Four years ago, the technology industry Ligonier, Pennsylvania 15658 GLAVEY was like wild frontier. It was untamed, full January 17, 2002 Acton-Fitchburg Development Corp. of possibility, and free of burdensome Attorney General John Ashcroft COMMERCIAL RESIDENTIAL LAND restrictions. We experienced what happens US Department of Justice 28 Tadmuger Rd. when an industry can operate in that sort of 950 Pennsylvania Avenue, NW P.O. BOX 4 environment. Money flowed to new Washington, DC 20530–0001 Westford MA 01886 investments like water. Each day saw a new Dear Mr. Ashcroft: FAX (508) 692 4860 innovation-high speed internet, satellite I am writing to express my opinion about 0FFICE (508) 692 3250 communication, e-commerce, cd the recent settlement between Microsoft and Renata Hesse burners...the list is endless. And with all of the Department of Justice. This case has Trial Attorney this wild innovation, the collective of dragged on way too long and should be Antitrust Division American people grew. We became more settled as soon as possible. Microsoft has
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been a leading innovator or technology, has settlement, protects consumers, yet also the litigation served to penalize Microsoft for contributed to technological advancement of encourages the high tech industry’s freedom their past efforts and overall creativity. In a our nation, and has added jobs to our market. to innovation. business where creative solutions and They should not be reprimanded, but instead Instead of wasting precious time and technological progress move very quickly the applauded. The terms of the settlement are resources (dollars!) on dealing with lawsuits, fact that Microsoft must now share their hardly favorable for Microsoft. They force time is better spent developing new independently developed technical data, i.e. Microsoft to disclose internal interfaces and programs. This settlement would allow such protocols implemented in the Windows protocols to their competitors. It also activity. operating system, with their competitors prohibits Microsoft from retaliating against The settlement is good for consumers; the seems very unfair. In essence, Microsoft has computer makers and software developers nations economy and the high tech industry to turn over intellectual property that was who ship or promote non-Microsoft products .I support this settlement, and urge you to developed at private expense to their that compete with Windows operating accept the consent decree. competitors. system. Sincerely, The settlement that was reached is But, I am happy to see that Microsoft will Kimberly B. Walton reasonable, mostly because it brings an end not be broken up and do think it is in our One Daniel Burnham Court, Suite 2OOC to the antitrust litigation between Microsoft best interest to allow Microsoft to focus on San Francisco. California 94109 and the Justice Department. business, not politics. We need the Telephone (415) 447–1998 Sincerely, cornerstone of the tech sector at its strongest. Fax (415) 292–0352 Carl Johnson The attorney general hopefully will do all it MTC–00031554 can to make state and federal litigation end MTC–00031552 From: Harry A. Thomas and free up our private sector for an Jan-18–2002 13:55 P. 04/04 415 369 0462 To: Mr. John Ashcroft economic resurgence. BEK GROUP Date: l/19/2002 Time: 10:10:36 PM Page 1 Sincerely, GROUP of 1 David Purnell January 18, 2002 Harry A. Thomas cc: Senator Rick Santorum Ms. Renata Hesse Antitrust Division 14354 Pleasant Hill Dr. Chino Hills, CA 91 709–4828 MTC–00031550 Department of Justice 909–591–7610 Web-Builders.net 601 D Street, NW, Suite 1200 [email protected] 3229 Elkhorn Blvd. #12 Washington, DC 20530 January 19, 2002 North Highlands, CA 95660 Dear Ms. Hesse; Attorney General John Ashcroft www.web-builders.net sales@web- This letter regards my support of the 950 Pennsylvania Avenue, NW builders.net settlement of the Microsoft lawsuit. Washington, DC 20530 January 18, 2002 The Department of Justice and Microsoft Dear Attorney General Ashcroft: Renata Hesse have reached a fair settlement to the antitrust This letter is to express my feelings about Trial Attorney lawsuit, which has been going on for more the proposed settlement that has been agreed Antitrust Division than 3 years costing over 36 million in tax to by the United States Department of Justice Department of Justice dollars. It is time to move on! and the Microsoft Corporation. I am of the 601 D Street NW, Suite 1200 The settlement is fair and I urge you to opinion that the settlement reached is more Washington, DC 20530 accept the consent decree. While the than reasonable, and it should be Dear Ms. Hesse: settlement is not entirely satisfying to all, it implemented as soon as possible. I feel that I am glad to see that the Government and strikes a difficult compromise providing further litigation against Microsoft is Microsoft have agreed to settle the anti-trust something for everyone. analogous to ‘‘piling on’’, and not in the case. It seems to have something for all Sincerely, American spirit. When is ‘‘enough, enough’’. parties. Eric Rimes During this time of recession, it is clear that Microsoft can get back to work. 11 BEK Group we must let our competitive system help providers, including Microsoft’s competitors 95 Miana Street, 2nd Floor restore the economy. Microsoft is willing to get guaranteed access to technical San Francsico, CA 94105 change licensing and marketing practices, specifications. Computer manufacturers who Ph: (415) 543 2800 signaling their cooperative attitude. Since equip their computers with Microsoft’s OS Fax: (240) 359 5141 this decision is in the best interest of get flexibility on what they can install. MTC–00031553 America and the economy, we need to Finally, for those who’d doubt Microsoft support the process and let business get back would comply with this agreement, there is JOHNSON 19046412993 P.01 in gear. There is no need to keep Microsoft an enforcement mechanism to respond to CARL JOHNSON under the federal microscope any longer, complaints about Microsoft. (904) 641 2993 (PHONE AND FAX) especially since the settlement calls for an What more can we reasonably ask for? I [email protected] oversight committee to monitor Microsoft’s think this settlement is appropriate in its 11602 Hidden Hills Drive South compliance with the settlement. scope and I hope that the court accepts it. Jacksonville, Florida 32225 America needs as many innovators as Sincerely, January 20, 2002 possible right now, and Microsoft is our Tom Gjerde Attorney General John Ashcroft biggest. President, US Department of Justice I support the settlement, and hope that it Web-Builders.net 950 Pennsylvania Avenue, NW will help restore America’s economy to what Washington, DC 20530 MTC–00031551 it was before the antitrust settlement came Dear Mr. Ashcroft: about. Gentium The intention of this letter is so that I may Sincerely, HOMES go on record as being in favor of the recent Harry A. Thomas January 18, 2002 settlement that ended the antitrust dispute Ms. Renata Hesse between Microsoft and the Department of MTC–00031555 Antitrust Division Justice. I do feel that there should not have J. Basham Department of Justice been a lawsuit in the first place, but that does January 19, 2002 601 D Street, NW, Suite 1200 not really matter now. What is important is Attorney General John Ashcroft Washington, DC 20530 the litigation at the federal level is over, and US Department of Justice Dear Ms. Hesse; I support anything that will keep it that way. 950 Pennsylvania Avenue, NW As a user of Microsoft products, I am I feel that Microsoft has been responsible for Washington, DC 20530 pleased to learn that a settlement has been generating more jobs and more innovative Dear Mr. Ashcroft: reached between the federal government and technology than any other company has in This letter is to give my support to the Microsoft in the antitrust lawsuit. This the past 20 or 30 years. It appeared to me that Department of Justice and Microsoft
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settlement. I think the original lawsuit was MANSMITH/CB.FHE 01 Fax #: 1–202–307–1454 frivolous and a waste of time and money. I 49 Stillson Road From: Stu Schwartz feel it was inspired by the jealousy of McCleary, WA 98557 Fax #: 301/654–4648 Microsoft’s rivals more than by any January 19, 2002 Fax: 1 page and a cover page. inequitable business practices. Antitrust laws Attorney General John Ashcroft Stuart Schwartz are meant to protect the consumer, and I US Department of Justice 7720 Rocton Ave. believe there was no harm done to the 950 Pennsylvania Avenue, NW Chevy Chase, Md. 20815 consumer in this case. Computer software Washington, DC 20530 January 19, 2002 products are cheaper than they were ten or Dear Mr. Ashcroft: Attorney General John Ashcroft fifteen years ago. Microsoft streamlined Last November there was a settlement that US Department of Justice, 950 Pennsylvania computer programs into nice useable formats was reached between Microsoft and the Avenue, NW and increased the compatibility of computer Department of Justice. I am writing this letter Washington, DC 20530–0001 software. No other firm did this. If they had, to go on record as supporting that settlement. Dear Attorney General Ashcroft we would probably be talking about them. It has been a long time coming, and now that I am a retired businessman, having spent Businesses today are punished for being too the dispute has been resolved, America can my life in the wholesale and retail market successful. turn its attention to improving the economy. place. I am very aware of the demands of From what I understand Microsoft more The recession that we are in was actually business, and the fine line that separates than met the demands of the Department of started when the government announced the dominating a field and being a bully. This Justice, well beyond what was actually at antitrust suit against Microsoft. The market seems to be the crux of the argument between issue in the original suit. Microsoft has started to decline, and no one did anything Microsoft and the Department Of Justice. A agreed to grant computer makers broad new about it. It took an official announcement of settlement was recently reached ending a rights to configure Windows to promote non- a recession before the government finally three-year-long antitrust case against Microsoft software programs. Microsoft has wanted to get this over with. A healthy Microsoft for unfair business practices. I also agreed to design future versions of Microsoft gave us the best economy in side with Microsoft. Yes, Microsoft Windows with a device making it easier for history, and a hamstringed Microsoft gave us dominates the market, but it does so because computer makers to promote non-Microsoft a recession. You do the math. I am sure that it puts out a good product—Bill Gates software. Any further litigation would be the committee that has been set up to recognized a need for standardized computer harmful to both the economy and the country monitor Microsoft should satisfy everyone in software -and filled it. He was quicker and Let’s put this issue behind us. Give your the government who pressed on with the smarter than his competitors.If he hadn’t support to the Department of Justice and suit. They will be constantly watched, and been, they would have overwhelmed him. Microsoft settlement. thus, have to abide by the terms. Why, then, should he end up in court?We are Sincerely, This is a win-win settlement. Microsoft no fast approaching a time in this country when John Basham longer has to waste time and money in court success in business is being defined by 10121 Zig Zag Rd. and the economy will be allowed to rebound members of the congress, whose knowledge Cincinnati, Oh 45242–5747 out of this nasty recession. of business is largely supplied by lobbyists MTC–00031556 Sincerely, representing the interests of their clients and FROM : Richard Koenig (360) 422 7108 J. E. Mansmith government agencies, also influenced by lobbyists as well as the Administration. PHONE NO. : Jan. 19 2002 05:56PM Pl MTC–00031558 RICHARD KOENIG There is a need for scrutiny in any field, but Phone / FAX (360) 422–7108 Jan 19 02 05:0lp Linda Furr it needs to be more even-handed. 16674 Mountain View Road 277–2195 Microsoft has opened up its source codes Mount Vernon, WA 98274–8348, USA January 19,2002 for its Windows program to both computer Mt. Vernon, January 19th 2002 Attorney General John Ashcroft manufacturers and competitors; has allowed FAX 1 202 307–1454 US Department of Justice competing software to be inserted into Attorney General John Ashcroft 950 Pennsylvania Avenue,NW computers,allowing easier access to non- US Department of Justice Washington, DC 20530 Microsoft software, and has even agreed to a 950 Pennsylvania Ave. NW. Dear Mr. Ashcroft technical committee to monitor future Washington DC 20530 I am writing in support of the November company activity. This should be more than Dear Atorney General Ashcroft: agreement between Microsoft and the justice adequate. However, Microsoft did agree to I am writing you to express my support Department. this agreement. And the Department of towards the settlement that was reached I feel the agreement mandated Microsoft be Justice, and I think we should honor this between Microsoft and the Departement of fair and allow competitive programs to be settlement. Both parties hammered out an Justice. run within the windows software programs. agreement that both parties were happy with. As a Microsoft customer, and supporter of A committee of technical advisors surely We need to move on. There are more the recent settlement, I urge that no further would assure compliance that would be in important matters we all have to deal with action be taken at the federal level. As a the publics best interest and bring closure to right now. concerned citizen, I see, everyday, the need this case. Give your support to this agreement. Thank for growth in our economy. As I watch the Without Windows software that makes you. news, and see the recession in our country, using my computer simple, as a senior Sincerely, I become concerned with our economic citizen, I would never be able to navigate Stu Schwartz through complicated programs and would be growth and, in particular, our technological MTC–00031560 advancement. As I believe that the settlement left out of the electronic information is faire and beneficial to all parties, it is time available to me. 01/19/2002 16:24 9789229150 PAGE 01 to go on with business, and let the I also feel the settlement would help Barger Companies technology industry focus on advancement. relieve some of the concerns effecting our 63 Neptune Street Since state and federal budget are presently stockmarket on which we depend for income Beverly, MA 01915–4746 challanged, it does not make sense to spend as a retired couple. Phone: (978) 922–9500 scares resources on a battle that has already Sincerely, Fax: (978) 922–9150 been won. Again, I support this settlement Linda G Furr To: and hope that no more action is taken to 30 Ridgefield Place FAX: Attorney General John delay this process. Asheville,NC 28803 Ashcroft Sincerely, From: Richard W. Barger MTC–00031559 Richard Koening Fax: 202–307–1454 Saturday, January 19, 2002 05:21:26 PM Pages: Two MTC–00031557 FAX COVER SHEET Phone: 202–616–9937 01/19/02 14:41 FAX 360 495 4408 To: Attorney General John Ashcroft Date: January 19, 2002
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Re: Justice Department’s handling of the From: Marcus Huie, (212)472–0851 Page: 1 of reformat future versions of Windows to the Microsoft Case 1 same effect.Microsoft has actually been quite Comments: Please see attached letter directed 515 E 72nd St Apt 22G generous in the terms of the settlement. to Attorney General John Ashcroft. New York, NY 10021–4022 Sincerely, This case should be closed before the January 16, 2002 Ben Wofford government ruins the company the their Attorney General John Ashcroft MTC–00031564 industry. United States Department of Justice Thank you 950 Pennsylvania Avenue, NW 01/28/2002 12:22 9413836025 01/19/2002 16:24 9789229150 PAGE 02 Washington, DC 20530–0001 ROBERT CHALPHIN PAGE 01 The Barger Companies Dear Mr. Ashcroft: 1211 Gulf of Mexico Drive, Apt. 702 January 19, 2002 I am in favor of the Microsoft antitrust Longboat Key, FL 34228 Attorney General John Ashcroft settlement agreement. The parties worked January 19, 2002 US Department of Justice hard to reach a workable agreement that will Attorney General John Ashcroft 950 Pennsylvania Avenue, NW accomplish the goal of preventing future US Department of Justice Washington, DC 20530 monopolistic behavior.The agreement is fair 950 Pennsylvania Avenue, NW Dear Mr. Ashcroft: and reasonable, and adequately addresses the Washington, DC 20530 As a concerned citizen of this great nation, essential complaints lodged against Dear Mr. Ashcroft: I am writing to inform you of my thoughts Microsoft. I especially like the idea of the I am writing today to voice my sentiments on the settlement between the Justice creation of a technical review committee, about the Microsoft case. Why thiscase ever Department and Microsoft Corporation. I which will oversee Microsoft’s business went to court in the first place is beyond me. support the settlement, since it will bring this practices. The review committee will be able Microsoft has donenothing but help three-year ordeal to an end. to monitor Microsoft’s compliance with the consumers. It is not Microsoft’s fault that The settlement was reached after extensive settlement agreement, and will help address their competitors wereless intelligent and negotiations with a court-appointed complaints in the event Microsoft engages in less innovative than Microsoft was. Bill Gates mediator.Microsoft did not get off easy by any future anticompetitive behavior. had someamazing ideas and did a great job agreeing to this settlement. For example, Additionally, Microsoft will make it easier putting them in the market and making Microsoft has agreed not to retaliate against for its competitors to compete with Microsoft goodmoney from them. That’s the American software or hardware developers who by granting computer manufacturers the right way. I certainly hope that the develop or promote software that competes to replace features of Windows with the governmentdoesn’t make another mistake with Windows or that runs on software that software designed by Microsoft’s like their breakup of AT&T. That was competes with windows. competitors, and by disclosing parts of the certainly amess and did cause harm to Also, Microsoft has agreed to license its internal Windows code to the consumers. Windows operating system products to the competition.Continuing the litigation process Microsoft is conceding a great deal in this 20largest computer makers on identical terms is not in the public’s best interest. I would controversy so that they can concentrateon and conditions, including the price. Please like to see this case concluded. Thank you for future endeavors, not costly legal debates. discontinue any legal action against your time.Sincerely,Marcus Huie They are giving their competitorsunprecedented amounts of Microsoft, so the company can move forward MTC–00031563 in developing new products for the technology information and will give consumer. From : OZONE SYSTEMS, INC. PHONE No. consumers morechoice in their computer Sincerely, : 801 776 3864 programs. I think this is more than fair, and Richard W. Barger Jan. 20 2002 11:34M P01 I am surethat it will promote competition in 63 Neptune Street, Beverly, Massachusetts 1239 West 2600 North the computer industry. 01915 Telephone: (978) 922–9500 Facsimile: Clinton, UT 84015 Please uphold this settlement and ensure (978)922–9150 January 19, 2002 our country’s place in the Attorney General John Ashcroft internationalmarketplace. MTC–00031561 US Department of Justice Sincerely, 01/20/2002 08:23 1100000000 950 Pennsylvania Avenue, NW Doris Loevner CDAEMB1ADKMAASSOC Washington, DC 20530 MTC–00031565 PAGE 01 Dear Mr. Ashcroft: January 15, 2002 I do not believe it is prudent to punish From: Jeffrey R Tidwell Mr. Michael Coyle Microsoft for its own ingenuity and success. To: Attorney General John Ashcroft 14465 St. Germain Drive The only reason Microsoft has been able to Date: 1/20/02 Time: Centreville, VA 20121 achieve such market dominance is because it 4:52:42 PM Page 1 of 2 Ms. Renata Hesse puts out a better product than its competitors FACSIMILE COVER PAGE Department of Justice and therefore enjoys a greater degree of To : Attorney General John Ashcroft From : 601 D St., N. W., Suite 1200 popularity. Free enterprise is one of the Jeffrey R Tidwell Washington, DC 20530 fundamental principles this country was Sent : 1/20/02 at 4:52:40 PM Pages : 2 Dear Ms. Hesse: established on, and I regret that laws put in (including Cover) I strongly support the settlement between place to protect the public interest have Subject : Microsoft Settlement the federal government and Microsoft, and I begun not only to discourage free enterprise, From: Jeffrey R Tidwell believe that it could be the first step toward but to negatively impact consumers as well. To: Attorney General John Ashcroft restoring prosperity to the high technology I do not doubt that Microsoft was brought Date: 1/20/02 Time: 4:52:42 sector in the U.S. Consumers will benefit to trial because it had indeed violated PM Page 2 o f 2 from the provisions in the settlement that antitrust laws. But I do not believe it is 1538 East Lee Street allow Microsoft to decide which products necessary to cripple the Microsoft Camden, South Carolina 29020 and features it may provide to its customers corporation simply because their software is January 18, 2002 and how to price them. It’s time to do what of a higher quality than others’’. The Attorney General John Ashcroft is best for consumers and for the economy settlement proposed last November is, I US Department of Justice and this settlement seems to move the believe,fair both to Microsoft and its 950 Pennsylvania Avenue, NW country in the right, positive direction, competitors, and I find no reason to throw it Washington, DC 20530 Sincerely, out. Microsoft has agreed to allow its Dear Mr. Ashcroft: Michael Coyle competitors to have access to source code This letter is to express my endorsement of and interfaces integral to the Windows your decision to settle withMicrosoft in the MTC–00031562 operating system so that non-Microsoft antitrust case. The settlement will bring an Saturday, January 19, 2002 5:13 PM software will be able to be introduced into end to threeyears of court conflict that has To: Attorney General John Ashcroft Windows. Microsoft has also agreed to cost both sides dearly in resources.
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Microsoftis one of our nations most promote Windows technology, except where P. 1 pioneering companies and should be able to nocompetitive concerns are present. 001 returnits focus to business. The settlement is Microsoft will also document and release to January 16, 2002 equitable, and will open up the ITindustry by itscompetitors various internal interfaces of Ms. Renata Hesse allowing companies to have unprecedented the Windows operating systems. Antitrust Division access to Microsoft’scode and operating Myunderstanding is that this is the first time Department of Justice systems. With this information competitors in an antitrust settlement ever that 601 D Street NW, Suite 1200 will have abetter chance against Microsoft. productsource material has been disclosed. Washington, DC 20530 Special interests with anti-Microsoft bias I strongly urge all those involved to Dear Ms. Hesse: may try to hinder and delay thesettlement support the current settlement and bring this This letter contains my comments on the and have this case reopened. These interests three-year long suit to a close. No further Microsoft settlement. should be repelledand this case finished at action should be taken against Microsoft at The settlement is good because it brings to the federal level. I support the settlement, thefederal level. conclusion a case that has been lingering in and lookforward to the end of this case. Sincerely, thecourts for far too long. The specifics of the Sincerely, Russell Hoffman settlement are positive in that they will Jeffrey Tidwell settlethe question of unfair competition by cc: Senator Strom Thurmond MTC–00031568 sharing information and allowing entrance JAN. 20’’ 02 (SUN) 12:12 EWING ELECTRIC, into Windowsthe Microsoft competitors. The MTC–00031566 INC. settlement also addresses any issues of JAN-20–02 SUN 14:22 MERCER TEL:425–776–3711 P.001 retaliation byMicrosoft and ensures FAX NO. 18178253368 EWING ELECTRIC, INC. Electrical compliance with a technical committee. For P. 01 Contractors those reasons I supportthis settlement. 204 Oaklawn Avenue January 17, 2002 Sincerely yours, Nocona, Texas 76255 Attorney General John Ashcroft Gatewood H. Stoneman January 8, 2002 U.S. Department of Justice MTC–00031570 Attorney General John Ashcroft Washington, DC 20530–0001 US Department of Justice Dear Mr. Ashcroft, FROM : GRAPHIC BYTES INC FAX NO. : 950 Pennsylvania Avenue, NW Microsoft is perhaps the most pioneering 4048748410 Washington, DC 20530 company in recent American history.Many Jan. 21 2002 06:41PM Pl Dear Mr. Ashcroft: people also are not aware of Microsoft’s January 5 , 2002 I am writing this letter so that my view on incredible philanthropic givings, some ofthe Attorney General John Ashcroft the settlementbetween Microsoft and the biggest donations in history. That is perhaps US Department of Justice Department of Justice can be madepublic. why I was saddened when the antitrustcase 950 Pennsylvania Avenue, NW The proposed agreement is fair to both sides, was brought against Microsoft. Washington, DC 20530–0001 and I fullysupport it. However, I was delighted to learn recently Dear Mr. Ashcroft: In fact, the settlement actually imposes that a settlement was reached in thiscase. It has always struck me as a bit odd that restrictions andobligations on Microsoft’s The settlement has many positive points, and our government would have goneafter a products and technologies that were noteven will conclude the case at the federallevel. successful business like Microsoft with as in question in the antitrust lawsuit. Microsoft This settlement will allow competitors much zeal and enthusiasm as itdid. I suppose will have to shareinformation about unprecedented access to view Microsoftcode that, in retrospect, Microsoft should have Windows with its competitors, for example. so they can create better software. been a bit more flexiblewith its Windows However, Microsoft was more concerned Additionally the settlement will allow operating system (OS) and software than it with improving the economyand getting back Microsoftrivals to place software on has, but this isaddressed in the settlement. into the swing of things instead of quibbling Microsoft’s systems without difficulty. Most The settlement dictates that Microsoft’s OS oversmall details in the agreement. significantly Ibelieve the settlement will be reengineered to make iteasier for I am glad that I have this outlet, and please conclude this case at the federal level that customers and software designers to install put me on recordas supporting the settlement has cost both sidesand our economy too non-Microsoft software.The end user could between the Department of Justice and much in time, money, and effort. then re-install Microsoft products easier as Microsoft, It has become apparent that some wish this well. All in all, thesettlement will do many Sincerely, settlement withdrawn. I feel it iscritical for little things such as this to give customers Faye Arnold you to support the settlement to make sure more choices tooptimize their computer’s this does not occur and the federalcase is abilities. MTC–00031567 settled. I am hoping that this settlement will 01/20/2002 04:44 5617474985 PAGE 01 I also wonder why the people behind this indeed be the last word on this suit,and that 300 N. AIA Apt. M401 lawsuit lose sight of the fact that BillGates our country can begin to turn its attention to Jupiter, FL 33477–3503 and numerous other Microsoft individuals other, more important issues. Attorney General John Ashcroft support so many charities in this world.His I am equally hopeful that there will be no US Department of Justice 950 Pennsylvania foundations feed more people than the further federal action against Microsoft and Avenue, NW government does and he really cares that our nation’s leadership will a bit more Washington, DC 20530–000l abouteducating our young people and circumspect when contemplating any other January 17, 2002 supporting schools. We have here a person lawsuit like this one. Thank you.Sincerely, Dear Mr. Ashcroft: who reallycares about the world he and all Cathey Oldroyd I am writing in regards to the Microsoft of us live in. Give us all a break please. 931 Monroe Drive antitrust settlement reached with the Sincerely, Suite 102–197 Departmentof Justice. I am a supporter of the Donna Sorensen Atlanta, GA 30308 settlement in so far as I wish to see legal (425) 778–3773 PHONE FROM : GRAPHIC BYTES INC action againstMicrosoft brought to a halt. It (425) 776–3711 FAX FAX NO. : 4048748410 Jan. 21 2002 06:41PM is more accurate to say that I have been E-Mail: eeIect@ibm.net P2 opposed to theantitrust case from the P.O. Box 1238 P.O. Box 5599 beginning; I feel that it was entirely 539 Main Street Atlanta, Georgia 31107 unfounded. Edmonds, WA 98020 January 7, 2002 I disagree with other people’s sentiments Attorney General John Ashcroft that Microsoft is getting off easy. Under MTC–00031569 US Department of Justice theterms of the settlement, Microsoft will no 1–20–2002 4:50PM FROM 000000000000 950 Pennsylvania Avenue, NW longer enter into any agreements with 01/20/02 SUN 18:58 FAX 804 795 2340 Washington, DC 20530 thirdparties to exclusively distribute or Gatewood Stoneman Dear Mr. Ashcroft:
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After such a long and contentious feud MTC–00031572 gsl Solutions between the Justice Department and Roy Steffey Gaining Strategic Leverage Microsoft, I am happy to add my support to 35711 Baql Clair January 21, 2002 the settlement. This settlement is fair to all New Baltimore, MI 48047 Renata Hesse sides and, more importantly, brings to an end January 19, 2002 Antitrust Division all the bickering and saber rattling that has Attorney General John Ashcroft U.S. Department of Justice gone on for the past several years. US Department of Justice, 950 Pennsylvania 601 D. Street NW, suite 1200 I really believe that our government should Avenue, NW Washington, DC 20530–0001 exhibit more unified support and Washington, DC 20530–0001 Dear Ms. Hesse: encouragement to our nation’s business Dear Mr. Ashcroft: As of late, it is commonly known and has been reported and discussed by the media community than it has demonstrated through As a computer software user, I would like that the United State’s economy is in serious the course of this lawsuit. It might very well to take this opportunity to contact you and trouble. Due to the seriousness of our dire be true that Microsoft was a bit more let you know what I think of the antitrust condition, it is important that the U.S explore aggressive in protecting its market share than lawsuit against Microsoft. Microsoft has been ways in which to recover from this downfall. many in our government feel comfortable successful for the simple reason that they had It is because of these reasons that I am with. But filing this lawsuit, no matter how the best product on the market at the right writing you today to lend my support for the well intentioned our government was, time. Consumers were looking for a way to Microsoft Settlement. The settlement was a betrayed a certain disappointing attitude of utilize the new technology of personal intimidation on the part of our government fair accord that ended a complex, protracted computers in the easiest way possible. legal dilemma. The U.S. has gone through toward the business community at large, Microsoft provided this ease by‘‘bundling’’ rather than the more reasonable position of enough, and since the September 11 attacks, its software into its Windows operating we need to allow businesses and allowing market conditions to correct any system. This was precisely what consumers perceived wrongs. corporations, like Microsoft, to spur on were looking for. Without this technology economic growth to benefit all working Now that this settlement is in place, I am provided by Microsoft, we would not have hopeful that no further government action Americans, seen the ‘‘p.c.revolution’’ of the past 15 years. That is why I support the settlement; it is will be taken, and that we can all get on with Most households now contain a personal balanced for all parties involved and the the more important priorities in life. computer, and this is due to the ingenuity of conditions are fair to everyone. Microsoft has Sincerely, Microsoft. agreed to design future versions of Windows Bob Oldroyd This suit has been an unfounded waste of that allow hardware manufacturers the 648 Cleburne Terrace resources by all parties involved in this suit. freedom to promote non-Microsoft software. Atlanta, GA 30306 I believe that while this lawsuit was They have also agreed to document and 404–874–8608 unnecessary from the beginning, the disclose Windows internal interfaces for its settlement that has finally been reached is MTC–00031571 competitors. more than necessary at this time. The Jan 21 02 05:33p Robert J Bergman This settlement is fair and will help settlement is reasonable, and will put a stop America get back on its feet. Thank you for 352 683 4744 p.1 to any alleged antitrust violations that may your time. 5003 Abagail Drive occur. There will be a three-person technical Sincerely, Spring Hill, FL 34608 committee, which will over see the future Adam J. Lombardo January 21, 2002 business practices of Microsoft to ensure that Vice President Attorney General John Ashcroft the terms of this settlement are not GSL Solutions, Inc. US Department of Justice violated.Microsoft will not longer engage in 1411 N. Westshore Blvd.—Suite 102— 950 Pennsylvania Avenue, NW retaliatory action against any of its Tampa, FL 33607 Washington, DC 20530 competitors. Finally,Microsoft will design all phone 813.637.8535 -fax 813.637.8268 Dear Mr. Ashcroft: future versions of Windows with a I am writing today to urge the Department mechanism that will ease the use of non- MTC–00031574 of Justice to accept the Microsoft antitrust Microsoft soft ware within the operating JAN-21-‘02 MON 13:33 ID: ADVANTAGES B/ settlement. The issue needs to be put to rest system. A HOMES TEL NO: and the industry needs to move on. The I hope that Microsoft can finally get back 650–573–1606#456 P01 longer that this drags on the worse it is for to business and that the American technology K.G. TAX CONSULTANCY CO. everyone. industry can continue on its way without the 675 Mariner’s Island Boulevard Suite 105 The entire case has been a farce from the meddling interference of politics. Thank you San Mateo, California 94404–1040 beginning. It takes a lot of nerve to ask any for your time and for allowing me to express e-mail: kamm@bay homes.com company to share its secrets with its my opinion. VIA FAX: 1.200.307.1454 competitors. In the settlement Microsoft Sincerely, KAMM GHALAMKAR agreed to document and disclose for use by Roy Steffy BS, EA, MBA (Tax) its competitors various interfaces that are Cc: Representative David E. Bonior (650) 573–8200 internal to Window’s operating system Jan. 21 2002 06:11PM P1 PHONE NO.: FAX 573–1606 products and people are still saying that FROM: Marie A. Marsh January 21, 2002 Microsoft has gotten off easy. Microsoft is Attorney General John Ashcroft MTC–00031573 still in one piece, although they have been US Department of Justice forced to open their vault of secrets. Jan-21–2002 4:47PM GSL Solutions (Fax 950 Pennsylvania Avenue Microsoft has given up a lot in order to 813–637–8268) No.0954 P.1 Washington, DC 20530 settle with the government. The government gsl Solutions Dear Mr. Ashcroft, needs to accept the settlement and move on. Gaining Strategic Leverage I would like the Department of Justice to I do not remember any of the other ‘‘Giants To: Renata Hesse settle its antitrust lawsuit against Microsoft of Industry’’, ever being told to do the same. From: Adam Lombardo as quickly as possible. Microsoft should have The government has lost sight of the amazing Fax: 202–307–1454 Phone: the continued freedom to innovate and create number of industry related people that Phone: Pages: 2 without government interference. They Are a Microsoft had taken off the bread line many Re: fantastic company whose potential is being years back.. I am a very honest, sincere, Date: l/21/2002 undermined by continued litigation. hardworking,and trustworthy person that 1411 N. Westshore Blvd.—Suite 102— Though I believe that Microsoft’s exercises his right to vote in every election, Tampa, FL 33607 concessions in the settlement, especially every year. phone 813.837.8535 -fax 813.637.8268 allowing competitors the access to various Thank you. Jan-21–2002 4:48PM GSL Solutions (Fax internal codes for Windows,are extreme, they Sincerely, 813–637–8268) aid Microsoft in wrapping up the case in the Robert J. Bergman No.0954 P. 2 shortest amount of time possible.
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This case has been stretched too far. Please allowed to select a member to sit on the In addition to what is currently laid out in settle the lawsuit and allow Microsoft to Technical Committee. This, to me, falls the Final Judgment, I believe that at least the return to regular operation. under the description of ‘‘letting the wolf following additions should be made. First a Sincerely, guard the hen-house.’’Barring the total more effective way of ensuring that Kamm Ghalamkar exclusion of Microsoft selecting a TC competing Operating Systems and software member, I believe the section 4.B.5 should be products are more accessible to the end user MTC–00031575 changed to read as follows: ‘‘If the United by making it easier to either obtain a Jan 21 02 04:42p mbe 8606496706 p.1 States determines that a member of the TC computer from a vendor without an operating 278 Main Street has failed to act diligently and consistently system or with a non-Microsoft OS. The Apartment #F302 with the purposes of this Final Judgment, the Judgment takes a first few small steps West Haven, CT 06516 Plaintiff shall select a replacement member towards this by forbidding vendors and January l0, 2002 in the same manner as provided for in Microsoft from entering into exclusive or Renata Hesse, Trial Attorney Section IV.B.3. If a member of the TC resigns, fixed percent age distribution, promotion or Suite 1200 or for any other reason ceases to serve in his use of the Windows Operating System. Antitrust Division, Department of Justice or her capacity as a member of the TC, the However, this just doesn’t go far enough-the 601 D Street NW, Washington, DC 20530 person or persons that originally selected the OS and other proprietary software should be Dear Sir or Madam: TC member shall select a replacement an option that can be added in for a price I am writing to express my opinion on the member in the same manner as provided for over the base hardware, not automatically proposed Final Judgment in the Microsoft in Section IV.B.3’’ assumed to be what the consumer desires. anti-trustcase in response to the invitation of Thus, if the TC member appointed by This way buyers will be more free to choose public comment on the proposal. I would Microsoft to the TC is found to not be acting their operating system, and they won’t preface my comment on the proposed diligently or in a manner consistent with this automatically pay for the Windows Operating judgment by stating that I am not in any way Judgment, Microsoft will lose their right to System as is the case now with almost all affiliated, other than by usage of their appoint a member to the Committee. Also, I new PC computers. This is not to say that the products,with any of the companies believe that Section 4.B. 10 should be hardware vendors cannot offer a discount on mentioned herein. I am also not a lawyer, but changed to allow public statements by the Operating System over buying it without I have done my best to comprehend the members of the TC that have been approved buying a computer- as stipulated in the sometimes confusing Final Judgment. by the Plaintiff(s), Judgment,there is nothing wrong with This out of the way, I will be straight and In Section IV.C. 1, there should be a Microsoft giving volume discounts on its to the point: I find the proposed judgment to stipulation made to allow the Plaintiff(s) to product like almost any other business. be woefully inadequate, at best. At worst, it review and possibly reject an proposed Next, Microsoft should be prevented from leaves the door even more open for the appointment to the position of Compliance attempting to move the internet towards its practices that this proposal was intended to Officer. The Compliance Officer should also own proprietary vision by ensuring that none prevent and penalize. This phase in the legal be held accountable by the TC for carrying of its services or products exclude process is referred to as the penalty phase for out the duties outlined. interoperability with services or products not a reason- it generally involves some sort of Section IV.C.4.d should be stricken provided or produced by Microsoft. penalty to the convicted parties. However, completely from the Judgment, assuming I Specifically, attempts by Microsoft to limit the proposed judgment seems to me like even am understanding it right. Of what use is access to supposedly free content and less than the proverbial ‘‘slap on the wrist’’ having the TC if they are effectively gagged? services to its own products, as in the and closer to a slight scowl in their direction. If the TC members cannot testify of what they recorded case of the MSN site blocking I feel that much more needs to be done to have found. why are they even there? This access to users attempting to access it using discourage Microsoft from using its current to me is almost worse than not having a a non-Microsoft browser. Communications monopoly position to impede the group in place P.1Jan 21 02 04:43p protocols used by Microsoft’s products competition and innovation that is what mbe8606496706 p.2to monitor Microsoft at should, while still maintaining necessary makes a capitalist market system function so all- having a group in place that seems to be security, be published and reviewed to allow well. capable of monitoring and reporting on other products to interact properly with them I will first address problems that I see in infractions of the law, but that is forbidden and to ensure that Microsoft is not attempting the current Judgment, and will then address from doing so. This also seems to be in direct to use these protocols to further leverage its major additions that I believe should be conflict with several of the duties of the TC. monopoly. made. In Section III.H.2 (the second 2., this The TC members are to notify the Plaintiffs Similarly. the file formats used by section should have been better numbered for of any failure comply with the Judgment. Microsoft’s products should be released to referral.. .) I believe that this exception to the But, from the way Section IV.C.4.d reads the public prior to their implementation in requirement allowing non-Microsoft these reports, even the actual evidence that released software. Whether by leveraging Middleware Products has entirely too much the TC found, would not be admissible in their monopoly or not,Microsoft’s office potential to be abused. If the non-Microsoft further prosecution. Furthermore, if other productivity products have become the Middleware Product does not supply a evidence of legal in fractions were found by standard which most organizations operate ‘‘functionality consistent with a Windows the TC, they would not be able to testify under.Microsoft has an observed habit of Operating System Product’’but the user still about it as well. This section just makes no making changes to these formats which often wishes to use it, that should be their choice. sense a tall- and moreover seems to almost cripple the ability of competing and If the functionality of the Microsoft completely remove any of the usefulness of occasionally even complementary software to Middleware Product is that much better, the the TC. access these files. Requiring release of the end user can choose to use the Microsoft Finally, in Section V.3, I believe that there details of these formats would allow more Product instead of the non-Microsoft Product should not be a limit of a one-time extension level competition. Truth be told, I would also based on its functionality- not a functionality of the(hopefully modified and strengthened) like to see Microsoft be required to produce requirement decided upon by Microsoft. Final Judgment. If Microsoft were to continue versions of its productivity applications for In section 4.B, the Appointment of a to violate the Judgment even after the competing Operating Systems, but I must Technical Committee (TC) I have several maximum 7 years allotted were up, they concede that I do not have any suggestion as objections both in content and in general. should not be allowed to get off scott free to how this could be done both fairly and to First, in section 4.B.2.a, I believe that not continue leveraging their monopoly and force ensure Microsoft does not intentionally being employed by Microsoft in the past year even more of the taxpayer’s money to be sabotage the quality of these ‘‘ports’’. is far to short of a timeframe to limit this to. spent getting them to stop their illegal Finally, I believe that as an additional I believe that there should be limitation of practices. As long as it can be legally and penalty I believe that Microsoft should be not being employed in any capacity by satisfactorily demonstrated that they fined anon-trivial amount in addition to any Microsoft for at least the last 5 years should continue to violate the terms of the Judgment, court costs of these proceedings, and that this be a requirement. Also,in section4.B.3 I the penalties should be indefinitely find should be used to create a fund for firmly believe that Microsoft should not be renewable. software developers to develop applications
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specifically for non-Microsoft Operating economy.I am sure you remember the In our competitive free market place it is Systems. As Microsoft has done much to financial markets’’ positive reaction to the not necessary for companies to be nice to keep software companies from developing first news that the break-up of Microsoft, competitors. The company with the best software for competing Operating Systems to originally envisaged by the previous product usually wins, and more often than further their monopoly, I believe that this administration, was finally deemed totally not it has been Microsoft. Nevertheless the would be both and appropriate and poetic unfair and unwarranted. I strongly believe settlement that is on the table will curb penalty. that allowing the settlement of the case to behavior that some companies objected to. I have also heard several reports of continue to drag is unwise and negate many This settlement will end any contractual repeated mention of leniency in penalties other efforts undertaken to revive our restriction that hurt opponents’’ ability to against Microsoft being ‘for the good of the economy Microsoft could be labeled over offer software. Additionally this settlement country’, and I submit that this is exactly aggressive, but this aggressiveness has also will allow competitors to effortlessly place counter to the truth. Actions such as those contributed to great achievements. We expect their software on MS systems. that Microsoft has taken- achieving and more to come from them and from the rest I believe it is incumbent upon you to see maintaining a monopoly through i11ega1 of the IT sector. So please facilitate a quick this settlement is put in place and thefederal practices instead of by competing and settlement of the case and help us all focus case is concluded. Microsoft has agreed to producing superior products and services- our attention again on our business.President this settlement because it would like to are completely counter to the principles of Bush has promised us ‘‘less Government’’. return to business not the courts. Thank you this country, not just its laws, and can only We are extremely happy with federalizing for considering my point of view on this end up being harmful to this country. This airport security, but please hands off issue. country has a history of great innovation and business! Dear General Ashcroft, I strongly recommend that your creativity. which has been fostered by the Congratulations on the great job you and department issues a deadline by which the open, competitive nature of its economy. By your team are doing. Its nice to see the adults federal case pending against Microsoft must leveraging its monopoly as it has, Microsoft in charge again. Larry Thompson,Jay be settled. I believe that the mere has tried to put itself above the need for Stephens, Michael Chert off, Ted Olson, announcement of such a date will impact innovation and creativity and hence Director Mueller, What a Team!! And I’m prevented the innovation and creativity that positively on us all. Sincerely, sure many others. its competing might have produced. Wereal1 Antoine Honein Sincerely, fields of business leveraged and dominated Director Malcolm Strange by monopolies such as Microsoft, there Infrench.com LLC, P.O. Box 450193, cc: Senator Strom Thurmond would belittle, if Jan 21 02 Atlanta, GA 31145 04:43pmbe8606496706 P.3any, innovation. MTC–00031578 Telephone: 770–558–1804 and we would quickly find ourselves left Jan 21 02 01:50p Sheldon H.Schusler 480– Telephone (Toll Free): 1–888–751–8882 behind as the rest of the world continued 491–4270 P.1 Fax: (770) 723–0163 innovating and creating. I will not deny that 01/21/02 MON 18:33 FAX 800 611 2255 Email: [email protected] Microsoft is likely an important part of our 002 economy- but how much -better- a part of it MTC–00031577 1730 East Pebble Beach Drive would it be if it actually had competition that JAN-21–2002 16:10 FROM MAILBOXES ETC. Tempe, AZ 85282 forced it to compete?From DR-DOS and OS/ TO 12023071454 P. 01/02 January 21, 2002 2 (to name the ones that come to mind) and Fax Transmittal Sheet— Attorney General John Ashcroft Apple, Sun, and Linux in the present and MBE MAIL BOXES ETC. US Department of Justice into the future, Microsoft has sought to Hilton Head Island, SC 29928 950 Pennsylvania Avenue, NW eliminate its competition, not out-perform it. (843) 842–3171 o Fax (843) 842–3175 Washington, DC 20530 I would urge you to act to strengthen this If you have any problems with this fax, Dear Mr. Ashcroft: Final Judgment so that it will actually make please contact us. I am writing you today in regards to the a difference, and not only help level the Date: 1/21/02 Microsoft settlement issue. I am a supporter playing field for the competitors Microsoft To: General John Ashcroft of Microsoft and feel that there should be no has wronged, but to help force Microsoft to Fax Number: 202 307 1454 or 202 616 9937 further action against Microsoft at the federal improve itself and to preserve the From: Malcolm Strange level.The settlement that was reached in foundations that our country’s businesses Phone Number: 843 671–4337 November is both concrete and complete. were founded on. # of Pages (including this sheet) : 2 This settlement specifically details Robert A. Babcock Message: procedures Microsoft has agreed to follow to foster competition. Microsoft must design MTC–00031576 o Copy Service o Mailboxes o Notary o UPS/FedEx Shipping Services o Fax future versions of Windows, beginning with FROM : HONEIN Service an interim release of Windows XP, to provide PHONE NO. : 770 7230163 o Office Supplies o Mailing Services o No- a mechanism to make it easy for computer Jan. 21 2002 11:25AM P1 Limit Shipping TM makers, consumers and software developers infrench.com Etc ...... to promote non- Microsoft software within A selection for the french It’s Not What We Do, It’s How We Do It.TM windows. Microsoft has also agreed to no stalgic or french curious JAN-21–2002 16: 10 FROM MAILBOXES license its Windows operating system January 18, 2001 ETC. TO 12023071454 P. 02/02 products to the 20 largest computer makers Attorney General John Ashcroft 151 Greenwood Drive Apt. 3349 on identical terms and conditions, including US Department of Justice Hilton Head Island, SC 29928–4520 price.Microsoft did not get off easy in this 950 Pennsylvania Avenue, NW January 18, 2002 settlement. Washington, DC 20530 Attorney General John Ashcroft Microsoft is a company that delivers Dear Mr. Ashcroft: US Department of Justice quahty goods to the marketplace at I have been meaning to write you for a 950 Pennsylvania Avenue, NW reasonable prices. Let’s keep it that way by while. Being an Arab American, one would Washington, DC 20530–0001 allowing this company to focus its resources expect that I should be writing you about Dear Mr. Ashcroft: on designing it’s innovative software, rather subjects like racial profiling.. . Well, racial Microsoft has been a successful company than litigation. Thank you for your Support. profiling is indeed a great concern of mine, for more than fifteen years because it has Sincerely, but nonetheless, I also feel that the non- created quality products that have been used Sheldon Schusler settlement of the case against Microsoft by millions. The recent decision of the cc: Representative Jeff Flake Corporation is directly affecting the likes of Justice Department to settle in the antitrust my company, my colleagues, and various case is welcome because it allows Microsoft MTC–00031579 sectors of the economy, including the stock to focus on business and less on legal FROM : A D Fakonas market, that are the basis for refueling our matters. PHONE NO. : 925 2537936 Jan. 21 2002
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01:53PM P1 granted rights to configure Windows so as to I wish to express how happy I am to hear A. D. Fakonas promote their own software. Microsoft has that the Department of Justice finally ended 56 Via Floreado also agreed to provide any party acting under its antitrust lawsuit against Microsoft. This Orinda, CA 94563 the terms of the agreement with a license to agreement will greatly benefit Microsoft’s January 21, 2002 applicable intellectual property rights, I do competitors. They should be thrilled with the Attorney General John Ashcroft not believe that, with this settlement outcome of this case. US Department of Justice available, additional intellectual property Microsoft had to compromise much just to 950 Pennsylvania Avenue, NW rights, I do not believe that, with this get the case over with. It agreed to make Washington, DC 20530 settlement available, additional litigation is available to its rivals, on reasonable and non- Dear Mr. Ashcroft: necessary. discriminatory terms, any code that Windows I urge you to settle the antitrust case Mr. Ashcroft, I am of the opinion that the uses to communicate with other programs. against Microsoft. The issue has been dragged remaining litigious plaintiff states are driven The company also agreed to disclose and out far too long, to the detriment of the US by greed, not by justice. Microsoft should be document, for use by its competitors, various economy and consumers.In fact, it often felt rewarded for its ingenuity, not punished for interfaces that are internal to Windows like the main reason this case was ever its success. America was touted as the land operating system products—a first in an brought up was because its competitors were of opportunity when colonization began; free antitrust lawsuit. better at navigating the political world. enterprise was encouraged and fostered. What more could Microsoft’s competitors Although Microsoft’s business dealings What has the justice system come to when want? Maybe a key to the front door of the may have been heavy-handed in the past, successful entrepreneurs are stripped of their company’s headquarters would make them they were not detrimental to the consumer power to line the pockets of political happier. marketplace. I, like most(even marginal) vultures. I urge you not to allow this to Enough is enough. I hope the federal computer users, have always had the option become the standard in justice. Endorse the government never does this to Microsoft to use products from any software vendor. I settlement, Mr, Ashcroft, and allow Microsoft again. It would be pure harassment if they personally have used both Internet Explorer to move on. would. and Netscape Navigator, and I still use both Sincerely, Sincerely, Microsoft Media Player and Real Networks Billy G Hurt Evelyn S Rucker Real Player. I have both on my computer Evelyn Rucker simultaneously, and both work fine. The fact MTC–00031581 is that Microsoft has become a dominant 515 282 9265 1–21–02 02:06 PM WALSH MTC–00031583 force because it has provided superior EQUIPMENT FROM : CLUFF PHONE NO. : 12158601401 products at good value. The settlement Clifford J. Walsh Jan. 21 2002 04:19PM P1 negotiated in November eliminates 6881 NW 54th Court 11 Paddock Way—Southampton— Microsoft’s ability to force programs and Johnston, Iowa 50131 Pennsylvania—18966 products consumers and manufacturers by January 21, 2002 January 10, 2002 requiring Microsoft to allow competitors to Attorney General John Ashcroft Attorney General John Ashcroft place their own programs on Windows. The US Department of Justice US Department of Justice result is a playing field as level as the 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue, NW competition will ever get. Washington, DC 20530 Washington, DC 20530 Please drop the case and settle without Dear Mr. Ashcroft: Dear Mr. Ashcroft: further litigation. Everyone has dwelled on The lawsuits against Microsoft in the I am writing in support of recent settlement the matter long enough. antirust case have gone on for far too long. between the Department of Justice and Sincerely, I am appalled that after a settlement has Microsoft in the antitrust case. Although this A. D. Fakonas occurred that nine states want to continue case should have been over long ago, there litigation. The settlement is more than fair in are some concessions that Microsoft is being MTC–00031580 many ways and actually borders on being too forced to make which I would expect most JAN-22–02 03:23 AM BILLY HURT harsh for Microsoft. corporate giants to go through at one point 2705279789 P. 01 Essentially, Microsoft has agreed to in their history I am very cynical about any Billy G. Hurt, Ph.D. improve its relations with software litigation at all due to nature of it and who 217 Wood Trace developers and computer makers, disclose sponsored it. But I consider it fairly expected P.O. Box 898 technological secrets that they have in the natural course of business for any big Benton, KY 42025 developed, not enter into third party firm. I do feel that the states pursuing this January 18, 2002 agreements, and design future Windows’’ matter are not serving the best interest of the Attorney General John Ashcroft versions to allow competitors to more easily American Public. Microsoft created a very 950 Pennsylvania Avenue NW promote their own products, I hope the successful business and has added greatly to Washington, DC 20530–0001 settlement and its concessions end up being he IT sectors development in our country. Dear Mr. Ashcroft: in the bets interest of the public, They are also responsible for numerous other For the past six months, Microsoft and the I urge your office to take a firm stance on contributions to society. Department of Justice have participated in this settlement and finalize it as soon as I look forward to Microsoft being given the round-the-clock negotiations hosted by a possible. Our economy and the IT sector in chance to focus on business. I support the court-appointed mediator, the result of which particular need this to end. settlement, and hope to see it implemented was a comprehensive settlement. For the past Sincerely, as soon as possible. sixty days, the settlement has been under Clifford J. Walsh Sincerely, review while the Justice Department debates Johnston, IA 50131 Wayne Cluff the fairness of the terms. [email protected] The settlement does not let Microsoft off MTC–00031582 cc: Senator Rick Santorum the hook easily. The settlement negotiations FROM : E S RUCKER were meticulous; in fact, some of the terms PHONE NO. : 504 5235996 MTC–00031584 reached Cover products and practices not Jan. 21 2002 02:05PM Pl JOHN LASHLEY 520 743 8675 P.01 found to be unlawful by the Court of 1518 1st Street This ‘‘L Dew Properties, LLC Appeals, Microsoft has agreed to a wide New Orleans, Louisiana 70130 8655 138th Ave. S.E. 425 271 0182 range of obligations and prohibitions, none of January 17, 2002 Newcastle, WA 98059 which fail to address the complaints of the Attorney General John Ashcroft and plaintiff states. For instance, Microsoft has US Department of Justice 4755 West Sunset Road 520 743 1998 agreed to reformat future versions of 950 Pennsylvania Avenue, NW Tucson, WA 85743 FAX 743 8675 Windows in order to support non-Microsoft Washington, DC 20530 cell phone: 425 785 5822 software, and computer makers have been Dear Mr. Ashcroft: e-mail: [email protected]
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January 22, 2002 but also to the IT sector. Please do what is which is only trying to make good software. Attorney General John Ashcroft right for our nation and quell opposition and Indeed, the terms of the settlement go far US Department of Justice finalize the settlement. Thank you for your beyond what was originally called for in the 950 Pennsylvania Ave. NW time. lawsuit merely for the sake of wrapping up Washington DC 20530–0001 When Shunt says the 8:15 from Paddington the suit. I would like to register my opinion about he really means the 8: 17 from Paddington. Examples include Microsoft agreeing to the antitrust settlement with Microsoft. I The places are the same, only the time is document and disclose for use by believe it should be settled in the interests of altered. competitors many of the various interfaces the country and the technology sector. The But is suspense, as Hitchcock states, in the internal to Windows. This is a first in an idea that Microsoft is so superior to other box. No, there isn’t room, the ambiguity’s put antitrust settlement. Further, Microsoft has software developers is false. I am attaching on weight. <> ’’ ‘‘’’ ‘‘’’ agreed to allow computer and software the download that Microsoft sent me so that JOHN LASHLEY makers to modify Windows so Microsoft I could ‘‘write’’ you. This is the way they 520 743 8675 products can be removed and non- Microsoft interface with their own software—- totally Sincerely, products installed in their places Examples unusable garbage. As both a Windows 2000 John Lashley include Netscape Navigator, AOL instant user, Internet user, and former AOL, and Messenger, and RealNetworks RealPlayer. Apple user, I want to state unequivocally that MTC–00031585 Overseeing the terms of this settlement will there is plenty of room for innovation with JAN. 21 ‘‘02(MON) 14:14 be a technical committee comprised of three other companies. It should be easy to provide DIRECTORY DISTRIBUTING ASSOC. INC software-engineering experts. These experts better products than those produced by TEL:314 592 8791 P.001 will also assist in any dispute resolution Microsoft, and if they are available, I will buy RICHARD L. RACKERS should a complaint be filed against them. 160 Corporate Woods Court Microsoft. The timeline between the Department of Bridgeton, Missouri 63044 For these reasons, I support the recent Justice starting this ‘‘witch hunt’’ and the January 21, 2002 settlement SO we can put this matter behind troubles in our economy and the stock Attorney General John Ashcroft us. market are more than just coincidence. It is US Department of Justice Sincerely, time for America and innovation to move 950 Pennsylvania Avenue, NW Pat Sweyer forward. Washington, DC 20530 Sincerely, Dear Mr. Ashcroft: MTC–00031587 John Lashley It is my understanding that the Justice FROM JOHN LASHLEY Department has reached a proposed ‘‘00 00/00 00: 05 P. 01 520 743 8675 P.02 settlement with Microsoft based on the North Fork Tree Farm 4755 Sunset Road allegations brought against the company for 1717 NW 414th Street Tucson, AZ 85743–9606 violation of various antitrust laws. It is also Woodland, WA 98674 January 15, 2002 my understanding that you are currently January 21, 2002 Attorney General John Ashcroft accepting public comment on the proposed Attorney General John Ashcroft US Department of Justice settlement. Please consider mine a vote of US Department of Justice 950 Pennsylvania Avenue, NW support for the settlement. While I know that 950 Pennsylvania Avenue, NW Washington, DC 20530–0001 it probably does not go as far as many of Washington, DC 20530 Dear Mr. Ashcroft: Microsoft’s competitors would like, I believe Dear Mr. Ashcroft: I am writing to express my opinion of the that it is a fair and reasonable resolution of I’m writing to encourage you to support the recent antitrust settlement between Microsoft the alleged violations. As I understand the recent anti-trust settlement reached by and the US Department of Justice. The case matter, the major complaint raised by Microsoft and the United States Department has been dragging on too long. It seems to be competitors was the fact that they could not of Justice. I feel this shameful lawsuit is a political showcase instead of principled compete in such areas as Internet access something the Justice Department should lawsuit. I am in support of the settlement within the Windows systems. This settlement have never launched against Microsoft, because I believe it is in best interest of allows such competition for the first time by which is only trying to make good software. country to end this case. But, I think the forcing Microsoft to share their proprietary Indeed, the terms of the settlement go far concessions Microsoft is being forced to software code with its competitors. beyond what was originally called for in the make are too harsh. It is important to the economy right now lawsuit merely for the sake of wrapping up Some people have made the mistake of to enter a growth phase and lawsuits such as the suit. Examples include Microsoft agreeing seeing Shunt’s work as a load of rubbish the Microsoft suit can serve to stifle growth. to document and disclose for use by about railway timetables. I believe that the Justice Department and competitors many of the various interfaces I do not feel that my rights have been Microsoft have reached a fair and workable internal to Windows. This is a first in an infringed upon as a Microsoft user. In fact I resolution, and I hope that you move forward antitrust settlement. Further, Microsoft has think that Microsoft’s; products have been with it as quickly as the law allows. Thank agreed to allow computer and software more superior to other vendors. That is why you for your attention. makers to modify Windows so Microsoft I choose Microsoft’s services. The terms of Sincerely, products can be removed and non- Microsoft the settlement will definitely be to the Richard Rackers products installed in their places. Examples advantage of competitors, and I believe I in include Netscape Navigator, AOL. Instant some ways violate Microsoft’s intellectual MTC–00031586 Messenger, and RealNetworks RealPlayer. property rights. For instance, Microsoft will North Fork Tree Farm Overseeing the terms of this settlement will have to disclose internal interfaces and 1717 NW 414th Street be a technical committee comprised of three protocols that took time and money to Woodland, WA 98674 software-engineering experts. These experts develop. They will also be granting computer January 21, 2002 will also assist in any dispute resolution makers broad new rights to configure Attorney General John Ashcroft should a complaint be filed against Windows so as to promote non-Microsoft US Department of Justice Microsoft. software. 950 Pennsylvania Avenue, NW For these reasons, I support the recent But clever people like me who talk loudly Washington, DC 20530 settlement so we can put this matter behind in restaurants, see this as a deliberate Dear Mr. Ashcroft: us. ambiguity. A plea for justice in a mechanized I’m writing to encourage you to support the Sincerely, Walt Sweyer society. recent anti-trust settlement reached by These stipulations make no sense for Microsoft and the United States Department MTC–00031588 Microsoft as a business, but they are agreeing of Justice. I feel this shameful lawsuit is P. 0. Box 194 to do so because further litigation would be something the Justice Department should Indianola, WA 98342–0194 even more detrimental not only to Microsoft, have never launched against Microsoft, January 21, 2002
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Justice Department Sincerely, Naji Banna Urgent For Review Please Comment Please District Court Page 01 MICHAEL BAKER CORP. Reply Please Recycle Washington, DC 20510 304–769–0822 15:39 01/21/2002 Comments: Dear Mr. Ashcroft Attached is Letter RE: Microsoft I am writing you express my trepidation MTC–00031590 [Illegible Lines] regarding the delay in effecting the 01/21/2002 11:17 8183410492 FROM : Carl and Joan Cimarosa FAX NO. : settlement reached between Microsoft and TRAFFIC SCHOOL 17322554867 the Department of Justice 12 weeks ago. I PAGE 01 Jan. 21 2002 03:19PM P2 have been following this issue from the Traffic School Dora/Arthur Texidor, Jr. beginning, for three strange years in 19703 Nordhoff St. 1945 S.W. York Lane American history, and it seems like the only Northridge, CA 91324 Palm City, FL. 34990 consistency in the political arena is having Fax January 19, 2002 the DOJ and Microsoft butting heads. I side Facility: Attorney General John Ashcroft with Microsoft on this issue, because this From: Brett Elkins U.S. Department of Justice company has accomplished a lot for Attn: Attorney General 950 Pennsylvania Avenue, NW Washington State, America, and indeed the Date: Washington, DC. 20530 world. Fax#: Dear Mr. Ashcroft, It is apparent to me that this settlement Pages: I am greatly pleased to hear that a proposed will greatly benefit the economy and 0 Reply Requested settlement has been reached in the Microsoft consumers. This company should be allowed 0 Information Only antitrust case. I fully support the measures to get back to business and do what it does Please Support Microsoft Settlement listed in that settlement. best: create excellent, reliable and ever more Phone: 8O0.401.7720 Microsoft worked very hard to get to where varied products. This company has done so ≤Fax: 818.341.0492 they did, and should not be punished much to impact the technology industry that 01/21/2002 11:17 8183410492 because they had a desire to make products stifling it now could not possibly serve the TRAFFIC SCHOOL that work well with each other. Even Bill best public interest. PAGE 02 Gates pointed out that nobody sues Kodak This issue should be the last of our worries Brett Elkins when it invents a new camera that requires at the present time. Please support this 651 S Bundy Drive a new brand of film, which it also provides. settlement and close the door to this debate. Los Angeles, CA 90049 Microsoft did not get off easy as some news Thank you for your support. January 19, 2002 reports suggest. Microsoft has agreed to allow Sincerely, Attorney General John Ashcroft its competitors access to its Windows Ronald Moore US Department of Justice interfaces and protocol so that they can P.01 206 937 3780 Jan-21–02 11:13A first 950 Pennsylvania Avenue, NW attach their own non-Microsoft products to hill rehab Washington, DC 20530 Windows. They have also agreed to allow a Dear Mr. Ashcroft: committee to monitor their compliance with MTC–00031589 I am writing to you today to express my all provisions of the settlement. FAX 1–202–307–1454 support of the Microsoft settlement. The I look forward to a swift and fair settlement 442 Porter Road settlement has been a long time in the of this case. Thank you. Charleston, West Virginia 25314 making. Three years have passed since the Sincerely, January 16, 2002 inception of this case. Over these years, many Dora Texidor Attorney General John Ashcroft dollars and much time have been wasted MTC–00031592 US Department of Justice hiring court mediators. Finally in November 950 Pennsylvania Avenue, NW a settlement has been reached. I believe this JAN-21–2002 11:00 PHILIPS 425 487 7672 Washington, DC 20530 settlement to be fair. Most importantly, P. 01/01 Dear Mr. Ashcroft: however, I believe this settlement is in the Ellen M. Whitten This letter is to express my unwavering best interests of our economy and our 14620 W. Lake Goodwin Rd. support for Microsoft in light of the recent country. Stanwood, WA. 98292–7794 litigation brought against them by the Under the terms of the settlement January 21, 2002 Department of Justice. I think that this entire Microsoft agrees to license Windows at the Attorney Genera1 John Ashcroft lawsuit has dragged on long enough and it is same rate to PC manufacturers. This will US Department of Justice, 950 Pennsylvania really time for this to end. I have always used decrease costs for the consumer. Further Avenue, NW Microsoft products and have also admired Microsoft will now disclose the protocols Washington, DC 20530–0001 the company’s mission. Microsoft is an and internal interface of the Windows Dear Mr. Ashcroft: industry icon that is being penalized for their system. This will allow developers to design Now that there is an opportunity for a outstanding innovations. software that is more compatib1e with the settlement of the government’s lawsuit with In reviewing the elements of the case, it is Windows system. Users, in addition, will be Microsoft, I would like to suggest that this obvious that Microsoft has made several able to add non- Microsoft software to the deal be finalized at the end of the month. strides to honor the terms of the settlement. system. Though some of the claims in the suit have They have gone above and beyond what the The benefits of this settlement clearly some merit, as a whole this legal action settlement required them to do. I think that outweigh the costs. I hope that you would appears to be a ‘‘sour grapes’’ attempt by this is very admirable and quite noteworthy. enact the settlement at the end of January. companies that lost business they expected, Microsoft wants this to come to an end so Sincerely, and it has absorbed more energy than ever that they can refocus their attention on Brett Elkins warranted. Any further litigation would be innovation and rebuilding their employee excessive. morale and company structure. MTC–00031591 An obvious problem with the lawsuit is With regard to compliance with the FROM: how a company can have so much settlement, Microsoft has agreed to allow Carl and Joan Cimarosa competition and still be a monopoly. There computer makers to replace Microsoft access FAX No.: 17322554867 are plenty of alternatives to Microsoft features with non-Microsoft software. They Jan. 21 2002 03:19PM Pl products. However, as a member of the have also implemented a uniformed pricelist Fax technology industry, my view is that and have established a three person technical To: Attorney GEN. Ashcroft Microsoft’s dominance has a simple committee to monitor Microsoft’s compliance From: Dora Texidor explanation: they develop superior software. with the settlement. In my estimation, Fax: 1–202–307–1454 Pages: 2 Considering how most companies operate, Microsoft is no longer the problem here. The Phone Microsoft’s offer to eliminate preferential problem is the continual delays of the Date: 1/21/2002 treatment of computer makers who use or settlement. Re: Microsoft CC: promote their products is among several
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major concessions in the agreement. On top of the case to the district court, left the option Windows technology exclusively or in a of that, forcing Microsoft to allow its of punitive remedies open. fixed percentage, make available to its competitors to review their internal code is The settlement does a good job of saying competitors, on reasonable and non- a very invasive rule that at least straddles and two things to Microsoft, ‘‘You shouldn’t discriminatory terms, any protocols probably crosses the line of government manipulate other companies in exactly the implemented in Windows’’ operating system interference in the free marketplace. same way you did last time.’’ and, ‘‘Feel free products that are used to interoperate With the involvement of an impartial to find some other strategy for accomplishing natively with any Microsoft server operating technical committee to review compliance, the same thing.’’ To a lawyer or judge, it may system, not retaliate against computer makers there is no need to press for further seem that the first statement should be much who ship software that competes with disruption of Microsoft’s business. Let’s stronger. From what I have read of anything in its Windows operating system, move on and allow this company to grow Microsoft’s past behavior, I expect them to and agreed to document and disclose for use without further headaches from government. continue to ignore court orders, pretend by its competitors various interfaces that are Thank you. compliance with court orders and laws, and internal to Windows’’ operating system Sincerely, to apply their own unrealistic interpretation products-a first in an antitrust settlement. Ellen M. Whitten of agreements, including this settlement, Finally, Microsoft has a commitment not TOTAL P.O1 until someone in the justice system does only to the consumer, but also to its something extreme which impacts Microsoft employees. This agreement if not approved MTC–00031593 in a timely fashion. could cause major problems, which would 0 1 / 2 1 / 0 2 10:54 FAX 2067490225 0l/2l/O2 10:55 FAX 2067490225 KINKOS undermine Microsoft’s commitment to its KINKOS 3RD & MARION 001 3RD & MARION employees. Microsoft has been a good kinko’s So, why have some of the states gone along corporate employer, and its employees fax cover sheet with this settlement? Some inappropriate benefit greatly from that, and in turn so do Kinko’s Third & Marion 816 Third Avenue comments, referring to the events of we. I urge you to approve this settlement. Seattle WA 98104 September 11, 2001, on the part of the judge, Sincerely, Telephone: (206) 749–0206 Fax (206) 749– and an about face from their Department of Vincent Uriarte 0225 Justice leadership led their negotiators and MTC–00031595 Date 1–21–02 Number of pages 3 (including lawyers to believe that the most they would cover page) be able to get was some breathing room while Jan 21 02 11:49a p.1 to: Name Renata Hesse from: Name Anthony Microsoft explores new strategies for abusing Matt Dawson Christopher its monopoly. One of the things that probably 6127 W 9800 N Company Company led to such a biased negotiation is that the Highland, UT 84003 Telephone Telephone 253–856–8585 plaintiffs have some respect for the court and January 19, 2002 Fax 1–202–307–1454 Email its wishes (for a quick settlement, in this Attorney General John Ashcroft [email protected] case) while Microsoft does not. US Department of Justice Comments: Comment on Microsoft The message corporate leaders are going to 950 Pennsylvania Avenue, NW settlement with the Department of get from this is that if they have, or can Washington, DC 20530 Justice acquire, a monopoly while the current Dear Mr. Ashcroft: TRY KINKO’S FOR SIGNS, POSTERS AND administration is in power, they can get away I find it hard to believe that, after six BANNERS with breaking the US anti-trust laws, months of round-the-clock negotiations, nine 01/21/02 10:55 FAX2067490225 KINKOS regardless of whether or not they are found of the eighteen plaintiff states still refuse to 3RD & MARION guilty of doing so. close the case with Microsoft and accept Renata Hesse Since the Department of Justice seems to what is, for all intents and purposes, a Trial Attorney have changed sides, just for truth in perfectly reasonable settlement. I do not 325 7th Street, NW, Suite 500, appearances, you might ask if it wouldn’t believe it is necessary to drag the suit out any Washington, DC 20530 Date: January 21, prefer to list itself as assistant council for the longer, especially considering the negative 2002 defense instead of plaintiff in this case. In impact it has already had on the economy, Comments on Microsoft Settlement with summary, this settlement would not serve the and the IT industry. Under the the Department of Justice I am not a lawyer, public interest. It would be a detriment to the circumstances, it is in the best interest of all I am a software developer with two decades public interest. While a legislative body parties involved to settle the case and move of experience in the software industry. I am rushing to sign laws in order to appear on. aware of some of the positive and negative responsive to the events of September 11 is Three years have been spent reaching the impacts of many of Microsoft’s products and very bad, comments from judges prompting decision that is currently under review, and business practices. I have read the settlement rushed negotiations in order to appear I cannot imagine how much longer it would proposed by the Department of Justice. I sensitive and/or competent are almost as bad. take before the remaining litigious states doubt a line by line criticism of the Anthony Christopher would be satisfied. There is more to be lost settlement by someone with my limited 6021 S 238 Pl. #El04 through needless litigation than there is to be knowledge of the law would be worthwhile, Kent, WA 98032 gained in reconsidered settlement. The terms so I offer my over all opinions. Microsoft agreed to extend not only to The settlement addresses prevention of MTC–00031594 policies and products found to be unlawful future misdeeds and does not include any FROM: FAX NO: Mar. 12 2001 04:43AM P1 by the Court of Appeals, but also to some that mention of punitive actions against 01/21/02 MON 14:43 FAX 500 641 2253 002 were not found to be in violation of antitrust Microsoft. I know our justice system has used 142 Swordfish Road law. In this respect, the settlement is not only the concept of punishments fit to crimes in Manahawkin, NJ 08050 fair, but also generous. Microsoft has agreed the past (excuse me if my use of the word JANUARY 21, 2002 to change future versions of the Windows crime or other words is common and not Attorney General John Ashcroft operating system so that its competitors legal). I thought our judicial system still US Department of Justice would be able to introduce their own made use of such a notion today. To my 950 Pennsylvania Avenue, NW software directly into Windows. Microsoft mind, there is not just the question of the Washington, DC 20530 has also agreed to provide third parties acting settlement preventing the Microsoft Dear Mr. Ashcroft: under the agreement with a license to corporation from engaging in illegal practices I am writing in support of Microsoft’s applicable intellectual property rights to in the future, but also the larger question; antitrust settlement with the federal prevent infringement issues. Will it and other corporations be convinced government. I think this settlement is I do not believe it is necessary for the suit that it is not a good idea to break this nation’s adequate and addresses the overall concerns to remain open. Microsoft and the anti-trust laws, based on how Microsoft is of the federal government. Microsoft agreed Department of Justice have come to an punished for breaking those same laws in the to not enter into any agreements obligating agreement that addresses the complaints of past ? I thought the appellate court remand any third party to distribute or promote any the involved parties and makes generous
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concessions as well. No further action is Who else would do that? Any further action years for a subsidiary of Reuters Plc, I worked needed. would be counter -productive. with Windows and Apple interfaces, among Sincerely, I urge you not to allow small minds to others, and felt although Microsoft competed Matt Dawson derail this decision off the fast track. There heavily with Netscape and all of its other cc: Representative Chris Cannon will always be those who do not accept any competitors, that its actions were justified in sort of compromise, wanting only to destroy, MTC–00031596 the face of competition Netscape and others instead of build. Give your support to this were equally aggressive in trying to attain Jan 21 02 11:24a p.1 agreement. Thank you. and retain customers, but only the strong Microsoft Sincerely, survive. In our view, Microsoft continued to MICROSOFT CORPORATION David Haslam innovate at a greater rate than Netscape did. 123 Wright Brothers Drive #200 Phone: (801) MTC–00031597 At any rate, I hope no further litigation 257–6300 takes place and I look forward to seeing SLC, Utah 84116 Fax: (801) 257–6501 01–21–2002 13:36 8183512484 ABB Microsoft allowed to roll out new products United States Of America Internet: http:// AUTOCLAVE P.O1 and services for the tech industry. www.microsoft.com 1603 Pershing Avenue Sincerely, MS FACSIMILE Erie, PA 16509 Vanessa Fiori TRANSMITTAL FORM January 18, 2002 cc: Senator Rick Santorun TO: Attorney General John Ashcroft FROM: Attorney General John Ashcroft Dave Haslam US Department of Justice MTC–00031599 Company: Bldg/Room: 950 Pennsylvania Avenue, NW 215 B Street CC: Phone: 273–6367 Washington, DC 20530–0001 Salt Lake City, UT 84103 Phone: Date &Time: January 21, 2002 Dear Mr. Ashcroft: January 18, 2002 11:30am I am writing to express my dismay that the Attorney General John Ashcroft Fax: 1–202–307–1454 Number of Pages: 2 judicial process may be impeded by nine of 950 Pennsylvania Avenue, NW PRIORITY: xURGENT! 0 FOR REVIEW 0 the eighteen plaintiff states in the Microsoft Washington, DC 20530–0001 PLEASE COMMENT 0 PLEASE REPLY antitrust case. Last November, a settlement Dear Attorney General Ashcroft: 0 PLEASE RECYCLE was reached between Microsoft and the For the past three years, Microsoft and the CONFIDENTIALITY STATEMENT: The Department of Justice. The settlement is Department of Justice have been immersed in information in this facsimile message is currently undergoing a period of review and antitrust hearings in the federal courts. legally privileged and confidential unfortunately, the handful of states that wish Recently, a settlement was reached that information intended only for the use of the to continue litigation have used this time to thoroughly addresses the antitrust addressee listed on this cover sheet. If the rally support for their side. I do not wish to infringements Microsoft committed and reader of this message is not the intended see further action taken against Microsoft proposes a solution to the dilemma that recipient, you are hereby notified that any Corporation. presented itself at the case’s inception. dissemination, distribution or copying of this Microsoft agreed to a wide variety of terms Microsoft will, under the terms of the telecopy is strictly prohibited. If you have under the settlement, some of which require settlement, be required to adjust its policies received this facsimile in error, please change, some of which require concessions to and programs in favor of its competitors, to immediately notify us by telephone at the its competitors. For example, Microsoft has facilitate interoperability and prevent number listed on this coversheet and return agreed to reformat upcoming versions of retaliatory behavior or monopolistic the original message to us at the above Windows so that the operating system will be contracts. address via the United States Postal Service. able to support non-Microsoft software. Six months of round-the-clock negotiation Microsoft will reimburse any costs you incur Additionally, Microsoft has agreed to resulted in a comprehensive settlement, the in notifying and returning the message via provide parties acting under the terms of the terms of which not only address Microsoft’s fax or mail to one of the addresses shown settlement with a license to applicable antitrust violations, but also extend to above. intellectual property rights. I do not believe Jan 21 02 11:24a P-2 these terms are lenient for Microsoft. I think products and procedures not found to be 2218 West Temple View Lane the settlement is thorough and fair. Mr. unlawful by the Court of Appeals. Microsoft South Jordan, UT 84095 Ashcroft, in good conscience I ask that you has agreed to document and disclose January 11, 2002 settle this case. It is not in the interest of the interfaces integral to the Windows operating Attorney General John Ashcroft public, and quite honestly, the perfect system for use by competing software US Department of Justice, 950 Pennsylvania solution is in the hands of the court right producers. This is an unprecedented Avenue, NW now. I urge you to support the settlement. requirement in antitrust settlements. Washington, DC 20530–0001 Sincerely, Moreover, Microsoft has agreed to provide Dear Mr. Ashcroft: Franz & Bernadette Zimmerman third parties acting under the terms of the I am writing to address a very important cc: Senator Rick Santorum settlement with a license to intellectual issue; that of the settlement between property rights that would otherwise be Microsoft and the Department of Justice. I am MTC–00031598 infringed. asking that you give your support to this 01/21/02 MON 13:58 FAX 2156384515 Microsoft’s compliance with the agreement agreement, under which Microsoft agreed to ANAMIR ELECTRONICS 001 will be overseen by a three-person committee give up its intellectual property rights for the Vanessa Anne Fiori of software engineering experts, and any interfaces to its Windows operating system, 1083 South Kimbles Road third party which feels that Microsoft is not and make it easier for competitors to install Yardley, Pennsylvania 19067 acting in accordance with the terms of the non- Microsoft products. January 10, 2002 settlement is free to lodge a formal complaint This agreement was reached after three Attorney General John Ashcroft with the technical committee, a Microsoft long years. It cost both parties enormous US Department of Justice Compliance officer, any of the plaintiff states, amounts of time and money. Whether or not 950 Pennsylvania Avenue, NW or the Department of Justice. Microsoft was guilty of unfair business Washington, DC 20530–0001 I do not believe that, with this settlement practices and monopolizing the market is a Dear Mr. Ashcroft: available, Microsoft remains culpable in the matter of opinion, but Microsoft has made a I am writing to express my opinion about antitrust suit. The remaining litigious good faith effort to accede to the demands of the recent settlement between Microsoft and plaintiff states should not be permitted to the Department of Justice, agreeing to terms the US Department of Justice. Litigation take advantage of Microsoft’s current that extend far beyond the products and never should have been pursued in the first vulnerability. I urge you, Mr. Ashcroft, to procedures that were at issue in the original place, but now that it has I AM GLAD TO allow the settlement to stand. lawsuit. Microsoft even agreed to have a SEE IT FINISHED. Sincerely, three-person technical committee review its Microsoft never infringed on my rights as Jeremy Carver actions for compliance with the settlement. a consumer. As a software developer for 01/21/2002 10:48 8012576301 PAGE 01
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MTC–00031600 January 11, 2002 settlement, while limiting Microsoft’s own JAN-21–02 MON 11:01 AM BLIXT 702 853 Attorney General John Ashcroft competitive abilities, will certainly foster 3085 P. 01 US Department of Justice competition among the entire computer 14305 Domingo Court 950 Pennsylvania Avenue, NW industry. They are changing the way they do Reno, Nevada 89511 Washington, DC 20530 business, allowing computer makers to pre- January 7, 2002 Dear Mr. Ashcroft: install competing software on Windows. Attorney General John Ashcroft I am writing to voice my opinion regarding Microsoft has agreed to share more US Department of Justice the recent settlement in the Microsoft case. information with their competitors, even 950 Pennsylvania Avenue, NW First and foremost, this case has dragged on though they spent their own time, money and Washington, DC 20530 for far too long. Second, the settlement was resources developing the technology. The settlement is a very just solution to ending Dear Mr. Ashcroft: reached after a long series of negotiations this lawsuit. I am writing to express my interest in the with neutral mediators. This settlement Simcerely recent settlement between the US department indeed serves the public interest; I don’t see Mark Leary of Justice and Microsoft in the antitrust case. how there can be any dispute on that, except The recession has had a devastating effect on from their competitors who won’t take MTC–00031603 anything less than a break-up. Microsoft has our economy and this issue needs to be laid, JAN 21 2002 09:51 FR MICROSOFT RECEP to rest. created superior products and set the standard for the entire IT industry, they #22 425 936 7224 TO 912023071454 P. As a Microsoft products and services user, 01/01 I am happy to see that Microsoft will not be should not be punished for that. So much of my personal marketability is John Held broken up. In fact, I think the settlement as 16329 170th Ave. NE it stands is too harsh and I do not agree with due to my extensive knowledge of the Microsoft programs that are used in so many Woodinviue, WA 98072 all of the concessions that Microsoft is being January 21, 2002 forced to make. businesses. I work in investment banking and nearly all of the software we use is Windows Attorney General John Ashcroft I hope that there is no further action taken US Department of Justice against Microsoft and I look forward to seeing compatible and the software used for general office procedures is all Microsoft as well. 950 Pennsylvania Avenue, NW their business grow as it has for the last Washington, DC 20530 Should I have to learn new programs, a large decade. I thank you for your time. Dear Mr. Ashcroft: portion of my employable skills would be Sincerely, I am writing today to encourage the diminished. Additionally, everything on my William Blixt Department of Justice to accept the Microsoft home PC is run by Microsoft products. I am cc: Senator Harry Reid antitrust settlement. I work within the not forced to use Microsoft, but glad to. technology industry and I think it is time to MTC–00031601 Another part of the settlement involves a let the industry get back to business. For over 01–21–02 12:47 B OF H TRUST DEPT great deal of information sharing, with three years government has bogged down ID=7176334439 P.01 Microsoft practically giving away their Microsoft with lawsuits. It is time to put this STERLING FINANCIAL TRUST COMPANY coding and interface technology. If that isn’t issue to rest. 25 Carlisle Street beyond fair, I don’t know what else their During the period that the government has Hanover, PA 17331–9934 competitors could possibly expect. been trying to break Microsoft up the (717) 637–2201 I ask that you please do your part in industry has had some tough times. Most FAX (717) 633–4439 upholding the current settlement. I’m sure stock is down, many companies have gone Sterling Financial Trust Company is an that most Congressional offices run with out of business, and the industry leader has affiliate of Sterling Financial Corporation, Microsoft products and would be highly had to deal with a hostile government. partnering with Sterling’s bank subsidiaries: upset if they had to change. This issue spans Microsoft has given a lot of ground to get Bank of the entire country, Republicans and this over with. They are willing to share Lancaster County, N.A., Sank of Lebanon Democrats alike. If politicians could agree to some of their trade secrets to competitors; County, Bank of Hanover & Trust Company settle this issue, our economy and IT give up their leverage over computer makers and First National Bank of North East. industry could move forward. by adopting uniform prices; and submit to PRIVILEGED AND CONFIDENTIAL Sincerely, the oversight of an independent technical INFORMATION INTENDED ONLY FOR THE Rose Diehl committee. They have agreed to terms that USE OF THE ADDRESSEE(S) NAMED cc: Senator Rick Santorum extend well beyond the products and BELOW. IF THE READER OF THIS MTC–00031602 procedures that were actually at issue in the MESSAGE IS NOT THE INTENDED suit. RECIPIENT OR THE EMPLOYEE OR AGENT JAN-21–02 MON 01:50 PM FAX : PAGE 1 The settlement is fair and should be RESPONSIBLE FOR DELIVERING THE 234 Burns Crossing Road accepted by the government. I hope you use MESSAGE TO THE INTENDED Severn, MD 21144 your authority and influence to help that RECIPIENT(S), PLEASE NOTE THAT ANY January 19, 2002 happen. DISSEMINATION, DISTRIBUTlON OR Attorney General John Ashcroft Sincerely, COPYING OF THIS COMMUNICATION IS US Department of Justice John Held STRICTLY PROHIBITED. ANYONE WHO 950 Pennsylvania Avenue, NW RECEIVED THiS COMMUNICATION IN Washington, DC 20530 MTC–00031604 ERROR SHOULD NOTIFY US Dear Mr. Ashcroft: 01/21/2002 12:16 Fax 7704281772 IMMEDIATELY BY TELEPHONE AND As part of the open 60-day comment SkillCheck Inc. 001 RETURN THE ORIGINAL MESSAGE TO US period, I would like to share my thoughts on Gerry Weinberg AT THE ADDRESS LISTED ABOVE. the Microsoft Anti Trust case. This bogus 3861 Wyntuck Court FAX COVER SHEET lawsuit has been a terrible waste of tax Kennesaw, GA 30152 To: Atty General John Ashcroft dollars and government resources. I do Attorney General John Ashcroft To Fax Number: Telephone Number: believe there are other more pressing matters US Department of Justice 1–202–307–1454 on which our government should be 950 Pennsylvania Avenue, NW From: Rose Diehl concentrating. The proposed settlement is a Washington, DC 20530 From Fax Number: Telephone Number: more than reasonable end to this lawsuit and Dear Mr. Ashcroft, (717) 633–4439 (717) 637–2201 I hope that our Justice Department will make I write to you today to express my support Number of Pages (including cover sheet): the right decision for our entire country. of the settlement reached between the Date: 1–21–02 Time: Microsoft is responsible for making the Department of Justice and Microsoft. 0l-21–02 12:47 B OF H TRUST DEPT technology industry what it is today. Their Although I believe the merits of the case ID=7176334439 P.02 exceptional products have changed the way against Microsoft are questionable, I believe 471 Valley View Drive people do business and how everyday people that the resolution of this case bodes well for Hanover, Pennsylvania 17331 communicate with one another. This the technology industry.
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Developers, consumers, and manufacturers terms in the settlement that were not at issue I am pleased that an end seems to be in will all see the benefits of this settlement. in the lawsuit. The agreed terms require sight; I urge you to continue supporting this Developers will now be able to design changes in Microsoft’s product design, settlement so that we can finally stop this competing software that is easily licensing and distribution practices that will debacle. Do not allow America to ring in interchangeable within the Windows system. allow more open competition. another year with this heinous litigation Consumers can now redesign Windows to For the good of Microsoft and the entire hanging over our heads. Thank you for you suit their tastes. Similarly, manufactures will technology industry, I support the terms of time in this case, and for your diligent be freed of contractual restrictions placed the settlement in the Microsoft antitrust case. consideration of my position. upon them by Microsoft. Sincerely, Sincerely, To sum, the enactment of the settlement Phyllis Robillard Robert Hardman has enormous benefits. Enact the settlement cc: Senator Strom Thurmond at the end of January. MTC–00031607 Sincerely, 01/21/42 TUE 0 8 : 4 5 FAX 3 6 0 2 9 9 3 MTC–00031609 Gerry Weinberg 0 5 0 W ROBILLARD 001 JAN-21–02 08:33AM FARMERSINS 5205 Sterling Drive 6239724634 P.01 MTC–00031605 Anacortes, WA 98221 18017 N 63RD Drive Joann Tyson January 18, 2002 Glendale, AZ 85308 1701 Palmer Avenue Attorney General John Ashcroft January 19, 2002 WinterPark FL 32789–27.54 US Department of Justice Attorney General John Ashcroft January 21, 2002 950 Pennsylvania Avenue, NW US Department of Justice John Ashcroft Washington, DC 20530–0001 950 Pennsylvania Avenue, NW US Department of Justice Dear Mr. Ashcroft: Washington, DC 20530 950 Pennsylvania Avenue, NW I am writing today to encourage the Dear Mr. Ashcroft: Washington, DC 20530–0001 Department of Justice to accept the Microsoft The reason for this letter is to ask that you Dear Mr. Ashcroft: antitrust settlement. This case has lingered continue to back the settlement that was I am writing to give my support to the for over three years. It is time to put it to rest. reached between you and Microsoft in the settlement that was reached between Accepting the agreed terms of the settlement antitrust case. Microsoft and the Justice Department. The is the best possible solution for the entire This revolutionary settlement will change provisions that were set forth in the technology industry. In an effort to end the the IT industry in many positive ways. The settlement are both fair and reasonable for all legislation and get on with innovation, settlement will end any contractual parties involved. It would be an imprudent Microsoft has agreed to terms in the restriction by Microsoft that may have decision by the government to reject the settlement that were not at issue in the limited distribution by a third party of other settlement and pursue this case still further lawsuit- The agreed terms require changes in companies’’ software. in court. Microsoft’s product design, licensing and Also the settlement wiIl require that Under the settlement, Microsoft will be distribution practices that will allow more Microsoft share code, including internal making a number of specific changes to its open competition. interfaces and the secrets of how their products and business practices. For For the good of Microsoft and the entire operating systems work so the competitors instance, Microsoft has agreed to license its technology industry, I support the terms of will be able to manufacture better products. Windows operating system products to the the settlement in the Microsoft antitrust case. The settlement also has value because it 20 largest computer makers on identical Sincerely, will finally bring a close to the federal case. terms and conditions, including price. Phyllis Robillard This case has drained both Microsoft and the Furthermore, Microsoft has agreed to DOJ of valuable time and resources. Please do reveal internal information about Windows MTC–00031608 not vacillate in your support of this to the competition. This is a first in an 01/20/2002 22:35 8438563536 ROBERT S settlement. antitrust settlement. HARDMAN PAGE 01 Sincerely, There are many more concessions that hurt Robert Hardman Bill Chambless Microsoft and help its rivals I am not sure 542 Marshgrass Boulevard what more the critics could want. Please Mount Pleasant, SC 29464 MTC–00031610 support the settlement. January 17, 2002 JAN. -21’’ 02 (MON) 10:17 GRASSI & Sincerely, Attorney General John Ashcroft, Department COMPANY TEL: 1 212 725 5785 P.01 Joann Tyson of Justice 66 Cannon Boulevard 407–644–9916 950 Pennsylvania Avenue, NW Staten Island, NY 10306–2812 cc: Representative Ric Keller Washington, DC 20530 (718) 351–3024 JAN-21–2002 11:48 PM J. TYSON Dear Mr. Ashcroft, January 15, 2002 4076449189 P.01 I am in support of the settlement that was Attorney General John Ashcroft reached between Microsoft and the United States Department of Justice MTC–00031606 Department of Justice in early November. It 950 Pennsylvania Avenue, NW 01/21/42 TUE 08:47 FAX 3602993050 W is my opinion that the best interests of all Washington, DC 20530–0001 ROBILLARD 001 American’s would be well served by a swift Dear Attorney General Ashcroft: 5205 Sterling Drive and fair conclusion to this suit. After three I am a web designer and, hence, very Anacortes, WA 98221 long years of litigation, my hope for a swift familiar with the technology market. January 18, 2002 end is long dead; however, this settlement I watched with interest the antitrust case Attorney General John Ashcroft will at least end this suit fairly. brought against Microsoft several years ago. US Department of Justice While Microsoft has had to make some My own personal opinion is that it was 950 Pennsylvania Avenue, NW rather harsh concessions with this unwarranted. Bill Gates is aggressive. But Washington, DC 20530–0001 settlement, such as regulating their licensing business is aggressive. Competition in the Dear Mr. Ashcroft: agreements with computer makers, they have market place is fierce. Furthermore, people I am writing today to encourage the agreed to its terms. Microsoft realizes it is buy what they want. Microsoft put out a Department of Justice to accept the Microsoft better for them to make concessions and kick- quality product. Bill Gates was the first to antitrust settlement. This case has lingered start an economic recovery than be fully standardize software programs, allowing the for over three years. It is time to put it to rest. vindicated after a few more years in court. technology revolution to reach into every Accepting the agreed terms of the settlement The fact remains that our economy is home. If another firm had done it, we would is the best possible solution for the entire floundering, and Microsoft is one of not be talking about Microsoft, but that technology industry. America’s largest employers: to continue this particular company. However, a settlement In an effort to end the legislation and get suit would be a very imprudent decision, was reached, which I was happy for. It is on with innovation, Microsoft has agreed to especially at this time. time to quit wasting both time and money,
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Microsoft has been chastened, agreeing to innovative. Microsoft has agreed to more government should limit their involvement terms well beyond what was actually at issue concessions than were named in the lawsuit in businesses, as it is the people who have in the original suit. in an effort to get out of the court room and the choice, as consumers, as to who they Microsoft has agreed to share any code or get back to creating new products. want to support. programming that Window uses to Information sharing, non-retaliation The strength and success of any company communicate with other programs. Microsoft agreements, and government oversight is is held in the hands of its customers. Our free will help companies better achieve a greater enough. Microsoft has created products that market economy allows companies to degree of reliability with regard to their we need and use. Their products sell well prosper by competing for customer loyalty. networking software; Microsoft agreed to a and that high sales volume has kept prices Microsoft has proven time and again with its technical committee to monitor future down for the consumer. I think the products and services that it has a far- compliance. I think Microsoft has done more government should finalize the lawsuit and reaching customer base. The choice to buy or than its share of complying with demands that no further action should be taken against not to buy is with the people. Too much from the Justice Department. Microsoft Corporation. Let them get back to government intervention should be avoided, I urge you to give your approval to this work creating new products. and this settlement has already taken over particular agreement. Thank you. Sincerely, three years! SincereIy, Gretchen Jack Additionally, I believe that proceeding Fred Lee cc: Senator Rick Santorum with this settlement is in the best interest of MTC–00031611 MTC–00031613 business, the economy, and customers. By holding up the settlement any further, the TO : PHONE N0. : 12023071454 JAN. 2 1. 01/20/2002 16:20 12068422370 SEACRAFT American economy does not have the chance 2002 9:44AM P 1 PAGE 01 to work its way out of the current recession. FROM : MARILYN GRANT PHONE NO. : 603 10820 Madison Avenue Northeast The settlement was arrived at after extensive 4270371 Bainbridge Island, Washington 98110 negotiations with a court-appointed Marilyn E. Stump January 11, 2002 mediator, and the Company has agreed to P.O.BOX 1591 Conwey, NH03818– Attorney General John Ashcroft terms that extend well beyond the products 1591(603)447–3607 US Department of Justice and procedures that were actually at issue in Attorney General John Ashcroft 950 Pennsylvania Avenue, NW the suit. The American people think it is time US Department of Justice, 950 Pennsylvania Washington DC 20530 to move on. Avenue, NW Dear Mr. Ashcroft: Keeping Microsoft tied up in court is a bad Washington, DC 20530–0001 January 11, It is an unfortunate that Microsoft was move for everyone involved. Please make this 2002 brought into court more than three years ago issue the highest priority and let the Dear Mr. Ashcroft: in the antitrust case. I certainly feel that this government settlement stand. I am thankful I am writing to you today to express my case should have never gone to trial. that I live in a country where my voice and support for the settlement that was recently Microsoft has created innovative products reached between the Department of Justice that have made computers easier to use for my opinion is important in discerning what and Microsoft Corporation. The settlement more than twenty years. They should not be is right for the greater good of the people. reached last November should be enacted punished for being successful. Sincerely, with great haste. Enacting this settlement will The reason I am contacting you is because Jeff Ray begin the process of economic rebuilding of I want you to support the settlement that was MTC–00031615 the technology industry. The settlement, offered in this case. The settlement is on the JAN-21–02 11:25 PM 6196970912 P.0l then, is in the best interests of Microsoft, the whole fair and balanced, and most City of La Mesa IT industry, and the economy in general. The importantly it will finally bring this case at BARRY JANTZ settlement releases contractual restrictions to the federal level to a close. Both the Plaintiff Councilmember software developers. Developers that might and Defendant have spent enormous amounts Renata Hesse, Trial Attorney have been contractually obliged to work with of money and time on this case. Further Microsoft only will now be able to work with expenditures will simply be additional waste Antitrust Division, Department of Justice competitors as well. This guarantees that no on both sides. Both sides should settle as 601 D Street NW, Ste. 1200 third party will be obligated to distribute soon as is legally possible. The Justice Washington, DC 20530 Windows’’ technology exclusively or at a Department must realize that Microsoft has VIA FACSIMILE fixed percentage. These stipulations come at millions of supporters. While not as loud and (202) 6 16–9937 a great cost for Microsoft. While I believe cantankerous as anti-Microsoft interests, we Dear Ms. Hesse: antitrust litigation was unnecessary in the do exist and want this case ended. Thank you The settlement in the case of U.S. v. first place, I hope that the settlement is for considering my views on this issue. Microsoft should be accepted and ratified as enacted quickly. Thank you for your time. Sincerely, quickly as possible. This letter is being Sincerely, Priscilla Greenless written not only to ask you to accept the Marilyn Stump Let’s keep a successful business successful settlement-but to do so as quickly as possible. competition is good for the country. Business The Microsoft case has been a significant MTC–00031612 should not be penalized for being successful. constraint on the national economy. I am JAN-20–2002 09:18 PM We need Mr. Gates and his innovative ideas. sure the courts have heard this argument NORTHERNEXTERIORS 585 6879 P. 01 Don’t kill the ‘‘fatted calf’’! We need him! articulated by many an academic versed in Gretchen Jack the economy. But, the argument is much 108 Woodlawn Avenue MTC–00031614 more than academic. Small business is Clarks Summit, Pennsylvania 18411 01/20/2002 18:44 3367780617 JEFF RAY feeling this case in a very real way. January 17, 2002 PAGE 01 It is my understanding that the settlement Attorney General John Ashcroft 3735 Squirewood Drive in this case will become law as soon as the US Department of Justice Clemmons, NC 27012 courts accept it. The sooner you can ratify the 950 Pennsylvania Avenue, NW January 17, 2002 settlement, the better. Business affected by Washington, DC 20530 Attorney General John Ashcroft the case will see positive change right away, Dear Mr. Ashcroft: US Department of Justice, 950 Pennsylvania as opposed to the next fiscal year or some I am absolutely opposed to the suit against Avenue, NW ‘‘business related time period’’. The courts Microsoft. I own stock in many technology Washington, DC 20530–0001 should accept the settlement and work to companies including Microsoft and I feel the Dear Mr. Ashcroft: expeditiously set the wheels in motion for it opposition to Microsoft is often no more than I am writing to let you know that I am in to be executed. Doing this will allow sour grapes. The competing companies are favor of the Microsoft settlement. My opinion business to move forward again. just mad that Microsoft has won out. The fact is Microsoft is not a monopoly, and does its Sincerely, is that Microsoft has been continuously best to serve its customers. Furthermore, the Barry Jantz
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MTC–00031616 Virtually every business in Wake Forest MTC–00031619 FROM : FAX NO.: Jul. 20 2001 05:50am P1 uses Microsoft in some form or fashion. In Sent By: The Ayn Rand Institute; 310 306 HARNETT COUNTY REPUBLICAN PARTY fact, even business owners who work out of 4925; Jan-21–02 6:06PM; Page 1 P.O.Box 1562 their homes rely on these products for their Via Fax # (202) 616–9937 BUIES CREEK,NC 27506 work. I admire the creative ingenuity of our To: Ms. Renatta Hesse, Antitrust Division, RENATA HESSE town’s business leaders. They create many U.S. Department of Justice TRIAL ATTORNEY jobs for our citizens, However, in order to From Dr. Yaron Brook, executive director, the ANTITRUST DIVISION jump start our economy, we need products Ayn Rand Institute; DEPARTMENT OF JUSTICE that are even more user friendly and efficient Dr. Onkar Ghate, resident fellow, the Ayn 601 D STREET NW, SUITE 1200 from Microsoft and their competitors. Rand Institute WASHINGTON, DC 20530 Because of this, I request that Judge Kollar- Date: January 21, 2002 DEAR MS. HESSE, Kotelly approve the settlement. Recessions Re: Microsoft Antitrust Case AS THE CHAIRMAN OF THE HARNETT are tough. We need businesses moving full- The Federal Justice Department should COUNTY REPUBLICAN PARTY AM VERY speed ahead to turn the corner for the drop the antitrust case against Microsoft. If at AWARE OF THE CHALLENGES American people. this stage in the proceedings it is impossible GOVERNMENT FACES IN TRYING DEAL Thanks for hearing my concerns to drop the case, the Justice Department EFFECTIVELY WITH AMERICAN Sincerely, should settle the case on as favorable termS BUSINESSES. ONE CAUSE OF HiGHER Rob Bridges to Microsoft as legally permissible. (If TAXES is THAT TAXPAYERS ARE OFTEN Tow Commissioner possible, the Justice Department should RESPONSIBLE FOR FUNDING 401 Owen Avenue -Wake Forest, NC 27587 create a legal settlement more favorable to GOVERNMENT LAWSUITS. Microsoft than the one Microsoft agreed to in AS YOU CAN TELL, I AM OPPOSED TO MTC–00031618 November of 2001.) HIGHER TAXES AND BELIEVE THAT THE FROM : FAX NO. : Jul. 20 2001 05:39AM P1 To understand why one needs to GOVERNMENT SHOULD REDUCE TAXES Mark Jones understand two points, one general and one AND SPENDING WHENEVER POSSIBLE. President particular. First, antitrust laws are non- THAT IS WHY I WAS PLEASED TO LEARN NC Federation of Republican Assembiles objective and unjust. Second, Microsoft is THAT THE FEDERAL GOVERNMENT’S January 8, 2002 guilty of no actual crime. Let us begin with CASE AGAINST MICROSOFT HAD COME Renata Hesse the first point. TO A SETTLEMENT AGREEMENT IN THE Trial Attorney The ‘‘actions’’ that anti-trust laws prohibit COURT OF JuDGE KOLLAR-KOTELLY. THIS Antitrust Division are vague, contradictory, undefined. For FEDERAL CASE HAS ALREADY COST THE Department of Justice instance, antitrust Laws prohibit companies TAXPAYERS OF THIS NATION UPWARDS 601 D Street NW, St 1200 from engaging in ‘‘restraint of trade.’’ But OF $30 MILLION. THAT’S A LOT OF Washington, DC 20530 what specific actions constitute ‘‘restraint of MONEY! Dear Ms. Hesse, trade’’? If, as is done repeatedly in the I AM PLEASED THAT NORTH CAROLINA I would like to endorse the settlement business world, a company signs an IS ONE STATE THAT DECIDED TO SETTLE; between the federal governement and exclusive distribution agreement with THUS, NO FURTHER STATE FUNDS WILL Microsoft because the quicker this issue is another company, is that ‘‘restraint of trade’’ BE EXPENDED FOR THAT PURPOSE. I resolved because I believe it is the fastest way because now other potential competitors are WOULD LIKE TO SEE THAT RESULT excluded from that area of the market? Or if for the federal government to end its REPLlCATED IN AT THE FEDERAL LEVEL a company sells a computer to individual X, involvement with this case. As leader of a AS WELL. THAT IS WHY I AM URGING is that ‘‘restraint of trade’’ because competing group of conservative Republicans in North THAT THE JUDGE APPROVE THE computer companies can no longer sell X a Carolina, we believe that citizens-and SETTLEMENT IN THIS CASE. A computer since he has need for only one? No- particularly their businesses-are best served SETTLEMENT IS IN EVERYONE’S the CourtS have declared to businessmen- with the government as little involved as INTEREST. only those ‘‘restraints’’ that are SINCERELY, possible. I am also happy to see that the state ‘‘unreasonable’’ are illegal. But which JASON T. LEMONS of North Carolina has decided to withdraw specific ‘‘restraints’’ are ‘‘unreasonable’’? No its lawsuit against Microsoft. definition is to be found in the law. So no MTC–00031617 For the last several years, I have served on company can know before it acts which FROM : FAX NO. : Jul. 20 2001 05:44AM P1 the Board of Education in Davis County, actions are in law legal and which are not. Wake Forest Town Commission North Carolina. During that time, I have Consider another example. The antitrust Renata Hesse gotten a close view of the workings of state laws prohibit ‘‘unfair’’ trade practices. But Trial Attorney and local government plus some activity by again, what counts as an ‘‘unfair’’ practice? Antitrust Division the courts. This service has only Is it any business practice that, for instance, Department of Justice strengthened my conviction that schools as causes bankruptcies among some of a firm’s 601 D Street NW, Suite 1200 well as companies do better without competitors, because they cannot find a way Washington, DC 20530 government intervention. It is better for to compete with the firm’s low prices and/ Dear Ms. Hesse: students when control and discipline in the or superior products? Or is it any practice I am a local businessman and an elected classroom is a responsibility of the teacher that the administration in power disapproves official in my hometown. I have been working with the principal. In much the of! Again, no answer is to be found in the concerned about the impact of national same way, I feel that companies such as law, so it is impossible for a company to issues on my local community throughout Microsoft do best when left alone by either determine beforehand which specific actions my life, The current recession is no the state or federal government and when the law prohibits. exception. The unemployment rate is their manager and stockholders are allowed Take one last example. Under antitrust skyrocketing in towns across America, to call the shots. That is why I endorse the laws, a company can be charged with consumer spending is down, and Congress settlement as a way to return to that situation ‘‘predatory pricing’’ if it sets prices below can’t decide what stimulus the economy quicker. those of its competitors, because the needs. I understand that in a settlement that both competitors might as a result go bankrupt. It In Wake Forest, I see the effects of this sides will get something and also give up can be charged with ‘‘monopoly pricing’’ if national trend. I believe that the government something, and that is as it should be. I hope it sets prices that are deemed too high, needs to take certain steps to free up that Judge Kollar-Kotelly will agree and sign because then it is supposedly bilking businesses to grow the economy and end the this settlement. consumers of their hard-earned income. But stagnation of the past year. Finalizing the Sincerely, if it therefore decides to set prices at the level settlement between Microsoft and the federal Mark Jones of those of its competitors—it can be charged government would be a giant step in the tight 130 Bear Creek Church Rd. Mocksville with ‘collusion’’ or ‘‘conspiracy’’ because direction. 27028 now it is said to be no longer ‘‘competing.’’
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In the nightmarish world of antitrust law, concede this point.) The fact that Microsoft offers sub-par service but because of any and no action can be pronounced illegal. is one of the greatest competitors the government coercion faces no competition. There are and can be no definite, objective business world has seen is, in a free nation, Microsoft’s dominant position, by contrast, is principles specified in the law-and as a result not a crime but a virtue. earned: it faces constant competition, which a businessman has no way to determine, The only ‘‘unfair competition’’ that exists it continues to win. Again, do not equate the before he acts, whether his action is legal or is in fact not competition. if, say, the mafia voluntary with the coerced. not. In practice, this means that businessmen threatens to blow up a shopkeeper’s store Microsoft is the epitome of American are at the mercy of the government. Any unless he gives it a percentage of his sales, business success: it produces enormous moment the government wants to cripple a the mafia is not engaged in competition, wealth through intelligence and hard work. particular company, it can unleash the albeit unfair. They are engaged in coercion- Imagine the wealth that would exist-for every antitrust laws against the The Ayn Rand precisely to prevent voluntary trade and the firm, for every employee, for every Institute * The Center for The Advancement free market from operating. When Netscape shareholder, for every customer-if all of Objectivism 4640 Admiralty Way, Suite loses sales to Microsoft because Microsoft’s companies in America were run by a Bill 404 * Marina Ddel Ray, CA 90292–6617 * browser is better and/or cheaper, Netscape’s Gates. The fact that they are not should not U.S.A. voice 310–306–9232 * fax: 310–306– loss of sales bears no similarity to a lead us to destroy Bill Gate’s creation but, all 4925 * e-mail: [email protected] shopkeeper’s ‘‘loss’’ of sales to the mafia. One the more, to admire and champion it. Sent By: The Ayn Rand Institute; 310 306 must never equate the voluntary with the Why should the Justice Department drop 4925; Jan-21–02 6:06PM; Page 2/3 company. coerced. its case against Microsoft (or settle it with as In logic, a business has no possible defense Secondly, Microsoft is accused of small a penalty as possible)? Because against a charge of ‘‘restrain of trade’’ or ‘‘predatory pricing.’’ Translated into reality, antitrust laws are arbitrary laws that penalize ‘‘unfair’’ trade policies or ‘‘predatory pricing’’ this means that Microsoft is able to charge virtue for being virtue-as the specific because the charge itself has no objective prices below those of its competitors, such as accusations against Microsoft clearly reveal. meaning. The antitrust, laws, therefore, vest Netscape. Some of these competitors, who Sincerely, the government with arbitrary power. cannot match Microsoft’s low prices, lose Yaron Brook, Ph.D. The result, unsurprisingly, is that when, market share or go bankrupt. But it is Onkar Ghate, Ph.D. say, a bureaucrat is disgruntled with a Microsoft’s incredible efficiency and President and Executive Director successful company because it has failed to productiveness that allows it to undersell its Resident Fellow share (i.e., give away) its wealth or support competition yet still make large profits. The Ayn Rand Institute the government’s particular programs—or Again, this represents not criminal behavior The Ayn Rand Institute when a government thinks that destroying a but real virtue. powerful company will win it votes with I MTC–00031620 misguided citizens who believe that Big Sent By: The Ayn Rand Institute; 310 306 Erick Andrews Business is their enemy-or when resentful, 4925; Jan-21–02 6:07PM; Page 3/3 Consultant envious competitors (like Netscape and Finally, Microsoft is accused of wielding 508–481–6627 Oracle and AOL, in the Microsoft case) can ‘‘monopoly power.’’ This accusation as well FAX persuade their government representatives to is based on equating the voluntary with the Atty Renata Hesse cripple a superior competitor- the brunt of coerced. DOJ, Washington, DC the antitrust laws descend upon that It is true that Microsoft has a dominant 2 company. market position in some segments of the 21-Jan-02 20:05 It is no accident that it is America’s most software industry and that some of its ATTENTION: Renata Hesse, Trial Attorney successful, most productive, most admired competitors have gone out of business. But RE: Microsoft Case companies-Microsoft, IBM, lntel, Wal-Mart, this is because Microsoft has out-competed 19 South Street American Airlines, Standard Oil, etc.-that are them; it is more innovative, more efficient, a Marlborough, MA 01752 subjected to antitrust lawsuits. better marketer, and/or a better employer January 21, 2002 As a form of granting arbitrary power to the than other software firms. Microsoft, in other Renata Hess, Trial Attorney government, antitrust laws are words, has earned its dominant position. Antitrust Division unconstitutional and un-American. As a And it continues to earn it: it faces Department of Justice means of penalizing the successful for being constant competition, even if there are no 601D Street, Suite 1200 successful, antitrust laws are a perversion of actual competitors presently in its market. Washington, DC 20530 justice. For whenever another entrepreneur can RE: Microsoft Settlement Let us therefore now leave to one side figure out a way to produce similar software Dear Attorney Hess: antitrust law, under which any action of a at a cheaper price or better software at an Please make my following comments company could be considered a crime, and attractive price (or some undreamt of product known to Judge Kollar-Kotelly of the cur- ask whether in actual fact Microsoft is guilty that makes current software obsolete), he is rent proposal to settle the Microsoft case. of any crime. free to enter Microsoft’s market. And if he The settlement stipulated in the Proposed What are the principal accusations against has a sound business plan, he will be able Final Judgement by the U.S. Department of Microsoft? to raise the necessary capital even if he has Justice is a travesty, a transparent sham—a Microsoft is accused of ‘‘unfair’’ none: there are thousands of venture sellout to Microsoft. This proposal offers no competition. But competition refers to the capitalists looking for the next Bill Gates. relief to foster competition and provide fair process by which companies utilize their Microsoft’s dominant position in the software consumer choice of basic Operating System assets and personnel to build better and/or industry, in other words, must be earned software for PC platforms beyond Microsoft’s. cheaper products. They thereby seek to earn, anew each day. So once again, Microsoft is If allowed to stand, this settlement will do through voluntary trade, even greater profits. being attacked for its success: in reality it has great harm to the computer industry, harm to In a free market, there is no such thing as no monopoly power just brilliant people who work in this industry on ‘‘unfair’’ competition. There are only better management. products other than Microsoft’s, likely harm and worse competitors. In other words, some The only monopolies that can in fact exist to openness of the Internet, and continued companies are better than others at research are government-created ones. Only a harm to users who want choice rather than and development, at structuring long-term, government can prevent someone from have an aggressive monopolist dictate to mutually-beneficial business agreements, at entering a market and thus eliminate them. As the proposed settlement currently marketing products, at keeping good competition. The Post Office, for instance, is stands it will not accomplish the remedial employees happy yet challenged. Microsoft, a monopoly. There is little doubt that Federal goals set by the U.S. Court of Appeals. You for example, excels at all these processes-and Express could provide better service, more must agree that these were: many more. (The charge that Microsoft is not cheaply, and still earn A profit. But the (1) to prohibit Microsoft’s illegal conduct innovative is particularly disingenuous given government forcibly prevents it from entering and similar conduct in the future, (2) to spark its continual upgrades and improvements to the Post Office’s market. The Post Office’s competition in this industry, and, (3) to its major products; even Judge Jackson had to dominant market position is unearned: it deprive Microsoft of its illegal gains.
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I urge you to impose stronger remedies on SUITE Unfortunately, this is not the case—the Microsoft that have teeth in them and will HOTEL government has breached its duty to the truly work. Dear Ms. Hesse: public by not addressing the complete Sincerely, This letter is being written in support of situation. Microsoft is a convicted Erick Andrews, Consultant the settlement in the case of US v. Microsoft. monopolist, found guilty of purposefully [28 years in computer engineering] As a civic activist and opinion leader in extending its monopoly through an abuse of California, I am writing this letter to let the their existing monopoly (CIS, Section III, A MTC–00031621 courts know that polling has shown a 2). The goal of the settlement should be to Jan 21 21 05:03p PISMO BEACH CHAMBER majority of Californians do not support the address the antitrust violation, as best 773–6772 P.1 continuation of this case. described in CIS, Section IV. EXPLANATION Pismo Beach One would think Californians have little OF THE PROPOSED FINAL JUDGMENT Chamber of Commerce tolerance for Microsoft. With Attorney (PFJ)3, B. Prohibited Conduct and January 15, 2002 General Lockyer and newspapers like the San Anticipated Effects of the Proposed Final Renata Hesse Jose Mercury News (among the harshest of Judgment: Trial Attorney, Microsoft’s critics), the appearance of Appropriate injunctive relief in an antitrust Antitrust Division Californians as anti-Microsoft is strong. But case should: (1) end the unlawful conduct; Department of Justice recent polling proves that is not the case. A (2) ‘‘avoid a recurrence of the violation’’ and 601 ‘‘D’’ Street NW, Suite 1200 poll done in August of 2001 found that sixty- others like it; and (3) undo its Washington, DC 20530 five percent of Californians believe the case anticompetitive consequences. Dear Ms. Hesse: against Microsoft should be settled or The main two factors to be considered are We are writing to support the settlement of dropped altogether. This same poll found the prevention (points 1 and 2) and punishment the antitrust lawsuit against Microsoft. While vast majority of Californians (85%) in no way (point 3). Punishment is designed to attempt our Chamber believes that many of the support breaking Microsoft up. to remedy the past actions, and prevention is allegations could be true, it is time to shift CHASE supposed to prevent further abuses, now and our focus our tax dollars to other priorities. SUITE HOTEL in the future. The proposed settlement There is no shortage of things on which we by Woodfin neither punishes Microsoft nor offers enough should be using our resources. Attorney General Lockyer does not hope of preventing further abuses. I hope you The settlement has a little bit of something represent the interests of most Californians. see fit to alter the terms to suitably protect in it for everybody while maintaining its We do not support the continuation of this the public and punish Microsoft for their overall balance. It is a compromise that case and hope the courts will accept the repeated, flagrant abuses. enforces guidelines on Microsoft for the settlement. http://www.mpsce.com/dojletter.html page future and penalties for past actions. Very truly yours, 1 of 6 However, it allows the freedom for Microsoft Samuel A. Hardage The proposed settlement contains to continue being the successful company it Chairman oversight into Microsoft’s business practices, has become over the years and throughout 12730 High Bluff Drive, Suite 250 * San but insufficiently allows for quick resolution the world. It is time to put this to rest. It is Diego, California 92130 when they breach the imposed restrictions. also time to focus on more important issues, 858–794–2338 * FAX 858–794–2348 * The CIS, describing the Section IV of the PFJ, of which there are many. Thank you for your www.woodfinsuitehotels.com states: time. Reservations 800-WOODFIN Enforcement by the United States or Simcerely, plaintiff States may include any legal actions MTC–00031623 Charles Anderson or proceedings that may be appropriate to a Chief Executive Officer fax 415–727–3871 particular situation, including petitions in 581 Dolliver Street * Pismo Beach, Matthew P. Smyth criminal or civil contempt, petitions for California 93449 Fax injunctive relief to halt or prevent violations, Phone (805) 773–4382—FAX (805) 773– To: Renata Hesse motions for declaratory judgment to clarify or 6772 * email: [email protected] * From: Matthew Smyth interpret particular provisions, and motions www.pismochamber.com Fax: 202–616–9937 or 202–307–1454 Pages: to modify the Final Judgment. 7( including cover) In other words, if Microsoft breaches part MTC–00031622 Phone: of the PFJ then they can be hauled back into Sent by: WOODFIN SUITE HOTELS 858 794 Date: 01/21/02 court. That is already an option, and is how 2348; 01/21/02 4:20PM;Jetfax#127;Page Re: Microsoft Settlement we got to this stage—and how we had this I/2 *Commemts: case drag on for years. It does not provide WOODFIN SUITE HOTELS Please find my letter attached, and contact enough quick response to the breach since 12730 High Bluff Drive, Suite 250 me if you do not clearly receive all six Microsoft will continue to protest their San Diego, CA 92130 pages that follow. innocence for years if necessary. Phone: (858) 794–2338 Thank you, Instead, I would propose that Microsoft’s Fax: (858) 794–2348 Matthew [email protected] new overseers, the Technical Committee FACSIMILE COVER SHEET January 17, 2002 (TC), be given the power to inflict financial DATE: January 21, 2002 Renata Hesse penalties when a breach of the agreement is TO: Renata Hesse, Trial Attorney Trial Attorney committed. Fines would be directed to some Antitrust Division, Department of Justice Antitrust Division counterbalancing force—for example, used to FAX#: 202–616–9937 U.S. Department of Justice purchase equipment from competitors such FROM: Samuel A. Hardage 601 D Street, NW, Suite 1200 as Apple for schools, given to organizations Chairman Washington, DC 20530 such as the Electronic Frontier Foundation, Number of Pages (Including Cover Sheet): 2 Facsimile: (202)616–9937 or (202) 307–1454 the Center for Democracy in Technology, or Sent by: WOODFIN SUITE HOTELS 858 794 email: [email protected] the Free Software Foundation for work 2348; 01/21/02 4:21PM;Jetfax#127;Page I am writing to oppose the 2001 Microsoft against monopolistic practices, or apply the 2/2 Proposed Settlement, addressing Microsoft’s money to a foundation that funds developing WOODFIN SUITE HOTELS monopoly abuse’’, and to ask you to modify applications for a competing operating January 21, 2002 it to better address the crime. As stated in the system such as Linux. Sent via facsimile—202–616–9937 COMPETITIVE IMPACT STATEMENT Each fine would be based on a Renata Hesse, Trial Attorney (CIS)2, in section VIII: methodology drawn out of the number of TC Antitrust Division, Department of Justice The court’s role in protecting the public members that agreed that a breach occurred 601 D Street NW, Ste. 1200 interest is one of insuring that the and their perceived severity of the breach. Washington, DC 20530 government has not breached its duty to the When a TC member decided a breach WOODFIN public in consenting to the decree, occurred, they could impose a fine of up to
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$1 million. Each of the other TC members imposed promptly following a remedies ‘reasonable’’ standards under (c) that will would then have the opportunity to modify hearing.’’ The decision to craft a settlement still exclude some Linux and Free Software the fine with a multiplier—from 10 times to based on things Microsoft was willing to developers. Allowing Microsoft to create the l/1Oth the original fine. Thus, with all three accede to immediately points out the great standards and judge ‘‘reasonable business TC members agreeing that a massive, hole in the DOJ argument—if Microsoft need’’ is allowing the fox to guard the hen international breach had happened the fine approves of a settlement, it is too light a house. One major drawback of the could be up to $100 million with both using penalty. documentation release as described in the the maximum 10 times multiple, and if two There are a number of holes in the PFJ is the method of dissemination. of the TC members thought the third had no settlement that Microsoft can—and given Numerous times, the MSDN [network] or its basis for the fine and used the minimum 1/ their history, will—manipulate. Microsoft is future equivalent are described as the l0th multiple, the fine could be reduced to not restricted from pestering users to reset optimal way to share the information. $lO,OOO—pocket change for Microsoft. their computers to the ‘‘(Microsoft) Windows However, accessing MSDN documentation Multiple breaches could be met with Default’’ settings from any changes that an currently requires a Microsoft Passport—in multiple fines. OEM makes, such as the description of the other words, identifying yourself to Microsoft This system of fines would force Microsoft Clean Desktop Wizard: Preservation of OEM and becoming part of their system. In other to take the TC members very seriously, and Configuration: Subsection III.H.3. prohibits words, Microsoft is able to monitor who has to make them deal with reducing the abuse Microsoft from designing its Windows access to the specifications. They will know in day-to-day dealings. In addition, Microsoft Operating System Products to automatically your name and contact information and be should be forced to publish a full page ad alter an OEM’s configuration choices—such able to monitor what the user is looking at, explaining each fine in four major as ‘‘sweeping’’ the unused icons the OEM has which may dissuade some developers from newspapers: the San Jose Mercury News, chosen to place on the Windows desktop— utilizing the documentation. if the Washington Post, New York Times, and Wall without first seeking confirmation from the information is truly to be available, it should Street Journal. This would make each fine user, and from attempting any such alteration be available without any prerequirements quite public, so Microsoft could not avoid the before at least 14 days after the consumer has such as a login and password, browsable negative publicity each time they broke the first booted his or her personal computer. from any area and posted for free agreement. Thus, for example, in Windows XP, the Clean examination. The proposed settlement also contains no Desktop Wizard cannot run at all until 14 http://www.mpsce.com/dojletter.html page punishment for Microsoft’s previous, days after the first boot. http:// 4 of 6 egregious, offenses. In order to ‘‘undo [the www.mpsce.com/dojletter.html page 3 of 6 JAN.21.2002 3:47PM THERMATEC NO.296 monopoly’s] anticompetitive consequences,’’ The danger to system management by the P.6/7 http://www.mpsce.com/dojletter.html page DOJ is that there are holes—there is no Another area ripe for abuse is the use of 2 of 6 restriction on how often the ‘‘sweep’’ request Reasonable and Non-Discriminatory (RAND) two items need to be addressed: the ill- is triggered (could be every 5 minutes or on terms for information release. RAND terms gotten gains and the barrier to entry in the each mouse click) or any requirement that may prevent individuals and ad- hoc operating system area. Handling the ill-gotten the user may force it to stop asking. Microsoft organizations from being able to utilize gains is the easy part—add on a fine that is can simply make a computer uninhabitable Microsoft interoperation. When described in distributed among the players described with repeated nagging without breaching any the CIS: above in paragraph 3 where fines are section of the agreement, even though it Section III.I, The overarching goal of this discussed. As for the amount of the fine, would breach the spirit of the agreement. Section is to ensure that Microsoft cannot use consider half to three-quarters of the Eliminating the Clean Desktop Wizard its intellectual property rights in such a way company’s current liquid reserves. Assuming entirely and all Microsoft-triggered that undermines the competitive value of its that many ill-gotten dollars have been ‘‘updates’’ or ‘tidying’’ processes would be disclosure obligations, while at the same time plowed into their business acquisitions and the only way to ensure that this allowance permitting Microsoft to take legitimate steps code development, the billions of such a fine could not be abused. to prevent unauthorized use of its intellectual might serve to chasten an arrogant company Another opportunity for abuse comes in property. without taking away their entire business. allowing Microsoft to define who can see The challenge is that individuals may not To reduce the barrier to entry in the their APIs and documentation. The be able to meet the requirements of the operating system, middleware, and office restrictions on the security releases in the PFJ licensing conditions. Setting a $10,000 fee for application markets, publishing the omits individuals who are not in business, a blanket license may seem reasonable for a Application Programming Interfaces (APIs) is ad-hoc organizations who wish to collaborate public corporation or even a small business a good first step. However, the other items without any formal grouping such as a Linux who is creating a product, but any individual necessary to create seamless replacements to compatibility team, and technology advocacy who is creating software in their spare time Microsoft middleware are not addressed. In groups who would wish to inspect the code would find that an onerous burden. Thus, order to address the leverage Microsoft has without developing any software, From the even ‘‘reasonable’’ restrictions would still developed in office applications through the CIS: prevent Microsoft’s greatest competitor, the use of their monopoly, the complete file Subsection III.J.2. permits Microsoft to take people working on Linux and its associated formats to their office documents should be certain limited steps to ensure that any projects, from mustering the license fees. included in the release of information. Since disclosure or licensing of APIs, The last area I will address is Microsoft’s the goal is to make sure that all systems can Documentation, or Communications prevention of the creation of alternatives to interoperate with Microsoft’s standards, the Protocols related to anti-piracy systems, anti- the Windows operating system. With file formats are a crucial barrier to entry that virus technologies, license enforcement sufficiently open APIs, a competitor could couId be removed with minimal pain. The mechanisms, authentication/authorization generate a program designed to replace unnecessary efforts to reverse-engineer the security, or third party intellectual property Windows but the licensing terms of many formats and the potential for error with such protection mechanisms it makes pursuant to Microsoft products would prevent the users guesswork could be avoided easily by this Proposed Final Judgment is to third from being able to utilize the Microsoft releasing the protocols. For a more complete parties that have a legitimate need for and do product without breaking the law, due to the examination, see the Boder commentary.4 not pose a significant risk of misusing that licensing restrictions. Also, nothing in the There is no provision in the PFJ for information, ... [specifically] (b) having a PFJ currently allows access to the APIs for creating any competition in the operating reasonable business need for the information someone building an emulator or alternative system arena to prevent future abuses. The for a planned or shipping product; (c) operating system. In this manner, Microsoft Justice Department (DOJ) has considered and meeting reasonable and objective standards can prevent their monopoly from being discarded a structural remedy—splitting the established ‘by Microsoft for the authenticity attacked while still abiding by the terms of company in two. They also say they have and viability of its business; the settlement. See the Kegel commentary for considered variations of licensing the source It is clear that some groups will be more details on such observations. code to Windows; but based their settlement eliminated under (b) who do not plan a In summary, the PFJ is drawn up with a on whether the restrictions ‘‘... would be business use, and that Microsoft can create very pro-Microsoft bias and with very little
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input from the people it pretends to protect— http://monwy.cnn.com/2001/12/12/ From: Milton & Judith Haner the public and the people trying to create an technology/microsoft/ and many others: Attention: John Ashcroft alternative to Windows. The goal of the http://www.google.com/ Date: 1–21–02 settlement is to punish the lawbreaker and search?q=microsoft+settlement Office Location: Wash DC reward the public with a more competitive 14 http://www.internetnews.com/bus- Office Location: field of choices, yet the exact reverse has news/article/0,,3—936241,00.html Fax Number 1 202 307 1454 happened. The loopholes and potential for http://www.mpsce.com/dojletter.html page Phone Number: 425–259–3022 ‘creative redefinition’’ would allow any tech 6 of 6 fax # Same to find methods to let Microsoft avoid the Urgent restrictions. This settlement has been MTC–00031624 Reply ASAP roundly condemned by industry watchers Jan-21–02 02:26P Nova Voice Data fax#2 P.01 Please comment such as Robert X. Cringley6, Dan Gillmor7, NOVA VOICE & DATA SYSTEMS INC. Please Review and NetAction8, consumer advocates such as Telcommunication Systems/Network xFor your Information Ralph Nader9 and the Attorney General for Services Divisions Total pages, including cover: Massachusetts’’’, and technology folk such as CA Lic. #592116 Comments : the Computer and Communications Industry novads.com JAN-20–2002 01:37 PM MILTON HANER Association’’ and the GNU Project12. It is Authorized Representatives 4252593022 P-02 also being slammed around the technology TOSHIBA Milton Haner water-coo1ers13, where I hear bitter Microsoft 1208 48th Street SE comments from all sides. Apparently, the January 16, 2002 Everett, WA 98203–2900 bitter feelings extend to others in the DOJ, Renata Hesse, Trial Attorney January 19, 2002 when Internet News14 found: The DOJ’s Antitrust Division, Department of Justice Attorney General Ashcroft settlement was brokered by Bush 601 D Street NW, Ste. 1200 US Department of Justice, administration appointee Assistant Attorney Washington, DC 20530 950 Pennsylvania Ave. General Charles A. James, head of the DOJ’s VIA FACSIMILE Washington, DC 20530–0001 antitrust division. But career officials at the (202) 616 -9937 We are writing today to encourage the Justice Department, who had pursued the Ms. Hesse, Department of Justice to accept the Microsoft case since the http://www.mpsce.com/ I have been active in civic issues and antitrust settlement. The suit dragged out dojletter.html various policy debates throughout my long enough and it is time to allow Microsoft JAN.21.2002 3:48PM THERMATEC NO. community for some time. When I learned and the industry to move forward. 296 P.7/7 beginning, displayed their apparent displeasure with the agreement by not that the courts were asking the public to The settlement was arrived at after signing it. comment on the Microsoft antitrust trial, I extensive negotiations with a court- The question becomes: who is happy about felt strongly about sending you this letter. I appointed mediator. The terms are fair. this proposed settlement? Not the public. have followed the antitrust trial from its start Microsoft actually agreed to terms that Not the pundits. Certainly not me. Aside almost four years ago. I have never supported extend will beyond the products and from Microsoft, it appears no one is. the government’s case against Microsoft. Now procedures that were at issue in the suit, Matthew P. Smyth that the courts have a chance to end this even going so far as to divulge some of its 3715 Highland Court waste of taxpayer money by accepting the software code to other companies that will Lafayette, CA 94549 settlement. I sincerely hope you will do so. use it against Microsoft. It is time that the [email protected] My reasons for not supporting the case government accepts the settlement and 1 Complanit: http://www.usdoj.gov/atr/ against Microsoft are simple-I support free allows Microsoft to return to concentrating cases/fl700/1763.htm enterprise. It is no mystery that the antitrust on business. 2 Competitive Impact Statement: http:// trial was started because Microsoft’s Microsoft has dealt with the government www.usdoj.gov/atr/cases/f9500/9549.htm competitors lobbied President Bill Clinton on threatening to break up the company for over 3 Stipulation and Revised Proporsed final the issue. Those competitors didn’t have the three years now. It is unfortunate that Judgment:http://www.usdoj.gov/atr/ ability to compete with Microsoft in the companies have to deal with such casesf9400/9495.htm market place, so they asked the government government over regulation. It is time for 4 Boder commentary: http:// to step in and help. business to return to normal. Please accept www.ece.cmu.edu/rtb/msdoj/ This defies every principle our economy the Microsoft antitrust settlement. msdojSettlement.html was built on. Our strength comes from an I would like to add that my wife and I were 5 Kegel Perspective:http://kegel.com/ open, competitive market. Superior products so pleased with your appointment as remedy/remedy2.html evolve and dominate their sector. Those Attorney General and that we hold you in our 6 http://www.pbs.org/org/cringely/pulpit/ products and their makers lose their top spot prayers as you face all the decisions that are pulpit20011206.html when another company creates a better placed before you that God will give you 7 http://web.siliconvalley.com/content/sv/ product. Asking the government to step in continued direction and wisdom. 2001/11/02/opiniondgillmo/weblog/ and place inferior companies at the top is not We do not know of Bill Gates religious index.htm how this country was built. standing, but we do believe that God has 8 http://www.netaction.org/msoft/ I recognize that Microsoft’s competitors blessed him, because of his generosity winfish2.html will argue that Microsoft unfairly abused around the world and here in America, to 9 http://www.cptech.org/at/ms/ their position at the top to keep them down. help various organizations and the education mj2kollarkotellynov501.html I don’t agree with that. Antitrust laws system and encourage you to take this into 10 http://www.boston.com/dailyglobe2/ developed seventy-five years ago do not consideration when you make your decision. 015/business.Microsoft—case—key—to— apply to the technology industry of today. Sincerely, tech—s—future+.shtml Microsoft got maintained their position of Milton Haner 11 http://www.ccianet.org/papers/ms/ supremacy because they continued to Judith Haner sellout.php3 develop superior products. MTC–00031626 12 http:www.gnu.org/philosphy/microsoft- The courts have an opportunity to put an antitrust.html end to a very big mistake. I urge the courts Renata Hesse, 13 http://computeruser.com/articles/ to accept the settlement. Trial Attorney 2101,3,1,1,0101,02.html Sincerely, Suite 1200, Antitrust Division, Department of http://linuxtoday.com/news— Jim Gibson President Justice, story.php3?ltsn=2002–01–02–002–20-OP-MS 601 D Street NW, http://www.winterspeak.com/columns/ MTC–00031625 Washington, DC 20530 121001.html JAN-20–2002 01:36 PM MILTON HANER (facsimile) 202–616–9937 or 202–307–1545 http://www.Iamlaw.com/DOJvsMicrosoft/ 4252593022 P.O1 FAX COVER SHEET Re: Public comment (Microsoft case WrapAndFlowMain.html Send to: Attorney General settlement) that under the Tunney Act must
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be considered before the settlement is George Soler computer users, have always had the option accepted. 7 hallam St. 3A to use products from any software vendor. I Dear Mrs. Hesse: San Francisco, California 94103 personally have used both Internet Explorer I have been a Software engineer for the last and Netscape Navigator, and I still use both 19 years. I am not working nor have never MTC–00031627 Microsoft Media Player and Real Networks worked for any of Microsoft’s competitors. I 619 2804858 JOHN CIHAK RTY P01 RealPlayer. I have both on my computer would like to respectfully request that you JOHN F. CIHAK simultaneously, and both work fine. The fact reconsider the grave anticompetitive OFFICE (619) 280–4850 is that Microsoft has become a dominant consequences of the proposed Microsoft REAL ESTATE SUITE 101 force because it has provided superior settlement by the the Justice Department. The 2840 ADAMS AVENUE products at good value. The settlement settlement evidently grants Microsoft its SAN DIEGO, CALIFORNIA 92116 negotiated in November eliminates operating system monopoly with wording January 18, 2002 Microsoft’s ability to force programs and such that it would no longer be illegal for Renata Hesse, Trial ATtorney products on consumers and manufacturers by Microsoft to maintain its monopoly. In my Antitrust Division, Department of Justice requiring Microsoft to allow competitors to view, and that of most of my colleagues, the 601 D Street NW, Ste. 1200 place their own programs on Windows. The settlement is a travesty of justice, an ill- Washington, DC 20530 result is a playing field as level as the advised embarrassment that flings down and VIA FACSIMILE competition will ever get. dances upon the law and upon all but the (202) 616–9937 Please drop the case and settle without moat twisted notions of justice. Ms. Hesse, further litigation. Everyone has dwelled on If this administration does not allow now This week, Governor Gray Davis and the the matter long enough. that it is capable of acting with forceful California State Legislature will be Sincerely, determination, then I have no doubt that announcing all of the various public works A. D. Fakonas Microsoft will be emboldened and will push projects that are going to go without funding MTC–00031629 its bullying practices to new heights. I also during the next fiscal year. I have spent years have no doubt that our government will working in my community and am very The Worcester Foothills Theatre Co., Inc. someday have to revisit this ugly problem. It concerned about what kinds of projects we MICHAEL WALKER will then be facing a much more powerful are going to lose. I can’t sit idly by and watch Artistic Director behemoth that has leveraged its way into this happen while our leaders still consider MARC P. SMITH other market segments, making the search for spending millions of dollars on other Artistic Director an effective remedy an almost hopeless task frivolous projects. That is why I am writing Emeritus (short of reconsidering a breakup— again). As this letter to ask the court to approve of the BOARD OF DIRECTORS a software developer I am outraged: settlement with Microsoft. GUY JONES* Microsoft’s continued leverage of their illegal The Microsoft case has already cost CO-PRESIDENT and ill-gotten monopoly on the desktop has Californians tens of millions of dollars. That FRAN PAQUETTE* now positioned the company to extend its does not include what we are spending on CO-PRESIDENT control to the Internet. As a citizen I am the federal side of this case. Each time I think GERALD A. KASHUK* dismayed: the continued indifference of this about the money, which might be spent TREASURER administration will ultimately lead to a should the settlement be rejectred, I think HON. MEL GREENBERG monolithic entity controlling all relevant about all the important projects our CLERK aspects of our cyber- society. As a consumer community is going to lose out on. I am not BARRY BACHRACH, ESQ.* I am maddened: we will face a world devoid naive enough to think that if the Microsoft DR. TAMARA BETHEL of choice in that arena. In the end, we will case is settled that we will then get our MARTA CASILLO all have to pay the price. public works projects. However, I do believe EILEEN DECASTRO I would like to urge this administration to settling the case with Microsoft is a decision LEWIS J. DITTELMAN help foster a business environment where which should be made on principle. It is a JAMES DUMAS healthy competition has a chance to innovate decision which says that the courts and our DR. BRUCE KARLIN in a truly level playing field— where a elected officials will find a way to resolve DR. JAMES LUKES nascent company will not be crushed by issues like this when there’s not enough EVELYN M. MARSHALL illegal means because it chose to offer viable money to fund even the most basic needs. GARY W. MACCONNELL alternatives to Microsoft’s products— where Sincerely, JOHN 0. MIRICK, ESQ. the reason the Open Source software John Cihak ELENI PAPADAKIS movement thrives is more than because it Owner Cihak Realty JAMES J. PAUGH, III presents no definable corporate target for MEL PELLETZ Microsoft to shoot down. I would like to MTC–00031628 DR. MICHAEL POLSENO plead with this administration to stop its FROM : A D Fakonas January 21, 2002 PETER A. WEINROBE apparent indifference to the wrong-doings of PHONE NO. : 925 2537936 Jan. 21 2002 *EXECUTIVE COMMITTEE large corporations and to apply true remedies 01:55PM Pl January 3, 2002 with real teeth when a corporation has been A. D. Fakonas Renata Hesse found guilty of monopoly. I sincerely hope 56 Via Floreado Trial Attorney that the currently unfolding Enron debacle Orinda, CA 94563 Antitrust Division will make this administration more sensitive Attorney General John Ashcroft Department of Justice to the fact that tacitly supporting another US Department of Justice 601 D Street NW, Suite 1200 large company practice, like Microsoft’s, by 950 Pennsylvania Avenue, NW Washington, DC 20530 turning a blind eye to its illegal business Washington, DC 20530 VIA FACSIMILE practices will ultimately carry an enormous Dear Mr. Ashcroft: To Whom It May Concern: price to our society. I urge you to settle the antitrust case I would like to comment on the proposed You now have a historic opportunity to against Microsoft. The issue has been dragged settlement in the Microsoft case. As the redress this and apply real remedies that will out far too long, to the detriment of the US director of a small non-profit agency, I use send the message that illegal business economy and consumers. In fact, it often felt Microsoft products daily and they have been practices will not be tolerated any more. like the main reason this case was ever a great help to me. They have allowed our I urge you to act now, decisively, and with brought up was because its competitors were staff to become more self-sufficient. justice on behalf of our future. I want to better at navigating the political world. Small professional theater groups like the believe that you will do the right thing. I Although Microsoft’s business dealings may one I run, have small budgets and often are really wish to thank you for your time and have been heavy-handed in the past, they shoestring operations. The proposed for considering my views. were not detrimental to the consumer settlement will benefit groups like mine, who Sincerely marketplace. I, like most (even marginal) would qualify to receive Microsoft products,
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if the settlement survives in its present state. embarrassed and distressed that our State MTC–00031633 This would mean that we could spend more attorney general has been a party to it. Like 01/21/02 15:41 FAX 704 597 9183 KINKO’S money on our productions. the tobacco lawsuits of the recent past, this COPY CENTER 001/001 As far as I can tell there has been no is a case that has turned out to be not only Glenn J. Haqgerty consumer harm as a result of any actions a colossal waste of tax dollars, but also a 5509 Cottage Cove Lane taken by Microsoft. Microsoft’s innovations detriment to yet another private industry. Charlotte, North Carolina 28215 have, in fact, have helped many small Regulation through litigation seems to have January 21, 2002 agencies such as mine. I hope that we end been the underlying theme in this case and Attorney General John Ashcroft this lawsuit and approve the settlement. those responsible for stoking the embers are US Department of Justice Sincerely yours, none other than Microsoft competitors. 950 Pennsylvania Avenue, NW Brad Kenney My opinion in this case is not from that of Washington, DC 20530 Artistic Director a member of the Microsoft fan club or from Dear Mr. Ashcroft: WORCESTER FOOTHILLS THEATRE CO., that of an enemy for its competitors. My I am writing to express my concern at the INC. beliefs stem from those of a protector of possibility of continuing litigation against WORCESTER COMMON OUTLETS * l00 taxpayers and overseer of the spending of the Microsoft by the Department of Justice. I am FRONT STREET * SUITE 137 taxes they’re forced to pay. In that position, satisfied with the terms reached in the WORCESTER * MASSAChUSETTS 01608 I do not support the role of the federal or agreement in November of last year, and I BUSINESS OFFICE: 508.754.3114 * Box state government in shaping the appropriate believe that further measures against OFFICE 508 754.4018 * (V/TTY) FACSIMILE: market share between opposing companies in Microsoft would be detrimental to consumers 508.767.0676 www.foothillstheatre.org any industry. This is not the idea behind the and the economy. i urge you to reconsider ‘‘rule of law,’’ as I understand this concept your position MTC–00031630 from the framers. I work in real estate, but over the past few FROM : E S RUCKER PHONE NO. : 504 All things considered, the proposed years, I have been developing software with 5235996 Jan. 21 2002 02:12PM Pl settlement is not only fair for all parties Microsoft. I have been able to develop Fax to page 001 involved, but the best thing for taxpayers software for real estate appraisers that is not 1518 1st Street everywhere as it finally puts the case to rest. only efficient but also cost effective. I have New Orleans, Louisiana 70130 No more tax funds should be wasted on this no complaint against Microsoft and I believe January 17, 2002 litigation. As you review this settlement, I that measures taken with the aim of breaking Attorney General John Ashcroft urge you to consider the positive national up or greatly weakening Microsoft are not in US Department of Justice impact of ending this unfortunate litigation. the best interests of your constituents. I 950 Pennsylvania Avenue, NW Sincerely, believe that the settlement reached has done Washington, DC 20530 Karl Peterjohn more than enough to ensure fair competition. Dear Mr. Ashcroft: In my opinion, further federal measures MTC–00031632 I wish to express how happy I am to, hear taken against Microsoft would not be that the Department of Justice finally ended JAN. -21’’ 02(MON) 14:25 DIRECTORY productive. Please reconsider your stance on its antitrust lawsuit against Microsoft. This DISTRIBUTING ASSOC. INC TEL:314 the issues. Thank you for taking the time to agreement will greatly benefit Microsoft’s 592 8791 P. 00 1 review my concerns. competitors. They should be thrilled with the RICHARD L. RACKERS Sincerely, outcome of this case. 160 Corporate Woods Court Glenn Haggerty Microsoft had to compromise much just to Bridgeton, Missouri 63044 cc: Representative Mel Watt get the case over with. It agreed to make January 21, 2002 MTC–00031634 available to its rivals, on reasonable and non- Attorney General John Ashcroft discriminatory terms, any code that Windows US Department of Justice JAN 21 ‘‘02 14:45 P.1 uses to communicate with other programs. 950 Pennsylvania Avenue, NW Michael W. Thompson The company also agreed to disclose and Washington, DC 20530 9035 Golden Sunset Drive o Springfield, document, for use by Its competitors, various Dear Mr. Ashcroft: Virginia 22153 interfaces that are internal to Windows’’ It is my understanding that the Justice 703/455–1539(home) operating system products—a first in an Department has reached a proposed 703/440–9447(0ffice) antitrust lawsuit. settlement with Microsoft based on the 703/455–1531 (fax) What more could Microsoft‘s competitors allegations brought against the company for [email protected] want? Maybe a key to the front door of the violation of various antitrust laws. It is also FAX TRANSMITTAL SHEET company’s headquarters would make them my understanding that you are currently Deliver happier. accepting public comment on the proposed To: Ms. Renata Hesse Enough is enough. I hope the federal settlement. Please consider mine a vote of FAX# 202/616.9937 Number of Pages 2 Date government never does this to Microsoft support for the settlement. While I know that 1/18/02 again. It would be pure harassment if they it probably does not go as far as many of From: Mike Thompson would. Microsoft’s competitors would like, I believe JAN 21 02 14:45 P.2 Sincerely, Evelyn S. Rucker that it is a fair and reasonable resolution of Michael W. Thompson Evelyn Rucker the alleged violations. As I understand the 9035 Golden Sunset Lane matter, the major complaint raised by Springfield, Virginia 22153 MTC–00031631 competitors was the fact that they could not 703/455–1539 703/440–9447(0) Jan 21 02 03:03p p.1 compete in such areas as Internet access January 18, 2002 Kansas Taxpayer Network within the Windows systems. This settlement Ms. Renata Hesse PO Box 20050 316–684–0062 allows such competition for the first time by Trial Attorney Wichita, KS 67208 home.southwind.net/-ktn forcing Microsoft to share their proprietary Antitrust Division Renatta Hesse software code with its competitors, It is U.S. Department of Justice Trial Attorney important to the economy right now to enter 601 D Street, NW # 1200 Antitrust Division a growth phase and lawsuits such as the Washington, DC 20530 Department of Justice Microsoft suit can serve to stifle growth, I Dear Ms. Hesse: 601 D Street, NW—Suite 1200 believe that the Justice Department and I am writing to encourage the Department Washington, DC 20530 Microsoft have reached a fair and workable of Justice to approve the settlement Dear Ms. Hesse, resolution, and I hope that you move forward agreement in the case of United States v. I am writing in support of the proposed with it as quickly as the law allows. Thank Microsoft. As a businessman and a taxpayer, Microsoft antitrust settlement. As Executive you for your attention. I feel it is time to stop the long legal battle Director of the Kansas Taxpayers Network, I Sincerely, between competitors and to allow one of our have followed this case closely and am Richard Rackers nation’s most innovative technology
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companies to get on with the job of providing between the Department of Justice and Dear Mr. Ashcroft: all segments of our economy the opportunity Microsoft was fair and reasonable, and was I am writing today to encourage the to run more efficiently. extensive enough for nine states to agree to. Department of Justice to accept the Microsoft The proposed settlement is reasonable and Microsoft has been punished for building a antitrust settlement. I work within the it is tough on Microsoft and it seems to be better mousetrap, and pricing it lower than technology industry and I think it is time to a fair outcome to the issues involved in this the competition. Although I do not agree let the industry get back to business. For over case. I hope that the Court will approve the with every decision that Microsoft has made, three years government has bogged down proposed settlement between Microsoft, its I do understand wanting to use you Microsoft with lawsuits. It is time to put this various plaintiffs and the federal government. successful product to launch more successful issue to rest. Sincerely, products. Three years of litigation has called During the period that the government has Michael W. Thompson this illegal. Obviously, there is a limit to been trying to break Microsoft up the success under free enterprise, and that limit industry has had some tough times. Most MTC–00031635 is becoming the industry standard. stock is down, many companies have gone JAN-22–2002 01:44 AM Despite my views, I do understand the out of business, and the industry leader has JAN-11–2002 08:40 AS&T SOURCING pleas of the competition, I also feel that had to deal with a hostile government. MERTS P-01 Microsoft has gone above and beyond in its Microsoft has given a lot of ground to get this State of New Hampshire concessions. Under the agreement, Microsoft over with. They are willing to share some of House of Representatives has changed the way it develops, licenses, their trade secrets to competitors; give up Concord and markets its software. It has agreed to their leverage over computer makers by January 12, 2002 grant computer makers broad new rights to adopting uniform prices; and submit to the Renata Hesse configure Windows so as to promote non- oversight of an independent technical Trial Attorney Microsoft software that competes with committee. They have agreed to terms that Antitrust Division programs included within Windows. Also, extend well beyond the products and Department of Justice Microsoft has agreed to license its Windows procedures that were actually at issue in the 601 D Street NW, Suite 1200 operating system products to the 20 largest suit. Washington, DC 20530 computer makers, who account for the The settlement is fair and should be Dear Attorney Hesse: majority of PC sales. accepted by the govemment. I hope you use I write to offer my support for the settlment In short, it is time to put this matter behind your authority and influence to help that proposed in the case of U.S. v. Microsoft. As us. The sooner this case is settled, the sooner happen. a STate Representative serving the Town of that the focus of the IT industry can return Sincerely, Merrimack, New Hampshire, I believe that to innovation, rather than litigation. We must John Held although government should protect make certain that we continue to introduce MTC–00031639 consumers and make sure they are not taken advanced American technology to the world advantage of by big business, the market, or risk losing our competitive PO Box 5700, government’s prosecution of Microsoft has advantage. Mt Crested Butte, CO been misguided. Microsoft is a very large Sincerely, 81225–5700 company and does have an influence in Marc Mataya Crested Butte many consumers’’ lives; but it is a positive Mountain Resort influence that has helped to increase work MTC–00031637 To: Renata Hesse—Trial Attorney efficiency and communication. January 17, 2002 From: Wayne Anderson I am very much a proponent of wisely Attorney General John Ashcroft Fax: 202–616–9937 Pages: 2 spending the money that citizens give to U.S. Department of Justice Phone Date: 1/21/2002 government and believe spending has been Washington, DC 20530–0001 Re: Proposed Microsoft Antitrust Settlement wasteful in this case. It is time for the Dear Mr. Ashcroft: Cc: government to step back and allow the I am writing your office in support of the Urgent For Review Please Comment Please Microsoft settlement to stand. Too much settlement reached with Microsoft in the Reply Please Recycle time, effort and money has been spent antitrust lawsuit against them. There are a CRESTED BUTTE reaching this settlement. Further money and great many companies in the U.S. that COLORADO time can be better spent elsewhere, especially operate under monopolistic conditions, and January 21, 2002 in these difficult times. I feel that Microsoft is being used as a Department of Justice—Antitrust Division With the current economic situation in scapegoat of sorts. Attn: Renata Hesse—Trial Attorney mind, the government should support I understand the basic points of the 601 D Street NW, Suite 1200 innovation and companies, like Microsoft, settlement, and I think that they provide for Washington, DC 20530–0001 that are having a positive impact in our lives ample competitive behavior in the future. RE: Proposed Microsoft Antitrust Settlement and creating jobs and a positive trade flow in Uniform pricing for computer makers and Dear Department of Justice: the international balance of payments. Please increased flexibility in removing Windows- I am writing to express my concern about approve this settlement. based programs from a user’s computer will the proposed Microsoft antitrust settlement Sincerely, be beneficial to consumers in several ways. currently being considered by the court. I John Balcom I can assure the DOJ that Microsoft’s have worked in corporate IT operations since State Representative, Hillsborough 18 success is important to many people beyond the early 1990s. I hold numerous industry 1/3/2002 TOTAL P.01 the company itself. I urge you to settle the certifications, including Microsoft Certified TDD Access: Relay NH 1–800–735–2964 antitrust lawsuit with no additional delay. Systems Engineer, Certified Novell Engineer, Sincerely, and others. I am the head of my company’s MTC–00031636 Karen Frisch Information Systems department, and I work Marc J. Mataya 920 John Street primarily with Microsoft products on a daily 4935 Prentice Place Manhattan Beach, CA 90266 basis. Charlotte, NC 28210–2917 Since I began working in the IT field, my January 16, 2002 MTC–00031638 opinion of Microsoft’s products and business Attorney General John Ashcroft John Held practices has changed dramatically. I have US Department of Justice, 950 Pennsylvania 16329 170th Ave. NE experienced first hand the poor quality of Avenue, NW Woodinville. WA 98072 their products, and I have repeatedly Washington, DC 20530–0001 January 21, 2002 watched competitors with superior Dear Mr. Ashcroft: Attorney General John Ashcroft technology effectively run out of business by I am writing to explain my opinions US Department of Justice Microsoft’s ruthless use of its monopolistic regarding the Microsoft antitrust case. I feel 950 Pennsylvania Avenue, NW power. It has had a decidedly negative effect that the settlement agreement reached Washington, DC 20530 on the industry. There is no question in my
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mind that strong remedy is necessary to MTC–00031641 light at the end of the tunnel of our nation’s restore competitive forces to many segments Sent By: DKC Computers, Inc.; 972 642 4942; recession. The markets are improving, and of IT. Jan-21–02 3:OlAM; Page 2/2 DKC the economic forecast is generally positive. To that end, I do not believe the proposed COMPUTERS, INC. However, state revenues are down and most settlement goes nearly far enough. The 1324 W. Church St. Grand Prairie, Texas states will have to consider tough cuts on simplest evidence of this is that Microsoft 75050–5129 (972) spending in coming budgets. agreed to it. The company has shown by its 263–4879 Fax (972) 642–4942 One thing that can be done to aid states’’ actions throughout the years that it will fight January 21, 2002 economies is to end the Microsoft lawsuit. I to the last breath any attempt to interfere Renata Hesse am writing in support of the nine states and with its monopoly. If the company agreed to Trial Attorney the Department of Justice’s settlement this settlement, then that clearly Antitrust Division agreement. It is a fair and reasonable demonstrates that Microsoft does not believe agreement which brings a satisfactory Department of Justice the terms of the settlement will have any conclusion to this long-running antitrust 601 D Street NW, Suite 1200 meaningful impact on its grip on power. If case. Washington, DC 20530 Microsoft doesn’t believe the settlement will As the old saying goes, a rising tide floats The threat of government regulation of the have an impact, why should we? Any all boats. And just as a rising tide will float computer software industry is frightening to effective remedy is going to have to be a boat sitting at the lowest point first, so the contemplate. Price controls will stifle imposed upon Microsoft kicking and resolution of this case will help those who innovation. Arbitrary restrictions an screaming. I believe that negotiating a have the farthest to rise first. packaging will drive costs so high that settlement with Microsoft is a lost cause. The The technology-driven ‘‘innovation current settlement should be scrapped, and a consumers and small businesses will not be economy’’ has created tremendous much more sweeping one should be pursued able to afford the advances made in computer opportunities for the citizens of New in the courts. I hope this will be done technology. Anti-competition rules will Hampshire. But we must act now to take without further delay, since time is of the destroy America’s dominant position in the some of the uncertainty out of economy. I essence in a matter such as this. Thank you. global market and give foreign competitors a urge you to endorse this settlement Sincerely, distinct advantage. agreement which would provide states Wayne Anderson Is this the future we want for America’s greater confidence in fiscal planning and Director of Computing technology industry? I sure hope not. That is would allow entrepreneurs and businesses to Crested Butte Mountain Resort, Inc. why I am writing this letter in support of the get back to the business of creating new and 12 Snowmass Road negotiated settlement between the U.S. better products for consumers. P.O. Box A. Department of Justice and Microsoft Regards, Mt. Crested Butte, CO Corporation. I believe it to be in the best David M. Lawton 81225 interest of the consumer and the high tech State Representative (970)349–2333 (800)544–848 industry to end all litigation and let Belknap County District #1 Fax:(970)349–2250 technology innovators get back to doing what 603–279–8382 EMail: [email protected] they do best-innovating. TDD Access: Relay NH 1–800–735–2964 www.crestedbutteresort.com Thank you for your consideration. Sincerely, MTC–00031644 MTC–00031640 Duron K. Cutbirth 01/21/2002 05:58 5084863455 GLAVEY AND l-21–2002 11:33AM FROM 000000000000 P. MTC–00031643 GLAVEY PAGE 01 1 R. S. Halloran Company 01/21/02 12:12 P.001/001 01/21/2002 09:03 6033667301 WEIRS TIMES 370 Harwood Avenue Virginia Society AIA 15 South Fifth Street PAGE 01 Littleton, Massachusetts 01460 Richmond. Virginia 23219–3823 THE WEIRS TIMES AND TOURISTS’’ Renata Hesse TEL 804.644.3041 GAZETTE Trial Attorney FAX 804.643.4607 aiava.org DEVOTED TO TJE INTERESTS OF LAKE Antitrust Division January 21, 2002 WINNIESAUKEE and VICINITY FAX Department of Justice Ms. Renata Hesse FORM 601 D Street NW, Suite 1200 Antitrust Division This Fax Transmission is being sent to: Washington DC 20530 Department of Justice Renata B. Hesse—Antitrust Division Dear Attorney Hesse, 601 D Street NW, Suite 1200 This Fax is From: Rep. David M. Lawton I would like to express my support for the Washington, DC 20530 Number of Pages including This Cover Sheet: proposed Microsoft settlement that is Dear Ms. Hesse: 2 currently being considered by Judge Kollar I believe one of the strongest reasons to Comments: Kotelly in the federal courts. The case has support a settlement in the Microsoft case is Commentary regarding the microsoft gone on too long, and has cost the American how the agreement will be enforced. The settlement for your consideration. taxpayer millions of wasted dollars. I’m not independent Technical Committee; being Reply Necessary: YES No x sure what, if anything, the consumers of this created has the power to tire unlimited staff. P.O. BOX 5458, Weirs, New Hampshire country have gained by this protracted fight, The Committee will reside at Microsoft 03247–5458 it seems to me that we would all be better Corporation site at Microsoft’s expense. Office Route 3, Across from Funspot off if the case were settled. Furthermore, the agreement specifies the U.S. 603–366–8463(TlMES)—FAX 603–366–7301 I run a small logging company, and so I am Justice Department as the sole enforcement www.weirs.com not involved in the daily workings of high- authority. To summarize, the settlement PUBLISHED BY THE WEIRS PUBLISHING tech industry. However, I do understand agreement provides resources, access, and COMPANY, INC. fairness in business practices, and respect the authority to respond to complaints about HOUSE OF REPRESENTATIVES role of the federal government to look out for Microsoft’s compliance. This is an CONCORD the little guy. In this case it seems that enforcement mechanism with that is bound January 21, 2002 someone got too zealous, and that the case to work. Renata B. Hesse took a life of its own. If the Justice It is heartening to see this case finally Antitrust Division Department has reached a settlement that is being settled. The U.S. economy can use a U.S. Department of Justice acceptable to them, then I say let’s not miss boost and the high-tech industry may be able 601 D Street NW this opportunity to end this unfortunate to provide it. Suite 1200 episode, Sincerely yours, Washington, DC 20530–0001 I appreciate your consideration of my Beverley M. Dew RE: MICROSOFT SETTLEMENT thoughts on this matter, and I ask you to Director of Development Dear Ms. Hesse: consider: with all that’s going on in this Virginia Society of the American Institute There is a growing sentiment among world, wouldn’t America be better unified if of Architects economists that we are finally seeing the we ended this case?
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Sincerely, Microsoft Antitrust Division Richard S Halloran Dear Renata Hesse, 601 D Street, NW Suite 1200 I am writing to voice my objections to the Washington, DC 20530 MTC–00031645 proposed Microsoft Settlement. I cannot see Via Fax # 202–616–9937 1/20/2002 10:59 PM FROM: FAX TO: how the proposed settlement can be found to Dear Ms. Hesse: 12026169937 PAGE: 001 OF 002 adequately punish Microsoft for its antitrust The case of U.S. v. Microsoft is a waste of urgent violations. The settlement contains no tax dollars. I encourage the courts to accept facsimile penalties and actually advances Microsoft’s the settlement and bring this unfortunate TO: Attorney General Ashcroft operating system monopoly. chapter of our judicial history to a close. I Fax Number: 12026169937 History will remember this settlement as a understand that the court is deliberating From: Tara Erickson mockery of justice. How can one ‘‘punish’’ a whether the settlement in U.S. v. Microsoft Fax Number: 413–280–1296 monopolist by invoking a punishment that should be accepted. It is also my Business Phone: expands it’s monopoly? The punishment is understanding that if the court rejects the Home Phone: 435–615–1170 entirely unfair to those that have been settlement, the case will continue, forcing Pages: 2 harmed by Microsoft’s unfair business some states and the federal government to Date/Time: 1/20/2002 10:59:30 PM practices. Rather than a punishment for the resume spending on the issue. I hope you Subject Microsoft defendant, the settlement punishes the will approve the settlement. 1341 East Oakridge Road N plantiffs. I write this letter as an individual, but I am Park City, Utah 84098 At a minimum, the settlement must: president of a taxpayers’’ organization that January 20, 2002 Place Microsoft products as extra-cost tries to ensure that taxes and governmental Attorney General John Ashcroft options in the purchase of new computers, so programs are ‘‘fair, understandable, cost- US Department of Justice that the user who does not wish to purchase effective, and good for business’’ (our 950 Pennsylvania Avenue, NW them is not forced to do so. This means that mission statement). It is this activity that Washington, DC 20530 for the price differential between a new aroused my interest in U.S. v. Microsoft. Dear Mr. Ashcroft: computer with Microsoft software and one The amount of tax dollars going to special I am writing to express my exasperation without, a computer seller must offer the interest lawsuits such as the one against with the court proceedings in the Microsoft software without the computer (which would Microsoft has increased dramatically in antitrust case. I cannot believe that the case prevent computer makers from saying that recent years. Politicians now see these has dragged on for this long and that now, the difference in price is only a few dollars), lawsuits as publicity generators (and sources when a settlement has finally been reached, Only then could competition come to exist In of extorted money) rather than good public some people refuse to accept the terms of the a meaningful way. policy. The ‘‘demonization’’ of productive, settlement and wish further federal action to Require Microsoft to make public all tax-paying businesses is a deplorable tool be taken against Microsoft. Additional present and future document file formats, so used in the search for headlines. I hope the litigation would be entirely that documents created in Microsoft court will send a message to the politicians counterproductive in this matter, and I do applications may be read by programs from and special interests by supporting this not believe it is wise. other software developers, on Microsoft’s or settlement. Microsoft has been fairly dealt with in this other operating systems. This is in addition By the way, I own no stock in Microsoft, case, and has actually agreed to terms under to opening the Windows application program and I use a Mac. the settlement that extend to products and Interface, which is already part of the Thank you for your consideration. procedures that were not found to be proposed settlement. Sincerely, unlawful by the Court of Appeals. Microsoft Require Microsoft networking protocols be Reed L. Royalty has accepted the terms and they appear to be published in full and approved by an MTC–00031648 more than fair to the plaintiff states, For independent network protocol body. This example, Microsoft has agreed to provide would prevent Microsoft from seizing de ** TOTAL PAGE. 001 ** anyone acting under the terms of the facto control of the Internet. 9343 Larch Drive agreement with a license to applicable Sincerely, Munster, Indiana 46321 intellectual property rights. Microsoft has Mark M. Mills January 11, 2002 also agreed to document and disclose source Attorney General John Ashcroft MTC–00031647 code, interfaces, and protocols integral to the US Department of Justice Windows operating system for use by their Reed Royalty Public Affairs, Inc. 949–240– 950 Pennsylvania Avenue, NW competitors. 0304 1/20/02 7:34 PM 1/2 Washington, DC 20530 The settlement is fine; further litigation Reed Royalty Public Affairs, Inc. Sunday, Dear Mr. Ashcroft: would be redundant, expensive, and wholly January 20, 2002 As I read the paper and realize the state of unnecessary. I ask you not to condone the Governmental Relations Reed L. Royalty, our economy, I am a bit disturbed by the inexplicable litigious behavior of the nine President recent developments in the Microsoft plaintiff states and to allow the settlement to Community Relations 30205 Hillside Terrace, settlement. After three years of negotiations, stand. San Juan Capistrano CA 92675–1542 it was about time we reached an agreement Sincerely, Communications [email protected]— that helped to get our IT sector moving Tara Erickson fax (949) 240–0304 phone (949) 240– forward. Now, the technology industry may cc: Representative Chris Cannon 2022 have to suffer through further discussion of 1/20/2002 10:59 PM FROM: FAX: TO : FAX this meticulously planned settlement, while 12026169937 PAGE: 002 OF 002 TO: Renatta Hesse, Antitrust Division the global market gets more and more FAX 202 616–9937 competitive. MTC–00031646 PAGES: 2 It is time to move forward and let the MARK MILLS 2548977092 P.01 Reed Royalty Public Affairs, Inc. 1/20/02 technology industry get back to business. All Mark M. Mills 7:34PM 2/2 parties involved are ready to use these terms 1063 FM 205 Governmental Relations Reed L. Royalty, as new guidelines in order to move on. These Glen Rose, TX 76043 President extremely productive terms include new Renata Hesse, Community Relations 30205 Hillside Terrace, developments in licensing, marketing, and Trial Attorney, San Juan Capistrano CA 92675 even design. All of which are beneficial to Suite 1200, Communications [email protected] the consumer, the IT industry and our Antitrust Division, -fax (949) 240–0304 o phone (949) 240– economy as a whole. Let us support the Department of Justice, 2022 advancement of our technology industry by 601 D Street NW, Washington, DC 20530; January 20, 2002 stopping any further litigation in this matter. (facsimile) 202–616–9937 or 202–307–1545 Ms. Renatta Hesse I appreciate your listening and your support. Re: The public comment period in U.S. v. Trial Attorney Sincerely,
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Ram Patil government’s three-year antitrust case against Washington, DC 20530 JAN 22 2002 08:10 FR FLAT ROLLING Microsoft. It pleases me to know that a Dear Mr. Ashcroft: OPER 219 399 2750 TO 912023071454 P.01 settlement has been reached in the case. I am writing in support of the recent However, I don’t feel that there should have settlement of the Microsoft federal lawsuit. MTC–00031649 been litigation against Microsoft to begin As a follower of the case I feel that the 01/19/1995 21:43 8592522845 LESSON IN with. I support the company 100% in this lawsuit should have never happened and was LEADERSHIP PAGE 01 case. The government should leave Microsoft mostly created through the actions of John Santone alone, and tackle other matters that are desperate competitors. Now that we have an 4838 Hartland Parkway affecting America. opportunity, the agreement should be Lexington, KY 40515 However, I feel it is in everyone’s best approved and the government should focus January 19, 2002 interests to accept the settlement as is, so on the more important issues our country Attorney General John Ashcroft Microsoft can move forward in developing faces right now. The time and money spent U.S. Department of Justice new products for the consumer. The terms of on breaking up a company at the core of the 950 Pennsylvania Avenue, NW the settlement are both fair and reasonable, new economy has been excessive to say the Washington, DC 20530 and should be approved by the government least. This has been the reward for starting Dear Mr. Ashcroft, in a timely manner. I would like to remind a business from scratch and revolutionizing I would like to express my opinion that the you that Microsoft is not getting off easy like the software industry. What Microsoft offers last three years of lawsuits against Microsoft their critics want you to believe. in this deal is more than generous and will were wrong and unjustified. Microsoft has For example, Microsoft has agreed to allow other competitors plenty of made huge contributions to our society by document and disclose for use by its opportunities to sell their products. Access to creating jobs and making technological competitors various interfaces that are intellectual property, such as source codes, is breakthroughs. They have been the a requirement unheard of in the industry, internal to Windows operating system cornerstone of the IT Industry and made and it is a major concession Microsoft’s products. Furthermore, they have agreed not using computers easy. competitors. Meanwhile, a three-person to retaliate against software or hardware I find it ironic that the intention of this technical committee will be monitoring developers who develop or promote software case at the outset was to protect consumer compliance of the agreement, which should rights, but the terms of the settlement only that competes with Windows or that runs on prove this to be a workable solution. As a reflect the lawmakers’’ and politicians’’ software that competes with Windows. taxpayer and a voter, I believe that this deal concern for competitors of Microsoft. Under Sincerely, is in the best interests of the free market and the terms of the settlement, Microsoft has Greg Rothan the most effective direction for the agreed to not retaliate against any computer cc: Senator Rick Santorum government to spend its time. Microsoft will makers or software developers who promote Representative George W. Gekas stay intact and be able to thrive, while its or develop products that compete with MTC–00031651 competitors will be guaranteed opportunities Windows operating system products. They for their own success. I look forward to your 01/22/2002 09:07 8286832241 GINGER PAGE have also agreed to disclose their interfaces. support. 01 Now, I am not quite sure how those Sincerely, concessions and the other ones will help VIRGINIA SCRIBNER MALLARD Steven Duncan consumers, but I can very clearly see the 105 SANDY MUSH ROAD * MARSHALL, 01/22/2002 02:18 FAX 6128783055 S benefit for other software conglomerates. I do NC 28753 * (828) 683–4445 DUNCAN CPA CVA 01 know that I would rather this settlement January 22, 2002 become reality than risk further litigation. I Attorney General John Ashcroft MTC–00031653 think our IT sector and economy cannot US Department of Justice January 21, 2002 withstand having one of our industry leaders 950 Pennsylvania Avenue, NW Attorney General John Ashcroft on the sidelines now in this recession. I Washington, DC 20530 Justice Department request that your office finalize the Dear Mr. Ashcroft: 950 Pennsylvania Ave. agreement. I’m glad I have a chance, as a citizen, to Washington DC, 20530 Lastly, I believe this litigation sent the weigh in with my comments while the Dear Mr. Ashcroft, wrong signal to an industry that was federal Microsoft lawsuit settlement is being Microsoft had been in legal proceedings for responsible for creating a great deal of the considered. I urge you strongly to accept the the past three years with the Justice economic prosperity that existed this past settlement. Department in the antitrust case. This had decade. You cannot expect companies to The seemingly endless lawsuit now has a been a burden for both parties, and a invest in new technology if they can expect chance to come to a close. Microsoft is so settlement was past due, so I was very glad to be sued for not inventing a design (e.g. eager to get this behind them that the to see this settlement come about. I look bundling browser w/operating system) that settlement even encompasses matters never forward to your support of this settlement. I suits the Justice Department. Please addressed in the original litigation. Among own a small business unrelated to the remember that IBM designed the OS/2 the tough provisions are requirements that technology area. I have been vocal in my operating system, and AT&T developed Microsoft reveal internal Windows’’ support of Microsoft and will continue to use UNIX. Both of these giant companies had operating system interfaces to its competitors their technology. Anti-Microsoft special every opportunity to beat out Microsoft, but and give up its intellectual property rights to interests would like to upset this settlement they both failed because the Windows design competitors in certain cases. It’s time to end and re- open this case. Frankly, I believe produced a superior product. this sad story of government harassment and Microsoft has had enough. The settlement on Sincerely, accept the settlement. I’m hopeful you will the table is good; it will allow competitors to John Santone realize this in the public interest. more easily place products on Microsoft Sincerely, systems and will give competitors access to MTC–00031650 Virginia Mallard Microsoft computer code so they can make JAN-22–02 08:46 FROM: RSR REAL ESTATE better products. Microsoft has been very MTC–00031652 ID: 7631656 PAGE 1 cooperative in this settlement and taken a 1 Gunpowder Road Steven R. Duncan, CPA, CVA conciliatory tone. Let’s put this matter Mechanicsburg, Pennsylvania 17050 Certified Valuation Analyst behind us and move forward. January 15, 2002 14191 Duffield Avenue NW Monticello, Sincerely, Attorney General John Ashcroft Minnesota 55362 Mike Granfield US Department of Justice (763)878–0090 Fax (763)878–3066 e-mail Speed Promotion 950 Pennsylvania Avenue, NW [email protected] Mike Granfield Washington, DC 20530 January 21, 2002 3220 Oak Brook Drive, Waxhaw, North Dear Mr. Ashcroft: Attorney General John Ashcroft Carolina 28173 It has come to my attention that there has US Department of Justice Jan 22 02 12:54a Mike Granfield 704–202– been a settlement reached in the 950 Pennsylvania Avenue, NW 6352 p.1
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MTC–00031654 Jorge J. Castellanos They brought the industry out of chaos into 01/21/2002 23:08 9037846648 WALKER P.0. Box 14030 order. PAGE 01 Palm Desert, CA 92255–4030 The terms of the Microsoft antitrust Walker G. P. LLC 75625 Dempsey Drive, Palm Desert, CA settlement are fair and should be accepted. 1841 Fairfax Paris, Texas 75460 92211 U.S.A. Microsoft and the industry need to move Fax 903–784–6648 Ph. 903–784–4919 Phone: 760 340–5018 Fax: 760 340–5248 forward, the only way to move forward is to January, 21, 2002 FAX MESSAGE put the issue in the past. Please accept the Attorney General John Ashcroft TO: Attorney General John Ashcroft, DATE: settlement. US Department of Justice January 21, 2002 Sincerely, 950 Pennsylvania Avenue, NW COMPANY: US Department of Justice, No. of Donald Glassman Washington, DC 20530–0001 Pages: One (1) 481 Sage Drive Dear Mr. Ashcroft: LOCATION: 950 Pennsylvania Avenue, NW Pittsburgh, PA 15243 I write to you today to express my support Washington, DC 20530 CC: Senator Rick Santorum FAX #: (202) 307–1454 & (202) 616–9937 of the Microsoft settlement. The Department MTC–00031658 of Justice has now spent three years toiling PHONE #: over this issue without any resolution. FROM: JORGE J. CASTELLANOS JAN-22–02 TUE 8:45 STENSTREAM FINE Finally last November a tentative settlement Dear Mr. Ashcroft: ARTS P.01 agreement was reached. This settlement I am writing to you to voice my support of Robert Stenstream Fine Arts should be enacted with haste. It represents a the Department of Justice settlement of the 4200 Southwest 7th Avenue Road fair mediation between all parties involved. Microsoft case. While I feel that the terms are Ocala, Florida 34474 The terms of the settlement are very fair. a bit harsh, Microsoft has agreed to them and January 11, 2002 Microsoft now agrees to license its Windows committed itself to ending this case is soon Attorney General John Ashcroft software at the same rate to the largest as possible. US Department of Justice manufacturers of PCs. This make the There are great many more important 950 Pennsylvania Avenue, NW marketplace much more competitive. Also things facing America now. Pushing this Washington, DC 20530 Microsoft will agree not to retaliate against lawsuit, simply because we happen to Dear Attorney General Ashcroft: companies that use, sell, or promote non- disagree with Microsoft is not the American This letter is to address the recent Microsoft products. Additionally, Microsoft way. We need to be promoting free enterprise settlement reached between the Department has agreed to share information with its and American business. Especially during of Justice and Microsoft. I want to applaud competitors that will allow them to more these times of economic instability. I believe this settlement, as I think it is long overdue. easily place their own programs on the that the terms of the settlement are fair and The lawsuit has stretched on for three years, Windows operating system. Obviously that the three man technical committee that costing millions of dollars and time on both Microsoft has been generous in resolving this will be appointed by the government to sides. It is time to put the matter to rest and issue. The Justice Department must enact this oversee Microsoft’s compliance to terms will move on. The company faces more important settlement. be sufficient to deter any further antitrust issues. Sincerely, violations. I strongly believe that now is the Furthermore, Microsoft has agreed to a C.L. Walker time when we should all be focusing on our number of Department of Justice demands; economic health as well as making sure that i.e. making their software and codes more MTC–00031655 we continue to have a good employment accessible to competing firms, disclosing 01/21/02 22:38 FAX 7042639374 DH picture educational policies. Let’s put this information regarding Windows. There is LINEBERGER 01 unpleasantness behind us and move forward. even a technical committee to monitor Dottie Lineberger Sincerely, Microsoft’s compliance with the settlement. 128 Spring Wyatt Drive Jorge J. Castellanos I believe that all of this is more than what Gastonia, North Carolina 28056 is required to settle the matter at hand. I am MTC–00031657 January21, 2002 asking that you give your support to this Attorney General John Ashcroft January 21, 2002 proposed agreement, since many Americans US Department of Justice Attorney General John Ashcroft like myself do. 950 Pennsylvania Avenue, NW US Department of Justice Sincerely, Washington, DC 20530 950 Pennsylvania Avenue, NW Robert Stenstream Dear Mr. Ashcroft: Washington, DC 20530–0001 Owner I am writing you today to express my Dear Mr. Ashcroft, MTC–00031659 opinion in regards to the Microsoft I am writing today to encourage the settlement. The settlement that was reached Department of Justice to accept the Microsoft Jan 22 02 07:5la James D. Ebentier 480–423– in November is fair and thorough. I believe antitrust settlement. It amazes me that the 0536 p.1 the settlement will serve in the best public government wanted to break up the JAMES D. EBENTER interest. Microsoft has agreed to carry out all technology industry’s leading company in 4–J Enterprises provisions of this settlement. Microsoft has the first place. Now that a settlement has 8307 East Bueno Terra Way agreed to grant computer makers broad new been reached, it amazes me that there is a Scottsdale, Arizona 85250–6611 rights to configure Windows so as to promote possibility that the government will not (Tel.480–423–0446) non-Microsoft programs that compete with accept it. ([email protected]) programs included within Widows. Microsoft has had so many net positives on January 21, 2002 Computer makers will now be free to remove the technology industry. They single- Attorney General John Ashcroft the means by which consumers access handedly made most software compatible US Department of Justice various features of Windows Media Player, and standardized. This does not mean that 950 Pennsylvania Avenue, NW and Windows Messenger. Microsoft has also everyone has to use Microsoft software, just Washington, DC 20530 agreed to be monitored by a technical that different software works together. In fact, Dear Mr. Ashcroft: oversight committee. in the terms of the settlement Microsoft has It is obvious to me that Microsoft has been This settlement will benefit the economy agreed to give computer makers the cooperative in settling this antitrust case. and consumers. Please support this flexibility to install and promote any They agreed to design future versions of settlement. Thank you for your support. software that they see fit. Microsoft has also Windows, beginning with an interim release Sincerely, agreed not to enter into any agreement that of Windows XP, to provide a mechanism to Dottie Lineberger would obligate the computer makers to make it easy for computer makers, consumers exclusively use Microsoft software. This will and software developers to promote non- MTC–00031656 assure the consumers that they are receiving Microsoft software within Windows. The Jan-21–02 08:25P J & G consulting 760 the best software. As a long term computer mechanism will make it easy to add or 3405248 P.01 user I view Microsoft as a National Treasure. remove access to features built in to
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Windows or to non-Microsoft software. so that Microsoft’s competition can write agreed to terms that extend well beyond the Consumers will have the freedom to choose software that fits better onto Windows, and products and procedures that were actually to change their configuration at any time. therefore runs more efficiently. at issue in the suit, simply to put the issue This settlement represents a good faith This settlement contains many provisions behind them. Microsoft will, for example, effort on Microsoft’s part at bringing forth a other than the above that will benefit the now share use a uniform price list when viable end to this lawsuit. Now that this is technology industry as a whole. Please licensing Windows. done, let’s concentrate on getting the support this settlement so Microsoft can Microsoft has given up much, now the economy back on track and allow the move on from this litigation. Thank you for government needs to stop its over regulation. commercial sector to take care of itself. your support. Microsoft and the industry need to move Sincerely, Sincerely, forward. The only way to move forward is to James Ebentier Greg Pijar put the issue in the past. Please accept the cc: Senator Rick Santorum Microsoft antitrust settlement. MTC–00031660 Sincerely, 825 Powell Road MTC–00031662 Terry Stames Lenoir, North Carolina 28645 Jan-22–02 11:OlA Mendel Frieman P.01 MTC–00031664 January 17,2002 5506 Greenspring Avenue Attorney General John Ashcroft Baltimor, MD 21209–4330 JAN 22 ‘‘02 09:35 FR PRUDENTIAL US Department of Justice January 21, 2002 SECURITIES630 571 1259 TO 950 Pennsylvania Avenue, NW Attorney General John Aschroft 12023071454 P. 01/02 Washington, DC 20530 US Department of Justice FAX TRANSMISSION Dear Mr. Ashcroft: 950 Pennsylvania Avenue, NW DATE 1/22/2002 I would like to express my support for the Washington, DC 20530 # OF PAGES including this cover 02 settlement and an end to the litigation in the Dear Mr. Ashcroft: TO Attorney General Microsoft antitrust case. The case has gone I would like to tell you my thoughts about John Ashcroft on long enough. the recent events in the Microsoft Anti Trust US Dept. of Justice I am pleased with a number of the terms case. This whole issue has been dragged FAX# 1–202–307–1454 of the settlement. I most specifically like that through the mud, wasting precious time and FROM Barry Szymczak Microsoft has agreed to design future money. Nonetheless, I am glad to see that the PHONE 1–630–571–1259 versions of Windows in such a way that Justice Department and Microsoft have come NOTES My personal feelings opinion has computer makers, software developers and up with some sort of agreement. I just hope been expressed in attached letter consumers can promote non- Microsoft that everyone can put their various interests This information set forth herein was software within the Windows operating aside for the good of the country. This obtained from sources which we believe system. I am also pleased that the settlement settlement needs to be finalized so that our reliable, but we do not guarantee its will be monitored by a committee rather than country can get on with things. Our country accuracy. Neither the information nor any solely through contempt of court or other is supposed to be a free enterprise system, opinion expressed constitutes a solicitation enforcement proceedings which are more but for years Microsoft has been punished for by us of the purchase or sale of any security time consuming and costly. creating superior products and making or commodities. I was amazed at the recent write-off that money in the process. MGR APPROVAL Microsoft had to take for the litigation. We I don’t see how this issue can even be JAN 22 ‘‘02 09: 35 FR PRUDENT I AL need to leave this case behind, and the disputed. Microsoft is giving up a great deal SECURI TIES630 571 1259 TO 12023071454 settlement offers a viable opportunity to do just so that don’t have to worry with this P.02/02 so. It is time to allow the country to focus on issue any more. They are giving away their 10820 Cantigny Road business again. I would hate to see a market technology secrets so that their less innovate Countryside, IL 60525–4741 replay of the seventies. competitors can create products that will be January 12, 2002 I support the settlement-as I understand it, able to compete with Microsoft. They also Attorney General John Ashcroft and hope that it is finalized as soon as will be changing their business practices so US Department of Justice possible. Thank you for reviewing my as not to obligate anyone to have to sell Washington, DC 20530–0001 comments. Microsoft’s products over anyone else’s. Dear Attorney General Ashcroft: Sincerely, Please accept this settlement, it is high time I am fully against the three years of Stephen Scott that our computer industry be allowed to litigation, which have been brought against 01/22/2002 10:00 8283287338 CARL A. move forward. Thank you. Microsoft. Now that a settlement has RUDISILL LIB page 01/01 Sincerely, occurred I think it is ludicrous that 9 states Mendel Friedman still oppose. Our country is based on majority MTC–00031661 rules. The fact that nine states can hold up 01/22/02 TUE 10:26 FAX 5703453600 Greg MTC–00031663 this case, which has dragged out for 3 years, Pijar 001 01/22/02 TUE 09:13 FAX 512 327 6384 proves there is some political interests and Greg Pijar ALLIED INTERESTS INC. 001 personal gain to be had by the state attorney 184 SpittIer Road, Pine Grove, Pennsylvania, 816 Terrace Mountain Drive generals. 17963 Austin, TX 78746 Microsoft should be rewarded for January 17, 2002 January 21, 2002 standardizing the technology industry and Attorney General John Ashcroft Attorney General John Ashcroft innovating the user-friendliest applications US Department of Justice US Department of Justice to date. Bill Gates has been innovative and 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue, NW vision oriented; creating something out of Washington, DC 20530–0001 Washington, DC 20530 nothing—nothing but intelligence and Dear Mr. Ashcroft, Dear Mr. Ashcroft: business sense and concern for what people I am writing you today to voice my opinion I am writing today to encourage the want. The American dream has been reached. in regards to Microsoft. I support Microsoft Department of Justice to accept the Microsoft Bill Gates should not be penalized for in the three-year-long litigation that has antitrust settlement. The issue has been reaching the top. The fact that Microsoft has drawn on, and I support the settlement that dragged out long enough and should be put to disclose internal interfaces violates its was reached in November. I sincerely hope to rest. A settlement is available and the intellectual property rights. All companies in there will be no further action against terms are fair. The government should accept America survive on their ability to Microsoft at the federal level. the settlement and move on. Many people differentiate products and services. This Microsoft has agreed to document lots of think that Microsoft has gotten off easy, in comes from innovating personal business intellectual property to its competitors, fact they have not. The settlement was practices and even technology to make a including various interfaces and arrived at after extensive negotiations with a product better than the rest. Another term of interoperability protocols. This will make it court- appointed mediator. The company settlement forcing Microsoft into increasing
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its relations with computer makers and copying of this communication is wrongful Renata Hesse, Esq. software developers essentially violates all and may subject you to civil liability. If you Microsoft Settlement free market principles, under in which have received this communication in error, January 22, 2002 businesses have the right to choose who they please immediately notify us by telephone, Page 2 work with. Uphold American freedom. I urge and return the original message to us at the MTC–00031667 your office to look out for the best interest above address via the U.S. Postal Service. of majority of the American public who Thank you. Monday, January 21, 2002 7:29 PM clearly want this thing to come to an end. 01/22/02 11:26 919 829 8098 ALLEN & To: Attorney General John Ashcroft Sincerely, PINNIX 002 From: David R. Barry Szymczak **TOTAL PAGE.02** ALLEN AND PINNIX, P.A. Hyster, 2961415 Page: 1 of 2 ATTORNEYS AT LAW Fax Name: David R, Hyster MTC–00031665 P.0. DRAWER 1270 Company: 01/21/2002 21:45 2164815977 AL LIPOLD RALEIGH, NORTH CAROLINA 27602 Voice Number: 2962150 PAGE 01 TELEPHONE: (919)765–0908 Fax Number: 2961415 Al Lipold, Attorney at LAw NOEL LEE ALLEN 60 Woodstream drive 24913 Pleasant Trail JOHN LAWRENCE PINNIX CHESTERBROOK Richmond Heights, Ohio 44143 C. LYNN CALDER Wayne, Pa 19087 Phone 216 692–0577 M. JACKSON NICHOLS Date: Monday, January 21, 2002 Fax 216–481–5977 D. JAMES JONES, JR. January 22, 2002 Total Pages: 2 January 21, 2002 MICHAEL L. WEISEL Subject: microsoft settlement Attorney General John Ashcroft ALICE S. GLOVER Name: Attorney General John Ashcroft US Department of Justice KENNETH C. DAY Company: Attorney General’s office 950 Pennsylvania Avenue, NW J. HEYOT PHILBECK Voice Number: Washington, DC 20530 ANGELA L. CARTER Fax Number: (202) 3071454 Dear Mr. Ashcroft: ALSO LICENSED IN DISTRICT OF Note: As a concerned citizen, I write you with COLUMBIA Monday, January 21, 2002 7:29 PM Renata Hesse, Esq. interest in the recent developments in the To: Attorney General John Ashcroft Trial Attorney Microsoft settlement. I find it hard to believe From: David R. Antitrust Division that after three years of negotiations, that the Hyster, 2961415 Page: 2 of 2 Department of Justice settlement is going under further scrutiny. 60 Woodstream Drive 601 D Street NW, Suite 1200 The terms of this settlement are fair and Washington, DC 20530 Wayne, PA 19087–5875 should be able to speak for themselves. Re: Proposed Settlement in Microsoft January 21, 2002 It is time to let the technology industry get Litigation Attorney General John Ashcroft underway and back to business. As we Dear Ms. Hesse: United States Department of Justice continue to go through a recession, the Let me begin by saying I am by no means 950 Pennsylvania Avenue, NW government continues to delay the very an apologist for Microsoft Corporation. In Washington, DC 20530–0001 process that will put a kick back into our fact, I believe that Microsoft has acted Dear Attorney General Ashcroft: economy. The IT sector is waiting to use this aggressively, perhaps too aggressively, This correspondence is simply intended to agreement as a guideline for advancement, against competitors in the past. More ask you, your Department and the federal and is ready to get back to work. In this importantly, I believe it is important that government to accept, adopt and implement highly competitive global market, we need to certain protections be built in to insure the proposed Microsoft settlement. This support our technology industry in any way against future anti-competitive actions. matter has gone too long and the settlement we can. However, I agree with North Carolina’s is a fair end to a foul ordeal. The plan is a Let us support our technology in any way Attorney General Roy Cooper that the compromise between the parties. As such it we can. Let us not be the ones to slow down proposed settlement strikes a reasonable is imperfect. It is, however, a functional the very process that we initiated. compromise between the ‘‘drastically means to an end desired by all but the most Sincerely, reduced liability’’ held by the Court of impartial. The plan will open up Microsoft Albin Lipold Appeals and the wishes of Microsoft and its Windows systems to its competitors and their products. Microsoft’s technology MTC–00031666 competitors for more stringent sanctions against the company. will all but be open to peer review. The 01/22/02 11: 26 919 829 8098 ALLEN & The settlement provides an enforcement government will review Microsoft’s business PINNIX 001 mechanism—including resources, access and and marketing practices, In essence Microsoft ALLEN and PIN-NIX, P.A. authority—to respond to complaints about will encourage and support its competitors. Attorneys at Law Microsoft’s compliance. It creates an It’s time we allow Microsoft to get back in POST OFFICE DRAWER 1270 independent technical committee with the the race. Our American economy is faltering RALEIGH, NORTH CAROLINA 27602 power to hire staff on-site and at Microsoft’s and our nation is in peril. We need Microsoft TELEPHONE: (919)755–0505 expense. at full speed. Thank you. I would like to add TELECOPIER:(919)829–8038 For consumers, computer manufacturers that the integrity, honesty, maturity, and FAX TRANSMITTAL and information technology providers, the dedication that you are bringing to the DATE: January 22, 2002 settlement provides guarantees of flexibility attorney generals office is refreshing and is TO: Renata Hesse, Esq. and access to technical specifications. And especially critical to our democratic process COMPANY: Antitrust Division, Department for all involved, most important, the during these challenging times. Again thank of Justice settlement provides a chance to get back to you for your effort. FAX: 202.616.9937 work at a time when our nation needs to Sincerely for renewed American FROM: Michael L. Weisel focus on restoring economic vitality and prosperity, PAGES: Cover + 2 growth. In sum, I believe the settlement David Hyster RE:Microsoft Settlement recognizes the diminishing returns that are cc: Senator Rick Santorum COMMENTS: likely to be realized by a prolongation of this Notice to Recipent litigation. Accordingly, I hope the court will MTC–00031668 The information contained in this facsimile approve the settlement. Jan 21 02 05:25p Chuck/Terri Beck message is attorney privileged and Very truly yours, 6025880044 p.1 confidential information intended only for ALLEN AND PINNIX, P.A. January 21, 2002 the use of the individual or entity named Michael L. Weisel Elizabeth T. Beck above. If the reader of this message is not the mlw/tsr 16215 N. 11th Place intended recipient, you are hereby notified 01/22/02 11:26 919 829 8098 ALLEN & Phoenix, Arizona 85022 that any dissemination, distribution or PINNIX 003 Attorney General John Ashcroft
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US Department of Justice distribute or promote any Windows important. The antitrust legislation brought 950 Pennsylvania Avenue, NW technology exclusively. These concessions out by the Department of Justice against Washington, DC 20530 are clearly a move toward helping all parties Microsoft has presented a potential threat to RE: Microsoft antitrust lawsuits involved. Microsoft is obviously working to the free market principles of this country and Dear Mr. Ashcroft: get the technology industry back to business, was to a large extent a waste of taxpayers’’ I would like to expound on a number of and, to help all parties involved in the money. The settlement is important because concerns I have in regards to the recent meantime. This is even further reason to it marks the end of it antitrust lawsuits and settlement between the support the terms of this settlement as they I believe that the settlement shows the US Department of Justice and Microsoft. First are. desire of Microsoft to do their part. Microsoft off, I think it is ridiculous that any litigation Please help to stop any further actions has made many concessions. Microsoft is began in the first place. Microsoft is the toward this agreement. Let us help get our required to disclose server protocols to cornerstone of our tech sector and has been technology industry back on track and get ensure that it cannot make Windows desktop an extremely powerful asset to our economy, back to business. software work better with its server software They have created jobs, made technological Sincerely yours, than with that of competitors. In addition, breakthroughs, and contributed to Kent Campbell the company agreed not to retaliate against educational systems. CC: Representative Barney Frank PC manufacturers or software. developers for As a consumer, I do not feel that they have promoting competing software. Microsoft infringed upon my rights at all. I use MTC–00031670 also agreed to license Windows to computer Microsoft because they deliver consistently From: ANTHONY C. GATTUSO makers uniformly, rather than offer better better products. Other vendors have not been To: ATTORNEY GENERAL JOHN pricing only to some. Microsoft has to abstain as innovative and so have not been ASHCROFT from engaging in exclusive contracts that successful. When competition has produced Date: 1/21/2002 Time: 6:44:46 PM Page 1 of would prohibit software developers or PC a better product they have been able to gain 1 makers from using competing products. market share. Microsoft offers Microsoft- 161 Sylvia Lane Providing that the Department of Justice Money on their Windows for free, yet New Hyde Park, NY 11040 has a mechanism in place to guarantee the thousands of people are paying good money January 21,2002 implementation of the settlement I believe for Intuit’s Quicken because it is a superior Attorney General John Ashcroft that it is time this whole deal is wrapped up. product. You cannot punish Microsoft for US Department of Justice Sincerely, offering Explorer for free. They merely 950 Pennsylvania Avenue, NW Mike Dubov decided to make it easier for the consumer Washington, DC 20530 MTC–00031672 by placing Internet Explorer on Windows Dear Mr. Ashcroft: operating systems. The consumer still has the We are writing to show our support of your Jan 21 02 03:34p Lloyd Mineer 425–423– option of using another browser and most of efforts to settle the litigation against 9611 the competitors’’ products are also available Microsoft. The settlement offers the 7212 Upper Ridge Road at no cost. That would be like penalizing opportunity to bring an end to the three-year Everett, Washington 98203 Snickers for offering their candy for free from resource drain that this lawsuit has been. January 21,2002 now on in all convenient stores. You would That would be of benefit to America. Attorney General John Ashcroft still be able to purchase your favorite candy, Instead of facing further litigation that US Department of Justice as you had intended when entering the store. might lead to breaking up AT & T was broken 950 Pennsylvania Avenue, NW Under English definition, monopolistic up, Microsoft has agreed to demands made Washington, DC 20530 tendencies are to inflate prices and deliver by its competitors for more openness of its Dear Mr. Ashcroft: sub par products. Microsoft has done neither! internal Windows interfaces and server I am writing today to express my opinion I urge your office to take a strong stance protocols. In addition, computer makers got that the Microsoft antitrust case be resolved against all opposition and attempt to give a what they wanted, flexibility to reconfigure as soon as possible. bittersweet ending to a tragic case of Windows to highlight their marketing needs, I was puzzled why the lawsuit was brought American greed and jealousy. and release from exclusive marketing forth to start. I was first introduced to various Sincerely, agreements, which are commonly used by browsers for the internet while I was on a job Elizabeth Beck many companies, such as Chevy preventing assignment in Canada. My ISP included its dealers from also selling Fords, and Netscape as my browser, the ISP was the MTC–00031669 McDonalds agreeing to sell only Coke soft group who made the choice not Microsoft I Jan 21 02 07:57p Kent Campbell 791–237– drinks. We think Microsoft has agreed to give was in no way restricted by Windows or 0958 P. 1 up plenty. The American computer industry Microsoft to what I would or could use. 85 Grove Street, Apt, 202 would be best put back on track, and the Netscape performance was inadequate for Wellesley, MA 02482 American economy best helped by agreeing me, in terms of technical support and January 19, 2002 to the settlement. product satisfaction. My eventual decision on Attorney General John Ashcroft, US Dept. of The settlement needs to be finalized so that what I would use was based entirely on Justice we can get our focus back on business. Thank service, technical support and product 950 Pennsylvania Avenue, NW you for your leadership on this issue. satisfaction. Every product I have received Washington, DC 20530 Sincerely, from Microsoft has been superior, by my Dear Mr. Ashcroft, Anthony Gattuso criteria, to anything purchased from any As I read more and more about the recent other supplier Microsoft settlement, I get more and more MTC–00031671 I expect because I live in Washington state frustrated about the results. I cannot believe MTS Systems Corporation the tendency will be to brush off my that this well- calculated settlement is still PowertraIn Technology Division comments. I do not work for Microsoft, do being held back. Not only was this agreement 4622 Runway Blvd. not have any relatives or friends working for part of a well thought out and well- Ann Arbor, MI 48108 them. However, I do like whatever products monitored process, but it yielded terms that Tel. 734–9731111 I purchase to work well, to be serviced well, are beneficiaI to all involved. It is clear that Fax: 734–973–1103 and to have excellent technical support so we must support this agreement and get www.mtsptcom that I may do my job in the most efficient and everyone back to business. January 21, 2002 least hassles as possible. Microsoft has Some of these key changes include Attorney General John Ashcroft always done that for me. If the guys who are Microsoft’s designing future versions of United States Department of Justice complaining would spend more time in Windows that will allow for easier Washington, DC 20530–0001 improving their products and technical installation of non- Microsoft software. Along Dear Attorney General Ashcroft: support they would be better served. I was with this, they have agreed to not enter into The settlement reached between the pleased to hear last November that a any agreement obligating any third party to Department of Justice and Microsoft is very proposed settlement had been reached which
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provides the best opportunity for resolution US Department of Justice, 950 Pennsylvania Department of Justice. For over three years so far. I would like it to be implemented soon Avenue, NW the two sides fought back and forth, and so that we may put this entire issue behind Washington, DC 20530–0001 Dear Mr. wasted valuable time and taxpayer dollars. us. Ashcroft: Now that an agreement has been reached, I Jan 21 02 03:35p Lloyd Mineer 425–423– Dear Mr. Ashcroft: hope that the American IT industry and the 9611 p.2 We are strong supporters of Microsoft, and economy will perform better. The settlement The proposed settlement does not let are glad that the Justice Department has paves the way for a stronger IT industry and Microsoft off easy. In fact, its terms extend settled its three-year antitrust lawsuit against economy. Microsoft has played a big part in to products and business practices that were this company. We never agreed with the that. They have agreed to turn over internal not even at issue in the original lawsuit. One lawsuit from the beginning, and after more interface data and source code to their obligation on Microsoft’s part is to disclose than three years of costly litigation, we hope Windows operating system to their source code and interfaces that are internal the case is finally over at the federal level. competitors. This will allow for increased to Windows operating system products. Microsoft is a strong company with competition between companies. It will also There is no need to continue litigation; this innovative ideas, and for this it should not provide the necessary compatibility between settlement is already more than fair and be punished. Even so, the company has competing software, which will help spur the reasonable. agreed to share information with its industry. I ask that the November settlement be competitors, as well as not to retaliate against This settlement is a great deal for everyone implemented without further delay. It is time those computer makers and software involved. I hope that it will bring an end to to let the IT industry and its leading developers that will use this new information further litigation against Microsoft. I support innovator get back to work. Thanks for your to promote non-Microsoft products within the settlement. It is in the best interests of the time and consideration. the Windows operating system. The business industry and the economy. Sincerely, operations of Microsoft will now be watched Sincerely, Lloyd Mineer over by a technical oversight committee, and Shadi Bakhtiari any company that believes Microsoft is acting MTC–00031673 in an anti-competitive manner will be able to MTC–00031676 01/21/2002: 19:10 2529463108 bring a complaint to this committee. These Jan 21 02 04:53p CHAMBER OF COMMERCE SEILER ZACHMAN ROBIN PAGE 01 SEILER concessions are sufficient to end this 3615920866 p.1 ZACHMAN ROBINSON & CO., P.A. litigation. KINGSVILLE Kingsville Certified Public Accountants and Financial We believe it is in the best interest of CHAMBER Consultants America to settle this case. Consumers will OF COMMERCE P.O.Drawer l628 benefit, the technology industry will benefit, January 21, 2002 144 W. 2nd Street and continuing on with the case will only be Renata Hesse, Trail Washington, NC 27889 a detriment to the nation’s economy. Thank Attorney Antitrust Division (252) 946–8052 Phone you for deciding to settle, it is the right Department of Justice (800) 682–0700 Watts choice for our country at this time. 601 D Street NW, Suite 1200 (252) 946–3108 Fax cc: Representative F. James Sensenbrenner, Washington, DC 20530 Dennis W. Seiler, CPA Jr. Dear Ms. Hesse: William M. Zachman, CPA Sincerely, I am writing to register my support for the Tommy J. Robinson, CPA John Becker proposed settlement of the Microsoft Kary S. LaBarbera, CPA Bonny Becker antitrust lawsuit. If the suit brought by the David F. Singleton, CPA Department of Justice and several state MTC–00031675 January 21, 2002 attorneys general can be brought to an Attorney General John Ashcroft JAN-2l-02 02:47 PM BEHSHAD BAKHTIARI agreeable conclusion, it seems reasonable for US Department of Justice 3407056 P.01 the court to take this direction. 950 Pennsylvania Avenue, NW SHADI D. BAKHTIARI It seems as though several concessions Washington, DC 20530 21620 BURBANK BOULEVARD, UNIT 1 Microsoft is being asked to make verge on the Dear Mr. Ashcroft: WOODLAND HILLS,CA 91367 violation of their intellectual property right, I am writing to state that I support the TELEPHONE: (818)340–7056 a system crucial to research and development settlement between the Justice Department FACSIMiLE: (818)340–7056 by all Americans. Should the Court rule and Microsoft 100%. I think all of the other FACSIMILE TRANSMITTAL SHEET against Microsoft and apply further states that are holding out should settle and TO: Attorney General John Ashcroft FROM: sanctions, it would undermine the patent I think no further action should be taken by Shadi D. Bakhtiari process, which protects the development of the Justice Department in this case. COMPANY: US Department of Justice DATE: innovations in American industry and The settlement was reached after extensive 1/21/01 technological history. negations with a court- appointed mediator. FAX NUMBER:1–202–307–1454 TOTAL NO. I am sure that this is not the intent of the I find the terms to be fair and reasonable for OF PAGES INCLUDING COVER Court, but to go beyond the terms of the the parties involved. Microsoft has agreed to PHONE NUMBER: SENDER’S REFERENCE settlement worked out by the Department of terms that exceed the charges in the case and NUMBER: 2 Justice and Microsoft would not be in the they have agreed to the establishment of a RE: Microsoft Settlement YOUR REFERENCE best interests of American ingenuity, not to three person technical committee, which will NUMBER: mention consumer satisfaction. monitor Microsoft’s compliance with the URGENT xFOR REVIEW PLEASE Sincerely, case. The agreed terms should be enough to COMMENT PLEASE REPLY PLEASE Peggy G. Hayes, Executive Director keep Microsoft out of court. I hope that the RECYCLE NOTES/COMMENTS: Kingsville Chamber of Commerce government will discontinue their pursuit of JAN-21–02 02:48 PM BEHSHAD BAKHTIARI P.O. BOX 1030 * 635 East King * Kingville, Microsoft, and move onto other things. 3407056 P.02 Texas 78363 Sincerely 21620 Burbank Boulevard Apt. I 361/592–6238 * Fax 361/592–0866 Tom Robinson Woodland Hills, CA 91367–6467 January 15,2002 MTC–00031677 MTC–00031674 Attorney General John Ashcroft JAN-22–2002 09:46 PM P.01 Jan 21 02 04:44p Bonny Becker 1–262–241– US Department of Justice Jan-11–02 07:58A P.01 4381 p.1 950 Pennsylvania Avenue, NW State of New Hampshire John & Bonny Becker Washington, DC 20530–0001 HOUSE OF REPRESENTATIVES 114 W Miller Drive Dear Mr. Ashcroft: CONCORD Mequon, WI 53092 This letter is to go on record as being a January 11, 2002 January 17,2002 staunch supporter of the settlement that was Trial Attorney Renata Hesse Attorney General John Ashcroft reached between Microsoft and the Antitrust Division of the Department of
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Justice 2’’ proposed remedies as being ‘‘punitive,’’ Christie Knittel Mabry, Ed&D. 601 D Street NW, Suite 1200 indicates just how arrogant Microsoft has 1240 Greystone Park Drive Washington, DC 20530 become. They were found guilty of illegal Raleigh, NC 27615 Dear Attorney Hesse: behavior and their guilt was upheld on January 17, 2002 I am writing to you for the file on public appeal. The trial has now reached the stage Renata Hesse comment in the case of U.S. v. Microsoft in where Microsoft’s illegal conduct is to Trial Attorney support for the agreement. punished and Microsoft still maintains they Antitrust Division I am concerned that the United States should not be punished at all! Microsoft’s Department of Justice government is taking the antitrust legislation willingness to accept the proposed settlement 601 D Street NW, Suite 1200 too far in this case. As a state representative, is, in itself, proof that the settlement would Washington, DC 20530 I am wary of government involvement in the do nothing to punish Microsoft. Microsoft Case marketplace. There is a fine line between The final outcome of the trial must As a researcher and college professor, I use regulating business and controlling it. That is accomplish three things: technology on a daily basis. Having an why I believe that before the Government‘s 1) Punish Microsoft for its illegal conduct integrated easy-to-use software system is a involvement increases anymore than it 2) Compensate victims of Microsoft’s critical for a productive work environment. already has. I hope you will end it. illegal conduct Microsoft software allows access to a variety It’s true that Microsoft is a large company, 3) Constrain Microsoft from acting illegally of products. The proposed consent decree but its creativity and invention has worked in the future. The proposed settlement in its with the Department of Justice will allow to help businesses and individuals, not harm current form addresses none of these issues Microsoft to continue developing new them. They are helping Americans to obtain in a meaningful way. More important than products while at the same time giving knowledge and pursue their individual goals. the actual remedies themselves, however, is Microsoft competitors some remedies for This kind of ingenuity should be rewarded, the compliance mechanism for the final access to technical specifications and greater not persecuted by the federal government. judgment. Microsoft has already shown its flexibility in installing non-Microsoft 2001 was a challenging year for all of us. willingness to ignore court-mandated products in the windows operating system. I believe there are many urgent issues for the behavioral remedies. They have written While this settlement does not entirely government and judicial system to focus on enough loopholes into the proposed satisfy any of the parties involved in the lawsuit, it does include important at this time. Productive companies such as settlement to insure that they can do so again protections for consumers, computer Microsoft should not be one of these. with impunity should the settlement be manufacturers and software developers. One Thank you for your time and approved. Whatever remedies the court important aspect is the establishment of a consideration. imposes must be so crafted as to eliminate technical Committee that will monitor Sincerely, any wiggle room for Microsoft. It must be Microsoft’s compliance with the settlement. Kevin Chalbeck clear to all parties at all times whether A third party who has concerns about State Representative Microsoft is in compliance or not. For this Microsoft’s compliance will be able to file a Rockingham District 8 reason, Microsoft should have no input into complaint. the specific makeup of the compliance panel, TDD Access Relay NH 1–800–735–2964 Certainly trying to reach a compromise is nor any input into the determination of MTC–00031678 difficult, but it is important to our country to compliance. The compliance panel must be end the litigation and get technology From Mark Knoll (734) 482–9439 Tue, Jan 22, completely independent and free of companies focused again on building our 2002 9:18 AM Microsoft’s influence. economy. Prior to taking my current position, Page 1 of 2 The Court, at the recommendation of the I worked with technology-related businesses. FAX compliance panel, must impose significant I saw the impact economic retrenchment has TRANSMISSION penalties for non- compliance up to and not only on companies but also on Date: 22 January 2002 including a ‘‘death penalty’’ for repeated individuals. To: Renata Hesse, Trial Attorney violations. I suggest a three-strikes- and- Thank you for consideration of this matter. Antitrust Division, US Department of Justice you’re-out policy. The first finding of non- Sincerely, Suite 1200 compliance should be countered with a Christie Knittel Mabry. Ed. D. Fax: 202–616–9937/202–307–1545 monetary fine in the billion dollar range, the From: Mark W. Knoll second with a monetary fine in the ten MTC–00031680 8500 Ashton Court billion dollar range. The third finding of non- Attorney General John Ashcroft Ypsilanti, MI 48198 compliance would result in a court-ordered United States Department of Justice Fax: 734–482–9439 ban on the sale in the US of all software 950 Pennsylvania Avenue, NW E-mail:[email protected] determined to be out of compliance, and the Washington, DC 20530–0001 Re: Public comments concerning the rendering of all contracts to sell such Dear Attorney General Ashcroft: proposed settlement of the Microsoft software null and void. I propose as well the This correspondence is simply intended to antitrust case. incarceration of senior Microsoft officials for ask you, your Department and the federal Number of pages(including cover sheet): 2 contempt of court in the event of three government to accept, adopt and implement From Mark Knoll (734) 482–9439 Tue, Jan findings of non-compliance. the proposed Microsoft settlement. This 22,2002 9:18 AM Page 2 of 2 I respectfully submit that the proposed matter has gone too long and the settlement Tuesday, 22 January 2002 settlement benefits no one except Microsoft. is a fair end to a foul ordeal. The plan is a To whom it may concern: I urge the Court to reject it and to devise a compromise between the parties As such it I write today to express my strong penalty that will severely punish Microsoft is imperfect. It is, however, a functional conviction that the proposed settlement to for the massive harm caused by their illegal means to an end desired by all but the most the Microsoft antitrust case is not in the conduct. The Court has suggested that impartial. The plan will open up Microsoft public interest. The remedies contained expediency in resolving this case is in the and its Windows systems to its competitors therein are far too lenient in comparison to national interest. A flawed resolution in the and their products. Microsoft’s technology the degree to which Microsoft’s guilt was name of expediency, however, will be far will all but be open to peer review. The proven in court and upheld upon appeal. more damaging to our national interests. government will review Microsoft’s business The remedies proposed by the ‘‘Track 2’’ Sincerely, and marketing practices. In essence Microsoft states represent a much more appropriate Mark W. Knoll will encourage and support its competitors. starting point than the proposed settlement 8500 Ashton Court It’s time we allow Microsoft to get back in for reining in Microsoft’s anti-competitive Ypsilanti, MI 48198 the race. Our American economy is faltering behavior, but even these more stringent and our nation is in peril. We need Microsoft remedies do not go far enough to restore a MTC–00031679 at full speed. Thank you.’ level playing field in the computer industry. FROM : FAX NO. : Jan. 22 2002 10:06AM PI cc: Senator Rick Santorum Microsoft’s December 12th, 2001 filing with 01/20/2002 11:48 919–844–1573 MABRY I would like to add that the integrity, the Court, in which they object to the ‘‘Track PAGE 01 honesty, maturity, and dedication that you
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are (illegible) and is especially crtical to our has agreed to terms that extend well beyond Phone (972) 887–0173 (illegible) the products and procedures that were Fax (972) 887–9775 Thank you for your effort. actually at issue in the suit. Microsoft has DEAN CHITTENDEN D— Sincerely for renewed American agreed to many concessions simply to settle [email protected] 4637 (illegible) the issue and move on. The government O’CONNOR CT. David should accept the settlement and allow IRVING, TEXAS 75062–3740 cc: Senator Rick Santorum Microsoft to move forward. PHONE: (972) 887–0173 FAX: (972) 887– Sincerely, 9775 MTC–00031682 Anthony W. Birdsall JAN 21 2002 20:39 FR PEPSI BOTTLING MTC–00031690 MTC–00031688 CROUP 412 741 2390 TO 12023071454 01/22/2002 13:43 5082485012 PAGE 01/01 P. 01/01 01/21/02 MON 19:39 FAX 4058481095 001 Bement Camp and Conference Center 1411 Eagle Point Drive 4637 O’Connor Court P.0. Box 156, 73 Jones Road Southpoint, Pennsylvania 15317 Irving, TX 75062 Charlton Depot, MA 01509 January 17, 2002 January 21, 2002 Phone: 508.248.7811 FAX: 508.248.5012 Attorney General John Ashcroft Attorney General John Ashcroft Web Site: WWW.BementCenter.com US Department of Justice US Department of Justice January 21, 2002 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue, NW Attorney General John Ashcroft Washington, DC 20530 Washington, DC 20530 US Department of Justice Dear Mr. Ashcroft: Dear Mr. Ashcroft: 950 Pennsylvania Avenue, NW I am writing you this brief letter to urge The more I read about the Microsoft Washington, DC 20530–0001 you to expedite the settlement of the settlement the more I get frustrated about its Dear Mr. Ashcroft: Microsoft case. This case’s merits were, I current status. The terms of this agreement First of all I want to thank you for your believe, questionable at the outset but no one are bold steps toward bringing our IT sector work these past 13 months during an can question the generosity of the together, and should be supported in any unprecedented time for our country. concessions Microsoft has agreed to in order way possible. These terms reflect three years Please know that in addition to President to settle this case. of well thought out negotiations, and are Bush, you have also been in my prayers. You In return for maintaining its corporate truly in the best interest of all involved- Let and the Bush team have brought back a sense integrity, Microsoft has agreed to revamp its us help to support this settlement by of honor and decency to our most important entire marketing philosophy. It will no longer stopping any further actions against it. political institution, the presidency. demand Windows software exclusivity in its Not only has Microsoft agreed to make Thank you!!! Windows platforms. In fact it reconfigure changes in licensing and marketing, but has I would like to take advantage of this Windows to promote other manufacturers’’ agreed to design fixture versions of Windows public comment period and give you my software. It will share technology with its that will allow for easier installation of non- thoughts on the Microsoft/DOJ settlement. competitors. It will license Windows systems Microsoft software. Beyond this, Microsoft From the very beginning I was dismayed that products to major computer manufacturers at has agreed to disclose various interfaces that a company that has done so many positive uniform rates and terms. It has, in fact, are internal to Windows operating system things for my organization and me could be committed itself to embracing competition products. These concessions are steps toward interfered with to such a great extent. I have from the rest of the industry. I believe this a more unified IT sector, and definitely never seen that Microsoft has done any harm more than adequate to meets its critic’s promote working together. By doing this, we to consumers, quite the opposite in fact, I can demands. Microsoft is not just a giant in its allow our technology industry to hold its however vouch for their remarkable field; it has been the main engine in the place in this highly competitive global contributions to our lives and our economy. creation of a new international industry. To market. Let us help to get this settlement lf you look at the marketplace numbers, our maim it or hinder its productivity would be moving so that we can get our economy back economy began a serious downfall with the folly. on track. Sincerely, Let us not be the ones to put a stop to the very beginning of this lawsuit. Heather Geisler same process that we initiated to begin with. I run a nonprofit organization and through ** TOTAL PAGE.01 ** Why fight this battle that has already been Microsoft’s programs for non-profit’s, we one. Let us stop any further actions against have been able to save a great deal of money MTC–00031684 this agreement, and get back to business. and have consequently been able to serve Monday, January 21,2002 5:34 PM Sincerely, countless more underprivileged citizens in To: Attorney General John Ashcroft From: Dean Chittenden the process. While this settlement is rather Tony Birdsall, detrimental to Microsoft, it is however more 384–1531 Page: 1 of 1 MTC–00031689 than fair and will certainly address the P.O. Box 970 01/21/02 MON 19:38 FAX 4058481095 001 problematic issues alleged in the lawsuit. Ferndale, WA 98248 FACSIMILE TRANSMITTAL SHEET Microsoft will be giving away a great deal of January 18, 2002 TO: JOHN ASHCROFT FROM: DEAN their source codes, internal interface design Attorney General John Ashcroft CHITTENDEN and server protocols. They will be giving US Department of Justice FAX NUMBER: (202) 307–1454 consumers more choice to use their 950 Pennsylvania Avenue, NW DATE: January 21, 2002 competitors‘ products within the Windows Washington, DC 20530–0001 COMPANY: DEPARTMENT OF JUSTICE// operating system and will be making more Dear Mr. Ashcroft: ATTY responsible agreements with OEM’s so as to I am writing today to urge the Department TOTAL NO. OF PAGES INCLUDING COVER: make it more feasible for them to distribute of Justice to accept the Microsoft antitrust 2 non-Microsoft products. settlement. Microsoft has given up a lot in GENERAL PHONE NUMBER: (303)320–0563 I sincerely hope that our Justice order to settle the suit and put the issue SENDER’S REFERENCE NUMBER: Department will keep consumer interests in behind them. I would like to see the RE: MICROSOFT YOUR REFERNCE mind when making a decision. This government accept the settlement and allow NUMBER: settlement needs to be accepted to ensure the technology industry to move on. URGENT X FOR REVIEW PLEASE that our computer industry will be able to Many people think that Microsoft has COMMENT PLEASE REPLY PLEASE flourish again. Our economy depends on our gotten off easy. Truth be told they have not. RECYCLE technology sector; please finalize this Microsoft has agreed to allow computer NOTES/COMMENTS: settlement for the good of all involved. makers to install and promote any software Dear Sir: Sincerely, that they see fit while offering Microsoft Please see attached letter. Mark Rourke software at a uniform price. In addition to the Thank You Director agreement with computer makers, Microsoft Dean Chittenden Bement Center
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MTC–00031691 should not have been brought forth by the Microsoft has agreed to make several 01/22/02 TUE 09:32 FAX 775 8243766 PMA– Justice Department in the first place. Any adjustments to its products to ensure that SF 001 further pursuit of this matter will only be a competitors can attach their software MARITECH vast waste of time, tax dollars, and human products to Microsoft Windows. I’m happy CORPORATION resources. because this means that Microsoft will January 15, 2002 The settlement is both fair and reasonable continue to support and enhance Windows! Attorney General John Ashcroft for all of the parties involved. Microsoft is Microsoft has also agreed to allow a neutral US Department of Justice, 950 Pennsylvania not getting off easy in this antitrust case. committee to monitor their compliance with Avenue, NW They have made many compromises in their all aspects of the agreement. Washington, DC 20530–0001 business practices and with product I believe further prolonging of litigation Dear Mr. Ashcroft: development. Please accept this settlement concerning this case can only serve to harm on behalf of the American public. I am quite sure that there have been many the consumer, the IT industry and the Sincerely people writing you about this settlement that nation’s economy. I look forward to a quick Kathleen Shook are more directly involved in the business of and fair settlement. Thank you. cc: Senator Kick Santorum software and networking than am I. Unlike Sincerely, most of those people, I am writing as a MTC–00031693 Ed Baron simple business user of software, and have Cc: Representative J. Dennis Hastert Jan-22–02 11:21A Westglenn Software 205 Gemeini Graphics, Inc. Gemini Digital, Inc. no particular axe to grind one way or the 423 0199 P.01 other. However, I am writing to express both 860 West Lake Street, Suite 606 Roselle, westgleni Illnois my support as well as my perspective on this the business illtelligence company issue. 60172–2891 630.894.9430 voice January 19, 2002 630.894.9460 fax [email protected] Business users like me have for a long time Attorney General John Ashcroft had many options and choices of a wide US Department of Justice MTC–00031695 range of software products to assist our Washington, DC 20530 01/22/2002 10:08 4803801133 company’s productivity and reporting www.usdoj.gov accuracy. Many of us would prefer the DIAMONDWARE LTD PAGE 01/01 Dear Mr. Ashcroft, DiamondWare relative ease of using products specifically I have been following the litigation that has designed for integration into the operating HIGH PERFROMANCE occurred because of the antitrust suit against SOFTWARE system that we use at our workstations, as Microsoft, and I have come to believe that well as on the company network. Microsoft 10516 E. Flower AVE this issue is digging deeper and deeper into Mesa, AZ 85206 has provided this integration-by-design and, the taxpayers’’ pockets. The suit has managed while there are many fine software products Phone: (480) 380–1122 to halt delivery of the advanced technology Fax: (480) 380–1133 that are available to perform the same to the market. The Justice Department and functions, I have always found it simpler to Web Site: Microsoft have reached a settlement wwv.dw.com take advantage of Microsoft’s integrated regarding the suit that is designed to be Renata B. Hesse software. beneficial to both the IT industry and the Antitrust Division What this lawsuit would have done if it consumer. U.S. Department of Justice had gone on with respect to due use of many The settlement will end a state of VIA FACSIMILE: (202) 307–1454 Microsoft products is, of course, unclear. uncertainty in the technology sector and Jan 22, 2002 However, it would be safe to assume that this promote consumer confidence. Microsoft has Re: Microsoft Settlement software integration would have been one of agreed to make all future versions of its Ms. Hesse: the first casualties of any court judgment. It Windows operating system to be compatible I am writing to express my opinion on the is therefore a good thing that this lawsuit has with non-Microsoft software. Microsoft has Microsoft Settlement, and indeed on the settled and this issue has not seriously also agreed not to retaliate against any affected our business software. computer makers that may ship software that whole case. First, I do not believe that the Sincerely, would compete with Windows. case should have been brought. Originally, Michael Snow This suit has contributed to the stagnant the case was filed at the urging of its envious SystemEngineer state of the technology field. Microsoft needs competitors. It is important to note that CC: Senator Harry Reid to be allowed to return to innovation, so it Microsoft’s customers and partners did not MARITECH CORPORATION * 1495 can do its part to help the nation move have a complaint. Ridgeview Drive, Suite 110 * Reno, NV forward. I strongly urge you to finalize this First, I will speak for myself as a consumer 89509 suit so the country may focus on more of Microsoft’s products. I remember the old Voice: (775) 824–3777 * Facsimile: (775) pressing matters. days before Windows had standardized the 824–3766 * http/www.maritecheervicee.com Simcerely, graphical interface. I think it was even more important that Microsoft standardized MTC–00031692 Jeff Trotman President hardware device drivers. Installing a new Jan-22–02 12:18P P.01 Cc: Representative Spencer Bachus printer was difficult, even for computer 120 Bethany Drive 2100 SouthBridge Parkway Suite 260 experts. There was a dearth of hardware, McMurray, PA 15317 Birmingham, AL 35209 partly because the vendors had much larger January 23, 2002 Tel 205.423.0100 Toll-Free 800.711.5153 and much more complex job to provide Attorney General John Ashcroft Fax 205.423.0199 drivers. Clearly, the consumer has benefited US Department of Justice greatly from a standardized and easier way in 950 Pennsylvania Avenue, NW MTC–00031694 which hardware vendors can provide Washington, DC 20530 Sent By: GEMINI; 630 694 9460; Jan-22–02 software to support their hardware. Re: Microsoft 11:46AM; Page l/l Second, I am also the CEO of a software Dear Mr. Ashcroft: Gemini development company. At times, our As a concerned citizen of the United January 22, 2002 products have become devalued due to a States. I am writing to let you know how I Attorney General John Ashcroft Microsoft product release. Does this mean feel about the settlement between Microsoft US Department of Justice that I think that the force of government and the Department of Justice. I support the 950 Pennsylvania Avenue, NW should be wielded to make Microsoft not settlement that has been reached in this case. Washington, DC 20530–0001 compete against a small company like This settlement is long overdue, since the Dear Mr. Ashcroft, DiamondWare? NO!!! I would not want to case has been an ongoing battle by the I am pleased to hear that the government live in the sort of country that would destroy govemment for three years. It serves no has reached a proposed settlement to the Microsoft for DiamondWare’s sake. useful purpose to continue with litigation Microsoft antitrust case. I hope to see it What would that mean for car companies, against Microsoft. I believe that this case finalized soon. airlines, pharmaceuticals, food, and all of the
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other kinds of goods and services that I company. The states that refuse to sign on to (973) 560–1942 fax consume? In each case, the more successful the settlement are being extremely www.dynasuite.com companies would be held back, for the shortsighted. January 20, 2002 alleged benefit of the less. My choice among The settlement is fair, changing the way Attorney General John Ashcroft these products would be under attack Stalin’s Microsoft licenses and designs software, and Department of Justice Soviet Union is a good example of the sort it is a far better alternative to continuing the 950 Pennsylvania Avenue, NW of place which fully and consistently lawsuit. Please do whatever it takes to see Washington, DC 20530–0001 attacked the good for being the good. that it gets finalized. Thank you. Dear Mr. Ashcroft, In conclusion, I urge you to drop the case Sincerely, I am writing in regards to the Microsoft altogether. Microsoft and its investors have Kristi LeaMaster antitrust case. Let me begin by saying that I already suffered many billions of dollars of President do not agree with everything that Microsoft damages due to this specious case If has done, but I understand that in a capitalist dropping the case is not legally possible any MTC–00031697 economy, the market will choose who is more, then seek to do the least damage JAN–23–02 12:38 AM P. 01 granted success. There may be issues of the allowable by law, and let Microsoft move 304 Linwood Drive antitrust case that have merit, but we should forward without this threat hanging over Jacksonville, NC 28546 fix these problems and move on. The longer their heads any longer! January 22, 2002 this case goes on, the more that lobbyists’ Thank you. Attorney General John Ashcroft concerns are put before the end users.’ The Keith Weiner US Department of Justice Department of Justice and Microsoft have President 950 Pennsylvania Ave, NW reached a settlement agreement that has Washington, DC 20530 already been approved by nine states. This MTC–00031696 Dear Attorney General Ashcroft: settlement is both fair and reasonable, and Sent By: KI Systems, Inc.; 360 668 9884; Jan- I do not believe that the case against the fact is that under the settlement. 22–02 9:33AM; Page 1/2 Microsoft is merited. The antitrust lawsuit Microsoft will grant computer makers new KI SYSTEMS, INC. was more political than anything else. abilities to reconfigure Windows to access 9310—176TH STREET S.E. Microsoft is not guilty of anti-competitive non-Microsoft software. For software SNOHOMISH, WA 98296–5028 behavior. Given these sentiments, however, I companies, Microsoft has agreed to TELEPHONE: (425)402–0791 do support the settlement that was reached document and disclose for its competitors FACSIMILE: (360)668–9861 as it represents resolution for this issue. various interfaces that are internal to FAX Cover Sheet The settlement carries with it many terms; Windows’ operating systems products. This January 22, 2002 under the settlement, Microsoft agrees to will make the software more efficient, and, as TO: Company: Telephone No.: disclose the internal interface of Windows. mentioned, the hardware makers will be able ≤Attorney General John US Department of This will allow developers access into the to access it easier. That will spur Justice 1–202–307–1454 processing of the system. Users will now be competition. Ashcroft able to reconfigure their operating systems to It doesn’t make sense to spend scarce From: Kristi L. LeaMaster Number of Pages: their liking beginning with the interim resources on issues that have already been 2 (including this page) release of Windows XP. Additionally, resolved. This case has been harmful to the Regarding: Microsoft Settlement Microsoft will level the playing field in the economy and has forced the industry leader Comments: technology market by adhering to a uniform to turn their focus from innovation to Sent By: KI Systems, Inc. 360 668 9864; Jan- pricing list when licensing out Windows to litigation. It is time to resume business as 22–02 9:33AM; Page 2/2 the twenty largest computer makers in the usual. Let the competitors compete and the KI SYSTEMS, INC. nation. leaders lead. The consumers should decide 9310—176th Street S. E. Once more, I voice my support for the what companies will succeed, not the SNOHOMISH, WA 98296–5038 settlement. The issue is finally resolved. government. TELEPHONE: (425) 402–0791 Moving this settlement forward is the best Sincerely, FACSIMILE: (360) 668–9864 course of action for our nation. Thanks. Steven J. Rovell January 18, 2002 Sincerely, Chief Information Officer Attorney General John Ashcroft ss an innovation of Performance Software, US Department of Justice Inc. 950 Pennsylvania Avenue, NW MTC–00031698 Washington, UC: 20530–0001 01/17/2002 11:45 13735681942 MTC–00031699 Dear Mr. Ashcroft: PERFORMANCE S0FTWARE PAGE 01/ 01/22/02 TUE 11:OO FAX 512 327 6384 001 I was opposed to the government’s 02 ALLIED INTERESTS INC. antitrust lawsuit against Microsoft Corp., but Fax Cover Sheet ALLIED INTERESTS INC. was pleased and surprised when a settlement Performance Software, Inc. FAX was finally reached last November. 611 Route 46 West COVERS SHEET In my humble estimation, the Justice Hasbrouck Heights, NJ SEND TO: Department’s allegations against Microsoft Date : January 22, 2002 Time: 12:16 PM FROM: ATTORNEY GENERAL ASHCROFT were entirely unfounded and lacked a basic Pages: 2 JON H. STARNES grasp and understanding of 21st century To :John Ashcroft COPY SENT: technology issues. Unfortunately, officials in Company :US Government OFFICE LOCATION: Austin. Texas the previous Justice Department Fax Number :202–3 07– 1454 REGARDING: administration insisted upon applying Phone: DATE: antitrust law that was written over one From :Steve Rove11 MICROSOFT January 22, 2002 hundred years ago for ‘‘smokestack’’ Phone: 201–288–8100 FAX NUMBER: 202.307.1454 industries, such as steel and oil, to a 21st Fax: 201–288–3001 EMAIL: [email protected] century software company. This misguided Subject :Microsoft Settlement ( ) The original of this transmittal will be approach was doomed from the outset and Please see attached. sent by: ( ) U.S. Mail ( ) Messenger ( ) should have never gotten its far as it did. Thank you. Overnight Mail Finally, three years later, at a cost of untold 01/17/2002 11:45 19735601942 (X) This will be the only form of delivery millions to the taxpayers of America, a PERFORMANCE SOFTWARE PAGE 02/ of this transmittal. settlement has been reached. If not for 02 TOTAL PAGES. INCLUDING COVER: 2 Microsoft wanting to get this nightmare over Dyna Suite on the web COMMENTS with and therefore accepting the 188 Roule 10 West, Suite 311 816 TERRACE MOUNTAIN DR. government’s settlement offer, the East Hanover, New Jersey 07936 * AUSTIN, TEXAS 78746.2843 government would probably still be suing the (973) 560–1930 phone * 512.327.6318
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* FAX 512.327.6384 Attorney General John Ashcroft continuing shadow of government 01/22/02 TUE 11:OO FAX 512 327 6354 US Department of Justice, interference. The fact is that news of an ALLIED INTERESTS INC. 002 950 Pennsylvania Avenue, NW impending settlement lifted the share price of JON H. STARNES Washington, DC 20530–000 1 technology companies across the spectrum, VIA FACSIMILE–202/307–1454 Dear Mr. Ashcroft, including Microsoft’s rivals. AOL, Time January 21, 2002 I am writing to add my comments to the Warner, Sun, Oracle, IBM—they all saw their Attorney General John Ashcroft many that your office is no doubt receiving stocks jump. Most attorneys are not US Department of Justice regarding the settlement between the economists, and the economics of settlement 950 Pennsylvania Avenue, NW Department of Justice and Microsoft. I cannot were made clear by the markets. Public Washington, DC 20530 help but think that, should this lawsuit have sentiment, from consumers to businesses to Dear Mr. Ashcroft: dragged on any further, there would have investors, favors settlement, I congratulate I want to encourage the DOJ to accept been serious and damaging repercussions to you on developing a strong but fair Microsoft’s antitrust settlement. The terms of all other businesses engaged in the IT field. settlement and support your efforts to create the settlement appear to be fair and equitable. Fortunately, this settlement was reached at a a settlement that is in our nation’s best It is time to stop wasting our taxes and put time where such repercussions were thus far interest. Thank you for your time, and please this issue to rest. Microsoft has agreed to at a minimum, and the most serious effects feel free to contact me if I can be of assistance several concessions the DOJ requested and it dealt with a faltering of consumer to you in any way. is time for the government to end this issue. confidence. Sincerely, For several years the socialist in our Many people have long been annoyed at Richard L. ‘‘Dick’’ Roeding, R.Ph. government have been trying to break up Microsoft’s policy of disallowing any Kentucky Senate President Pro Tern Microsoft. The government has spent more competitive software to be pre-loaded with TOTAL P. 01 time trying to destroy one of America’s finest its Windows OS, but this settlement assets than it has spent in trying to locate Bin addresses that issue. It standardizes the MTC–00031702 Laden. licensing arrangements for the 20 largest TO : PHONE NO. : 12023071454 JAN.21.2002 Please accept the Microsoft antitrust hardware companies, and thereby generates 10:00PM P 1 settlement. competition for consumers. FROM : MILLER PHONE NO. : 805 832 1414 Sincerely, I am writing in support of the settlement, 2216 Manning Street ss and hope that this sort of litigation does not Bakersfield, CA 93309 816 TERRACE MOUNTAIN DRIVE happen again. January 21, 2002 * AUSTIN. TEXAS 78746 Sincerely, Attorney General John Ashcroft * 512/327–6310 Viet Vo US Department of Justice * FAX 512/327.6304 Network Engineer 950 Pennsylvania Avenue, NW ** TOTAL PAGE.02 ** Washington, DC 20530 MTC–00031700 Dear Mt. Ashcroft: JAN 22 ‘‘09 10:08 MTC–00031701 I have followed with interest the Microsoft FR TRAPEZE SOFTWARE GRP JAN-22–2002 12: 27 SENATE LEADERSHIP and Department of Justice antitrust case. I am 480 627 3411 502 564 0456 P. 01/01 appalled that this case was ever brought TO 12023071454 COMMONWEALTH OF KENTUCKY against Microsoft, But at the same time, I am P.01/02 DISTRICT OFFICE not surprised. Bill Gates, through Microsoft, January 18, 2002 204 CAPITOL ANNEX has revolutionized the computer industry. I Attorney General John Ashcroft 2534 KEARNEY COURT can remember when there was total US Department of Justice, FRANKFORT. KENTUCKY 40601 incompatibility between the hardware 950 Pennsylvania Avenue, NW LAKESIDE PARK. KENTUCKY 41017 boards, and computer software programs. It Washington, DC 20530–0001 502–564–3120 was terrible. Nothing worked. Bill Gates then Dear Mr. Ashcroft, 859–331–1684 came along. Microsoft worked consistently to I am writing to add my comments to the 502–564–0456 FAX increase computer board compatibility. many that your office is no doubt receiving 859–331–1238 FAX MESSAGE LINE Microsoft standardized computer software, regarding the settlement between the 800–372–7101 increasing software compatibility. No wonder Department of Justice and Microsoft. I cannot [email protected] E-MAIL there is jealousy. No one else did this, or help but think that, should this lawsuit have [email protected] could do this. His competitors, seeking to dragged on any further, there would have RICHARD L.‘‘DICK’’ ROEDING, R.Ph. rein the company in, brought suit against the been serious and damaging repercussions to PRESIDENT PRO TEM OF THE SENATE company. The previous administration, with all other businesses engaged in the IT field. January 22, 2002 its own peculiar view of what constitutes a Fortunately, this settlement was reached at a Renata B. Hesse successful company, joined the parade. time where such repercussions were thus far Antitrust Division Microsoft has more than done its share to at a minimum, and the most serious effects U.S. Department of Justice end this lawsuit and accommodate the dealt with a faltering of consumer 601 D Street NW demands of the Justice Department. Microsoft confidence. Suite 1200 has agreed to grant computer makers broad Many people have long been annoyed at Washington, DC 20530–0001 new rights to configure Windows so as to Microsoft’s policy of disallowing any Dear Ms. Hesse: promote non-Microsoft software; Microsoft competitive software to be pre-loaded with It goes without saying that the settlement has agreed to design future versions of its Windows OS, but this settlement agreement between the U.S. Government and Windows with the capability to make it addresses that issue. It standardizes the Microsoft comes at a critical time when our easier for companies to install non-Microsoft licensing arrangements for the 20 largest economy and nation most need software; Microsoft has agreed to a technical hardware companies, and thereby generates reconciliation. The proposed settlement committee to monitor future adherence. This competition for consumers. requires significant changes in the way is more than fair. I am writing in support of the settlement, Microsoft develops, licenses and markets its I support this agreement and look forward and hope that this sort of litigation does not software. This settlement is fair. It allows to the end of this case. It is time to put this happen again. Microsoft to continue innovating in all areas behind us. Sincerely, of software development. Sincerely, Lou Borland When word of the possible settlement in Bob Miller Internal Network Engineer the Microsoft case broke, the market surged. JAN 22 ‘09 10:08 In spite of gloomy economic reports, the MTC–00031703 FR TRAPEZE SOFTWARE GRP news was viewed by investors as a sign that 01/22/2002 11:40 FAX 215 643 6311 480 627 8411 TO 12023071454 P .02/02 our nation’s critically Important high-tech Exclusive Ore 01 January l8, 2002 industry could move forward without the eXclusive Ore
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January 16,2002 Again, I am happy that a settlement has country have and the opportunity to make A.G. John Ashcroft U.S. Dept. of Justice finally been reached. I hope you will support come true. I would hope the Government 950 Penna. Ave. N.W. it. does not discourage this American way of life Washington, D.C. 20530 Sincerely, with further litigation. I support Microsoft in Dear Mr. Ashcroft: ss this dispute, and I sincerely hope there will I am writing to express my support for the be no further action against Microsoft at the settlement reached in the Microsoft Antitrust MTC–00031705 federal level. The settlement that was Lawsuit last November. The settlement is Jan 22 02 08: 18a Ron Stingley 650–631–1009 reached in November is both fair and fair, and it will allow the IT industry to p.1 reasonable. Microsoft has pledged to carry continue to grow while prohibiting any 36 Wessex Way out all terms and conditions of this action that might be anticompetitive. San Carlos, California 94070 USA agreement. Microsoft has agreed to license its The resolution reached in the antitrust suit January 21,2002 Windows operating system products to the has many positive aspects for consumers, as Attorney General John Ashcroft 20 largest computer makers on identical well as hardware and software companies, US Department of Justice terms and conditions, including price. and should stimulate further economic 950 Pennsylvania Avenue, NW Microsoft has also agreed to grant computer development in the IT field. Washington, DC 20530–0001 makers broad new rights to configure Under the settlement, Microsoft has Dear Mr. Ashcroft, Windows so as to promote non-Microsoft granted additional rights to both software This is to give my support to the settlement software programs that compete with designers and computer manufacturers between Microsoft and the Department of programs included within Windows. which will allow for competing peripheral Justice. I did not support this suit against This settlement will benefit the entire software components, such as non-Microsoft Microsoft in the first place, and I am technology industry. Please support this web browsers and c-mail clients, to be more disturbed by the tendency of government to settlement and allow Microsoft to devote its easily integrated and work better within the interfere in business. If there is wrongdoing, talent and resources to work, rather than Windows OS. Additionally, it allows for there is an obvious need, but this was a case litigation. computer manufacturers to ship systems with of competition. Microsoft was just one of Sincerely, those same competing software components numerous tech firms out there producing a David Banks pre-installed with Windows. product. In this instance, Bill Gates put out MTC–00031707 While some argue that the settlement did a better product, at a lower price. He could not cut Microsoft deeply enough, I believe have charged much more, but didn’t. Bill 01/22/2002 11:31 2029555879 KARALEKAS that these, along with the other articles of the Gates, through Microsoft, streamlined AND NOONE PAGE 01 antitrust settlement, will limit unfair computer programs into more useable Law Offices competitive action and allow Microsoft, as formats, increased compatibility of various KARALEKAS & NOONE well as others, to continue to develop quality computer software programs, and allowed all 1211 Connecticut Avenue, NW products and further economic growth of us to join the computer revolution. The Suite 302 within the lT sector. other firms could not keep up; hence, they Washington, DC 20036–2603 Sincerely, sought to have a legal edge. The Justice (202) 466–7330 Estelle Brand Department, under the previous (202) 955–5879 Facsimile Vice President administration, fell right into line. We are TELECOPIER TRANSMITTAL cc: Senator Rick Santorum threatening the tenet of free enterprise if we TO: Renata Hesse, Esq. Exclusive Ore Inc. * PO Box 1024 * constantly interfere in business. Some firms RECIPIENT’S Blue Bell, PA 19422 * (215) 643–3110 succeed. Others do not. This is the way it is TELECOPIER NO: 202/616–9937 * www.exclusiveore.com in life with all things. Government cannot FROM: Steve Karalekas come in and decide who does or does not DATE: January 22,2002 MTC–00031704 succeed. EASTERN TIME: 1130a FROM : PRATER-WRITES FAX NO: Jan. 22 Further, Microsoft has given away a great OPERATOR: Elizabeth 2002 09:40AM P1 deal. Microsoft has agreed to submit to a NUMBER OF PAGES TRANSMITTING PRATERWRITES committee to monitor settlement adherence; (including cover sheet): 3 Turning Information Into Solutions Microsoft has further agreed to license its MESSAGE/SPECIAL INSTRUCTIONS: Sandra J. Prater Windows operating system products to the 01/22/2002 11: 31 2029555879 KARALEKAS 14009 N.E. 63rd Court, 20 largest computer makers on equal terms; AND NOONE PAGE 02 Recmond, WA 98052–4561 and Microsoft has agreed to give computer KARALEKAS & NOONE VOICe 425–883–4725 / makers more accessibility to make Windows ATTORNEYS AT LAW Fax: 425–867–5539 so that it promotes non-Microsoft software 1211 Connecticut Avenue, NW Email: [email protected] programs. This is a lot more than any other Suite 302 January 23, 2002 firm would do. S. STEVEN LARALEKAS Attorney Gcncral John Ashcroft Put this issue behind us. Any further Washington, DC 20036–2603 US Department of Justice action will only harm both our economy and * ALSO ADMITTED IN MASSACHUSETTS 950 Pennsylvania Avenue, NW our country. JAMES A. NOONE+ Washington, DC 20530 Sincerely, (202) 466–7330 Dear Mr. Ashcroft, Ron Stingley * ALSO ADMITTED IN PENNSYLVANIA I am writing in support of the recent WILLIAM J. HARDY ++ settlement between The Department of MTC–00031706 (202) 955–5879 Facsimile ++ Justice and the IT industry. I am happy an JAN–22–02 09:47 AM DAVID L. BANKS ALSO ADMITTED IN VIRGINIA agreement has finally been reached. It is a 8309319831 P.01 E-Mail [email protected] reasonable settlement and clearly a benefit to 16745 FM 1957 January 22,2002 consumers of technological products. San Antonio, TX 78253 Via Fax Transmission Under the terms of the settlement, January 21,2002 Renata Hesse., Esq. Microsoft has agreed not to retaliate against Attorney General John Ashcroft Trial Attorney the competition. Computer makers who ship US Department of Justice Anti-Trust Division other software and software developers who 950 Pennsylvania Avenue, NW U.S. Department of Justice design software that competes with Microsoft Washington, DC 20530 601 D Street, NW, Suite 1200 will also be immunized from retaliation. I am Dear Mr. Ashcroft: Washington, DC 20530 in favor of this. It is in the best interest of I am writing you today to express my Re: U.S. v. Microsoft the consumers and the economy to allow opinion in regards to the Microsoft antitrust Dear Ms. Hesse: Microsoft to get back to the business of dispute, The Microsoft Company is an We write to urge approval by the U.S. creating new and innovative technology. American Dream that all people in this great Department of Justice of the proposed
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settlement agreement in the pending case of Department of Justice and Microsoft recently. Sincerely U.S. v. Microsoft. In my estimation, the settlement is very Joseph Frank Ellmer Our law firm represents a diverse range of excessive for Microsoft but more than fair for 26 Croydon Road clients whose businesses rely heavily on the federal and state government. It is time Mays Landing. NJ 08330 state-of-the-art information technology (IT). for this case to come to an end. Microsoft has been a leader in this regard and My reasons for being dissatisfied with the MTC–00031712 it is our view that settlement of this way this suit has been going extend far 01/22/2002 10:33 FAX 804 7866310 VA protracted litigation will greatly enhance the beyond my concerns for the economy and the HOUSE OF DELEGATES 001 quality of IT available to our clients and IT industry, I am also displeased with the House of Delegates improve the competitiveness of IT companies way the government has pursued this. The Telefax Service across the nation. Government has given the public plenty of Fax(804)786–6310 Settlement of this case is particularly reason to doubt the existence of free General Assembly Building important to the Washington, DC, area where enterprise. Despite the unfairness of the suit, January 22,2002 the U.S. Government and thousands of small Microsoft has been very willing to cooperate. To: Renata Hesse, U. S. Department of Justice contractors that provide goods and services They have agreed to uniform prices, From: Delegate Gary A. Reese to it rely on the best possible IT to conduct disclosure of both Windows’ protocol, and Fax No.: Long Distance (202) 616–9437 their businesses and manage their programs. sharing internal interfaces in Windows. Tel. No.: The uncertainty caused by the Govemment’s Microsoft has also agreed to grant intellectual City: Washington, DC. litigation against Microsoft, in our view, has property license to their competitors. State: been detrimental to the critically importantly The settlement offers a workable end to This transmission contains 2 pages, which two-way flow of information between the this lawsuit, and the possibility for a very includes this cover sheet. If you have any U.S. Government and those who serve it. strong shot in the economy’s arm. I trust that problems with this transmission, please We urge the Department of Justice to my input and those of others will aid in contact (804) 698–1558. approve the settlement agreement and allow wrapping up this matter as soon as possible. Comments: Microsoft and its competitors to go back to Sincerely, The original letter was mailed on l/21/02. doing what they do best—keeping America in Thomas Ruthven 01/22/2002 10:33 FAX 804 7866310 VA the forefront of information technology. JAN-22–02 11:51 FROM: EXCELLENCE N. HOUSE OF DELEGATES 002 01/22/2002 11:31 2029555879 MORTGAGES ID: 7166892546 PAHE 1/1 COMMONWEALTH OF VlRGlNlA KARALEKAS AND NOONE PAGE 03 MTC–00031710 H0USE OF DELEGATES Thank you for your consideration. RICHMOND 1–22–2002 11:11AM FROM 000000000 P. Sincerely, GARY A. REESE 1 S. Steven Karalekas 11926 BENNETT ROAD 01/22/2662 11:37 0000000000000 PAGE 01 SSK:emh OAK HILL, VIRGINA 20171 January 9, 2001 SIXTY-SEVENTH DISTRICT MTC–00031708 Ms. Renata Hesse January 21,2002 0l/14/2002 13:51 12487231210 GOODE Trial Attorney FINANCIAL PAGE 01 Antiturst Division Ms. Renata Hesse, Trial Attorney GOODE FINANCIAL, L.L.C. Department of Justice Antitrust Division 700 E. MAPLE, Suite 300 601 D Street NW, Suite 1200 U.S. Department of Justice TELEPHONE: (248) 723-l200 Washington, DC 20530 601 D Street, NW, Suite 1200 BIRMINGHAM, MI 48009 Dear Ms. Hesse: Washington, DC 20530 FACSIMILE: (246) 723–1210 I am told you are receiving comments on Dear Ms. Hesse January 21, 2002 the proposed Microsoft settlement. As a Delegate for the 67th District in Attorney General John Ashcroft It is important that any agrement reached Northern Virginia, I am writing to encourage US Department of Justice will be complied with. The three person you to approve the settlement agreement in 950 Pennsylvania Avenue, NW technical committee that is part of the the case of United States v. Microsoft. Washington, DC 20530 settlement agreement that will monitor The centerpiece of Virginia’s economy is Dear Mr. Ashcroft: Microsoft’s compliance appears to be a good the Northern Virginia region’s high-tech I am writing in support of the settlement means of achieving compliance. Complaints industry. We have been fortunate to attract a between Microsoft and the Justice regarding Microsoft’s compliance can be diverse and wide-ranging number of Department in their antitrust lawsuit. I relayed to this committee, the Department of technology firms and have insured our area’s believe that the settlement is fair, and that Justice or any of the state plaintiffs that are growth and future prosperity. We need to Microsoft’s concessions will enable everyone party to the settlement. This provision of the encourage a continuation of this economic to return to normal business operation. settlement ought to give all involved a high development activity and make certain that I understand that Microsoft is making level of comfort. we do not impede the success of companies several concessions, including added Sincerely yours, like Microsoft in any way. convenience for Windows users to remove S. Neel Brown I believe the settlement is a fair and and configure different parts of the operating reasonable compromise. Furthermore, this system. These changes should ultimately MTC–00031711 setclement is good for the consumer, for benefit consumers and ensure fair 1–22–2002 11:06AM FROM 000000000000 high-tech industry, and for our overall competition. P.1 economy. If you have any questions, please Because of these changes, I urge you to January 21, 2002 do not hesitate to contact me. settle the Microsoft suit in due fashion. Ms. Renata Hesse Sincerely, Sincerely, Trial Attorney Gary A. Reese Margaret Goode Antitrust Division DISTRICT: (703)476–4505 * FAX: Department of Justice (703)716–9064 * E-MAIL: DEL— MTC–00031709 601 D Street NW, Suite 1200 [email protected] 002 164 Chestnut Hill Lane South Washington, DC 20530 Buffalo, NY 14221 Dear Ms. Hesse:. MTC–00031713 January 21,2002 After having reviewed the ‘‘Key Provisions JAN-22–2002 12:54 TEMPS LITHO 537 0316 Attorney General John Ashcroft of the Proposed Consent Decree with the P.01/01 US Department of Justice Department of Justice’’, I believe that the CREATIVE MICRO SYSTEMS, INC. 950 Pennsylvania Avenue, NW proposal is fair and, since both Microsoft and 3825 KENTUCKY AVE N. Washington., DC 20530 the Department of Justice have come to this CRYSTAL, MN 55427 Dear Mr. Ashcroft: agreement, I believe the citizens of the January 21,2002 I am writing to express my views on the United States would benefit if the consent Attorney General John Ashcroft proposed settlement arrived at between the degree were implemented expeditiously. US Department of Justice
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950 Pennsylvania Avenue, NW This settlement recently negotiated at least cc: Representative Mel Watt Washington, DC 20530 has the virtue of ending this sideshow of a MTC–00031718 Dear Mr. Ashcroft: trial. For that reason alone it should be I want to take this opportunity during the supported. 01/22/02 TUE 13:15 FAX 414 328 2233 public comment period to voice my support Sincerely, ROCKWELL SUPPORT 001 for the settlement reached last November David K. Payne FACSIMILE ROCKWELL between Microsoft and the Justice SOFTWARE Department. I believe this settlement will MTC–00031715 P. O. Box 351 lessen the uncertainty in the technology JAN-22–02 TUE 12:33 BNA HUNTSVILLE West Allis, WI 53227 sector of the economy and significantly FAX NO, 2569713360 P.01 Phone: 414–321–8000 benefit the overall economy. I believe the 200 Hidden Valley Way Gen. Fax: 414–321–2211 Justice Department action by the Clinton Madison, AL 35758 www.software.rockwell.com administration caused the down turn in the January 22, 2002 DATE: January 22,2002 economy. Attorney General John Ashcroft TO: A. G. John Ashcroft Although I did not support the US Department of Justice FAX: 202–307–1454 commencement of this suit in the first place, 950 Pennsylvania Avenue, NW FROM: Katherine Tomaszek a settlement is the best course at this point. Washington, DC 20530 TELEPHONE: 414–328–2423 The government negotiated a very strong Dear Mr. Ashcroft: FAX: 414–328–9423 settlement that addresses all the key issues. It has come to my attention that a # PAGES: 2 For example, Microsoft has agreed to grant settlement has been reached between Rockwell computer makers broad new rights to Microsoft and the Justice Department. I hope Automation configure Windows so as to promote non- that this case will finally be resolved. I am 01/22/02 TUE 13:15 FAX 414 325 2233 Microsoft software programs that compete convinced that the Clinton administration ROCKWELL SUPPORT 002 with programs included within Windows. targeted Microsoft to pacify the self-serving ROCKWELL The agreement also calls for the creation of whining of competitors and their supporting SOFTWARE a Technical Committee to oversee Microsoft’s politicians/lobbyists. January 22, 2002 compliance. It does not seem to me that Microsoft is A.G John Ashcroft Our company builds computer systems and getting off easy like some would content. The U.S. Department of Justice develops custom computer application for agreement to grant computer makers new 950 Pennsylvania Avenue, NW end users.Microsoft products have been rights to configure Windows soas to promote Washington, DC 20530 crucial in enabling us to rapidly develop non-Microsoft programs. Dear Mr. Ashcroft, competitively priced end user applications. and the establishment of a three person As a professional with personal experience Without their products we be unable to monitor committee is very significant in our in the software industry, I appreciate the role compete in this highly volatile marketplace. ‘‘free enterprise’’ business society.Microsoft Microsoft has played in the success of the This lawsuit has hurt the entire industry. competitors should be very happy—they will P.C. industry; therefore, the proposed Please support this settlement and take no not be subject to the above restrictions. government settlement is a welcome further action at the federal level. I realize your Justice Department Did not opportunity for all sides to end this agonizing Sincerely, initiate these actions against Microsoft; I process and focus on business again. The Richard Bostrom hope your administration will conclude this world is a better place because of the TOTAL P. 01 matter quickly and fairly. incredible contribution of the stable,user- Sincerely, friendly software platform that Microsoft has MTC–00031714 James A. Collins developed, so any further attempt to destroy l/22/2002 11:46 AM this great company would be a mistake that FROM: Fax deltakappa.com MTC–00031716 will do severe damage to consumers TO: 12023071454 JAN-22–2002 14:20 FROM:BV HEDRICK everywhere. PAGE: 001 OF 001 7046334243 TO:202 353 8856 P.OO1/ From my understanding of the agreement, deltakappa.com OO1 Microsoft has capitulated on several January 22,2002 01/22/02 TUE 12:27 FAX 800 641 2265 002 fronts.They are pledging to make it easier for Attorney General John Ashcroft 100 Primrose Drive computer manufacturers to mix and match U.S. Department of Justice Salisbury, NC 28147 software products on the Windows operating 950 Pennsylvania Avenue, NW January 22, 2002 system, while offering a simplified cost Washington, DC 20530–0001 Attorney General John Ashcroft structure for its licensing and no obligations Dear Mr. Ashcroft, US Department of Justice to distribute or promote Microsoft I find it reprehensible that Microsoft’s 950 Pennsylvania Avenue, NW technologies. Competing Companies will jealous competitors motivated this lawsuit Washington, DC 20530 gain access to the internal interfaces and between the Department of Justice and I am writing you today to voice my opinion server protocols of Windows products,with Microsoft. Whatever merits there were in the on Microsoft. I support the Microsoft the added opportunity to license its origin of this case were lost amid the torrent settlement and feel that this company has technologies, of envy among Microsoft’s competitors. been penalized for being successful. I feel With the constant review of a three-person The last time I checked, ours was still an this settlement will serve in the best public technical committee of software economy built upon the free enterprise interest this settlement is complete and experts,compliance should be eminently system. It is simply not right for a group of thorough. Microsoft did not get off verifiable and effective. Hence, there is no companies to use whatever influence they easy,Microsoft has agreed to terms that need for further action. Please accept this could muster to persuade our government to extend well beyond the products and deal and let the I.T. industry get back to file a lawsuit against a company based upon procedures that were actually at issue in the developing great products for the public. that company’s success in the marketplace. suit for the sake of wrapping it up.Microsoft Thank you for your assistance. One can say what they want about has also agreed to be monitored by a Sincerely, Microsoft’s often hard-nosed approach to technical oversight committee created by the Katherine Tomaszek business, but that is not reason enough to government. Rockwell Software haul them into court. The Settlement Microsoft is a company that has 2424 S. 102nd Street addresses the controversial points arising contributed a pat deal to our society and West Allis, WI 53227 from the original trial three years ago, and daily lives. This company should not be Rockwell Software Inc. P.O. Box 351 * ultimately will change the way that Microsoft stifled. Please support this settlement. Milwaukee. WI 53201–0351 * does business in everything from design and Thank you. Phone. 414.321–8000 * conceptualization of software at the Sincerely, FAX: 414.321–2211 * BBS: 216.646–7625 * beginning, to licensing at the end. Melvia Hutchinson Tech Support; 216–646–7800
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MTC–00031719 This issue needs to be put to rest. Microsoft Washington, DC 20530 +3604824200 ELMA Y PARCEL 326 P01 JAN is a great company with great products and Dear Mr. Ashcroft: 22 ‘02 11:30 is being punished for it. The settlement needs I am writing today to encourage the P.0. Box F2 to be accepted and Microsoft needs to be Department of Justice to accept the Microsoft Elma, WA 98541–0628 allowed to move forward. In order to move antitrust settlement. Microsoft and the January 21,2002 forward this issue needs to be put in the past. technology industry need to move on. A Attorney General John Ashcroft Please accept the Microsoft antitrust settlement is available and the terms are fair. 950 Pennsylvania Avenue, NW settlement. I would like to see the government accept it Washington, DC 20530–0001 Sincerely, and leave Microsoft alone. Dear Mr. Ashcroft: Terry Minor Many people think that Microsoft has I am writing today to encourage the 1200 Riverside Drive gotten off easy, in fact they have not. The Department of Justice to accept the Microsoft Mount Vernon. WA 98273 settlement was arrived at after extensive antitrust settlement. The issue has gone on TOTAL P. 01 negotiations with a court-appointed mediator, Microsoft agreed to terms that long enough and it is time that the MTC–00031722 government leaves Microsoft alone. Microsoft extend well beyond the products and has been such a net positive to the Jan 21 02 07:52p UNIONDALE SCHOOLS procedures that were actually a tissue in the technology industry and to the economy and 292–5097 p.1 suit, simply for the sake of putting an end to yet has to deal with government harassment. Neville G Georges the issue. For example, Microsoft will adhere Microsoft has agreed to compromise on all 787 Center Drive to a uniform licensing agreement and will the major issues that were in dispute in the Baldwin, NY 11510–1103 allow other companies to place their own suit. They agreed to give computer makers January 18, 2002 software on the Windows operating system. the flexibility to install and promote any Attorney General John Ashcroft Microsoft, the industry and the government software that they seem fit. They agreed to US Pennsylvania Avenue, NW all need to move on. This issue has been license Microsoft products at a standard rate Washington, DC 20530 dragged out for over three years and needs to to computer makers, no matter what other Dear Attorney General Ashcroft: be settled. Please accept the Microsoft software they promote. They also agreed not Here in North Baldwin, NY many antitrust settlement. to enter into any agreement that obligates monopolies exist, my cable, for example, is Sincerely, computer makers to exclusively install or a monopoly for this area. The water and gas Patrick Weld On promote Microsoft software. Microsoft has service are also monopolies. Continuing MTC–00031724 agreed to a lot in order to put the issue Monopolies in these industries is seen as behind them. prudent and even useful. Yet, the federal 01/22/2002 15:27 7732383137 ROBERT The terms of the settlement are fair and the government takes great pains to muzzle and PETTY PAGE 01 government should accept them. Microsoft strong-arm Microsoft into renouncing their 9550 S Winston Avenue and the technology industry need to move market position because of their supposed Chicago, IL 60643 forward and focus their concentration on monopoly in the computer software January 21, 2002 business, not on defending themselves from industry.Microsoft rose to its dominant Attorney General Ashcroft more lawsuits. Please accept the Microsoft position in the software industry thanks to US Department of Justice antitrust settlement. sound principles of innovation and 950 Pennsylvania Avenue, NW Sincerely, intelligent marketing. In order for a business Washington, DC 20530 John Shooner to be successful in America, it must have a Dear Attorney General Ashcroft: unique product and a good marketing plan. I am happy to hear the federal government MTC–00031720 My concern on the issue lies in the fact that and Microsoft reached an agreement in the 01–22–2002 08 : 03AM FROM COUNTRY the Department of Justice put itself in the antitrust case. I believe closure to this long MOTORS TO 12023071454 P. 01 position of chasing successful company for process of litigation can be a springboard for Country Motors the simple fact that it was more successful more active competition in the IT industry. 1200 Roverside Dr than its competitors.In my opinion, This can happen only if no more action is Mount Vernon, WA 98273 Microsoft’s competitors used the Department taken at the federal level and the government 360–428–5040 of Justice to do their job for them. In that does not continue to sue Microsoft.According http://www.cmvs.com instead of creating a superior product and to the settlement reached with Microsoft, the January 22, 2002 marketing plan, they chose to tear down the company will change the way it develops Attorney General John Ashcroft competitive advantage Microsoft has worked and markets its products. There will be a US Department of Justice so hard to achieve. committee to ensure the company complies 950 Pennsylvania Avenue, NW Microsoft should definitely comply with with the agreement and competitors will Washington, DC 20530 the terms of the settlement as delineated by have the ability to sue Microsoft if they think Dear Mr. Ashcroft: the Justice Department. This settlement the company is not complying with the I am writing today to encourage the contains a series of provisions, increasing agreement. With these guidelines in place, Department of Justice to accept the Microsoft competition and forcing Microsoft to change we as people of the United States need to antitrust settlement. The settlement is fair its business practices. They have agreed to move forward. and needs to be accepted. Microsoft is a great these provisions and this settlement to serve For the sake of the IT industry and company that turns out great products and the public interest and to allow this country consumers, we need to allow Microsoft to they should not be punished for it. and themselves to move forward. resume delivering prime technology to the The whole issue arose out of jealousy. Please stand by the decision made on national and international marketplace. This Other companies could not compete with November 6 of last year to let the states settle will be in the best interest of our country and Microsoft products, not because Microsoft with Microsoft without further federal our economy.Please to not take more action was keeping them from competing but intervention. against Microsoft. Thank very much for your because Microsoft products were so much Sincerely, time and consideration. better. Because of the weakness of Microsoft’s Neville Georges Sincerely, competitors Microsoft has had to accepta Robert Petty settlement that goes to far. In the settlement MTC–00031723 Microsoft has agreed to disclose, to their JAN 22 ‘02 15:38 P. 1 MTC–00031725 competitors,various interfaces that are 872 Lake Jackson Circle 01/22/2002 15:44 8476396591 BRYKOWSKI internal to Window’s operating system Apopka, FL 32703 PAGE 01 products. Essentially Microsoft as agreed to January 22, 2002 01/22/2002 TUE 15:30 FAX 800 641 2256 give up part of their system so other Attorney General John Ashcroft 002 companies can catch up, and people are still US Department of Justice 60 Lake Zurich Drive saying that Microsoft has gotten off easy. 950 Pennsylvania Avenue, NW Lake Zurich, IL 60047–2228
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January 21, 2002 Sincerely, Sincerely, Sincerely, Sincerely Attorney General John Ashcroft Tom Feeney Andy Gardiner Jim Kallinger Terrence H. Bell 950 Pennsylvania Avenue, NW Speaker of the House Florida House of Certified Public Accountant Washington, DC 20530–0001 Representatives District 35 P.S. The news conference on 1/22/02 was Dear Attorney General Ashcroft: TOTAL P.02 great! I am writing to express my satisfaction at 15821 Ventura Blvd. Suite 275 Encino, Ca MTC–00031727 the settlement agreed to between the 91436 * (818) 990–6363 (800) 890–6343 * Department of Justice and Microsoft 01/22/02 12:12 PM 8189901897 Bell (8I8) Corporation on November 2, 2001.The Solutions. net Page 1 of 2#1011 990–1897 FAX settlement reached provides that Microsoft Terrence H. Bell, CPA Visit us on the web at http:// disclose more information about its software Address: 15821 Vetura Boulevard www.bellcpa.com or email us at and an oversight committee created by the Suite 275 [email protected] government that could ensure Microsoft’s Encino, CA 91436 cooperation. Phone: 818 990–6363 MTC–00031728 This is a just settlement reached through Fax: 818 990–1897 01/22/2012 15:38 7756654893 intense negotiations on both sides.After three To: John Ashcroft SCHORNSTEIN PAGE 01 1–22–02 years of litigation, it is now time to allow Company: ATTEN: Ms. Renata B. Hesse Microsoft to continue providing new and Fax: 202 307–1454 Dear Ms. Hesse, innovative services to its’’ consumers. Under From: Terry Bell Without any reservations, I support the the new guidelines set forth in the agreement, Subject: Microsoft settlement. Microsoft will be able to continue to lead the Memo: The benefit to the nation and to the technology market while also creating Microsoft Settlement taxpayers is huge. To settle this also is the Terrence H. Bell competition.Now that this settlement has fair action to take. Consumers will be the Certified Public Accountant been reached, I hope that no further action largest benefactors, and, as a consumer, I do Terrence H. Bell CPA is taken against Microsoft. Thank you for like the opportunity to express my note to Donna Smith. EA your time. settle with Microsoft Now! January 9, 2002 Sincerely, Attorney General John Ashcroft Sincerely, Romam Brykowski US Department of Justice, Marilyn M. Schornstein 6746 S.W. 89 Terr. MTC–00031726 950 Pennsylvania Avenue, NW Washington, DC 20530–0001 Miami, FL 38156 JAN-22–2002 15:51 P. 01/02 Dear Mr. Ashcroft FACSIMILE TRANSMISSION MTC–00031729 I write concerning the antitrust settlement TO: Renata Hesse Jan 22 02 12:4Op p. 1 between Microsoft and the federal FAX: 202–307–1454 Microsoft government. I am a Certified Public FROM: MICROSOFT CORPORATION Accountant and it is in the best interest of PAGES (including cover): 2 123 Wright Bros Dr, Suite 200 my firm, which handles tax issues for small DATE: business and individuals, for this matter to Phone: (801) 257–6300 Mesaage: be settled expeditiously through settlement. Salt Lake City, UT 84116 JAN-22–2002 15:51 P.02/02 At first, you might not think this lawsuit Fax: (801) 257–6501 January 14, 2002 could have an adverse affect on a business United States Of America Renata Hesse such as mine, however, it has. In fact. it has Internet: http://www.microsoft.com Antitrust Division impacted the entire economy, which of MS FACSIMILE Department of Justice course affects my prosperity. To settle this TRANSMITTAL FORM Fax: (202) 616–9937 matter would be a step in the right direction TO: John Ashcroft FROM: Karen Wadsworth Fax: (202) 307–1454 toward getting the economy back on track, Company: Attorney General Dear Ms. Hesse: and hence stimulating business for my firm Bldg/Room: Please add my support for the recent and many other companies across the cc: Phone: 801–257–6387 Microsoft settlement. From everything that I country that are in a similar situation. Phone: have read, this appears to be a reasonable Microsoft has agreed not to retaliate against Date & Time: accord.Our country has been paralyzed for computer makers who ship software that Fax: 1–202–307–1454 or l-202–616–9937 some time now: we have a war going on competes with anything in Windows. It has Number of Pages: 2 overseas and we are now officially in a also agreed to design future versions of Jan 22 02 12:40p p.2 recession. An uplift is needed from some Windows, beginning with the next release of Microsoft Corporation sector of our economy. I strongly believe that Windows XP, to provide a mechanism to Tel 801 257 6300 the settlement agreed upon will be the make it easy for computer makers, consumers 123 Wright Brothers Drive vehicle required to spur on new, and much- and software developers to promote non- Fax 801 257 6501 needed economic growth. Micros&I software within Windows. Lastly, Suite 200 My reasoning is based on past economic Microsoft has agreed not to enter into any http://www.microsoftcom/ performance. Microsoft has been a Goliath in agreements requiring any third party to Salt Lake City, UT 84116 our modern-day economy. They produced distribute or promote any Windows 2042.S 1300 W much of the gains made during the 1990’s technology exclusively or in a fixed Woods Cross, UT 84087–2382 and have been the source for thousands of percentage. If these concessions don’t make Microsoft new businesses and hundreds of thousands Microsoft’s competitors happy, I don’t know January 21, 2002 of new jobs. Once this lawsuit is behind what will. There are several more major Attorney General John Ashcroft them, they will be able to begin producing components of the settlement that I am sure 950 Pennsylvania Avenue, NW the same kind of results for our languishing you are familiar with. Washington, DC 20530–0001 economy. The settlement goes above and beyond Dear Mr. Ashcroft: This settlement was good for the county. I addressing the main complaints of the Over the past three years, Microsoft and understand that new Windows design government and should satisfy both the the Department of Justice have waged a obligations were agreed upon and that government and Microsoft’s a adversaries. It veritable war in the federal courts. Six Microsoft agreed to share information is fair and reasonable and should not be months of round-the-clock negotiations were regarding its windows operating system. I’m allowed to be derailed by a handful of necessary before a settlement could finally be pleased to know that this settlement was Microsoft’s adversaries who will not be reached, and I still do not think Microsoft; reached in such a timely manner. happy until Microsoft is broken up, which of has been treated fairly. Thank you for listening to my opinions on course, is completely unnecessary and Nevertheless, this has gone on long this issue. unjust. enough, and I think it’s time for the Justice
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Department to move on. Microsoft agreed to hope is that there will be no further litigation Jan. 22 2002 12:02 P1 terms under the settlement that extend to against Microsoft at both the state and federal —L. W. (Bill) Riddell, Consultant— products and procedures that the Court of levels. 6 Osio Way— Appeals did not find to be unlawful. In other The proposed settlement has teeth, and Del Rey Oaks, CA 93940–55 words, Microsoft has been generous, and I do Microsoft is not getting off as easy as I’m sure 10—Ph. & FAX 831–392–l744 not believe the Department of Justice should they had wished. However, the terms of the Attorney General John Ashcroft press the issue. Microsoft has agreed, for agreement are fair, and they will help the IT US Department of Justice example, to license its Windows operating industry become much more competitive. 950 Pennsylvania Avenue, NW system to twenty of the largest computer Microsoft has agreed not to strike back at Washington, DC 20530 makers on identical terms and conditions. companies that produce, ship, or promote Dear Mr. Ashcroft: Microsoft has also agreed to disclose source software that competes with Windows. The I am writing this letter to express my code and interfaces to its competitors for competitors will now be free to make a profit opinions about the settlement that was their use. The competitors will then be able without worrying about the reprisal from reached last November between Microsoft to introduce their software directly into Microsoft. and the Department of Justice. I am in favor Windows. I am all in favor of this settlement. of this agreement because it brings an end to Microsoft is willing to settle on these America’s economy needs help, and this the three years of litigation that have been terms, and I believe it is in the best public settlement is it. I hope that you can convince plaguing Microsoft, and hampering interest to do so. No further action needs to Tom Reilly, our State Attorney General to see innovation in the entire IT industry. be taken on the federal level. This has gone that. Microsoft did not get off easy in the on long enough; it’s high time to move on. Sincerely, settlement, and they have had restrictions I urge you to support the settlement. Prank De Piano and obligations placed on them that were Sincerely, 352 Park St. Ste 205 never even an issue in the initial suit. They Karen Wadsworth North Reading, MA 01864 have agreed to turn over, to their competitors, Microsoft Corporation is an equal interfaces that are internal to the Windows opportunity employer. MTC–00031732 operating system, as well as coding in Lester Associates, Inc. Windows that is used to communicate with MTC–00031730 383 Main Street, Suite 202, other software. These terms go a little far, but ABCO ENGINEERING CORP. ABCO Chatham. NJ 07928–2100 what is done is done. We now need to put ENGINEERING CORP. Telephone: (973) 635–2254, all of this behind us and move on. 801 Second Avenue S. E. Fax: (973) 635–7449, Although I don’t feel this case should ever * Oelwein, Iowa 50662 Email: [email protected] have begun in the first place, I support the * Phone 319/283–5652 January 21,2002 settlement since it squashes the litigation that * Fax 319/283–2600 Attorney General John Ashcroft has been hampering the technology industry January 22, 2002 US Department of Justice for years now. The proposed agreement Renata Hesse 950 Pennsylvania Avenue, NW between Microsoft and the Department of Trial Attorney Washington, DC 20530–0001 Justice must be approved as soon as possible. Antitrust Division Dear Mr. Ashcroft: Sincerely, U.S. Department of Justice Apparently the settlement reached by the Lawrence Riddell 601 D Street NW, Suite 1200 U.S. Justice Department and Microsoft has Phone 831–392–1744 Washington, DC 20530 caused somewhat of an uproar among Subject: Letter of support for Microsoft Microsoft’s adversaries who unsuccessfully MTC–00031734 Settlement pushed for a break-up of the company, This KARL.SIMONE.WOLFS To all concerned: is unfortunate, because the settlement JAN-–22–2002 04:54 PM The information I have read indicates the addresses and resolves the issues at hand in 727 796 5736 P.01 settlement is a true compromise. The prime a very fair and even-handed way for all of the To: (202) 307–1454 or (202) 616–9937 factor is that everyone in the technology field parties involved. Microsoft did not need to be Mr. and Mrs. Karl E.Wolfs can get back to work. Our economy depends broken up to accomplish this objective. 2645 Prisco Dr. on the free enterprise system working. An example of the settlement going a long Clearwater, FL 33761–3823 Everyone benefits from the settlement of this way to ‘‘level the playing field’’ is Microsoft’s DEPARTMENT OF JUSTICE 1/22/02 case: the technology industry, the economy unprecedented concession to disclose (727) 796–5736 and the consumer. significant portions of the code for its’ ATTN. Ms Renata B. Hesse: Antitrust laws were designed to protect Windows operating system to competitors. Re: Microsoft CONSUMERS. As I see it, this was specific Additionally, it has agreed not to retaliate Please advise the Attorney-General to companies in the technology industry against software or hardware developers who accept the Microsoft offer and settle the case. endeavoring to protect themselves from develop or promote software that competes I think $35 million is enough money—do not competition. The free enterprise system with Windows or that runs on software that carry on case at more expense to us allows any business to succeed or fail—and competes with Windows, Finally, it will no taxpayers. we must do that in the marketplace. longer retaliate against computer makers who Sincerely, Though I fail to see the basis for the ship software that competes with anything in Karl Wolfs litigation, I do commend the Court for the its Windows operating system. While only settlement proffered. one aspect of the settlement, this alone MTC–00031735 May God save us from destroying our should make Microsoft’s competition very Marcus Dixon nation from within! happy, as it will make things easier for them 3 Ridgewood Road to appropriate ideas without actually having Glen Rock, PA 17327–9794 MTC–00031731 to work harder. January 22, 2002 January 15, 2002 Innovation and advancement suffered as a Attorney General John Ashcroft Attorney General Ashcroft result of the lawsuit. Hopefully the US Department of Justice, US Department of Justice settlement will be finalized soon so we can 950 Pennsylvania Avenue, NW 950 Pennsylvania Ave. move forward again. Washington, DC 20530–0001 Washington DC 20530 Sincerely, Dear Mr. Ashcroft: Dear Mr. Ashcroft: Joseph Lester I am happy to hear that the Department of This letter is so that I may go on record as President Justice has ended its three- year antitrust supporting the settlement reached between lawsuit against Microsoft with a strong and the Microsoft Corporation and the MTC–00031733 binding agreement. It will most certainly Department of Justice. I am glad to see that FROM : Bill Riddell have profound implications for all software the three years of litigation is over; my only FAX NO. : 831 392 1744 publishers, the rest of the American
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Information Technology industry and Rep. Marc Pappas I support the settlement and hope that the consumers. Under the agreement, computer (603)669–6188 Justice Department moves quickly to put an manufacturers were granted new rights to Renata Hesse end to this matter. configure systems with access to various Trial Attorney Thank you for your time. Windows features. Microsoft must also Antitrust Division Kristin Weeks Duncanson design future versions of Windows to make Department of Justice 57746 Hwy. 30 it easier to install non-Microsoft software and 601 D Street NW, Suite 1200 Mapleton, MN 56065 to disclose information about certain internal Washington, DC 20530 507–524–3797 interfaces in Windows. Dear Attorney Hesse, 507–524–3163 The government even went so far as to Please accept this letter as public comment MTC–00031739 create an ongoing technical oversight on the case of U.S. v. Microsoft. Although I committee to review Microsoft software am unsure of all of the proceedings and To: Ms. Renata Hesse codes and books, and to test Microsoft technicalities of the decision, I have followed Fax #: 1–202–616–9937 compliance to ensure that Microsoft abides the process enough to know that too much From: Phillip W. De Vous by the agreement. What more could of the Federal government’s time has already Date: January 22, 2002 Microsoft’s competitors want? Maybe a front been spent on this case. Total number of pages (including covet door key to the corporate headquarters would Millions of taxpayer dollars have been sheet):3 pages suffice them! America’s economy needs a spent prosecuting Microsoft and arriving at Dear Ms. Hesse: break. This American company, Microsoft, this decision. Many people have worked In line with the provisions for public with its world-renowned success, affects a diligently on both sides of the case. These comment provided for in the Tunney Act, I big part of America’s economy. I hope never people should now spend their time working would like to offer a few comments from the important problems, investigating harmful to see another federal government lawsuit Acton Institute concerning the Microsoft companies, not those who benefit consumers. against Microsoft beyond this settlement. settlement. With war being waged and the economy Sincerely, I appreciate your time and consideration in being so uncertain America needs leaders in Marcus Dixon reviewing the attached letter. Should you all areas, especially technology and computer cc: Senator Rick Santorum have any questions, please do not hesitate to science. Microsoft is one of these leaders and contact me at (616) 454–3080 or at MTC–00031736 has accomplished tremendous advances in [email protected]. the past several years. By tying Microsoft up Carol Trasport Yours truly, in the courts, or worse, actually punishing 138 Lake Ring Drive SE Phillip W. De Vous them further, the government would only Winter Haven, FL 33884–1438 Public Policy Manager serve to limit technological pursuits and January 21, 2002 Acton Institute for the Study of Religion spend taxpayer money. Attorney General John Ashcroft and Liberty I have used Microsoft’s software and find US Department of Justice 161 Ottawa NW, Suite 301, it the best in the industry. As with any 950 Pennsylvania Avenue, NW Grand Rapids, Michigan 49503 product and/or service improvements are Phone: (616) 454–3080 Washington, DC 20530–0001 necessary but, I believe that Microsoft * Fax: (616) 454–9454 Dear Mr. Ashcroft: attempts these improvements on a regular January 10,2002 I am writing you today to express my and timely basis and that further Ms. Renata Hesse opinion in regards to the Microsoft improvements in the computer and Trial Attorney settlement issue. I feel that the settlement technology industry will be enhanced by the Antitrust Division that was reached in November is fair and regulations of the decision. Department of Justice reasonable, and I am anxious to see this Sincerely, 601 D. Street NW, Suite 1200 dispute resolved. Microsoft is a great Marc Pappas company that offers quality products to Washington, DC 20530 consumers. As a consumer, I do not want to MTC–00031738 Dear Ms. Hesse: feel adverse effects because of this costly Pat and Kristin Weeks Under the provisions contained in the litigation battle. Duncanson Tunney Act providing for public comment on Microsoft has agreed to terms that extend Fax 507–524–3163 the Final Judgment Stipulation and well beyond the products and procedures Phone 507–524–3797 Competitive Impact Statement in the case of that were actually at issue in the suit, for the facsimile transmittal United States vs. Microsoft, I am pleased to sake of ending the court battle. Noteworthy To: Renata Hesse offer some comments on behalf of the Acton provisions among the many Microsoft has Fax: 202–616–9937 Institute for the Study of Religion and Liberty agreed to include: licensing its Windows From: Kristin W. Ducanson concerning this important settlement. The operating system products to the 20 largest Date: work of the Department of Justice in computer makers on identical terms and Re: Microsoft Pages: 2 soliciting a wide and varied consultation in conditions (including price), thus removing cc: this most important legal matter is greatly Microsoft’s leverage to obtain favorable Renata B.Hesse appreciated. treatment; and revealing internal information Antitrust Division The primary goal of antitrust law and about Windows to competitors, thus helping U.S.Dept.of Justice legislation is to protect consumer interests, in rival companies write software that works 601 D. Street NW attempting to assure that no one corporation well with Windows. suite 1200 illegally or unethically dominates the market The settlement is comprehensive and Washington DC 20530–0001 choices that consumers are able to make. In appropriately addresses the issues of Dear Ms.Hesse a society of free and open markets the underlying the lawsuit. By removing the legal I wanted to take this opportunity to consumer is the primary arbiter of what cloud hanging over Microsoft and the encourage the Dept. of Justice to finalize the products and services are chosen and, industry that depends on it, this settlement Microsoft settlement as soon as possible. ultimately, of which businesses remain will benefit America’s economy. Please As the mother of four children, farmer and profitable and viable. In the case of support it. small business owner the recent events of our Microsoft, consumers have consistently Sincerely, country have made me take pause to examine chosen Microsoft products over those offered Carol Trasport the role of our taxpayer dollars in the current by Microsoft’s competitors. United States situation. The lawsuit against As a result of the information MTC–00031737 Microsoft in nine states and at the federal communicated by consumer preference, it State of New Hampshire level has used enough taxpayer dollars found seems that the Department of Justice has HOUSE OF REPRESENTATIVE out information it is time to settle and use failed to show in the case of United States CONCORD working Americans dollars in a much wiser vs. Microsoft the harm perpetrated on the January 8, 2002 manner. consumer, thus undermining the very
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purpose of antitrust laws designed for the such costs can be recovered in the DATE: 01/22/02 protection of consumer interests. Rather, it marketplace. Such a move will cause great FAX NUMBER: (202) 616–9937 seems that powerful competing interests have harm to consumers, effectively blocking their 1130–12TH STREET, SUITE B decided to take the battle for market share demand for further and more advanced POST OFFICE BOX 92 out of the free and open marketplace and into innovation in the technology market. MODESTO, CALIFORNIA 95353–0092 the courtroom. This battle for market share is I appreciate the opportunity to offer some TEL: (209) 522–0500 most appropriately decided by the free reflections on just a few of the matters FAX: (209) 522–0700 choice of the consumer, not by judicial fiat. contained in this multi-faceted settlement. MAILING ADDRESS: This lawsuit and the pending settlement if Should I or the Acton Institute be of any POST OFFICE BOX 98 an example of a troublesome tendency of the further assistance in this matter, please do MODESTO, CA 95354–0098 government to meddle in the processes of the not hesitate to contact me. I may be reached [email protected] free market. Furthermore, it seems that a at (616) 454–3080 or at [email protected]. CERTIFIED SPECIALIST, ESTATE regime of increased government regulation Yours truly, PLANNING, on the technology industry will be the Phillip W. De Vous TRUST AND PROBATE LAW, STATE BAR inevitable result of this legal settlement. Public Policy Manager OF Innovation, creativity, and a level of high risk CALIFORNIA OF LEGAL BOARD are the hallmarks of the technological MTC–00031740 SPECIALIZATION revolution that has marked our nation in the SCHOOL BOARD GEORGE A. PETRULAKIS last two decades. Entrepreneurs in this OF THE JUOY A. JENSEN industry know from the outset that the level CITY OF RICHMOND MATTHEW J. FRIEDRICK of risk undertaken and endured in the 301 NORTH NINTH STREET TED M. CAORAL technology sector is a phenomenal one. RIXHMOND, VA 23219–1927 January 22,2002 Given the fast pace of technological Telephone: (804)780–7714 Renata Hesse, Trial Attorney innovation and the need to stay abreast of Fax: (804)780–8133 Antitrust Division, Department of Justice these innovations, the last thing that should MARK E. EMBLIDGE 601 D Street NW, Ste. 1200 occur in the technology industry is a regime DISTRICT TWO Washington, DC 20530 VIA FACSIMILE of increased regulation. The proposed SCHOOL BOARD CHAIRMAN (202) 616–9937 independent Technical Committee (TC), (line illegible) Dear Ms. Hesse: which would oversee and evaluate VIRGINIA LITERACY FOUNDATION I encourage the Unites States Federal Court Microsoft’s compliance with the settlement 700 EAST MAIN STREET, SUITE 1605 to approve of the consent decree proposed in terms, is an excellent example of burdensome RICHMOND, VA 23219 the case of US v. Microsoft. I do not agree government intrusion into an industry that Office: (804)225–8777 with spending another tax payer dolIar on requires maximum freedom to innovate and Home: (804)358–8775 this case. As a community activist and to be creative. This committee’s authority to Fax: (804)225–1859 community columnist who cares about hire unlimited staff, its on-site location at the January 18, 2002 Microsoft campus and its costs being entirely issues, I pay close attention to the wasteful Ms. Renata Hesse spending which goes on at every level of at Microsoft’s expense is an unprecedented Antitrust Division government. I have read on the Citizens and unnecessary enforcement mechanism. Department of Justice Against Government Waste website about all Furthermore, it is my opinion that this 601 D Sreet NW, Suite 1200 the money which has been spent on the committee constitutes a completely Washington, DC 20530 Microsoft case and am shocked. This case has illegitimate intrusion of the government into Dear Ms. Hesse: accomplished very little good for our the workings of private industry and, in Over the past several months I have country. effect, will serve to give Microsoft’s advocated for an end to the Microsoft case. This is not a time for wasteful spending. competitors an unfair innovative advantage I have written several letters on this subject Billions are being spent on the war against in the marketplace, as they will not be to various officials. I repeatedly have said terrorism. The recession and important tax subject to this suffocating regulatory burden. that the devastating events of September 11 cuts have greatly reduced the amount of The final aspect I would like to comment further damaged our already weakened incoming revenue going into the federal upon, concerning the settlement of the economy and that the technology sector has government. We should not even consider United States vs. Microsoft, concerns the been having a particularly difficult time. frivolous spending like US v. Microsoft when issue of intellectual property rights. As part I now understand that a settlement is in the there is talk of spending social security of the settlement, Microsoft is forced to works. The summary I have looked at has receipts to cover the cost of running the disclose the proprietary codes and other particulars that cover a gamut of issues from government. technical information that enables any uniform pricing to a redesign of Windows, to This is a strong and positive settlement. Widows operating system to communicate intellectual property rights, to a compliance Please approve of it and put an end to the with Microsoft servers and middleware committee. All of these elements contribute wasteful spending. products. These code’s and technical to a strong agreement that makes me hopeful Sincerely, information are the result of the research and that the end is in sight. With our economy George A. Petrulakis, Attorney at Law development conducted by Microsoft. showing tremendous weakness, we need to Petrulakis, Jensen and Friedrich Microsoft alone has incurred the expense and do everything we can to encourage new risk associated with the development of these products being brought to the market to MTC–00031742 operating systems and middleware products. stimulate consumer spending. Everyone FROM: ANTHONY P. CAPONE To set aside Microsoft’s right to protect and involved in this case needs to get out of the PHONE NO. : 412 833 4451 profit from the product of its labor sets a courtroom and back to work. 3982 Mimosa Drive dangerous precedent for all industries that I thank you for the opportunity to express Bethel Park, Pennsylvania 15102 rely on intellectual property derived from my views. January 9,2002 costly research and development. Sincerely yours, Attorney General John Ashcroft Unfortunately, one serious unintended effect ss US Department of Justice of the forced licensing of Microsoft 950 Pennsylvania Avenue, NW intellectual property will serve to destabilize MTC–00031741 Washington, DC 20530 the environment in which research and PETRULAKIS JENSEN & FRIEDRICH, LLP Dear Mr. Ashcroft: development occurs. By lessening the ATTORNEYS AT LAW I want to use this opportunity to give my protections surrounding proprietary FACSIMILE TRANSMITTAL SHEET views on the settlement that was recently information obtained through costly research TO: Renata Hesse concluded between Microsoft and the Justice and development, further technological FROM: George A. Petrulakis Department. I believe this settlement is fair innovations simply become too risky to COMPANY: Antitrust Division, Department and should implemented as soon as the undertake, as it becomes unclear whether of Justice comment period ends.
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Microsoft has agreed to design future Dear Mr. Ashcroft: Columbus, OH 43229–1585 versions of Windows that will include a I am writing to express my concern January 14, 2002 mechanism to make it easy for computer regarding the status of the Microsoft Attorney General John Ashcroft makers, consumers and software developers settlement. We have been through a lot, but United States Department of Justice to promote non-Microsoft software within now it is time to move on. One area in which 950 Pennsylvania Avenue, NW Windows. With this mechanism, consumers we need to move forward is the Department Washington, DC 20530–0001 will have the freedom to choose to change of Justice and Microsoft settlement. The case Dear Attorney General Ashcroft: their computer’s configuration at any time. aaginst Microsoft was finally resolved after I am writing to urge you to settle the So if consumers do not like the products three long years of investigation and antitrust case against Microsoft. I feel that the made by Microsoft, they will be able to make litigation. Microsoft agreed to a number of case has been going on long enough, and that their feelings known through their actions. demands imposed by the Department of the terms of the settlement are fair. Hopefully with your lead in support of Justice, which has opened up the firm to non- Competitors of Microsoft will gain much concluding this case, the nine states that Microsoft products. Microsoft has also agreed from the settlement. The internal interface of have not joined the settlement will change to terms which were not even part of the Microsoft’s famous Windows will be opened their positions. These states could make original lawsuit. I believe it is best for our up to free, gratis. They will be able to license better use of their resources, just like the country and economy if we let the current other intellectual property of Microsoft on federal government, in settling this case as settlement stand. I say this because Microsoft reasonable and non-discriminatory terms. quickly as possible. Thank you for this is a very integral part of our country’s They will be able to complain to a Technical opportunity to make my feelings known. economy. As CEO of Microsoft, Bill Gates Committee, which will oversee Microsoft’s Sincerely, made the technology revolution, conduct, and to file a complaint in court if Anthony Capone standardizing computer software and they are not satisfied. I do not see how cc: Senator Rick Santorum bringing it down to the average consumer. Microsoft’s competitor could have any reason While Microsoft might have been too to complain about this settlement. MTC–00031743 aggressive in some of his business practices, Please finalize the settlement agreement THE IVERS COMPANY Microsoft has been disciplined, and no future between the Justice Department and Providing Financial Services Since 1974 good can come of rehashing the settlement Microsoft. Thank you for your attention. Henry L. Ivers further. Sincerely, Teresa Pinkert, Esquire I urge you to give your full suppport to Michael Adams 73 Puritan Road ensuring that the settlement remains as is, MTC–00031747 Swampscott, Massachusetts 01907 and allow us to get back to more important (781)596–0991 issues. Sent By: LEGENDARY SYSTEMS; FAX# (781)–592–7161 Sincerely, 5105870901; Jan-22–02 17:04; FAX COVER SHEET Gian Dilawari Legendary Systems FAX# 1–202–616–9937 MTC–00031745 January 10,2002 DATE: 1/22/02 Attorney General John Ashcroft JAN–22–2002 16:18 U.S. Department of Justice TO: Microsoft Settlement 403 Sandalwood Drive 950 Pennsylvania Avenue TIME: Evansville, IN 47715 Washington, DC 20530 FROM: Henry January 16, 2002 Dear Mr. Ashcroft, NO.OF PAGES: 1 Incl. Cover Attorney General John Ashcroft With regard to the lawsuit and subsequent RE: US Department of Justice settlement between Microsoft and the DEAR 950 Pennsylvania Avenue, NW government, I am writing to express my full These 9 Attorney Generals have used the Washington, DC 20530–0001 support of the settlement and the necessity gov’t + now they are using the court to Dear Mr. Ashcroft: for its speedy finalization. further the agenda of businesses that are I am writing to voice my support for the I operate an e-commerce consulting located in their states. If the truth were settlement that Microsoft reached with known about their political agendas + Department of Justice in the anti-trust lawsuit company that utilizes and depends on financial interest it would make Microsoft against Microsoft. Microsoft is a good Microsoft software. We use Microsoft seem like choir boys, who just work night + company whose success should not be products by choice, simply because they are day to make what is a great product and have punished. I am glad the matter was resolved the best—not because anyone forced us to or at times tried to market it a bit to and hopeful that no further court action will because Microsoft is a Monopoly that leaves aggressively. Okay they have been slapped on be taken. us no other choices. Microsoft was the first the hands + somewhat constrained. To Microsoft made many concessions to bring to develop and successfully market a continue further brings the consumer, the this case to settlement; some items that I do seamless operating system and that is why economy, + the country no short or long term not believe were necessary. The settlement they are the industry leader. They should not benefit + its time to move on and not to be calls for the establishment of a three-person be penalized for this. manipulated by these 9 states. technical oversight committee that will I understand the settlement is encountering some trouble because certain adversaries of MTC–00031744 watch over Microsoft’s business operations. Any company can lodge a complaint against Microsoft, who opted to not join in on the SENT BY: GEMPLEX; Microsoft and the committee will handle the settlement with everyone else, are attempting 8708 Snowhill Court resolution of the dispute. This will allow to derail it. If they are successful in their Potomac Maryland 20854 competition in the technology industry and attempt, it will be a major set back for the Date: JAN–22–02 provide consumers with better choices in the entire technology industry. Continuation of To: Attorney General John Ashcroft marketplace, which is certainly in the best this litigation will only serve to hinder U.S. Department of Justice interest of the public. Microsoft is a great Microsoft’s productivity. It will cause Phone Number: 7036107280 company. They are successful today because collateral damage throughout the entire Fax Number: (202) 307–1454 or (202) 616– of innovative ideas and smart business industry. The settlement will ensure more 9937 decisions. It is time to let the people at accessible software and better business From: Gian Dilawari Microsoft get back to the business of shaping practices, enforced by a new Technical Phone Number: (301)299–3363 the technology industry. I would like to see Committee. Regards, the lawsuit settled and bring an end to this Microsoft must be allowed to settle this Gian Dialwari costly litigation. case as it and most of its opponents want to. VIA FACSIMILE Sincerely, It is absolutely necessary for the sake of Attorney General John Aschroft Mike Schulz innovation. US Department of Justice Sincerely, 950 Pennsylvania Avenue, NW MTC–00031746 Tony Lee Washington, DC 20530 2115 Brookhust Avenue President
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300 Frank H. Ogawa Plaza. Suite 350 MTC–00031750 federal funds, and should keep the Oakland. CA 94612 FROM : QPINKA ENTERPRISES FAX NO. : complaints sincere. Just as Microsoft is being Telephone:510.587.0900 520 625 5615 Jan. 23 2002 04:38AM P1 kept in check, the companies that wish to Facsimile: 1–20–02 take Microsoft’s market share should be 510.587.0901 James & Jean Spinka carefully watched. Thank you. www.Legendary.com 493 Paseo Chuparosas Sincerely, Daniel Dryer MTC–00031748 Green Valley, AZ 8561 ATTN: Jan 22 02 04:56p Fogarty Dryer 985–624– 01/22/02 19:50 FAX 8139755039 DOJ 5026 p.1 UNIVERSITY VILL 01 Ms. Renata B. Hesse MTC–00031753 U.S. Department of Justice WE SUPPORT THE MICROSOFT 01/22/02 17:58 FAX 6107933607 BARRON January 22,2002 SETTLEMENT 01 Attention: of Ms. Renata B. Hesse TO DOJ Patrick Baron Please put an end to the government’s long Jean & Jim Spinker 20 McMullan Farm Lane running legal assualt on Microsoft, which has MTC–00031751 West Chester, PA 19382 cost the taxpayers more than $35 million and JAN-22–2002 03:30 PM NUEVO MARKET January 17,2002 undermined one of the primary engines of AG John Ashcroft America’s economic growth. INC 9099281197 P.01 January 22,2002 US Department of Justice The proposed settlement is fair and 950 Pennsylvania Avenue, NW acceptable. Ms. Renata B. Hesse (202) 307–1454 Washington, DC 20530–0001 David Knight Dear Mr. Ashcroft, 12401 N. 22nd St. Apt. D 607 Department Of Justice Dear Ms. Renata B. Hesse: As a concerned citizen of this great nation, Tampa, Fl. 33612–3108 I am writing to give my support to the FAX number Microsoft is doing an excellent job. The lawsuite should never have been started. It settlement between Microsoft and the Justice (202) 307–1454 or Department. This case has been in litigation (202) 616–9937 was a total waste of taxpayer funds. There has been a settlement agreement. Hold to the for three years now. It is time to bring closure MTC–00031749 agreement. to this case, since there is no monopoly to begin with. Microsoft just develops better Tuesday, January 22, 2002 7:O1 PM 1–516– Sincerely, Floyd E. Brooks products then its competitors. 887–3184 p.01 However, I feel that the provisions of the Attention: Mr. John Ashcroft P. O. Box 54 Perris CA. 92572 settlement are both fair and reasonable. For Date: 1/22/02 instance, Microsoft has agreed to allow Company: Number of Pages: 2 MTC–00031752 computer makers to remove the means by Fax Number: 1202–307–1454 819 Harmony Lane which consumers access various features of Voice Number: Mandeville, LA 70471 Windows, especially sophisticated software From: Jean Donohue January 21, 2002 like Microsoft’s Internet Explorer web Company: Attorney General John Ashcroft browser, Windows Media Player, and Fax Number: 1–516–887–3184 Department of Justice Windows Messenger. They can then replace Voice Number: Pennsylvania Avenue, NW them with similar software like Netscape and Subject: Washington, DC 20530 AOL IM. Comments: Dear Mr. Ashcroft: Furthermore, Microsoft has agreed not to Tuesday, January 22, 2002 7:O1 PM 1–516– As a supporter and avid user of Microsoft retaliate against computer makers who ship 887–3184 p.02 products, I would like to see this antitrust software that competes with anything in its Jean M. Donohue case resolved as soon as possible. I feel that Windows operating system. I ask that the government stop continued legal action 26 Irving Place the settlement reached between your office against Microsoft. Lynbrook, NY 11563 and Sincerely, January 22,2002 Microsoft was fair and reasonable, and that Patrick Barron Attorney General John Ashcroft it was extensive enough to correct not only Cc: Sen. Santorum US Department of Justice the current problems, but future problems as 950 Pennsylvania Avenue, NW well. No more action is necessary at the MTC–00031754 Washington, DC 20530 federal level, and would only interrupt the 06/30/1995 01:37 12094774094 GEORGIA Dear Mr. Ashcroft: ongoing negotiations between Microsoft and I am writing you today to express my PAGE 01 nine states. Microsoft has agreed to change 1–22–02 opinion in regards to the Microsoft the way it develops, licenses, and markets its settlement issue. I support the settlement DOJ products, and has granted broad new rights Attn: Renata B. Hesse reached between Microsoft and the to software engineers and computer makers. Re: Microsoft As a taxpayer and consumer I government, and I support this company in Under the terms of the settlement, they can support the Microsoft settlement. this three-year-long debate. I hope this configure Windows so as to promote non- Thank You. litigation against Microsoft can end with the Microsoft programs that directly compete Georgia Schrum finalization of this settlement. with the programs already included within Georgia Schrum This settlement is a complete agreement, Windows Also, Microsoft will document, for 10550 Davis Rd. which Microsoft has agreed to fully uphold. use by its competitors, various interfaces in Stockton, CA 95209 Microsoft has agreed to license its Windows its Windows operating system. operating system products to the 20 largest I fear that the states that would continue MTC–00031755 computer makers and has agreed to grant with litigation are more concerned with JAN-22–2002 05:24 PM ALLEN computer makers broad new rights to return on investment than with consumer SCHAARSCHMIDT 1 610 515 1337 P.01 configure Windows so as to promote non- protection. I believe that if this case is judged Allen Schaarschmidt Microsoft software programs that compete by its merits, then it is easy to see that the 910 Gall Road with programs included within Windows. problems that brought the lawsuits have been Easton, PA 18040–6522 Please support this settlement. The addressed. A technical oversight committee January 20,2002 provisions included in this agreement are fair will ensure that Microsoft complies with the Attorney General John Ashcroft and will benefit consumers and the economy. terms of the settlement, and the competition US Department of Justice Thank you for your time. will be allowed to sue Microsoft if they feel 950 Pennsylvania Avenue, NW Sincerely, that they have been treated unfairly. These Washington, DC 20530–0001 Jean M Donohue provisions should avoid future wasting of Dear Mr. Ashcroft:
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I would like to go on record as supporting the Microsoft lawsuit. As a taxpayer and This issue should now be over and the settlement that was reached last consumer I support the Microsoft settlement. Microsoft and the government should now be November between Microsoft and the Anna L. Loomis able to move on and concentrate on the Department of Justice. It is about time that 2458 N. Willow Way future of our nation, both economically and the antitrust lawsuit that was filed three Indianapolis, IN technologically. I support the settlement, and years ago has finally been extinguished, and 46268–4247 look forward to the end of this lawsuit. I hope that the nine remaining states that are Sincerely, continuing will follow the lead of the MTC–00031758 Fred White Department of Justice. Jan 22 02 06:08p lMJOGWDGDODGDOD Jan 22 02 05:14p White Construction cons The court costs incurred by the Department 6504934303 .414–694–7873 p.1 Justice and the Microsoft Corporation are 7420 E Pontebella Drive higher than the GDP of some small countries. Scottsdale, AZ 85262–2727 MTC–00031760 Too much time and money have been wasted January 21,2002 Lakeside Water District on this matter; worsening the recession. Attorney General John Ashcroft 11329 El Nopal Microsoft has made a concession that is a US Department of Justice, Lakeside, Ca. 92040 first in an antitrust settlement: the sharing of 950 Pennsylvania Avenue, NW January 17,2002 source code and interfaces that are internal Washington, DC 20530–000 1 Renata Hesse, Trial Attorney to their software with competitors for Dear Mr. Ashcroft: Antitrust Division, Department of Justice instance. Additionally, an oversight The antitrust case settlement reflects the 601 D Street NW, Ste. 1200 committee set up by the government will efforts of intense lobbying efforts on the part Washington, DC 20530 constantly monitor Microsoft. Everything that of Microsoft’s competitors and the lack of VIA FACSIMILE was needed is now done; let us put this issue concern for the public’s best interests from (202) 616–9937 behind us and move on. the politicians. The antitrust case has been Dear Ms. Hesse: I support the settlement that has been ridiculous from the beginning. Microsoft has US v. Microsoft is a complex case which reached between the Microsoft Corporation been the leading innovator of technology I have spent some time trying to learn about. and the Department of Justice. over the last decade and became successful In situations like these, I often defer to Sincerely, by developing the best product, not by individuals more learned than I. I am writing Allen Schaarschmidt having monopolistic tendencies. the courts to ensure you are aware of the cc: Senator Rick Santorum The terms of the settlement force Microsoft opinions of Mr. James DeLong, a senior MTC–00031756 to increase their cooperation with fellow at the Competitive Enterprise Institute. competitors, give up technological secrets to Mr. DeLong’s argument was paraphrased in JAN 22 ‘‘02 05:39PM LINCOLN LAB GRP 94 competitors, not enter in to third party a recent article in the Orange County P.1 agreements for exclusive distribution rights, Register. I would like to share with the courts January 19,2002 nor retaliate against competitors who some of what he said. 159 Elsinore Street #8 Concord, MA 01742 promote or develop new products, and grant About the settlement, Mr. DeLong stated Attorney General John Ashcroft broad new rights to computer makers to ‘‘Most of all it gets the case done without US Department of Justice configure windows so that competitors can undue damage’’. According to Mr. DeLong, 950 Pennsylvania Avenue, NW more easily promote their own products. this lawsuit made no sense from the Washington, DC 20530 These concessions and more make up very beginning. It focused on Microsoft’s Dear Mr. Ashcroft: harsh terms for a company that played by the monopoly as it relates to processors; I am writing regarding the settlement that rules our capitalist society laid down for it. specifically, by running only on Intel chips. was reached between Microsoft and the Although I think the settlement is flawed, Yet, Macintosh runs on Motorola chips and Department of Justice. I support the I must support its implementation since I is gaining market share each month. Mr. settlement, because the terms are both fair think that further litigation would be even DeLong goes on to say that the real issue is and reasonable for everyone involved. more detrimental to our nation’s IT Sector the Internet. And, as we a11 know, Microsoft Microsoft will be making a number of and economy. I urge your office to support has nowhere near the Internet dominance of specific changes to their products, and the settlement and to what you can to get the companies like America Online or Yahoo. business practices as well. For example, nine states that currently want to continue The point of all this is-important people Microsoft has agreed to license its Windows this ludicrous dispute to do so as well. like James DeLong not only support the operating system products to the 20 largest Sincerely, settlement but recognize the absurdity of the computer makers on identical terms and ss case itself. I hope the courts will approve the settlement and end this ridiculous case. conditions, including price. Also, they have MTC–00031759 agreed to document and disclose for use by Sincerely, its competitors various interfaces that are 8730 Lakeshore Lakeshore Drive Frank Hilliker, Board Member internal to Windows’’ operating system Pleasant Prairie, WI 53158 Lakeside Water District January 21, 2002 products. MTC–00031761 Furthermore, Microsoft has also agreed to Attorney General John Ashcroft the establishment of a three person technical US Department of Justice JAN-22–02 17:57 FROM:FWMBCC committee that will monitor Microsoft’s 950 Pennsylvania Avenue, NW FORT WORTH compliance with the settlement and assist Washington, DC 20530 METROPOLITAN with dispute resolution. I urge the Dear Attorney General Ashcroft: BLACK government to terminate their efforts of I am writing to express my disapproval of CHAMBER OF COMMERCE further prosecution against Microsoft. further litigation being pursued against January 22, 2002 Sincerely, Microsoft on any level, federal or otherwise. Renata Hesse Bob Stock After years of legal disputes between Antitrust Division cc: Representative Marty Meehan Microsoft and the government, a settlement Department of Justice was reached. The settlement seems to be very 601 D Street NW Suite 1200 MTC–00031757 realistic and was arrived at after intensive Washington, DC 20530 JAN-23–2002 03:12PM FROM-K TUCKER negotiations. Microsoft will now share Dear Ms. Hesse: CARMEL T-956 P 002/002 F-066 information with its competitors, which will The Proposed Final Judgment-or Mr. Renata D. Hesse allow them to place their own programs on settlement-agreed upon on November 6, 2001 (202) 307–1454 the Windows system. Additionally Microsoft between Microsoft Corporation and the U.S. January 22, 2002 will license Windows out to the largest Department of Justice should be accepted by Dept. of Justice, computer companies in the U.S. on identical the U.S. District Court as soon as possible. It is imperative that you stop the exorbitant terms, so that there is no possibility of Civil Action 98–1232, The United States of government waste of money being spent on favoritism. American vs. Microsoft Corporation, reads
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like a litany of Microsoft successes not their Johnston, Iowa 501131–1295 * Serve and support the state, consortium excesses. Affiliated with FEY, HAUS & ST. CLAIR and individual organizations that belong to Microsoft products have cornered much of January 22,2002 USDLA; the market because they are the best Judge Kolar Kottely * Provide annual recognition and awards available. The proposed settlement doesn’t c/o Renata Hesse of outstanding achievements in distance lessen Microsoft’s consumer appeal, but it Trial Attorney—Antitrust Division learning; does allow consumers added flexibility in U.S. Department of Justice * Serve as a catalyst for the formation of use of competitor software. 601 D Street NW, Suite 1200 partnerships among education, business, The settlement needs to bc ratified so the Washington, DC 20530 healthcare, and government; high tech industry can get back to competing Dear Judge Kottely, * Achieve a global leadership’’ role in the market. Please end this case and let the I’m sure you’ve received a lot of mail on through liaisons with international market continue to work. the Microsoft settlement and you’ve been organizations; Sincerely, very busy since the agreement was reached. * Promote equity and access to lifelong Devoyd Jennings I just wanted to drop a quick note to let you learning through distance learning; and, President & CEO know that I support the Microsoft settlement. * Promote diversity in our organization 1150 S. Freeway. Ste. 211, Fort Worth, I believe it is a fair and just resolution to a and its programs. Texas 76104 (817) 871–6538 Fax (817) 332– long, drawn-out, and complicated problem. I approach the issue of Microsoft’s anti- 6438 Why would anyone want to punish competitive nature from the perspective of someone for being successful? I gather that a one whose goal it is to expand learning and MTC–00031762 lot of heat has been generated against allow anyone, anywhere, regardless of his or From: Sunil Arora Microsoft because of jealous competitors. her computer system, to participate in the To: Attorney General Well, this settlement now incorporates a new educational system. Hence, openness and Date: l/22/02 Time: 5:18:26 PM Page 1 of 1 mechanism that makes it easier for software supporting methods to competition are RELIANCE TEHNOLOGIES, INC. companies to promote non-Microsoft extremely important goals. If a potential INFROMATION TECHNOLOGY software into Windows. distance learner has software that, for whatever reason, makes it impossible to DEVELOPMENT, CONSULTING The settlement is good and no one was left without a fair deal. communicate with other, more ‘‘popular’’ MANAGEMENT Get this over with, please! software, he or she will be shut out from the January 16, 2002 Sincerely, learning network. Attorney General John Ashcroft Thomas H. Fey Accordingly, the USDLA supports the U.S. Department of Justice remedies that will maximize consumer 950 Pennsylvania Avenue, NW MTC–00031764 choice, foster competition and promote Washington, DC 20530 01/22/02 05:26P P.OO1 interoperability of software products with Dear Mr. Ashcroft, USDLA multiple operating systems, such as the Microsoft could never have achieved its UNITED STATES DISTANCE LEARNING following: level of success had it not been responsible ASSOCIATION * Microsoft should offer a basic version of for developing popular and easy to use FACSIMILE TRANSMITTAL SHEET Windows to personal computer makers—one software. This lawsuit seems to miss this To: Renata B. Heese that is unencumbered with Microsoft ‘‘add- point and, in essence, penalizes Microsoft for FROM: John G. Flores, Ph.D., Executive ons.’’ For example, this basic version would its successes. Now that there is a federal Director make optional any Internet access software, settlement being debated, I wanted to voice FAX NUMBER: 202.307.1454 media players, or email applications. my support and urge you to convince DATE: January 22,2002 * The software code for Internet Explorer Connecticut AG Richard Blumenthal to COMPANY: Antitrust Dept. US Dept of should be made available to other software change his ways and support this wise Justice developers, preventing Microsoft from settlement. TOTAL NO. OF PAGES INCLUDlNG COVER: monopolizing Internet access. I am relieved that the litigation has ended 3 * Some means, such as the suggested with a settlement such as this. Even though PHONE NUMBER auctioning of licenses, should be developed some of the terms go well beyond the intent SENDER’S FAX NUMBER: 781.453.2389 to allow competitors to produce versions of of the suit, it is sufficiently fair for both sides RE: The Microsoft Settlement the office software suite to run on non- to be satisfied. I am nervous about some of SENDER’S PHONE NUMBER: 800.275.5162 Microsoft operating systems. In addition, the talk of giving out parts of Microsoft’s 140 GOULD STREET, SUITE 2008 interoperability should be enhanced by the intellectual property, but the bans on NEEDHAM MA 02494 inclusion of ‘‘middleware’’ in Microsoft’s retaliatory behavior are palatable, and if they PHONE: 800.275.5162 o FAX: 781.453.2389 Windows XP operating system. represent a bona fides effort on Microsoft’s 01/22/02 O5:26P P.002 The USDLA supports Massachusetts part, they may be quite beneficial in the long USDLA Attorney General Tom Reilly in his efforts to run. UNITED STATES DISTANCE LEARNING restore competition in the PC operating I sincerely hope that we lay this whole sad ASSOCIATION system market and curb Microsoft’s unlawful process against Microsoft to rest. January 22, 2002 practices. As the Attorney General states in Yours truly, Renata B. Hesse a recent article in the Boston Globe: ‘‘The Sunil Kumar Arora Antitrust Division Microsoft case always has been about simple, Account Manager U.S. Department of Justice American principles: opportunity, RELIANCE TECHNOLOGIES, INC 601 D Street NW competition, and fair play. Our economy is 25 THIRD STREET, 3rd FLOOR suite 1200 built on those principles. The future of high STAMFORD CONNECTICUTUT 06905. Washington, DC 20530–0001 technology in Massachusetts demands that PH: (203) 358–9562, FAX (203) 325–1521 Re: The Microsoft Settlement we fight for them.’’ EMAIL: RTIINFO@RELIANCE I am writing to you today on behalf of the Similarly, we must fight to preserve the TECHNOLOGIES.COM United States Distance Learning Association right to lifelong learning for all Americans. www. RELIANCE TECHNOLOGIES.COM (USDLA). Our mission is to provide national Doing so requires that we reject the Microsoft Microsoft leadership in the field of distance learning, settlement as it stands and seek a more CERTIFIED A specifically to: effective and enforceable agreement. * Advocate and promote the use of Sincerely, MTC–00031763 distance learning; Dr. John G. Flores FROM : FEY & GOMEZ, INC. FAX NO. : 515– * Provide current information on distance Executive Director 254–1836 Jan. 22 2002 04:32PM P1 learning; [email protected] FEY & GOMEZ, INC. * Represent the distance learning GOVERNMENTAL POLICY SERVICES community before government policy and MTC–00031765 5608 Kensington Circle regulatory bodies; 01/22/02 TUE 18:07 FAX 301 840 1591
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ALDEBARON FINANCIAL SOLU 001 I support the settlement and hope it is Sincerely, January 21, 2002 accepted as soon as possible. Betty Nichols Attorney General John Ashcroft Sincerely, MTC–00031769 950 Pennsylvania Avenue, NW Arnold Cirtin, CPA, Ph.D. Washington, DC 20530–0001 Jan-23–02 08:37A P.01 Dear Mr. Ashcroft: MTC–00031767 3531 Middle Cheshire Road I would like to take this opportunity to give From:MINIUTEMAN PRESS. 912 356 9895 Canandaigua, NY 14424 you my thoughts on the Microsoft Case. I am 0l/22/2002 16: 58 #942 P .0O1/O01 January 22, 2002 pleased to see that an acceptable settlement January 17,2002 Attorney General John Ashcroft has finally been reached in this case. I also Attorney General John Ashcroft US Department of Justice feel that is truly in the best interest of our US Department of Justice 950 Pennsylvania Avenue, NW country and our economy that the settlement 950 Pennsvlvania Avenue. NW Washington, DC 20530 be accepted as soon as possible. The Washington, DC 20530 Dear Mr. Ashcroft: settlement is fair and will restore fair Dear Mr. Ashcroft: This is to address the recent settlement competition to the computer industry. I am writing you today to express my between the Department of Justice and As a software development company, we opinion in regards to the Microsoft anti-trust Microsoft. This agreement should stand. deal with Microsoft products on a regular dispute. I support Microsoft in this dispute, Enough is enough. It has gone on for three basis. I am particularly happy to see that the and I favor the settlement reached in years, costing enormous amounts of time and settlement will allow users to remove any November. This settlement is complete and money both to taxpayers and Microsoft. We default Microsoft programs from Windows thorough, and I am anxious to see this need to put this issue behind us and move without having to then reinstall the entire dispute resolved permanently. forward. operating system. Additionally, OEM’s will Microsoft has agreed to carry our I think Microsoft has been more than fair now be permitted to pre-install non- provisions in this agreement, such as: in agreeing to the requests of the Department Microsoft programs within Windows without designing future versions of Windows to of Justice. Microsoft has agreed to allow fear of retaliation from Microsoft. Nor will provide a mechanism to make it easy for computer makers to ship non-Microsoft Microsoft enter into any contracts that would computer makers, consumers, and software product to a customer; Microsoft has agreed force third parties to solely distribute developers to promote non-Microsoft to design future versions of Windows, Windows. Also, Microsoft will be sharing a software within Windows. The mechanism making it easier to promote non-Microsoft great deal of their design information with will make it easy to add or remove access to software within Windows. Microsoft has their competitors, namely allowing different features built into Windows or to non- agreed to an oversight committee. This is server systems to interoperate with Microsoft software. Microsoft has pledged to much more than I think any of Microsoft’s Microsoft’s systems. create more opportunities for competing competitors would do. What happened to The proposed settlement adequately companies. free enterprise in this free country? addresses the issues Microsoft has been Microsoft is a company that delivers I urge you to give your approval to this accused of, so I ask that you please accept agreement and let us, and Microsoft, get back quality product to the marketplace. I have this settlement. to business. used Microsoft’s products for years now, and Sincerely, Sincerely, I hope I will be able to enjoy these products Chrus Brown Janice Adams Aldebaron Financial Solutions for years to come. Please do your part to stop 15839 Crabbs Branch Way litigation against Microsoft. Thank you for MTC–00031770 Rockville. MD 20855 your support. Sent, by:Thornton Jan-23–02 08:48am from Phone (30I)670–0858 Sincerely, 904 725 7969–202 353 8856 page 1/ 1 Fax (30I) 840–1591 Anna Gounaris Fax 1–202–307–1454 or 1–202–616–9937 www. sympaq.com MTC–00031768 Subj: MICROSOFT SETTLEMENT Date: 01/22/2002 5:25:39 PM Eastern MTC–00031766 Jan 22 02 09:26p NICOLS 1919 596 1074 p. Standard Time FROM : ARNOLD AND BETTY CIRTIN 1 From: TomBat2 FAX NO. : 9163159035 Jan. 22 2002 210 Robbins Road To: [email protected] 02:06PM P1 Durham, NC 27703–9748 cc: TomBat2 Dr. Arnold Cirtin, CPA January 22, 2002 Dear Sirs: Professer Emertius of Accounting Attorney General John Ashcroft I feel strongly that Microsoft innovation in 2017 Archer Circle US Department of Justice computer operating systems has been the Rocklin, California 95765 950 Pennsylvania Avenue, NW driving force behind the rapid expansion of Telephone and Fax (916) 315–9035 Washington, DC 20530 computers into almost every business and E-mail [email protected] Dear Mr. Ashcroft: home. Some business practices, while January 21, 2002 My name is Betty Nichols. I reside in structured to further the growth of their Attorney General John Ashcroft Durham, North Carolina. I want to encourage company, have not hurt the consumer. To the Department of Justice the Justice Department to act on the terms of contrary, their continuous innovations have 950 Pennsylvania Avenue its settlement agreement with Microsoft as consistently expanded the usefulness of Washington, DC 20530 soon as possible. computers at continuously lower cost. Dear Attorney General Ashcroft: While I do not understand every detail of The antitrust suit may have had some merit I respectfully request that you approve the the settlement agreement, I understand that relatively to their competitors but little or no settlement that was reached as a result of the Microsoft has agreed to open its systems to value to consumers. The antitrust Microsoft litigation. This litigation has been greater competition by allowing computer proceedings seem to have the tone of a a heavy burden on one of America’s finest makers to offer competitive products within vendetta rather than rational legal companies. One product alone, Windows, the Windows operating system. I also proceedings. has enabled millions of us to productively understand that Microsoft agreed to allow The time has come to end it. use computers in our businesses and homes, removal of some of its products from the Sincerely, which we would not be able to do otherwise. Windows systems. These are significant Thomas and Beverly Thornton The settlement has dealt with the concerns concessions. I believe that Microsoft has gone Jan 23, 2002 of those who feel that Microsoft has unfairly the extra mile to settle this case, and they dominated the market; consequently, the should be allowed to comply with the terms MTC–00031771 federal action should be brought to a close of the agreement rather than continue to USC/Canterbury quickly. To continue this case into the future waste time and money in court. Canterbury Consulting Group would be to place unnecessary roadblocks in I would sincerely like to see this matter January 21, 2002 the path of one of America’s most innovative brought to a close as soon as possible. I Attorney General John Ashcroft industry leaders. appreciate your time and attention. U.S. Department of Justice
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950 Pennsylvania Avenue, NW MTC–00031773 at issue in the suit, to the benefit of Washington, DC 20530–0001 FROM : KEENER HOME & OFFICE FAX NO.. Microsoft’s competitors. I think Microsoft’s Dear Mr. Ashcroft: : 919 571–0802 Jan. 23 2002 08:28AM competitor cannot complain for any valid Public response is important to the P1 reason. settlement of the lawsuit against Microsoft. I Katherine 0. Keener Therefore, any further federal lawsuits am writing in support of this settlement. I 2428 E. Lake Drive against Microsoft would be considered by think it is in the best interest of the industry Raleigh, North Carolina 27609 most to nothing more than pure harassment. to settle this issue and move forward to solve January 23,2002 Free enterprise should reign supreme in our the economic problems that face our industry Attorney General John Ashcroft American homeland. and country. US Department of Justice Sincerely, In the future I hope that all litigation 950 Pennsylvania Avenue, NW Linda J. Dool brought against technology companies, Washington, DC 20530 MTC–00031775 including forcing companies to release Dear Mr. Ashcroft, source code to third party software I am writing to voice my support for Jan 23 02 08: 18a KENNA HOLMES developers, is carefully scrutinized and fair. Microsoft in the antitrust dispute that has 8137591789 P.1 V & R INSURANCE There exists a big difference between those gone on for three years. This litigation is a AGENCY companies that invest tremendous resources waste of the government’s valuable time and P.O. Box 1536 over many years to develop unique the financial resources of its citizens. Other Plant City, FL. 33564–1536 * 503D Martin products— and those who simply copy the matters more pertinent to the health of the Luther King St. work of others. national economy should be addressed. Plant City, FL. 33566 Sincerely, I support the legal settlement reached in 1–813–752–2065 Patricia Bednarik November. I believe this settlement is fair to * Fax 813–759–1789 President all concerned parties and will ultimately Attorney General John Ashcroft USC/Canterbury Corp. benefit the whole economy and consumers. US Department of Justice, 950 Pennsylvania Avenue, NW 801 Compass Way, Suite 205, Further litigation will not! Washington, DC 20530–0001 Annapolis, MD 21401 This settlement wil1 also benefit the January 21, 2002 410–573–2022 technology industry and companies Dear Mr. Ashcroft: * 888–472–4721 attempting to compete with Microsoft. The I am writing to express my full support of * Fax 410–573–5228 company will start to share more information the recent antitrust case settlement between USC/Canterbury Corp. is a wholly owned with other companies, including certain Microsoft and the US Department of Justice. subsidiary of Consulting Group, Inc. internal interfaces in Windows and protocols Microsoft has been extremely helpful to the Jan 23 02 08:41a USC/Cantwrbury 410– implemented in Windows, on reasonable and non- discriminatory terms. Microsoft has also IT sector’s growth over the years. It has even 573–5229 p.1 accepted to be monitored by a technical been helpful in weeding out inefficient MTC–00031772 oversight committee created by the companies that were run poorly. Yes, Microsoft at times exhibited aggression, but 01/23/2002 09:37 4137743525 FRANKLIN government. that is what our country dictates as necessary CTY SHERIFF I urge you to support the settlement so to achieve success in a free market. 160 Elm Street Microsoft employees can fully devote their resources to performing their jobs. It is time Under the terms of the settlement GreenfIeld, MA 01301 to move on to other issues. Microsoft will be required to tone their January 18,2002 Thank you for your support. marketing tactics down. They have agreed to Attorney General John Ashcroft Sincerely, disclose technological codes and protocols US Department of Justice Katherine O. Keener that will allow competitors to develop and 950 Pennsylvania Avenue, NW promote products that are compatible with Washington, DC 20530 MTC–00031774 Windows’’ operating systems. They have also Dear Mr. Ashcroft: JAN -23–82 WED 6:53 STI P.01 agreed to design future Windows’’ versions The more I read about the recent 6809 Connecticut Trail so that competitors can more easily promote developments in the Microsoft settlement, Crystal Lake, IL 60012–3127 their own products. the more I get annoyed that it is being further January 22, 2002 Please stop opposition from further hurting scrutinized. After three years of negotiating, Attorney General John Ashcroft our country. We want this thing to come to it is clear that this sett1ement was part of a US Department of Justice, 950 Pennsylvania an end ASAP. well thought out process that yielded a fair Avenue, NW Sincerely, and reasonable agreement. It is time to Washington, DC 20530–0001 Ray Rollyson support this and get back to business. Dear Mr. Ashcroft: As our economy continues to falter, it I wish to express my frustration at the fact MTC–00031776 seems more and more imperative to support that it has taken three years for the U.S. Jan-23–02 08:17A SHELBY LAW P.01 our technology industry. Microsoft has Department of Justice to complete its January 21, 2002 obviously done so by working hard to get the antitrust lawsuit against Microsoft. My hope Attorney General John Ashcroft IT sector back on track. By making changes is that our nation’s economic climate will be U.S. Department of Justice in licensing, marketing and even design, greatly improved from this computer giant 950 Pennsylvania Avenue, NW Microsoft has taken a bold step toward returning its full focus back to innovation. Washington, DC 20530–0001 uniting our IT sector. Also, as an anti-trust Microsoft has agreed to design future Dear Mr. Aschroft, settlement first, Microsoft has agreed to versions of Windows to provide a mechanism I am greatly pleased to hear that the disclose various interfaces that are internal to to make it easy for computer makers, Department of Justice has announced a Windows’’ operating system products, All of consumers and software developers to proposed settlement for the Microsoft this will be monitored by a committee to promote non- Microsoft software within antitrust case. This case has been mired in ensure that Microsoft follows procedure. If Windows. This will make it easy to add or court going on four years now; the settlement these concessions are not a clear signal of remove access to features built in to should be finalized so that technology cooperation, I do not know what is. Windows or to non-Microsoft software. providers can concentrate on IT development I urge you to help support this more than Consumers will have the freedom to choose without the burden of further pending fair agreement, by making sure that no more to change their configuration at any time. litigation. actions are taken against it. It is time to Microsoft does not get off easily. The This settlement ensures that Microsoft will support our IT sector and get them back to settlement came after extensive negotiations grant competitors extensive nights to focusing on innovation and not litigation. with a court-appointed mediator. The parties reconfigure Windows so that they can Sincerely, agreed to terms that extend well beyond the promote their own—or Microsoft’s RussWissman products and procedures that were actually competitors’’— products on Windows. This
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represents just one of Microsoft’s many and procedures that were actually at issue in litigation is neccessary. Unfortunately, nine changes in it business practices, slowly the suit. This was done for the sake of ending plaintiff states involved in the case do not agreed to over many months of negotiations the litigation so that Microsoft could get back agree. They are currently seeking to overturn with a court- appointed moderator. to producing innovative products the settlement and bring further suit against With your support, I’m sure this case can However, they might not be completely Microsoft. This matter has been pending for be finalized soon for the good of the IT Microsoft’s innovations anymore. The far too long, unfortunately to no one’s benefit industry and the nation’s economy. Thank settlement requires them to turn over to their except the highly rewarded lawyers to the you. competitors data and code that are internal detriment of thc consumers like myself. Sincerely, to the Windows operating system. Therefore I feel that it is about time for the Marilyn Law It is not fair to make a company give up case to come to a quick conclusion. I believe their intellectual property, I support the Microsoft has the right to remain in control MTC–00031777 settlement, but only because it ends the suit. of its own software, but I believe that terms JAN-23–2002 07 : 42 NORM COLONNA Sincerely, of the agreement are beneficial because they NAM P. 01 Dorothy Zimmerman allow more freedom on the part of the user. January 22, 2002 425–353–7786 By comparison, I look at other major Attorney General John Ashcroft Companies Ford, Mercedes Benz, Bacardi.... US Department of Justice MTC–00031779 etc. We could all say that these other 950 Pennsylvania Avenue, NW Jan 23 02 00:29 Bellamy (704) 554–8126 p.1 companies hold a monopoly as well... Will Washington, DC 20530 Joanne Bellamy all these companies be required to comply Dear Mr. Ashcroft: 3919 Highview Road with policies being asked of Microsoft? I am the National Sales Manager of Konica Charlotte. NC 28210 Under the terms of the settlement, Microsoft Computers. I know computers. I have tried January 22, 2002 will be required to disclose source code for every computer system there is: Linux, Attorney General John Ashcroft use by its competitors. Microsoft has also Gateway, you name it. But after many tries US Department of Justice agreed to reformat future versions of with other companies, I now use Microsoft 950 Pennsylvania Avenue, NW Windows so that the operating system will exclusively because it works. Its software is Washington, DC 20530 support non-Microsoft software. Now, superb. I can buy a Microsoft computer with Dear Mr. Ashcroft: computer users whose computers run on the complete package, Word, Adobe Acrobat, I am writing to you today to express my Windows will have the ability to configure Excel, without having to run all over the support of the settlement reached between Windows as they see fit. I am pleased that place and go through the hassle of integrating the Department of Justice and Microsoft. The the suit did not result in Microsoft’s division different software. I do not condone the inception of this case by the federal into smaller parts. and I believe that this antitrust case against Microsoft. The suit was government marks the initial decline in the settlement is in the best interest of both is expensive and time consuming. Microsoft’s technology industries seen in recent years. computer makers and the consumer. competitors had difficulty competing in the Despite modest recoveries last year, the IT Mr. Ashcroft, I do not believe further market place, hence brought suit against the sector has flailed in direct relation to this litigation IS at all necessary Such litigation company hoping to limit Microsoft’s reach. litigation Process. The settlement of this case, will only increase not only the governments A settlement has been reached, and I want conversely, would certainly increase costs which in the end is the taxpayers, like this settlement to stand. Any further action confidence in the industry. Given the state of myself. Pushing the issue any further would is ridiculous and a waste of taxpayer time the economy at the present this would he the be totally counterproductive and would be, I and money. Even the federal judge who best path to follow at this tune. believe, ultimately detrimental to the handed down the decision knew it was time Furthermore, the details of this settlement economy, the technology industry, and the to end this suit. We could go on forever, encourage important change in the industry American people. I urge you to support the examining every little item and as well. Microsoft has agreed to make settlement. accomplishing nothing except giving in to protocols implemented in the Windows Sincerely, those jealous souls who wish nothing but ill operating system products to be disclosed to Gonzalo H. Iglesias for Microsoft simply because they aren’t as its competitors. This will be available to successful, aren’t as good. competitors on ‘‘reasonable and non- MTC–00031781 I support the Microsoft settlement. Thank discriminatory’’ grounds. Thus, competitors JAN-22–2002 11:06 PM G L YOUNG 937 you. will now have the information necessary to 5488832 P.01 Sincerely, develop software that is increasingly FAX TRANSMITTAL FROM Norm Colonna compatible with the Windows system. Gary Lee Young National Sales Manager Thank you so much for your concern 3685 West Drive regarding this issue. Greenville, Ohio 45331 MTC–00031778 Sincerely, Fax: 937/548–8832 01/23/2002 00:58 425–353–7786 DE ORJG Joanne Bellamy fax to DOJ ZIMMERMAN PAGE 01 direct to Ms. Renata B. Hesse Dorothy Zimmerman MTC–00031780 city & state 8703 54th Palce W Jan-23–02 12:28A fax# 202 367 1454 Mukilteo, WA 98275–3131 Gonzalo H. Iglesias today’s date 1–22–02 January 21, 2002 66 Gables Boulevard no. of pages including cover Attorney General John Ashcroft Weston, FL 33326 sheet 1 US Department of Justice 9543857311 from: Gary Ser Young 950 Pennsylvania Avenue, NW [email protected] comments: Washington, DC 20530–0001 January 22, 2002 I support the Immediate Settlement of the Dear Mr. Ashcroft, Attorney General John Ashcroft Microsoft Case This letter is to show my support for the US Department of Justice, settlement that was reached between the 950 Pennsylvania Avenue, NW MTC–00031782 Microsoft Corporation and the Justice Washington, DC 20530–0001 01/22/02 TUE 22:46 FAX 17622166 Rudy A. Department, I see no reason to drag the Dear Mr. Ashcroft Masry 001 antitrust issue out any longer than it already The Justice Dcpartmcnt and Microsoft have 17 leawood Drive has been. The sooner that this settlement gets been tied up in a court battle for the past BriarcIiff Manor, NY 10510 implemented, the better. three years, and for the past six months, January 22, 2002 The settlement was agreed to after negotiations have taken place under the Attorney General John Ashcroft extensive negotiations with a court- supervision of a court appointed mediator. US Department of Justice appointed mediator. Microsoft has agreed to Microsoft has, I think, been dealt with fairly 950 Pennsylvania Avenue, NW terms that extend well beyond the products in the settlement, and I do not believe further Washington, DC 20530
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Dear Mr. Ashcroft: Attorney General John Ashcroft makers who ship software that competes I am writing to express my opinions United States Department of Justice with anything in its Windows operating regarding the Microsoft antitrust case. I feel Washington, DC 20530–0001 system. Microsoft has also agreed to license that the settlement reached between the Dear Attorney General Ashcroft: its Windows operating system products to Department of Justice and Microsoft is fair I am writing to express my support for the the 20 largest computer makers on identical and reasonable, and has been extensive recent antitrust settlement between Microsoft terms and conditions, including price. In enough for nine states to approve. Further and the US Department of Justice. Although addition, Microsoft has agreed to grant federal action is unnecessary, especially I do believe its marketing tactics have been computer makers broad new rights to while Microsoft is involved in negotiations a bit too heavy handed at times, I have configure Windows so as to promote non- with the remaining states to reach a worked daily with its products and those of Microsoft programs that compete with conclusion. its competitors for many years and know programs included within Windows. Microsoft has agreed to change the way it from experience that the foundation of its This settlement is in the best interest of the develops, licenses, and markets it software. industry leadership rests, not on marketing, pubIic and the economy. The recession has Software engineers and computer makers but on the superiority of its products. I am had a horrible effect on state budgets and the will be allowed to configure Windows so as a Microsoft supporter who thinks that its federal budget, and it is important that the to promote non-Microsoft programs that products and services have contributed technology sector be allowed to concentrate compete with those programs already greatly to American economic strength at the on business as soon as possible. included within. Also, Microsoft agreed to end of the Twentieth Century. Microsoft’s Sincerely, stop retaliating against companies that leadership in standardizing the technology William Stevens produce or promote software and hardware industry has produced benefits, to both 1645 Mayfair Court that competes with Microsoft products. consumers and to its competitors, which far Auburn, Alabama 36830 The settlement not only addresses the issue exceed any detriment attributable to its past MTC–00031786 that brought about the case, but provides for marking approaches, I have no doubt that the future problems as well. A technical settlement is in the best interests of the JAN–22–2002 09:52 PM THE BOLDUC FAX MACHINE 201 444 7140 P.01 oversight committee will ensure that public since it does not break up Microsoft, Bruce Bolduc Microsoft complies with the terms of the but does temper its ability to isolate other 147 John Street agreement, and the competition will be vendors. Ridgewood, New Jersey 07450 allowed to sue Microsoft directly if they feel Under the terms of the settlement Attorney General John Ashcroft they have been treated unfairly. Microsoft has agreed to disclose internal US Department of Justice I believe that the longer uncertainty interface technology and codes for server 950 Pennsylvania Avenue, NW surrounds this case, the longer that interoperability. They have also agreed to Washington; DC 20530 innovation will stall. We must allow the design future Windows versions so that Fax—1–202–307– 1454 industry and the economy to move forward, consumers, software developers, and computer makers will be able to promote Dear Mr. Ashcroft: and I believe this settlement is the vehicle to Litigation is expensive, very expensive. more easily their own products. These do it. The amount of money spent in both pursuing stipulations and more on Microsoft’s behalf Sincerely, and defending the issues surrounding the US will protect consumers’ rights as well as Ally Masry vs. Microsoft lawsuit is astronomical. competitors’ latitude to operate in this Taxpayers will bear the brunt of the cost on MTC–00031783 market. this suit, and that will seriously mitigate the FROM : Jim Tamm PHONE NO. : 650 345 Our economy is in recession and we are consumer benefit of the letters. According to 9386 Jan. 22 2002 08:58PM P1 fighting an ongoing war on terrorism. Surely the terms of the settlement, Microsoft must Ryan Tamn our government should be focusing on other operate under the supervision of an outside 2118 Lyon Avenue more pertinent issues. It’s time to settle this technical committee and disclose parts of Belmont, CA 94002 case as soon as possible. Thank you. windows code to competitors. These points January 17, 2002 Sincerely, of the settlement force Microsoft to open its Attorney General John Ashcroft John C. Flohr, Ed.D business dealings and research to third United States Department of Justice cc: Senator Rick Santorum parties. These two points in the settlement 950 Pennsylvania Avenue, NW MTC–00031785 alone are enough punitive action to Washington, DC 20530–0001 compensate for any unethical practices 01–22 02 21:55 W F STEVENS Dear Mr. Ashcroft, Microsoft may be guilty of. Yet, the PAGE 1 OF 2 I ardently support the settlement reached settlement goes much deeper, proof that this TO: ATTORNEY GENERAL—JOHN between the Dept. of Justice and Microsoft. suit has been in court for too long. ASCROFT Protracted litigation has served only to The terms of the settlement are more than stagnate the economy. The tech industry has FAX 1–202–307–1454 fair to the plaintiffs in the case and are the shown decline in direct correlation with the SUBJECT: Microsoft Settlement result of extended litigation. The Department federal government’s pursuit of this case. I do FROM: WILLIAM F. STEVENS of Justice must see that the proposed not believe this to be coincidental. FAX 334–826–3046 settlement is not derailed; too much time and Incidentally, the settlement should 01–22 02 21:55 W F STEVENS money have been spent in arriving at this increase the productivity in the tech T: 334 826 3046 point. industry. Although Microsoft has made many P:02 Sincerely, concessions through the process, such as its January 13, 2002 Bruce Bolduc agreement to license Windows at the same Attorney General John Ashcroft rate to the top twenty PC makers, they have US Department of Justice MTC–00031787 done so in the attempt to resolve this issue. 950 Pennsylvania Avenue, NW 01/22/2002 20:05 7023636710 PAGE 01 And resolving this issue is in everyone’s Washington, DC 20530 FAX TO: 1–202–307–1454 best interests. I am very happy about the settlement that ATTN: MS. RENATA B. HESSE Enact the settlement at the end of January. has been reached between Microsoft and the I support the settlement that the DOJ made Sincerely, Department of Justice. The required changes with Microsoft and believe the court cases Ryan Tamm in Microsoft’s business practices will restore should now be stopped. fair competition and prevent future antitrust Wayne Strube MTC–00031784 violations. But most importantly, the 702–369–6710 01/27/1997 05:06 814–238–5885 CDG INC settlement will allow the IT industry to Jan 23, 02 PAGE 01 concentrate on business now. 16 Cedar Lane The agreement mandates a number of MTC–00031788 State College, PA 16801–6705 specific changes. For example, Microsoft has 01/22/2002 19:44 8506784571 SAM DAWSN January 22, 2002 agreed not to retaliate against computer PAGE 01
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7 Kristin Circle Niceville, FL 32578 Walter Israel The settlement is a fair and reasonable January 21 ,2002 Owner compromise. Microsoft created a superior Attorney General John Ashcroff 6041 Wilkinson Boulevard, Belmont, NC product than its competitors and is not US Department of Justice 28012 responsible for the inner turmoil and troubles 950 Pennsylvania Avenue, NW of other companies. The relentless MTC–00031790 Washington, DC 20530 investigation that the US Attorney’s office Dear Mr. Ashcroft: JAN–23–2002 10:03 AM DEL.JAY O’BRIEN has waged against Microsoft in the past years I am a firm supporter of Microsoft. I feel 804 643 1860 P.01 is unreasonable and needs to end with this that this antitrust case must be halted. COMMONWEALTH OF VIRGINIA compromise. The time has come to end the Microsoft is a first class company that has HOUSE OF DELEGATES lawsuit and reach an amicable decision. done nothing but add productivity and RICHMOND The proposed settlement is tough, yet capital to this nation. The Government had JAY O’BRIEN reasonable, and a valuable tool in bringing no business pursuing this suit in the first 7003 CLIFTON HUNT COURT stability back to our economy. It is my hope place. I feel that the settlement that has CLIFTON. VIRGINIA 20124 that the Court will approve the proposed finally been reached must be accepted so that FORTIETH DISTRICT settlement between Microsoft and the United we can finally get back to business as usual COMMONWEALTH OF VlRGlNlA States Attorney’s office. in this country. HOUSE OF DELEGATES Sincerely, I feel that under the circumstances the RICHMOND Jay O’Brien settlement is fair, I would rather see the suit COMMITEE ASSIGNMENT Member, House of Delegates dropped but since that is unlikely a good MINING AND MINERAL RESOURCES (CO. DISTRICT (888) 808. 3921 settlement is needed. Microsoft will be held CHAIR) RICHMOND (804) 608–1040 accountable to a three-person oversight PRIVILEGES AND ELECTIONS E–MAIL. DEL OBRIEN@HOUSE STATE. EDUCATION committee that will monitor Microsoft’s VA. US GENERAL LAWS compliance with the terms. Microsoft has CORPORATIONS, INSURANCE AND MTC–00031792 also agreed to design all future versions of BANKING Windows to be compatible with the products 01/23/02 WED 07:35 FAX 3154462632 DELEGATE JAY O’BRIEN KEYBANK NOTTINGHAM 001 of its competitors. I feel that this settlement FAX COVER SHEET Key Bank goes above and beyond the necessary To: Renata Hesse 215 Tecumseh Rd restrictions and anyone who chooses not to Organization: Department of Justice Syracuse NY 13224 accept the terms is clearly pursuing this case Date: 1 23 02 315–446–8091 for personal political gain. Fax Number: 202 616 9937 315–446–2632 fax Please ensure that this case is put to rest Comments: pg. 1 of 2 FAX with all possible haste. Free enterprise is a Thank you To: Renata Hesse priceless commodity that we enjoy in this If you have any problems with this From: Kevin Holmquisst nation. Litigation like this eats away at the transmission, please call us at 804–698– Fax: 202–616–9937 very fabric that holds this nation together. 1040. Thank you for considering my position. DISTRICT (888) 508–3921 RICHMOND (804) Pages: 2 Sincerely, 698–1040 E–MAIL Phone: Samuel Dawson [email protected] Re: U.S. v. Microsoft cc: Representative Jefferson Miller JAN–23–2002 10:04 Am DEL. JAY O’BRIEN cc: Urgent X For Review Please Comment Please MTC–00031789 804 643 1860 P–02 COMMONWEALTH OF VIRGINIA Reply Please Recycle FROM : HOUSE OF DELEGATES Comments: FAX NO. : RICHMOND Thank You! Jul. 21 2001 02:08AM P1 FORTIETH DISTRICT Kevin Walter Israel January 2I, 2002 01/23/02 WED 07:36 FAX 3154462632 Architectural and Design Lines COMMITTEE ASSlGNMENTS KEYBANK NOTTINGHAM 002 January 8, 2002 MINING AND MINERAL RESOURCES (CO. January 21, 2002 Renata Hesse CHAIR) Renata Hesse Trial Attorney PRIVILEGES AND ELECTIONS Trial Attorney Antitrust Division EDUCATION Antitrust Division Department of Justice GENERAL LAWS Department of Division 601 D Street NW, Suite1200 CORPORATION INSURANCE AND 601 D Street NW, Suite 1200 Washington, DC 20530 BANKING Washington, DC 20530 As a small businesswoman who depends Reneta Hesse Re: U.S. v. Microsoft upon Microsoft products for efficiency at Trial Attorney Dear Ms. Hesse, work and at my home computer, I am happy Antitrust Division I am writing you to express my support of that the federal government is now pushing U.S. Department of Justice the settlement of the above listed case and I for a settlement in its case against Microsoft. 601 D Street, NW Suite 1200 hope you will as well. Below are some of the I hope that Judge Kollar-Kotelly will agree so Washington, DC 20530 reasons that I support this settlement. More everyone can get on with their business. V/A FACSIMILE– 202. 616. 9937 than $30 million in taxpayers money has As a former member of the North Carolina Dear MS. Hesse: been spent on this case, and our economy is Board on Parks and Wildlife, I have had I am in agreement with the proposed now officially in recession, so I believe that dealings with a large government entity, I settlement reached between the federal the last thing that we need is more regulation know what can happen when issues like government and Microsoft Corporation. This and litigation of an important American lawsuits keep going on forever and forever. settlement is the appropriate step toward industry like high-tech. No consumer as been They drain resources and energy from fostering continued economic growth and harmed as a result of any of the actions taken employees whose time should be spent on common business sense in the competitive by Microsoft to date. Actually, consumers other things. And lawsuits always end up marketplace. As a representative of Northern have had tremendous benefit as a result of costing the taxpayers money—as this one Virginia area, I am well aware of the microsofts innovation which as led to lower has. economic benefits that the technology boom prices and better products. A few large That is why I hope the judge will see fit has benefited to our area, Microsoft is a companies such as AOL Time Warner and to accept this settlement and let everyone get proven leader in the entrepreneurial spirit Oracle should stop their fight in court, and back to work . Thanks for your kind and the technology field. The company has compete in the marketplace where this fight consideration of my position. enabled other computer companies to benefit belongs. This settlement is in everyone’s best Sincerely, in the computer and technology boom. interest, including the taxpayers and the
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consumers. The very last thing that America FROM: FAX NO.: SELECT COMMITTEE ON THE TOBACCO needs is government lawyers and bureaucrats 01/22/02 10:02 1 919 793 0036 P.01 SETTLEMENT looking over the technology industry trying Conway Brooks STATE PARKS AND PROPERTIES to micromanage it. This settlement is most Wake County Repubilcan Party TRANSPORTATION appropriate, because it addresses only the January 18, 2OO1 TRAVEL AND TOURISM items upheld by the courts. Renata Hesse January 11, 2002 Thank You for you consideration of this Trial Attorney Renata Hesse matter Antitrust Division Trial Attorney Sincerely, Department of Justice Antitrust Division Kevin Holmquist 601 U Street NW, Suite 1200 Department of justice Manlius Town Councilman Washington, DC 20530 601 D Street NW, Suite 1200 Relationship Manager, Key Bank N.A. Fax: 202–616–9937 Washington, DC 20530 315–446–0542 Dear Ms. Hesse: Dear Ms. Hesse, 315–682–4647 As the Vice Chairman of the Wake County As a member of the House Appropriations MTC–00031794 Republican Party, I know a thing or two Committee of the North Carolina Genenal about public opinion. Let me tell you this— Assembly, I am painfully aware of the high FROM: FAX NO.: Jul. 21 2001 02:33AM P6 the public wants the courts to approve the and escalating cost of government despite the JAN–10–2002 10:40 SMITH SETZER & settlement between Microsoft and the federal fact that our citizens and businesses are SONS 828 241 3160 P.01/02 government and they want it approved now! experiencing terrible economic times in our NORTH CAROLINA GENERAL ASSEMBLY In my work as Vice Chairman of the Wake state. One cause of higher taxes, which has HOUSE OF REPRESENTATIVES County Republican Party, part of my job is been particularly felt in North Carolina, is STATE LEGISLATIVE BUILDING to be aware of public sentiment on important that our state has lost a number of lawsuits RALEIGH 27601–1096 governmental, societal, and other public and the taxpayers have had to pick up the REPRESENTATIVE MITCHELL SETZER policy issues. Based on the response of our tab. POST OFFICE BOX 416 members on this issue, I can tell you that a As you can tell, I am adamantly opposed CATAWBA, NORTH CAROLINA 28809 significant segment of the American to taxes in whatever form and work had in HOME (828) 241–3570 populace is concerned about the each session of the legislature to reduce taxes OFFICE (828) 241–3161 consequences of dragging out this lawsuit and spending whenever possible. That is Renata Hesse any longer. For one, it may hinder why I was happy to see that the federal Trial Attorney technological innovation in the marketplace. government’s case against Microsoft had Antitrust Division Who wants to innovate when doing so will come to a settlement agreement in the court Department of Justice get you sued? of Judge Kollar-Kotelly. I know that this case 601 D Street, NW Suite 1200 Also, the extension of this lawsuit may has already cost the taxpayers of this nation Washington, DC 20530 cause litigious lawsuits between corporate $30 million, not to mention lesser sums in Dear Ms. Hesse, entities to become even more of a cottage the 18 states that also brought the original As one of the younger members of the North Carolina General Assembly, I have a industry in America. We have enough lawsuits. strong interest in how government interacts lawsuits already that drain enough money I am pleased that North Carolina is one with technology so that we as legislators may out of the United States economy. We need state that decided to agree with the make the best use of our technological to discourage these lawsuits in the future. settlement and now no more state tax money resources for the benefit of our citizens, Finally, people across American are will go in that direction. I would like to see especially our young people. worried about the economy, and believe that the same thing happen in the federal case as It is for this reason, that I have support for government needs to work with business, not well. That is why I am strongly urging that many years, the concept that we must against it. By settling this lawsuit, FROM : fax NO. : Jul. 21 2001 02:09am p3 promote the use of technology, it is important government will demonstrate a willingness to the judge to agree to the settlement in this that we do not interfere with it at any level work as a partner in, not an opponent to, case. Both sides will come away with gains of government, state or federal. That is why business. This will enable Microsoft to and losses. That is how a settlement should since 1999, I have been greatly troubled by continue to provide businesses with products work and that is only fair. the federal government’s attempt to bring that make their operation more efficient. I appreciate the opportunity to comment about harsh penalties against Microsoft in I ask Judge Kollar Kotelly to approve the on this issue. what I consider an unwarranted antitrust settlement. Sincerely, case. Thank you, Rex L. Baker Conway Brooks There is certainly no one—even the legal MTC–00031798 team on the other side—who could make the 1st Vice Chairman State of Washington claim that Microsoft has done any harm to MTC–00031797 even one single consumer. In addition, House of Representatives without consumer harm, is there really a Fax NO. : Jul. 21 2001 02:09am P2 Renata B. Hesse reason to bring an antitrust case? There is not North Carolina General Assembly Antitrust Division in my judgment. House of Representatives U.S. Department of Justice However, in order to bring the federal State Legislative Office Building 601 D Street NW lawsuit to an end as well as North Carolina’s Raleigh, NC 27601–1095 Suite 1200 state litigation, please let Judge Kollar- REPRESENTATIVE REX L. BAKER Washington, DC 20530–0001 Kotelly that I strongly support the settlement, 40th DISTRICT—ALLEGHANY, ANNE, Re: Comments on the Microsoft Proposed and I hope this entire process will move STOKES, SURRY AND WATAUGA Settlement Agreement along quickly. That way Microsoft can get OFFICE ADDRESS: ROOM 808 Dear Ms. Hesse: back to the business of innovation and RALEIGH, NC 27601–1088 The proposed settlement of US v. Microsoft coming out with new products—at which TELEPHONE: (818) 738–5707 case represents a fair compromise that they are excellent. Also, government (818) 715–7588 FAX promotes greater industry competition attorneys can get back to more worthy cases. HOME ADDRESS: 2108 SLATE ROAD without destroying Microsoft. The settlement Thank you for your kind consideration of KING, NC 27021 guarantees a series of reasonable my comments. E–MAIL: modifications. Other companies, including Sincerely, [email protected] Microsoft’s competitors, will have greater Mitchell Setzer COMMITTEES: access to computer desktops. Computer State Representative AGRICULTURE manufacturers, not Microsoft, will determine ALCOHOLIC BEVERAGE CONTROL what software will be offered with new MTC–00031795 APPROPRIATIONS machines using the Windows operating Jul. 21 2001 02:300M P1 NATURAL AND ECONOMIC RESOURCES system. At the same time, the settlement
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avoids broad new government regulations Sincerely, This letter is to give my support to the that could hinder the tech industry and Jeff Morris agreement reached between Microsoft and prevent Microsoft from making important State Representative the Department of justice. In my opinion, this investments in critical research and 40th District antitrust case should never have happened. development activities. The government, guite frankly, should never The uncertainty generated by this case has MTC–00031799 have gotten involved; the Department of threatened America’s global leadership in JAN–23–02 WED 11 :28 AM HELLER Justice was dragged into this action against high-technology. In the face of new economic NEV 702 342 0222 Microsoft by both Microsoft’s competitors, concerns at home, this settlement is needed P. 01 and the previous administration’s definition to help revive the industry that has driven January 23, 2002 of justice. the new economy. I congratulate the Justice o I wonder if anyone in the government Department on its efforts to reach a fair and TO: U.S. Department of Justice really realizes the wonderful things Bill reasonable settlement. 202 307–1454 Gates, through Microsoft, has done for this Sincerely, 202 616–9937 country, and the world. Does anyone State Representative Al O’Brien Attn: Ms. Renata B. Hesse remember what it was like before Microsoft? State Representative Lynn Kessler I support the proposed settlement of the What a mess our technology was. Nothing State Representative Mary Lou Dickerson Microsoft lawsuit. Stop spending taxpayer worked together. Bill Gates made possible a State Representative Kelli Linville money on more frivolous legal maneuverings. uniform software program package. You State Representative Toni Lysen You’ve spent too much already. This whole didn’t have to go to ten different programs to State Representative Jeanne Edwards case stinks to high heaven and sets an accomplish one simple task. Microsoft’s State Representative Geoff Simpson uncalled-for bad precedent for rivals, unable to compete, resorted to State Representative Aaron Reardon American technology and its innovators. political means to bring Microsoft to heel. It State Representative Bill Fromhold R. E. Heller, Sparks NV is tragic our government so easily acquiesced. State Representative William Grant In this agreement, Microsoft has greed to State Representative Jeff Gombosky MTC–00031800 grant computer makers new license to make State Representative Val Ogden Jan 23 02 11:32a Windows as to promote non-Microsoft State Representative Sharon Santos George Harter software programs; Microsoft has agreed to State Representative Brian Sullivan 480–860–2025 design future versions of Windows with a STATE REPRESENTATIVE P.1 mechanism to make it easier to promote non- 40th DISTRICT George Harter Microsoft software; Microsoft has agreed to JEFF MORRIS 9140 North 104th Place help companies achieve a better degree of State of Washington Scottsdale AZ 85258 reliability with regard to their networking House of Representatives January 17, 2002 software. This is much more than any other PACIFIC NORTHWEST ECONOMIC Attorney General John Ashcroft company would do. I think Microsoft should REGION PRESIDENT US Department of Justice be congratulated for trying to end this suit TECHNOLOGY, TELECOMMUNICATIONS 950 Pennsylvania Avenue, NW and get back to business. & ENERGY Washington, DC 20530 Give your support to this agreemcnt. Let’s CHAlR Dear Mr. Ashcroft: put this behind us and get back to business. FINANCE The antitrust case settlement serves the Sincerely, SELECT COMMITTEE ON COMMUNITY best public interest and I hope your office Elaine Thornton SECURITY finalizes it as soon as possible. While I MTC–00031802 January 21, 2002 disagree with litigation against Microsoft in Renata B. Hesse the first place and think that this who case 01/23/02 WED 12:57 FAX 414 328 2233 Antitrust Division has been a waste of time and an infringement ROCKWELL SUPPORT Facsimile 001 U.S. Department of Justice of Microsoft’s rights as a free enterprise, the Rockwell Software 601 D Street NW settlement seems the only way to allow all 2424 South 102nd Street Suite 1200 parties to move forward. Under the terms of West Allis, WI 53227 Washington, DC 20530–0001 settlement it is good that Microsoft will not Facsimile Re: Comments on the Microsoft Proposed be broken up. Rockwell Settlement Agreement The terms merely force them to disclose Automation Dear Ms. Hesse: interfaces and protocols to competitors, To Attorney General Ashcroft The proposed settlement of US v. Microsoft design future windows versions so that From Rich Ryan case represents a fair compromise that software developers can promote their own Location Dept of Justice promotes greater industry competition products form within, and form three-person Location Rockwell Software without destroying Microsoft. The settlement team to monitor compliance with settlement. Tel Tel 414.328.2400 guarantees a series of reasonable These concession and more seem to favor Fax 202–307–1454 modifications. Other companies, including competitors not consumers, but tat just Fax 414.328.9400 Microsoft’s competitors, will have greater verifies the opinion I had al along, that this Pages 2 Date 1/23/02 access to computer desktops. Computer case was politically driven from the start. Allen-Bradley manufacturers, not Microsoft, will determine Please suppress opposition to the DODGE what software will be offered with new settlement and make this thing a reality. It is ROCKWELL SOFTWARE machines using the Windows operating in the public’s best interests for a settlement RELIANCE ELECTRIC system. At the same time, the settlement to occur. 11/23/02 WED 12:57 avoids broad new government regulations Sincerely, FAX 414 328 2233 that could hinder the tech industry and ROCKWELL SUPPORT prevent Microsoft from making important MTC–00031801 January 22, 2002 investments in critical research and FROM : P. R. T. & ASSOCIATES INC. Richard C. Ryan development activities. PHONE NO. : 419 499 4515 president The uncertainty generated by this case has Jan. 23 2002 01: 07PM Pl rockwell software threatened America’s global leadership in P.O. Box 548 Rockwell Automation high-technology. In the face of new economic Milan, OH 44846 2424 South 102nd street concerns at home, this settlement is needed Attorney General John Ashcroft West Allis. WI 53227.2106 USA to help revive the industry that has driven US Department of Justice, Tel 414 320.2400 Fax 414 328 9400 1 the new economy. I congratulate the Justice 950 Pennsylvania Avenue, NW email rcryan@software rockwell com Department on its efforts to reach a fair and Washington, DC 20530–0001 Attorney General John Ashcroft US reasonable settlement. Dear Mr. Ashcroft: Department of Justice
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950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue, NW was merit behind the complaints that brought Washington DC 20530–0001 Washington, DC 20530 about the original lawsuits, but that was three Dear Mr. Ashcroft: Dear Mr. Ashcroft, years and countless dollars ago. Microsoft I would like to submit my support for the I write you today in regards to the has made an antitrust precedent in the Microsoft settlement negotiated with the Microsoft settlement issue. I support the concessions it has agreed to, and protocol has Justice Department last November. After the settlement that was reached in November, been proposed under your settlement to deal completion of this 60-day public comment and I sincerely hope there will be no need with future problems. I do not see any benefit period, it would only seem fair that the terms for further action against Microsoft. from future federal action against Microsoft, agreed upon with the help of a court This settlement was reached after extensive and hope that this matter will soon be behind mediator, be accepted and implemented. negotiations. Microsoft has agreed to carry us. The important role Microsoft plays in the out all terms, including terms that extend There will always be those lining up to IT industry should be appreciated The well beyond the original issues of this take as much market share from Microsoft as agreement is a very generous deal that is far lawsuit. Microsoft has agreed to share more they can, and as long as you allow this case preferable than further action that would information with other companies, such as to proceed, there is nothing to stop them. break up the company and further disrupt the various internal interfaces in Windows and Microsoft has already agreed to grant broad PC industry. any protocols implemented in a Windows new rights to software engineers and MIcrosoft has agreed to share or license its operating system product. It will also change computer makers. It has even allowed them intellectual property with its rivals and licensing agreements to make them more to configure Windows so as to promote non- promote interoperability with its server advantageous to hardware manufacturers. Microsoft programs that compete with the software in the interest of fostering more This settlement will serve in the best and programs already included within Windows. competition in the software market. An greatest public interest. Please support this Although it may seem unreasonable to allow independent committee will monitor its settlement so Microsoft can focus all their your own successful product to be used as a compliance with the settlement. From my resources on designing innovative software. springboard to launch the competitions’’ perspective as someone in the industry, this Thank you very much. products, Microsoft has agreed in an effort to closely monitored plan will create a wider Very Sincerely Yours, settle this issue sooner, rather than later. market for software products from a variety Bruce H. Ryan Would it seem as reasonable if Microsoft was of competitors. Please make sure to commit MTC–00031805 involved in a more traditional industry? to this opportunity and not make the mistake Imagine if Burger King could not penetrate Jan-23–2002 09:34 SPECIALTY FOREST of continued litigation. Thank you for your McDonald’s market share. Would we PRODUCTS 2539390902 P. 01/01 time. mandate that McDonald’s allow its customers FAX TRANSMITTAL Sincerely, to order a Burger King Whopper at its own DATE: Jan. 23, 2002 Rich Ryan, President restaurants? TO: Ms. Renata B. Hesse Rockwell Software We must recognize that Microsoft has shot FROM: Vic Lindstrom F itself in the foot, be it a small hole, in an IRM: U.S. Dept. of Justice MTC–00031803 effort to end this witch-hunt. I see no reason Number of pages 1 CRAIG W. SUDBRINK that we can’t allow the IT industry and the FAX #: 202–307–1454 402 Monmouth Drive economy to move forward. I hope you will SUBJECT Microsoft Greensboro, NC 27410 use your position to do what is right, and This letter is to advise the DOJ that my January 23, 2002 ensure that our country maintains its wife and I support the Proposed Microsoft Attorney General John Ashcroft position as the world technology leader. Settlement and would as a tax payer, ask the 950 Pennsylvania Avenue, NW Sincerely, dept. of Justice to approve the Settlement. Washington, DC 20530–0001 Michael Holan Sincerely, Dear Mr. Ashcroft: Victor Lindstrom My name is Craig Sudbrink. I am a resident MTC–00031809 of Greensboro, NC. I appreciate the MTC–00031806 Kathie M. Graham opportunity to comment on the Justice 01/23/2002 11: 32 3184423307 2469 Ridgecrest Avenue Department’s proposed settlement of the HILLHARRIS Orange P&k, FL 32065–6235 Microsoft antitrust litigation. Please include HILL, HARRIS & COMPANY DISTRlBUTORS January 23, 2002 me among those supporting the settlement. BUILDERS HARDWARE BUILDING Attorney General John Ashcroft I am sure that not everyone is happy with SPECIALTIES US Department of Justice, the proposed settlement, and that many of (318)442.3303 950 Pennsylvania Avenue, NW Microsoft’s competitors will not be happy 1504 METRO DRIVE Washington, DC 20530–0001 until they have put Microsoft out of business FAX (318)442.3307 Dear Mr. Ashcroft: through litigation rather than competition. P O BOX 13268 I would like to express my views regarding However, if you look at the concessions made ALEXANDRIA, LA 71315 this antitrust case. I feel that the settlement by Microsoft, most specifically the agreement DATE: JAN 23/02 agreement reached between Microsoft and to open competition within their Windows TO: D.O.J. your office is fair and reasonable, and is systems, you cannot help but support the ATTN: Renata Hesse sufficient to close this case at the federal compromise reached. I hope that you proceed REF: Microsoft level. Nine states have approved the with the settlement as it is in the best I agree with & support the recent Legal agreement, and Microsoft is negotiating with interests of the American public and the Settlement with Microsoft. I hope you will the remaining states to reach an agreement. economy. finalize it as soon as possible. Under the Settlement, Microsoft has agreed Thank you for your time and attention. J.C. Harris to change the way it licenses; develops, and Sincerely, markets its software. Computer makers, Craig Sudbrink MTC–00031807 consumers, and software engineers will be cc: Representative Howard Coble Jan-23–2002 11: 46 312 460 2426 P. 01/01 allowed to configure Windows so as to 195 N. Harbor Drive # 2003 promote non-Microsoft programs. Most MTC–00031804 Chicago, IL 60601 importantly, Microsoft has agreed not to 01/23/02 10:41 FAX 206 546 2205 DR BRUCE January 23, 2002 retaliate against anyone that develops or RYAN Attorney General John Ashcroft promotes non-Microsoft software. Bruce H. Ryan US Department of Justice, A technical oversight committee will 1841 N 184th Street 950 Pennsylvania Avenue, NW ensure Microsoft’s compliance with the terms Shoreline, Washington 98133 Washington, DC 20530–0001 and conditions of the agreement, and January 23, 2002 Dear Mr. Ashcroft: competitors will be allowed to sue Microsoft Attorney General John Ashcroft I would like to offer some thoughts on the directly if they feel they’ve been treated U.S. Department of Justice Microsoft antitrust case. I believe that there unfairly. These concessions should keep this
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matter from ever reaching the federal level 1488 Marietta Rue. 22 January 2002 again, and will force Microsoft to become a Lancaster, PA 17683–2446 Attorney General John Ashcroft more responsible industry leader. 717.391.2840 US Department of Justice Although these conditions may go further January 23, 2002 950 Pennsylvania Avenue, NW than Microsoft may have wished, it Atty. General John Ashcroft Washington, District of Columbia 20530 recognizes that settling the case sooner, is us Dept. of Justice, Dear Mr. Attorney General, better than later. The competition should be 950 Pennsylvania Ave. N. W. I am writing to provide my thoughts during granted access to the market, but Microsoft Washington, DC 20530–0001 the 28 November 2001 to 28 January 2002 should also be allowed to enjoy the fruits of Dear Mr. Ashcroft, TunneyAct publiccomment period on the its labor. Microsoft has been amongst those great Microsoft antitrust case [United States of I believe that your settlement provides the American technology companies that have America vs MicrosoftCorporation CivilAction middle ground. helped America become the world’s leader in No. 98–1232 and State Of New York ex. rel. Sincerely, software. The antitrust case brought against Attorney General ELIOT SPITZER, et Kathie Graham Microsoft three years ago by the Justice al.MicrosoftCorporation Civil Action No. 98– Department was certainly a disappointment, 1233 proposed Final Judgment and MTC–00031810 however I am pleased to see a settlement was Competitive Impact Statement. SimplySay agreed to in this case. As I read the proposed Final Judgement 4400 E Broadway Blvd. ‘‘Unfortunately the settlement has not been and Competitive Impact Statement, Suite 200— satisfactory to some. Anti-Microsoft elements MicrosoftCorporation hasagreed to specific Tucson Arizona 85711– have been attempting to get this settlement behavioral measures that would provide 520.323.3280—520.320.4177fax removed because it is deemed not destructive greater openness and access to technical FACSIMILE TRANsMlTTAL SHEET enough to Microsoft. However, the settlement information as well as contractual and TO: is good and will create positive changes. The economic freedom for IAPs, ICPs. ISVs, IHVs ATTORNEY GENERAL settlement forces Microsoft to disclose code and OEMs that either: provide a Microsoft JOHN ASHCROFT and interfaces to competitors , a never-before- Corporation operating system with their COMPANY: US Department of Justice taken step. With this information, non- product, develop and/or provide applications FAXNUMBER: (202) 307-I454 Microsoft firms will be able to design and and or middle ware that run on a Microsoft PHONE NUMBER: create more choices in software for the Corporation operating system, or choose to RE: Microsoft Settlement consumer. For the anti- Microsoft elements develop and/or provide competing operating From: Armand Sperduti this does not suffice because they would like systems, products, applications and/or DATE: l/23/02 to see Microsoft face a more injurious verdict. middleware. SENDER’S FAX NUMBER: (520)3204177 The purpose of the case was not to harm These actions seem satisfactory to SENDER’S PHONE NUMBER: 520.323.3280 Microsoft, but to create more competition. stimulate competition while maintaining EXT. This should be and is reflected in the current intellectual property rights and fostering JANUARY 23,2002 settlement. Ending this case now is Innovation. Attorney General John Ashcroft imperative. More Importantly, the prescribed US Department of Justice Sincerely, enforcement authority, combined with the 950 Pennsylvania Avenue, NW Charles Russell proposed TechnicalCommittee and Microsoft Washington, DC 20530–0001 cc: Senator Rick Santorium Internal Compliance officer, provides the Dear Mr. Ashcroft, government, and therefore consumers, MTC–00031812 I am writing in regard to the litigation adequate means and measures to ensure against Microsoft. Although this is a serious A Fax Message Microsoft Corporation’s compliance. and complex issue, it is important that the TRINITY Unlike the nineteenth century marketplace needs and the rights of the software Date: January 23, 2002 of Standard Oil, an era that witnessed the consumer, both personal and corporate, are To: Attorney general Ashcroft genesis of the corporation where direct kept in focus. The cost of implementing c/o Renata B. Hesse Antitrust Division competitors were assimilated and controlled, software solutions is dominated by the cost Succeed with Trinity. and unlike the slow-growth marketplaces; of of evaluating, installing and supporting the Company: US Department of JustIce 1980s IBM and 1970s ATT, today’s software, then training the users, not by the Fax #: (202) 307-1454 technology marketplace moves rapidly and cost of the software itself. From: George LaVenture the rate of change will likely increase. We are Microsoft arrived at the top of the industry RE: MICROSOFT SETTLEMENT living in an age of technological revolution primarily by having an astute sense of what NOTES: cited by Federal Reserve board Chairman the customer wanted. They then delivered Attached are my Tunney Act comments Alan Greenspan for an unprecedented growth products that met those needs. People didn’t regarding the proposed Microsoft Final in productivity. This atmosphere has, as switch from WordPerfect to MS Word, for Judgement and Competitive Impact evidenced most recently and notably by the instance, because it was cheaper or bundled, Statement. 1999 ‘‘Internet Bubble’’, created product but because it did what people wanted and My contact information is below if you cycles so short that goods and service can be worked well. have any questions, obsolesced while sales and markeing I am in support of this settlement. I am PRESIDENT & CEO strategies are still on the whiteboard. hoping that this will be the end of it. We all Trinity Consulting Inc. With this in mind, I believe the proposed are better off with this behind us. Additional (506) 485–8642 voice behavioral measures and controls provide a litigation will only benefit Microsoft’s (506) 481–2361 fax fairer, more level playing field optimized to competitors at the expense of the consumers. mail to:[email protected] foster continued growth while ensuring Sincerely, http: //www.Trinlty-Inc.net competition and stimulating Innovation. Armand Sperduti Taking care of business (TCB) After all, that’s the goal Isn’t It? A better V.P. Engineering TRINITY CONSULTING INC, deal for the consumer. 4400 E Broadway Blvd. Suite 200 346 BRIGHAM STREET It is my opinlon that the settlement Tucson Arizona 85711 MARLBOROUGH, MASSACHUSETTS between Microsoft Corporation and the 520.323.3250—520.320.4177 fax 01762 federal government addresses and remedies, AUTHENTIX Fax:520–3204163 (508) 486–8842 in a very satisfactory way, all of the TRINITY CONSULTING INC. government’s antitrust claims MTC–00031811 346 BRIGHAM STREET againstMicrosoftCorporation. Therefore it FROM : Charles Russell MARLBOROUGH, MASSACHUSETTS 01762 should be instituted with all due speed. PHONE NO. : 717 391 2840 (608) 486–8842 (VOlce) Sincerely, Jan. 23 2002 01:08PM PI (608) 461–2361 (fax) George M. LaVenture CHARLES H. RUSSELL WWW.TRINlTY-INC.NET President & CEO
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cc: Representative Marty Meehan Sent at: 01/23/02 11:28:31 AM security areallowed. I am however willing to Total Number of Pages (including cover): 3 make allowances if there is some property MTC–00031813 I am writing to oppose the current that Microsoftlicensed from another party Assemblyman George H. Winner, Jr. settlement proposed. In my opinion it will and the license does not allow use in another Minority Leader Pro Tempore change little, if anything. product or similarsituations. The fourth point New York State Assembly What I would rather see happen is the I made is much like the browser issue. For Room 446 following: a while Netscape wouldcrash often. Certain Legislative Office Building (1) ALL file formats should be documented instant messaging clients were very unstable. Albany, New York 12248 and open, This will allow FULL The fifth point is simply to promote users Phone; (518) 455–4538 compatibility withcompeting office suites to try non MS software. The option to install Fax: (518) 455–5922 such as Sun’s Staroffice. Full compatibility InternetExplorer would be available during ASSEMBLYMAN WINNER will by it’s very nature forcecompetition into the install, but it would no longer be @oo2 the marketplace, The MS product suite will mandatory. I includethisdue to recent events GEORGE H. WINNER. JR. have to prove to its userbase that itis worth where Microsoft’s website was made Assemblyman 127th District spending the money to buy said product inaccessible to users who used thecompeting THE ASSEMBLY when there are other products out there that Opera web browser. Behavior such as this STATE OF NEW YORK canreadwrite their format, This should apply makes me extremely suspect of ALBANY to file formats other than just the office anyguarantees by Microsoft regarding their MINORITY LEADER PRO TEMPORE products. behavior without outside oversight. COMMITTEES (2) Full disclosure/documentation of The final point is one that was already in Rules protocols. This would allow such things as the proposed settlement. Ifeel that this Ways and Means the SAMBAgroupto allow full windows requirement be kept in any future proposal. January 23, 2002 features on UNlX/BSD/LINUX machines and Thank you for your time. Renata B. Hesse allow simple integration ofthose machines Christopher Corayer Antitrust Division into a windows based network. Information Services U.S. Department of Justice (3) In the rare case where Microsoft may ADE Technologies 601 D Street NW claim security risks, I would respectfully 77 Rowe Street Suite 1200 point out thatmany of the other UNICES, like Newton, MA 02466 Washington, DC 20530–0001 FreeBSD and the different Linuxes, do not p.617.831.8043 Dear Ms. Hesse: seem to have manyproblems with full f.617.243.4443 When word of a possible settlement in the disclosure. In any event, it should not be MTC–00031815 Microsoft case broke, the markets surged. In sufficient for Microsoft to claimsecurity and spite of gloomy economic report, the news not furnish information, They should be January 16, 2002 was viewed by investors as a sign that out forced to PROVE that something would Attorney General John Ashcroft nation’s critically important high-tech becompletely rendered vulnerable if certain US Department of Justice industry could move forward without the protocols were fully documented. This 950 Pennsylvania Avenue, NW continuing shadow of government process shouldbe overseen by at least half of Washington, DC 20530 interference. Microsoft’s competitors who should be able Dear Mr. Ashcroft, The proposed settlement requires to determine if thiswere the case. It amazes me that there has been such a significant changes in the way (4) Microsoft API’s should also be fully prevalent attitude in our governmentthat sees Microsoftdevelops, licenses and markets its documented, This will prevent such things as virtue in punishing those that are successful, software. This settlement is fair. It prevents company Abeing put out of business should and rewarding those that are not. Microsoftfrom abusing the strength that it Microsoft decide to implement a similar This upside down attitude of derives from its operating system, but also program that uses‘‘undocumented features’’ ‘‘redistribution’’ was never more tragically allows thecompany to continue innovating in to make the Microsoft product run better or obvious than inthis questionable lawsuit all areas of software development. more stable. against Microsoft. Any company as I congratulate you on reaching a fair (5) No bundling should be allowed in a successful as Microsoftmust do everything it settlement that will serve in our nation’s default install. There SHOULD be an option can to protect its position of strength. The bestinterest. It will be very difficult for to installadditional software during the governmenterroneously sees this as anyone to reject a settlement that benefits install process, but this should not be the dominance, rather than strength. With that consumers,the technology industry, and the default option. Mostother OS’s allow a redefinition comesan entire new set of economy as a whole. simple base install. This will not generally problems that now create a case against Very truly yours, include web browsers, multimedia,or instant Microsoft for ‘‘unfaircompetition.’’ George H. Winner, Jr. messaging clients. That Microsoft tightly controls the use of Minority Leader Pro Tempore (6) No exclusive licensing on the boot its product—even with its OEMs—issimply ALBANY OFFICE: Room 446. Legislative loader, Microsoft should not be allowed to good business. It is not unfair business. There Office Building, require thatonlyWindows be installed or that have been many competingsystems that have Al aany. New York 12248. the only option shown upon booting be come and gone. They have fallen out of favor (518) 455–4538. Windows. There shouldalsobe safeguards in not because ofMicrosoft’s dominance per se, FAX (518) 455–5922 place to prevent retaliation by Microsoft on but rather because of Microsoft’s superior DISTRICT OFFICE: 228 Lake street, this point. products andservice. P.0. Box 589. The first two points I consider absolutely Please do not misunderstand me. I do not Elmi a. New York 14902. critical. The internet was based on fully march lock-step with Microsoft, but forme, if (607) 734–8580. documented,and freely available protocols, the government can go after Microsoft with FAX (607) 737–0377 Microsoft’s Active Directory is a minor such evangelical zeal, then thegovernment modification of LDAP andKerberos. Both of can go after any IT business. This settlement, MTC–00031814 these are widely used protocols, but they will therefore, is good andshould hopefully end ADE NOT work with the Microsoftversions, This the hostilities. I am totally in support of that. 80 Wilson Way prevents competition. The Office Suite is so Sincerely, Westwood, MA 02090–1806 engrained in the corporate sector thatthere Vicki Hengen Phone: 781–467–3500 will not be any competition until competitors President Fax: 781–467–0500 can make a fully compatible product. cc: Representative Jeff Flake Fax Cover Page Thiswillnot happen until the file formats are 1860 West University, Suite 108 Tempe To: 12023071454 fully documented. Arizona 85281 From: Chris Corayer The remaining points are optional. I (480) 902 0600 fax: (480) 902–0577 Comments: include the third just in case exceptions for internet: www.dbwebnet.net
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MTC–00031816 consideration the big picture of this N80 W114824 Appleton Ave Scott Mason ludicrous lawsuit brought by some over Menomonee Falls, WI 53052 110 Carol Rose Drive zealous and greedy individuals and states January 23, 2002 Beaver Falls, PA 15010 seeking to line their own coffers. Attorney General John Ashcroft January 19, 2002 Isn’t it ironic that those who have filed suit US. Department of Justice Attorney General John Ashcroft against Microsoft are probably using 950 Pennsylvania Avenue, N.W, US Depertment of Justice Microsoft’s products . . Windows, Word, Washington, DC 20530–001 960 Pennsylvania Avenue, NW Excel, PowerPoint . . to file their legal briefs Dear Mr, Ashcroft: Washington, DC 20530–0061 ?? It pleases me that the U.S. government and Dear Mr. Ashcroft; Sincerely, Microsoft have finally reached a tentative I am writing you today to voice my opinion Ed Loo settlement agreement in the antitrust lawsuit. in regards to the Microsoft settlement issue. It is my hope that this ordeal will be resolved MTC–00031818 I believe the settlement that was reached in once and for all at the conclusion of the November is fair and reasonable, and I am Dragonfly Capital sixty-day public comment period. anxious to see this three- year dispute To: Attorney General John Ashcroft If my memory serves me correctly, the resolved. From: Don Millen settlement is fair. In fact, Microsoft Microsoft is a good company that has FAX NUMBER: 202–307–1454 capitulated to terms that go beyond the scope benefited the economy and consumers. This Re: Attached of the products and procedures at issue in the settlement will also allow Microsoft to TOTAL NO. OF PAGES INCLUDING COVER: lawsuit. Most significant is Microsoft’s benefit the technology industry. Under this SENDER’S REFERENCE Number: 704–342– agreeing to divulge its patented code for the agreement, Microsoft must design future 3491 xl00 Windows operating system to its competitors versions of Windows, beginning with the YOUR REFERENCE NUMBER: I understand this has never been done before interim release of windows XP, to provide a X URGENT in an antitrust settlement. While only one of mechanism to make it easy for computer 700 EAST BOULEVARD, SUITE ONE . many measures in the settlement, it will have makers, consumers, and software developers CHARLOTTE, NORTH CAROLINA 28203 a hugely positive effect on increasing to promote non-Microsoff software within JAN-23–2002 11:50 FROM:DRAGONFLY competition. Windows. A technical oversight committee CAPITAL 7043429750 TO:2025149082 It is my hope that the settlement Is created by the government to monitor P.001/002 finalized as soon as possible. Thank you. compliance to this settlement must a/so 220 Alondale Avenue Sincerely, monitor Microsoft. This settlement will Charlotte, NC 28207 Nicholas Oliver benefit the public by allowing MIcrosoft to January 22, 2002 Systems Analyst focus its precious resources on designing and Attorney General John Ashcroft CC: Representative James Sensenbrenner marketing its innovative software. US Department of Justice MTC–00031820 Thank you for allowing me to comment. 950 Pennsylvania Avenue, NW Sincerely, Washington, DC 20530 Roger Little Scott Mason Dear Mr. Ashcroft: 288 Concord Drive cc: Senator Rick Santorum I am writing to discourage you and the Freeport,IL 61032 Representative Melissa A. Hart Justice Department from any further litigation January 22, 2002 MTC–00031817 against Microsoft. Microsoft has been the Attorney General John Ashcroft bedrock of the information technology US Department of Justice January 23, 2002 revolution in the United States and has 950 Pennsylvania Avenue, NW Ed Loo Washington, DC 20530 3613 Park Hill Drive enabled consumers across the socio- Dear Mr. Ashcroft: Coma, CA 92881–8440 economic spectrum to achieve productivity I am writing today to express my complete Attorney General John Ashcroft and efficiency gains unimaginable even 20 support for Microsoft in this case. Microsoft US Department of Justice years ago. I strongly encourage you to put in my estimation in an ambitious and 950 Pennsylvania Avenue, NW this case to rest and enact the settlement as Washington, DC 20530 soon as possible. aggressive company that continues to press Dear Mr. Ashcroft: The settlement has many stipulations that for improved and increased innovation. This I would like the Justice Department to will benefit the IT industry. The release of sort of fortitude is crucial to the success of settle its antitrust suit with Microsoft Windows XP marks the beginning in a line any company and Microsoft personifies this Corporation as soon as possible. Microsoft of changes that further benefit consumers. fortitude. has done the world a tremendous favor with Windows XP is designed so that individuals I was unhappy that a suit was filed against its technological contributions and can delete and add different programs into Microsoft to begin with so you can just Innovations. I feel the case is being unjustly the system with greater ease. No longer will imagine how displeased I am that there are prolonged by competitors who are envious of users have to have different Microsoft still states who wish to pursue litigation Microsoft’s success and market position. programs on their desktop if they are using against Microsoft. Microsoft has made The concessions in the settlement are fair Windows. For the benefit of its competitors, significant strides to prove their willingness and good enough to allow Microsoft to Microsoft has even enabled individual users to comply with the settlement proposed by resume normal operations, I believe giving to delete Internet Explorer at their own the DOJ. They have already agreed to design other companies limited access to certain discretion (this act, in itself, is irrational from future versions of Windows that will enable internal Windows code will allow for better a business standpoint). It is my personal computer makers, consumers and software development of non-Microsoft programs that opinion that users of technology products developers to promote non-Microsoft run within the Windows operating system appreciate the ease of use that Microsoft’s software within windows. They have also and should minimize future threats of products provide and that they will freely made an unrecorded agreement to disclose Microsoft’s alleged monopolistic position. select other products if they believe they internal Windows interfaces to its Please end the lawsuit and let Microsoft would receive more benefit. After all, isn’t competitors. Competitors will also benefit by return to normal business operations. Our this what a market-based economy is about? Microsoft’s agreement to share their country needs to focus on business again. If I believe the newfound autonomy of intellectual property by granting license to the government would think about this, they consumers will be beneficial. I would hope third parties. would see that they are basically biting the that the U.S. Government would resolve the A close review of the these strides, shows proverbial hand that is feeding them. How Microsoft issue as quickly as possible. a company willing to bring closure to this many billions of dollars has Microsoft Sincerely, case even at the risk of limiting its own contributed to the US Treasury through Just Don Millen competitiveness. Considering Microsoft’s payroll and income taxes? many efforts at complying with the Thank you very much for your time and MTC–00031819 settlement proposed by the DOJ, please make consideration, I sincerely hope you take into AIS TECHNOLOGY the decision necessary to end this lawsuit
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and help bring relief to our struggling Scalable operating systems, office I know that there are gazillions ( my word for economy. applications, e-Commerce, and Internet lots and lots) of middle aged and older Sincerely, navigation immediatly come to mind. They Americans who have had to learn to use this Roger Little have become the leader in areas that required technology on their own. Microsoft products consensus in order to proceed along its path; made it easy, non-threatening and affordable. MTC–00031821 which provided benefits to my industry and Their products caused the huge number of RODOPI BILLING SOFTWARE strengthened our competitive position. It purchases of personal computers and January 22, 2002 wasn’t too long ago that multiple and associated items, that drove our country’s Attorney General John Ashcroft conflicting infrastructure products created an economic success and increased productivity US Justice Department impossible technical environment. I feel in the 90’s. 1 think it is sad that they are 950 Pennsylvania Avenue, NW without Microsoft’s efforts in these key areas being penalized for America’s success. Washington, DC 20530–0001 the resulting chaos would raise the cost and The terms of the settlement are reasonable, Dear Mr. Ashcroft: frustration in doing business. Microsoft despite my objection that this case should Even though there is an underlying deserves the recognition and profits not have been brought to court in the first perception among consumers that Microsoft associated with their success. place. Microsoft is making changes to prevent has been a little less than responsive to their With this agreement, Microsoft has agreed any future antitrust practices. It has agreed to needs, the government’s lawsuit against to terms that extend well beyond the establish a three-person technical committee Microsoft was overly ambitious. If the products and procedures that were actually which will monitor Microsoft’s compliance lawsuit had succeeded in its intent of at issue in the suit. Microsoft has greed to its with the settlement. Microsoft will use a breaking Microsoft apart into smaller, more Windows operating system products to the uniform price list when licensing Windows malleable pieces, the ability for consumers or 20 largest computer makers at identical out to the largest 20 computer makers in the IT companies to get the full range of the prices; Microsoft has agreed to grant United States. They have agreed to document Microsoft product line would have been computer makers new rights to configure and disclose for use by its competitors seriously compromised. Windows so as to promote non-Microsoft various interfaces that are internal to Having said that, I believe that the software programs; Microsoft has agreed to a Windows’ operating system products settlement reached between Microsoft and technical committee to monitor future I ask that the government stop spending the Department of Justice is reasonable and adherence. addresses most of the serious concerns that my resources to penalize Micorsoft’s success Enough is enough. and agree to the settlement terms. many have had. It creates strong new We have to put this behind us and move demands for fairer licensing arrangements for Nancy Braden forward. Give your support to this proposals. cc: Representative Ric Keller hardware companies and an anti-retaliatory Sincerely, framework for software companies as well. I Bernard Goldband MTC–00031826 am hoping that the public will endorse this Director 208 N. CHURCH STRET settlement through this public review Nazareth. PA 18064 process, and that we can all put this episode MTC–00031823 To: Dept of Justice behind us. FROM: J.P. WEIST BAY CITY, MICHIGAN From: Evelyn Huth I am further hopeful that no further federal TO: MS. RENATA B. HESSE FAX 202–307–l454 or 202–616–8837 action will be taken, in that I believe that it’s I support the government settlement of the Date: January 23, 2002 important to move on. These are my personal Microsoft settlement. Re: Microsoft Settlement Case views and do not necessarily reflect the It is time to say that is it. No more waste cc: views of the company I work for. Thank you of our tax money—Enough is Enough. o Comments: See attached letter. for this opportunity to express my support of Thank you the settlement. JAN–23–2002 10 : 20 Sincerely, MTC–00031824 I WOULD HOPE THE RECENT Arthur R Ekroos TO: DOJ ANTITRUST SETTLEMENT BETWEEN THE Executivc Vice President MS. RENATA B. HESSE JUSTICE DEPARTMENT & MICROSOFT ARE I SUPPORT THE MICROSOFT ACCEPTED. FROM NEWSPAPER MTC–00031822 SETTLEMENT! ACCOUNTS, I BELIEVE THE SETTLEMENT TATUM CIO PARTNERS, L.L.P. Sincerely, IS REASONABLE & EXCEEDS THE January 28, 2002 Don Lucha FINDINGS OF THE RULING BY THE Attorney General John Ashcroft 2030 Sinclair N.E. APPEALS COURT. MICROSOFT HAS US Department of Justice Grand Rapids, MI HELPED BRING ITS COMPANY INTO AN 930 Pennsylvania Avenue, NW (616) 361–5079 NEW ERA. PROLONGED ARGUMENTS Washington, DC 20530–0001 SIMPLY DELAY PROGRESS. Dear Mr. Ashcroft: MTC–00031825 I, FOR ONE, SEE MICROSOFT BEING This is to give my approval to the recent 1341 College Point PUNISHED FOR BEING INNOVATIVE & settlement between Microsoft and the Winter Park,FL 32789 FEEL THE SUITS AGAINST THE COMPANY Department of Justice. In my opinion, this January 22, 2002 STIFLE THE INVENTIVE SPIRIT & THE suit should never have been brought. I am Attorney General John Ashcroft SPIRIT Of FREE ENTERPRISE WHICH HAVE from the mainframe generation. I remember US Department of Justice BEEN HALLMARKS OF THE AMERICAN how hard it was. There was no compatibility 950 Pennsylvania Avenue, NW WAY OF LIFE. between software programs or different Washington, DC 20530 I SEE OTHER COMPANIES BECOMING hardware. Nothing worked. Bill Gates came Dear Mr. Ashcroft: MONSTROUS MONOPOLIES, BUT THEY along and changed all that. I am aware that a settlement has been DO SO WITH NO RECRIMINATIONS. TO Bill Gates standardized computer programs reached in the Justice Department’s three- ME, THIS SMACKS OF DISCRIMINATION onto more useable formats, increased year case against Microsoft. I support the AGAINST MICROSOFT. compatibility of computer software programs, settlement even though I don’t believe that PLEASE LET US ALL GET ON WITH making this country the dominant force in the government, MY GOVERNMENT, should INVENTION, INITIATIVE, & HOPE FUTURE. the computer industry. Ad for this he was have even recognized the complaints of their SINCERELY, punished. Punished by the government, and competitors in the first place. I think it is in MRS. EVELYN L. HUTH punished by his competitors, who could not the government’s, and our best interests to 209 N. CHURCH ST. compete in any other way. We tell our kids accept the settlement and move on to more NAZARETH, PA 18064 to be the best and brightest, yet when they important matters. do succeed, the government is looking over If It wasn’t for Microsoft, I would not be MTC–00031827 the shoulder. This is wrong. as computer literate as I am today, and I’m John and Marion Tasso Microsoft has led my industry with many just an ordinary citizen who has had no 163 Cannon Boulevard advances beyond computer compatibility . training, no schooling in use of a computer. Staten Island, NY 10306
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January 22, 2OO2 MTC–00031829 however, in Microsoft’s case, I cannot see Attorney General John Ashcroft SEMAR how they should be forced to share their US Department of Justice 689 Lakeshore Drive creative processed with companies who 950 Pennsylvania Avenue, NW P.O. Box 128 would be taking advantage of Microsoft’s Washington, DC 20530 Lake Junaluska, NC 28745 initial hard work and creativity. Dear Mr. Ashcroft: January 22, 2002 I think a majority of Americans are tired of I am asking that you give your approval to Attorney General John Ashcroft this litigation and that we should get on with the settlement between the Department of US Department of Justice the real business of America and allow Justice and Microsoft. This agreement was 950 Pennsylvania Avenue, NW Microsoft’s creativity to continue. There hammered out between the two parties, and Washington, DC 20530 certainly are many other knowledgeable and I think if the agreement is good enough for Dear Mr. Ashcroft: creative people out there who can compete them, it should be good enough for us. We I am writing to express my support for the if they so desire, however, they should not do not need to waste any more taxpayers’ Microsoft settlement. I feel that the be able to take advantage of Microsoft’s money. It is time we got past constantly Department of Justice reached a fair and initial innovations. rehashing judicial decisions. When does it reasonable agreement, which nine states A Plot against Microsoft appears to be stop? Why even go to court., if we don’t abide leave already approved. I do not understand focused on college campuses,including my by the decision? We are also trying to get past what more Microsoft should do to appease son’s, who feel that Microsoft is the ‘‘evil an economic recession, why cripple the one the states continuing with litigation. The doer’’. Microsoft, because of the great wealth company that will help us get out of it? concessions the corporation has already it has created, has replaced or is the current Microsoft has agreed to many of the made have set new precedent regarding representation of ‘‘corporate America’’, conditions imposed by the Department of antitrust cases, and have set provisions to which, in one’s youth, one loves to vility. Justice. Microsoft has agreed to a technical handle future problems that may occur. However, the majority of Americans want Under the current agreement, Microsoft committee to monitor its future adherence; Microsoft to be praised rather than be will change the way it develops, licenses, Microsoft has agreed to help companies condemned or penalized. and markets its software. Microsoft will grant I remain... achieve a greater degree of reliability with software developers and computer makers Very truly yours, regard to their networking software; and the ability to configure Windows so as to Alfred W. Crump, Jr. Microsoft has agreed to grant computer promote non-Microsoft software that AWG/via makers new license to configure Windows to competes with programs included within cc: Senator Rick Santorum promote non-Microsoft software programs. Windows. Also, Microsoft has agreed to This is more than fair. document and disclose for use by its MTC–00031831 Give your support to this agreement. Thank competitors various interfaces that are Renata B. Hesse you. internal to Windows operating system Antitrust Division Sincerely, products. It appears to me that Microsoft has, U.S. Department of Justice, Suite 1200 John Tasso more or less, opened its doors for the 601 D Street NW competition to launch their products through MTC–00031828 Washington, DC 20530–0001 its existing inventions. Ms. Heese: IHI TURBO AMERICA I do not see what further litigation at the I am strongly opposed to the settlement P.O. Box 22E Shelbyville, IL 62565 federal level will gain for the consumers. As proposed in the Microsoft antitrust trial. January 22, 2002 a taxpayer, I cannot justify allocating scarce What is contained In that proposal provides Attorney General John Ashcroft recurses on a problem that has already been neither adequate oversight and review to US Department of Justice solved, and fear that the states continuing prevent recurrences of such actions in the 950 Pennsylvania Avenue, NW with litigation see this lawsuit as a revenue future nor adequate penalties for those of the Washington, DC 20530 builder and nothing more. I hope you will past. Dear Mr. Ashcroft: see fit to judge this case by its merits, and Microsoft has been found to be a monopoly I have never been one to agree with any not by political and legal trends. Thank you and to have used that position to illegally for taking the time to hear my thoughts. type of monopolistic practices within on increase their fortunes at the expense of Sincerely, organization. This is why at the beginning of competitors, their own OEM customers, and Vergil Daughtery the case against Microsoft; I felt that the main the American public. complaints were justifiable. I however MTC–00031830 The proposed settlement seemingly accepts became quite dissatisfied with the turn that ALFRED W. CRUMP, JR. that Microsoft has behaved illegally, requires this lawsuit took. no meaningful compensation for their I am thankful that the government realized ATTORNEY AT LAW 520 WASHINGTON STREET victims, and requires that they behave very that such a breakup would have drastic P.O BOX 1498 slightly differently in the future—and then results for the IT industry, the economy and READING, PENNSYLVANIA 19603 only on specific and enumerated products. for consumers and redirected the lawsuit and TELEPHONE (610) 376–8784 This sort of settlement will do little to eventually proposed a settlement. Though I FAX (610) 376–2853 discourage Microsoft from similar activities find some of these terms of a bit harsh for January 22, 2002 in the future and will do nothing to keep Microsoft in that they are being asked to Attorney General John Ashcroft them from using their vast financial release its internal protocols, interfaces and U.S. Dept. of Justice resources to circumvent it. intellectual properties, I am very pleased 950 Pennsylvania Avenue, NW The proposed settlement does not apply to with Microsoft’s willingness to comply. I Washington, DC 20530–0001 any and all products. of any sort whatsoever, think Microsoft’s willingness has been Re: Microsoft Settlement designed, manufactured, or marketed by any slighted by the States wishing to continue Dear Mr. Ashcroft: company either partially or wholly owned by litigation. I am writing in support of the settlement Microsoft, its heirs, successors, or assignees, I am writing to give my complete support of the Microsoft litigation which is now past, present, and future—it should. It does to Microsoft in this matter and hope that pending. It is my belief that Microsoft has not require full and open disclosure of all Microsoft’s compliance to the terms of the done this country a great service by their APls and file formats to developers of settlement is duly noted. Putting this matter innovative products. Software development, products which might compete with to rest will do the economy, the IT industry, from my layman’s knowledge, appears to be Microsoft products—It should. It does not Microsoft employees and software consumers a low entry cost product which requires prohibit the predatory practice of releasing a world of good. I appreciate your office’s substantial individual knowledge and Microsoft products which ‘‘cripple’’ prompt decision to end litigation as soon as creativity as opposed to great cap out lay (as competing products—it should. It does not possible. opposed to Chip Manufacturing). prohibit software licenses which prohibit (or Sincerely, Certainly, I, in no way, want to condone seriously restrict) packaging of non-Microsoft John Selby any monopolist practices by corporations, products by OEMs—It should.
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It does not prevent them from using thelr products has been one of better services and competitive. But Microsoft has been a leader nearly absolute control of the end-user lower costs for consumers. Never has any in this industry for quite some time. They are computer Interface to sell other Microsoft consumer harm been proven in this lawsuit. not going away and I believe they will products and services—it should. Finally, the The government should now be satisfied comply with the terms laid out. proposed settlement seems to allow that competitors will be protected against Yours truly, Microsoft to provide second-hand computers improper actions by Microsoft, thanks to this G. Baker Ellett to under-financed school systems and supply settlement. 3305 Patterson Avenue them with Microsoft software. This is Sincerely, richmond, VA 23221 amazingly inadequate for several reasons: SMITH HELMS MULLISS & MOORE, First, there is absolutely no shortage of used L.L.P. MTC–00031835 computers in this country. I’ve worked for Mack Paul Renata B. Hesse computer manufacturers and can assure you ATLANTA CHARLOTTE GREENSBORO Antitrust Division that used computers are next to impossible RALEIGN WILMINGTON U.S. Department of Justice to give away to school districts— they want 601 D Street NW current models. Private individuals, MTC–00031833 Suite 1200 corporations, and government agencies scrap William B. Cooley Washington, DC 20530–0001 thousands of functional two or three- year- P. O. Box 416 Subject: United States v Microsoft Settlement old computers daily and many of them end Jackson, N.C. 27845 I am concerned that the penalty phase of up in landfills because no home can be found Ms Renata Hesse this case may create a furthering of the for them. Trial Attorney monopoly that Microsoft has been found Second, although the development cost of Antitrust Division guility of. I am concerned that pushing the software is high, the manufacturing cost of Department of Justice penalty phase for convienience, is not using the distribution media is negligible. The out- 601 D Street NW, Suite 1200 the best in judgement. I am concerned that of-pocket cost to Microsoft for operating Washington, DC 20530 if the penalty is established by those terms system and application software CDs is only Dear Ms. Hesse: negotiated by Microsoft that a president will a few cents each. Lastly, the concept of a Northampton County where I live and grew be established for future monopoly cases settlement which requires that Microsoft’s up, is one of the most economically involving other companies inclined to punishment for monopolistic acts be to distressed areas of North Carolina. As the establish their own monopoly. actually extend the monopoly to include new former Mayor of Jackson, our county seat, I I believe that Microsoft should be held victims who have escaped it in the past know first-hand the economic challenge we accountable to methods now and still being because of their lack of funds verges on the face. used by restricting computer manufactures to surreal. As our nation’s economy becomes more putting on only their operating system Please find a settlement that protects us heavily dependent on computers, I am software when you purchase a computer. I from Microsoft and is so painful to them that concerned that my home county may fall believe that the computer and the installed they never think of acting illegally again. even farther behind. I believe that we must software should be priced out as separate Respectfully, focus on closing the ‘‘ital divide.’’ But items. The consumer should have the Ran Ralston companies such as Microsoft, and its knowledge of both the price of the software 23704 El Tom Rd. #5–285 competitors, will not be able to do that if they being offered, and have the option of Lake Forest, CA 92630 continue to spend their time and installing whatever operating systems that is considerable resources battling in the courts desired. MTC–00031832 rather than developing new products and Microsoft should be required to provide SMITH HELMS MULLISS & MOORE, L.L.P. service for a wide range of customers. specifications of the present and future Attorneys at Law For that reason, I believe it would be wise document file formats publicly, so that all 2800 Two Hannover Square public policy for the federal courts to makers of software can write applications Raleigh, North Carolina 27601 approve the pending settlement in the compatable with Microsoft operating PO Box 27525 (27611) Microsoft antitrust cast. Our state’s attorney systems. The specifications, of networking (919) 755–8700 general has accepted it, for many of the same protocols, must also be provided to and direct: 919–755–8713 reasons outlined above. approved by an independent network fax: 919–755–8800 With our nation facing unprecedented protocol body. [email protected] challenges at home and abroad, American As an owner of MedScripts a concern of January 16, 2002 business needs to focus on serving the mine is patient confidentiality, it is because Renata Hesse customer, not fighting in the courtroom. I of this issue that we do not use the internet Trial Attorney hope the federal court will enable this to exployer of Microsoft in our business. We Antitrust Division happen in this matter. type medical chart information for Department of Justice Thank you for your attention. physicians. I have noted that the Center for 601 D Street NW, Suite 1200 Sincerely, Strategic and International Studies indicated Washington, DC 20530 William B. Cooley that the use of Microsoft software does pose Dear Ms. Hesse: a national security risk. With the various acts North Carolina’s Attorney General recently MTC–00031834 security breaches being done on an agreed to the settlement that has been Ms. Renata Hesse international level—this security risk is a reached in the Microsoft antitrust case, and Trial Attorney concern of mine. I hope the federal court will follow suit and Antitrust Division Thank you for your consideration when allow this long-running matter to be put Department of Justice settling this case. behind us. 601 D Street NW, Suite 1200 I strongly believe the settlement provides Washington, DC 20530 MTC–00031836 adequate guarantees against illegal and unfair RE: Microsoft proposed settlement SEI INVESTMENTS behavior by Microsoft. The settlement Dear Ms. Hesse: 195 N. Harbor Drive # 2003 protects computer makers, software I have read a summary of the settlement Chicago, IL 60601 companies and consumers. The and it seems to be very equitable. The January 23,2002 establishment of a technical committee to provision that the twenty largest computer Attorney General John Ashcroft monitor Microsoft’s compliance provides makers will be able to obtain Windows under US Department of Justice, further protection. the same terms conditions and price is very 950 Pennsylvania Avenue, NW It is my personal opinion that this fair. Washington, DC 20530–0001 proceeding has, from the beginning, been I think the time has come to settle this case Dear Mr. Ashcroft: more competitor-driven than consumer- and look forward to hearing that good news I would like to offer some thoughts on the driven. The long history of Microsoft and its in the near future. This industry is very Microsoft antitrust case. I believe that there
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was merit behind the complaints that brought case against Microsoft the changes within I’ve been involved in public service for a about the original lawsuits, but that was three this industry have made much of the original long time, having served the University of years and countless dollars ago. Microsoft case out of date. North Carolina at Chapel Hill at Athletic has made an antitrust precedent in the While I am not an attorney, my belief is Director and as a member of Congress from concessions it has agreed to, and protocol has that since the federal government and North Carolina’s Fourth Congressional been proposed under your settlement to deal Microsoft have worked out this agreement it District. Over the years, I’ve seen what with future problems. I do not see any benefit is one built on compromise. Generally, when improved technology can do for a staff. from future federal action against Microsoft, two sides are required to compromise their For example, data processing technology and hope that this matter will soon be behind positions to some degree the results are at makes the creation and mail merging of a us. least equitable. document so efficient that it barely takes There will always be those lining up to I have no doubt that settling this case is the longer to write a letter to one hundred people take as much market share from Microsoft as best for all involved, most importantly than it does to write a letter to one person. they can, and as long as you allow this case consumers. Spreadsheets, business presentations and to proceed, there is nothing to stop them. Sincerely, planning documents make meetings operate Microsoft has already agreed to grant broad Jackie Lewis more smoothly and increase the level of new rights to software engineers and MTC–00031838 comprehensive communication between computer makers. It has even allowed them everyone involved in a project. Microsoft has to configure Windows so as to promote non- GREG G. JONSON & ASSOCIATES, PC consistently led the way in technological Microsoft programs that compete with the CERTIFIED PUBLIC ACCOUNTANTS innovation. From their Windows suite of programs already included within Windows, 5310 Markel Road, Suite 208 products to their constant innovative Although it may seem unreasonable to allow Richmond, Virginia 23230 program updates, Microsoft quite simply has your own successful product to be used as a Telephone (804) 282–0687 produced the software that have been springboard to launch the competitions’’ Fax (804) 282–0265 successful for American business and products, Microsoft has agreed in an effort to Frank Y. Yannis, CPA American families. settle this issue sooner, rather than later. Greg C. Jonson,CPA I’m not an attorney by trade, and I’m not Michael A. Hamway, CPA Would it seem as reasonable if Microsoft was familiar with every bit of legal minutia January 23,2002 involved in a more traditional industry? present in the federal government’s antitrust Ms. Renata Hesse Imagine if Burger King could not penetrate case against Microsoft, but it seems to me Antitrust Division McDonald’s market share. Would we that if both parties have agreed to a Department of Justice mandate that McDonald’s allow its customers settlement, that settlement should be 601 D Street NW, Suite 1200 to order a Burger King Whopper at its own approved. The American economy is too Washington, DC 20530 restaurants? dependent on technological innovation to Dear Ms. Hesse: We must recognize that Microsoft has shot drag this lawsuit out any further. I request I have had a chance to review a summary itself in the foot, be it a small hole, in an that Judge Kollar Kotelly to approve the of the key provisions of the Microsoft effort to end this witch-hunt. I see no reason settlement. I understand that they include a settlement. that we can’t allow the IT industry and the provision in which Microsoft has agreed to Sincerely, economy to move forward. I hope you will license its Windows operating system Bill Cobey use your position to do what is right, and products to the 20 largest computer makers Chairman ensure that our country maintains its on identical terms and conditions, including 1410 Hillsborough Street position as the world technology leader. price. Another provision would grant * Post Office Box 12905 Sincerely, computer makers broad new rights to * Raleigh, North Carolina 27605 Michael Holan configure Windows so as to promote non- (919) 828–6423 * Fax : (919) 899–3815 MTC–00031837 Microsoft software programs that compete with programs included within Windows. * www.ncgop.org 333 North Madison Street To me, these are examples of an agreement MTC–00031840 Joliet, IL 60435–8595 that ‘‘has teeth’’. I hope that this settlement 815 725–7133 Tel will be adopted and this lawsuit will be put Judy Napier PROVENA to rest. 3300 Riverglade Road Saint Joseph Medical Center Sincerely yours, Powhatan, Virginia 23139 Foundation Greg G. Jonson. CPA January 18, 2002 January 23,2002 Ms. Renata Hesse Ms. Renata Hesse MTC–00031839 Trial Attorney U.S. Department of Justice, Anti-trust NORTH CAROLINA REPUBLICAN PARTY Antitrust Division 601 ‘‘D’’ Street NW, Suite 1200 Bill Cobey Department of Justice Washington, DC 20530 Chairman 601 D Street NW, Suite 1200 Ms. Hesse: Linda Daves Washington, DC 20530 I appreciate this opportunity to submit Vice Chairman Dear Ms. Hesse: comments regarding the settlement of the January 23,2002 I am told that comments on the proposed United State’s anti-trust case against Renata Hesse Microsoft settlement are to be directed to Microsoft. Trial Attorney you. Thank you for the opportunity to do so. I am a Microsoft consumer for several years Antitrust Division The proposed settlement stipulates that and have been generally pleased with the Department of Justice Microsoft could not penalize computer performance of this company’s products. 601 D Street NW, Suite 1200 manufacturers who distribute software that Even more though, I am continually amazed Washington, DC 20530 competes with Microsoft’s operating systems with the advancements made the entire the Fax: 202–616–9937 (including Windows XP) and middleware computer industry over the last several years. Dear Ms. Hesse: (i.e., Internet browser, instant messaging These advancements are quickly becoming As the Chairman of the North Carolina tools, media player, and email utilities). an integral part of most American’s Republican Party, I have to be prepared to These manufacturers would be entitled to professional and personal lives. make tough decisions every day. I have to be uniform licensing terms, with some While there is certainly a need for the constantly concerned with campaign flexibility for volume discounts and government to protect consumers from strategy, issue debates and new fundraising marketing allowances. Computer monopolies, I do not believe our current laws strategies for the party. I’m glad to know that manufacturers could fully ‘‘monetize’’ their can be honestly applied to the technology I have Microsoft products at my disposal control over the boot sequence and desktop industry. This industry is one that is based each and every day to maximize my configuration of computers by installing or on constant innovation and therefore changes efficiency in dealing with these and other promoting non-Microsoft products and very quickly. Since the government began its matters. services. They would be free to remove or
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replace any Microsoft middleware. I believe Sincerely, these issues, I hope that the DOJ will this means guaranteed flexibility for W. Thackara Brown Jr. reconsider the settlement. computer manufacturers who equip their Thank you, MTC–00031842 products with any Microsoft operating Bruce Marshall system. 23-Jan-02 11:19 page 1/2 8736 Bliss Road The last thing the technology industry 1/23/2002 Bellaire, Ml 49615 needs now are government lawyers, Comments directed to the Microsoft Anti- bureaucrats and judges watching over the trust hearings. MTC–00031843 industry, attempting to micromanage it Renata Hesse FAX: (540) 386–2377 which is exactly what Microsoft’s rivals Trial Attorney Richmond; (804) 698–1001 lobby for on a regular basis. In this economy Suite 1200 E-Mail Address: [email protected] we need to market to operate freely, which Antitrust Division www.terrykilgore.com is when it operates at its best. I would like to take issue with the COMMITTEE ASSIGNMENTS: Sincerely yours, proposed settlement between the DOJ and COURTS OF JUSTICE Judy Napier Microsoft. If I understand it correctly, it CORPORATIONS, INSURANCE AND provides: * No real remedies for the BANKING MTC–00031841 monopoly behavior that Microsoft has SCIENCE AND TECHNOLOGY W. THACKARA BROWN JR. exhibited. * Seemingly makes it legal for MILITIA AND POLICE 8835 Glass Pond Ct them to continue such behavior in the future. MINING AND MINERAL RESOURCES Ocean Isle Beach, NC * Provides some penalties which would only January 23, 2002 28469 increase Microsoft’s foothold as a computer Renata Hesse, Trial Attorney January 18, 2001 monopoly. Antitrust Division Renata Hesse It would seem to me that any settlement United States Department of Justice Trial Attorney with Microsoft should contain the following 601 D Street, NW, Ste. 1200 Antitrust Division provisions: Washington, DC 20530 Department of Justice 1) Microsoft should be required to publish Dear Ms. Hesse: 601 D Street NW, Suite 1200 the document file formats and specifications I am writing to advise you of my support Washington, DC 20530 for the files used within their programs. This for the proposed settlement agreement Fax 202–616–9937 will allow other program developers to create between the United States federal microsoft [email protected] software that can access these files, thus government and the Microsoft Corporation, Dear Ms Hesse preventing Microsoft from developing and to encourage you to approve this The US Department of Justice’s antitrust software applications that can lock in settlement agreement. lawsuit against Microsoft has been allowed to companies to using only Microsoft This proposed settlement agreement would go on too long, and I believe it begins to applications. be of tremendous benefit to consumers in smack of excessive use government power in 2) Microsoft must also publish the Virginia and other states. The dispute the private sector. Accordingly, I want to protocols it wishes to use on the Internet thus between Microsoft and the federal express my hope that the proposed consent keeping the internet open for all users and government needs to be concluded as quickly decree now before the court will be approved prevent the ‘‘takeover’’ by Microsoft by using as possible, and a fundamental part of this quickly. its own protocols. An example of this is my settlement agreement should be recognition I have extensive experience in the private local library. At the moment I can only access that Microsoft should be empowered to sector working with government. I was the the on-line capabilities of the library by using decide which products and features it offers Public Relations/Public Affairs for a major Microsoft’s Internet Explorer browser. The to the public and how those products are pharmaceutical company for nearly 26 years. library uses Microsoft software to create its priced. This is in the interest of competition, I know, firsthand, that government can be a web pages. Those web pages can only be and bringing the best possible products, at constructive partner with business, but I also accessed with a Microsoft browser, thus the lowest possible price, to consumers. know that it can be a destructive force. locking other browsers out and locking As you know, Virginia is a technology Microsoft clearly is dominant in the people into using Microsoft software. friendly state, and technology companies software industry today, but there is no 3) Microsoft must be prevented from tying have flourished within the Commonwealth guarantee that it can maintain that its software in to the sales of computers. I over the past several years. We need to do dominance. The information-technology have many copies of Microsoft’s Windows everything we can to encourage a industry, like so many industries, has seen operating system that I was forced to pay for continuation of this important economic dominant companies falter and fail before in because the computer manufacturers were development activity, and we need to make a marketplace as dynamic and fast-changing forced by economic and other means to sell certain that we not impede the success of as this one is, it can and, most likely, will the systems with their computers. The companies like Microsoft in any way. happen again software and the computers must be available Again, thank you and I hope you will act This very dynamism, in fact, is the most separately and priced commensurate with the favorably on this request. compelling argument for settling the case. It value of each. Sincerely, is far better for America for these companies If I understand what I have read in the TERRY G. KILGORE, MEMBER to fight each other in the marketplace, than news, one of the ‘‘penalties’’ of the settlement VIRGINIA HOUSE OF DELEGATES in the courtroom. It is through the is that Microsoft is to provide 1 billion FIRST DISTRICT marketplace, not the regulatory arena, that dollars worth of software to educational NOT PAID FOR AT GOVERNMENT new software will be developed and new institutions. The facts of this are that a) the EXPENSE innovations introduced to benefit both cost to Microsoft of a (line illegible) software business and the individual consumer The to schools will only provide a further MTC–00031844 proposed settlement apparently provides for monopoly in the training of future computer 01/23/02 10:38 FAX 614 476 9939 extensive safeguards against inappropriate users in Microsoft software. Thus the cost to DIVERSIFIED SYSTEMS behavior by Microsoft. Further, the company Microsoft for this penalty will be very low 001 has agreed to accept and abide by these and it will provide major benefits to DSInc. specific and far-reaching provisions. Microsoft in advertising, and future sales of DIVERSIFIED SYSTEMS, INC. In view of these facts, I hope the court will their software. ‘‘Diverse IT Solutions for a Diverse IT World’’ act quickly to resolve this matter, end the I feel very strongly that the DOJ has failed 700 Taylor Road,Suite 150 litigation and allow those involved to in its attempt to bring a resolution to the Gahanna,OH 43230 concentrate their efforts on reenergizing this problems of Microsoft. It appears to me that 614–476–9939 ph vital industry. they have played right into Microsoft’s hands 614–476–9672 fx Let’s get back to building America for the and this is a dream settlement for Microsoft. Facsimile Transmittal future! As a consumer who has been harmed by To: J. Aschroft
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Fax; 202 616 9937 There has been no harm to consumers. integrated technologies. The settlement also Company: A G Sincerely, takes significant steps in assuring that Pages: 2 Craig L.Blais competitors of Microsoft and computer- From: Homer Beard Executive Vice President makers will be able to compete successfully Date: 1–23–02 Phone 508–755–5734 and use non-Microsoft products. CC: 339 Main Street Suite 200 On a personal note, I agree with many of xUrgent xFor Review xPlease Reply Worcester. MA 01608 DOJ’s assertions in the case, but at what point MESSAGE Thank you for your consideration FAX 508–755–9639 does the cost of the investigation and the Homer Beard restrictions placed therein become a greater CONFIDENTIAL MTC–00031846 punishment? It is my sincere hope that the 01/23/02 l0:38 FAX 614 476 9939 p.1 (508) 755–9639 WBDC Jan 23 02 10:42a courts will accept this settlement and resolve DIVERSIFIED SYSTEMS Tallahassee, Florida 32312 this matter quickly. 002 January 21, 2002 Sincerely January 22, 2002 Renata B. Hesse Jaimey Sexton Attorney General John Ashcroft Antitrust Division President US Department of Justice U.S. Department of Justice Telephone Strategies Group 950 Pennsylvania Avenue, NW 601 D. Street NW, suite 1200 1081–102 Wirewood Drive Washington, DC 20530 Washington, DC 20530–0001 Raleigh, NC 27605 Dear Mr. Ashcroft: Dear Ms. Hesse: Phone: 919–420–9320 I am taking a moment to write to you to I believe that this country is becoming far FAX: 919–828–6589 member AAPC express concern about settlement reached too litigious. Lawsuits destroy our innovative between your office and Microsoft in the spirit and, especially during economic times MTC–00031848 antitrust case. I fear that there are groups that such as these, hinder the ability of corporate learn something would like this settlement withdrawn and America to grow and create jobs for our January 21,2002 see this case continue. You should avoid the citizens. The lawsuit against Microsoft is just Renata B. Hesse advice of these groups and finalize the one example of overzealous litigation. Suing Antitrust Division settlement. a corporation for its innovation and 601 D Street NW. Suite 1200 Under this settlement Microsoft will capitalistic pursuits does nothing but deter Washington, DC 20530–0001 disclose its information about internal other companies from investing in new Dear Ms. Hesse, interfaces within Windows, which will give technologies. Rather, we need to foster As a small business owner, I employ competitors unprecedented access to market solutions to issues affecting the several people. Recently, I had to lay off Microsoft code. This will create more technology industry. Such solutions will some staff, which last year did not seem openness and competition in the IT industry. foster growth in the economy and create jobs; possible. But, as I’m sure you are aware, the No other software company has ever agreed conversely, litigation such as that against once raging high-tech economy is now barely to share so much information as Microsoft Microsoft has the exact opposite effect. limping along. has in this settlement. There clearly is no Companies like Microsoft are built by I think that the never-ending lawsuit reason to continue this case. innovative ideas coupled with the against Microsoft has contributed to the I am in favor of the proposed Microsoft willingness to invest in the promotion of slowing of the economy as innovation and settlement, and I hope that it is finalized those ideas. The lawsuits against Microsoft funding have dried up. Microsoft is a huge quickly. There are many more important appear to have been initiated by its player in my industry, and when they clinch priorities with which to deal, and prolonging competitors, which could set a dangerous up, uncertain of what this lawsuit is going to this case would be folly. I am hoping that you precedent for using the courts to circumvent do, the entire tech world is slowed, virtually agree and will stand behind your settlement. the legislative process. While I do not believe frozen in place wondering what comes next. Sincerely, Microsoft should have been sued in the first That is why I hope the court will accept Homer Beard 1/23/02 place, I support the settlement reached the terms of the agreement on the table now. 6539 Rugosa Avenue between Microsoft and the Justice It seems fair to me. Microsoft will now grant Reynoldsburg, Ohio 43068 Department as a means to end this litigation. hardware companies new rights to configure Closure on the litigation is beneficial to the Windows so they have the freedom to MTC–00031845 entire technology industry. Thank you for the promote non-Microsoft products within WBDC Worcester Business Development opportunity to relay my thoughts on this Windows programs. This was a good sign Corporation matter. from Microsoft. Moreover, I don’t think that January 22, 2002 Very truly yours, the Government needs to be in the Renata Hesse Jason L. Unger technology industry. If some companies— Trial Attorney like AOL Time Warner—cannot compete, Antitrust Division MTC–00031847 that is their own detriment, and Uncle Sam Department of Justice Renata Hesse does not need to do their work for them. My 601 D Street NW, Suite 1200 Trial Attorney business will be in much better shape if this Washington. DC 20530 Antitrust Division lawsuit is settled, and I will be able to hire VIA FACSIMILE Department of Justice more people and contribute to the economy. Dear Attorney Hesse: 601 D Sheet NW, Suite 1200 Sincerely, I have served in municipal government for Washington, DC 20530 William J. Crumpacker, III a number of years, and as a former local Fax 202–616–9937 CEO public official, I am often one of the first [email protected] 2457 Care Drive people to hear what is on the minds of our Dear Ms. Hesse: Tallahassee, FL 32308 USA phone: citizens. I can tell you that it is not the I write in support of the proposed (850)385–7915 proposed settlement in the Microsoft anti- settlement in the Microsoft antitrust case. It fax: (850)365–7964 trust case. People today are concerned about is time to resolve this matter so the high-tech www.learnsomething.com the economy and about their-job. industry can return to what it does best: The Hi-tech industry plays an important develop innovations that improve MTC–00031849 role in the Massachusetts economy. We need productivity and economic growth. The COLONEL DICK BLACK (USA RET.) to reach a conclusion in this case, so that our agreement that has been negotiated provides 20978 FLATBOAT COURT already fragile economic state is harmed no far-reaching changes in how Microsoft STERLING, VIRGINIA 20185 further. We need to put people back to work develops, licenses and markets its software. THIRTY-SECOND DISTRICT in the Hi-tech sector. But the settlement also would enable COMMONWEALTH OF VIRGINIA I urge the Justice Department to support Microsoft to continue developing new HOUSE OF DELEGATES RICHMOND the proposed settlement reached in this case. versions of Windows that feature new and January 22, 2002
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COMMITTEE ASSIGNMENTS: COURTS OF a mechanism to make it easy for computer should satisfy the industry. The company has JUSTICE TRANSPORTATION LABOR makers, consumers, and software developers pledged to treat computer makers equally, AND COMMERCE CLAIMS MINING to promote non-Microsoft software within regardless of their software preferences, by AND MINERAL RESOURCES Windows. Clearly, this settlement is more offering identical pricing to the top twenty Renata Hesse than just a slap on Microsoft’s wrists. It will hardware manufacturers and eliminating any Trial Attorney end the suit, and I support it. contract stipulations that would obligate the U.S. Department of Justice Sincerely, distribution or promotion of Windows 601 D Street, NW #1200 Richard Galaska technologies. Considering these terms, and Washington, DC. 20530 additional implementation of a three-person By fax: (202) 616–9937 MTC–00031852 technical committee to review compliance, Dear Ms. Hesse: January 23,2002 the government should accept this generous I urge you to approve the proposed Attorney General John Ashcroft offer. settlement agreement in the case of United US Department of Justice Please finalize the agreement at the end of States v. Microsoft. Continued uncertainty 950 Pennsylvania Avenue, NW the sixty-day public comment period at the surrounding this litigation has caused shock Washington, DC 20530 end of this month. The economy and the waves within the technology community that Dear Mr. Ashcroft, consumer will greatly benefit from the are impacting the economy. Please accept this letter as an indication of decision to let the software industry get back I have received numerous complaints from my full support for the settlement that was to business once again. Thank you. the public regarding the Microsoft antitrust recently agreed to by Microsoft and the Sincerely, case. The public does not understand why Justice Department with regard to their David A. Hayes Microsoft has come under judicial attack. I antitrust lawsuit. Settling this matter in order have not heard from a single individual for Microsoft and the rest of the industry for MTC–00031854 urging continuation of the lawsuit. that matter to begin innovating again is in ATS As the most highly visible high-tech everyone’s best interest. Advanced Technical Solutions, LLc company in America, Microsoft is a My understanding of the settlement is that Providing network solutions that work! bellwether for the health of the industry. The Microsoft did not get some sort of secret POBox 469— antitrust lawsuit could not have come at a ‘‘sweetheart deal.’’ On the contrary, the Hurricane WV 25526 worse time. A number of technology firms in software company has in fact agreed to terms Phone 304–757–6542 or near my district have experienced that extend beyond the products and Toll Free 1–877–479–5438 financial distress unconnected with procedures that were actually at issue in the www.atsnetworking.com Microsoft. However, their difficulties are three-year lawsuit. After three years, one January 21,2002 aggravated by the immense uncertainties would think that all the parties would know Attorney General John Ashcroft surrounding that company. Prompt what issues are at stake, and Microsoft’s U.S. Department of Justice settlement of this case is crucial, not only to competition should have no justification for 950 Penna. Ave, NW Microsoft, but to the industry as a whole. asking for even more than what was litigated Washington, DC 20530 I understand that the proposed terms of the over for the past three years. Therefore, a Dear Mr. Ashcroft: settlement are fair to all parties. I support the breakup of Microsoft, as some in the Some of the main complaints against settlement as written and urge immediate government strove for, is not necessary. As Microsoft may well have been justifiable in finalization of the case now pending before its stands, Microsoft will disclose for use by the beginning, but the course of the lawsuit the federal court. its competitors various lines of code for made it quite clear that resolving these Sincerely, Windows products. I understand this is complaints quickly became secondary to Richard H. Black unprecedented in an antitrust settlement. It punishing Microsoft for its successes. When Virginia also agreed not to enter into any agreements the rhetoric started escalating to include House of Delegates obligating any third party to distribute or threats of breaking up Microsoft, the entire 32nd District promote any Windows technology matter crossed the line. bly/cc: E. David Foremen, Jr. exclusively or in a fixed percentage. Lastly, Potentially, a breakup of the size and DISTRICT: (703) 406–2851 Microsoft has agreed not to retaliate against importance of Microsoft could have had * FAX: (703) 450–2076 computer makers who ship software that devastating effects upon the IT industry, as RICHMOND: (804) 698–1032 competes with anything in its Windows OS. well as our national economy. To force * E-MAIL: It seems to me that the settlement covers consumers and IT businesses to triple source DEL—[email protected] all of the bases and should therefore be their software needs at painfully higher implemented. anticipated prices to cover the inevitable MTC–00031851 Sincerely, administrative costs of running three 98 Shoreline Drive John Hunt companies could have brought the computer Ware, MA 01082 President revolution to a screeching standstill January 21, 2002 overnight. Attorney General John Ashcroft MTC–00031853 Thankfully, cooler thinking prevailed and US Deportment of Justice David A. Hayes the lawsuit came to a screeching halt, rather 950 Pennsylvania Avenue, NW 7241 Lighthouse Lane NE than our economy. The resulting settlement Washington, DC 20530 Olympia, WA 98506 has the advantage of ending the hostilities, as Dear Mr. Ashcroft: January 23,2002 well as addressing most of the original It has come to my attention that the US Attorney General John Ashcroft complaints leveled against Microsoft. That Department of Justice, and Microsoft US Department of Justice, Microsoft will need, for example, to be Corporation have reached a settlement in the 950 PennsyIvania Avenue, NW treating its OEMs and third party software three-year antitrust case. I would like you to Washington, DC 20530–0001 developers with more openness and know that I support the settlement, and also Dear Mr. Ashcroft: flexibility is a good thing. support Microsoft in this. The government I am writing to express my support for the I am therefore writing in support of the needs to leave them alone, and move onto proposed settlement of the antitrust lawsuit settlement and hope that it is found to be other matters like investigating the Enron against the Microsoft Corporation. The acceptable throughout the balance of this fiasco. Microsoft has agreed to make a company’s impressive ability to innovate and legal process. specific number of changes, because of this; serve the consumer with affordable, quality Sincerely settlement. For instance, they have agreed to products does not warrant the extensive legal Brian Sims document and disclose various interfaces action that we’ve seen over the last three MCSE, MCT that are internal to Windows’ operating years and should be ended at once. system products. Also, they have agreed to The deal provides Microsoft’s competitors MTC–00031855 design future versions of Windows to provide with several openings in the marketplace that TAMPA (813) 621–0855
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PINELAS (727) 443–3609 the Microsoft Corporation. Microsoft has 1. All file formats—past and present as of ORLANDO (407)856–4076 attained its position of dominance in the the date of the settlement)— ever used by any KEARNLEY technology industry by offering consumers Microsoft operating system or program, and DEVELOPMENT CO., INC. quality products. Microsoft production of specifically any member of the office suite P.O. BOX 76009 . user-friendly software has enabled the (Word, Excel, Powerpoint, Outlook), must be TAMPA, FLORIDA 33675–1009 technology industry to grow quite made completely and immediately available FAX (813) 623–1437 substantially. This is in spite of the fact that as ‘‘public knowledge’’ in a way that does not 9625 ALONZO ROAD the previous Attorney General and require any money or identifying information RIVERVIEW. FLORIDA 33569 Administration spent more on the to be given to Microsoft by any person, (LOCATED 7/10 Mile South of Lee Roy persecution of Microsoft than on the pursuit company, or organization that wants the Selmon Expressway (Crosstown) Off U.S. of terrorists who were actively attacking information. Hwy. 301) American interests around the world. The 2. A1l file formats created and used after Underground Utilities settlement, however, is welcome in that it the date of settlement by any Microsoft or Site Development Since 1956 provides an end to this persecution Anyone subsidiary company’s operating system or 14-Dec-2001 who thinks Microsoft got off easy in this program, and specifically any member of the Renata B. Hesse dispute is mistaken. Microsoft has made office suite [Word, Excel, Powerpoint, US DOJ/ANTITRUST DIVISION numerous concessions throughout this Outlook), must be made comp1etely available 601 D Street NW process. Microsoft has agreed to disclose the as ‘‘public knowledge’’ no later than the date Washington, DC 20530–0001) internal interfaces of its Windows operating the product is available to manufacturers for Tel: (xxx) xxx-xxxx system. This allows developers to substitute bundling onto computers, and in a way that Fax: (202) 616–9937 non-Microsoft software for Microsoft does not require any money or identifying RE: Microsoft Settlement—Do not go lite! software at their discretion. This will allow information to be given to Microsoft by any Dear Renata Hesse, for increased competition for Microsoft person, company, or organization that wants I wanted to make you aware of the competitors. Obviously, Microsoft is going to the information.. opinions from industry regarding the great lengths to settle this dispute. It is in the 3. All APIs used to communicate between irreprable harm Microsoft has done to the best interest of this economy that we let this any Microsoft products (operating systems computing world. They have been blatently settlement stand. and/or applications) shall be completely anticompetative, destroying any competition Sincerely, divulged to enable the complete and they could using their OS monopoly and J. Crozier Brown, P.E. unrestrained interaction of non-Microsoft continually expanding into new areas by cc: Representative Richard Armey operating systems and/or applications, or leveraging their OS: Web Viewing, Web replacement of Microsoft operating systems. MTC–00031858 servers, Music(Media Player). No one can This shall specifically include the exchange compete in any area if Microsoft simply Date: Wed, 23 Jan 2002 08:31:48 C800 (PST) and SMB protocols. This information will be bundles their product with their Operating From: Bruce Timberlake
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block one of Microsoft’s favorite tactics: Washington, DC 20530–0001 Web Site www.Incremax.com secret and incompatible interfaces. The rule fax l-202–307–1454 MTC–00031862 must be: if they cannot publish the interface, Subject: Microsoft Settlement they cannot release an implementation of it. I am opposed to the proposed Microsoft FROM : RABBI MARC BROWNSTEIN, DD 2. Require Microsoft to use its patents for Settlement. It is not a true penalty for FAX NO. : defense only, in the field Of software. It is Microsoft. Giving away software that costs Jan. 23 2002 05:05pm P1 crucial to address the issue of patents, Microsoft little beyond distribution, yet is 13703 Waverly Crest court because it does no good to have Microsoft counted at full price, reduces the penalty to Cypress, TX 77429 publish an interface, if they’’ have managed literally a penny or less per dollar. Each copy January 22, 2002 to work some patented wrinlkle into it (or costs less than one dollar to distribute, but Attorney General John Ashcroft into the functionality it gives access to), such claimed worth is hundreds of dollars for US Department of Justice that the rest of us are not allowed to some of the software. It also serves to further 950 Pennsylvania Avenue, NW implement it. Microsoft’s monopoly into an industry Washington, DC 20530 3. Require Microsoft not to certify any (education) which has traditionally had a Dear Mr. Ashcroft: hardware as working with Microsoft healthy, competitive mix of personal The purpose of this letter is to inform the software, unless the hardware’s complete computer alternatives (Apple, for example). Attorney General of my ardent support for specifications have been published, so that Rather than a having to live with the legal the antitrust settlement against Microsoft. any programmer can implement software to consequences of it’s anticompetitive Three years have passed since the inception support the same hardware. To close, I would behavior, Microsoft would be given a less of this legal dispute. Over these years, like to quote the summary by the Computer than token penalty AND given a DOJ countless federal resources have been and Communications Industry Association of mandated reason to extend it’s monopoly squandered over the issue. An issue that, in the DOJ settlement compared to that ordered into one of the few remaining strongholds of my opinion, should never have been an issue by the DC Circuit Court of Appeals: desktop OS competition. in the first place. The government need not ‘‘The settlement being prepared by Charles Thank you for your consideration, have the authority to persecute successful James (l) would not prevent the central ways Zoltan Ness companies. It adds insult to injury when taxpayer dollars are wasted in the process. Microsoft was found to have illegally MTC–00031861 maintained its Windows monopoly, (2) does Further, Microsoft has made many nothing to restore competition in the OS January 23, 2001 concessions during the process. Microsoft is market, an express Court of Appeals Renata B. Hesse willing under the terms of the settlement to requirement for a Microsoft remedy, and (3) Antitrust Division disclose protocols and design interfaces that has no provisions directed to Windows XP U.S. Department of Justice are internal to the Widows system. This and other new endeavors of Microsoft to 601 ‘‘D’’ Street, NW, Suite 1200 allows competing developers to design new extend and protect its monopoly to new Washington. DC 20530–000l software that are increasingly compatible markets in the future, another express Court Dear Ms. Hesse, with the Microsoft system. In addition, of Appeals requirement for a Microsoft This letter is written in support of the Microsoft has agreed to license the Windows remedy. The proposal is so far outside the proposed settlement among Microsoft, the system at the same price to many computer mainstream of antitrust law, and so federal government, and nine states. It is manufacturers. Obviously Microsoft is completely contradicts the DC Circuit’s offered under the provisions of the Tunney willing to make concessions in order to unanimous opinion affirming Microsoft’s Act. I am president of Incremax Technologies resolve this issue. guilt, thus the only explanation must be Corporation and president of the New York I believe the Attorney General should echo political pressure. Whether or not the public chapter of the International Association of these sentiments with a hasty enactment of learns of the backroom activities will be the Microsoft Certified Partners, a group of the settlement. responsibility of Judge Kollar-Kotelly under independent companies selling solutions Sincerely, the Tunney Act public hearings that are based primarily upon Microsoft software. I Barbara Brownstein endorse a settlement to this long-running suit required before approval of anti-trust MTC–00031863 settlements.’’ because it is good news not only for Thank you for taking the time to read this. consumers, but also for the economy, which FROM : Global Bay Inc. PHONE NO. : Bruce Timberlake has been negatively affected by the 2124252324 Jan. 23 2002 05:07PM Pl 3636 Cheshire Avenue uncertainty generated by the dispute. The 1443 Pinewood Street Carlsbad, CA 92008 proposed settlement already has considerable Rahway, NJ 07065 [email protected] teeth, placing unprecedented oversight and Phone: 732–882–1222 restrictions upon Microsoft and the future Fax: 212–202–4966 MTC–00031859 conduct of its business. http:/www.globalbay.com TO: D.O.J./ATTN: MS RENATA B.HESSE Continued anti-trust action will extend the email: [email protected] AT TELEPHONE NUMBER (OR FAX uncertainty already endured by key sectors of Global Bay NUMBER):202 307 1454 this country’s economy. In addition, it will January 23, 2002 FROM: risk the over-regulation (and potential Attorney General John Ashcroft RE: Microsoft Settlement crippling) of an industry that already U.S. Department of Justice NICK PAVIA & ASSOCIATES AT FAX responds very well on its own to the 950 Pennsylvania Avenue, NW PHONE NUMBER: 805/496–8806 marketplace. (In this light, I find it ironic that Washington, DC 20530 PER YOUR REQUEST as I write, Microsoft is again been sued by Dear Attorney General Ashcroft: OTHER: rival AOL Time Warner in an effort to subdue I would like to express some of views THIS IS TO LET YOU KNOW THAT WE Microsoft in court rather by competitive, free- regarding the Microsoft antitrust case. I have APPROVE AND SUPPORT THE MICROSOFT market means.) always disagreed with this case, and frankly SETTLEMENT. The elements of the Microsoft settlement feel that Microsoft is just bearing the brunt NICK PAVIA are sound, benefiting U.S. constituents far of the blow from companies that cannot DOROTHY PAVIA better than continued litigation could ever match the superiority of Microsoft’s TEL NO. Jan 23.02 12:18 P.01 bring about. products. I might feel differently about Sincerely, Microsoft if it had achieved its success MTC–00031860 Kerry P. Gerontianos purely by malicious behavior, but it did not. From: Zoltan Ness Ilncremex Technologies Corporation Microsoft built a better mousetrap and priced To: Renata B. Hesse 575 Lexington Avenue, it lower than the competitions’’. I thought Antitrust Division New York, NY 10022 that was the goal of business. U.S. Department of Justice Phone 212.888.1900 The concessions called for in your 601 D Street NW Fax 212 888.1050 E.mail settlement make antitrust precedent. Suite 1200 [email protected] Nevertheless, it is worth it to end this case
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sooner rather than later. Under your into the perspective of the computer at issue in the suit. Microsoft has agreed to settlement, Microsoft has agreed to allow industry. I recently purchased a new Dell many concessions in order to settle the issue. software engineers and computer makers to laptop. My operating system of choice is The terms are fair and I would like to see the configure Windows in ways that promote Linux for various reasons. When I contacted settlement accepted. non- Microsoft programs that compete with Dell to order the computer I was told I had Sincerely, those programs already included within to purchase a version of Microsoft Windows Virginia Linstrom Windows. This sounds good for the average as well as a Microsoft Office suite with the consumer, but is it fair to Microsoft? Imagine laptop. I did not argue because I understood MTC–00031866 if McDonald’s had to allow customers to the reason behind it. This is the reason Philip Wise order a Burger King Whopper at its something needs to be done about the power STATE REPRESENTATIVE restaurants if they wanted one, just because Microsoft has over the OEMs. My chosen Ninety-Eighth District no one was going to Burger King. What if profession is in the computer industry, I will Statehouse: (515)281–3221 every Coke had to come with a sample of not even begin to pretend to know anything e-mail—[email protected] Pepsi inside, just because Coke has loyal about the laws in the various states or of this HOME ADDRESS drinkers? Would these situations be fair? great nation. However, I believe this kind of 503 Grand Ave Would we allow them? As long as Microsoft business practice can be classified as Keokuk, Iowa 52632 is willing to give up some of its market share racketering. Even if I am wrong on this count Home: (319) 524–3643 and competitive advantage, there will always this practice has to he stopped, I believe the House of Representatives be more hands reaching out. It seems that the only true settlement is to simply stop State of Iowa American Dream has changed into something Microsoft from forcing OEMs to bundle their Seventy-Ninth General Assembly for nothing, and now is backed by law. We products in order to get the OEM licens- ing. STATEHOUSE need to realize that sometimes product lines As a small time programmer it would be nice Des Moines, Iowa 50319 fail. Just because the companies worked hard, to have free access to the MS Office file for- COMMITTEES doesn’t mean that they deserve success. Such mats and the programming API for Windows Education, Ranking Member is capitalism. itself but this choice should be left up to the Appropriations Sandeep Bhanote Microsoft Corporation, not the government. If Commerce & Regulation CEO a legal precedent such as this is set now who January 23, 2002 CC: Congressman Jerrold Nadler is to say that in a few years Pepsico isn’t Renata B. Hesse going to accuse Coca Cola of having a Antitrust Division MTC–00031864 monopoly. If this were to happen and they United States Department of Justice BlazeConnect Inc. were indeed found to have a monopoly who 601 D Street, NW, Suite 1200 520 N. Main, Cheboygan, MI 49721 is to say the settlement wouldn’t include Washington, DC 20530–0001 Tel.: 231–597–0376, Coca Cola disclosing their secret formula? In Dear Ms. Hesse: Fax: 231–597–0393 closing, my opinion is that the playing field As a senior member of the Iowa House of January 23, 2002 needs to be leveled. Give the consumer a Representatives who has focused on Greetings, choice as to whether they want Linux or education and economic development policy, Subject: U.S. vs. Microsoft Windows, Microsoft Office or Lotus I have followed with considerable interest In regards to the ruling of the anti-trust SmartSuite. Let the consumer decide who the proposed settlement in the Microsoft case against Microsoft and the proposed will dominate the computer market. I may be case. I am vitally interested in the creation settlement I have several thoughts and completely wrong but I feel that if the OEMs and deployment of technology that comments I would like to share. First of all such as Gateway, Dell and Compaq are empowers consumers and encourages I am pleased to see that Microsoft was found allowed to decide for themselves how they business expansion. I believe such to have a monopoly. I am, however, not want to sell their products a settlement will technology deployment has potential to pleased with the proposed settlement. I am be found on its own with little or no foster growth in the non-metropolitan areas not pleased because although on the surface government intervention. of the State of Iowa, which is the type of it seems like a good solution underneath it Greg Abur district that I represent. is lacking. I have read a great deal of other Secretary Treasurer It is my judgment that the proposed opinions regarding what should really be settlement in the Microsoft case is good for done. In my opinion breaking up the MTC–00031865 Iowa. I am writing, therefore, to lend my company or forcing them to disclose their JAN-23–2002 02:42 PM P.01 support to that settlement and to ask for your intellectual property regarding file formats or Virginia Linstrom assistance in bringing about resolution of this the API is not the answer. The best thing I 127 Alameda Avenue case. can think of is to use the laws that are Fircrest, WA 98466–6204 Respectfully submitted, already on the books, perhaps with some January 18, 2002 Philip Wise modification, to empower the end user. To Attorney General John Ashcroft put it simply the end user needs to have real US Department of Justice MTC–00031867 choices. The first example that comes to 950 Pennsylvania Avenue, NW FOUNDING FELLOW mind is the analogy of ordering a pizza. Let’s Washington, DC 20530–0001 American Society for Laser Medicine & suppose for a minute that you do not care for Dear Mr. Ashcroft: Surgery anchovies on your pizza. On a Friday night I am writing today to urge you and the FOUNDING MEMBER you are working late in your office and you Department of Justice to accept the Microsoft Gynecologic Laser Society pick up the phone to order a pizza. You antitrust settlement. Microsoft has agreed to MEMBER select the toppings you want but when the many concessions in order to put the issue International Society for Laser Medicine & person on the other end of the line reads to rest. The settlement is fair and I hope that Surgery those choices back to you they add anchovies you will agree to it. MEMBER to the list. You remind them you did not ask Some say that Microsoft has gotten off NEW YORK ACADEMY OF SCIENCES to have anchovies put on your pizza. The easy; in fact they have not. Microsoft has MEMBER friendly voice replies that although you do agreed to give computer makers a wide- AMERICAN ASSOCIATION FOR THE not wish to have anchovies put on your pizza ranging flexibility to install and promote any ADVANCEMENT OF SCIENCE they must be included because the company software that they see fit. It has also agreed MEMBER that supplies anchovies requires that they are to license its Windows operating system Sigma Xi, The Scientific Research Society of included with every pizza. Then you are told products to computer makers at a uniform North America that even if they do not include the price no matter what other products the MEMBER anchovies you will still be charged for them. maker promotes. In fact, Microsoft has agreed Association for the Advancement of Medical I am quite certain you would find this to terms that extend well beyond the Instrumentation situation unacceptable. Now let’s put this products and procedures that were actual1y PRESIDENT
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American Board of Laser Surgery hope the settlement moves forward soon, and forbid any retaliation from Microsoft against MEMBER brings an end to the case. Thank you for your other computer companies that either Surgical Staff, St. Barnabas Medical Center, attention. promote or produce software that competes Livingston, NJ. Sincerely, with Microsoft’s. This will encourage FORMER MEMEBR Samuel Davis competition and help improve the IT Medical staff, St. Luke’s Hospital Milwaukee, industry. I am in full support of the Wisconsin MTC–00031869 settlement that was reached. It can bring an SENIOR Member Institute of Electrical and Digitech Services,Inc. end to this tiresome suit, and that cannot Electronic Engineers PO Box 118 come soon enough. SENIOR Member Glasgow, KY 42142 Sincerely, American Society of Mechanical Engineers (270) 659–0241 Office Ted Staplin LISTED (270) 659–0083 Fax cc: Representative Marty Meehan Who’s Who in the World DSI Who’s Who in Founders of Science & Technology @ Work MTC–00031871 Technology January 9, 2002 Bob Ellis Inc. Who’s Who in Optical Science & Technology Attorney General John Ashcroft 2417 Bayfront Parkway JOHN C. FISHER, Sc.D. US Department of Justice, Orlando, Florida 32806–7337 Consultant in Laser Medicine & Surgery 950 Pennsylvania Avenue, NW Tel: (407) 859–5883.. 417 Palmtree Drive, Bradenton, Florida Washington, DC 20530–0001 Fax 859–5350.. 34210 U.S.A. Dear Mr. Ashcroft: Cell 247–3072 [email protected] 941–756–2316 I am writing to inform you I am lending my January 23, 2002 Fax 941–758–3617 support to the settlement reached between Attorney General John Ashcroft January 23, 2002 Microsoft and the Department of Justice US Department of Justice, Ms. Renata B. Hesse, regarding the antitrust suit. I believe that is 950 Pennsylvania Ave. U.S. Dept. of Justice, suit has brought about the stagnated state of Washington, DC, 20530 Washington, DC our economy and particularly the IT Dear Mr. Ashcroft, Dear Ms. Hesse: industry. It is necessary that the settlement I am pleased to know that the federal As an informed taxpayer, I am writing you is dealt with the way it IS. rather than government has reached a settlement with to urge that the Dept. of Justice approve the continuing litigation. Microsoft. After three years of litigation, the proposed settlement with Microsoft and nine This suit has been going on for the past settlement is fair to both sides and should be states, that was put forth on November 06, three years. To continue any further litigation beneficial to consumers. The agreement is 2001. means a further delay in the revival of the extremely comprehensive and mandates The $35,000,000 which the Microsoft economy and the industry. The settlement is many adjustments in the way Microsoft lawsuit has cost American taxpayers to date fair and reasonable and was arrived after carried out their business in the past. is excessive. Microsoft’s competitors, who extensive negotiations. Not settling the case Microsoft has agreed not to enter into any brought the suit in the first place, are simply now will mean additional atrophy of time agreements obligating any third party to interested in the destruction of Microsoft as and money. distribute any portion of Windows a means of eliminating competition at I strongly recommend that you finalize this exclusively. Also, the company has agreed taxpayers’’ expense. In the interests of a settlement, and help to ensure the not to enter into agreements relating to healthy economy, valuable technology for all renaissance of our economy and industry. Windows that obligate any software users of computers, and ending the waste of This unfair use of the American taxpayers’ developer to refrain from developing or tax dollars, I urge you and the D.O.J. to money cannot continue any further. To promoting software that competes with accept the proposed settlement. prevent this from continuing, all proceedings Windows. Finally, the government assured Sincerely yours, at the federal level must be stopped compliance by negotiating for the creation of John C. Fisher, Sc.D. Sincerely, a Technical Committee to monitor David Ogles Microsoft’s compliance. MTC–00031868 President I believe Microsoft and Bill Gates have COMMENTS: MICROSOFT SETTLEMENT done tremendous good for the United States. CONCERNS MTC–00031870 Their products are used by millions of Samuel Davis 104 Garrison Road citizens and help make the economy stronger 4325 South Park Avenue Chelmsford, Massachusetts: 01824 and more efficient. I commend you for your Dothan, AL 36301 January 14, 2002 efforts to settle this case and hope no further January 2, 2002 Attorney General John Ashcroft action will be taken on the federal level. Attorney General John Ashcroft US Department of Justice I must say that I am very happy that Bill U.S. Department of Justice 950 Pennsylvania Avenue, NW Gates is an American and that he was not a 950 Pennsylvania Avenue, NW Washington, DC 20530 citizen of another foreign country as if he Washington, DC 20530 Dear Mr. Ashcroft: was, we would be sending checks from the Dear Mr. Ashcroft: Microsoft has finally reached a settlement United States to that county to purchase the Please allow me to cast my vote in favor with the Department of Justice in regards to excellent products that Bill Gates and of the recent settlement between the the antitrust suit, and I am writing this letter Microsoft has delivered to our good citizens. Department of Justice and Microsoft. I realize to voice my support for that settlement. The Sincerely, that this was an open case when you took litigation between the two sides lasted for Robert M. Ellis, President over the Justice Department, and for that over three years, cost both sides millions of \jak reason you were not afforded a great number dollars, and assisted in knocking our CC: Representative Ric Keller of options in dealing with it. I believe the economy down into a recession. middle ground that you have staked out with Although Microsoft did not get off all that MTC–00031872 Microsoft adequately addresses the concerns easy in the settlement, I am in favor of most January 22, 2002 of all the parties involved, and I feel you of the terms, and feel that the economy Dept. of Justice should be applauded for reaching the stands to greatly benefit from this agreement. It is ridicalous to think that Bill Gates, agreement. A compromise such as this is Microsoft has agreed to document and (Microsoft) is causing any problem. He has obviously not going to make everyone happy. disclose for use by its competitors various done more for the technology business that However, Microsoft’s agreement to open interfaces that are internal to Windows’ any other person. competition within its Windows operating operating system products. I feel that this His proposed settlement is excellent + is systems to non-Microsoft technology is a goes too far, and forces Microsoft to turn over far more than he should be required to do. significant concession and should allow their intellectual property. However, I am in Support the proposed settlement of the everyone a fresh start in the competition. I favor of the terms of the settlement that Microsoft lawsuit.
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Richard E M Kowa implemented within Windows products that will have more opportunities to pre-install 5607 E 72nd St. are used to interoperate with any Microsoft programs that aren’t made by Microsoft. Indpls; In 46250 server. Consequently, I will have more options to I cannot see what will be gained by further sell different kinds of software and more MTC–00031873 litigation, especially at the federal level, I fear effectively customize and install what my 15311 Kingswood Lane that if this debacle persists, we may run the customers want. Sherman Oaks, CA 91403 risk of slowing innovation to the point that I am in support of this settlement and hope January 23, 2002 advanced American technology may lose its that it is sustained through this review Attorney General John Ashcroft competitive advantage in the world market. process, US Department of Justice, We must protect this valuable industry that Sincerely, 950 Pennsylvania Avenue, NW creates jobs, exports, and economic revenue. Damo Porrill Washington, DC 20530–0001 In my opinion, the sooner we put this matter System Administrator Dear Mr. Ashcroft: be-hind us, the better. CC: Representative Spencer Bachus I am writing to express interest for settling Sincerley Yours MTC–00031877 the antitrust lawsuit Microsoft. I have been Earl L Phillips following the case with interest, and I believe Broker-Realtor JEFF LAMBERTI that the settlement reached in November will STATE SENATOR amicably resolve the matter for both the MTC–00031875 Thirty-third District government and Microsoft. The terms of the 179 Great Northern Road Statehouse: (515) 281–3371 settlement are fair, ard Microsoft is making North Troy, VT 05859 HOME ADDRESS important concessions in order to get on with January 22, 2002 2621 NW 17th Street their business. Sharing internal Windows Attorney General John Ashcroft Ankeny, Iowa 50021 codes with its competitors will continue to US department of Justice Phone: H–(515) 965–1067 expand the marketaplace for different 950 Pennsylvanian Avenue, NW O–(515)965–1200 programs, while maintaining Microsoft’s Washingotn, DC 20530 F–(515)–964–8796 market position for its operating system. Dear Mr. Ashcroft: [email protected] Also, developing new features for users to After a long, tedious expenditure of time The Senate remove the programs they wish levels the and money by both the Microsoft Corporation State of Iowa playing field more for competition. I urge you and the US Government, there is a settlement Seventy-ninth General Assembly to settle the case against Microsoft as quickly on the table in the antitrust suit filed by the STATEHOUSE as possible and not pursue further litigation. Department of Justice. Personally, I did not Des Moms. Iowa 50319 Sincerely think the case should have been brought to COMMITTEES Sanda Brown trial, but it was, and I am happy to see that Appropriations, Chair Judiciary, Small an agreement has been reached. In the Business, Economic Development & MTC–00031874 settlement, Microsoft will not break up. Tourism State Government, Vice Chair, Sutherland Insurance & Realty Company Microsoft is a good company. They are Ways & Means, Transportation Realtors : Insurance profitable and they bring good products to Infrastructure and Capital TELEPHONE 828/ 693–9084 the market. We are making it hard for Appropriations Subcommittee, Vice CORNER OF FOURTH AND CHURCH businesses to succeed anymore. We lament Chair 317 NORTH CHURCH STREET the loss of jobs and pour money into January 23,2002 POST OFFICE BOX 40 unemployment benefits, but deny companies Ms. Renata B. Hesse HENDERSONVTLLE NORTH CAROLINA the opportunity to succeed and provide jobs. Antitrust Division 28793 Microsoft has agreed to the terms of the U. S. Department of Justice ‘‘In the Land of the Sky’’ settlement in an effort to finally close the 601 D Street, N. W., Suite 1200 January 23, 2002 case and get it behind them. They have Washington, D. C. 20530–0001 Attorney General John Ashcroft agreed to more conditions than were charged Dear Ms. Hesse: US Department of Justice in the suit. I want to urge you to let the As Chair of the Iowa Senate 950 Pennsylvania Avenue, NW settlement stand and to close the case. We Appropriations Committee, I am required to Washington, DC 20530 should let Microsoft get on with innovation pay particular attention to current economic Dear Mr. Ashcroft: and growth. It would be wrong to take any conditions. Like many other states, Iowa is Let me begin by saying that providing a further legal action against Microsoft. struggling with a weak economy. As a result, platform for the average consumer to express Sincerely, we are facing significant budget shortfalls, opinion is a wonderful way to judge whether Patricia Ferguson and cuts in critical services. a settlement provides consumer protection. Despite these challenges, we are optimistic As an American taxpayer and Microsoft MTC–00031876 about the future. We believe that the solution supporter, I feel that this case has gone on January 18, 2002 to our budget woes is a growing economy. too long. I do not agree with every decision Attorney General Ashcroft Because of this, we are pushing an aggressive that Microsoft has ever made, but do feel that U.S. Department of Justice growth agenda this legislative session. Microsoft earned its way to the top by 950 Pennsylvania Avenue That is why I am encouraging the court to producing quality products at reasonable Washington, DC 20530 accept the strong but fair settlement you and prices. My feelings might have been different Dear Mr. Ashcroft, your colleagues have negotiated in the if Microsoft had acted maliciously, but I do As a computer and software reseller, our Microsoft antitrust case, I believe the think it is wrong to punish a corporation for company is in the ‘‘front lines’’ of dealing settlement will have a positive affect on the building the mousetrap that almost everyone with the public. This lawsuit against economy. wants, Microsoft has created much uncertainty in In fact, we saw evidence of this, as the Microsoft has agreed to grant broad new the minds of many of my customers and markets rose when the news of a possible rights, which will, in everyday language, clients, and has had a negative impact on my settlement broke some time ago. open its inventions to be used as launch pads business. I was relieved to see that the I believe this matter has gone unresolved for the competitions’ products. For instance, lawsuit has settled. for far too long. I believe a settlement will be Microsoft has agreed to grant broad new While a few of the terms of the settlement positive news for the over 600 software rights to software engineers and computer are, in my opinion, harsh for Microsoft, many businesses and related enterprises located in makers to configure Windows so as to of the terms are good for consumers, giving Iowa. promote non-Microsoft programs that them more flexibility in choosing various Sincerely, compete with programs included within options for their software needs. This is Jeff Lamberti Windows. Also, Microsoft will disclose for particularly obvious in the provision that As an attorney, I have followed this matter use by its competitors any protocols affects distribution of licenses to OEMs, who with interest, and I support the Department
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and the nine Attorneys General in a Thank you. field to better serve our patients and settlement of this matter. Sincerely, community. State Senator JL/ae Keith Fortmann The pervasive nature of technology 4815 Grand Avenue continues to astound me. . . it seems as if MTC–00031878 Des Moines, Iowa 50312 virtually everything we encounter has some Mrs. Nels Turnquist 515 255–8328 kind of microchip inside. Is it any wonder 5394 N. Via Sempreverde then, that one of the largest computer Tucson, AZ 85750 MTC–00031881 companies in the world being involved in a January 23, 2002 RPM MATERIAL HANDLING CO. major lawsuit would have an extraordinary To: US Department of Justice A California Corporation impact on virtually every segment of our Attn: Ms. Renata B. Hesse 8530 Avenida Costa Norte economy? As I understand it, there is a Fax# (202) 307–1454 or # (202) 616–4937 * San Diego, CA 92154 settlement before you that could bring Re: Proposed settlement of Microsoft lawsuit * (619) 661–1575 closure to this matter very quickly. While I I wish to inform the Department of Justice * FAX (619) 661–1574 agree it is vitally important to protect that I as a taxpayer and consumer, strongly 619 East Ross Avenue consumers, it is also important to do what is support settlement of the Microsoft lawsuit. * El Centro, CA 92243–9797 prudent to protect our economy and to Sincerely, * (760) 352–8811 continue technological innovation, research Margaret Turnquist * FAX (760) 352–3776 and investment. MTC–00031879 Renata Hesse The settlement before you addresses the Department of Justice, Antitrust Division concerns of the original complaint. All GENERATIONS L.L.C Via Fax 202–616–9937 interested parties have approved it. Please To: Ms Renata B. Hesse To whom it may concern: give the settlement your final approval and From: Alvin L. Childers I am writing this letter to express my help get the economy moving again. Fax Number: (202) 307–1454 or (202) 616– support of the settlement being examined in Sincerely, 9937 the Justice Department’s case against Terri Hasselman Date: Microsoft. Though the events of September NOTES/COMMENTS: Director of Major Gifts 11 are not the reason this settlement should I Support the Microsoft Settlement Mercy Foundation be accepted, I firmly believe September 11 8601 SE CAUSEY AVENUE, 1111 6th Avenue must play a significant role in your SUITE 7—PORTLAND, OREGON 97266 Des Moines, IA 50311 deliberation. PHONE:(503) 652–0750— The tragic events of September 11 unified MTC–00031883 FAX: (503) 652–1691 this country in a way generations before JACK E. NICKEL MTC–00031880 World War II never even saw. It helped all STEPHEN L.NICKEL IOWA STATE UNIVERSITY FOUNDATION of us realize what is important in this world (A Partnership of Professional Law Memorial Union Alumni Suite and that we are all ‘‘Americans’’. For the first Corporations) 2229 Lincoln Way time in modem American history, we saw Jack E. Nickel,APLC Ames, IA 50014–7164 principle rule over politics once again. 318 North Parkerson Telephone: 515–294–4607 Principle over politics is why I believe the Post Office Drawer 2040 Fax: 515–294–9402 or 515–294–4648 court should settle the Microsoft case. Our Crawley, La 70527–2040 Date: January 23,2002 economy is sagging...the tech industry is Telephone (337) 788–1693 January 22,2002 flat...in reality, we all know Microsoft is not Facsimile (337) 788–1698 Ms. Renata Hesse a monopoly...and the people of this country Stephen L. Nickel,APLC Department of Justice, Antitrust Division are tired of their tax dollars paying for this 521 SW Court Circle 601 D Street NW, Suite 1200 case. US v. Microsoft was the politics of Crowley, Lousiana 70526 Washington, DC 20530 special interests being put above the Telephone (337) 785–0098 Dear Ms. Hesse, principle of good policy. Facsimile (337) 785–9497 Like so many Americans, I am an investor In the post-September 11 world, we don’t [email protected] in the stock market and have been financially have a lot of room for politics any longer. US Renata Heese hurt by the downturn this past year. As an v. Microsoft is not good for this country. I Trial Attorney individual investor, I have made every effort sincerely hope you will accept the settlement Antitrust Division to do my part to prevent an even greater drop and end this case. Department of Justice in the markets by maintaining my holdings Sincerely, 601 D Street NW, Suite 1200 without over-reacting. Rick Otis Washington DC 20530 While we enjoyed a relatively minor President and CEO FAX: 202–6 16–9937 upswing recently, the markets once again www.rpmmhc.com January 23,2002 dropped following the national media Materials Handling Equipment / Sales / RE: Public Comment on U.S. v. Microsoft attention of the Enron bankruptcy. In the face Rentals / Leases / Parts / Service I am extremely displeased with our of so much negative news, it is getting more CLARK NISSAN FORKLIFT DREXEL government’s expenditure of over 30 million and more difficult for investors to Linde dollars in taxpayer funds on the Microsoft optimistically believe the markets have hit case. The settlement should be completed MTC–00031882 the bottom and are in a recovery. because consumers are protected instead of From an economic standpoint, you have January 23,2002 companies: exactly the way our federal the ability to send a message which can only Renata Hesse antitrust laws were designed to work. be construed as good by the media and the Trial Attorney Hopefully, this settlement will be approved American public. I am referring to the Antitrust Division and we can move on to other matters. Our Microsoft lawsuit. A proposed settlement in Department of Justice economy is showing signs of regaining this case is before you. Most of the parties 601 D Street NW, Suite 1200 strength. Bringing this case to an end would involved in this case are in agreement to Washington, DC 20530 assist in a needed economic recovery. Please settle this case based on the proposal Dear Ms. Hesse, approve the settlement in the interest of presented. Please take this opportunity to do As an employee for a large midwestern taxpayers and consumers. your part and sign on to the proposed hospital, I see first hand the benefits of Thank you, settlement. By putting and end to this technology everyday. Whether it is Stephen L. Nickel lawsuit, you allow the tech industry the computerized laser surgical tools or chance to move forward. You will also create sophisticated medical record software MTC–00031884 much needed optimism for a turning point in packages, my employer relies everyday on IMAGEFILM our times of economic struggles, constant innovation within the technology George Kennedy
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3469 Hyacinth, Suite B the fact that Microsoft may not retaliate Trial Attorney Baton Rouge, Louisiana 70808 against competitors is important in a case Antitrust Division January 22,2002 that has gone on for months and years Department of Justice Renata Heese producing a great deal of ill will. Another 601 D Street NW, Suite 1200 Trial Attorney positive aspect of the settlement is that Washington, DC 20530 Antitrust Division Microsoft has agreed to design future Fax: 202–616–9937 Department of Justice versions of Windows so that consumers can Re: Settlement of U.S. v. Microsoft 601 D Street NW, Suite 1200 add non-Microsoft software. These are The time has come to settle this long and Washington DC 20530 examples of why this settlement should expensive lawsuit. From what I have read in FAX: 202–6 16–9937 work. the papers, this is a fair settlement. Microsoft RE: Settlement of U.S. v. Microsoft Sincerely yours, may not like it and the government may not I fully support the proposed settlement in Cythia Faillace like it, which means it is probably a good the U.S. v. Microsoft case. The legal 6101 Inkberry Place compromise. Thirty million dollars of hard- wrangling has gone on long enough and the Glen Allen, Virginia 23059 earned taxpayer dollars have been spent and time to end the battle is now. The settlement, now we have a chance to end it. We should while not perfect, addresses the specific MTC–00031887 end it, I know I would like to see all of these concerns and findings of the court. Jan 23 02 03:28p Northwestern Mutual Agent computer companies and software Consumers will be protected through close 319–363–5517 manufactures quit bickering in court and get monitoring of all future Microsoft activities JEFFREY A. BEAN back to competing in the market. When that and business practices. January 21,2002 happens we all win. Technology companies like Microsoft, Renata Hesse Thank you. along with many other companies, provided Trial Attorney Sincerely, the biggest boost to recent economic growth. Antitrust Division, U.S. Department of Justice Morris II. Weinstein I strongly believe that the next wave of 601 D Street, NW MHW/bd technological advances could come as a Suite 1200 result of the final resolution of this case. Washington, DC 20530 MTC–00031889 Sincerely, Dear Ms. Hesse: Hal P. Kilshaw George Kennedy The United States and Microsoft have 6673 Pikes Lane MTC–00031885 agreed to a settlement proposal of the Baton Rouge, LA 70808 Microsoft anti-trust case. As you know, the January 23,2002 The Beychok Group Tunney Act allows members of the public to Via Facsimile 202–616–9937 MICHAEL comment on the proposed settlement before Renata Hesse BEYCHOK the court accepts it. I am most appreciative Antitrust Division POLITICAL COMMUNICATIONS of this opportunity. United States Department of Justice DIRECT MAIL 225.819.1712 I am financial representative with one of 601 D Street, NW FAX 225.819.8914 the nation’s leading investment and Suite 1200 15324 Lockett Lane insurance companies and keep constant Washington, DC 20530–0001 Baton Rouge, LA 70810 watch on events which have potential to RE: Microsoft Settlement January 22, 2002 impact our financial climate. I have watched Dear Ms. Hesse, Renata Heese the Microsoft case with great interest and was I am writing in support of the revised Trial Attorney pleased to learn a settlement was on the proposed Final Judgment in United States v. Antitrust Division horizon. Microsoft Corp. Department of Justice The last several years provided Americans I have always been a strong supporter of 601 D Street NW, Suite 1200 with a time of unprecedented economic the Justice Department’s use of its antitrust Washington DC 20530 growth. While there is not one single reason powers to regulate anticompetitive behavior FAX: 202–6 16–9937 for this growth, the substantial growth of the in the marketplace. Your use of that power RE: Settlement of U.S. v. Microsoft technology industry was a contributing has led to a proposed settlement in the I am in full support of the settlement factor. Unfortunately, these years of growth Microsoft case that is fair to all parties. It is proposed in the U.S. v. Microsoft case. I have been followed by a significant now time for this issue to be resolved so that believe that the time has come for this legal downturn. Again, we cannot fault one single the technology industry can become an even battle to come to an end. thing or event for this decline; however, the more vibrant force for economic growth in The settlement may not be perfect, but it Microsoft anti-trust case has been a our country. does address the findings and concerns of the contributing factor. Thank you for the opportunity to express court. It also has mechanisms to protect We are now looking forward to an my views on this issue, consumers through close monitoring of all economic recovery that will hopefully bring Hal P. Kilshaw about several more years of prosperity and future Microsoft activities and business MTC–00031890 practices. growth. It is essential that we give the Microsoft and other technology companies markets and the economy every advantage. January 23,2002 provided the biggest boost to recent Settling the Microsoft case is a positive Dominion economic growth. I think that the next wave action that will undoubtedly be felt in the Dominion Resources, Services, Inc. of technological advances could come as a markets. I look forward to seeing this case be East Case Street result of finishing this case. brought to its conclusion. Richmond VA 23219 Sincerely, Sincerely, Mailing Address Michael Beychok Jeffrey A. Bean P O Box 26666 120—23RD STREET DRIVE SE Richmond, VA 23264 MTC–00031886 CEDAR RAPIDS, IOWA 52403 Ms. Renata Hesse January 23,2002 319–862–0007 Trial Attorney Ms. Renata Hesse Antitrust Division Trial Attorney MTC–00031888 Department of Justice Antitrust Division MORRIS H. WEINSTEIN 601 D Street NW, Suite 1200 Department of Justice P.O. BOX 1120 Washington, DC 20530 601 D Street NW, Suite 1200 15548 Hwy 190 Dear Ms. Hesse: Washington D. C. 20530 OPELOUSAS, LA 70570 Regarding the proposed Microsoft Dear Ms. Hesse: (337) 948–3939 settlement I offer the following comments. I am in favor of the settlement in the case January 23,2002 Compliance with the terms of the against Microsoft Corporation. I believe that Renata Heese agreement is crucial. But I believe that the
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compliance committee set up in the consumers in Virginia as well as other states. we have seen new frontiers develop in the agreement is a good solution. First, they are Microsoft is a proven leader in the technology marketplace, including new technically qualified to make judgements. technology field and has produced many operating systems and the ever-evolving Second, complaints need not be brought to superior products. introductions of Windows 98, Windows this committee’s attention. They can also be This settlement is a fair and reasonable 2000, and Windows XP operating systems. lodged with the Department of Justice or any compromise. The dispute between Microsoft Those intent on the demise of Microsoft of the states that agreed to this settlement. and the federal government needs to be have proposed penalties be imposed by the Thank you for the opportunity to comment. concluded as quickly as possible and come Court upon Microsoft that range well into the Sincerely yours, to an end with an amicable decision. absurd. Some, like the break-up proposal, Crystal H. Smith We need to encourage economic growth were thrown out. Meanwhile continued and stability, and this settlement is a litigation against the software maker in both MTC–00031891 valuable tool in achieving this. I would the U.S. and in Europe, lingers and consumes Jayne Victor encourage the Court to approve the proposed societal wealth. But most significant at this 2351 South Rolfe Street settlement between Microsoft and the United time is the settlement agreement between the Arlington, VA 22202 States federal government. I appreciate the federal government and Microsoft that Ms. Renata Hesse time taken to consider my views on this remains to be approved by the Court. Antitrust Division issue. Embarrassing hyperbole by Microsoft’s Department of Justice Sincerely, competitors has plagued this case and public 601 D Street NW, Suite 1200 Delegate Tom Bolvin discussion of it, seeking mainly to serve the Washington, DC 20530 District (703) 719–7301 self interests of those competitors, and not I am told that comments on the Microsoft FAX: (703) 971–4502 or consumers. As the case has ground on, prices settlement may be directed to you. I am not RICHMOND: (804) 698–1043 have fallen, choices have expanded, and a computer expert, but the settlement appears EMAIL: [email protected] consumers have become better and better off. most acceptable because Microsoft has made WEBSITE: WWW.TOMBOLVIN.COM A defining characteristic of the ‘‘New several significant concessions including the Economy’’ is that nearly anyone can enter. following. o Microsoft has agreed to design MTC–00031893 The financial barriers to entry are low and future versions of Windows to provide a LOS ALAMITOS AREA CHAMBER OF the main costs of entry now are inspiration, mechanism to make it easy for computer COMMERCE innovation, and hard work. Microsoft makers, consumers and software developers January 23, 2002 competes daily, with varying degrees of to promote non-Microsoft software within Ms. Renata Hesse success, with brick-and-mortar companies as Windows. The mechanism will make it easy Antitrust Division well as thousands of web-based businesses to add or remove access to features built in Department of Justice and online services. to Windows or to non-Microsoft software. 601 D Street, NW The stated goal of federal anti-trust Consumers will have the freedom to choose Suite 1200 legislation is protecting consumers from to change their configuration at any time. o Washington, DC 20330 harm. However, in this case, anti-trust action Microsoft has agreed not to retaliate against Dear Ms. Hesse: is not needed to maintain competition. The software or hardware developers who I am writing on behalf of the Los Alamitos government has not outlawed any of develop or promote software that competes Area Chamber of Commerce to support the Microsoft’s many unsuccessful ventures; with Windows or that runs on software that proposed settlement agreement that has been rather this case sought to moderate those competes with Windows. reached between Microsoft and the successes Microsoft has achieved only These show good faith on the part of Department of Justice. While we believe that through much trial and error. Greater Microsoft in wishing to end this litigation. many of the charges raised by the Department government intervention in the New Sincerely, of Justice in the lawsuit could be true, it is Economy is not merited; a free and Jayne Victor time to shift our focus and our limited competitive marketplace is due consumers, resources to other priorities. The proposed We are including with this transmission a MTC–00031892 settlement contains something in it for all of copy of our recent magazine cover article, TOM BOLVIN the parties involved in the lawsuit while ‘‘Antitrust’s Greatest Hits,’’ authored by 8422 GROVEDALE DRIVE, SUITE 202 maintaining its overall balance. It is a fair David B. Kopel and Joseph Bast and ALEXANDRIA, VIRGINIA 22310 compromise that put into place guidelines for published in FORTY-THIRD DISTRlCT Microsoft’s future activities while imposing 3415 S. Sepulveda Blvd., Suite 400, COMMONWEALTH OF VIRGINIA penalties for its past actions. Most Los Angeles, CA 90034–6064 HOUSE OF DELEGATES importantly, it allows the freedom for (310) 391–2245 RICHMOND Microsoft to continue to innovate and Fax: (310) 391–4395 COMMITTEE ASSIGNMENTS: develop new products and applications. www.rppi.org EDUCATION Please support the proposed settlement. It Reason’s November 2001 issue. It discusses GENERAL LAWS is time to put this issue to rest. the Microsoft anti-trust case in greater detail TRANSPORTATION Sincerely, as well as in the context of historical anti- MINING AND MINERAL RESOURCES Connie Pedenko trust actions against Standard Oil and AT&T. January 23,2002 Chief Executive Officer We urge the Court to approve the proposed Renata Hesse 3231 Katella Avenue o Los Alamitos, settlement agreement between nine states, Trial Attorney California 90720 o 562/5986659 o Fax 562/ the Department of Justice and Microsoft. Antitrust Division 598–7035 Best regards, U.S. Department of Justice Adrian T. Moore 601 D Street, NW, Suite 1200 MTC–00031894 Vice President for Research, Reason Washington, DC 20530 January 23,.2002 Foundation Dear Ms. Hesse: Renata Hesse Executive Director, Reason Public Policy I am in agreement with the proposed Antitrust Division Institute settlement between the United States federal Department of Justice Attachment: Reason article on anti-trust. government and the Microsoft Corporation. I 601 D Street NW, Ste. 1200 Antitrust’s Greatest Hits would like to encourage you to approve this Washington, DC 20530 The foolish precedents behind the settlement agreement and resist further Dear Ms. Hesse: Microsoft case By David B. Kopel and Joseph efforts to continue this dispute. We are writing in response to the court’s Bast This proposed settlement agreement is the request for public comments in the United New developments in the antitrust face-off correct step in promoting continued States v. Microsoft case. It has been six years between Microsoft and the U.S. Department economic growth in a competitive since the federal anti-trust lawsuit was of Justice keep on coming. On August 17, Bill marketplace and would greatly benefit the opened against Microsoft, and over that time Gates’’ company failed in its efforts to delay
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any more action in the case until the Su- (called ‘‘rebates’’). which the railroads kept practices made kerosene prices higher than preme Court decides whether to consider secret from other oil companies. they otherwise would have been. If Microsoft Microsoft’s request to dismiss the suit. That Also like Microsoft, Standard Oil may have Windows actually were a monopoly (that is, was bad news for the company, since the harmed its competitors, but it helped its essential for anyone who wants to use a next major step would be to decide what consumers. Rockefeller’s chem- ists computer), the proper price would be about ‘‘remedies’’ will be imposed. Then, on developed 300 different byproducts from oil $900 a copy. Microsoft doesn’t price this high September 6, the DOJ announced that it and created production and distribution because it knows that if it does, consumers would no longer seek a breakup of the processes far more efficient than those of will flock to Linux and Macintosh, and other company—and, more surprisingly, that it other companies, allowing it to underprice companies would enter the operating system would drop its claim that Microsoft had them and to buy many of them out. business, with products much cheaper than illegally ‘‘bundled’’ separate programs. But Standard Oil began in 1870, when kerosene $900. the other charges remain, and it is clear that cost 30 cents a gallon. By 1897, Rockefeller’s There’s one more important parallel Microsoft’s enemies will surely urge the scientists and managers had driven the price between the Standard Oil and Microsoft court to impose every possible restriction on to under 6 cents per gallon, and many of his cases: Technological change made the Stan- the company’s ability to adapt to changing less-efficient competitors were out of dard Oil decision obsolete by the time it was conditions-particularly the di- minishing business-including companies whose inferior resolved. Of course, the Microsoft case hasn’t importance of the personal computer and the grades of kerosene were prone to explosion resolved itself yet, but as we’ll see, changing growth of Web-based computing. and whose dangerous wares had depressed technologies are changing market conditions It has been six years since Microsoft the demand for the product. Standard Oil did in the software world as well. introduced Windows 95, the operating the same for pe- troleum: In a single decade, The oil business was opening fields in system that, by ‘‘bundling’’ itself with a Web from 1880 to 1890, Rockefeller’s states such as Kan- sas, Oklahoma, Louisiana, browser, prompted the government’s first consolidations helped drive petroleum prices California and especially Texas, where antitrust suit against the company in 1997. down 61 per- cent while increasing output Rockefeller had failed to invest. All those Put another way, six years have gone by 393 percent. He eventually built fields were far away from the Ohio/ without Microsoft suffering any penalty for Standard Oil of New Jersey into a trust Pennsylvania/New Jersey corridor that was its supposed misconduct-unless, of course, composed of 18 com- panies operating under the base of Standard Oil’s power. Also, the you count the expenses and negative a single board of directors. Standard Oil used national kero- sene market had declined, as publicity it has incurred fighting the Justice resources with legendary efficiency, in- home lighting shifted from kerosene lamps to Depart- ment. When Windows 95 debuted, troducing many new labor-saving devices to coal-generated electricity and as fuel oil Microsoft’s critics and competitors made its factories and locating sophisticated replaced coal and wood as the major fuel for many predictions of the unpleasant things facilities at key points in its distribu- tion home heating. In 1899, kerosene had that would happen if the company kept system. Yet Rockefeller paid wages well accounted for 58 percent of all refined doing business with- out new restraints. It’s above the market level, believing that high petroleum sales, and fuel oil for 15 percent. past time to see whether those predic- tions wages, and good working conditions would By 1914, kero- sene had plunged to 25 have come true. save money in the long run by averting percent, and fuel oil had risen to 48 percent. It is also past time to take an even longer strikes and by encouraging loyalty among Rockefeller was slow to switch from historical perspec- tive: to look at the employees. Before Standard Oil kerosene to gasoline, and with only 11 government’s earlier adventures in anti- trust revolutionized oil derivatives by lowering percent of the nation’s oil production in and see how they compare with the Microsoft prices and improv- ing quality, the high 1911, Standard Oil could never hope to case. The results are very telling—not just prices and limited supplies of whale oil and dominate the new market. Throughout the with regard to Microsoft, but to antitrust law candles prevented all but the wealthy from energy business, new technologies and new in general. Indeed, when one looks closely at being able to work or entertain after dark. efficiencies were creating new and stronger the ground-breaking government actions Thanks to Standard Oil, fami- lies could competi- tors from industries previously taken against Stan- dard Oil, the Aluminum illuminate their homes for just one cent per distinct from the oil indus- try Those Company of America, and AT&T, it becomes hour. And he saved the whales. competitors were far more powerful than the clear that something other than preventing The federal government filed suit against kero- sene companies Rockefeller had harm to consumers-the stated goal of federal Standard Oil in 1906 for violating the defeated decades before. Some observers antitrust legislation- is the motivating force Sherman Antitrust Act, and in 1909, the have noted that in the years after Standard behind applying the law. Misinterpre- tation company was found guilty; the Supreme Oil was broken into smaller regional of these cases lies behind the claim that Court affirmed the finding in 1911. Standard companies, the stock prices of those smaller Microsoft, unless punished, crippled, or Oil, claimed the courts, evinced an ‘‘intent companies rose, leading to speculation that otherwise injured, will achieve a ‘‘chokehold and purpose to exclude others’’ breaking up Microsoft might have a similar on the Internet’’ or somehow undermine the -demonstrated, ironi- cally, by its many positive effect on the total value of Microsoft entire computer industry. mergers, acquisitions, and business alliances. stock. This is a misreading. Nearly all oil What follows is a medley of what might be No one brought forward evidence of companies’’ stock went up in that period, not called antitrust’s greatest hits and an analysis consumer harm, and the Misinterpretation of because of the breakup but because of rising of how the lessons of history are being former antitrust cases lies behind the claim demand and technological breakthroughs. misapplied to the Microsoft case. that Microsoft, unless punished, crippled, or Nor did the breakup have any discernible The Oil Standard otherwise injured, will achieve a ‘‘chokehold impact on oil production or oil prices. From 1906 to 1911, antitrust authorities on the Internet.’’ government never showed The government’s victory against Standard prosecuted Standard Oil, a case that that Standard’s specific actions, as opposed Oil had a long term effect on the oil industry culminated with John D. Rockefeller’s com- to its alleged intent, were illegal. that is seldom discussed by those who see pany being forcibly broken up into several For several decades following the verdict, parallels with the Microsoft case. Only six smaller businesses. The Microsoft wars have economists and legal scholars viewed the years after losing the antitrust case. Standard often been compared to the Stan- dard Oil Standard Oil case as a classic example of Oil dramatically changed its attitude toward case, and the analogy is apt-though not in the ‘‘predatory pricing ‘‘-a monopolist’s attempt Washington, moving from hos- tility or way it is usually intended. to underprice its competitors out of the avoidance to a very warm embrace. Company Like Microsoft, Standard Oil was pilloried market so it could raise its prices later. In chief A.C. Bedford served as chairman of the for practices considerad legitimate when fact, just as the threat of new entry into the War Services Com- mittee, an agency created used by other companies. Since Standard Oil operat- ing system, browser, and applications to mobilize the nation’s supplies of gasoline was such a high-volume customer, railroads markets has kept Micro- soft from ever and diesel fuel for military use during World gave it special discounts in exchange for exercising its supposed ‘‘monopoly power,’’ War I. After the war, federal control never planning shipments in ways that enabled so did new sources competition keep retreated, transforming what economist railroads to use their lines and railcars most Standard Oil from rais- ing its prices. Neither Dominick Armentano has called ‘‘a virtual efficiently. Standard Oil’s competitors the federal district court nor the U.S. textbook example of a free and competitive complained bitterly about these discounts Supreme Court found that Standard Oil’s market’’ into ‘‘what had previously been
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unobtainable: a governmentally sanctioned practices of companies that held domi- nant similar protections from its competitors, nor cartel in oil.’’ The legacies of this market shares due simply to the absence of is it today similarly protected. transformation include higher prices for competi- tors. Another difference: The AT&T divestiture consumers and the ‘‘energy crisis’’ of the The appeals court agreed with Judge Caffey undid acquisi- tions from decades before, in 1970s. Deregulation in the 1980s finally that the gov- ernment had failed to show that which AT&T had swallowed local phone restored some measure of competition to the Alcoa engaged in anti-com- petitive behavior operating companies. Microsoft, by contrast, industry. or charged higher prices than it should. But has ex- panded primarily through internal The Standard Oil case teaches some Judge Learned Hand, writing for the majority growth. Because AT&T had capital and important lessons about competition, of the federal Court of Appeals, held that employees dispersed all over the United innovation, and antitrust law. We see the Alcoa’s de facto monopoly was itself a States to serve its customers, it could difficulty antitrust has dealing with highly violation of antitrust law. Alcoa, he wrote, therefore divest itself relatively easily of the innovative com- panies. We witness the ‘‘insists that it never excluded competitors; local telephone companies. These were then vagueness of antitrust law, which al- lows but we can think of no more effective or- ganized into seven ‘‘Baby Bells’’ to prosecution on the basis of alleged intent exclusion than progressively to embrace each provide regional phone ser- vice. Microsoft, rather than specific actions. And we see how new opportunity as it opened, and to face with its capital far more centralized and with the Standard Oil case ulti- mately failed to every newcomer with new capacity already much less need to have people ‘‘on the benefit consumers or investors. Instead, it geared into a great organization, hav- ing the ground’’ in geographi- cally defined areas laid the groundwork for collusion between advantage of experience, trade connection (except for sales), would be far more ad- industry and govern- ment, bringing about and the elite of personnel.’’ versely affected by such a legal order. many of the very ills the ‘‘progressive’’ One is reminded of those police officers The settlement that led to the AT&T proponents of antitrust said they were who sometimes pull over drivers late at night breakup also liberated the company from a fighting. for moving at exactly the speed limit and 1956 antitrust consent decree that pre- More Too Good to Be Allowed staying in the middle of their lanes, on the than half a decade after the first loud In 1937, the U.S. government filed suit grounds that this kind of careful conduct may warnings about the awful world to come if against the Aluminum Company of America, be evidence of over- compensation by a Microsoft isn’t stopped, the company’s critics alleging over 100 violations of antitrust law. drunken driver. have been proven wrong at almost every turn. The government lost the case and appealed. Having found no evidence of specific vented it from entering and competing in The matter was finally decided eight years actions that were il- legal, the court could non-regulated businesses, such as data later, in 1945. This case is re- markable hardly remedy the situation by restricting processing. In exchange, AT&T vol- untarily because it held that a company could be Alcoa’s ongoing business practices. Nor, acceded to divestiture. Thus, the AT&T prosecuted under antitrust laws for being too since the judges recognized the firm’s breakup was a consensual step toward efficient and responding too quickly to outstanding efficiency and service to deregulating a part of the economy that had consumer demand. consumers, did it seem right to break up the long been regulated under the public utility The Aluminum Company of America (later company. In- stead, the court settled for model. A Microsoft breakup, by contrast, Alcoa) grew out of the Pittsburgh Reduction prohibiting the company from bidding for would represent a major increase in the Co., founded in 1887 by Charles Hall, the government aluminum plants which had government’s intervention in this part of the man who discovered and patented the tech- been built to meet World War II military economy. nology for producing commercial quantities needs, and which were being sold off. Those At any rate, the AT&T breakup has been far of aluminum. At the time, aluminum ingots assets were subsequently sold to Rey- nolds from a com- plete Success. One part of the sold for $5 a pound. By the time of the Metal and Kaiser Aluminum. agreement created a competi- tor in the long- antitrust suit, the price was down to 22 cents In 1948, Alcoa and the federal government distance market, free to introduce new tech- per pound. Alcoa dominated its industry asked the fed- eral District Court for New nologies. This seems to have been relatively from the start. It not only invented nearly all York to reconsider the 1945 de- cision. Alcoa successful, with AT&T moving into cable, the tools and techniques required to lower sought to be relieved of the scarlet M-for-mo- wireless, and other data transmis- sion arenas production costs and raise the quality of the nopoly that effectively criminalized its and competing with a variety of businesses aluminum it produced, but also played a common business practices: the government, around the globe. (Of course, AT&T doesn’t major role in creating markets for the new on the other hand, wanted to force Alcoa to always compete success- fully, as metal. While many companies entered the divest some of its holdings. The district demonstrated by its huge stake in the busi- ness of fabricating products out of court, un- der the direction of a different floundering cable-modem system aluminum and collecting and recycling used judge than in 1937. once again found the Excite@Home, which has been teetering on aluminum, none attempted to compete with government’s case without merit, and this the verge of bankruptcy for most of this year.) Alcoa by producing virgin aluminum ingots. time ruled that Alcoa was not a monopolist. Much of the old AT&T was left behind as This was not because Alcoa restricted access A Real Monopolist the local Bell companies, which were to inputs such as electricity or aluminum Besides Standard Oil, the case most touted forbidden to manufacture telephone bauxite, both of which the courts ruled were by advocates of the Microsoft prosecution is equipment or design new telephone available to potential competitors in ample the 1982 breakup of AT&T, which was products. The theory was that keeping these supply. Nor, by the time of the suit, did overseen by federal judge Harold Greene. But Baby Bells from equipment manufacture and Alcoa deny others access to the manu- while both cases involve information design would prevent them from using their facturing techniques it had patented: Those technology, there are important dif- ferences. profits from local telephone service to patents had ex- pired in 1910. Alcoa was AT&T was indisputably a monopoly. From subsidize new businesses. Instead, the dominant because, as Armentano the beginning, the company lobbied for, and arrangement created local phone monopolies summarizes the situation, ‘‘users of ingot or won, government protection against that have been slow to innovate or to let sheet, and ultimately the consumers of competition. It maintained its market share competitors into their captive markets. fabricated products made from aluminum by thanks partly to an array of legal prohibitions Lucent, the technology company formed out Alcoa, were being served at degrees of excel- on other companies entering any part of the of the breakup, is itself mired in financial lence, prices, and profit rates that no one telephone services market, be it lo- cal or and legal troubles. Judge Greene’s could equal or exceed.’’ long-distance service—or even selling supervision of the telephone companies The lower court found Alcoa innocent of telephones and other equipment that could continued from 1982 until 1996, when an all counts of anti- competitive behavior, even be attached to a phone line. The company’s exasperated Con- gress finally dissolved the while acknowledging that it con- trolled 90 first president stated its strategy succinctly: consent decree. In the intervening period, percent of the market for virgin aluminum ‘‘If there is to be state control and regulation, hundreds of applications for waivers-usually ingot. (The other 10 percent was imports.) there should also be state protection to a by local Bell companies wanting to sell or District Court Judge Francis G. Caffey corporation striving to serve the whole com- license a new technology- sat on Judge reasoned that the Sherman Act forbade munity...from aggressive competition which Greene’s docket for an average of four years. activity aimed at monopolizing markets, but covers only that part which is profitable.’’ Antitrust is sometimes said to be superior to did not outlaw the common business Obviously, Microsoft has not called for formal regu- lation, in that antitrust does not
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require continuing govern- ment oversight of Ohio Attorney General Betty Montgomery online services and Internet service providers the company business. But the AT&T case warned that unless Microsoft was stopped, it followed suit. The same story of falling prices demonstrates that enforcement of antitrust would turn the ‘‘information superhighway’’ and rising usage has been repeated in laws can gener- ate as much or more into a ‘‘toll road.’’ In 1997, the misnamed virtually every area where Microsoft’s entry intervention. Like the Standard Oil case, the Council for a Competitive Electronic was predicted to reduce competition and AT&T case reveals a pattern of government Marketplace warned that with Windows, harm consumers. After a brisk start. control ex- panding over time, first to manage Microsoft would be able to capture customers Microsoft sold its much-touted Side- walk prices and avoid ‘‘un- healthy’’ competition. for online services for products such as sites, which operated as local entertainment then approving and disapproving of mergers insurance, banking, real estate, and local guides. Its real estate site, HomeAdvisor.com, and acquisitions, and ultimately ruling on entertainment. A year later, an advocacy trails Homestore.com and is being forced, whether to allow innovations in products group called ProComp (which had been like many other e-commerce sites, to recon- and services. created to promote restrictions on Microsoft figure its business strategy. The Microsoft The Microsoft Panic and is funded by Microsoft’s busi- ness Expedia travel site was spun off into anothe And Microsoft? If the assault on this rivals) warned of ‘‘the very real potential that company, and is now owned by USA company is to do more good than the partly Microsoft will become virtually the sole Networks, not Microsoft, Microsoft’s successful breakup of AT&T-let alone the gateway to the digital market- place.’’ automobile Web site is doing pretty well, but utterly unjustified wars on Standard Oil and Similar warnings were made when hardly has chokehold on its market. But the Alcoa-then one would at the very least expect Windows 98 made its debut with Channels fact that Microsoft neither dominates nor the suit’s rationale to survive the passing of (a soon-to-fail version of a ‘‘favorite links’’ even still attempts Chicken Littles from time. But it hasn’t. More than half a decade list). As late as April 2000, after AOL warning that Microsoft’s new XP operating after the first loud warnings about the awful announced it would choose Netscape as the system-scheduled for release in late October- world to come if Microsoft isn’t stopped, the AOL browser, the Department of Jus- tice was will take over digital commerce. company’s critics have been proven wrong at warning that Microsoft might ‘‘add Why No Monopoly? almost every turn. proprietary fea- tures to its Internet Explorer One easy conclusion is that Microsoft’s In the year before the introduction of browser to tighten its control of the main on- ownership of Win- dows and Internet Windows 95, Micro- soft announced it would ramp to the Internet for millions of Explorer is not enough to give it control of start its own online service, to be called consumers.’’ The government did not abolish online commerce. Microsoft competes with Microsoft Network (MSN). An icon for MSN MSN, nor did it suppress Channels, nor did traditional brick-and-mortar companies as would appear on the screen of every it outlaw ‘‘bundling.’’ While the pressure of well as Web sites, with other portals and computer that shipped with Windows as an the antitrust case may have forced Microsoft online services that have millions of users, operating system; this was expected to be a to stop en- forcing some terms in contracts and with companies specializing in e- huge advantage for gaining customers. At the with some of its business partners, and may commerce. Even though Microsoft supplies time, Microsoft had a market share of exactly have distracted the company’s leaders from the starting point for much Web surfing, the zero in the online services busi- ness. AOL producing new and better products, those rest of the Net is just a click away. promptly ran to the federal government to setbacks were surely minor in light of More fundamentally, the idea that a Web com- plain that Microsoft’s plan was ‘‘anti- Microsoft’s supposedly immense market browser could be used to control Internet competitive.’’ Technol- ogy journalist Steven Levy wrote an article in Newsweek warn- ing power. Microsoft’s sinister power has had content was hardly believable in the first that because of MSN, ‘‘One day, dollar bills years to grow since the DOJ filed its suit. So place. One might as well believe that Sony may be re- placed with Bill Dollars, and a what happened? would be able to control television piece of every online transaction could go Windows 95 made its debut with the MSN programming if it sold 40 percent- or even 95 through Microsoft’s bulging coffers.’’ icon intact, and MSN went on to become the percent—of new television sets in the United In Upside magazine, Gary Reback, Brian most expensive failure in Micro- soft’s States. A browser, like a television, is just a Arthur, and other devoted Microsoft critics history. The network’s content was weak, the tool for reaching content. A television or a wrote, ‘‘It is difficult to imagine that in an interface was horrible, and the installation browser that interferes with access to con- open society such as this one with multiple routine was lengthy and error-prone. tent is, by definition, an inferior product. It information sources, a single company could Meanwhile, AOL made its interface better is not going to have a viable economic future, seize sufficient control of in- formation and better, and marketed itself incessantly much less become a market leader. transmission so as to constitute a threat to the through free sign-up disks and by paying In 1997, Microsoft executive Nathan underpinnings of free society. But such a computer manufacturers to include an AOL Myhrvold said the company wanted to get a scenario is a real- istic (and perhaps icon on the Windows desktop screen. ‘‘vig’’ (a bookie’s share) of every Internet probable) outcome.’’ Business Week wor- Microsoft Network no longer exists as an transaction that used Microsoft software. But ried that Microsoft might ‘‘leverage’’ its online service. It has been replaced with a this was unrealistic. The Internet vig was operating system dominance to ‘‘corner’’ free Web portal, similar to the Ya- hoo! or possible only in theory, not in the real world. markets such as ‘‘networking, home software, Excite portals. Microsoft’s Internet service Stanford economist Robert Hall offers the and online services. In short, it might largely provider currently serves about 5 million following scenario for what would happen if take control of the information customers. AOL has 35 mil- lion. Microsoft made the attempt: ‘‘Yahoo! will superhighway.’’ The fuss over Microsoft Network shows ally with a manufacturer of cheap small Later, a group of Microsoft’s competitors- that antitrust ac- tion was not needed to computers and a national Internet service Netscape, Oracle, Sun, and MCI-urged maintain competition, even though MSN was provider to produce an entire system that is government action so that Microsoft would on every desktop of every Windows 95 Yahoo!-branded, defaults to the Yahoo! not ‘‘gain control of the Internet,’’ arguing computer. MSN was an inferior product, so portal, but also provides access to the entire that suppressing Microsoft would ‘‘ensure it failed. The same events illustrate the power Internet with an open standard browser such the accessibility and affordability of of technological change to eliminate in- as Netscape or Opera. The hardware would information technology and the Internet.’’ cipient monopolies. The growth of the be cheap enough to be given A close look at Netscape’s Jim Clark offered a similar Internet made online services much less antitrust’s greatest hits-the cases of Standard warning regarding Microsoft’s Web browser, important than they used to be. Oil, Alcoa, and even AT&T-reveals a pattern Internet Explorer: ‘‘If Microsoft owns the Despite MSN’s failure, however, allowing of arbitrary rulings, disregard for consumers, browser as well as the operating system, Microsoft to compete in the market for online and political interference with the there will be no Yahoo!, no Infoseek, no services produced enormous benefits for administration of justice. Excite, just Bill standing at the gate, pointing consumers. When MSN was introduced, AOL away, like cellular phones or cable boxes, out where he wants go. Microsoft will be the was charging $54.20 for 20 hours of use a and all of the profit will be made advertising, one and only ‘‘portal’.’’ Sun’s Scott McNealy month. MSN was priced at $19.95 for that monthly fees, and transaction fees.’’ fretted: ‘‘How are you going to compete if same amount of time. Thanks in part to the Bill Gates had hoped his company could at Microsoft won’t put you on the Microsoft competition created by MSN, AOL eventually least make money from banks which used Shopping Center- which will be the opening dropped its price to between $19.95 and Microsoft software for online banking. That screen of everyone’s computer?’’ $24.95 for unlimited use, and most other too failed, as banks ditched Microsoft
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network- ing software, and instead offered automobiles. Nobody would believe today 415.637.5013 banking services via the World Wide Web. that if General Motors opened its own chain [email protected] What about Web servers the computers that of filling stations. GM would take over all January 23, 2002 serve up the Internet’s content to Web American transportation. But on the Internet, Ms. Renata Hesse surfers? Could a company le- verage a huge folks who can’t tell the male end of a dongle Trial Attorney, Antitrust Division marked share for its browsers into control of from a TCP stack are often suckers for silly Department of Justice the market for servers? As it happens, one claims about chokeholds. 601 D street, NW, Suite 1200 business tried to do precisely this. The Merely asserting that a company is a Washington, DC 20530 company was Netscape, during its period of ‘‘monopolist’’ has al- lowed many of Dear Ms. Hesse: early dominance on the Web. But Netscape Microsoft’s competitors to get a free ride from Too many times, our nation has chosen to offered mis- erable support for developers reporters and policymakers who ought to miss opportunities to move forward. Today, and priced its product extremely high-thus know better. For example, Jim Barksdale, many business leaders and state attorneys creating an opportunity for Micosoft and then CEO of Netscape, said this to Congress general want to put the Microsoft litigation other competitors. Today, the leading Web in 1998: ‘‘I was struck by the fact, in the behind us and target our financial resources server software is Apache, a Unix-based response of Mr. Gates to the question about elsewhere. Please count me among those program, which is free, and which is on 63 whether or not he was a monopoly, he talked urging you to settle the Microsoft lawsuit. percent of servers. Microsoft’s MS is second, about how short-lived the products were, and I am ununemployed dot-commer whose with 20 percent. Netscape’s Enterprise has 7 we all understand that. That doesn’t negate company was the recipient of Microsoft percent. whether or not it’s monopoly though. Even venture capital funds. They believed in our Even if Microsoft achieves a high share in if it went away six months from now, it is efforts to bring voicemail to the Internet. the server op- erating system market, it is monopoly today. ‘‘The hypocrisy of Barks- However, when faced with the choice of likely to have little market power, because dale’s claim is astonishing-since Netscape’s making a further investment that might bring barriers to entry are low. Server software, browser at its height held a larger market on anti-trust backlash as they moved into the including the operating system, carries out a share than Microsoft ever had for Web telecomm world, they chose to pass on the limited range of functions. The software browsers or for operating systems. investment and our company falled. provides only the simplest user interface, The scaremongers appear not to have Microsoft will be forced to make some which is the source of much of the suffered any loss in credibility, Steven Levy, painful sacrifices by this settlement. They complexity in full operating sys- tems. the writer who warned that we’d all be using must open their code to their competitors And what if Microsoft were the only ‘‘Bill Dollars’’ by now because of the and even agree to an oversight board on their browser company in the world? Could it then Microsoft Net- work, is still sharing his actions. While these may be painful steps, I introduce a browser with Microsoft- only expertise with Newsweek’s readers. In June believe they will bring certainty to the features and force the rest of the world to buy 2000 he penned a cover story advising Bill marketplace and allow Microsoft, and other Microsoft server software, by making IF Gates to ca- pitulate to most of the technology investors, to make decisions incompatible with every other company’s government’s demands. Similarly, Sun’s based on facts, not fear. Web server? An allegation to this effect was Chairman Scott McNealy applauded Judge made in the spring of 2000 by the Thomas Penfield Jackson’s Microsoft breakup MTC–00031896 Department of Justice, although the court order as a tool to ‘‘protect Inter- net January 23, 2002 never heard evidence on the subject. technologies from becoming the proprietary Ms. Renata Hesse According to the allegation, Internet Explorer presence of any one company.’’ Trial Attorney, Antitrust Division included proprietary exten- sions of A close look at antitrust’s greatest hits -the Department of Justice Kereboras (a security program that prevents cases of Stan- dard Oil, Alcoa, and even 601 D Street, NW, Suite 1200 hack- ers from entering a Web site) that work AT&T —reveals a pattern of arbitrary rulings, Washington, DC 20530 best with the Micro- soft Web server. disregard for consumers, and political I am the President of a talent, movie and The first practical obstacle to such a interference with the administration of television development corporation that strategy is that the users of Internet Explorer justice. The much shorter history of the specializes in telling up-lifting and positive would be cut off from any Web site that did Microsoft case has exposed the same stories. I believe that this is how I can best not fall in line with Microsoft’s program. injustices, along with the series of compete in the marketplace of ideas here in This would be major competitive defect, to embarrassing exaggerations and falsehoods Hollywood. say the least. Older versions of Internet espoused by Microsoft’s critics. Where are Competition is just as important in the Explorer and any remaining copies of other Microsoft Network, Channels, and Sidewalk world of technology. I have worked on many browers on the market would still be able to today? All have disappeared, become celebrity promotions with dot-coms, some of gain access to those sites. An immediate irrelevant, or been radically transformed by whom who are no longer with us. I know the market would emerge for new browser able competition and changing technology. The importance of competition in the to reach Web sites that did not adopt internet remains free and decen- tralized, and marketplace, and I believe fair and open Microsoft’s server software. Major Web sites, for good reasons Microsoft cannot ‘‘leverage’’ competition in the marketplace of ideas is particulary portals, would give away such its dominance in a few markets into control what is needed to bring our economy back browsers to ensure their sites could be over Internet ac- cess or content. To claim into shape. That’s why I’m writing to urge reached AOL as owner of Netscape, would be otherwise might sell newsmagazines or you to support the Microsoft Settlement. The in particulary good position if Microsoft flummox congressman—but it is hardly settlement will eliminate Microsoft’s practice altered Inter- net Explorer to make it realistic. of signing exclusive contracts with their incompatible with AOL and other Web sites. David B. Kopel ([email protected]) is the partners. Let’s get on with our economic Microsoft’s hold on the browser market could director of the Center on the Digital Economy lives. There are so many other stories that never be strong enough to let it extract at the Heartland Institute. Joseph Bast have to be told. significant value from the server side, despite ([email protected]) is president of the Sincerely, Microsoft’s important roles in providing both Heartland Institute. This article is adapted David Goldstein a browser and server software. Individual from Antitrust After Microsoft: The President users would not have to play a major role in Obsolescence of Antitrust in the Digital Fra. Shoebox Entertainment opposing Micro- soft. A few key Web sites- Copyright o2001 by The Heartland Institute 6555 Debs Avenue, valued in the stock market at tens of billions and David B. Kopel. West Hills, CA 91307— of dollars—could do it on their own. voice: (818)730–6442 Ignorant Elites MTC–00031895 email: [email protected] Because the Internet is still developing so Wednesday, January 23, 2002 10:45 AM rapidly, reporters and politicians are easy Dan Cohen 415–285–2591 MTC–00031897 prey for manufactured panics. It would be Daniel E. Cohen, Esq. CANTON TEXAS much more difficult to create such a fright 1329 Rhode Island St Chamber of Commerce over a more fa- miliar product, such as San Francisco, CA 94107— January 24, 2002
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Renata Hesse MTC–00031899 -friendly state put Virginia on the map with Antitrust Division January 22, 2002 the emerging IT industry in the 1990s and as Department of Justice Renata Heese IT flourished, our state reaped benefits as 601 D Street NW, Suite 1200 Antitrust Division—Department of Justice well. We embraced the new economy and it Washington, DC 20530 601 D Street NW, Suite 1200 responded. The government should not be an I have personally been involved in the Washington, DC 20530 inhibitor, but an enabler of consumers, internet technology in the immediate and RE: Settlement of U.S. v. Microsoft entrepreneurs, and the marketplace. regional business community. Also, have I am writing in support of the settlement Technology empowers individuals, both observed with much interest and proposed in the U.S. v. Microsoft case. The here in the Commonwealth and, of course, wonderment about the reasoning behind the time has come for the legal fighting to end. beyond our borders. It gives individuals government’s attempt to get involved in Although this settlement is not perfect, it opportunities to participate in an economy private enterprise. To me, it is a total does address the concerns of the court and which they may never have thought possible. additional waste of taxpayer money for the consumers. I believe it would also help It opens the door to the opportunity for so government to pursue any further their stimulate the economy. Microsoft and other many who may have never have gotten the attempts that results ONLY in millions of technology companies have provided a boost knock on the door in the past. Many women dollars in unnecessary legal fees. Please, to the economy in the past, and the next in business are maximizing the power of the Court, accept the negotiated settlement wave of technological advances is sure to IT economy with their thoughts and ideas, dismiss the remaining lawsuits and let us get give the economy another much needed and many children who may have gotten left back to our business where technology has boost. behind are empowered with the learning and become so important. I think it’s time to let Microsoft and its teaching potential of the Internet. Sincerely, competitors fight it out in the open market More than half of all Internet traffic travels Joe Collins rather than in court. through Virginia. The proposed settlement is President Sincerely, tough, yet reasonable, and a valuable tool in 315 First Monday Lane Nancy Meyers Marsiglia bringing stability back to our economy. It is my hope that the Court will approve the Canton, Texas 75103 MTC–00031900 proposed settlement between Microsoft and (903) 567–2991 nine plaintiffs in the anti-trust case against it, Fax: (903) 567–5708 Virginia House of Delegates including the federal government. Web: www.cantontx.com VIRGINIA HOUSE OF DELEGATES FAX COVER SHEET Sincerely, MTC–00031898 TO: Renata Hesse Watkins M. Abbitt, Jr. Jan Johnson Yopp Organization: U.S. Dept Justice—Antitrust DISTRICT: (804)352–2880—RICHMOND: 506 Robert Hunt Drive Div. (804)698–1059 Carrboro,NC 27510 FAX Number: (202)616–9937 Phone Number: ( ) MTC–00031901 January 22, 2002 Local Long Distance -x- 01/23/02 15:21 TEL 3154760420 Peerless Renata Hesse Number of Pages including this cover sheet: Press 01 Trial Attorney 2 Peerless Press, Inc. Antitrust Division From: Delegate Watkins M. Abbitt, Jr. January 23, 2002 Department of Justice Room Number: 804 Renata Hesse 601 D Street NW, Suite 1200 Telephone Number: (804) 698–1059 Trial Attorney Washington, DC 20530 Comments: Antitrust Division Fax 202–616–9937 If you have any problems with this Department of Justice Re: Microsoft Case transmission, please call the House Fax 601 D Street NW, Suite 1200 Dear Ms. Hesse: Center at: (804) 698–1558 Washington, DC 20530 I am writing in support of the proposed Our Fax Number is (804) 786–6310 Re: U.S. vs Microsoft settlement in the U.S. v. Microsoft case. As WATKINS M. ABBITT, JR. Dear Ms. Hesse: a college professor and a parent. I know the POST OFFICE BOX 003 I am writing to you to let you know that importance of having software that is easy to APPOMATTOX, VIRGINIA 24522 I am in support of the settlement of the case use, integrated, affordable and reliable, FIFTY-NINTH DISTRICT of the U.S. vs Microsoft for the following Microsoft has a reputation for developing COMMONWEALTH OF VIRGINIA reason: products that are easy for consumers and HOUSE of DELEGATES I work for a small business which uses and students to use. As an educator, I know how RICHMOND depends on a lot of Microsoft software in our important it is to encourage new idea and COMMITTEE ASSIGNMENTS: computers to help run our business better innovation. The proposed settlement LABOR AND COMMERCE (CO-CHAIR) and more efficiently. In my opinion, there agreement in the U.S. v. Microsoft case will GENERAL LAWS has been no consumer harm as a result of any allow the company to continue its leadership TRANSPORTATION actions taken by Microsoft. In fact, as an innovative designer of software MINING AND MINERAL RESOURCES Microsoft’s innovation has led to tremendous products. At the same time it will provide January 23, 2002 benefits for consumers. such as better remedies for Microsoft competitors who will Renata Hesse products and lower prices. Antitrust law is have access to information about technical Trial Attorney supposed to be about consumer harm, and on specifications about the Windows operating Antitrust Division that key issue, the government has failed to system. Competitors will also be able to ship U. S. Department of Justice show any harm whatsoever. software that competes with software in the 601 D Street NW #1200 Given that the economy is now in Windows operating system and not fear any Washington, DC 20530 recession, the last thing we need is more legal action from Microsoft. By Facsimile: (202)616–9937 litigation and regulation of the high-tech Settlement of this case would be an Dear Ms. Hesse: industry. Settlement of this case is in important step in encouraging technology As the State Delegate from the 59th House everyone’s best interests—the technology companies to get back to the business of District in Virginia, I am writing to encourage industry, the economy and consumers. developing innovative software products. A you to approve the settlement agreement of I, as a concerned consumer, can only hope strong technology industry could provide a the United States v. Microsoft. that the agreed upon settlement would be left much need boost to the overall economy and Virginia has been fortunate to attract a in place. Further litigation can only cost the in turn a good job market for my students. diverse and wide-ranging number of taxpayers more money and would it really be Best wishes as you deal with this technology firms over the past 10 years, and able to provide a better solution? important issue. with those firms choosing to come here, we Thank you for taking the time to read my Sincerely, have ensured our area’s continued growth letter and hopefully your consideration. Jan Johnson Yopp and future prosperity. Being a technology Sincerely,
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Susan C. Letterman know that I believe the settlement puts in their sources codes and interface design and 1112 East Fayette Street place a very strong enforcement method to not enter into any obligatory contracts, thus P.O. Box 6638 ensure Microsoft does not further violate allowing third parties to offer other products Syracuse, New York 13217–6638 antitrust laws. I realize that some of on computers. I am an independent 315–476–6051 Microsoft’s competitors are arguing that the businessperson, I run my own company, and Toll Free: 877–476–6051 enforcement methods are not strong enough Microsoft products have allowed me to build Fax: 315 476–0429 and I totally disagree. a successful company using their products From my understanding of this agreement, and innovations. Please uphold the MTC–00031902 there are vast amounts of resources and tools settlement for the good of our economy and 01/23/02 WED 14:04 FAX 319 398 5228 C.R. available that will ensure any future the computer industry. It is time to put an CHAMBER 001 violations by Microsoft are immediately end to the waste of taxpayer money and this Cedar Rapids Area investigated and acted upon. It seems that controversy. CHAMBER OF COMMERCE any complaint about Microsoft’s compliance Sincerely, January 23,2002 with the settlement is sure to be dealt with. William A. Stein, CLU, ChFC Renata Hesse But this is not the biggest reason we can be Registered Investment Advisor Trial Attorney assured no violations will occur. MTC–00031905 Antitrust Division The settlement’s creation of a Technical U.S. Department of Justice Committee is a very good idea. Because the JAN-23–2002 13:56 LABI 225 929 6054 P. 01/ 601 D Street, NW Suite 1200 committee has an open amount of positions 01 Washington, DC 20530 available, the public is assured that it will be Louisiana Association of Business & lndustry Dear Ms. Hesse: well staffed. More importantly, this POST OFFICE BOX 80258 The grim economic realities of the last year committee is independent and will reside on BATON ROUGE, LA 70898–0258 have been endured by all of us. I am the the Microsoft campus. There is no way (225) 928–5388 President and CEO of the Cedar Rapids Microsoft will be able to commit any harm FAX(225)929–6054 (Iowa) Chamber of Commerce and have with this sort of situation in place. www.labi.org January 23, 2002 found that the challenges of this new I am writing this letter because those FAX LETTER: 202–616–9937 economy have been driven home in the last opposed to the settlement are arguing that Ms. Renata Heese few months as employers have shut down there is not a strong enough safeguard to Trial Attorney completely or cut costs drastically. prevent Microsoft from committing future Antitrust Division My experiences with the Cedar Rapids wrongs. As you can see from my statements Department of Justice Chamber of Commerce have emphasized above, that is simply not the case. 601 D Street NW, Suite 1200 lessons I learned when I served as Speaker Sincerely, Washington, DC 20530 of the House in the Iowa Legislature. The Kelley Klassen RE: Settlement of U. S. v. Microsoft actions of government officials can have 6988 Beagle Street Dear Ms. Heese: unintended and far-reaching consequences. San Diego, CA 92111 I am writing in support of this proposed Government also has opportunities at times (858) 385–5604 settlement. to provide great benefit with its actions. MTC–00031904 I deeply appreciate the efforts of our Government has an opportunity in the anti- government in pursuing antitrust activities FROM : STEIN FINANCIAL PHONE No. : 425 trust case against the Microsoft Corporation and believe that this settlement would be a 7451289 Jan. 23 2002 to be fiscally responsible while at the same positive development in this quest. 11:55AM P1 time sending a signal to start-up technology I know that the government and Microsoft STEIN FINANCIAL SERVICES companies and other businesses that they can lawyers have fought diligently in this William A. Stein, CLU ChFC and should take business risks again without important case. As a business leader, I would Registered Investment Advisor the threat of government intrusion. like to see the case resolved so that private Iowa, like the nation, is trying to restart an Christopher N. Stein industry can return to competing in the economy. Iowa also remains focused on Registered Representative* marketplace. attracting and retaining young people to our 16300 MILL CREEK BLVD, STE 204— The technology sector of our economy is state. It’s time to remove the uncertainty this MILL CREEK, WA 98012— looking for a signal to get moving again. The case has caused to loom over the business (425) 742–6694— settlement of this case can provide the right world. Settling the Microsoft case is best for FAX: (425) 745–1289 signal that competition is alive and well our economic health and it appears that the January 23, 2002 through innovation and hard work and not agreement offered is a good one. Attorney General John Ashcroft continued litigation. Sincerely, U.S. Department of Justice Please know that I appreciate your Ron Corbett 950 Pennsylvania Ave NW consideration of my views on this important 424 First Avenue NE Washington, DC 20530 matter. PO Box 74 Dear Mr. Ashcroft: Sincerely, Cedar Rapids, Iowa I am writing you regarding the Microsoft Daniel L. Juneau 52487–4880 case and the settlement. I am a business President Phone: (319(5317 owner, shareholder and customer of Fax: (319) 398–5228 Microsoft. In fact I am writing you this letter MTC–00031906 www.cedarrapids.org using Microsoft Word. I do not type but this JAN-23–2002 WED 02:ll PM CITY OF NEW software has allowed me to learn. This is just MADRID FAX NO. 1573748402 P.01 MTC–00031903 one of the many software products we use in New Madrid Chamber of Commerce Jan 23 02 12:04p p.1 our business. Microsoft products have made PO Box 96 January 23, 2002 all Americans more productive and have New Madrid, MO 63869 Renata Hesse, Trial Attorney contributed a great deal to the success of our 573/748–5300 Antitrust Division, Department of Justice economy. There competitors could not fax: 573/748–5402 601 D Street NW, Ste. 1200 handle this so they use the courts to compete Fax Transmittal Washington, DC 20530 and now we taxpayers cover the costs. Date: 1/23/02 VIA FACSIMILE American business is based on free TO: Renata Hesse, Department (202) 616–9937 enterprise, why should Microsoft not be Fax: 202–616–9937 Dear Ms. Hesse: allowed to market their product without From: Margaret Palmer This letter is being written in support of sharing their secrets. Does Coca Cola have to Subject: Microsoft Public Comments the settlement currently being considered by give away their formula? The current Number of pages including cover sheet: 2 the federal court in US v. Microsoft. settlement, which I believe will limit JAN-23–2002 WED 02:ll PM CITY OF NEW Specifically, I would like to let the court Microsoft is fair. They have agreed to share MADRID FAX NO. 1573748402 P. 02
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NEW MADRID, MO Pages: 3 (incl. cover) Now Microsoft has its sights on Sun’s Java, Chamber of Commerce FROM: George Haas Apple’s QuickTime, Linux and the list goes 560 Mott Street Fax: (831)439–9599 on. The sad part is that Java and Linux are P.O. BOX 96 TO: Renata Hesse designed to make the Internet a platform for New Madrid, Missouri 63869 Trial Attorney, Antitrust Division everyone to use freely, sharing ideas that Office (573) 748–5300 U.S. Department of Justice would benefit all Internet users, ultimately Fax (573) 748–5402 601 D Street. NW, Suite 1200 leading to a more efficient on-line Toll Free (877) 748–5300 Washington, DC 20530 community. Microsoft would subvert this January 23, 2002 Fax:(202)616–9937 or (202)307–1454 whole concept by bastardizing this on-line Ms. Renata B, Hesse Subject: Microsoft Antitrust Settlement software to operate only on Windows. By Antitrust Division Public Comment doing this they would eventually eliminate U.S. Department of Justice Message: independent on-line programming and all Fax: 202–616–9937 Attached are my comments for your potential Internet competition. RE: Comments on the Microsoft Proposed consideration. FROM :GEORGEHAAS#2853 Settlement Agreement FROM :GEORGEHAAS#2853 FAX NO. : 8314399599 Jan. 23 2002 Dear Ms. Hesse, FAX NO. : 8314399599 Jan. 23 2002 12:08PM 12:08PM P3 On behalf of the New Madrid Chamber of P2 Microsoft never stops to consider the cost Commerce I want to express our full support January 23, 2002 of damage done to consumers through the of the Department of Justice and the nine Renata Hesse loss of opportunities that alternative Attorneys General for their efforts to finally Trial Attorney, Antitrust Division resources could provide. Nor do they put an end to this case and agree to a U.S. Department of Justice consider the damage done to economies all settlement that is in our nation’s best interest. 601 D Street NW., Suite 1200 over the world that will never have the We feel if Microsoft is in agreement and all Washington, DC 20530 benefit of potential productivity gains that other parties are in agreement then what is Fax: (202)616–9937 or (202)307–1454 would have occurred in a truly free the hold up. Lets all get on with business as Re: Microsoft Antitrust Settlement marketplace. usual. Dear Ms. Hesse: There are some resources, services, and Sincerely, Microsoft must be stopped. Their industries, e.g., oil, gold, the postal service, Margaret Palmer continuing predatory, monopolistic practices or rail lines, that are strategically too Executive Director are a deadly threat to innovation in the important to be controlled by a single Oldest American City West of the computer industry. Ultimately, without the corporate entity. The Internet is that kind of Mississippi influence of competition the incredible resource. It is already too late for the software Incorporated 1803 advances in computer technology that we industry. Please save the Internet from this have continued to see will stop. scourge. MTC–00031907 Microsoft will no longer have any Finally, please consider the threat to JAN-23–2002 11:03 AM WALTER incentive to innovate. Microsoft has never national security if the world comes to rely OUSTERMAN 510 655 2797 P. 01 shown the ability, or inclination, to develop on Microsoft operating systems, carrying a 1/17/2002 12:20 PM FROM: Fax No: new technologies. Their modus operandi has vast majority of the world’s email 15106352797.....131 PAGE: 003 OF 003 been to copy popular products, make slight correspondence. They have never proven that 21 Lincoln Avenue variations to avoid obvious patent violations, they can be made secure from virus attacks, Piedmont, California 94611 and then give them away for free with their or from their own design flaws. Nor has January 17, 2002 operating system, thus killing the competitor. Microsoft ever proven that it can be trusted. Attorney General John Ashcroft Every one knows this, but few have the Thank you for your time and US Department of Justice resources to combat them. Since the ‘‘Justice’’ consideration. 950 Pennsylvania Avenue, NW Department has given up the fight, it is Cordially, Washington, DC 20530 critical that the States’ case prevail, before George Haas Dear Mr. Ashcroft: the damage Microsoft inflicts on society 20 Fred Court Opposition to the Microsoft settlement is becomes irreparable. It is already too late for Scotts Valley, CA 95066 absurd. The settlement is a fair and many vibrant companies that have been laid Fax: (831)439–9599 reasonable conclusion to the issue. Microsoft waste, as follows: Borland and Lotus created email: [email protected] has made many concessions to their spreadsheets that revolutionized business. cc: Congressman Mike Honda competitors. Anyone desiring further Microsoft copied that idea and gave it away MTC–00031909 litigation is showing greed and irrationality. for free with their operating system. Now Microsoft has given up much in this case. there is no longer a spreadsheet industry, 01/23/2002 16:40 CITY SECRETARY OFFICE They have agreed to license Windows at a there is only Microsoft. -> 918889194018 uniform price. They have agreed to disclose Apple’s Macintosh Operating System was NO. 008 002 their; internal interface designs. They have brilliantly intuitive and proved to the world OSCAR G. ORTIZ. MAYOR agreed to contract restrictions. They have that personal computers could be useful to FELIX A. BARKER. MAYOR PRO—TEM even allowed for the creation of an advisory the common man. Microsoft brazenly stole COUNCIL MEMBERS: board. Microsoft has also agreed to not to that concept, re-designed DOS around it, CRAIG HANNAH retaliate against companies that use, sell, or gave it a new name, then strong-armed PC THOMAS J. HENDERSON promote non- Microsoft products. Enough is makers into installing Microsoft operating TOM GILLAM, III enough. systems. Now Apple clings to a 5 per cent REV. RONNIE LINDEN The settlement offers the country an market share, and only exists at the mercy of BOB BOWERS opportunity to get past this lawsuit and move Microsoft. ROSE MITCHELL CHAISSON on to more important issues. I support the There are two reasons why Microsoft ROBERT E. ALLEN settlement and look forward to seeing this allows Apple to survive. One is because if STEPHEN FITZGIBBONS lawsuit come to an end. Apple was killed, then there would be no CITY MANAGER Sincerely, question that Microsoft is a monopoly. The CAROLYN DIXON Walter Ousterman second is that, if Apple was gone, Microsoft CITY SECRETARY would have no one to steal ideas from any MARK T. SOKOLOW MTC–00031908 more. Now victorious over all of the software CITY ATTORNEY FROM :GEORGEHAAS#2853 FAX NO. industry, Microsoft moves on to the Internet. Energy City :8314399599 Jan. 23 2002 12:08PM P1 By giving away Explorer for free, they have City of Port Arthur Texas FAX all but eliminated Netscape. This is an January 23, 2002 Date: obscene travesty. It makes a mockery of the Renata Hesse January 23, 2002 anti-trust laws. Trial Attorney
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Antitrust Division Section III(J) (2) of the PFJ contains some the Department of Justice. We feel the terms Department of Justice very strong language against entities involved of the settlement are just. Microsoft has 601 D Street NW, Suite 1200 in the creation of free software. Specifically, maintained their huge market share by Washington, DC 20530 the language says that Microsoft need not investing heavily in their Windows operating Dear Ms. Hesse: describe nor license the API, Documentation, system and charging competitive prices, The Court has an opportunity to end one or Communications Protocols affecting which are a benefit to the consumer. This has of the most misguided and wasteful lawsuits authentication and authorization to resulted in a standard in the computer in the history of the United States by companies that don’t meet Microsoft’s industry that otherwise would have been dismissing the remaining lawsuits against criteria as a business: difficult to achieve. This has been critical to Microsoft Corporation and accepting the ‘‘...(c) meets reasonable, objective the efficient management of computers in proposed settlement. standards established by Microsoft for businesses and development of cost effective, The cost of the lengthy litigation has now certifying the authenticity and viability of its robust application software. exceeded $30 million and is rapidly rising as business, ...’’ Future progress in the computer industry each day passes. Any financial judgement Likewise, Section III(D) explicitly lists will be further hampered if the settlement against Microsoft will be so diminished by ‘‘ISVs, IHVs, IAPs, ICPs, and OEMs,’’ - terms are thrown out and judicial legal and administrative fees that very little businesses as defined in Sect VI—as being proceedings continue. We feel that now is the will actually find its way to the consumer. the only recipients of API and protocol time to give Microsoft the opportunity to The proposed settlement puts an end to the disclosures. Both of these clauses exclude make good on their promises and resolve any wasteful use of taxpayer dollars and requires entities producing free software—entities like uncompetitive practices that were identified Microsoft to make substantial financial and academic faculty, national labs, students, in the suit. proprietary concessions. hobbyists, etc. Sincerely, Though this settlement may not appeal to But, in my opinion, the ONLY remaining Joe and Pam McLaughlin Microsoft’s competitors, it certainly has great challenge to Microsoft’s stranglehold on PC appeal to those of us who would like to see software and innovation is coming from these MTC–00031914 the continuance of the technological non-‘‘business’’ entities. Steve Sukup 515–299–9646 P.1 advances made by one of America’s great Thus, the exclusion of free software Fax success stories. producing entities from this remedy excludes To: RENATA HESSE DOJ. I am writing to ask that the Court accept the only entities that challenge the From: CHAD OLSEN the settlement and let Microsoft and the rest monopoly. RE: MICROSOFT SETTLEMENT of the high tech industry get back to Certainly this is clear to Microsoft, or this Pages: 2 (INCLUDING THIS ONE) developing innovative products in a truly language would not be present in the remedy. Date: 23 JAN 2002 competitive atmosphere. For the remedy to have any impact, the API Steve Sukup Sincerely, disclosures must be made universally, e.g., 515–298–9646 p.2 Oscar G. Ortiz on a simple website explaining the API’s, file Chad F. Olsen formats, whatever—for anyone to see. This Mayor 300 South Fifth Street also simplifies the process for Microsoft, P.O. Box 1089 Guthrie Center, IA 50115 since every simple disclosure of their API’s PORTARTHUR, TEXAS 77641–1089 23 January 2002 need not be accompanied by a contract and 409/983–8115 Renata Hesse team of lawyers. FAX 409/983–8291 Trial Attorney, Antitrust Division Without disclosures to the free software U.S. Department of Justice MTC–00031910 community, the only challengers to the 601 D Street, NW, Suite 1200 FROM: Bionomix FAX NO.: 6262290847 Jan. monopoly, the remedy is meaningless. Washington, DC. 20530 23 2002 04:20PM P1 Thanks for your attention. Dear Ms. Hesse, 23 Jan 02 Jeff Regan The Department of Justice and Microsoft 626–229–0834 fax: 202–307–1454 deserve praise for their work in settling the Bionomix To: Renata B. Hesse Microsoft anti-trust case. The federal 1110 E Walnut Suite 300 Antitrust Division government and the nine states that joined Pasadena CA U.S. Department of Justice the settlement know that settling this case is 601 D Street NW MTC–00031912 good for the nation’s economy. As the owner Suite 1200 Date: January 23, 2002 of a business that depends on a high level of Washington, DC 20530–0001 Attention: Ms. Renata B. Hesse consumer confidence I am very aware of our Re: The Microsoft Settlement Department of Justice fiscal health. I am the Director of Scientific Computing (202)-307–1454 The government’s pursuit of Microsoft over at a small bioinformatics company in From: Mr. and Mrs. John D. Simpson the last several years has had a real impact Pasadena CA. The views expressed here do P.O. Box 5864 on the technology industry. Evidence of this not necessarily represent those of my Carmel, California 93921 is found in slow software sales and the employer. Fax: 831–624–7470 sinking value of technology stocks. The I have read the Revised Proposed Final Home Phone: 831–624–5858 negative results of this case are not limited Judgement (PFJ) at http://www.usdoj.gov/atr/ As taxpayers and consumers we support to the technology industry. cases/f9400/9495.htm the Microsoft settlement. Let’s stop wasting Many Americans have their retirement or Under the Tunney Act, I would like to taxpayer money and get this thing settled. saving funds wrapped up in some sort of submit the following comment regarding the This settlement is only fair. 401(k), IRA or pension fund, and many of PFJ in the DOJ vs. Microsoft case. Sincerely, these funds are partially dependent on In my company, we are studying protein Mr. and Mrs. John D. Simpson technology-based stocks. When the structures to try to develop new cures for governments case against Microsoft gained diseases. We would be unable to do this were MTC–00031913 steamed and threatened a break-up, tech it not for the incredible development pace 01/23/02 19:04 FAX 703 757 7658 01 stocks crashed, and Americans from all walks and high quality of free software J.M. McLaughlin of life saw the value of their savings and development, as represented by the gnu/ January 18, 2002 retirement funds plummet. linux operating system and tools, the apache Attorney General John Ashcroft The feeling of uncertainty created by a web server, the perl and python US Department of Justice bearish stock market quickly affected other programming languages, the SAMBA server, 950 Pennsylvania Avenue, NW areas. Consumers stopped spending money, etc. Our programmers participate in the Washington, DC 20530 hurting small businesses like mine. Workers development of free software, and our Dear Mr. Ashcroft: felt the tightening, too, when corporations company hopes to release a molecular We are writing to say we agree with the stopped hiring new employees and/or laying modelling tool under a public license. proposed settlement between Microsoft and off existing ones.
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Additionally, all reports that I have read Microsoft is sharing its software and its and the consumer isn’t clamoring for it. indicate that this settlement is an equitable know-how with the computer industry. And However, despite the vindictive nature of the agreement that provides tough remedies for it has agreed to the creation of a committee proceedings, Microsoft has come to an the portions of the complaint that have been that will oversee the company’s compliance agreement after the involvement of a court- upheld in court. with the terms of the settlement agreement appointed mediator, which led to a variety of Please support the Microsoft settlement and resolve disputes as they arise. I see this gestures that outdo even the Justice Sincerely, as an equitable solution to this complex Department’s original complaints. It’s time to Chad F. Olsen issue. Moreover, I believe that both Microsoft accept this deal and allow for this settlement and the government have important work to to take root. These proposed terms should MTC–00031915 tend to, and this case should be put behind allow for a more wide-open market and for 01/23/2002 15:32 FAX 4257789645 all of us. Microsoft is an important Microsoft’s competitors to have their chance, CB BAIN EDMONDS 002 contributor to the technological and without the disruption of breaking up a 8719 238th Street Southwest Apt. B7 economic success of America. The company company that has revolutionized the PC Edmonds, WA 98026 has taken great steps to improve its industry. I appreciate your attention to my January 21, 2002 performance in the market, and I believe that feedback. Attorney General John Ashcroft it can now devote more of its resources to Sincerely, US Department of Justice technological innovation and improvement. Max Decker The current arrangement is in the best 950 Pennsylvania Avenue, NW MTC–00031921 Washington, DC 20530 interest of the industry and the American Dear Mr. Ashcroft: public and should remain in its current form. Jan 23 02 01:06p Parallel 21, Inc. 8085482125 I am writing today to encourage the Thank you. PARALLEL 21 Department of Justice to accept the Microsoft Sincerely, internet application developer antitrust settlement. The issue needs to be Paul E. Castle January 23, 2002 Attorney General John Ashcroft put to rest and Microsoft needs to be able to MTC–00031917 move on. The terms of the settlement are US Department of Justice Washington, DC 20530–0001 more than fair; Microsoft has agreed to give From: Mirriam Schwartz Dear Mr. Ashcroft, up a lot. The government needs to agree to 2417 Vista Lane The antitrust suit brought about against the settlement and stop harassing Microsoft. Anacortes, WA 98221 Microsoft was worth pursuing because it was This government over regulation is a slap To the U.S. Dept. of Justice a learning experience for both sides of the in the face to the free enterprise system. Attn. Ms. Renata B. Hesse table. I would have preferred that the lesson Microsoft is simply a better company than its I urge the D.O.J. to approve the Microsoft was a bit less expensive, but that is water competitors. Because of personal agendas Settlement now. under the bridge. Now we have an and the influence of uncompetitive Mirriam Schwartz opportunity to show what we learned. The companies this entire issue arose. Now MTC–00031919 settlement reached between Microsoft and Microsoft has had to agree to terms that Jan 23 02 04:31p HRROLD E. YARNELL, JR the Department of Justice was is a good extend well beyond the products and 1–818 883 5714 p.1 conclusion to this case, but pursuing further procedures that were at issue in the suit, 01–23–02 litigation will only delay the advancement of simply to put the issue behind them. DEPARTMENT OF JUSTICE technology. The case must be closed; the After three long years this case needs to be ATTN: MS. RENATA B. HESSE taxpayer cannot go on picking up the wrapped up. Many investors have been hurt RE: MICROSOFT SETTLEMENT expense of an uneconomical situation. and in turn this has had an adverse effect on I, HAROLD E. YARNELL, JR. SUPPORT The settlement instructs Microsoft to our ailing economy. The government is THE MICROSOFT SETTLEMENT AND provide information regarding the supposed to work for all the people not for URGE DOJ TO SETTLE THAT MATTER. development of software products to its a few special interest groups. Please accept THE ANTITRUST ACTION AGAINST competitors. Microsoft is also to refrain from the Microsoft antitrust settlement and allow MICROSOFT BY COMPETITORS IS retaliating against computer makers that may Microsoft to return to business. OUTRAGEOUS AND NOT IN THE PUBLIC ship software that would compete with the Sincerely, INTEREST Windows OS. I believe that these provisions Alberta Nielsen E-Mail HAROLD E. YARNELL, JR. and others in the settlement provide good [email protected] 4156 MATISSE AVE guidelines for Microsoft to be a responsible MTC–00031916 WOODLAND HILLS, CA 91364–5337 leader of the IT industry. The suit must demonstrate what not to do as a big business, SENT BY: KEYCORP CORPORATE TAX : l- MTC–00031920 but Microsoft should not be shrouded in 23- 2 : 18:36 : KEYCORP CORP TAX- 01/23/2002 19:12 4258619863 litigation for providing the consumer with 202 353 8856: # 1/1 CERTAPRO PAINTERS superior products. I strongly urge you to Post-it Fax note PAGE 01 make certain that this settlement is 7671 12809 NE 32nd Street confirmed. To ATTORNEY GENERAL JOHN ASHCROFT Bellevue, WA 98005 Sincerely, SUBJ: MICROSOFT SETTLEMENT January 23, 2002 Alika Reppun Fax #1202 307–1454 Attorney General John Ashcroft Director Paul Castle US Department of Justice 4185 Laurell Lane 950 Pennsylvania Ave., NW MTC–00031922 North Olmsted, OH 44070–2511 Washington, DC 20530 FROM : MARY ALICE TEL (440) 734–0732 Dear Mr. Ashcroft: FAX NO. : 619 6593705 Jan. 23 2002 January 22, 2002 I want to contact you to ask for your 03:14PM P1 Attorney General John Ashcroft support of the proposed settlement of the Attorney General John Ashcroft US Department of Justice Microsoft anti-trust case. Though the legal US Department of Justice 950 Pennsylvania Avenue, NW action had some merits, the government 950 Pennsylvania Avenue, NW Washington, DC 20530–0001 expense of three years in court over this Washington, DC 20530 Dear Mr. Ashcroft: matter has surpassed its benefit, so it’s time Dear Mr. Ashcroft, As a computer user and supporter of to bring it all to an end. I am writing in support of Microsoft and Microsoft, I have followed the antitrust case With technology changing so rapidly, no settling your office’s antitrust case against the and the negotiation and settlement process. one can possibly hold a monopoly on the company. Allowing Microsoft to move on I would like to see the current settlement software industry, so it’s not worth splitting with business is good for the consumers, the agreement remain, because I believe it creates it apart. Microsoft has used some very company itself, and the economy as a the most optimal compromise for all parties aggressive tactics against its rivals, yet the whole—and the economy needs all the help involved. bottom line is that there is a choice out there it can get right now.
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I have been following the case, and I think decreases each year. Linux and open source- by the Court of Appeals. Those issues that the terms of the agreement are amicable software command more market share with introduced by Judge Thomas Penfield to all involved parties. Microsoft’s each generation of new computer users. I Jackson that may not be addressed in this concessions provide ample room for the believe Microsoft’s dominance is not a result settlement were primarily vacated by the growth of competition, and users will have of monopolistic ways, but rather of providing Court of Appeals. The real problems-that more freedom of choice than ever in regard the most simple version of a complex conduct found to be anticompetitive by the to what programs they choose to run. product. As consumers become more Court of Appeals-are dealt with in the Instituting uniform pricing for computer sophisticated, Microsoft will continue to lose proposed settlement. In other words, the manufacturers will also create a healthy market share. But don’t punish Microsoft settlement is comprehensive according to balance and foster competitive spirit for because people choose their product. prior judgments. software programmers. Even though Microsoft has a large share of The Court should approve the settlement I urge you to settle the Microsoft suit the market, consumers are not harmed by in the case against Microsoft. It is in the best without any additional delay. Their success pricing or service. The relative price of interest of this country. is important to individual consumers, as well Windows right now is less than one fifth the Sincerely, as the American economy itself. price of an operating system in 1989. By DAVE THOMAS Sincerely, definition, a monopoly harms consumers Owner Mary McBride with unfair pricing. In addition, Microsoft THOMAS INSURANCE SERVICES, Inc. maintains the highest standards in customer Unique, Personalized Brokerage MTC–00031923 service and continues to bring innovative Jan-23–02 02:58pm From-Alpha Engineering products to market, These are also contrary MTC–00031926 +3607381040 to traditional monopolistic practices. Jan 23 02 07:13p Gary Pearce 9197878031 p. T-121 P. 001/001 F-357 Whatever the issues, the government has 1 Subject: Microsoft Settlement dealt with them in the settlement. Therefore, JAN-18–2002 16:05 ZOOM CULTURE 919 To: Renata B. Hesse please support the settlement. 960 0032 P.01/01 Antitrust Division Sincerely, Billy Warden U.S. Department of Justice Bob Arundale 2647 St. Mary’s St. 601 D Street NW Vice President Raleigh, NC 27609 Suite 1200 919–881–2029 MTC–00031925 Washington, DC 20530–0001 [email protected] The Proposed Final Judgment is not in the Jan 23 02 05:37p Dave Thomas Renata Hesse public interest, and should not be adopted. 209–577–4420 Trial Attorney The Proposed Final Judgment as written p. 1 Antitrust Division allows significant anticompetitive practices The Risk Takers Department of Justice to continue, and would inhibit the emergence P.O. Box 576626, Modesto, CA 95357 (209) 601 D Street NW, Suite 1200 of competing Windows-compatible operating 577–4373 Washington, DC 20530 systems. January 23, 2002 Fax 202–616–9937 Microsoft increases the ‘‘applications Renata Hesse, Trial Attorney [email protected] barrier to entry’’ by using restrictive license Antitrust Division, Department of Justice I have the good fortune to be located in one terms and intentional incompatibilities. Yet 601 D Street NW, Ste. 1200 of the nation’s most dynamic high-tech the PFJ fails to prohibit this, and even Washington, DC 20530 centers, the Research Triangle of North contributes to this part of the ‘‘applications ViAFACSIMILE Carolina. Through my experience in barrier to entry’’. (202) 616–9937 journalism, politics and advertising, I have The PFJ does not require Microsoft to Dear Ms. Hesse: seen the importance of competition and release documentation about the format of I am writing the courts to counter some of innovation in the information technology Microsoft Office documents. This provision the arguments made by Microsoft’s industry. could be a vital key to enabling competitive competitors that the proposed settlement This is why I strongly believe that it would software products in the marketplace. does not go far enough in punishing be in the best interest of our nation’s overall Duane Foster Microsoft. I believe that the settlement is economy for the courts to approve the PO Box 695 extremely fair and should be supported. I pending settlement in the Microsoft antitrust Bellingham, WA 98227 also believe that accepting the settlement is case. Microsoft may well have stepped over much better than the alternative; continued the line as a fierce competitor. The courts MTC–00031924 litigation. have ruled that it did. Now, through the 01/23/02 17:59 I have reviewed a paper written by Robert efforts of a court-appointed mediator, this NO.024 001 Hahn of American Enterprise Institute and settlement has been negotiated. Alba International agree with his arguments on this matter. Mr. The U.S. Justice Department has concluded P.O. Box 111 Hahn gives compelling economical reasons that the settlement protects consumers and North Aurora, IL 60542 for the country and the Court to choose to competitors alike from continued anti- January 18, 2002 accept this settlement rather than go through competitive actions by Microsoft. The Renata Hesse, Trial Attorney even more litigation. One reason to accept Attorney General of North Carolina and other Antitrust Division, Department of Justice the settlement is that Plaintiff’s may lose states have reached the same conclusion. 601 ‘‘D’’ Street NW., Suite 1200 some of the concessions Microsoft gave in the Accordingly, it is my hope that the Washington, DC 20530 settlement. To end this case, Microsoft was settlement now will be finalized and Via Facsimile willing to compromise on important issues. approved by the court. Further litigation of (202) 616–9937 Rejecting the settlement may jeopardize those this matter is not in the best interests of Dear Ms. Hesse: concessions. Mr. Hahn also makes the point consumers or of our economy generally. The public is allowed to comment on the that they are too many working Americans Thank you for attention. ‘‘First Judgement Stipulation and who have a stake in this settlement. The Sincerely, Competitive Impact Statement in the case of millions of people who work for independent Billy Warden US v. Mircrosoft. I respectfully request that software and hardware companies selling courts approve of this settlement, thereby computers with Microsoft products, all have MTC–00031927 ending the case against Microsoft and something to gain from this settlement. JAN-23–2002 WED 07:20 FM FROM: allowing them to get back to business. Continuing their economic uncertainty FAX: PAGE 1 As to the case, I don’t think Microsoft is through prolonged litigation is unfair and JAMES VICTOR CONNAUGHTON a monopoly for a few different reasons: irrational. January 23, 2002 Microsoft currently has ninety percent of The final point is that the settlement truly Renata Heese market in operating systems. Yet that number addresses the acts ruled to be anticompetitive Trial Attorney
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Antitrust Division Washington, DC 20530 Put simply this settlement is good, The Department of Justice Fax 202–616–9937 settlement should be implemented as soon as 601 D Street NW, Suite 1200 [email protected] possible. The settlement is more than WASHINGTON DC 20530 Dear Ms. Hesse: adequate to satisfy the requirements of the FAX: 202–616–9937 As an individual who enjoys and depends lawsuit. The settlement provides the first RE: Settlement of U.S. v. Microsoft very much on the computer and on user- opportunity to resolve this fiasco. Please I am active in the technology business and friendly computer software, I write to express direct your efforts towards accomplishing I am writing in full support of the settlement my personal hope that the federal courts will this goal. Thank you, of this case. My company uses technology approve the settlement I understand is Sincerely, more and more each and every day. pending in the Microsoft antitrust matter. Michael Bieloski I believe that strong competition in the Microsoft certainly has been an aggressive cc: Senator Rick Santorum computer and software business leads to competitor. Perhaps the company has MTC–00031931 better products for consumers and stepped over the line at times. However, this businesses. This proposed settlement corrects case now has dragged on for more than three FROM : ROBERT FRIEDRICH the findings found by the court and protects years. During that time the stock market has FAX NO. : 718–343–3365 Jan. 23 2002 the consumer. dropped precipitously, as I am painfully 10:24PM P1 I think approving this settlement will send aware. Many information technology Robert Friedrich 264–52 Langston Avenue a clear message to the technology sector of companies have gone under and our Glen Oaks, NY 11004–1043/ our economy. The message will be that economy has fallen into a recession. It has 718–343–4273 competition is alive and the place to compete left many here in the Triangle area of North January 23, 2002 is in the marketplace, not the courtroom. Carolina unemployed, a number of them in Attorney General John Ashcroft Sincerely, my church congregation. United States Department of Justice JAY CONNAUGHTON Continued litigation cannot resolve these 950 Pennsylvania Avenue, NW 929 SOUTH HARRISON COVINGTON, LA problems. Continued warfare in the Washington, DC 20530–0001 70433 courtroom cannot restore the strength of our Dear Attorney General Ashcroft: PHONE: 985–875–0031 economy. It is time to bring this matter to a I am writing to express my views regarding close. the recent antitrust lawsuit between MTC–00031928 The proposed settlement will require Microsoft and the federal government. After JAN-23–2002 WED 07:18 PM FROM: FAX: Microsoft to change its ways. And we don’t three long years of court battles, I was PAGE 1 have to take Bill Gates’ word for it. The pleased to hear that a settlement was finally people who think innovative ADVERTISING settlement will set up an independent reached. I sincerely hope that no further legal 985.809.1975 fax 985.809.1991 committee to monitor Microsoft’s compliance action is being considered on the federal to Renata Heese with the agreement. level. from Jennifer Connaughton North Carolina Attorney General Roy Under the agreement, Microsoft has agreed date 23 Jan 02 Cooper has agreed to the settlement. I have to design future versions of Windows, pages to follow 1 great confidence in Attorney General beginning with an interim release of January 23, 2002 Cooper’s judgment in this matter, having Windows XP, to provide a mechanism to Renata Heese worked with him closely in other matters. make it easy for computer makers, consumers Trial Attorney Therefore, I join with him and with other and software developers to promote non- Antitrust Division’ citizens in calling for a speedy resolution of Microsoft software within Windows. The Department of Justice this matter and approval of the agreement. mechanism will make it easy to add or 601 D Street NW, Suite 1200 Thank you, remove access to features built in to Washington DC 20530 Joe M. (Joe) Parker Windows or to non-Microsoft software. FAX: 202–6 16–9937 Highway Safety Consulting Consumers will have the freedom to choose RE: Settlement of U.S. v. Microsoft to change their configuration at any time. MTC–00031930 I am active in the technology business and Considering the many terms of the I am writing in full support of the settlement 174 N Highland Avenue agreement, I see no reason for the federal of this case. My company uses technology Norristown, PA 19403–2974 government to pursue further litigation more and more each and every day. I believe January 20 ,2002 against Microsoft on any level. Not only that strong competition in the computer and Attorney General John Ashcroft would it be a waste of time and money, but software business leads to better products for US Department of Justice, 950 Pennsylvania also redundant. It is also about time we allow consumers and businesses, This proposed Avenue, NW MS to continue to innovate and produce new settlement corrects the findings found by the Washington, DC 20530–0001 products. court and protects the consumer. I think Dear Mr. Ashcroft: Please support the agreement. approving this settlement will send a clear It is my opinion that the Microsoft anti- Thank you. message to the technology sector of our trust case be resolved as soon as possible. Its Sincerely, economy. The message will be that harmful side effects are already becoming Robert Friedrich competition is alive and the place to compete evident in our slowing economy. In any case MTC–00031932 is in the marketplace, not the courtroom. this lawsuit was wrong to begin with. The Sincerely, settlement that was reached last November JAN-23–02 08:12 PM P.01 should be implemented as fast as possible so FAX MTC–00031929 that this matter can be put behind us. To: Attorney General John Ashcroft Jan 23 02 06:44p This settlement does not let Microsoft off From: Byron Fosler Gary Pearce easy, though it fair and reasonable. It should Fax: 1202 307–1454 Pages: 1 + Cover 9197878031 p.1 be more than Microsoft’s competitors ever Phone: Date; January 23,2002 4500 Council Drive hoped for. Under this settlement, Microsoft Re: Microsoft Settlement CC: Raleigh, NC 27610 has agreed to terms that extend to products JAN-23–02 08:12 PM 919–571–1914 and business practices that were not even at January 18, 2002 [email protected] issue in the original lawsuit. Additionally, P.02 Parker & Associates they will have access to source codes and Attorney General John Ashcroft January 19, 2002 interfaces that are internal to Windows US Department of Justice Renata Hesse operating system products. There are many 950 Pennsylvania Avenue, NW Trial Attorney more restrictions and obligation within this Washington, DC 20530–0001 Antitrust Division settlement, and all of them will be subject to Dear Mr. Ashcroft, Department of Justice the oversight of a Technical Committee, The settlement that has been reached 601 D Street NW, Suite 1200 which will monitor Microsoft’s compliance. between Microsoft and the Department of
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Justice is fair. Any antitrust violations that Penalized OEMS San Carlos, CA 94070 Microsoft may have been guilty of in the past I am very happy to see the measures in Attorney General John Aschcroft will be halted with the creation of a three- section III.A.2 which prevent Microsoft from US DOJ man oversight committee, which will penalising OEMS who choose to ship dual- 950 Pennsylvania Avenue, NW monitor Microsoft’s business practices. I boot or multiple operating system PCs. Washington, DC 20530 believe that with this provision in force, any However, this restriction contains a very January 25. 2002 further questions of the suit should be put to significant loophole, in that it does not Dear Mr. Ashcroft: rest. protect OEMs which would like to ship PCs I am an ardent supporter of the Microsoft I believe that Microsoft is a good company, without any Microsoft operating system Corporation and I would like to see the which contributes a great deal of capital to installed (eg. A pure Linux system.) This settlement. that has been reached in the our economy. This is one of our best and significantly contributes to stifling any other government’s antitrust suit accepted by all brightest companies and we need them to be operating system from gaining a significant the suing parties including the state of operating at full strength during these times foothold in the marketplace, regardless of the California in which I am a constituent. I feel of economic instability. With this settlement, merits of functionality, price or reliability that Microsoft is a good company who has I think we can get back to business and that other operating systems may have to been unfairly targeted in this suit. The remedy some of our economic problems, offer. acceptance of this settlement is essential to especially within the technology sector, End User License Agreements the well being of this nation. We need the which has been placed on hold for the last Additionally, I would to see steps taken to full contribution of this company working to three years. prevent Microsoft end- user licence its greatest advantage in order to aid our I am pleased that a fair settlement has agreements from prohibiting my choice of economy. finally been reached and that we can shift using non- Microsoft operating systems or The settlement is reasonable and will allow our focus to other issues. Thank you for the products. The PFJ as currently stated does Microsoft to remain intact, under the terms time and consideration that you have put not prohibit this, which unfairly prevents of the settlement Microsoft will divulge into this issue. I believe that you have made competing operating systems or products certain internal codes and interfaces to their a prudent decision by settling. Please from attempting to interoperate with Windows operating system that were up until continue to support American business with Microsoft products, and simultaneously now considered trade secrets. Microsoft will all of your future decisions. curtails end-users’’ freedom of choice. also design all future versions of Windows to Sincerely, Sincere thanks for this opportunity to express acommodate the products of their Byron R. Foster my views. competitors and make it easier for these 212 W. Washington Jonathan Hartley products to be used in conjunction with #1704 Senior Software Engineer Windows. And finally, from here on out Chicago, IL 60606 SchlumbergerSema, Microsoft will be accountable to a three- Denver, USA person technical committee, appointed by MTC–00031933 the government to monitor the business MTC–00031935 01/23/2002 l6:27 9072483740 practices of Microsoft in future and ensure THE LOFLANDS 01/23/02 21:16 FAX 01 their compliance with the settlement, PAGE 01 Kathy Grinaway The issues that were originally brought in U. S. Department of Justice I Cedar Road the suit have been met and exceeded, any Attention Ms. Renata B. Hesse Wilkes Barre, PA 18705–2209 reluctance to accept this settlement are (202) 307–1454 January 18 , 2002 clearly politically motivated for the personal This is to let you know that we support the Attorney General John Ashcroft gain of those politicians involved. If they are Microsoft settlement in order to stimulate our US Department of Justice not placated by this settlement then it is clear country’s economy and help stop 950 Pennsylvania Avenue, NW that they are not really interested in solving government’s millions of dollars in waste. Washington, DC 20530–0001 this case, they simply want to keep their Tandy O. Lofland Dear Mr. Attorney General: names in the news. This is a flagrant waste Mary Aileen Lofland I write you today with concern over the of the taxpayers’’ money, which sould be recent developments in the settlement allocated to more important issues. Thank MTC–00031934 between the Department of Justice and you for your time and for allowing me to JAN. 23. 2002 7:05PM NO. 1823 P. 1 Microsoft. This settlement has been express my opinion Jonathan Hartley scrutinized for over three years, and is ready Sincerely. 1114 South Gaylord St. to be implemented. By delaying this process, Theresa Giosso Denver, CO, 80210 we only slow down our own technology Work:(303) 741 8597 industry. As they concentrate on litigation, MTC–00031938 Home:(303) 777 8925 F. A.O. Thanks. the competition concentrates on innovation. Jan-24–02 07:40 PSI/POLICE ACADEMY Cell:(303) 475 6780 Microsoft has come a long way to prove 315 492 1521 E-mail:[email protected] that they are willing to work with the P.01 Renata B. Hesse, competitor. They have agreed not to enter 1754 Patterson Road Antitrust Division into any agreements obligating any third Marietta, NY 13110 U.S. Department of Justice party to distribute or promote any Windows January 23, 2002 601 D Street NW technology exclusively. They have also Ms. Renata Hesse Suite 1200 agreed to make changes in licensing, Trail Attorney Washington, DC 20530–0001 marketing and even design. These Antitrust Division 23 January 2002 concessions are bold moves in the technology Department of Justice Re: US vs. Microsoft, proposed final industry and are nothing but helpful to our 601 D Street NW, Suite 1200 judgement entire IT sector. Help get our technology Washington, DC 20530 Renata B. Hesse, industry back on track. Please help stop any Re: United States vs. Microsoft I appreciate the great amount of work that further government litigation and let our Dear Ms. Hesse: has gone into producing the proposed final industry focus on innovation. I thank you for Given the current state of the economy in judgement to date. However, the settlement your help. the State of New York following the terrible in its current form seems to overlook several Sincerely, events of September 11, it seems important issues, and Microsoft has a history Kathy Grinaway inappropriate for the federal government to of exploiting loopholes such as these to cc: Senator Rick Santorum be taking action to limit private enterprise. It leverage and increase its monopoly position, FROM: D GIOSSO CONSTRUCTION PHONE is further disappointing that over $30 million to the great detriment of consumers, parallel NO. : 650 595 3453 Jan. 23 2002 in taxpayer funds have already been spent on technologies, and the computing industry as 04:56PM P2 this case. The sooner this case can be settled a whole. 1925 Brittan Avenue the better for all involved. It seems very
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inappropriate for the federal government to it clear that its most serious competition, Dear Ms. Hesse: be regulating the technology industry, open source software, does not meet its I am writing this letter to voice my Thank you for your time and criteria for an ‘‘authentic and viable’’ dissatisfaction with the on-going Microsoft consideration. business (to use language from the lawsuit. As a former resident of the Seattle Sincerely, settlement). In any event, if their past area, I have personally seen the benefits Richard H. Flanagan behavior proves anything, it’s that they will Microsoft has brought to the community Post-It Fax Note 7671 Date 1/24/02 # of not make such decisions in good faith. through investment, jobs, philanthropy, and pages 1 (Indeed, their bad-faith actions led to the the entrepreneurial spirit of former Microsoft To Renata Hesse From Richard Flanagan current trial: absurdly, Microsoft claimed employees. Seattle is thriving as a result of Co./Dept. Co. they were ‘‘integrating’’ their Web browser the hundreds of companies formed by former Phone # Phone # 315/498–6046 but not ‘‘bundling’’ it. A distinction without Microsoft employees who have the drive and Fax # 202–616–9937 Fax # a difference if I ever saw one, but it enabled capital to realize their dreams. Additionally, Microsoft to unlawfully crush yet another great strides are being made through the MTC–00031939 competitor.) Adding insult to injury, philanthropic efforts of current and former 1–24–2002 8:34AM FROM 000000000000 p.1 Microsoft can entirely sidestep those already Microsoft employees who are actively JAN—23–02 WED 10:26 PM JIV WDC limited and ineffectual disclosure looking for ways to donate their time and 202 544 2020 P.02 requirements by claiming that they must do money. J. T. Varallo, Jr. so for security reasons. This provision is a From a professional perspective, I also feel 720 Third Street, NE complete absurdity: it may be it appropriate to convey my dissatisfaction Washington, DC 20002 counterintuitive, but true security is achieved with the on-going Microsoft litigation. As an (202) 544–0404 by using open standards, which can be investment advisor, my clients invest in Ms. Renata Hesse inspected for flaws by the broader security private companies with great prospects for Trial Attorney community. You may be sure that Microsoft growth and market innovation. One of the Antitrust Division knows this, so it’s worth contemplating why more serious impediments to growth and Department of Justice this measure is in the agreement at all. innovation is the spectre of on-going 601 D Street NW, Suite 1200 There is only one answer: to enable litigation and government intervention. Entrepreneurs need to know that their Washington, DC 20530 Microsoft to emasculate the agreement successes will not be hindered by overly Re: the Proposed Consent Decree of Microsoft whenever its provisions are inconvenient. aggressive government policies. and the DOJ The proposed oversight committee cannot I honestly feel Microsoft has been one of Dear Ms. Hesse: usefully address these concerns, or the the great success stories in modern US Please accept my comments in regard to dozens of others like them, for two main economic history and I urge you to settle the the above. This suit has gone on long enough. reasons. First, Microsoft itself will have Microsoft suit so that thousands of workers It is my understanding that, in an effort to considerable control over the committee, as at small companies across the country can get conclude the matter, Microsoft has agreed to Microsoft chooses one member directly and back to doing what they do best... innovating one of the other two members indirectly, (I certain restrictions and obligations that were & growing. This settlement allows for an not at issue on the original suit. I urge you hope that if I ever break the law, I get to oversight group to ensure that companies can to count this as part of a good faith effort on choose my own parole officer.) Second, the compete in a fair and open marketplace. Let’s the part of Microsoft, and allow them to committee would generally operate in secret, allow them to do so. move on. so serious objections on the part of the Sincerely, I am especially encouraged that Microsoft committee’s only truly independent member Brian D. Bank has agreed to grant computer makers rights may never reach the public. This mandated 340 Pine Street, to configure programs so that non-microsoft secrecy, coupled with the committee’s 3rd Floor San Francisco, CA 94104— products can be included. guaranteed ineffectiveness, must inevitably tel: 415–288–3322 Respectfully, erode any public confidence in the fax: 415–288–3323 J.T. Varallo, Jr. committee’s trustworthiness-and, by exten- sion, in the justice system itself. MTC–00031942 MTC–00031940 Finally, I object to the settlement on 01–23–2002 10: 09PM From FROM : Scott & Candy philosophical grounds. I believe that the law TO FAX NO, : should apply to the rich and powerful— 1202–307–1454 P.01 Jan, 23 2002 10:10PM P1 including rich and powerful corporations- Tiffany Ledbetter Renata B. Hesse just as it would apply to you or me. If I 18524 11th Avenue W Antitrust Division robbed a bank, I’d expect more punishment Lynnwood,WA 98037 US. Department of Justice than a stern warning not to do it again. At January 23,2002 601 D Street NW the very least, I imagine I’d be required to Attorney General John Ashcroft Suite 1200 forfeit my ill-gotten gains (which, in US Department of Justice Washington, DC. 20530–0001 Microsoft’s case, amounts to tens of billions 950 Pennsylvania Avenue, NW 1403 Dominion Ave. N of dollars), in addition to harsh punitive Washington, DC 20530 Pasadena, CA 91104 measures. If Microsoft’s punishment is any Dear Mr. Ashcroft: January 23, 2002 less severe-well, then I guess I’ll know what It has come to my attention that the To whom it may concern: the law is worth. Department of Justice, under the auspices of I’m writing to express my vehement Thank you for your kind consideration. the Tunney Act, has entered into a period of objection to the proposed Microsoft an- Sincerely, public comment in reference to the titrust settlement. Both as a citizen and as a Scott Maxwell settlement reached in the Microsoft antitrust professional computer program- mer, I lawsuit. I feel that this settlement is long MTC–00031941 respectfully insist that Microsoft face a over-due and should be accepted on both the meaningful punishment for its unlawful FROM: PineCrest Capital Partners FAX NO: federal and state levels. actions. The proposed settlement doesn’t 4152883323 Jan. 23 2002 06:43PM P1 The terms of this settlement are just. even come close. In large measure, the PineCrest Capital Partners Microsoft will design all future versions of its settlement merely restates the existing law or LMS Capital Windows operating system to be compatible the earlier settlement agreement-this does not (Bermuda) Limited with the products of its competitors. The punish Microsoft in any way. The remaining January 23, 2002 company is also committed to halting any portions of the settlement contain loopholes Ms. Renata Hesse activities that could be considered big enough to drive a monopoly through. For Trial Attorney, Antitrust Division retaliatory. There will also be a three-person example, Microsoft gets to choose to whom Department of Justice technical committee that will oversee the they will disclose API and protocol 601 D Street, NW, Suite 1200 future business tactics of the company to documentation. Microsoft has already made Washington, DC 20530 ensure that it complies with the settlement.
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I hope that this litigation can finally be agreement is accepted and implemented in substantially revised to remove these flaws brought to an end and that we can focus our the very near future. It will be good for the before being accepted. A software and attention and our resources on other issues. economy. content monoculture such as Microsoft Please continue to support this settlement, Sincerely, clearly wishes to have in place harms all of and thank you for this opportunity to express Joan Ivy us in the long term, including Microsoft and my thoughts. its investors. Sincerely, MTC–00031944 Sincerely, Tiffany Ledbetter FILE No. 695 01/23 ‘02 21:49 ID:STANDARD Alan J. Miller REGISTER MTC–00031943 847 277 2561 MTC–00031945 Jan 23 02 11:36p MICRO CRAFT INC 256– PAGE 1 SC Concord 830–1227 P- 1 Alan J. Miller 254 Church Street NE MICRO—>CRAFT INC. 381 Oak Trails Road #302 Concord NC 28025 Micro Craft, Inc Des Plaines, IA 68816 office (704) 786–0700 123 Fairington Rd Renata B. Hesse fax (704) 782–1356 Huntsville,AL Antitrust Division To: Attorney General John Ashcroft 35806 U.S. Department of Justice Fax: (202) 307–1454 [256] 830 9746 Suite 1200 Company: Phone: www.micro-craft.net 601 D Street NW From: Ann Pearson January 23, 2002 Washington, DC 20530–0001 Date: 1/24/02 Attorney General John Ashcroft 22 January, 2002 Re: Microsoft # of Pages (including cover) 3 US Department of Justice Ms. Hesse, Notes 950 Pennsylvania Avenue, NW I am writing to add my name to the list of Confidential Washington, DC 20530 people opposed to the Proposed Final SC CONCORD TECHNOLOGY SEARCH Dear Mr. Ashcroft: Judgement in the United States v. Microsoft GROUP I am writing to enter my comments in the antitrust case. a division of MRI public record relating to settlement of the As a software developer with 11 years of 254 church street northeast concord, north Microsoft antitrust case. I strongly support business experience, I have watched carolina 28027–4737 (704) 786.0700 the settlement. I believe that Microsoft has Microsoft’s rise to dominance in several charlotte: (704) 377–5764 led the effort to standardize certain software markets and been dismayed by many of the fax: (704) 762–1358 that has been of benefit to users across techniques it has used to attain and maintain 125 Spring Street NW industry lines. I own and operate a company dominance at the expense of other Concord, NC 280259 that creates software for lawyers. If Microsoft companies, competing software platforms January 23,2002 had not created a standard for operating and consumers such as myself. Still, while I Attorney Genera1 John Ashcroft system software, my company could not have often found Microsoft’s techniques US Department of Justice compete in the marketplace. We are too small distasteful and unethical, I am far less 950 Pennsylvania Avenue, NW a company to hire enough programmers to concerned about remedies for its past Washington, DC 20530 write our programs to run on half a dozen behavior than I am about ensuring that the Dear Mr. Ashcroft: operating systems. In addition, if we could, same types of behavior are prevented in the After a three-year, costly, taxpayer-funded the cost of our programs would be future. antitrust lawsuit against Microsoft, the prohibitive for our customers. Believe it or From my reading of the Proposed federal government has finally decided to not, not all lawyers are rich. We sell our legal judgement those remedies that actually work come up with an agreement under the wise billing software to many sole practitioners against Microsoft would be ineffective leadership of Attorney General John and one-to-five person law firms. Because against a company determined to bypass Ashcroft. This decision will surely prove to there is one standard, we can write our them and would not even constitute stimulate our lagging economy. software for one operating system and make significant obstacles in that bypassing The settlement calls for Microsoft to design it affordable for every one of our customers. process, further in many cases the remedies future versions of Windows to provide a We have been in business since 1978. We’re and definitions seem to have been mechanism to make it easy for computer small, but over 8000 law firms use or have specifically crafted to make them effectively makers, consumers and software developers used our software, I honestly believe nonexistent or to actually strengthen to promote non-Microsoft software within Microsoft has made it possible for our Microsoft’s position in current or potential Windows. The mechanism will make it easy company to exist, stay in business and future markets. That Microsoft will work to to add or remove access to features built in compete. bypass the original intent of the judgement is to Windows or to non-Microsoft software. I find that our customers have a very hard clear for both technical and business Consumers will have the freedom to choose time learning to operate computers. We assist practices—even during the course of the trial to change their configuration at any time. them in zipping up files, emailing data to us and settlement negotiations it continued to Microsoft has had enough distraction from for correction, and making backup copies of use tactics that should be blocked by a solid what it does best—innovation. This case is their data, as well as running our software. agreement. above and beyond the brink of fairness. I If there wasn’t a standard in basic software As an example, the future direction of don’t see any need for the Department of used on computers, we couldn’t help our Microsoft’s focus has just this month been Justice to ever bring litigation against customers. And they would not be as declared to be security, while under the Microsoft beyond this agreement, productive in their practice. I personally Proposed Judgement anything related to Sincerely, think Microsoft should be considered a security need not be disclosed even if such Alden B. Pearson Jr. national treasure. would otherwise be mandatory. Under a ‘‘sales management and marketing talent is Microsoft has made a number of important strict reading, if Microsoft adds even our only business’’ concessions to reach this settlement. The rudimentary security interfaces to its APIs 254 church street northeast— most important of these, in my opinion, is then none of those APIs need be disclosed concord, north carolina 28025–4737 Microsoft’s agreement to allow computer and there is no penalty for not disclosing [704] 786–0700 makers the option of configuring Windows them -a requirement for receiving Charlotte: [704] 377–5764 systems so as to promote software programs documentation for those APIs is that any Fax [704] 782–1358 of non-Microsoft companies. There will now business needing it must meet Microsoft- 125 Spring Street NW be greater opportunities for software developed standards of business viability; Concord, NC 280259 manufacturers and greater choice for non-businesses need not apply at all because January 23, 2002 consumers. This antitrust suit has gone on for access will simply not be available. Attorney General John Ashcroft quite some time now, and it needs to come Overall, I feel that the Proposed Final US Department of Justice to an end. I hope that the proposed Judgement is deeply flawed and should be 950 Pennsylvania Avenue, NW
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Washington, DC 20530 950 Pennsylvania Avenue, NW *did not force anyone* to use his browser. Dear Mr. Ashcroft: Washington, DC 20530 We the consumer— chose to use it because, After a three-year, costly, taxpayer-funded I am taking some time to write to you once again, it was *overwhelmingly antitrust lawsuit against Microsoft, the because I am concerned about the settlement superior* to the competitions’’. Placing MSIE federal government has finally decided to that was reached by the Justice Department in his Windows OS amounted to *an come up with an agreement under the wise and Microsoft. I am concerned that anti- option*—not a——command— -. Such leadership of Attorney General John Microsoft forces may try to disrupt the ‘‘options’’ are what allows the consumer a Ashcroft. This decision will surely prove to settlement process and apply pressure to choice; such ‘‘options’’ are the products of stimulate our lagging economy. have this case brought back to trial. innovation, which we have held as an The settlement calls for Microsoft to design This case has gone on for more than three American virtue since this republics future versions of Windows to provide a years now, and the Justice Department and inception, proudly referring to it as ‘‘Yankee mechanism to make it easy for computer Microsoft have spent an excessive amount of ingenuity.’’ makers, consumers and software developers time and money on this court conflict. The Are we to now punish Mr. Gates for that? to promote non-Microsoft software within settlement is more than fair. In fact Microsoft Are we to now listen to those who, for lack Windows. The mechanism will make it easy has agreed to give out more information to of vision or for want of ambition, could not to add or remove access to features built in competitors in this settlement than has ever successfully compete with Microsoft??! If so, to Windows or to non-Microsoft software. been disclosed by a technology firm before. then this is no longer the country of Horatio Consumers will have the freedom to choose Included in this settlement are provisions Alger. This is no longer the nation that lauds to change their configuration at any time. that will open up Microsoft’s internal achievement; a nation that is no longer the Microsoft has had enough distraction from interfaces to its competitors. By making this land of opportunity where men and women what it does best—innovation. This case is information available, competitors will be can ‘‘beat a path to the door’’ of those who above and beyond the brink of fairness. I able to create better software. On the whole make a better mousetrap. It is no longer a don’t see any need for the Department of this settlement is extremely generous to nation of laws that defends the rights of all, Justice to ever bring litigation against Microsoft’s competitors. It should be —including—- the rich; it has become, Microsoft beyond this agreement. implemented as soon as possible. instead, a nation that rewards the Sincerely, Sincerely, incompetent by looting his superior; that Anna Lee Pearson Lucille James denigrates achievement in the name of envy; Sir, I feel that Microsoft has been unfairly a nation that, in short, has come to be ruled MTC–00031947 targeted. Only the very wealthy. would be by men who, seeking the fruits of men’s Bank of America able to have were it up to Bill Gates and labor, violate the rights of the rich in the Fax Sheet Microsoft. name of the poor—thereby destroying the To: Attorney General John Ashcroft Lucille James. rights of all, rich *and* poor alike. From: Kathleen Henderson I am not in any way religious, but I pray MTC–00031949 Company; Department: PERRY HALL to whatever god there may be that you have BANKING CENTER Thursday, January 24, 2002 6:55 AM Page: 1 both the wisdom and the courage to uphold Telephone Number: 4106876320 Telephone of 3 the Jeffersonian principles of our republic Number: 410–256–1013 Fax and dismiss the case against Microsoft. If you Fax Number: 1–202–307–1454 To: Judge Renata B. Hesse do not, we will all be, not only poorer Fax Number: 410–529–9498 From: Steven Brockerman, 850–552–0926 because of it, but also—and most Date: 1–24–02 Name: Steven Brockerman importantly—no longer free. Kathleen HENDERSON Company: WrittenWord Consulting Very truly yours, 1715 HILLTOP AVENUE Voice Number: 850–523–0671 Steven Brockerman, MS Baltimore, MD 21221 Fax Number: 850–552–0926 Adjunct Professor of English January 23, 2002 Thursday, January 24, 2002 6:55 AM MTC–00031950 Attorney General John Ashcroft To: Judge Renata B. Hesse 950 Pennsylvania Avenue, NW From: Steven Brockerman, 850–552–0926 ALLARD REAL ESTATE Washington, DC 20530–0001 Page: 2 of 3 Robert J. Allard, Jr. Dear Mr. Attorney General: Steven Brockerman, MS 365 May Street I strongly encourage your Department of 3201 -C Oriole Ct. Worcester, MA 01602- 1817 Justice to enact the settlement reached with Tallahassee, FL 32308 (508) 795–7265 Microsoft. In these hard economic times, I DATA / FAX 850/552–0926 January 24, 2002 believe it is of prlme importance that this PHONE 850/523–0671 Attorney General John Ashcroft settlement be enacted. The case against EMAIL [email protected] US Department of Justice Microsoft has had a negative impact on tech January 24, 2002 950 Pennsylvania Avenue, NW stocks. I believe that the resolution of this Your Honor: Washington, DC 20530–0001 case will be beneficial to this industry. Microsoft is an American success story, the Dear Mr. Ashcroft: The case will also cause welcome change same kind of American success story found I am a supporter of the settlement that has in the industry. Microsoft will now disclose in the Horatio Alger tales, which used to be been reached between Microsoft and the the design and protocols of the Windows so popular in America. Mr. Gates overcame Department of Justice. Microsoft has agreed system to competitors. Competitors can now tremors adversity to make a better to terms that extended beyond the products use this information to design their own ‘‘mousetrap.’’ All of us are the richer because and procedures that were at issue in the suit. software that will be more compatible with of it. Are we to now seize this man’s Microsoft has agreed to share data and source Windows. This Information sharing will property, either through outright confiscation code that is internal to the Windows’ benefit consumer choice. of his business or by means of fines, operating system with their competitors. Finally as a Microsoft supporter, I hope limitations and regulations??! Microsoft will also be making future that Microsoft will be allowed to focus on Mr. Gates— has not forced anyone—- to versions of Windows to allow competitors business once again. buy his product. People have chosen the MS and consumers to remove and add certain Sincerely, OS because *it is better*—easier to use, programs within their operating system. This Kathleen Henderson relatively stable, supremely flexible, cost was the original issue initiating the lawsuit, effective, etc.—than anything offered by the and now a settlement of that issue has been MTC–00031948 competition (who, instead of fairly and freely reached. 100 Black Oak Drive competing with Microsoft, have chosen to I hope that your office will now finalize Asheville, North Carolina 28804 complain to the government). this agreement and move on to other issues January 24, 2002 Because of that, Mr. Gates was able to facing our country. Attorney General John Ashcroft introduce his internet browser, MSIE, to Sincerely, US Department of Justice millions of people. Mr. Gates—once again— Robert J. Allard, Jr.
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FROM : DR. JAMES P. VERNETTI subsequent boot sequences, or upon activities or (2) impose restrictions on PHONE NO. : 619 435 4415 Jan. 24 2002 connections to or disconnections from the continuing its anti-competitive practices. I 12:00AM P1 Internet, any Non-Microsoft Middleware if a urge the Department of Justice to renegotiate 1/21/02 Microsoft Middleware Product that provides the settlement under terms that would truly From the desk of similar functionality would otherwise be restrict Microsoft’s predatory anti- 609 1st Street launched automatically at that time, competitive activities or would breakup the Coronado, CA 92118 provided that any such Non-Microsoft company into and operating system division, (619) 435–4415 Middleware displays on the desktop no user middleware division, and applications JAMES P. VERNETTI, D.D.S. interface or a user interface of similar size division. DOJ and shape to the user interface displayed by Will Thompson c/o Ms Reneta B Hesse the corresponding Microsoft Middleware 2944 Knoll Circle To whom it may concern: Product.’’ Ellicott City, MD 21043 This note specifically states that I support This clause seems to disallow any the Microsoft settlement. competitor from offering functionality (i.e. MTC–00031952 Sincerely, icons, menus) that provides functionality MERRILL LYNCH James P Vernetti, D.D.S. similar to a Microsoft product. This would Merrill Lynch 1/23/02 have the effect of placing any competitor at Vice President Ms RENATA B. HESSE a disadvantage since they are not allowed to Senior Financial Advisor D.O.J offer a similar work environment to the end Private Client Group WASH DC FAX 202/307–1454 user. 4412 N. Brady St. PLEASE— APPROVE THE SETTLEMENT ‘‘C. Microsoft shall not restrict by Davenport, IA 52806 WITH MICROSOFT. ENOUGH TIME AND agreement any OEM licensee from exercising 563–388–2355 ### HAVE BEEN WASTED. any of the following options or alternatives: 800–937–0612 J.I. MURPHY . . john [email protected] MTC–00031951 5. Presenting in the initial boot sequence January 24, 2002 its own IAP offer provided that the OEM Atty. Gen. John Ashcroft DATE: 24-Jan-2002 complies with reasonable technical US Department of Justice AREA CODE & FAX NO. 202–307-l454 specifications established by Microsoft, 950 Pennsylvania Avenue, NW FROM Will Thompson including a requirement that the end user be Washington, DC 20530–0001 TO: returned to the initial boot sequence upon Dear Atty. Gen. Ashcroft, US Department of Justice the conclusion of any such offer.’’ I wanted to express my opinion on the MESSAGE: This clause seems again to leave it up to recent settlement of the antitrust lawsuit I have been following the United States vs. a violator of the Tunney Act to define what between Microsoft and the federal Microsoft Corporation case regarding is ‘‘reasonable’’. government, since the public comment violations of the Tunney Act by Microsoft. I ‘‘J. No provision of this Final Judgment period is still in effect. It is good to see that, have reviewed commentary on the case by such learned scholars as Justice Robert Bork. shall: after three long years of costly litigation, this I feel that the current settlement proposed is 2. Prevent Microsoft from conditioning any case is finally over. I would hope that you inadequate to remedy Microsoft’s past illegal license of any API, Documentation or will persist in doing what you can to make activity or protect the public from simillar Communications Protocol related to anti- sure that the current settlement stays as is, behavior in the future. My comments are piracy systems, anti-virus technologies, and that no more taxpayer dollars are attached. license enforcement mechanisms, squandered on further litigation. Sent by: oceaneering authentication/authorization security, or I have long felt that this case has been more 3013903908; third party intellectual property protection about helping Microsoft’s competitors 01/24/02 11:57; #948; mechanisms of any Microsoft product to any instead of helping consumers. When they I object to the proposed settlement for person or entity on the requirement that the couldn’t compete effectively in the resolving the case between Microsoft and the licensee: (a) has no history of software marketplace, they turned to the government US and various state governments on the counterfeiting or piracy or willful violation of for help. In most cases, it wasn’t Microsoft’s matter of illegal anti-trust practices by intellectual property rights, (b) has a strength in the market, but simply better Microsoft. It does not go far enough to exact reasonable business need for the API, software. A good example today is the a penalty from Microsoft for past illegal Documentation or Communications Protocol litigation launched by AOL Time Warner activity or impose sufficient contractual or for a planned or shipping product, (c) meets claiming that due to Microsoft’s power, they statutory restraints on the corporations future reasonable, objective standards established rolled over the Netscape browser costing behavior. First and foremost I noticed a lack by Microsoft for certifying the authenticity them significant market share. I was a of any definition of ‘‘Operating System’’ and and viability of its business, (d) agrees to previous user of Netscape, but switched to Middleware’’ that distinguishes between the submit, at its own expense, any computer MS Explorer simply because it was a better functionality of either. Does this not leave program using such APIs, Documentation or product. Microsoft free to create its own interpretation Communication Protocols to third-party As I understand, there will be an oversight of which category software offering a verification, approved by Microsoft, to test committee to make sure that Microsoft particular functionality falls into? Given for and ensure verification and compliance complies with all of the terms of the Microsoft’s history of incorporating with Microsoft specifications for use of the settlement. This should ensure that functionality into its definition of ‘‘Operating API or interface, which specifications shall consumers get better choices, and System’’ does this not now leave them free be related to proper operation and integrity competitors have better access to information to continue their predatory monopolistic of the systems and mechanisms identified in on product development. The end result of practice of excluding competition by this paragraph.’’ this will be a boost in the technology redefining what an ‘‘Operating System’’ is? Again the settlement relies on the violator industry, In turn, this will benefit all sectors This leaves it up to a violator of the Tunney of the Tunney Act to define which of the American economy, which have come Act to decide what is or is not illegal organizations constitute a business to rely on the technology field as an behavior. competitor. This clause would allow economic leader. It makes no sense to I also question the following sections of the Microsoft to deny access to information about continue attacking the leading company in agreement: its API and Protocols to such organizations such a vital industry. To do so does not serve ‘‘C. Microsoft shall not restrict by as the Free Software Foundation, Linux.org the economy or the thousands of agreement any OEM licensee from exercising and BSD.org and others that, if Microsoft’s shareholders who have invested money in any of the following options or alternatives: sales memos are to be credited, present a the company. . . . strong competition to their illegal monopoly. There is no reason to alter the settlement 3. Launching automatically, at the In short, this proposed settlement does or disallow it all together, and I hope that we conclusion of the initial boot sequence or little to (1) punish Microsoft for its illegal will see this whole issue come to an end as
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soon as possible so that all parties involved MTC–00031954 put out new products as it has for many can move on to more important matters. JAN-24–2002 THU 09:18 AM years. That is because Charlotte is home to Sincerely, P. 01/01 a Microsoft facility employing 1,000 workers John E. Pedersen January 23, 2002 who are much better paid than the average Vice President Attorney General John Ashcroft in this city.. With the economy in a Senior Financial Advisor US Department of Justice downturn, it is important that the companies 950 Pennsylvania Avenue, NW in our area remain strong. The last thing that MTC–00031953 Washington, DC 20530 is need is for government intervention to be THE SWEENEY GROUP Dear Mr. Ashcroft: the cause of a company’s economic problems. 6 WEST FIFTH STREET, SUITE 700 I am writing to ask that your office see fit As a state legislator, I have always been the SAINT PAUL, MN 55102 to end this case at the federal level. Although strongest advocate for government TEL: 651–223–2860 I do not agree with every move Microsoft has nonintervention into private business. FAX: 651–224–8328 made in the past, I do not think that further Instead, I have always been strong for the FACSIMILE TRANSMITTAL SHEET litigation fits the crime. Although the state providing the best education possible so TO: Renata B. Hesse settlement reached by your office in that we will have young workers prepared PROM: Brian Sweeney November calls for more concessions than when Microsoft and other companies decide COMPANY! Antitrust Division, U.S. Microsoft may have wanted, it has agreed to to locate in our state. That is why I hope that Department of Justice the conditions in an effort to move this issue we can get this phase of the Microsoft case DATE: 1/24/02 along. Nine states have approved the behind us. FAX NUMBER: 202–616–9937 agreement, and Microsoft is negotiating with Sincerely, Ms. Renata B. Hesse the remaining states to reach a conclusion. I Connie Wilson do not see what benefit will be gained from Antitrust Division MTC–00031956 U.S. Department of Justice further federal action, and frankly I feel that 601 D Street NW three years has been long enough. FROM : FAX NO. Jan. 24 2002 11:25AM P1 Suite 1200 Microsoft has granted broad new rights to Julie L. Rehder computer makers and software engineers. It Washington, DC 20530–0001 1413 Hattie Road has more or less opened its Windows FAX: 202.616.9937 Apex, NC 27602 operating system for the competition to use Dear Ms. Hesse: January 24, 2002 as a springboard for launching their own I have spent the last three years as Director Renata Hesse programs that compete with those programs Trial Attorney of Planning and Economic Development for already included within Windows. I ask if the City of Saint Paul for Mayor Norm Antitrust Division these concessions would have been Department of Justice Coleman. My main job was to ensure that we, demanded with such ferocity if Microsoft maintained, expanded, and attracted 601 D Street NW,Suite 1200 were involved in a more traditional and Washington, DC 20530 businesses and jobs’to our state’s Capital city. understandable industry. Would we mandate We I were able to,do this because we were, Re: Microsoft Case that McDonalds had to offer Burger King’s Dear Ms. Hesse: able to instill confidence in the private Whopper to al1 customers that asked for it? As a consultant, I need access to affordable market by keeping taxes low and creating Would Coke offer samples of Pepsi in each and usable technology to keep pace in a private sector incentives for development. can? More importantly, would we allow it? competitive business. I use Microsoft I’ve recently returned to the private sector as I hope this issue will be behind us as soon software because it is dependable and cost a developer and am very cognizant of the as possible. I do not completely agree with effective. I do not have access to technical fragile nature of our economy and how it will the settlement, but if allows us to move on, experts on a daily basis so problems caused impact jobs and investment, then I will give it my full endorsement, by unreliable software would delay my work The U.S. is officially in a recession clearly Please use your position to allow the IT and create dissatisfaction among my clients. exacerbated by the tragic events of September industry and the economy to grow again. I have been following the antitrust suit 11th Minnesota is suffering as a direct result Sincerely, against Microsoft to see what impact the final of this downtown evidenced by the job Irene Lovelace Executive Assistant settlement wiIl have on consumers like me layoffs at 3M, Northwest, Fingerhut, and on my clients who need easy access to American Express and several other MTC–00031955 reliable software. Microsoft has had a corporations in the Twin Cities and significant, positive influence on the growth throughout the state. In the face of these Ms. Renata Hesse Trial Attorney and success of many small businesses and troubling economic developments, one organizations. positive occurrence has taken place of late: Antitrust Division Department of Justice It appears that the proposed settlement will the settlement of Microsoft. 610 D Street NW, Suite 1200 provide a workable solution for consumers, I believe that by settling the case, our Washington, DC 20530 computer makers, software developers and nation and the nine, states in particular, will Dear Ms. Hesse, Microsoft. This solution seems fair to all be able to focus on the real issues, of our As a member of the North Carolina General parties. The consent decree allows computer troubled economy. The settlement was the Assembly from Charlotte, I would like the manufacturers to adapt the Windows system right thing for America and the right thing for heartily endorse the settlement agreement in so that other software programs that compete Minnesota. I think the fairness of the the Microsoft case that is before Judge Kollar with Microsoft can be used. Features built settlement was clear from the fact that Kotelly. The settlement not only has approval into Windows will be easier to remove. Microsoft agreed to share its intellectual, of the federal government and the company Microsoft can continue with its efforts to property and create uniform price lists for the but also the attorney general in North develop new products that benefit consumers top 20 computer makers. Carolina. and the technology industry. I will continue I, and many of my colleagues, in the As with any settlement, both sides will to be a loyal customer and look forward to corporate and financial community, support derive benefits and have to live with things advancements made as a result of the this settlement. Thank you for taking the time they may not like. But that is much proposed settlement. to listen to my position,on this matter. preferable to the continued litigation which I appreciate the opportunity to comment Sincerely, has been a big burden to taxpayers and on this case. Brian Sweeney helped bring about one of the worst Sincerely, President downturns in the stock market in recent Julie L. Rehder 6 West 5th Street, Suite 700 history. For the federal government and Saint Paul, Minnesota 55102 North Carolina to continue such litigation MTC–00031957 Phone: 651 .223 .2860 would be intolerable to me. Dear Madam or Sir, Fax: 651.224.8328 In particular, I hope that this settlement My name is Sammy E. Desmond, Jr. and I E-mail: [email protected] will allow Microsoft to continue to grow and am Senior System Analyst with a major
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chemical company. I have a Bachelor of (409) 723–3226 Technical Committee to oversee the Science Degree in Computer Science and I [email protected] enforcement of the settlement. I am therefore have over 19 years of experience with writing to convey my support of the computers. The purpose of this letter is to MTC–00031958 settlement. I am further suggesting that any submit my comments concerning the Jan-24–02 THU l0:45 AM FAX: PAGE 1 such public display of government animosity Microsoft anti-trust settlement in accordance January 22, 2002 against any sector of American business with the Tunney Act. VIA FACSIMILE always has an unfortunate effect of stifling As veteran of the computer industry and as 202–616–9937 economic growth. We have seen this here. I a parent advisor to my local school district’s Attorney Reneta Hesse am hoping that all the hostilities have been technology committee, I have seen first hand Antitrust Division resolved by this settlement. Thank you. the devastating effect Microsoft’s monopoly Department of Justice Yours truly, power has caused. There are numerous 601 D Street NW—Suite 1200 Eric S. Vail, President examples of how they abused their monopoly Washington DC 20530 3z.net a PCD Company position to stifle competition and reduce Dear Attorney Hesse: 350 Thomas More Parkway consumer choice. I am writing to express my support for the Suite 290 I have thoroughly examined the proposed goal set forth in the proposed settlement of Crestview Hills, KY 41017 settlement and cannot find anything that the Microsoft antitrust case. The New York Voice 859.331.9004 even comes close to being a remedy to the Times recently reported that 88% of Fax 859.578.3522 antitrust violations that Microsoft has already households whose income is $75,000.00 or http://www.3z.net been found guilty of. As you are well aware, higher had a computer. This number drops Microsoft Corporation has already been dramatically for households with income MTC–00031960 found guilty of abusing it’s monopoly power. below $25,000.00 This needs to be remedied. Virginia Giglio, Ph.D. At the very least, a just penalty should As part of that settlement Microsoft is President include the following: proposing the donation of approximately 18907 La Costa Lane •Restrictions must be put in place that 200,000 computers to public school students Boca Raton, FL 33496 force Microsoft to publish and fully throughout the country. Recent research (561) 852–3502 document all present and future file formats suggests that the digital divide that exists [email protected] of any documents created by Microsoft along economic lines has an adverse impact Global Thinking, Inc. application software. This will invigorate on students, schools and educational www.globalthinking.com competition from other software producers opportunity. Currently, 82% of schools in January 23, 2002 and allow the data to be read by other well to do communities are connected to the Attorney General John Ashcroft programs and on other operating systems. Internet. That number drops to 60% of the US Department of Justice, 950 Pennsylvania •Microsoft must be required to publish and classrooms in poorer communities. Avenue, NW fully document the Windows Application I support the goal of the Proposed Washington, DC 20530–0001 Program Interface (API). settlement in the Microsoft antitrust case, Dear Mr. Ashcroft: •Microsoft products must be positioned as which will provide students and teachers in I want you to know that I have been a optional, extra cost items on brand new lower income areas with access to both Microsoft supporter from the beginning of computer systems. Consumers that do not technology and computers. These students this lawsuit and will continue to be wish to purchase the Microsoft products desperately need access to technology in afterwards. I hope that the settlement that has should not be forced to do so. The current order to prepare themselves for jobs in the been proposed goes through so that we can non-optional bundling of Microsoft products 21st century. end this matter and let Microsoft get back to with new computers is sometimes referred to I would also recommend that donations to business. the ‘‘Microsoft Tax’’ in which the price of the Registry of Deeds and recording offices I run a web design firm and since our Microsoft products are included in the price desperately in need of modernization be inception we have depended solely on of the computer even if the consumer erases added to the list of places for the computer Microsoft products. Ending this case will the Microsoft products and replaces them donations. mean that my entire company can breathe a with something else. I urge the Court to approve the settlement sigh of relief and stop worrying about what •Also, any current and any future agreement. will happen to the everyday operations of our Microsoft networking protocols must be Sincerely Yours, business. I feel that building a stronger published and fully documented in full and Anthony J. Vigliotti relationship between Microsoft and other approved by independent industry bodies. software developers will be beneficial for As the Internet becomes a more important MTC–00031959 everyone. By having Microsoft share its code part of civilization, it is extremely important PCD Network Solutions, Inc. with other developers while at the same time that Microsoft does not extend its past Progressive, Consistent, Dedicated designing Windows to have increased abusive behavior into that realm. If Microsoft 3z.net a PCD Company compatibility with outside programs is is not sufficiently penalized and is allowed Attorney General John Ashcroft advantageous to the entire IT industry. We to extend its monopoly influence to the US Department of Justice have experienced this first-hand here at Internet, the results would be disastrous. As Washington, DC 20530 Global Thinking, Inc. while building the a matter of fact, the highly respected Center Dear Mr. Ashcroft, award-winning web site for one of our lines for Strategic and International Studies Even though our company is in the IT of business, NATIVECULTURE.COM—a released a study a year ago that stated Industry, as an Internet service provider, we comprehensive portal site for Native Microsoft software poses a U.S. national would not have been directly affected by this American resources on the Internet. security risk. See the following web site, lawsuit against Microsoft. That is not to say, I request that this settlement be finalized which describes this report:http:// however, that had Microsoft been broken up, as soon as possible because three years is far www.cnn.com/2000/TECH/computing/l2/29/ as anticipated by the court, consumer too long to make such a large part of our csis.microsoft.report.idg/ demand for computers, software and, economy wait for a decision that affects them In closing, history offers numerous cases ultimately, for our services, would not have directly. The IT industry as a whole needs when bad decisions were made for which been adversely affected. this situation resolved—this settlement is the future generations paid a heavy price. Please This settlement has the distinct advantage key to doing it soon. take this opportunity to properly punish of preserving the integrity of the IT Sincerely, Microsoft’s abusive behavior while there is community and will forestall any serious Virginia Giglio, Ph.D. still time. residual damage, For this reason, it is better President, Global Thinking, Inc. Respectfully, to have it sustained, rather than tossing this cc: Representative Robert Wexler Sammy E. Desmond, Jr. whole mess back into court. The settlement 3930 Suncrest is also very well drafted, providing for every MTC–00031961 Groves, Texas 77619 U.S.A. circumstance Microsoft could get into, and a Jan 24 02 10:47a
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City of Oceanside Council (760) 435–3045 commitment to bridging the technology gap, issue, We have so many other things to focus January 23, 2002 which impacts the future of so many children on as a nation; priorities that need our Renata Hesse, Trial Attorney in the Latino community As a School Board attention. We need to put this to rest. Our Antitrust Division Member, and as someone who cares deeply chamber fully supports the settlement on the Department of Justice about our community and the children and table, and we urge you to as well. 601 D Street NW, # 1200 families we serve, I want to express my full Thank you for your time on this issue. Washington, DC 20530 support for the proposed settlement and urge Sincerely, VIA FACSIMILE you to do everything possible to ensure its Karla Velez (202) 616–9937 implementation. President Dear Ms. Hesse: Respectfully, HCCSNC As part of the Tunney Act proceedings, I Hector A Chacon Cos/KV/hccletterhessell8002 submit to the court this letter to be included Board of Education Member P.O.Box 2723 as part of the public comment in the case of Montebello Unified School District Fairfield CA 94533 US v. Microsoft. I am writing the courts to Board of Education MARCELLA 707–643–5037 express my support for the proposed CALDERON, President, D., Superintendent of Fax 707–557–9844 settlement in this matter. Schools, EDWIN CHAIJ, Vice-President, e-mail [email protected] I write this letter to the courts as a citizen, Facilities / Operations, HECTOR A CHACON, businessman, and City Councilmember who Cleric, - Human Resources, FRANK A MTC–00031964 believes: a) this case has caused enough harm GOMEZ, Ph.D Member, Insructional January 18, 2002 to our country and b) that the settlement Services, RICHARD L. ADAMS 11 Member, B.D.M. more than adequately addresses the issues of Business Services. BY DESIGN Multimedia concern in US v. Microsoft. ADMINISTRATION: M. MAGDALENA PUBLIC RELATIONS EVENTS First of all, as a concerned civic activist, I CARRILLO MEJIA Phd., PAMELA T. ADVERTISING MARKETING believe the case against Microsoft has JOHNSON, Assistant Superintendent, 308 Ohio Street Vallejo CA 94580 brought irreparable damage to the state of our SHARON I. NOMDIEM, Assistant 707/644–4218 Fax 707/557–9844 national economy. One can trace the end of Superintendent, EUGENE C. KERR, Assistant By DesignM.com our boom era right back to the day Judge Superintendent, GLENNJ. SHEPPARD, Ms. Renata Hesse Jackson called for Microsoft to be broken up. Business Manager, EDWARD VELASQUEZ, Trial Attorney Microsoft’s innovations and investments was Administrative Assistant. Antitrust Division probably the largest economic engine the Department of Justice MTC–00031963 technology industry had. US v. Microsoft has 601 D Street NW, Suite 1200 brought everything to a grinding halt. To HCC SOLANO / NAPA Washington, DC 20530 reject this settlement would unnecessarily EXECUTIVE BOARD: President, Karla Velez, Dear Ms. Hesse, ensure the slow down to continue North American Title, Vice President, I am writing to urge you to support the indefinitely. For this reason, I believe the Legal Counsel; Anthony R. Perez, Attorney settlement between Microsoft and the settlement should be accepted. At Law, Treasurer, Finance Director, R. government. I know there is a window of Secondly, I believe the settlement Margarita Delgado, North American, time when the public is encouraged to adequately addresses the issues of concern Mortgage Co., Secretary, Public Relations; provide input on the settlement. As a small and ensures Microsoft is forbidden from Carlos E. Solorzano, BDM, Community business owner I work very hard to keep my behaving in an anticompetitive fashion. Chair; Omar Martinez, Ultra Sound, business going. However, I am taking a few Because of the microscope the company will International. minutes out of my day to write this letter operate under, and the restrictions put in ADVISORY BOARD: Rhuenetta L. Alums. because I feet very strongly about this issue. place by the settlement, it cannot rationally Pacific Bell, Coco Corona. Microsoft acted unfairly and improperly in be argued that monopolistic actions will BY DESIGN: Multimedia, Manny Cosma, its business dealings. I appreciate the occur in the future. For this reason, I believe PayRoll Partners, Carlos R. Gutierrez, government watching out for me both as a the settlement should be accepted. Bernheim Gutierrez, Levin & McCready, small business owner and as a consumer. I thank the court for their time and Law; A. Raul Hernandez, Hood & Strong, Having sald that, I also feel enough time and providing the public with an opportunity to CPA’s; Frances Palacios, Univision 14 money has been spent on this issue. The comment on this case. I hope the settlement KDTV. settlement is amenable to both the will be accepted, and that US v. Microsoft January 18, 2002 government and Microsoft. The goals have will finally come to an end. Ms. Renata Hesse been accomplished. Microsoft will have to Sincerely, Trial Attorney watch its business: practices, monitored by JACK FELLER Antitrust Division an oversight committee. CIVIC CENTER Department of Justice Again, I urge you to support the settlement o 300 NORTH COAST HIGHWAY 601 D Street NW, Suite 1200 agreed to by the government, nine of the o OCEANSIDE, CA 92054–2885— Washington, DC 20530 states and Microsoft. TELEPHONE 760–435–3056—FAX 760– Dear Ms. Hesse: Thank you for your time on this important 435–6016 As an organization based on business and matter. Email: [email protected] aiding businesses in their goal of being Sincerely, successful, our chamber is concerned with Coca Corona MTC–00031962 the seemingly endless legal pursuit of President January 23, 2002 Microsoft. This is a free market economy BDM Ms. Renata Hesse Microsoft is one of the most successful Trial Attorney, Antitrust Division companies in the global market. The ongoing MTC–00031965 Department of Justice litigation against Microsoft is punishment for January 24, 2002 601 D Street, NW, Suite 1200 this success. United States Department of Justice Washington, DC 20530 Majorities of our members are small Attn: Ms. Renata B. Hesse I am writing to you today to voice my business owners. We appreciate that your Antitrust Division support for the proposed settlement that has efforts are meant to be watching out for the 950 Pennsylvania Avenue, NW been reached between Microsoft and the consumers and the small business owners. Washington, DC 20530–0001 Department of Justice. The remedies However, we believe the settlement on the Dear Ms. Hesse: proposed in the settlement are adequate and table between Microsoft and the government I am writing to you in support of the recent they fairly address the issues raised in the is sufficient in its punishments and new Department of Justice settlement with the lawsuit. The impact of Microsoft’s donations guidelines laid out for Microsoft, Our main Microsoft Corporation. The country is at war, to the Latino community in the past is concern at this point is the length of time and the economy is sour and the business indisputable. They have demonstrated their the money continuing to be poured into this community is struggling. Yet, the U.S.
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Department of Justice is spending millions of government and Microsoft ironed out. I Dear Mr. Ashcroft: dollars in time and resources on the believe this could be the first step toward I am writing to express some of my views Microsoft settlement. restoring prosperity to the high technology regarding the Microsoft antitrust case. I I believe it has been a waste of taxpayers sector in the U.S. The provisions in the understand that there was merit behind the dollars, my understanding is that it has cost settlement allow Microsoft to decide which issues that brought about the lawsuits, but us over $30 million. This has been a products and features it may provide to its that was three years and countless taxpayers’’ competitor driven lawsuit and it has customers and how to price them, and this dollars ago. This matter needs to be brought hampered high tech innovation. If should benefit consumers. Now more than to a conclusion. Microsoft’s competitors would spend time ever, we need to do what is best for our I work in the technology industry as a and money on their own research and nation and to help it regain its economic seller of hardware and software to schools. I development, instead of this lawsuit, all strength and prosperity. have not been directly impacted by the case, consumers would benefit. Best regards, but the uncertainty surrounding the Enough is enough, let’s settle this lawsuit Ron Koch conclusion leaves me feeling uneasy. and move forward. Thank you for your January 18, 2002 Microsoft does make important concessions attention to this matter. Ms. Lois Koch such as agreeing to disclose some of its code Sincerely, 14568 Woodland Ridge Drv. and allowing a technical committee oversee Cheryl Friske Centreville, VA 20121 the settlement’s execution. Events Director Ms. Renata Hesse I hope that this case will soon be behind MTC–00031966 Department of Justice us. Not only does the settlement address the 601 D St., NW Suite 1200 current concerns, but it provides for ways of January 15, 2002 Ms. Tricia Denton Washington, D. C. 20530 dealing with future problems as well. I hope 9033 Coriander Circle Dear Ms. Hesse: your office will do everything possible to Manassas, VA 20110 I would very much like to see the final allow the IT industry and the economy to Ms. Renata Hesse stages of the settlement between the federal move forward. Department of Justice government and Microsoft ironed out. I Sincere1y, 601 D St., NW Suite 1200 believe this could be the first step to ward John Pexton Washington, DC, 20530 restoring prosperity to the high technology Account Manager sector in the U. S. The provisions in the Dear Ms. Hesse: MTC–00031970 I believe the settlement between the federal settlement allow Microsoft to decide which government and Microsoft would be the first products and features it may provide to its Renata Hesse step toward restoring prosperity to the high customers and how to price them, and this Trial Attorney technology sector in the U.S. Consumers will should benefit consumers. Now more than Antitrust Division benefit from the provisions in the settlement ever, we need to do what is best for our Department of Justice that allow Microsoft to decide which nation and to help it regain its economic 601. D Street NW, Suite 1200 products and features it may provide to its strength and prosperity. Washington, DC 20530 customers and how to price them. This Best regards, Dear Atty. Hesse: appears to be the best move for consumers Lois J. Koch The Educational Association of Worcester wishes to add its support to the position and for our ailing economy. It is time to do MTC–00031967 whatever it takes to move our country in the expressed by NEA President Bob Chase right, positive direction. January 23, 2002 regarding the Microsoft case. Urban school Sincerely, Renata Hesse systems such as Worcester, Massachusetts Patricia R. Denton Trial Attorney struggle to provide computers and computer January 15, 2002 Antitrust Division technology training for the entire school Mr. Steve Denton Department of Justice population. Many of our students do not 9033 Coriander Circle 601 D. Street N.W, Suite 1200 have home access to computers and rely Manassas, VA 20110 Washington, DC 20530 totally on school to provide them with this Ms. Renata Hesse Dear Ms. Hesse: exposure and experience. The teachers need Department of Justice As a consumer of high-tech products, I am technology training to integrate the computer 601 D St., NW, Suite 1200 writing this letter to register my support for use into the full curriculum and often find Washington, DC. 20530 the recently negotiated settlement of the that the school system has financial Dear Ms. Hesse: Microsoft lawsuit. It is clear that the best constraints against providing this help. I strongly support the settlement between interest of all is for a quick resolution of this Computers and other equipment have often the federal government and Microsoft, and I long and expensive lawsuit. Though some been closed out in various businesses and believe that it could be the first step toward will say the terms of the settlement are not then donated to schools. The schools have restoring prosperity to the high technology stringent enough, I think it preferable to find then discovered that these do not work well sector in the U.S. Consumers will benefit a workable solution rather than mete out or consistently. Students and teachers then from the provisions in the settlement that crippling sanctions against Microsoft that find enthusiasm and plans derailed and it is allow Microsoft to decide which products will do nothing more than dull America’s extremely difficult to resurrect later. Service and features it may provide to its customers cutting-edge technological superiority. contracts and constancy in training are vital and how to price them. It’s time to do what Antitrust laws were meant to protect components to equalize learning experiences is best for consumers and for the economy consumers, yet at no time during this case for all students. and this settlement seems to move the has anyone shown Microsoft has done harm The proposed settlement to United States country in the right, positive direction. to a consumer. I say it is time to put an end v. Microsoft is a reasonable attempt to redress Sincerely, to this competitor-driven pursuit and let these problems. Please regard the EAW/ Steve Denton technological innovators, such as Microsoft, MTA/NEA as supporting this settlement January 18, 2002 continue to fight it out in the marketplace, agreement. Mr. Ron Koch not the courtroom. Sincerely, 14568 Woodland Ridge Drv. President Janet Gutkoski Dufault Centreville, VA 20121 The Colony Chamber of Commerce President Ms. Renata Hesse Department of Justice MTC–00031968 MTC–00031971 601 D St., NW, Suite 1200 January 23, 2002 Renata Hesse Washington, DC 20530 Attorney General John Ashcroft Antitrust Division Dear Ms. Hesse: US Department of Justice Dept. Of Justice 601 D St. NW, Suite 1200 I would very much like to see the final 950 Pennsylvania Avenue, NW Wash. DC 20530 stages of the settlement between the federal Washington, DC 20530–0001 Jan. 23, 2002
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Dear Big Government, industry’s problems and potential in North industry to slow down, or to progress at the In my humble opinion as a consumer and Carolina and across the nation. It is clear to pace set by the monopoly. Such ill effects are citizen I would like to see the Microsoft case me that continued litigation in this matter bound to happen, sooner or later, despite the finally be resolved. The compromise serves neither the industry nor the consumer company’s denials, simply because of human settlement that is being reviewed is fair and well. Now that a settlement has been nature. People run companies, and people needs to be completed. negotiated that provides broad protections produce and innovate best in an environment The sooner this is done the better. All of against illegal behavior by Microsoft, I am of freedom, openness, and reasonable this litigation, expense, and time only results hopeful that the courts will bring a close to pressure induced by fair competition—this is in a negative impact on the country. My tax this litigation. It would be a step forward for just a basic principle of the free enterprise dollars are being consumed, the cost of the economy of this state and for the entire capitalism system. Microsoft will not escape technology is going up and technical nation. any of this. and many, including myself, say innovation has been slowed. Sincerely, ill effects are already taking place. Please approve the settlement in the Mark B. Edwards, Jr. Communism was in my view, the ultimate Microsoft case and lets move on. 6325–9 Falls of Neuse Rd., form of monopoly. History has taught us how Thank you, Suite 262 wrong this concept was. Considering that Jay Rusnock Raleigh, NC 27615 today, at the dawn of the Information Age, 20 Phyllis Rd. Phone 919/696–6154 virtually every government, enterprise and Wapp. Falls, NY 12590 individual relies on the computer industry, a H: 845–297–5315 MTC–00031974 monopoly in that industry tragically affects F: 845–298–7233 Thursday, January 24, 2002 the entire economy, and even democracy, so MTC–00031972 Renata Hesse, Trial Attorney, I think the analogy holds. Suite 1200, Antitrust Division, When a monopoly is torn down, its State Senator Department of Justice, industry is free to flourish again. The Kevin Shibilski 601 D Street NW, telephony industry would likely not be January 24, 2002 Washington, DC where it is today had the Bell monopoly not Renata B Hesse 20530 been broken in 1982. The Internet, which Antitrust Division Good day, plays major roles in today’s economy, is not US Department of Justice I have worked in the computer industry for the product of any monopoly; it was born in 601 D Street NW 20 years, using IBM mainframes as well as the more opened Unix world. The concept of Suite 1200 various Unix and Windows machines, graphical user interfaces was not invented by Washington, DC. 205030–0001 specializing in both technical support and Microsoft, which merely improved and Dear Ms. Hesse; software development. My opinion is also marketed it (the idea itself was born in the I am writing to urge you to support the inspired from plain common sense. I believe Xerox Palo Alto research center, and it was recent settlement between Microsoft and the the proposed final settlement is a setback for also commercialized earlier by Apple— Department of Justice. I believe it is in the the world economy, and a severe disservice actually the complete story is much more best interest of the economy and our nation’s to present and future generations. My point complex than that). There certainly are many consumers for the case to be resolved. is simple: Monopolies cannot play a useful more examples proving that freedom, and In particular, I support the goals set forth role forever. competition yield to motivation, which in in the proposed Microsoft class action I think one way that monopolies are turn yields to best innovations and true settlement agreement to establish an initially useful is in bringing to market some progress. independent foundation comprised of innovative products that establish directions Blessing Microsoft’s monopoly will, at educators that will distribute technology and de facto standards, which is certainly best, slow down the computer industry. More funds, computers and software to the preferable to chaos resulting from too much realistically though, it will keep the quality country’s poorest schools and provide for competition. Microsoft deserves a lot of down. Unfortunately, one area in which teacher training. Again, I encourage the Department of Justice to accept the proposed credit for having popularized easier to use Microsoft Windows is particularly weak is settlement. computers. They forced the industry to focus computer security. The fact that successful Thank you for your attention in this matter. on this issue. As a result, today most security attacks cost companies huge Sincerely, business and home users expect to interact amounts of money is already bad enough. But KEVIN SHIBILSKI with any software application in a standard even worse is the possibility, which no one State Senator way. This has been a definite step forward, can totally dismiss, as some credible studies, District 24 compared to the days when every application have suggested, that a computer system KW:ks came with its own way of using it. This break-in results in a genuine catastrophe State Capitol, certainly helped tremendously in bringing causing loss of human life. It is therefore PO. Box 7882, computers to the masses, which in turn critical that computer security be tightened Madison, Wisconsin 53707–7882 played a major role in supporting the as much as possible. But Windows is Phone: (608) 266–3123 computer revolution, as no industry could inherently insecure due to its very Toll-free exist without consumers. In my view, this is architectural roots. I do not believe that Hotline: l-800–362–9472 Microsoft’s most important contribution Microsoft, especially as a monopoly, can (even though I disapprove some of the quickly and completely bring Windows MTC–00031973 marketing approaches they used to achieve security at the level offered today by other Mark B. Edwards, Jr. it), but there certainly are others. operating systems. I urge you to reconsider President However, I think in general monopolies the proposed final settlement. A minimal Renata Hesse tend to become counter-productive as time appropriate penalty must make it mandatory Trial Attorney goes by. Any company holding a monopoly to clearly separate the sale of hardware and Antitrust Division eventually takes its market for granted. Once operating system software, as well as to Department of Justice established, a monopoly just no longer needs publish the hooks into Windows along with 601 D Street NW, Suite 1200 to truly innovate. Its size alone makes it less file formats and communication protocols, so Washington, DC 20530 efficient and slower. In the absence of that third parties can more easily write better Fax 202–616–9937 competition-induced pressure, productivity interoperable Widows applications. On top of [email protected] and quality tend to go down. Prices may be that, I would favor any measure forcing Dear Ms. Hesse: set too high. New products may be held back Microsoft to compete rather than control. My I write to support the proposed consent in order to extract more money from the favorite scenario would involve releasing the decree in the federal government’s antitrust market using current products (this is one entire Windows operating system in the lawsuit against Microsoft Corporation. reason why Gene Amdahl started his own public domain, or the open source As a writer and researcher, I have been a company, in 1970, to compete against IBM community (a ‘‘source’’ is the text or human close observer of the information technology mainframes). In short, a monopoly causes its readable form of a computer program). That
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certainly would be a penalty, encompassing Ms. Renata Hesse, Trial Attorney do so. The price difference between a all the minimum attributes I listed above. In Antitrust Division, Department of Justice computer with and without Microsoft addition, that would automatically split 601 D Street NW, Ste. 1200 software must reflect the true cost of such Microsoft, leaving it with Windows Washington, DC 20530 software to the consumer. applications in a market where it would have Dear Ms. Hesse: • Second, Microsoft’s present and future to compete. And potentially, some of the best I understand that the courts have asked the document file formats (Word, Excel, etc.) minds of the open source community could public to direct their comments and concerns must be fully documented and made public, start to generally improve Windows, fix bugs on the case of US v. Microsoft to you. I am so that documents created in Microsoft in it and make it more secure, ultimately writing this letter because I do not believe applications may be read by other programs making it more useful for everybody. That that we should continue to pursue this case. such as Word Perfect, Star Office and other scenario would also encourage more people I felt compelled to write this letter after programs from different manufacturers. I to adopt better and more secure operating reading an article in the Orange County would even go so far as to suggest that systems that are already available today. Register on January 18th. Microsoft be required to completely abandon Regards, The article outlined over $1 million dollars its proprietary file formats and to use instead Marcel Frechette in important local projects that will be cut a standard format such as XML. In addition, 1280 Beaujolais this year due to a lack in funding. Because Microsoft should be required to adhere Longueuil (PQ) of fiscal mismanagement in our state a food precisely to the standard XML format and not CANADA truck will not get $35,000; a shelter for be allowed to deviate even slightly from it. J4M 2X9 abused women will not get $150,000; Little • Third, all Microsoft networking Email: [email protected] League programs for the needy will go protocols must likewise be fully documented MTC–00031975 without funding; a crosswalk will not be and approved by an independent network built; a criminal tracking system will not be protocol body. This is necessary to prevent DEPT. OF JUSTICE subsidized; a senior food bank will not get Microsoft from taking control of the internet, MS. RENATA B. HESSE the money it needed—the list goes on and on thus making it impossible to use the internet DEAR MS. HESSE, and on. And this is just in Orange County. with other operating systems and software. I SUPPORT THE MICROSOFT Every county in the state will go through I am very concerned about the fact that a SETTLEMENT AND URGE YOU TO DO LIKE similar cuts. computing monoculture has developed in WISE. This all goes back to the Microsoft case this country and that this makes not only the SINCERELY, because our elected officials are making poor internet but our business and government Danny A. Carretta decisions. To choose to spend our money on infrastructure highly vulnerable to attack by Mr. Danny A. Carretta issues like the Microsoft case rather than terrorists and others who would do us harm. 8321 Albia St. building crosswalks is special interest It is imperative that Microsoft be constrained Downey, CA 90242–2538 politics gone too far. Attorney General from further anti—competitive activities so MTC–00031976 Lockyer will continue spending money going that competition can develop in the arena of LAW OFFICES OF CHARLES TILLMAN after Microsoft even thought the state of computer operating systems and software. A RAMSEY California doesn’t have the funds. stronger remedy than the one proposed will 3014 Market Street Now is the time to end the case against benefit everyone, including those who Oakland, CA 94655 Microsoft and ensure that our government choose to use Microsoft’s products. Phone 510.444.4721 spends money on real issues. I urge the Sincerely, Fax 510.444.5091 courts to approve of this settlement. Benjamin R. Bullock Sincerely, January 23, 2002 MTC–00031979 Ms. Renata Hesse Michele Nash-Hoff FROM : SMITH-CENTER/IRBD PHONE NO. Trial Attorney, Antitrust Division President : 510 885 4222 Jan. 24 2002 01:34PM P1 Department of Justice MTC–00031978 601 D Street, NW, Suite 1200 CAL STATE HAYWARD Washington, DC 20530 FROM : CAMBRIDGE SPRINGS PUBLIC LIB.. CALIFORNIA STATE UNIVERSITY, Dear Ms. Hesse FAX NO. : 814 398 4784 Jan. 24 2002 HAYWARD I support for the proposed settlement that 01:43PM P1 25800 Carlos Bee Boulevard, Hayward, has been reached between Microsoft and the 24677 Kreitz Road California 94542–3068 Department of Justice. As a school board Cambridge Springs, PA 16403 School of Business and Economics member, I serve a district with a high January 23, 2002 Department of Economics percentage of underprivileged families. The Renata Hesse, Trial Attorney Telephone (510) 885–3275 or 885 3265 Fax: impact of Microsoft’s donations to Suite 1200, Antitrust Division (510) 885–4796 underprivileged communities in the past is Department of Justice January 24, 2002 indisputable. They have demonstrated their 601 D Street NW Ms. Renata Hesse commitment to bridging the technology gap, Washington, DC 20530 Trial Attorney -Antitrust Division which impacts the future of so many children Dear Madam: Department of Justics served by my district and in underprivileged As someone familiar with computing and 601 D Street NW, Suite 1200 communities across the country. the computing industry and also with the Washington, DC 20530 As someone who cares deeply about our negative effects of Microsoft’s monopoly in Dear Ms. Hesse: community and as a school board member operating systems and software, I do not see Nearly $35 million has been spent in the concerned about the children and families in how the proposed settlement can remedy the Microsoft cases allegedly to protect my district, I want to express my full support antitrust violations for which Microsoft has consumers. The truth is that consumers were for the proposed settlement agreement. been found guilty. Because Microsoft has not damaged by Microsoft activities and in Respectfully, already been found in violation, and this is fact benefited from the company’s efforts. It CHARLES RAMSEY the penalty phase of the case, the settlement is the litigation that hurts consumers by School Trustee should contain penalties that will promote delaying the introduction of new products West Contra Costa Unified School District competition and prevent any recurrence of and improvements on existing products. antitrust violations by Microsoft. I would Antitrust laws are supposed to protect MTC–00031977 suggest that there are, at minimum, three consumers not Microsoft’s competitors. Over Jan-24–02 10:40 additional features that the settlement should the years the price of computers and software P.O. Box 600505’’ include. has plummeted, and consumers have voiced San Diego, CA 92160 • First , Microsoft‘s products must be their support for standardization and (619) 265–7607 extra-cost options in the purchase of new compatibility with their purchasing power. (619)583–2718 Fax computers, so that users are not forced to Consumers have been getting better and January 24, 2002 purchase the software if they do not wish to better deals from Microsoft. The antitrust
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laws should not be used to punish Microsoft should be made public. This will help insure Sincerely, for being good at what it does and having that data or documentation I create will be A.P. Van Meter loyal, grateful customers. available to me in any perpetuity. It will also 9055 196th Southwest At a time when our country is struggling allow others to create programs that can Edmonds, WA 98026 to meet its financial obligations, wasting meaningfully compete with Microsoft MTC–00031982 more money on this ill-conceived lawsuit is products. Please make no mistake in my almost a crime. I ask you please approve the intent for this remedy. The specifications ATTENTION: Ms,Renata B. Hesse settlement immediately. The sides have come must be made part of the public domain. I support the Microsoft settlement. to agreement. There is no need to continue Restriction to ‘‘commercial’’ entities is Please approve the settlement today. wasting precious resources on this. simply wrong. Open Source software Chester J Wojcik initiatives should be allowed to make use of Sincerely, MTC–00031983 Charles Baird, Ph.D. this information. Professor of Economics and Again, my concern is for the availability FROM: Orlando Cano c/o Speaker Frank Chairman of the Department and security of the data that I create today Chopp THE CALIFORNIA STATE UNIVERSITY going forward into the future. 2) Any ADDITIONAL MESSAGE: Maritime Academy Microsoft networking protocols must be STATE REPRESENTATIVE published in the public domain and 43rd DISTRICT MTC–00031980 approved by an independent networking FRANK CHOPP JAN. 24. 2002 2:48PM CYPRESS COLO. protocol body. I suggest the government SPEAKER OF THE HOUSE DESIGN CENTER NO. 6592 P. 1 request the Institute of Electrical and State of To: Electronics Engineers (IEEE) initially preside Washington Renata Hesse, Trial Attorney over such a networking protocol body as an House of Suite 1200 independent and impartial organization. (In Representatives Antitrust Division the spirit of fu1l disclosure, I am a member THE SEAL OF THE STATE OF Department of Justice of the IEEE.) I already see Microsoft limiting WASHINGTON 1889 601 D Street NW access to web sites that do not use Incernet RULES Washington, DC 20530 Explorer. This remedy would help prevent CHAIRMAN facsimile: 202–616–9937 or 202–307–1545 MiCrOSOft from partitioning the Internet January 24, 2002 e-mail: [email protected] into Microsoft and non-Microsoft spheres by Renata B. Hesse From: John Tiede appropriating already existing standards. 3) Antitrust Division 1607 N. Weber Street Microsoft products should not be bundled as U.S. Department of Justice Colorado Springs, CO 80907 a hidden cost of buying a computer. The 601 D Street NW Subject: U.S. v. Microsoft Request for Public choice of buying a computer without any Suite 1200 Comment Microsoft products must be present. The real Washington, DC 20530–0001 MS. Hesse: cost of Microsoft products should be Re: Proposed Settlement Agreement in US v. This fax is a response to a request for presented to the consumer. Without this, Microsoft there will not be meaningful competition in Dear Ms. Hesse: public comments by the court hearing the the OS marketplace. Microsoft is a company that has long case U.S. v. Microsoft. I understand the 4) Microsoft should be prevented from provided good products to consumers. The request for comments is a part of the penalty entering into exclusive arrangements with provisions of the settlement will give phase of the litigation and Microsoft has been computer vendors. These arrangements have consumers greater choice when purchasing found guilty of violating Sections 1 and 2 of been used as rewards and punishments of or upgrading computers and software. the Sherman Antitrust Act. computer vendors in the past and serve only Consumers can continue to expect quality By virtue of Microsoft’s de facto monopoly to maintain monopoly status for Microsoft. new products from Microsoft and can expect of the Operating System (OS) market, I am Sincerely yours, these products to work more easily with compelled to use Microsoft products. I would John W. Tiede competitor’s software as well. not use those products if I had the choice. January 24, 2002 I support the Department of Justice and the There are two reasons that I am forced to use nine Attorneys General for their efforts to Microsoft products. These reasons provide MTC–00031981 strike a balance between the interests of the rationale for my proposed remedies. First, Attorney General John Ashcroft Microsoft and its competitors by designing a an overwhelming majority people use the US Department of Justice settlement that is in consumers’’ best interest. Microsoft OS and their associated office 950 Pennsylvania Avenue, NW Sincerely, products. I must communicate with them. If Washington, DC 20530 Frank Chopp I can not communicate, I will suffer a great Dear Mr. Ashcroft: Speaker economic loss. This is commonly referred to I truly appreciate the fact that the Attorney as a network effect and Microsoft has General had the courage to do the right thing MTC–00031984 brilliantly exploited it. Second, because by ending the Justice Department’s three-year Michael Gracie Microsoft has kept their software file formats antitrust lawsuit against Microsoft with a 3047 North College and interfaces secret, others cannot strong and binding agreement. If this doesn’t Fiesta Square functionally duplicate these products. help to boost our sagging economy, I don’’ t Fayetteville, AR 72703 It is my belief, based on Microsoft’s past know what will. 501–582–5092/877–744–5092 actions, they they wish to extend their reach Microsoft did not get off easily. The fax: 501–571–1452 beyond the PC desktop to control of settlement was arrived at after extensive ITec networking protocols for the Internet and act negotiations with a court-appointed Information Technology as its gate keeper. This is their ‘‘net’’ mediator. The company agreed to terms that EDUCATION CENTER initiative. This would have devastating extend well beyond the products and Facsimile Transmittal sheet consequences for the U.S. economy and procedures that were actually at issue in the To: Attorney General John Ashsroft security. Microsoft has stifled innovation by suit—for the sake of wrapping up the suit. From: Michael Gracie its monopolistic practices. Microsoft Enough is enough. Microsoft even agreed Company: products are notorious for their lack of to document and disclose, for use by its Date: security and vulnerability to attack by the rivals, various interfaces that are internal to Fax Number: 202–307–1454 technically unsophisticated (i.e., ‘‘script Windows’’ operating system products—a first RE: Microsoft kiddies’’). in an antitrust settlement. cc:Rep Boozman The remedies I propose in this case are: 1) In conclusion, the government should January 16, 2002 All specifications for present and future never again have to sue Microsoft beyond Attorney General Ashcroft Microsoft file formats and Operating System this agreement. This case has gone far US Department of Justice Application Programming Interfaces (API) enough. 950 Pennsylvania Avenue
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Washington, DC 20530 Mark Mills for being successful. America’s computer is Dear Mr. Ashcroft, President the world’s gold standard, and Microsoft is I am writing to convey my support for the 1832–2 CAPITAL CIRCLE N.E., mainly responsible for this. While the recently negotiated settlement between TALLAHASSEE, FL 32308 settlement actually limits Microsoft’s own Microsoft and the Department of Justice. As MAILING ADDRESS: P.O. BOX 10052, competitiveness, it will certainly address the the rhetoric in this suit progressed, it became TALLAHASSEE, FL 32302–2052 issues alleged in the lawsuit. Microsoft will increasingly clear that motives on both sides PHONE: 850.942.4445 www.yumasol.com allow computer makers to pre-install had degenerated to the point of bitter, FAX: 850.942.7354 programs such as Netscape or AOL IM within childish rivalry, rather than constructive Windows without retaliation. Microsoft is progress. Ultimately, the threat to break MTC–00031986 also giving its competitors access to their Microsoft up proved to be overenthusiastic. EFN intellectual property that they worked so While this entire fiasco has impacted my Educatior’s Financial Network hard to develop. The proposed settlement is business very little, it simply would have Fax: 202–307–1454 a just solution to an unjust lawsuit. complicated our business if we had to deal Your Partner for Financial Success Since Our country’s economy needs Microsoft with two, three, or ten ‘‘Baby Bills’’ rather 1983 more now than it has in recent years. Let’s than one. Phone 425.745.4997 get this case behind us and get back to work. This settlement at least has the advantage Toll Free 800.851.2521 Please accept the settlement. of sidetracking that possible eventuality; Fax 425.338.2071 Sincerely instead, Microsoft has agreed to some very Email: [email protected] William Bero stringent limits on their business practices, 16000 Bothell Hwy., Suite 150 CC: Representative Marty Meehan such as licensure and software design. This Mill Creek, WA 98012 MTC–00031988 settlement reassures the IT community and www.cfn.com the purchasing public that they can expect January 24, 2002 Jan 25 02 02:07p P.1 much of the same quality and consistency Attorney General John Ashcroft Michigan School Board from Microsoft in the future, as they have United States Department of Justice Leaders Association experienced in the past. 950 Pennsylvania Avenue NW www.msbla.org Sincerely, Washington, DC 20530 1137 Briar Ridge Lane, Ortonville, MI 48462 Michael Gracie Re: Microsoft Settlement MSBLA IT Director Dear Mr. Ashcroft, FAX cc: Representative John Boozman Formerly As a resident of Mukilteo, Washington, all To: Renata B. Hesse. Antitrust Division STAFFMARK TRAINING CENTER that happens at Microsoft directly affects my From: Lori Yaklin. 810.668.7667 www.itecworks.com family. We have watched this company Fax: 202.307.1454 provide jobs, build a solid economy for our Date: January 24, 2002 MTC–00031985 area and give people a software product par Thomas E. Bowles solutions, inc. excellence. As a financial planner, I have Chairman January 21, 2002 watched retirement portfolios drop in direct 3122 Rivershyre Parkway Renata B. Hesse correlation to the price of Microsoft stock. P.O. Box 608 Antitrust Division The past three years have been very hard Davison, Michigan 48423 U.S. Department of Justice on our area well as America’s economy. One (810) 658–7667 601 D. Street NW, suite 1200 of the major reasons for this was the antitrust Fax: (810) 658–7557 Washington, DC 20530–0001 suit against Microsoft. www.msbla.org Dear Ms. Hesse: I am in full support of any settlement that The Microsoft case has occupied the As a business owner I am greatly ends litigation against Microsoft. Continued attention of the Justice Department and the concerned about competition being stifled in legal action might have a disastrous affect. To American legal system for untold thousands America. I am specifically speaking of the get things moving in the right direction, of hours and captured the attention of ludicrous lawsuit against Microsoft. That is Microsoft has agreed to give its competitors millions of people. The opinions voiced why I am writing to lend my support for the data that is sensitive to the internal design of about the case are varied. settlement of the Microsoft antitrust case. Windows. This will allow companies to If we break down this anti-trust case, we I personally watched as this case dragged produce software that competes with can see that a true monopoly turns out poor itself out: endlessly running through Microsoft’s, which will give consumers more products at exorbitant prices. In fact, if you dramatic public relations campaigns and of a choice. have a good product at a fair price, it is safe taking up much of the nightly news. This I am in full support of this settlement, and to say that you couldn’t possibly have a consequently has caused consumers, such as encourage you to approve it as soon as monopoly. This is why so many people are myself, to wonder if and when I would be possible. confounded why the government went after able to use updated software that would Sincerely, Microsoft—a company that produces great enable my business to run more smoothly. Sarah B. ‘‘Sally’’ Jacobsen products at competitive prices. Microsoft is the key player behind America’s Microsoft has always improved its technology dominance; their contributions MTC–00031987 products with an eye toward consumer have actually allowed competitors to evolve. William Bero demand. Windows has undergone several I guarantee that every person who works for 1285 Old Marlboro Road revisions and improvements over the years. the competition knows Windows extensively. Concord, MA 01742–4739 Along the way, Microsoft has phased in and When Microsoft became burdened with this January 22, 2002 phased out software for the Windows case, it robbed the company of resources to Attorney General John Ashcroft platform that has met—or failed to meet— focus on their core business operation. I read U.S. Department of Justice consumer demand. that because of the Microsoft settlement 950 Pennsylvania Avenue, NW The Court of Appeals, using ‘‘consumer computer makers can now eliminate Washington, DC 20530–0001 harm’’ as its measure of anti-trust behavior, Windows from their systems if they so desire. Dear Mr. Ashcroft: was right to overturn a lower court ruling last That shouldn’t hurt the competition any! I would like to urge you to lend your year in the U.S. v. Microsoft case. Microsoft, I am glad that the case was settled between support to the settlement reached in the because of fierce competition in the the Justice Department, the nine states, and Microsoft case. This settlement is more than technology industry and in response to Microsoft. Please, let us settle this and allow fair and will certainly restore fair consumer demand, has always improved its America to grow and progress in the competition in the computer industry. products according to customer feedback. technology world. Microsoft has been an innovator and an Today the entire Windows platform retails Thank you for your time and concern asset to the economy. This lawsuit has less than anyone would have imagined regarding my letter. dragged on for too long already, and at this possible when PCs came into the market back Sincerely. point it is just a punishment for a business in the 70s and 80s.
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If the Court is interested in taking down an Microsoft has tried consistently to work January 24, 2002 insidious monopoly, we respectfully suggest more closely with AOL in a variety of areas, Attorney General John Ashcroft they stop trailing innovative, competitive including improvement of instant messaging US Department of Justice companies and instead knock on the door of interoperability, getting fair and open access 950 Pennsylvania Avenue, NW the government-run education system which to AOL’S dominant cable assets and Washington, DC 20530 has caused irreparable damage to a partnering on technology standards which Dear Mr. Ashcroft: generation of children. Perhaps the Justice are key to developing future innovative The Microsoft settlement aims for Department’s Anti-trust Division should take technologies. These are examples or what we resolution among competitors. This a trip to some of our poorest-performing everyone (DOJ, AOL, Microsoft, etc.) should settlement will provide computer makers and schools and learn the true definition of be working on—i.e. what’s best for the software developers with flexibility when ‘‘consumer harm.’’ Free people in free consumer and the economy. AOL has configuring Windows to better promote non- markets creating excellence should not be repeatedly rebuffed Microsoft’s efforts, to the Microsoft software programs that compete tamped down by government intervention. detriment of consumers and the technology with programs included within Windows, We ask that you approve the proposed industry, and has turned to politics and without the threat of a lawsuit. Microsoft will settlement agreement in the Microsoft anti- litigation instead. But more litigation is the also use a uniform price list when licensing trust case. last thing consumers and the industry need. Windows out to the twenty largest computer Sincerely, AOL and Microsoft need to focus on market makers in the nation, and will not retaliate Lori Yaklin competition and technical cooperation that against companies that use or promote MTC–00031989 will make consumers’’ computing experience software that competes with Microsoft’s easier, not spend further time and resources programs. Date: Thursday, January 24, 2002 in the nation’s courtrooms. As a retired professor of Engineering & To: Dept of Justice William F. Koranda Technology in Sierra College, Rocklin, Fax: 202–307–1454 CFO California, I constantly researched different From: Xchange Solutions Rose Industries, Inc. software programs and found Microsoft’s Ronald D. Walken Phone: 206–720–1055 Divisions: RexCon, Inertia software programs superior among the Toll Free 877–222–1031 E-Mail: [email protected] competition. Fax: 206–325–3500 Company Website: RexCon.com The steps taken to settle this case are E mail [email protected] Phone: 414–352–2000 ext. 121 important because it shows Microsoft has Subject: Microsoft Settlement FAX: 414–352–2004 nothing to hide regarding its business practices, and competitors will have an equal Get it over with! I as a consumer don’t feel MTC–00031991 I have ever been hurt by Microsoft and I playing field. FROM: BILL SAGE resent their competitors going to the courts Sincerely, FAX NO. : 6102842283 to secure an unfair leverage. Kenneth J. Weger Jan. 24 2002 12:37PM P1 We as as a capitalistic nation have never MTC–00031993 benefited from this type of behavior. The 532 Fairfax Road only true monopolies that exist are those Drexel Hill, PA 19026 7802 153rd Avenue given by the government or courts. Best January 23, 2002 Jamaica, NY 11414–1752 example that comes to mind is the one given Attorney General John Ashcroft January 22, 2002 Northwest airlines having a government US Department of Justice. 950 Pennsylvania Attorney General John Ashcroft granted sole landing rights at I think it is the Avenue, NW US Department of Justice Minneapolis airport. Now that is a Washington, DC 20530–0001 950 Pennsylvania Avenue, NW monopoly? Dear Mr. Ashcroft: Washington, DC 20530–0001 Figure out a way to just let this issue die... I am writing to express my interest in the Dear Mr. Ashcroft: If the grieving parties secure favorable recent antitrust settlement between Microsoft I am expressing my support for the decision it will only encourage more future and the U.S. Department of Justice. Microsoft settlement that was reached in November fights in the courts instead of the marketplace has been a huge asset to our country through 2001. I have a degree in economics, and I where tbe consumer benefits. job creation and technological advances. I firmly support the principle of ‘‘Laissez- think that the lawsuit has gone on for too Faire’’, where the government has a ‘‘hands MTC–00031990 ROSE INDUSTRIES long now and that the government needs to off’’ policy and does not interfere with the William Koranda settle. affairs of free enterprise. Free competition From: William Koranda The terms of the settlement are very harsh will support itself, giving way to the most [[email protected]] against Microsoft and seem to violate innovation. Microsoft should not have been Sent: Thursday, January 24, 2002 11:36 AM intellectual property rights and their ability punished for creating a product, Windows, To: ‘‘[email protected]’’ to operate with a competitive edge. Microsoft which succeeded in the marketplace. Subject: Microsoft Settlement has agreed to document and disclose for use Microsoft has had to choose the lesser of To Whom It May Concern: by its competitors interfaces that are internal two evils for itself by settling this unfair Consumers are absolutely sick and tired of to their Windows’’ operating system lawsuit. The terms are very tough, but will this extended lawsuit lead by the DOJ. This products. It will also grant computer makers be better for it than more protracted court past Tuesday AOL files another suit against broad new rights to configure Windows so as battles. It will have to make serious Microsoft. How timely? No, the real question to make it easier for non-Microsoft products concessions such as sharing specific should be, how disturbing? AOL appears to to be promoted within. Windows software codes with competitive be have issued a calculated offensive to Although the settlement is unjustified, I developers in an effort to promulgate undermine the Microsoft settlement. think the alternative of further litigation competition and innovation. Although the current AOL lawsuit has not could be detrimental to our economy, so I I support Microsoft’s resolve to stay clear played itself out, simply review some of the favor finalization. Please make this thing a of any more court entanglements and hope overriding external evidence. AOL purchased reality and suppress all opposition. Thank you accept the settlement as well to bring an Netscape for $10 billion in the midst of the you. end to this litigation, which has hurt the DOJ trial, even after hearing concrete cc: Senator Rick Santorum whole economy. evidence that Microsoft’s Internet Explorer’s Sincerely, Sincerely, success in the market was based upon merit, William L. Sage Mel Lipper not market share!!! This latest AOL move These are my sentiments exactly. Enough cc: Representative Anthony David Weiner appears to be an another attempt by AOL to is enough! once again retreat from the rigors of MTC–00031994 competition to the safer confines of the MTC–00031992 Linda W. Dunlop courtroom, where the AOL is clearly more P.O. Box 1079 258 Twin Creeks Drive comfortable. Colfax, CA 95713 Chagrin Falls, Ohio 44023–6702
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440–543–7524 Microsoft performing at one hundred percent settlement is harsh on Microsoft and Fax number 440–543–7547 capacity. Microsoft needs to be allowed to constitutes a viable end to the lawsuit, no Send to: U.S. Department of Justice move forward, hopefully bringing the matter what some critics say. From: Linda W. Dunlop economy with it. Please consider this. Thank Finally, this litigation business has got to Attention: Attorney General John Ashcroft you. stop. It’s sapping the economy, No more Date: January 23, 2002 Sincerely, action should be taken at the federal level. Office Location:950 Pennsylvania Avenue, David Thomas Sincerely, NW Washington, DC 20530 Office Jim Yaun Location: Chagrin Falls, OH MTC–00031996 Fax Number:202–307–1454—202–616–9937 226 Daffodil Drive MTC–00031998 Phone Fairfield, CA 94533 LOGICAL CHOICE Number:440–543–7524 January 21, 2002 January 19,2002 Microsoft Settlement Attorney General John Ashcroft Attorney General Ashcroft Linda W. Dunlop US Department of Justice U.S. Department of Justice 258 Twin Creeks Drive 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue, NW Chagrin Falls, Ohio 44023–6702 Washington, DC 20530 Washington, DC 20530 January 23, 2002 Dear Mr. Ashcroft: As a member of the technology industry, I Attorney General John Ashcroft There has been a settlement in the would like to express some of my views on US Department of Justice Department of Justice and Microsoft antitrust the Microsoft case. I believe there were 950 Pennsylvania Avenue, NW case. I want to give my support to this genuine concerns that brought about the Washington, DC 20530 agreement. In my opinion, this case should lawsuits, but that was three years and Dear Mr. Ashcroft: never have been brought in the first place. countless dollars ago. You must not lose I have followed the Microsoft antitrust case The basis of antitrust laws is the abuse of the focus of the merits of the case. As long as and settlement with great interest. At one consumer. The consumer in this case was Microsoft is willing to give up some of its time, I made a living selling information helped. Bill Gates produced a better product market share and competitive advantage, systems. Now I am retired, but I certainly at a lower price. His competition could not. there will be those that want a little more. understand the significance of the case, its That is the basis of competition. I used Under the settlement, Microsoft will settlement, and the need for public comment. Netscape and had no problem installing it, change the way it develops, license, and My comment is quite simple: the settlement even with the Microsoft program. I think the markets its software. The company will should be allowed to remain as it was whole lawsuit was one of sour grapes on the disclose various protocols in its Windows negotiated. part of Microsoft’s rivals. They could not operating system, and will not retaliate Microsoft has agreed to make many compete, so went after Microsoft the only against those that develop or promote non- changes, and some of them even extend way they knew how. Microsoft hardware or software. beyond the scope of the original lawsuit. The As I understand it, Microsoft has more than Although these concessions seem to go company will practice fair competition; share acceded to the Department of Justice’s against the principle of free enterprise and technology and intellectual property matters demands. Microsoft has agreed to a technical competition, Microsoft has agreed to them in with competitors, allow computer committee to oversee future adherence; an effort to end this case sooner, rather than manufacturers to install non-Microsoft Microsoft has agreed to disclose source codes later. If these were demanded from a more products in Windows, and more. Surely this and books that are internal to Windows understandable industry, they would be seen is a settlement that is agreeable to all parties operating system; Microsoft has agreed to preposterous. Imagine if Ford had to allow involved. terms that are well beyond the products and GM to put their engines in its cars, or if I believe that the government should allow procedures that were actually at issue in the McDonald’s had to offer Burger King’s Microsoft to abide by the present agreement suit. Whopper to anyone that asked for it. It is and return to its work of making the It is time we put this issue to rest. We have time to allow the IT industry to return its technology that manages our world. And I to quit rehashing decisions. We undermine focus from litigation, back to innovation! The believe that the government should be able the judicial system if we constantly revisit settlement will allow Microsoft, and all of to leave this burdensome case behind it and decisions handed down. Give your support to those that depend on Microsoft for their return to the work of helping to ensure this agreement and allow us to move on. livelihoods, to move forward. domestic and international security. Thank Sincerely, Sincerely, you for your time. Lance Thelen Mitch Pinion Sincerely, President Linda Dunlop MTC–00031997 3118–F MILTON ROAD 711 North Oceanbeach Boulevard CHARLOTTE, NORTH CAROLINA 28215 MTC–00031995 Long Beach, WA 98631 TELEPHONE 704/535–8828 FAX 7O4/535– January 24, 2002 January 23, 2002 4880 Attorney General John Ashcroft Attorney General John Ashcroft US Department of Justice US Department of Justice MTC–00031999 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue, NW 4142 Wycliff Drive Washington, DC 20530 Washington, DC 20530 Winston Salem, NC 27106 Dear Mr. Ashcroft: Dear Mr. Ashcroft: January 22, 2002 I am in favor of the settlement reached in I understand the Department of Justice is Attorney General John Ashcroft the antitrust case against Microsoft. I think accepting and publishing public comments US Department of Justice the lawsuit was more a representation of for the first time since the antitrust suit was 950 Pennsylvania Avenue, NW bureaucracy than a sincere appeal for the brought against Microsoft more than three Washington, DC 20530 rights of the consumer. Hence, I am in years ago. Here is my two cents worth. Dear Mr. Ashcroft: support of a quick resolution to this case, by First, Microsoft has been more than I write to voice my support of the approval of the terms of this settlement. cooperative in resolving this matter. Not only settlement with Microsoft and the Justice Everyone can benefit from improved did they agree to document and disclose Department. The settlement that was reached performance among the technology various internal interfaces to the Windows’ last November is entirely fair and agreeable companies. Licensing agreements with the 20 operating system for use by its competitors. to all parties involved. The time has finally largest computer makers, granting the rights This is above and beyond what is required come to put this issue behind us. I would to configure Windows, and improvement of in any antitrust settlement. They have also hope that the Justice Department recognizes relationships with software developers, all agreed to license products from their the importance of enacting this settlement at can add to this improvement. Windows operating system to the 20 largest the end of January. I hope you will step forward as a leader computer makers on identical terms and Further, the terms of the agreement will and support this settlement. We need conditions, which includes price. This help developers. Developers will gain never
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before seen access to Windows design Please put a stop to this travesty of justice Attorney General John Ashcroft information, including protocols and now. Thank you. US Department of Justice interfaces. This knowledge will allow them Sincerely, 950 Pennsylvania Avenue, NW to create more competitive software that fits Karyn Morton Washington, DC 20530 into the Windows system with ease. 1030 E El Camino Real Dear Mr. Ashcroft, Developers should be pleased with the terms 133 I write concerning the settlement reached of the agreement. Sunnyvale, CA 94087 between the federal government and As a concerned citizen I would hope that Microsoft Corp. last November. The MTC–00032002 the Justice Department enacts the settlement settlement, while it may not be perfect, is a quickly. Attorney General John Ashcroft far better alternative to continued litigation Sincerely, US Department of Justice between the parties and is very reasonable. August Pike Dear Sir, Litigation has hurt innovation and it is January 24, 2002 MTC–00032000 time to move forward. Permit me to express my support for the I am pleased Microsoft has agreed to so JAMES H. ROBERTS antitrust settlement against Microsoft, yet the many conditions that will ‘‘level the playing PO BOX 1355 issue has yet to be concluded and great field’’ within the technology industry. Its GULF SHORES, AL 36547 amounts of taxpayers money has been assurance not to retaliate against computer 334–968–1355 wasted. Indeed, I have wondered why the makers who ship software that competes Fax: 334–868–4150 antitrust matter had initially been raised. with any aspect of its Windows operating January 22, 2002 Nevertheless, Microsoft has already made system represents a new beginning for the Attorney General John Ashcroft many concessions in order to resolve the industry. Equally important, Microsoft has U.S. Department of Justice issue. I therefore urge the Attorney General agreed not to retaliate the software and 950 Pennsylvania Avenue, NW to do all in his power to make every effort hardware developers who will be developing Washington, DC 20530 to finally conclude this matter on the basis and promoting software that competes with Dear Mr. Ashcroft, of the settlement to which Microsoft has Windows or that runs on software that We think this Microsoft agreement is long already agreed. competes with Windows. These two in coming. It is time to implement this Sincerely, components, while only a small cross-section settlement. It has gone on too long and is Marc Brownstein of the settlement, will be very good for hindering the progress that has made the use innovation and very good for the consumer. of the internet so friendly and accessible to MTC–00032004 I hope the few groups who wanted so many. This agreement is key to bringing Amir Glickman Microsoft broken up and are unsatisfied with together the IT sector and to maintain our 2400 Hudson Terrace the settlement because it leaves it intact, are position in the global market. Fort Lee, NJ 07024–3508 not successful in their attempts to upset the The terms of this agreement include 23 January 2002 finalization process. It is my hope the Microsoft not entering into any agreements Attorney General John Ashcroft, c/o DOJ obligating any third party to distribute any 950 Pennsylvania Avenue, NW settlement will take affect as soon as Windows technology exclusively. Microsoft Washington, DC 20530 possible. has also agreed to disclose interfaces of Dear Mr. Ashcroft, Sincerely, Windows products. These concessions along I am writing today to encourage the Sebastian Ganson with others in licensing and marketing are Department of Justice to accept the Microsoft Director of Development bold changes within the technology industry. antitrust settlement. The case against MTC–00032006 Microsoft has done a great deal to work with Microsoft has gone on long enough and it is FAX 203 797 3428 their competitors. Now it is time to let it time to put an end to it. The government and GROLIER EDITORIAL happen. Let us support our technology Microsoft have reached an agreement, the 232 Wooster Street industry by supporting this settlement. terms are fair, and it should be accepted. We strongly urge you to help stop any The terms of the settlement include Naugatuck. CT 06770 further litigation against this settlement and safeguards to make sure that they are January 24, 2002 to let Microsoft back to innovation and not followed, thereby pre-empting arguments Attorney General John Ashcroft litigation. about the settlement being a toothless piece US Department of Justice Sincerely, of paper. Microsoft has agreed to set up a 950 Pennsylvania Avenue, NW James H. & Sandra S. Roberts technical committee that will monitor Washington, DC 20530 Microsoft’s compliance with the settlement. Dear Mr. Ashcroft: MTC–00032001 The settlement tackles a multitude of I would like to take this opportunity to January 24, 2002 complaints from competitors who feel that voice my opinion over the initial suit brought Ms. Renata B. Hesse Microsoft unfairly used its operating system against Microsoft and the settlement that will Antitrust Division to manipulate the market, For instance, the soon be decided on. The original suit was U.S. Department of Justice software company can no longer take unsubstantiated in the first place and the 601 D Street NW, Suite 1200 retaliatory action against computer settlement is more than fair. Microsoft has Washington, DC 20530–0001 companies that want to add non- Microsoft agreed to terms that extend well beyond the Dear Ms. Renata Hesse: products when they ship their new products and procedures that were actually Enough is enough. Please put a stop to the computers to consumers. at issue in the suit in order to bring this case economically-draining witch-hunt against It is time that Microsoft and the technology to a close. Microsoft. industry are able to move forward. The only For example, Microsoft has agreed to server Microsoft has already agreed to hide its way that they will be able to move forward interoperability meaning that they will make Internet Explorer Icon from the desktop. The is to put this issue in the past. Please accept available to its competitors, on reasonable Issue is resolved. the Microsoft antitrust settlement, terms, any code that Windows uses to The fact is, this case against Microsoft is Sincerely, communicate and work with other programs. basically ‘‘welfare’’ for Netscape and other Amir Glickman Also, they have agreed to develop relations Microsoft competitors. with software developers and computer Not a nickel goes to those supposedly MTC–00032005 makers. This means that they will not harmed by Microsoft—the computer user. JSWALKER & COMPANY, INC retaliate against software or hardware This is just another method for states to get 416.A West John Street developers, or against people who ship the free money, and a terrible precedent for the matthews, NC 28105 software or hardware. future, not only in terms of computer tel 704–849–2100 Microsoft has clearly done more than what technology, but all sorts of innovations in the fax 704–849–2122 was necessary of them to resolve this matter most dynamic Industry the world has ever www.jswcoinc.com and the Department of Justice should follow seen. January 16, 2002 suit. To continue litigation would be a waste
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of millions in tax dollars, and also a waste of Justice. It is unbelievable to me that this with business and compete on the of time. case has gone so far. international level, they will have to Sincerely, The Government may have thought they backtrack three years in order to move Chun Chang were doing a good thing for the American forward. The current technology revolution is public when this case originated, but the only going to expand in the coming years. MTC–00032008 Justice Department has destroyed everything This case has cost our country more than just FROM: EGLIN DRUG TESTING OFFICE the computer industry has worked for. money. FAX NO.: 850–883–9076 This lawsuit has contributed to the slowing I was the previous head of the Baltimore 208 Elliott Road of our economy. Our economy has been given Teamster’s Local 557 Union and have seen Mary Esther, FL 32569 an edge in the international marketplace by the affects of this firsthand. Something needs January 7, 2002 the computer industry. Unfortunately, this to be done to end this case as soon as Attorney General John Ashcroft lawsuit has caused us to give all other possible. There is no one benefiting from United States Justice Department nations a chance to take our place. When this, not even Microsoft’s competitors. While 950 Pennsylvania Avenue NW Microsoft was forced to deal with lawyers this settlement limits Microsoft’s own Washington, DC 20530–0001 and trials and everything else involved with competitiveness, it is undoubtedly a Dear Mr. Ashcroft, this lawsuit they had to halt their research reasonable solution to this idiotic The Microsoft antitrust settlement has been and development. controversy. Microsoft needs to be allowed to a long time coming, and I cheer on this wise To move ahead with business and compete continue their business of delivering arrangement. This settlement is complete and on the international level, they are going to innovative technologies to the marketplace. adequate enough to end this three-year-long have back track three years in order to move They have agreed to change their business litigation; furthermore, litigation against forward.. The current technology revolution practices and will allow their competitors Microsoft is a waste of precious resources is only going to expand in the coming years. access to their source codes and internal and time that could be devoted to more This case has cost our country more than just interface designs. productive activities, particularly in the money. We are Americans! This settlement is unquestionably the right Justice Department. Why are we not allowed the opportunity to thing for our nation. Our economy cannot Microsoft has agreed to this settlement be competitive? withstand further delay. Please do whatever after extensive negotiations. The corporation Something needs to be done to end this is necessary to put an end to this lawsuit. enthusiastically pledged to comply with all case as promptly as possible. No one benefits Thank you. provisions of the agreement out of eagerness from all this—not even Microsoft’s Sincerely Yours, to return to the perils of the markets, rather competitors, which is evidenced by their John D. Clemens, Jr than the perils of court. This settlement will decline in the stock market. Microsoft needs JDCJr:amh benefit the technology industry as a whole to be allowed to continue their business of and consumers on the street. It provides for delivering innovative technologies to the MTC–00032011 the creation of a Technical Committee that marketplace. They have agreed to change 6380 E 46th Street Microsoft will bankroll to oversee their business practices and will allow their Indianapolis, IN 46226–3548 compliance to the proposed settlement. It competitors access to their source codes and January 20, 2002 mandates new interoperability disclosure internal interface designs, As an employee Attorney General John Ashcroft requirements and prohibits retaliation tactics. who has 35 years’’ experience working for US Department of Justice, 950 Pennsylvania I believe this settlement will be in the best some of America’s Who’s Who, I would have Avenue, NW interest of the public. Thank you for your been lost without Microsoft and their Washington, DC 20530–0001 support. unending help. This settlement is obviously Dear Mr. Ashcroft: Sincerely, the right thing for our nation. Our economy The lawsuit against Microsoft is ridiculous Jay M. Diamond cannot withstand further delay. Please do and reflects a lack of knowledge on behalf of Cc: Representative Jeff Miller whatever is necessary to put an end to this the judiciary system and politicians about lawsuit. Thank you. software and the whole computer industry. It MTC–00032009 Sincerely Yours, is not in the public’s bets interests for this Arlene M.Clemens Arlene M. Clemens thing to continue any longer. 8656 Silver Lake Drive The settlement as it is too harsh and Perry Hall, Maryland 21128 MTC–00032010 violates a number of free market principles. (410) 931–0873 John D. Clemens. Jr. First, to disclose information that Microsoft January 24, 2002 8656 Silver Lake Drive has worked so hard to develop seems to Attorney General John Ashcroft Perry Hall, Maryland 21128 undermine the whole reason or principle US Department of Justice (410) 931–0873 motivation behind innovating your own 950 Pennsylvania Avenue, NW January 24, 2002 technology for profit. If every business had to Washington, DC 20530–0001 Attorney General John Ashcroft offer up its secrets there would be less Dear Mr. Ashcroft: US Department of Justice incentive to start a business based on a good For 32 years I was an employee of Alex. 950 Pennsylvania Avenue, NW idea. Second, to force Microsoft to license its Brown & Sons Incorporated, which was Washington, DC 20530–0001 Windows products to over 20 computer bought out by Bankers Trust and then Dear Mr. Ashcroft: makers is the same as creating a monopoly Deutschc Bank. After my retirement I was I am writing to voice my support for the whereby they can determine prices in the employed by the law firm of Piper Marbury settlement between Microsoft and the marketplace that will best serve themselves. Rudnick & Wolfe, LLP and am currently Department of Justice. It is truly unbelievable It will inevitably lead to higher prices across employed by the law firm of Ballard Spahr that this case has gone so far. The the board and that will be an infringement on Andrews & Ingersoll, LLP. government thought they were doing a good human rights. I have used the Microsoft system as an thing when this case started, but now they I think it is wrong to punish one company accomplished Administrative Assistant for have destroyed nearly everything that the out of the many in the marketplace for doing many years and have been extremely pleased computer industry has worked for. This an excellent job especially in the area of with their products and their support teams. lawsuit has contributed to the slowing of our standardization which has reduced costs and The majority of businesses use the Microsoft economy. The computer industry has given efforts after purchase and upgrading the PC’s system and are also very satisfied. Most high our economy an edge in the international for homes and businesses. Thank you for schools are under the Apple/Macintosh marketplace, but with this lawsuit we have your time. system, which I feel is far less superior to the given all other nations a chance to take our Sincerely, Microsoft system. place. When Microsoft was forced to deal Sent By: Retired; 317 545 7889; I am writing to voice my support for with lawyers and trials and everything else reasonable men and women to settle the involved with this lawsuit they had to halt MTC–00032012 Microsoft Anti-Trust Suit by the Department development and research. To move ahead FROM XINET—JANICE DIANE
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925 449 0189 destroy the several small but promising We do not believe taxpayers should 4382 Cornell Way alternatives such as Star Office, Abiword, continue to pay to provide Microsoft Livermore, CA 94550 and others. competitors with a competive competitive January 24, 2002 The defendant’s relationship to open advantage over Microsoft. It is up to the Renata B. Hesse source may be something like B’rer Rabbit’s competitors to establish their own Antitrust Division to the briar patch. I believe it might be better competitive advantage in the marketp1ace by U.S. Department of Justice to enjoin Microsoft from entering that market their own efforts and ability not U.S. 601 D Street NW than to require it. A simpler solution is to taxpayers. Suite 1200 require the defendant to publish the file We support the proposed Microsoft Washington, DC 20530–0001 formats of the Office suite, past and present, settlement and strongly urge that the Dear Ms. Hesse: in enough detail to allow robust inter- Department of Justice accept the settlement Thank you for the opportunity to comment operable alternatives to be developed by Many thanks for your attention to this matter. on the proposed final judgment to resolve the third parties. If this might compromise Sincerely Yours, United States’’civil antitrust case against intellectual property rights of the defendant, Mr and Mrs William G. Locke Microsoft. I work as a computer programmer those must be balanced against the collective at the Lawrence Livermore National rights of all persons who have authored MTC–00032015 Laboratory, and have observed the documents currently stored in the Date: January 25, 2002 development of personal computing over the proprietary Office format. This case offers the To: Attorney General John Ashcroft last25–30 years. I am 52 years old. With my opportunity to set a precedent regarding our Fax No: 1 2023071454 wife, I own 177 shares of Microsoft expectation that any proprietary file format— From: Lester E. Weaver corporation. I have followed this trial in the the railroad gauges of our century—will Fax No: 252–443–2673 trade press with interest since its inception, become to some degree open after it reaches Phone No: 252–443–2673 and have read the Complaint, Stipulation . . a certain prevalence of use in society. In my Subject: Microsoft Settlement . ; and Competitive Impact Statement. opinion, the public interest ultimately will Lester E. Weaver The general bias I bring to my letter is that require this outcome. 2600 Old Mill Road the proposed settlement is nowhere near an Yours Very truly, Rocky Mount, NC 27803 adequate remedy for the wrongs visited upon Lee E. Busby Attorney General John Ashcroft consumers and the computing industry by [email protected] US Department of Justice the defendant. Others such as James Barks 950 Pennsylvania Avenue, NW Dale (Netscape) and Matthew Szulik (Redhat) MTC–00032013 Washington, DC 20530 have spoken before Congress recently, with 323 Dickens Street Dear Mr. Ashcroft: eloquence and at greater length. I agree with Northfield, IL 60093 I wish to express to you my opinion their points, so will restrict my comments to January 24, 2002 regarding the Microsoft Settlement reached two areas: Attorney General John Ashcroft in November. This settlement is fair and 1. Any settlement must include some US Department of Justice reasonable, and I am anxious to see the simple and inescapable punishment designed 950 Pennsylvania Avenue, NW antitrust dispute resolved permanently. to redress a sensible fraction of the actual Washington, DC 20530 Ending this dispute promptly would would damages, and to deter this and any future Dear Mr. Ashcroft: be in the best interest of our country and all defendants. I believe such punishment I feel that there should not have been any concerned. should meet three criteria: litigation against Microsoft in the first place. The November settlement was reached a. It is not predicated upon our subject to Now that there has been an agreement after extensive negotiations. negotiation by the defendant; reached, I hear there is a possibility of My understanding is that Microsoft has b. It has simple terms, with no loopholes additional litigation. Why? agreed to fully carry out all provisions that may boomerang—‘‘free’’ software, After extensive negotiations, Microsoft has outlined in this agreement. They also agreed services, in-kind payments, or reduced agreed to terms that extend beyond what is to grant computer makers broad new rights license fees do not qualify; generally expected in any antitrust case. to configure Windows so as to promote non- c. It is proportional to the damage and Microsoft also agreed to design future Microsoft software programs that compete substantial enough to cause serious reflection versions of Windows to provide a mechanism with programs included within Windows. on the part of this company’s leadership. to make it easy for computer companies, Furthermore Microsoft agreed to design I favor a cash fine, as a lump sum up front consumers and software developers to future versions of Windows to make it easier and an annual fraction of gross revenue for promote non-Microsoft software within to install non-Microsoft software. a period of some years. This is the form of Windows. This settlement is sufficient to deal with punishment most likely to engage the Let’s stop the madness. Microsoft needs to the issues of this lawsuit. Please support this stockholders of the company in its reform, go back to doing what it does best, creating settlement so we can focus our resources on Microsoft has been reported to have ‘‘innovative technology’’. Government needs more pressing issues. Thank you for your approximately $35 billion dollars in cash to focus on reviving the economy and support. reserves at this time. Any lump sum fine for protecting us from our real enemies and Sincerely, which the defendant could simply write a terrorists. I support the settlement, and look Lester E. Weaver check seems inadequate to me. forward to the end that it will bring to this 2. 0ne prominently reported alternative case. MTC–00032016 proposed by the nine state attorneys general Sincerely, Bob Baum who declined to support the Proposed Margaret Parcells 139 Wanderless Lane Settlement was a requirement that the Taylorsville, NC 28681 defendant should port the Office suite to MTC–00032014 January 24, 2002 Linux. This is surely well-intended. January 24, 2002 Attorney General John Ashcroft However, I offer the following contrary Mr. William C. Locke US Department of Justice viewpoint: 15012 Los Lottes Ave. 950 Pennsylvania Avenue, NW a. Such a requirement is unlikely to Whittier, Ca 90605 Washington, DC 20530 succeed. Speaking as a software developer United States Governmemt Dear Mr. Ashcroft: and manager myself, there are many ways to Department of Justice I support the agreement reached between meet formal requirements of this project and Attention: MS Renata B. Hesse Microsoft and The Department of Justice. I still torpedo its effect. Washington, D. C. believe that we need to allow Microsoft to b. If it did succeed, it would only increase Dear Ms Hesse: put its efforts back into technological the dominance of the product. This is an We are familiar with the proposed innovation. With the current sluggish anti-trust action, after all. Microsoft settlement and believe it is fair to performance of the technology industry we c. It would in either case disrupt the all concerned including Microsoft do not need a pioneering company like current open source marketplace, and surely competitors. Microsoft overwhelmed with litigation.
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I believe that Microsoft is more than slowdown started with the indictment lengthy and very costly trial should be generous in accepting the terms of the against Microsoft. We need to get back to commended, not condemned. proposed agreement. Microsoft has agreed to business. Letting this settlement stand is one Microsoft’s willingness to license its allow competition by: allowing computer way to do it. I also think the key word here Windows operating system products to the makers to ship software that competes with is ‘‘settlement’’, not on-going, or rehashing, 20 largest computer makers (who collectively Windows operating system, allowing but settlement. account for the great majority of PC sales) on disclosure of internal Windows interfaces, Microsoft has been more than fair with this identical terms and conditions, including and allowing complaints to be filed with a issue. Microsoft has agreed to a great many price, grant computer makers broad new technical committee. terms that were not even an issue in the rights to configure Windows so as to promote I hope that these terms along with the original suit; Microsoft has agreed to help non-Microsoft software programs that resolution of this lawsuit, will act as a companies better achieve a greater degree of compete with programs included within catalyst for improved performance in the reliability with regard to their networking Windows, and not to retaliate against technology industry, It is time to move software; Microsoft has agreed to allow non- computer makers who ship software that forward and allow the free-market system to Microsoft product to be shipped to a competes with anything in its Windows work. I support this proposal and I hope you consumer; Microsoft has agreed to share its operating system is extremely reasonable. will too. Thank you. Internal interfaces, a first in antitrust cases. Microsoft’s agreement does more for Sincerely, I urge you to let us have the opportunity consumers than most of its competitors Bob Baum to go forward. We have more important would have been willing to do. This P.S. things to do. settlement should be accepted so the The events in the last few days are very sad Sincerely, consumers can continue to benefit from for anyone who might be in the position I am John Evans Microsoft’s software innovations. in since the legal actions that have been Sincerely, taken by Netscape against Microsoft will be MTC–00032019 Lillian Armstrong went loss to the Stockholders of Microsoft Helen Valsamakis and Netscape. It will be an absolute loss—no 22081 Susan Lane MTC–00032021 matter who wins—except for the attorneys Huntington Beach, CA 92646–8305 Denis Beaulieu representing the litigants. I own stock in both (714) 965–1956 2425 NW 261th Street companies. What will the government do to Attorney General John Ashcroft Boca Raton, FL 33431 compensate me for this??? US Department of Justice, 950 Pennsylvania January 24,2002 Avenue, NW Attorney General John Ashcroft MTC–00032017 Washington, DC 20530–000l US Department of Justice 3914 Rhododendron Drive January 11, 2002 950 Pennsylvania Avenue, NW Raleigh, NC 27612 Dear Mr. Ashcroft: Washington, DC 20530 Attorney General John Ashcroft I am writing this letter so that I may go on Dear Mr. Ashcroft: US DepQrtment of Justrce record as supporting the decision of the I am writing to express by opinion in 950 Pennsylvania Avenue, NW Justice Department to settle the antitrust suit support of the Microsoft antitrust Washington. DC 20530 with Microsoft. I am pro-business and pro- settlementduring the public comment period. Dear Mr Ashcroft competition, and as such, I support any This settlement is comprehensive and fair. It We are writing you today to express our settlement that will end this senseless will endthe three years of litigation. It will views on the Microsoft antrtrust settlement. litigation process against Microsoft. prevent run-away antitrust litigation, such as We feel that the settlement that was reached I feel that the government needs to take a whatpreviously happened with AT&T and in November is fair and reasonable, and we hands-off approach to private enterprise, so IBM and other companies. are anxious to see this dispute resolved. We I am relieved that the settlement includes The settlement will aid Microsoft’s SInCerely hope there will be no further checks and balances that will help keep the partners and competitors in using action against Microsoft at the federal level. government out of future legal battles with Microsoft’sWindows platform as a This settlement is complete and thorough. Microsoft. A three-person technical oversight springboard for their success. The settlement Microsoft has agreed to share more committee has been set up to monitor will enable othercompanies to more closely information with other companies, including Microsoft’s compliance with the terms of the integrate their products Windows, through Information about Certain internal Interfaces settlement. This committee consisting of Microsoft releaseof the code for its internal in Windows and any protocols implemented three experts in software engineering will interfaces and server interoperability in Windows operating system, on reasonable assist with dispute resolution, which keeps protocols, and licensingof other intellectual and non-drscriminatory terms all parties out of court. If there is any property on non-discriminatory terms. This settlement not only keeps MIcrosoft company that feels that Microsoft is not Computer makers and otherswill have more together, but it will also benefit competing complying with any provision in the flexibility to modify the Windows desktop companies. Please support this settlement. settlement, they will be able to lodge a through removing Microsoft’sprograms, such Thank you for allowing me to comment on complaint with the DOJ or the technical as Internet Explorer, and adding their own, this issue. committee. such as AOL Times Warner’sNetscape Sincerely, I fully support the settlement, and hope Navigator, These terms address the concerns Elizabeth Nesbit that all future disputes that put an raised by other companies. Theywill benefit Andy Dorton unnecessary strain on the economy will the American computer industry as a whole. avoid the courtroom. This will, in turn, benefit theAmerican MTC–00032018 economy, which has been battered in the 508 W Craig Road MTC–00032020 recent years, partly by the precipitousdecline Pittsburg, KS 66762 2643 Greenbriar Lane of the technology sector. January 23, 2002 Annapolis, MD 21401–4423 I appreciate your support for the Attorney General John Ashcroft January 11, 2002 settlement. The federal judge, recently US Department of Justice Attorney General John Ashcroft appointedto replace the previous judge, 950 Pennsylvania Avenue, NW US Department of Justice, 950 Pennsylvania should approve the settlement in the best Washington, DC 20530 Avenue, NW interests of thepublic. Thank you. Dear Mr. Ashcroft: Washington, DC 20530–0001 Sincerely, I am writing to give my approval to the Dear Mr. Ashcroft: Denis Beaulieu Department of Justice and Microsoft This letter is in support of Microsoft’s cc: Representative Robert Wexler settlement. It has gone on long enough, settlement of its antitrust case with the draining needed money from both the federal government. Microsoft is a good MTC–00032022 taxpayers and the tech industry. I think it corporate citizen. Microsoft’s willingness to CARDIOLOGY ASSOCIATES OF should be noted that our economic settle rather than expose the taxpayers to a SCHENECTADY, P.C.
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2546 BALLTOWN ROAD SUITE 300 2546 possible. Over three years have passed since of litigation and six months of continuous BALLTOWN ROAD -SUITE 300 thebeginning of the suit, and the economy negotiation. The settlement proposes terms SCHEDNECTADY NEW YORK 12309–1083 has fallen into a recession in thattime. that are in the best interests not only of the GLOVERSVILLE OFFICE (518) 773–5451 The settlement that has been proposed plaintiffs and the defendant, but also of the (518) 377–8184 FAX (518) 381–1696 does not go easy on Microsoft, butwith public and the IT industry as a whole. It is AMSTERDAM OFFICE (518) 842–7088 everything considered, it was the best thing now time to move on and take care of more JOHNA.NOLAN, M.D., F.A.C.C. that could have happened,I believe that important issues. Robert J. PARKES, M.D., F.A.C.C. Microsoft should have never been taken to The proposed settlement requires a variety PAULDWORNON,M.D., F.A.C.C. court in the firstplace, but if this settlement of changes on Microsoft’s part. For example, DAVIDC.ARMENIA,MD., FACC. ends all of the ridiculous litigation and Microsoft will be required to license its Mm JORDAN, MD., F.A.C.C. allowsMicrosoft to worry more about Windows operating system to twenty of the ARTHUR R. VAKENER III, M.D.. F.A.C.C. producing instead of legal defense. I largest computer makers on identical terms WILLIAM N. VACCA, M.D., F.A.C.C. dohowever feel that the settlement will and conditions. Microsoft has also agreed to EUGENE E DRAGO, M.D., F.A.C.C. benefit the economy. Microsoft’s.competitors refrain from entering into any contract that MIGUEL A. CABRAL, M.D., F.A.C.C. will be able to produce and promote software would require a third party to either sell or FREDERICK. K. WIESE, M.D., F.A.C.C. that competeswith Windows, and they will promote Microsoft software at a fixed BARRY S.LINDENBERG, M.D., F.A.C.C. not have to worry about retaliation percentage. These terms are entirely DENNISP.MANOR, MD., F.A.C.C. fromMicrosoft. reasonable. DOUGLAS A.LONG. M.D.. F.A.C.C. The settlement, although not deserving is America is struggling through a recession, CHARLES CRAIG PETERSON, M.D., F.A.C.C. fair enough and I support it. and the effects are being felt worldwide. GEORGE A.VANSOLAS, M.D.. F.A.C.C. Thank you for your time and Consumer confidence and spending are at PETER D.COSPITO, D.O., F.A.C.C., F.A.C.P. consideration. their lowest point in ten years, and ANTHONY R. LONDON, M.D., F.A.C.C. Sincerely, something needs to be done. The economic PATRICK J.PARISI, M.D.. F.A.C.P. Jack Gardner downturn began three years ago when the MURLI RAMON, M.D., F.A.C.C. Justice Department initially brought suit K.R.SHANKAR M.D.. F.A.C.C. MTC–00032024 against Microsoft, and has been snowballing INGRID RUNO, M.D. Pro-Fusion Technologies, Inc. ever since. January 24, 2002 3825 Old Conejo Rood Now that this settlement has been Attorney General John Ashcroft Newbury Park, CA 91320 USA proposed and competition has been US Department of Justice, 950 Pennsylvania Tel. (805) 376–8021 Fax (805) 376–0619 increased, the economy will be given the Avenue, NW January 24,2002 boost it so desperately needs. Washington, DC 20530–0001 Attorney General John Ashcroft Please help America’s economy get back on Dear Mr. Ashcroft: US Department of Justice its feet as soon as possible. I urge you to I am writing you today to express my 950 Pennsylvania Avenue, NW opinion in regards to the Microsoft Washington, DC 20530–0001 support the terms of the settlement that was settlement issue. Isupport the settlement that Dear Mr. Ashcroft, reached between Microsoft and the was reached in November. I sincerely hope I am writing to you because I support Department of Justice. No further action there will be no furtheraction against Microsoft and I feel that your office’s needs to be taken on the federal level. Microsoft at the federal level. antitrust lawsuit against them should be Sincerely, This settlement is fair and reasonable. settled. I think the agreement reached in Stephen Knop Microsoft has agreed to all terms and November favors Microsoft’s continued 1863 Garfield Avenue conditions, eventerms that extend well success more than other actions may have, Salt Lake City, UT 84108 beyond the original lawsuit, for the sake of and it is the most appropriate way for both MTC–00032026 wrapping it up. Under thisagreement, sides to move on. P.O. Box 1012 Microsoft has agreed to design future To appease the Justice Department’s versions of Windows to provide a concerns, Microsoft is agreeing to change the Washougal, WA 98671 mechanismtomake it easy for computer way they do some of their business, and that January 23,2002 makers, consumers and software developers effort should be recognized. Sharing patented Attorney General John Ashcroft to promote non-Microsoftsoftware within Windows code with competitors, leveling the US Department of Justice Windows. Microsoft has also agreed to playing field in the way they deal with 950 Pennsylvania Avenue, NW document and disclose for use by computer makers, and giving the public more Washington, DC 20530 itscompetitors various interfaces that are freedom to remove Windows-based programs Dear Mr. Ashcroft: internal to Windows. like Internet Explorer all open up what is I am of the opinion that the settlement that This settlement will benefit the economy, already a competitive marketplace. was reached between Microsoft and the the technology industry, and consumers. Microsoft makes some of the most Department of Justice is more than fair, and Please supportthis settlement so our precious innovative products on the market today, and I hope to see it implemented as soon as resources can be funneled into more their success is deserved. Please settle the possible. For too long now our economy has productive activities. Thankyou for your government’s antitrust suit and let Microsoft been suffering, and ending this legal dispute support. move on with their business. is the best remedy. Remember, the economic Sincerely, Sincerely, slide started when the government first sued Barry Lindenberg Jack Heinzman Microsoft. President The settlement that was reached has teeth, MTC–00032023 and Microsoft did not get off all that easy. FROM :W.S. AND M.L. PINE MTC–00032025 However, it was in the best interests of the 206 729 0218 Jan 24 02 05:49p P- 1 technology industry,consumers, and the 5509 NE 63rd Street January 24,2002 economy to get this issue over with as soon Seattle, WA 98115 Attorney General John Ashcroft as possible. January 24,2002 US Department of Justice Microsoft has agreed to give to its Attorney General John Ashcroft 950 Pennsylvania Avenue, NW competitors source code and other design US Department of Justice Washington, DC 20530 information for the Windows operating 950 Pennsylvania Avenue, NW Dear Mr. Ashcroft: system. This allows competitors the ability to Washington DC 20530 I am writing to you today to ask that you produce software that is compatible with I am of the opinion that the settlement that agree with the terms of the settlement Microsoft’s, and they will not have to worry was reached between Microsoftand the between Microsoft and the Department of about retaliation from Microsoft since the Department of Justice is more than fair, and Justice. The settlement was finally reached in agreed not to go after companies that try to I hope that it isimplemented as soon as November of last year after three long years compete.
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All in all, I am satisfied with the because that did not happen netscape has January 23,2002 settlement. Please implement it as soon as filed a suit which I personal think is without Attorney General John Ashcroft possible. Thank you. merit and should be throw out. US Department of Justice Sincerely, We as a nation should be very thankful for 950 Pennsylvania Avenue, NW Jake Lawlor the creativity and jobs that Microsoft started Washington, DC 20530–0001 and can only hope that the continued success Dear Mr. Ashcroft: MTC–00032027 will bring ever greater rewards to this I understand the Department of Justice is 616 Terrace Avenue country. Mr. Ashcroft I hope and pray that accepting and publishing public comments Half Moon Bay, CA 94019 the settlement stand because it was fair and for the first time since it brought this January 23, 2002 just for all. antitrust suit against Microsoft more than Attorney General John Ashcroft God bless. three years ago. US Department of Justice Sincerely As a schoolteacher, I am constantly 950 Pennsylvania Avenue, NW Peter J. Borrello concerned that my children have access to Washington, DC 20530 413–731–2303 the latest technology from a solid company. Dear Mr. Ashcroft: Microsoft is that company. I am in support of the settlement that was MTC–00032029 It is interesting that some parties want to reached in the Microsoft antitrust dispute, I 4523 Wall Street forfeit the greater good for short- term personally believe that this suit never should Bellingham, WA 98226–5102 lucrative gain. Microsoft has been more than have been brought in the first place. January 22,2002 cooperative in resolving this dispute, by Microsoft is a great company that has done Attorney General John Ashcroft agreeing to terms that extend well beyond the immeasurable good for this nation. Microsoft 950 Pennsylvania Avenue, NW products and procedures that were actually provided a usable system, which enabled Washington, DC 20530–0001 at issue in the suit. In addition to the non.- more people to access computers and harness Dear Mr. Ashcroft: retaliation parts, Microsoft will disclose this new technology. I spend most of my Thank you for your support of the information about Windows to its workday at the computer using Microsoft’s settlement of the Microsoft antitrust case. competitors, giving software companies more product, and I know that without the You have broad support in this decision background with which to work. Ultimately, Windows operating system I would have across the country. Forty-one states want no competition will create new software and serious difficulties fulfilling my job. further action against Microsoft: 32 states that programs that are even more stunning. I think that the settlement is reasonable. did not think a suit was reasonable, and 9 However, we still need Windows as a reliable The company will not be divided, and will states that sued and then agreed to the platform. be able to continue innovating and making settlement. I urge you to end this suit so that we can strides in the IT sector. Under the terms of Why should our government continually go on with our lives. Let Microsoft do what the settlement Microsoft will design future try to shoot down the pacesetters and they do best and save the technology sector versions of windows that are compatible with trendsetters of our nation? Why have a of the economy. No more action should be the products of its competitors. The company governmental bias against private enterprise, taken at the federal level. will not utilize any business tactics that may when private enterprise is the foundation of Sincerely, be considered retaliatory. Finally,the our prosperity? The AT&T and IBM suits Alice Haber companies will he held accountable by a were unproductive. Now Microsoft. Cc: Senator Santorum three-person technical committee that will Microsoft has carried the flag, opened the MTC–00032031 monitor the future business practices of the door, and got a foothold, for American company to ensure that they comply with the technology companies worldwide. 5864 N.E. Parkpoint Place terms of the settlement. I have a business in the automobile Seattle, WA 98115 I am pleased that we may finally be able accessories industry. I previously was in the January 24,2002 to put this litigation behind us,and I hope home video business. I know that there was Attorney General John Ashcroft that the states fall in line behind the federal once a competition between the VI-IS and US Department of Justice government and settle.Thank you for all the Beta tape formats. That battle was won by 950 Pennsylvania Avenue, NW work that you have done to protect American VHS because it was more open to industry Washington, DC 20530 business and free enterprise, and for allowing partners than was Sony with its closely held Dear Mr. Ashcroft: me this opportunity to express my opinion. Beta. The situation is similar to the contest The anticipation of those hoping for an end Sincerely, between the Intel-Microsoft PC industry and in the Microsoft antitrust case has finally Mary Mattern Apple and its closely held Macintosh. Intel been met. A settlement has been reached in and Microsoft won because they encouraged the case and I think the Justice Department MTC–00032028 widespread participation, which encourages should ensure this settlement is instituted. Subj: microsoft Settlement widespread adoption. Groups and individuals with anti- Date: 1/24/02 7:14:01 PM Eastern Standard Microsoft does not act alone; it has been Microsoft views are working against this Time smart in attracting partners to build strength settlement. This is unnecessary because this From: Capitmkts into the industry. Now, with the settlement, settlement will make many positive changes To: [email protected] Microsoft has agreed to be work in the software industry. The settlement CC: Capitmkts constructively with others by revealing prohibits any contractual restriction by Dear Mr. Ashcroft, I feel the MSFT internal information about Windows and Microsoft on the promotion of non-Microsoft settlement was Fair and just for the people allowing computer makers and users to products by computer makers. Basically this of the United States of America which both remove access to Windows technologies in means computer makers will have more MSFT the consumer and public have paid a favor of rival software. By making it easier for ability to place other software, and other non- dear price in time, money, personal and competitors to write and promote their Microsoft operating systems on computers. lives: had weas a nation watched lessof our software, Microsoft is doing all it can to end This will be good for Microsoft’s competitors, own and more about what foreigners were the litigation. yet they continue to oppose the settlement. plotting against the United States the twin I support their efforts and hope you do too. It may be that opponents of the settlement tower would still be standing along with Thank you for your leadership for a strong care only about harming Microsoft through 3000 lives not to mention the families these America. the courts, and not for more competition in people touched. Once again in the news is Sincerely, IT. All watch new and understood what the Jeffery Heininger It does not behoove a great Justice system netscape browser was and the risk of a 10 like ours to be used by companies to harm Billion dollar purchase.’’ Elephant.’’ The trial MTC–00032030 another company. Simply stated, the was going on during the time of the purchase Alice Haber settlement currently agreed to by both sides and the insiders thought they new netscape 8043 Winston Road in this case should be instituted. would control the market after MSFT lost Philadelphia, PA 19118 Sincerely,
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Mary Rowland I believe that there Is enough competition to the fact that Microsoft is acting in the best in the marketplace, and that Microsoft’s interest of the IT sector as a whole. The MTC–00032032 concessions in the settlement will only technology industry is ready to move foward, Attorney General John Ashcroft increase consumers’’ freedom of choice, as so let us allow them to do just that. U.S. Department of Justice well as other manufacturers’’ ability to Let us not hold back our economy by Washington, DC 20530 develop programs that are compatible with holding back the advancement of our IT Arctic Systems, lnc, Windows. sector in this competitive global market. 15320 Spencerville Ct. Suite 201 The American way is all about the pursuit Please support the settlement in its current Burtonsville, MD 20866 of success, and Microsoft has simply done form. Help us to make sure that no further (301) 384–8400 better than most at succeeding. They have action is taken against the agreement, and January 24,2002 done so because they make good products that we can move forward as a united Dear Attorney General Ashcroft, and continue to lead the way in technical industry. I have reviewed the terms of the settlement innovation. Do not punish them further for Sincerely, between the U.S. Department of Justice and that—please settle the antitrust case without Ernest Carpenter 409 Microsoft. I personally feel the settlement is further delay. Care Center Drive broader than necessary, and the terms are Sincerely, Warrensburg, MO 64093 certainly strong enough to meet any Michael Schoendorf reasonable person’s goals for such a MTC–00032036 settlement. MTC–00032034 Attorney General John Ashcroft I feel continued litigation is counter- January 24,2002 U.S. Department of Justice productive. I support this settlement, and Attorney General John Ashcroft 950 Pennsylvania Avenue, NW urge you not to consider further action. US Department of Justice Washington, DC 20530–0001 I have worked as a software and computer 950 Pennsylvania Avenue, NW Dear Attorney General Ashcroft: professional since 1983. I am now a partner Washington, DC 20530–0001 Several years ago, I had the opportunity to in a software firm. My company is both a Dear Mr. Ashcroft: serve as an elected official in Weber County, Microsoft Parter and Unix/Linux Authorized. I am contacting you to ask that you back Utah. During my tenure, we worked to We feel Microsoft has been a reliable, the settlement reached in the Microsoft streamline county government and enhance dependable provider of quality products. I antitrust case. This case simply has our computer systems. We made the feel anyone who claims otherwise is either ill continued for too long, and an enlightened determination that the mainframe system WC informed or has an agenda not related to fair settlement now exists that should bring this were using was old and outdated and moved competition. case to a close. to a new system with Oracle Software as its Unlike other companies, Microsoft has The settlement that is currently being made foundation. made extensive efforts to help people move available to both sides wiIl bring Oracle competed for this business and their flagship product, Windows NT, to other improvement and more openness to the IT won. I am now learning of Oracle’s desire to platforms. For years Microsoft offered many industry. The settlement allows computer try to use legal means to give themselves the of their products on Unix until demand waned. In my opinion Microsoft has gone out makers to place non-Microsoft systems on upper hand over their competition. Oracle of their way to provide better products for their machines unencumbered by contractual should spend their time and money on lower prices. restrictions. The settlement also will permit research, not on attorneys to stay ahead of the Thank you for your service to our country the easy placement of non-Microsoft software competition. Forcing another competitor to in this time of need. My family and I on Microsoft operating systems. give up source code is wrong. appreciate your efforts to settle this matter Clearly this settlement presents a Please bring an end to the Microsoft Class and attend to the great challenges facing all reasonable result for all sides. Pursuit of Action Suit and settle this legal wrangling. of us. Please feel free to have your staff call further litigation in the federal case is, in my Sincerely, me personally if they wish to discuss this opinion, unwarranted. respectfully ask that Spencer F. Stokes you back the current settlement. I again further. I feel strongly about this matter, and MTC–00032037 certainly would provide as much time as Sincerely, necessary to help your staff understand these Sanjay Chandra TECHWORX INC. issues. Vice President Architects of Mission-Critical Environments Sincerely American Leather, LP 950 Industrial Highway Rick Hansen cc: Representative Marlin Frost Suite D President Arctic Systems Inc. 3700 Eagle Place Drive Suite 100 Southampton, PA 18966 (301) 807–5011 Dallas Texas 75236 Toll Free: 800–707–7966 [email protected] Phone 800.456.9599 Tel: 215–357–7966 15320 Spencerville Court Fax 972.296–8859 Fax: 215–357–7932 Web: www.techwonx-inc.com Suite 201 MTC–00032035 Burtonsville, MD 20866 Email: [email protected] January 11,2002 January 24,2002 MTC–00032033 Attorney General John Ashcroft Attorney General John Ashcroft 13145 Byrd Lane US: Department of Justice U.S. Department of Justice Los Altos Hills, CA 94022 Washington, DC 20530 950 Pennsylvania Avenue, NW. January 18,2002 Dear Mr. Ashcroft, Washington, DC 20530 Attorney General John Ashcroft I write you with concern over the recent Dear Mr. Ashcroft: US Department of Justice delay of the Microsoft settlement. It is Forgotten amidst all the controversy 950 Pennsylvania Avenue, NW distressing to hear that the settlement is surrounding this Microsoft lawsuit is the fact Washington, DC 20530 being delayed because of a few politicians. there are many companies like mine that Dear Mr. Ashcroft: After three long years of court battles, it is have been built and remain successful based I am writing to let your office know that ridiculous to prolong the execution of such on the success and reliability of the Microsoft I support the settlement reached in the a well-designed agreement. The terms that product line. While many Microsoft Microsoft antitrust case. As a former software were agreed upon are a reflection of the competitors feel that they can use the legal writer, I know firsthand what great interests of all parties involved. It is time to system to knock Microsoft off its throne, they technological leaps Microsoft has been able let them speak for themseIves. have ignored the potential effects that would to make, leaps that everyone has benefited Microsoft has not only agreed to rework be experienced by other companies in the IT from. Thanks to the company’s ability to licensing and marketing agreements, but has industry. standardize the use of personal computers, agreed to design future versions of Windows This is why the settlement recently consumers pay less and get more out of their that allow for easy installation of non- reached is so Important. Its obvious purchase. Microsoft sofeware, too. This, alone, speaks advantage is that it ends speculation as to
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whether Microsoft will be broken up. It also MTC–00032039 January 24,2002 has the advantage of addressing most of the FAX TO U.S. DEPARTMENT OF JUSTICE Attorney General John Ashcroft main complaints against Microsoft. While I WASHINGTON, DC US Department of Justice am not sure that I agreed that Microsoft 202–307–1454 950 Pennsylvania Avenue, NW should have agreed give up more of its FROM JAMES N. HARVEY Washington, DC 20530–0001 interfaces, I was pleased that other points 925–299–0421 Dear General Ashcroft: will now be satisfied. It is important, for January 24,2002 Just a note to let you know I appreciate example, that Microsoft relaxes its stance Re: Microsoft Antitrust Settlement your efforts to resolve the Microsoft antitrust with the OEMs. Dear Sirs: case. In my opinion, it would make sense to I am therefore writing to support this I urge you to finalize the Antitrust support the settlement and conclusion settlement. It leaves intact the infrastructure Settlement with Microsoft Corporation. The reached in court. of the IT industry and ends the litigation settlement seems fair and reasonable, and The cost to both sides of this dispute has with reasonably satisfactory results. further litigation would serve only the to reach millions of dollars on each side. An Sincerely, interests of the company’s competitors and acceptable settlement has been arrived at that Steve Terebecki the political purposes of the nine State will 1ikely give competitors improved ability President Attorneys General who oppose it. Microsoft to place their software on Microsoft operating CC: Senator Rick Santorum has brought stability to an industry that was systems, thus giving them more sales and Microsoft CERTIFIED Partner confused and chaotic, and because its public exposure. Some of the competitors products provide good value at affordable remain unsatisfied, and they will place MTC–00032038 prices, consumers have benefitted by buying pressure on officials until this case is Commtech 3 them. It would not be proper to allow resumed and serious damage is done to Communication and Technology Industries, Microsoft’s competition to use the courts as Microsoft and the entire business sector. We Inc. a marketing tool. Please settle this case in do have some interesting telephone 1613 Poydras St. accordance with the agreement as it stands. businesses now, but the 10 years of litigation Facsimile Cover Sheet Sincerely, and costs involved have been a terrible price To: Attorney General—Mr. John Ashcroft James N. Harvey to pay. Currently, the competition/ Company: US Dept of Justice 4019 Los Arabis Drive consolidation in the phone business is Fax: 1–202–307–1454 / 1–202–616–9937 Lafayette, CA 94549 causing a great deal more pain. Please consider accepting the settlement. If From: Darryl D’aquin MTC–00032040 Company: CommTech Industries, Inc. you believe it has merit, and is in the public Phone: (504) 200–1333 To: John Ashcroft interest, please consider talking with those Fax: 504–200–1310 From: John S. Koval Sent: 1/24/2002 at state attorneys general to not try to win the Date: 1/24/02 5:05:02 PM lottery by pushing for more destruction of a FROM : COMMTECH Network Convergence Corporation pretty good company. FAX NO. :5042001310 P.O. Box 3156 Sincerely, Hickory, NC 28603–3156 Jan. 24 2002 04:37PM P2 MTC–00032042 (828) 308–1189 commtech January 24,2002 Paul G. Simon I N D US T R I E S c s Attorney General John Ashcroft 519 West Plaquemine January 9,2002 USDOJ Church Point LA. 70525 Attorney General John Ashcroft 950 Pennsylvania Avenue, NW pasimon7@hotmail,com US Department of Justice, 950 Pennsylvania Washington, DC 20530–0001 (337) 684–1139 Avenue, NW Dear Mr. Ashcroft, Re: Microsoft Case Washington, DC 20530–0001 I believe the settlement agreement reached January 24,2002 Dear Mr. Ashcroft: between the Justice Department and Renata B. Hesse I am writing to convey to you my opinion Microsoft Corp. is fair to both parties, and I Anti-Trust Division on the antitrust suit involving Microsoft. The urge the court to approve it as written. The United States Department of Justice settlement reached between Microsoft and Under the settlement, Microsoft has agreed Dear Renata B. Hesse: the Department of Justice is of fair and not to retaliate against software or hardware It is very encouraging that your office has reasonable intentions, and it succeeds. The developers who develop or promote software decided to take comments form the general settlement was arrived at after extensive that competes with Windows or that runs on public about this very important case. The negotiations with a court-appointed mediator software that competes with Windows. It also Microsoft ant-trust case will have far present; it also addresses all issues agreed not to retaliate against computer reaching repercussions that will affect all adequately. Microsoft’s retaliation actions makers who ship this software or enter into Americans in one way or another. will be made illegal; the Technical any agreements obligating any third party While Bill Gates and company may have Committee instituted by the government will distributor to promote any Windows not always behaved in the most admirable enforce it. technology exclusively or in a fixed fashion, it seems to me and a lot of other It is not necessary to carry any further percentage. people that at this point they have been litigation against Microsoft. Even though the I further believe that breaking up Microsoft punished enough. Microsoft helped make settlement goes further than what Microsoft would not accomplish any useful purpose; possible the high-tech boom that has been would have liked, to settle case now is the hence, it is very important that the settlement driving our economy, and with the country right thing to do. This suit has been a major be implemented as written. in danger of sliding into a depression this is contributing factor in our faltering economy, Sincerely, not the time to drag this case out any further. and the standstill state of the industry. To John S. Koval To keep this anti-trust case alive longer than continue litigation means a prolonged delay President it should be is to risk wrecking our economy in the revival of the economy and the at time when we can least afford it. industry. MTC–00032041 Please vote to settle the Microsoft case There has been a general fleecing of the To: Attorney General John Ashcroft quickly so that the market will not have to American taxpayer by pursuing this. To Company: U.S. Dept. of Justice keep holding it’s collective breath waiting for prevent this from continuing any further, it From: Carl Monson some resolution. A quick settlement would is necessary to stop all action at the federal Company: Mowell Financial Group, Inc. have far reaching positive side effects both level. Microsoft needs to be allowed to return Date: 1–24–02 for the little guys (like me) and big business to innovation, rather than litigation. Re: Microsoft Ruling as well. With this behind us we could all Sincerely, Carl Monson move forward with developing promising Darryl D’Aquin P.O. Box 1305 new software and investing in new computer President Tallahassee, FL 32302–1305 hardware.
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It would be in the best interest of the market that directly competes with Microsoft has agreed co a more level consumers and the country. Microsoft. This will allow computer makers playing field in the future, and now should Sincerely, the freedom to promote their own software be able to get back to the business of Paul G. Simon without having to risk rebuttal from developing new innovations. A number of Microsoft. Microsoft’s concessions will promote greater MTC–00032043 I would like to see this case come to a consumer choice and competition in the 2001 S 292nd Street speedy, productive end. I do not believe the computer Industry, but I feel the most Federal Way, WA 98003 settlement is unfair, nor do I believe it would significant is Microsoft’s agreement to allow Email [email protected] hurt the consumer in fact. I think the tech computer makers the option of installing Fax 425–799–3660 industry and the economy have suffered Windows operating systems which are January 16,2002 enough already. The suit needs to end, and reconfigured so as to allow the use of non- Attorney General John Ashcroft I believe it is in the best public interest to Microsoft software programs. US Department of Justice, 950 Pennsylvania settle now and allow things to get back to I hope that you will stick to this agreement Avenue, NW normal. I urge you to give your support to the in its present form and take the necessary Washington, DC 20530–001 settlement. steps to see that it is implemented Dear Mr. Ashcroft: Sincerely, immediately. The antitrust lawsuit against Microsoft has John Sharp Thank you for this opportunity to comment been dragging on for too long, Government 660 ISLAND WAY APT 406 Sincerely, should stay out of the economy and let CLEARWATER, FL 33767 Dick Boullis private businesses fail or succeed on their 727–447–7747 51211 Oak Hill Court Granger, IN 46530 own. Reference your correct approach to the MTC–00032047 Enron problem I am happy to see that MTC–00032045 Microsoft is not being broken up, but I am January 23, 2002 To: U.S. Dept. of Justice appalled that nine states still want to bring Attorney General John Ashcroft attn: MS Renata B. Hesse further litigation. US Department of Justice Fax: 202.307.1454 The terms of the settlement are more than 950 Pennsylvania Avenue, NW From: Gordon W Bowman fair. They force Microsoft to disclose internal Washington, DC 20530 Date: Thursday 01/24/02 interfaces and design future Windows Dear Mr. Ashcroft: Re: Support of Microsoft settlement versions so that Microsoft competitors can Those who follow technology news know Pages: one including this more easily promote their own products. that the lawsuit that the Department of I support the Microsoft settlement. I feel They also require Microsoft to form a three- Justice brought against Microsoft three years the point has been made and the settlement person team to monitor compliance with the ago has hurt investor confidence in is adequate to cover the complaints and let settlement. technology. Because of the great slowdown in let the country get on with business. Those It is in our nation’s best interests, our the IT industry, the entire economy has lobbying and filing new suits to carry this on appear to me afflicted with greed, and have economy’s best interests, and our people’s suffered. Why the Department of Justice no concern that the people’s and industry’s best interests to make the settlement a reality. brought suit against Microsoft is still a great resource is being squandered. Thank you for We cannot afford to have our industries’’ mystery. One of America’s great companies, your attention. leaders hindered by expensive and lengthy Microsoft is largely responsible for the Sincerely, litigation. I ask your office to take the enormous strides in consumer technology Gordon W. Bowman appropriate steps towards rectifying a mess and the universal use of the computer that has been years in the making. nowadays. MTC–00032048 Sincerely, Due to the settlement, Microsoft will no MILSTEAD PHOTOGRAPHY Peter Stobart longer be able to negotiate with distributors January 24, 2002 on an individual basis. All of Microsoft’s MTC–00032044 Attorney General John Ashcroft competitors will still have this ability. U.S. Department of Justice JOHN SHARP ASSOCIATES INC Microsoft will also be forced to disclose 950 Pennsylvania Avenue, NW January 23, 2002 various portions of its Windows code to Washington,DC 20530 Attorney General John Ashcroft competitors. These terms of the settlement Dear Mr. Ashcroft: US Department of Justice are more than enough punitive measures to Our opinion regarding the Microsoft issue 950 Pennsylvania Avenue, NW punish Microsoft for any infractions they is that it is a very competitive company and Washington, DC 20530–0001 may be guilty of. has been successful because of its Dear Ms. Ashcroft: All this adds up to the need of the Justice contribution and accomplishments. I have an Three years ago, the Department of Justice Department to end this suit as soon as issue with the roll of Lobbyist or rather the found Microsoft to be in violation of antitrust possible. The IT industry, its consumers and lack of,has played In this issue.The issue laws. Naturally, suit was brought, and a its investors deserve an end to this suit when began with the decision by one Judge,the period followed where the proposed solution this period of public comment is over. result of that decision began the spiral was breaking up the Microsoft Corporation. Sincerely, downward of the stock market and was an Fortunately, that idea was discarded in favor LindaDial intervention in the free enterprise system. of a less destructive course of action. A 6 11 20th Avenue I feel the settlement reached in November settlement was reached last November under Lewiston, ID 83501 is fair and that Microsoft should remain as which Microsoft would be allowed to remain cc: Senator Larry Craig a company. This settlement will benefit the intact. It requires a broad range of changes in MTC–00032046 economy and consumers. both policy and product however to prevent I feel this settlement serves in the best further antitrust violations and restore fair January 24, 2002 Interest. We support and admire your strong competition in the technology market. Attorney General John Ashcroft leadership. Thank you for your time. The settlement, for example, requires U.S. Department of Justice Sincerely, Microsoft to provide third parties acting 950 Pennsylvania Avenue, NW W.H. Milstead under the terms of the settlement with a Washington, DC 20530 license to applicable intellectual property Dear Mr. Ashcroft: MTC–00032049 rights. This would allow Microsoft’s I recently learned of the proposed 915 Limestone Drive competitors to build their software into settlement agreement reached in the Federal Allison Park, PA 15101–4227 Microsoft’s pre established system without government’s antitrust case against Microsoft January 10, 2002 infringing upon those rights. Microsoft has I see no reason why not to implement the Attorney General John Ashcroft also agreed to refrain from taking retaliatory agreement immediately upon close of the US Department of Justice, action of another software producer or comment period and bring an end to this 950 Pennsylvania Avenue, NW computer maker introduces a product into litigation. Washington, DC 20530–0001
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Dear Mr. Ashcroft It is time to put this issue behind us and Anti-trust case a complete sellout which will In my opinion the entire lawsuit against move on to other things. We cannot go on only encourage Microsoft to continue its anti- Microsoft was a debacle. There are spending our financial resources on this suit competitive practices. It will not even be a monopolies in every industry in this country. any longer. All action taking place at the slap on the wrist. I’m not sure why Microsoft was singled out. federal level must be stopped, and the I was delighted when the Justice Nevertheless they were. For three years the settlement finalized. Department obtained the judgement from Justice Department was embroiled in a Sincerely, Judge Jackson. While I would favored even antitrust lawsuit against Microsoft. Now, a Ken North more stringent penalties, nevertheless I could settlement has been reached. 5 0 Concord Road not deny that justice was served. Now the The settlement that has been reached is Burlington, MA 01803 main (781) 229– Justice Department is giving away any surprisingly beneficial in my view. First of 9565 leverage it would have had. all this settlement helps to increase fax (781) 229–9552 I have been in computers since 1960. I was competition within the information www.newhorizons.com a fully qualified programmer. With IBM I technology industry by requiring Microsoft to helped pioneer computer word processing provide other software companies with MTC–00032051 and my law offices were among the first be Windows protocols. These protocols will Dianna J. Thiel, CFA so equipped. I became one of the first enable other software manufacturers to create 10 Burdsal A venue attorneys to specialize in computer law and software that works more smoothly inside of Fort Mitchell, KY 41017 the first to represent buyers of computer Microsoft’s Windows. Terms of the January 21, 2002 equipment and programs. While in law settlement also dictate that Microsoft provide Attorney General John Ashcroft school I spent three years in a program called a unified pricing list to the top 20 computer U.S. Department of Justice ‘‘Computers and the Law’’ that developed manufacturers. This would guarantee that no 950 Pennsylvania Avenue, NW ways that computers could be useful in the one company gain an advantage in the Washington, DC 20530 practice of the law. market because of a contract with Microsoft. Dear Mr. Ashcroft, When Microsoft developed Windows 95, But clever people like me who talk loudly I am writing in full support of the recent the alarm bells went off as I saw Microsoft in restaurant, see this as a deliberate settlement between Microsoft and the U.S. use its great power as the source of the only ambiguity. A plea for justice in a mechanized Department of Justice. The case has dragged viable operating system to bully computer society. on long enough, and further litigation could manufacturers into installing its software and Even though I was not in favor the lawsuit do serious damage to the IT sector and only its software on new desktop computers. in the beginning, I am in favor of the economy. I do not believe that Microsoft has Because Microsoft engineers developing settlement that will end this matter. It is in demonstrated monopolistic tendencies. They competing software applications had the your hands whether or not this ends now, or have delivered quality products without jump on Microsoft competitors in developing whether it goes on for many mare years. I ask raising the prices unreasonably. Microsoft Windows 95 applications and then get the that we not waste any more of the has standardized the industry making it easy programs installed on new computers, Department of Justice’s time nor resources on this issue. Leave the settlement like it is. to use computers which has benefited the Microsoft was able to dominate the market Sincerely, consumer. Their work has been innovative place. For example, WordPerfect (which is Jack Wetzel and has obviously been the reason for their still far superior to Microsoft Word) lost its success. dominance in the marketplace and has been MTC–00032050 The terms of the settlement should appease reduced to a piddling share of the market. We New Horizons* all parties since competitors will receive all know the story of how Microsoft pushed Computer learning Centers technological information that they otherwise Netscape out by including Microsoft Explorer of Boston Massachusetts should not have if all the rules of free as a freebie. Microsoft needs to be broken up. January 22, 2002 enterprise were working properly. Microsoft The maker of the operating system cannot Attorney General John Ashcroft, will be disclosing interfaces and protocols to also be the producer of application software. US Department of Justice, competitors that will enable them to copy Nor should it be the manufacturer of 950 Pennsylvania Avenue NW, Windows and try to create more innovative hardware to support its programs. Washington DC 20530 products. They have also agreed to not We all suffer when one manufacturer is Dear Mr Ashcroft, retaliate against software developers and able to dominate the market. No one else can I am writing this letter to inform you that computer makers who develop or promote offer a competing operating system since I am in full support of the settlement reached software that competes with Windows Microsoft has driven out other operating between Microsoft and the Department of operating system products. system manufacturers. Justice. This settlement has a fair and These and other concessions should be I was after the Justice Department to do reasonable design. It is sad to have to see a enough to convince your office in favor of something about Microsoft years before it suit brought about against Microsoft. If settling. Please take a stance against further filed its anti-trust action. I was very Microsoft were to be broken up, not only litigation and finalize the settlement for the disappointed that it took the Justice would that action harm my business, but also best interests of the American public Department to do something to start with and several other businesses across the country Sincerely, when it finally appeared the Department had Microsoft operations and products, among Dianna J. Thiel, CFA accomplished something, it is most other things, constitute a large part of the disappointing to see all that work wasted MTC–00032053 economy. As such, the antitrust suit has been with a token settlement. a major contributing factor in the faltering Law Offices of Jack Allen Sincerely, economy, and to the present stagnated state 15015 Bestor Boulevard, JACK ALLEN of the IT industry. It is necessary to prevent Pacific Palisades, California 90272 cc: this from continuing; any further time spent (310) 454–2062 Senator Diane Feinstein dealing with this suit will only cause Fax (310) 454–8037 Senator Barbara Boxer taxpayers to reach deeper into their pockets. E-Mail jackjack@!inkline. corn Under the settlement, other software January 24, 2002 MTC–00032054 companies will be able to sue Microsoft Renata B. Hesse, January 24, 2002 directly in federal court, so that we can at Anti-Trust Division, Ms. Renata B. Hesse least keep the taxpayers from bankrolling U. S. Department of Justice, Department of Justice these proceedings. That is in the public 601 D Street NW, Suite 1200, Fax #202–307–1454 I interest. Microsoft will change its licensing Washington D. C. 20530–0001 Or 202–616–9937 agreements for hardware makers, and update Re: Microsoft Settlement As a Taxpayer and consumer Mim Vaiana Windows to accommodate non-Microsoft Dear Ms. Hesse: and Joseph Vaiana support the settlement of software more efficiently; that is also in the I find the settlement that the Justice the Microsoft lawsuit. public interest. Department has agreed to with Microsoft in Very truly yours,
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Joseph G. Vaiana between penalizing Microsoft for the wrongs 950 Pennsylvania Avenue, NW Mim Vaiana it may have committed in the marketplace Washington, DC 20530–0001 and assuring continued progress and Dear Mr. Ashcroft: MTC–00032055 innovation in this important industry. I am writing to pledge my support for 140 West Myrtle Street I hope that the settlement will be approved settling the Microsoft antitrust case as soon Duluth, MN 55811–5018 so that all concerned can go to work on more as possible. I am convinced that Microsoft January 24, 2002 important matters. was within their rights in regard to the matter VIA FAX 202–307–1454 Sincerely, of how they handled the Internet Explorer Attorney General John Ashcroft Hillary Strengholt software. I know that their vision of the US Department of Justice importance of Internet Explorer to the future 950 Pennsylvania Avenue NW MTC–00032057 of computing may not be grasped by Washington, DC 20530–0001 To: Department of Justice everyone, but as a software professional I feel RE: Microsoft Settlement Re: Microsoft settlement that I may have a more intimate view of what Dear Mr Ashcroft: Date: 25 January 2002 the decision makers at Microsoft had in mind I am writing to convey my support for the After reviewing the documents related to when they made their decisions regarding settlement reached between Microsoft and the settlement of the Microsoft antitrust case’’ Internet Explorer. the Department of Justice in November 2001. I feel I must comment. I have 25 years I believe that Microsoft has been unfairly I believe this outcome is good for both experience in the computer field and have persecuted by the Justice system. If there can business and the consumer and gives never been prompted to action on any topic be any blame placed on Microsoft, I believe concerned parties an opportunity to move like this until now. that it lies only in the fact that Microsoft did forward.After reviewing the terms of the I am deeply disturbed that the revised a very poor job in presenting their vision in settlement, I am of the opinion that Microsoft ‘‘Proposed Final Judgment’’ will court relating to the decision-making has made many concessions and that the becompletely ineffective as it currently regarding Internet Explorer.However, since I government has negotiated a tough exists. The definitions therein are often so do not believe that this issue should ever agreement. For example, Microsoft agrees to restrictive that the judgment would eliminate have gone to court in the first place, I document portions of the code that Windows any benefit to those it harmed the most. It sincerely believe that any blame lies with the uses in order to make different programs decision makers in Washington DCI do not currently ignores the most significant work together. Competitors will then be able believe that the settlement is fair to opponent Microsoft has which is the not-for- to use such information to design better Microsoft, but I am not strongly opposed to profit organizations, which include the Linux programs.This represents a first in an anti- Microsoft accepting the settlement. I believe development coalitions.It also contains trust settlement. In addition, Microsoft that, the Justice department should do several loopholes that Microsoft is already consents to the formation of a three-member likewise and get this issue behind all of us. planning to use. But most of all it is too Technical Committee to monitor the This whole matters been an expensive lesson narrow that it only restricts anti-competitive company’s compliance with its new for all parties concerned, but in the end it is activities dealing with the operating system, obligations. the taxpayer who is footing the bill. browser, and middleware thereby allowing As a certified management consultant in While I do have a whole lot more to say the technical industry, I thoroughly them to assert their illegal monopolistic on this issue, this letter is not the place as understand the usability and flexibility that influence in several other emerging markets. I am certain that it would only go unread. Microsoft products provide. With your If I could enact a remedy, I would Perhaps some day after I retire, I will write continued support of this settlement, invalidate all Microsoft patents and have a book on why Microsoft’s decisions on Microsoft will be in a position to focus on them publish the source code for every matters relating to Internet Explorer were new technologies that will facilitate product they have produced. Even though simply sound, logical business decisions and increased efficiency and productivity for this remedy would fit their crime, it probably were in the best interest of the computing business and consumer users alike. would not be enough. Some may consider community and of the country. I suspect Sincerely, this a bit draconian and I doubt it would however, that time will demonstrate to the Mary M Ruprecht, CMC never happen, but it would be much more world the validity of what I, already know President effective in reducing the entry into Microsoft and that there will not be any reason for dominated fields by competing interests. I writing such a book as Microsoft’s vision will MTC–00032056 believe it would even make Microsoft a better become self-evident as their vision is Hillary Strengholt company,one that would have to innovate fulfilled. 2313 McMullan Circle instead of litigate. I encourage you to settle the case as soon Raleigh, NC 27608 Please do give Microsoft additional as possible and stop any further litigation so January 14, 2002 opportunities to abuse their monopoly under that everyone can get on with more important Renata Hesse the guise of a settlement to ‘‘unfetter a market matters. Trial Attorney from anti-competitive conduct’’. If this Sincerely, Antitrust Division settlement is allowed, Microsoft will have Leslie J. Colligan Department of Justice gotten away, not with a slap on the wrist, but 601 D Street NW, Suite 1200 with full legal permission to do what it’s MTC–00032059 Washington, DC 20530 been doing and more.This settlement is Farrell Graham Fax 202–616–9937 definitely not in the best interests of the 312 Kailua Road [email protected] public. Kailua, HI 96734 Dear Ms. Hesse: Thank you for your efforts in doing what 24January2002 I write to express support for the proposed is right. Attorney General John Ashcroft settlement in the federal government’s Sincerely, Washington, DC 20530 antitrust case against Microsoft. As a third- Boyce Fullmer Dear Mr. Ashcroft, grade teacher at Weatherstone Elementary Systems Architect I was pleased to hear the Department of School in Cary, North Carolina, I see every 3720 Cloudcrest Drive Justice reached a settlement in its case day the importance of computers and Plano, Texas 75074 against Microsoft. I believe this case went on technology in the lives and futures of my (972) 578–7772 for too long and I am confident there are students. many people who share this sentiment. I strongly believe that the needs of these MTC–00032058 Microsoft is a great company whose positive students—and the overall needs of our nation Leslie J. Colligon impact is felt in the economy, the personal and our economy—would be far better served 1262 Windsong Drive and professional lives of the public, and the by settling this case than by further costly Tracy, CA 95377 information Technology (IT) industry on a and debilitating litigation. January 24,2002 whole. With the economy in a state of The analyses that I have seen indicate that Attorney General John Ashcroft recession, it is in everyone’s best interest if the settlement strikes a difficult balance US Department of Justice the States ceased litigation against Microsoft.
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Those who remain in opposition to However, the quality control cost of any be allowed to move on and return their focus Microsoft would like to give the impression system rises with the square of the number towards business. It took three long years, but Microsoft got off easy in this settlement. This of components. Since Microsoft cannot now that a settlement is in sight, it would be is not the case. The terms of the settlement charge the users upgrade prices on which an embarrassment to leave it out to dry. The are fair and acceptable to Microsoft, yet their revenue growth, and therefore their terms of the settlement are fair and address several States continue to pursue litigation. shareholder value,depends without all the major concerns of the suit Microsoft compliance is far-reaching. They substantial feature expansion, the component Many people think that Microsoft got off agreed to broad terms extending to products count must grow linearly(50 new features) if easy. In fact, they have not. Microsoft has and technologies not even found to be not geometrically (10% new features) per agreed to allow computer makers to install unlawful, such as disclosing intellectual unit time. This insures that quality control and promote any software that they see fit. property for the greater good. This is an effort costs for Microsoft must follow a cost curve Microsoft has also agreed to not enter into to bring this matter to an end sooner and give that becomes untenable at some point, the any agreement that would require any Microsoft the chance to get back to what they only question being when not if. Therefore computer makers to use a fixed percentage of do best—create new products and services. the greatest punishment you can possibly Microsoft software. In an effort to allow This aids the US economy and the reformed impose on Microsoft is to forbid them to competing Software makers to develop more stability of the IT industry in more ways then break up their code base into integrable compatible software,Microsoft has agreed to direct Microsoft financial settlements with product lines as it marries them to a cost release part of the Windows base code.That’s individual States, curve that will kill them in due course. not even all of it, so anyone should be able I am grateful for this period of public Having sworn in court, settled in camera, and to see how committed Microsoft is to comment provided under the Tunney Act committed their reputation in public to the settlement. and I trust this avenue will help your office common argument that their cock base But clever people like me who talk loudly realize how strongly public feels about this somehow cannot be broken up, they will now in restaurants, see this as a deliberate issue. either reverse their position or march off the ambiguity. A plea for justice in a mechanized Sincerely, cliff. society. The terms of the settlement are fair Farrell Graham In short, I urge the Court to take Microsoft and the government needs to accept them. at its word by ordering them to simply Microsoft and the industry need to move MTC–00032060 conform to their testimony. forward, the only way to move forward is to January 22,2002 Very truly yours, put this issue in the past. Please accept the Ms. Renata B. Hesse, Esq Daniel E. Geer, Jr., Sc.D. Microsoft antitrust settlement. Antitrust Division Chief Technology Officer Sincerely, 601 D Street NW 196 Broadway Jim Verbick Suite 1200 Cambridge, MA 02139 10 DogWood Terrace Washington, DC 20530–0001 President Belvidere, NJ 07823 Dear Ms. Hesse, USENIX Association MTC–00032064 The Southern Saratoga County Chamber of 2560 Ninth Street, Suite 215 Commerce enters our strong support for the Berkeley, CA 94710 Sent By: The Ayn Rand Institute; settlement negotiated between Microsoft 310 306 4925; Corporation, the US Department of Justice MTC–00032062 Jan-24–02 5:15PM; and 9 of the remaining state plaintiffs in the Beaver Brook Ranch Page 1/3 multi-year antitrust lawsuit against the Custom Wood Products Via Fax # (202) 616–9937 software company. JOHNSON ROAD RIPLEY, N.Y. 14775 To: Ms. Renatta Hesse: As a representative of the business Renata Hesse Antitrust Division, U.S. Department of Justice community in the Upstate New York region, Trial Attorney From: Dr. Yaron Brook, executive director, it is our belief that it is in the best interest Antitrust Division the Ayn Rand Institute; of our national economy to move forward Department of Justice Dr. Onkar Ghate, resident fellow, the Ayn with this settlement, and we encourage the 601 D Street NW. Suite 1200 Rand Institute Justice Department to urge the Courts to Washington, DC 20530 Date: January 21, 2002 adopt the agreement as quickly as possible. January 24,2002 Re: Microsoft Antitrust Case As business, both on the state and local As a retired businessman I find this whole The Federal Justice Department should level, and nationally continues to move in a issue of the Microsoft Settlement very drop the antitrust case against Microsoft. If, positive direction, the resolution of this issue disturbing.I must first say that I do not own at this stage in the proceedings it is will only benefit all in the end. nor have I ever owned any Microsoft impossible to drop the Case, the Justice Sincerely, Stock.What I see here are Microsoft’s rivals Department should settle the case on as Peter L. Aust attempting to get our government involved in favorable terms to Microsoft as legally President/CEO micro managing the technology industry. I do permissible. (If possible, the Justice Southern Saratoga County Chamber of not feel this is in the best interest of the high- Department should create a legal settlement Commerce tech industry, economy or us the consumers. more favorable to Microsoft than the one 15 Park Avenue, Suite 7B—P.0. BOX 399. There has been over $30 Million taxpayers Microsoft agreed to in November of 2001.) Clifton Park, NY 120654399 dollars spent on this case already, don’t you To understand why one needs to Phone: (518) 371–7748 drink that is enough? understand two points, one general and one Fax: (518) 371–5025 I believe the settlement in this case is particular.First., antitrust laws are non- E-mail: [email protected] appropriate in scope because it addresses objective and unjust, Second, Microsoft is Internet: www.ssccc.org only those items upheld by the courts, guilty of no actual crime.Let us begin with Sincerely, the first point. MTC–00032061 Thomas P. Kelly The ‘‘actions’’ that anti-trust laws prohibit 23 January02 are vague, contradictory, undefined. For Renata Hesse, Trial Attorney MTC–00032063 instance, antitrust laws prohibit companies Suite 1200, Antitrust Division January 23,2002 from engaging in restraint of trade.’’ But what Department of Justice Attorney General John Ashcroft specific actions constitute ‘‘restraint of trade 60l D Street NW U.S. Department of Justice ‘? If, as is done repeatedly in the business Washington, DC 20530 950 Pennsylvania Avenue, NW world, a company signs an exclusive Re: Microsoft settlement Washington, DC 20530 distribution agreement with another Dear Atty. Hesse, I am writing today to encourage the company, is that ‘‘restraint of trade’’ because The remedy that Microsoft has so far Department of Justice to accept the Microsoft now other potential competitors are excluded successfully avoided is to have its code base antitrust settlement at the end of the Tunney from that area of the market? Or if a company broken up among two or more units. Act comment period. It is time that Microsoft sells a computer to individual X, is that
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‘‘restraint of trade’’ because competing means of penalizing the successful for being For whenever another entrepreneur can computer companies Can no longer sell X a successful,antitrust laws are a perversion of figure out a way to produce similar software computer since he has need for only one? No- justice. at a cheaper price or better software at an the courts have declared to businessmen-only Let us therefore now leave to one side attractive price (or some undreamt of product those ‘‘restraints’’ that are ‘‘unreasonable’’ are antitrust law, under which any action of a that makes current software obsolete), he is illegal.But which specific ‘‘restraints’’ are company could be considered a crime, and free to enter Microsoft’s market,And if he has ‘‘unreasonable’’? No definition is to be found ask whether in actual fact Microsoft is guilty a sound business plan, he will be able to in the law, so no company can know before of any crime. raise the necessary capital even if he has it acts which actions are in law legal and What are the principal accusations against none; there are thousands of venture which are not. Consider another example. Microsoft? capitalists looking for the next Bill Gates. The antitrust laws prohibit ‘‘unfair’’ trade Microsoft is accused of ‘‘unfair’’ Microsoft’s dominant position in the software practices. But again, what counts as an competition. But competition refers to the industry, in other words, must be earned unfair’’ practice? Is it any business practice process by which companies utilize their anew each day, that, for instance, causes bankruptcies among assets and personnel to build better and/or So once again, Microsoft is being attacked some of a firm’s competitors, because they cheaper products. They thereby seek to earn, for its success: in reality it has no monopoly cannot find a way to compete with the firm’s through voluntary trade, even greater profits, power just brilliant management. low prices and/or superior products? Or is it In a free market, there is no such thing as The only monopolies that can in fact exist any practice that the administration in power ‘‘unfair’’ competition. There are only better are government-created ones. Only a disapproves of? Again, no answer is to be and worse competitors. In other words,some government can prevent someone from found in the law, so it is impossible for companies are better than others at research entering a market and thus eliminate accompany lo determine beforehand which and development, at structuring long- competition. The Post Office, for instance, is specific actions the law prohibits. term,mutually-beneficial business a monopoly. There id title doubt that Federal Take one last example. Under antitrust agreements, at marketing products, at Express could provide better service, more laws, a company can be charged with keeping good employees happy yet cheaply, and still earn a profit. But the ‘‘predatory pricing’’if it sets prices below challenged. Microsoft, for example, excels at those of its competitors, because the all these processes-and many more.(The government forcibly prevents it from entering competitors might as a result go bankrupt. It charge that Microsoft is not innovative is the Post Office’s market. The Post Office’s can be charged with ‘‘monopoly pricing’’ if particularly disingenuous given its continual dominant market position is unearned: it it sets prices that are deemed too upgrades and improvements to its major offers sub-par service but because of high,because then it is supposedly bilking products; even Judge Jackson had to concede government coercion faces no competition. consumers of their hard-earned income. But this point.) The fact that Microsoft is one of Microsoft’s dominant position, by contrast, is if it therefore decides to set prices at the level the greatest competitor the business world earned: it faces constant competition, which of those of its competitors it can be charged has seen is, in a free nation, not a crime but in continues to win. with ‘‘collusion’’ or‘‘conspiracy’’ because a virtue. Again, do not equate the voluntary with now it is said to be no longer ‘‘competing.’’ The only ‘‘unfair competition’’ that exists the coerced. In the nightmarish world of antitrust law is in fact not competition. If, say, the mafia Microsoft is the epitome of American any and no action can be pronounced threatens to blow up a shopkeeper’s store business success: it produces enormous illegal.There are and can be no definite, unless he gives it a percentage of his sales, wealth through intelligence and hard work. objective principles specified in the law-and the mafia threat is not engaged in imagine the wealth that would exist-for every as a result a businessman has no way to competition, albeit unfair. They are engaged firm, for every employee, for every determine, before he acts, whether his action in coercion-precisely to prevent voluntary shareholder, for every customer -if ail is legal or not, Inpractice, this means that trade and the the market from operating. companies in America were run by a Bill businessmen are at the mercy of the When Netscape loses sales to Microsoft Gates. The fact that they are not should not government. Any moment the government because Microsoft’s browser is better and/or lead us to destroy Bill Gate’s creation but, all wants to cripple a particular company, it can cheaper, Netscape’s loss of sales bears no the more, to admire and champion it. unleash the antitrust laws against the similarity to a shopkeeper’s ‘‘loss’’ of sales to Why should the Justice Department drop company. In logic, a business has no possible the mafia. One must never equate the its case against Microsoft (or settle it with as defense against a charge of ‘‘restrain of trade’’ voluntary with the coerced. small a penalty as possible)? Because or‘‘unfair’’ trade policies or ‘‘predatory Secondly, Microsoft is accused of antitrust laws are arbitrary laws that penalize pricing’’ because the charge itself has no ‘‘predatory pricing.*’’ Translated into reality, virtue for being virtue-as the specific objective meaning,The antitrust laws, this means that Microsoft is able to charge accusations against Microsoft clearly reveal. therefore, vest the government with arbitrary prices below those of its competitors, such as Sincerely, power. Netscape. Some of these competitors, who Yaron Brock, Ph.D. Onkar Ghate, Ph.D. The result, unsurprisingly, is that when, cannot match Microsoft’s low prices, lose President and Executive Director Resident say, a bureaucrat is disgruntled with a market share or go bankrupt.But it is Fellow successful company because it has failed to Microsoft’s incredible efficiency and The Ayn Rand Institute The Ayn Rand share (i.e., give away) its wealth or support productiveness that allows it to undersell its Institute the government’s particular programs—or competition yet still make large profits. MTC–00032065 when a government thinks that destroying a Again, this represents not criminal behavior powerful company will win it votes with but real virtue. Fax Transmission misguided citizens who believe that Big Finally, Microsoft is accused of wielding Manatt, Phelps & Phillips, LLP Business is their enemy-or when ‘‘monopoly power.’’ This accusation as well 11355 W. Olympic Boulevard, Los Angeles, resentful,envious competitors (like Netscape is based on equating the voluntary with the California 90064 and Oracle and AOL in the Microsoft case) coerced Telephone: 310.312.4000 Fax: 310.312.4224 can persuade their government It is true that Microsoft has a dominant To: Renata Hesse representatives to cripple a superior market position in some segments of the Trial Attorney competitor-the brunt of the antitrust laws software industry and that some of its Antitrust Division descend upon that company. competitors have gone out of business. But Department of Justice It is no accident that it is America’s most this is become Microsoft has our-competed Fax Number:(202) 616–9937 and successful, most productive. most admired them: it is more innovative, more efficient, a (202) 307- 1545 companies-Microsoft, IBM, Intel, Wal-Mart, better marketer, and/ora better employer than From: Jeffrey A. Modisett American Airlines, Standard Oil, etc.-that are other software firms. Microsoft, in other Date: January 24, 2002 subjected to antitrust lawsuits, words, has earned its dominant position. Pages including cover; 6 As a form of granting arbitrary power to the And it continues to earn it; it faces Sender’s Comments: government, antitrust laws are constant competition, even if there are no 40462064.1 unconstitutional and un-American, As a actual competitors presently in its market. Operator Use Only
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If you do not receive all of the pages please shall be excluded from the requirements of legal process. Failure to comply with these call (310) 312–4203 as soon as possible. this subsection. Prior to the entry of any provisions raises an inference or, at a Thank you. consent judgment pursuant to the antitrust minimum, an appearance of impropriety. manatt laws, each defendant shall certify to the 8. Contrary to some press reports, the manatt I phelps I phillips district court that the requirements of this Tunney Act wag not intended in any way to Jeffrey A Modisett subsection have been complied with and that prevent the Department of Justice from Manatt, Phelps & Phillips, LLP such filing is a true and complete description entering into settlements in antitrust suits, Direct Dial: (310) 312–4145 of such communications known to the especially before trial where litigation risk is E-mail: [email protected] defendant or which the defendant reasonably generally present. The Act in fact that such January 24,2002 should have known, settlements were reached on the merits. BY FACSIMILE (202)616–9937 and 5. Recently, I was asked to review the 9. The legislative history and plain (202)307–1545 Tunney Act and certain public documents on language make clear that Congress intended Renata Hesse file in the case of the United States vs. that a judge make an independent assessment Trial Attorney Microsoft Corporation, Civil Action NO. 98– of whether any such settlement are in the Suite 1200 1232 (CKK), in the United States District public interest, precisely because the policy Antitrust Division, Department of Justice Court for the District of Columbia. Among the objective was to ensure that lobbying 601 D Street, NW documents I reviewed was one filed by contacts did not influence the law enforce Washington, DC 20530 Microsoft Corporation entitled, ‘‘Defendant function of the Antitrust Division of the Pursuant to Fed. Reg. 59452, Vol. 66, No. Microsoft Corporation’s Description of Department of Justice. I remain convinced 229 (Nov. 28,2001), attached please find the Written or Oral Communications Concerning that the policy objective was correct. notarized affidavit of former Senator John V. The Revised Proposed Final Judgment and 10. The language of the Act was clearly Tunney of California for submission in the Certification of Compliance Under 15 U.S.C. drawn and was intended to be inclusive and above-captioned case. Sec. 16(g),’’ purportedly to comply with the not exclusive. In my opinion, the filing of Sincerely, provision set forth in paragraph 4, above. ‘‘Written or Oral Communications’’ by Jeffrey A. Modesett 6. With respect to this provision of the Microsoft Corporation, referred to in Partner Antitrust Procedures and Penalties Act, it is paragraph, 5, above, is inadequate to satisfy Manatt, Phelps & Phillips, LLP clear that Congress intended that there show the clear language and intent of the Tunney 11355 W. Olympic Boulevard, Los Angeles, be full disclosure of all communications by Act. California 90064 Telephone: 310.372.4000 a defendant or on behalf defendant with any FURTHER, AFFIANT SAYETH NAUGHT Fax: 310.312.4224 officer or employee of the United States, JOHN TUNNEY Los AngeIes/Mexico City/Monterry/Orange except for communications made by counsel SUBSCRIBED AND SWORN to before me County/Palo Alto/Sacramento/Washington, of record alone with the Attorney General or this 22nd day of January, 2002. DC the employees of the Department of Justice. Eleanor McKenna AFFIDAVIT OF JOHN V. TUNNEY STATE It is equally clear that by ‘‘government NOTARY PUBLIC in and for said County OF CALIFORNIA COUNTY OF LOS official,’’ Congress meant ‘‘members of the. and State ANGELES ss:. Executive, Legislative, and Judicial branches ELEANOR McKENNA JOHN V. TUNNEY, being first duly sworn of government’’. Congress specifically Notary Public, State of New York upon his oath, deposes and says: intended to cover communications by No. 31–4973011 1. The following facts are known to me of officers of a defendant corporation, lawyers Qualified in New Yourk County my own personal knowledge and, if called as of such corporation, lobbyists of such Commission Expires October 9, 2002 a witness I could and would competently corporation, or anyone else acting on behalf 40459139.1 testify thereto. of such corporate defendant, If I had not been 2. From 1971 to 1977, I represented the satisfied this was the plain meaning of the MTC–00032066 State of California as a United States senator statue, I, as the principal author of the Jan 24 02 04:47p in Congress, legislation, would not have pressed the January 23,2002 3. While serving as a member of the legislation through to final passage. I am Renata Hesse, Trial Attorney Judiciary Committee of the United States satisfied that the clear Ianguage of the statute Antitrust Division, Department of Justice Senate during the 93rd Congress, I authored ensures disclosures of the type described in 601 D Street NW, Ste. 1200 that certain bill described below, and acted this paragraph, The legislative history and Washington, DC 20530 as the Floor Manager of the legislation during intent of its author buttress these VlA FACSIMILE its consideration by the full Senate. That conclusions. (202) 616–9937 legislation was passed by Congress and 7. In my opinion, it is essential that all Dear Ms. Hesse: signed into law by the President of the discussions between the defendant This letter is being written to the courts in United States. That portion of the law to corporation and the government (with the support of the proposed settlement in the which I refer below is codified as Section 2(g) specific exception noted in paragraph 6, case of US v. Microsoft. I am extremely of the Antitrust and Penalty Act, 15 U.S.C. above) in an antitrust case that might have concerned about the state of our economy $16(g), and is a subsection of the law now led to a proposal settlement decree be and believe a settlement in this case would commonly referred to as the ‘‘Tunney Act.’’ disclosed. If a defendant corporation did not provide a greatly needed boost. This legislation was signed into law have to disclose any contacts or The government’s case against Microsoft December 21,1974. communications with the government until has been devastating to our economy. One 4. I authored the following language, which such time as there is an actual decree, the need not look any further than a graph of the was included in the final version of the very purpose of the disclosure would be Dow Jones since the case began. It is a legislation: Not later than 10 days following defeated. The Tunney Act was never straight line down. Yes, there were other the date of the filing of any proposal for a intended to allow for a situation where, in factors. But I don’t think we can ignore the consent judgment under subsection (b); each theory, prolific lobbying could be conducted effect of putting the most important defendant shall file with the district court a by the defendant prior to the time the American company of the 21’’ century into description of any and all written or oral presiding judge has ordered settlement a slate of paralysis. communications by or on behalf of such negotiations, without public disclosure. If This settlment needs to be completed so defendant, including any and all written or allowed, the Tunney Act would not have the economy can begin its long climb back. oral communications on behalf of such reformed the practices utilized in settlement Sincerely, defendant, or other person, with any officer of the ITT case, which in significant fashion Anthony Finchum or employee of the United States concerning demonstrated the need for the legislation in 143 Rainier Cl. or: relevant to such proposal, except that any the first instance. The disclosure provisions Chula Vista, CA 91911–5423 such communications made by counsel of were designed to help ensure that no record alone with the Attorney General or the defendant can ever achieve through political MTC–00032067 employees of the Department of Justice alone activities what it cannot obtain through the Nicholas Martin Jr.
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6100 Southwest Blvd., Suite 501 new technology from being developed. Many The settlement adequately remedies the Fort Worth, Texas 76109 promising avenues of research and product situation and should be endorsed by the (817) 377–4344 development have been terminated due to courts. (817) 377–3188 direct and indirect influence of Microsoft. The Federal Government and 19 State January 22,2002 The activities of Microsoft found to be illegal Attorney’s General argued that this case is on Renata Hesse trial Attorney by the court are continuing, even behalf of consumers. According to their Antitrust Division accelerating. The settlement does nothing to argument, consumers paid higher prices for Dept of Justice address the behavior of Microsoft that caused software because of Microsoft’s 601 D Street NW, Suite 1200 the DOJ to sue in the first place. The anticompetitive practices. Yet,questioning by Washington DC 20530 settlement actually contributes to increasing Appeliate Judges during one Phase of the Dear Ms. Hesse: Microsoft’s dominance by requiring trail gave no examples of consumers who Let’s settle the proposed final judgment Microsoft to invest in increasing its market suffered harm by Microsoft’s business between Microsoft Corp. and the US Dept. of share by providing its products to schools. practices. Furthermore,arguing that Justice agreed to on November 6, 2001 and I cannot object more strenuously to the consumers have suffered in the web browser get on to the most important thing facing us terms of the DOJ agreement. The industry market is ridiculous. I can get Netscape or today the Euron mess. needs more diversity rather than less. This Explorer for free. If we don’t bring the executives and deal will accelerate Microsoft’s dominance. Most of the class action suits claiming directors of Euron to justice and change the This will be bad for the US software business consumer harm against Microsoft have been practice of corporations, allowing them to and cannot be in the country’s or consumers’’ dismissed. The settlement creates a give ludicrous stock options to insiders best interests. government representative to oversee unreported as a liability to stock holders and Sincerely, Microsoft’s actions and prevent any unfair many other shady practices we are going to Michael Price practices. The courts should approve of this bring our system of free enterprise as we President Settlement. know it to an end. Hoping you understand Peak Process, Inc. Sincerely, our concerns and in some way will help get 1665 Escobita Ave. Christian Krejcik things started. Palo Alto, CA 94306 Executive Director Sincerely, [email protected] Adam Smith of California Nicholas Martin Jr. STATE BOARD OF MTC–00032070 MTC–00032068 DIRECTORS Davis Consultants, Inc. KEN MOSER City of Stanton 3 James Center, Suite 1204 SAM HARDAGE P.O. Box 370 Phone 756–3301 1051 East Cary Street JOEL ANDERSON Stanton, Texas 79782 Richmond, Virginia 23219 RICK OTIS January 24, 2002 (804) 782–1001 JIM GIBSON Renata Hesse Antitrust Division January 24, 2002 DAVE DUNCAN Department of Justice Reneta Hesse, Esquire MIKE FREDENBURG 601 D Street NW, Suite 1200 Antitrust Division GAIL, HERIOT Washington, DC 20530 U. S. Department of Justice ELECTED OFFICIALS Dear Ms. Hesse: (FAX) 202–616–9937 ‘‘DUKE’’ CUNNINGHAM I am writing in support of the proposed Dear Ms. Hesse: 51ST CONGRESSIONAL settlement recently negotiated between the Except for being an avid user of the DUNCAN HUNTER Department of Justice and Microsoft. There is Microsoft product line, I don’t have a dog in 52ND CONGRESSIONAL no reason for this case to continue the settlement hunt regarding the company DARRELL ISSA languishing in the Federal Court system. No and Federal government. However, I do have 48TH CONGRESSIONAL evidence has been presented to show that friends who are and just wanted to echo their RAY HAYNES Microsoft’s products or marketing practices request that you approve the pending 36TH STATE SENATE have ever harmed a single consumer. To the settlement agreement. BILL MORROW contrary, productivity increases traced to It’s hard to imagine that there is a single 38TH STATE SENATE Windows alone have been enough to spur attorney from Syracuse to San Diego who JIM BATTIN billions in economic growth over the last hasn’t been involved in this matter. Frankly, 37TH STATE SENATE decade. at least to me, enough is enough. From what JAY LA SUER For several years, the federal government little I know about the factual details, the 77TH ASSEMBLY has been snooping around Microsoft, at settlement is a sound and reasonable PATRICIA BATES incredible expense to the taxpayer-$35 resolution of the matter. It’s time for this 73RD ASSEMBLY million-without finding any evidence of puppy to go away so we can all focus on MARK WYLAND consumer harm. Since there is no economic other matters. 74TH ASSEMBLY or legal reason for the government to destroy Warmest regards, DENNIS HOLLINGSWORTH this American success story, it is time to Charles J. Davis 66TH ASSEMBLY P.O. BOX 1621 settle the case. Let’s put an end to this MTC–00032071 frivolous waste of money and let America LA MESA, CA, 91944 continue to lead the world in technological FROM: DENNIS HOLLINGSWORTH 4 PHONE: (619) 462–1776 innovation, SENATE FAX NO. : Jan. 24 2002 FAX: (619) 462–2466 Sincerely, 02:45PM P1 EMAIL: Danny Fryar THE ADAM SMITH INSTITUTE [email protected] City Administrator January 24, 2002 MTC–00032072 City of Stanton Renata Hesse, Trial Attorney FACSIMlLE VIA (202) 616–9937 DICKMEYER & ASSOCIATES MTC–00032069 Antitrust Division, Department of Justice 9020 Brockport Run Dear Sirs, 601 D Street NW, Ste. 1200 Fort Wayne, IN 46835 I am the president of a small software Washington, DC 20530 Attorney General John Ashcroft company. I have worked in the software Dear Ms. Hesse: Department of Justice business for over 20 years and have watched The proposed settlement in US v. Washington, DC 20530 with increasing concern the domination of Microsoft should be approved. I am writing January 22, 2002 the industry by Microsoft. the courts because I don’t support many of Dear Mr. Ashcroft: Speaking as an entrepreneur, the the arguments made by the federal From all appearances consumer choice was dominance of Microsoft is preventing much government and State Attorney’s General. the big winner in this settlement. If a
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consumer chooses Windows as the operating Comments: FROM: ROGER MARQUIS system for their computer, they will no MARY H. BLACK DATE: JAN 24, 2002 longer be limited to using Microsoft services 4261 W 4570 S RE: MICROSOFT SETTLEMENT such as Internet Explorer, Windows Media West Valley City, UT 84120 COMMENTS: Player and Windows Messenger. They will January 21,2002 THANK YOU now be allowed the choice of non-Microsoft VIA FAX 1–202–307–1454 or Renata B. Hesse programs to provide similar services. 1–202–616–9937 Trial Attorney, Antitrust Division, Suite 1200 I know that some of Microsoft’s Attorney General John Ashcroft U.S. Department of Justice competitors will argue that the settlement U.S. Department of Justice 601 D Street NW does not go far enough in extracting 950 Pennsylvania Avenue, NW Suite 1200 concessions from Microsoft. Please remember Washington, DC 20530 Washington, DC 20530–0001 that your responsibility is to the consumer Dear Mr. Ashcroft. The DOJ’s Proposed ‘‘Settlement’’ it is so and the American public as a whole, not a I wrote previously to Senator Hatch in the full of holes as to been tirely ineffective in handful of jealous lobbyists. You have hopes that my comments would make a curbing MS’’ illegal business practices. I reached an agreement beneficial to them, and difference on the state level in the Microsoft hope the transparency of this settlement is that is what counts. antitrust case. I write to you today to ask that not lost upon the court. Thank you very much for your time and the federal government takeno further action To accept the DOJ’s proposal would: attention. against Microsoft. For three years now, the A) keep this case in court for many, many Sincerely, resources of a dominant figure in the IT years to come,B) deny consumers the right to Linda Dickmeyer industry, as well as those of the Department choose applications free from monopoly of Justice, have been tied up in settling this influence,C) thwart the free-market MTC–00032073 antitrustdispute.This serves well neither the competition needed to make software Community Solutions, Inc corporation, nor its shareholders, nor its development profitable, andC) deeply Planning & Development Consultants customers, nor the taxpayers, norjustice damage many American’s belief in the US P.O. Box 655, Andover MA 01810 itself. When the settlement was reached last system of law. TheDOJ’s proposal would Telephone (978) 988–2428 November, I was pleased to think that this prove that laws apply only to those without theresources to litigate. Fax (978) 658–6152 debacle might finally come to a fruitful end. The only effective solution, the only January 24, 2002 Now, however, as fully half of the eighteen solution that will restore a level playing field, Renata Hesse plaintiff states in the casehave taken not surprisinqly the remedy previously Antitrust Division advantage of the settlement review period to entered, is splitting the company into two, Department of Justice muster support for rejection of the agreement. OS and applications. Until Microsoft is split, 601 D Street NW, Suite 1200 I have begun once again to lose hope that the thereby forcing the OS division to publish Washington DC 20530 settlement will end in the near future.I fail ALL file formats, ALL communication Dear Attorney Hesse, to see how the settlement can be perceived protocols, and ALL APIs my business as as in any way unfair, especially Please accept my comments with regard to many other’s will continue to be harmed. We the Microsoft antitrust litigation presently consideringthatsome of the terms reached in will continue to waste time and money trying before the federal court. I support the the agreement cover methods and markets to correct intentional incompatibilities proposal to end the case by agreeing to the not determined to beunlawfulby the Court of between MS and third party software, and settlement that was reached last month Appeals. Months of mediated negotiation our users will continue to be exposedto a between the attorneys for Microsoft and the were necessary before this settlementcould completely unnecessary risk of viruses, Justice Department attorneys. This case has bereached. Microsoft was allowed to remain trojans, and data loss.I urge the court to reject gone on too long, and is now only serving to intact, and in exchange, among other things, the DOJ’s proposed remedy and restore Judge hamper the industry and the stock market Microsoft agreed to allow its competitors Jackson’s order of June 7, 2000. with the uncertainty it brings to the access to source code, protocols, and Sincerely, economy.It has long since become apparent interfaces integral to the Windows operating Roger Marquis that the interests of a few industry rivals have system to facilitate the introduction of non- CEO, Roble System driven this case, and that the wishes of the Microsoft software into Windows. P.O.Box 46 American people to see it end have not yet Microsoft has also agreed not to enter into Palo Alto, CA 94302 been heard. The United States needs to have any contracts that would require a third party (650) 323–2777 all these companies back working on product to distribute or endorse Microsoft products at before they lose ground to foreign a fixed percentage. These negotiated MTC–00032076 competitors. We all need the jobs and agreements strike me, as a layman, as more Missy Broussard investment dollars that they create, than ‘‘fair.’’ The big tobacco settlement has 498 Laurelleaf Lane I believe that Judge Kollar Kotelly had the apparently whetted the appetites of states Covington, LA 70433 right idea in directing the parties involved to involved in litigationagainst large January 22,2002 work toward a settlement, and I support the corporations. The desire to bring additional Renata Heese result of that process. I hope this will mean suit against Microsoft is motivated by Trial Attorney a quick resolution of this issue. greed,and not justice. I respect your integrity, Antitrust Division Thank you for your time in considering my Mr. Ashcroft, as well as your unshakeable Department of Justice opinion. support of the law, and am hopeful you will 601 D Street NW, Suite 1200 Respectfully, have the Justice Department turn away from Washington, DC 20530 Jay J. Donovan an unjust case instigated by your FAX: 202–616–9937 predecessor. RE: U.S. v. Microsoft MTC–00032074 Sincerely, Please know that my feeling is that this 5624 S. Redwood road Mary Black settlement is in the best interest of the Taylorsville, Utah 84123 Cc: Representative Chris Cannon economy and consumers. Tel:(801)966–0066 Fax: 202–225–5629 Our economy could use a boost and I think Fax: (801) 967–8735 this settlement will help. I think that this Date: Jan 24 02 MTC–00032075 case has gone on long enough. Too many tax To: Hon. John Ashcroft, Atty Gen ROBLE SYSTEMS doilars have been spent on it. We need to Company: of USA Roble Systems Inc. encourage competition and we don’t need the Fax: 1202 307 1454 or 1–202 616 9937 Unix, Network and Secuirty Consulting courts so involved in an industry that it From: Mary Black P.O.Box 46, Palo Alto, CA 94302 discourages growth and innovation. Company: Phone: (415)256–2502,(650) 323–2777 Please approve the settlement and Tel: 801 969 5604 (hm) Email: [email protected] encourage more companies to get out Number of pages including this one: 2 Http://www.roble.com thereand compete.
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Thank you, get back to the business ofcreating newand E-Mail:[email protected] Missy Broussard better products for consumers. Date: January 24, 2002 Sincerely, To: MTC–00032077 Francis L. Marini Company: U.S. Department of Justice The Commonwealth of Massachusetts Minority Whip FAx: 202 616 9937 House of Representatives Bradley P. Jones Jr. From: C. Dean Whitaker State House, Boston 02133–1054 Asistant Minority Leader Company: FRANCIS L. MARINI 6TH PLYMOUTH George N. Peterson, Jr. Tel: 703 383 1437 DISTRICT Minority Whip Tunney Act Commentary to the Proposed REPRESENTATIVE DUXBURY HANSON Mary S. Rogeness Microsoft Settlement PEMBROKE Assitant Minority Whip My Interest MlNORITY LEADER ROOM 124 I have been a software developer for five TEL.(617)722–2100 MTC–00032078 years, producing systems used by the Rep. [email protected] York PROPERTIES, INC. Department of Defense. The terms of the Fax Cover Sheet Asset Management, Leasing, Property Microsoft settlement will profoundly affect TO: Renata B. Hesse Managament the manner in which I use computer systems Antitrust Division- U.S. Justice Dept. Brokerage, New Homes, Relocation professionally. Even in my home, where I FAX: 202–616–9937 January 17, 2002 program software and tinker with hardware FROM: Renata Hesse both out of necessity and for my own Office of Representative Francis L.Marini Trial Attorney amusement, I have a stake in seeing that the House Republican Leader Antitrust Division market provide competition and innovation. (617) 722–2390 Department of Justice The Findings The Commonwealth of Massachusetts 601 D Street NW, Suite 1200 The responsibility of the Federal House of Representatives Washington, DC 20530 government, as it applies here, accorded by State House, Boston 02133–1054 Fax 202–616–9937 the Sherman Antitrust Act, is to prohibit FRANCIS L. MARINl 6TH PLYMOUTH [email protected] behavior which deigns to continue monopolistic practices if those practices are DISTRICT Dear Ms. Hesse: deemed to restrain trade and are injurious to RPERESENTATIVE DUXBURY o As a real estate professional in one of the competition and economic liberty. PLYMOUTH o PEMBROKE nation’s fastest-growing markets, I can attest The behavior of Microsoft Corporation has MINORITY LEADER ROOM 124 to the importance of settling the Microsoft TEL. (617) 722–2100 been deemed by the U.S. District Court’s antitrust case as soon as possible. I write in Findings of Fact to be injurious as such: Fax (617) 722–2390 hopes that the court considering the They have withheld technical information [email protected] proposed settlement will give careful from the industry though the market lacks January 24,2002 consideration to the view I know I share with any alternative product for consumers to seek Ms. Renata B. Hesse many Americans who are concerned about out. Antitrust Division the continued impact this litigation could • They have encouraged the development U.S. Department of Justice have on our nation’s economic recovery. of software and data that would prevent 601 D Street NW, Suite 1200 I strongly believe that competitors should competing software from functioning Washington, DC 20530–0001 settle the differences in the marketplace, not properly. Dear Ms. Hesse, in the legal arena. The Microsoft suit was • They have threatened sanctioning of There is a growing sentiment among driven by competitors of Microsoft, and the corporate partners who wished to build economists that we are finally seeing the U.S. Department of Justice allowed itself to systems that included certain software that light at the end of the tunnel of our nation’s be used in that effort to win in the courts Microsoft wished to keep excluded. recession. The markets are improving, and what competitors had been unable to win in • They have engaged in technical practices the economic forecast isgenerallypositive. the market. that had no particular innovation but to lock However, state revenues are down and most Now a settlement has been negotiated out competitors from such systems wherein states will have to consider tough cuts on under which Microsoft will be required to Microsoft owns a monopoly. spending in coming budgets. change its business practices substantially The question of the breadth of power that In Massachusetts, we have witnessed a and submit to continuing review of its Microsoft wields in both home and business shrinking state revenue base mostly caused behavior. This should be sufficient. It is time markets is clear. The findings state that the by therecession. Many growth opportunities for the high-tech industry to get out of the market share for Microsoft systems on Intel were squandered in the 1990s, and now, courtroom and lawyers’’ offices and back to platforms has stood at ninety-five percent or instead of trading on our accomplishments, work providing better products, better greater in recent years. It also describes we are lamenting over what might have been. services and lower, prices to consumers. ‘‘positive network effects’’ associated with One thing that can be done to aid states’’ Sincerly, OS software and applications; that more economies is to end the Microsoft lawsuit. Peter Pace consumers will be more inclined to use a We are writing in support of the nine states Vice President system as its user-base expands. This and the Department of Justice’s settlement Commercial Sales and Leasing phenomenon, in a general sense, describes agreement. It is afair andreasonable 801 Oberlin Road Suite 335 o Raleigh, NC most of the barriers to competition and agreement, which brings a satisfactory 27605–3125 innovation that Microsoft has constructed. conclusion to this long-running anti-trust 919/821–7177 Limiting the severity of these barriers case. 919/833–1363 Fax should be the primary motivation of a final As the old saying goes, a rising tide floats www.yorkproperties.com judgment. all boats. And just as a rising tide will float Society of Industrial and Office Realtors The Current Remedy’s Problems a boat sitting at the lowest point first, so the Industrial Menmber(SIOR) The final judgment should succeed in one resolution of this case will help those who Certified Commercial Investment Member thing if it fails in all others, it should punish have the farthestto risefirst. Organization (CCIM) Microsoft for the behavior for which it has The technology-driven ‘‘innovation The Commercial Network (TCN) been deemed guilty. The current settlement, economy’’ has created tremendous Institute of Real Estate Managament(REM) by specifying no restrictions on the behavior opportunities for the citizens of the of binding applications more closely to the Commonwealth. But we must act now to take MTC–00032079 operating system thereby tacitly allows such some of the uncertainty out of theeconomy. Fax Cover Sheet Kinko’s behavior that the District Court found We urge you to endorse this settlement 13061 Lee Jackson Memorial hwy inappropriate. This omission rewards such agreement, which would provide states Fairfax VA. 22033 actions as has been deemed illegal, and greater confidence infiscal planning and Telephone: (703) 817–0900 would therefore leave the market worse than would allow entrepreneurs and businesses to Fax: (703) 817–0970 if no trial had been held at all.
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Open Data Format Standards on a computer, is inaccessible from many expeditiously within a review board set up There must be a remedy to require non-Microsoft operating systems. The by this remedy, thereby allowing both the Microsoft’s business systems: OS, office practice of proprietary hardware is indeed so petitioner and the state, to save the time and applications, business enterprise systems, counter-productive that its exercise by Intel’s expense of a new trial. and networking software, to use open competitors is largely responsible for Intel’s, Finally Given the current economic industry standards for document and data and thus Microsoft’s, past successes. That circumstances of many of Microsoft’s formats. Microsoft has, itself, sponsored and Microsoft can now engage in this practice to potential competitors, this case may be the advocated the creation of standards within no noticeable detriment bodes poorly for last opportunity to stem the expansion of a the XML (Extensible Markup Language) hardware innovation. corporation that could very easily wield family of languages. Enforcing the use of Liberating the Boot Sequence power over every sector of the economy. If industry-accepted formats for common Contractual requirements that Microsoft a single entity were to have proprietary Internet protocols would allow the survival has forced upon OEMs that prohibit and control over the protocols that constitute the of competitors within the browser market. subtly (and illegally) sanction against Internet, that entity would have a hand in all Without such measures, Microsoft may competing products being loaded in either information-based commerce and finance. promote, and by sheer weight proliferate, the the OS boot sequence or the computer’s BIOS Microsoft has continued many dubious use of standards which lock out competitors boot sequence should be dissolved and practices throughout the course of this trial, and likewise consumers who do not or prevented from re-establishing in any form. including threating license audits of civil cannot license the latest Microsoft browser The former (of the OS boot sequence) has government institutions. Microsoft considers versions. inhibited the survival of competing Windows itself above the law and the case settlement This involves requiring Microsoft to use products by making it less convenient to should not confirm their position. industry-accepted data formats for the operate non-Microsoft applications. The Thank you resultant files of its more commonly used latter (of the BIOS boot sequence) has C. Dean Whitaker systems, such as those encompassed by XML- prevented the OEMs from selling, within 12162 Penderview Lane based standards, or to publicly publish and normal distribution channels, multiple-boot Apt. 1623 promptly update data formats for systems systems, computers with more than one Fairfax, VA 22033 where the industry has no definite single operating system. 01/24/02 16:14 FAX 005 standard. Encouraging Competition on the Internet MTC–00032080 Possible standards include, but are not The conventional reason cited for the limited to, Microsoft Word word processing breakup of the Standard Oil trust was that Bob Smith, Chairman document data and templates, Microsoft Standard controlled the resource (oil) as well Onondaga County Republican Committee Excel spreadsheet data and templates, as its primary distribution network (the 375 W. Onondage St. Microsoft Powerpoint data and templates, railroads). The court should take into Syracuse, NY 13202 315–471–2020 Microsoft SQL, Microsoft Access database consideration that the resource in this case 315–471–2O33fax files, Microsoft Outlook client and Microsoft (the operating system and all of the To: Renata Hesse Exchange server email processing and applications that Microsoft claims are ROBERT W. GIARRUSSO, Chairman NANCY J. SANFORD, Administrative transmissions data, Microsoft financial inseparable from it) will soon have as its Assistant software, networking protocols, file-system primary distribution network the Internet January 24, 2002 protocols, file-system journalling itself. If Microsoft were to simply maintain Renata Hesse, Esq. information, and any immanent ‘‘NET’’ its current market share of computers on the Trial Attorney systems protocols. Internet, (though its share is, in fact, growing) Antitrust Division When Microsoft Word entered the field of it could soon devise a way to lock out Department of Justice word processing software, it had many viable systems running competing software, even if 601 D Street NW, Suite 1200 competitors. At that time, they strived year that software is running on a Microsoft OS. Washington, DC 20530 after year to improve the power, quality, and This suggested remedy, ,therefore, is for Dear Ms. Hesse, stability of the application. One feature that the U.S. Federal government to be extremely I am writing to advocate for settlement of allowed them access to the market was the vigilant in the future, and to make such a the matter U.S. v. Microsoft. New York State program‘s ability to import foreign formats settlement that would enable the government is still recovering from the failed fiscal (formats from competing or archaic systems). to step in, without delay, to protect a policies of a decade age, and thanks to Microsoft currently wields enough power to company or organization for whom a new Governor George Pataki has become far more produce barriers to competitors choosing to barrier to competition has been specifically business friendly. However we still have a emulate this practice: the document implemented by Microsoft. The financial long way to go. standards are much larger and represent interests of the company or organization, and Microsoft products are used by the vast many features including version control. indeed the market itself, could ill-afford to majority of business and consumers in New Microsoft has already begun in the courts wait out any major trial relating to such York. Litigation aimed at breaking up system and by promoting particular future actions as Microsoft undertakes. A Microsoft is not the proper role of the federal legislation, attempting to legally prohibit ‘‘probationary period’’ should extend at least government. Our officials, elected and reverse-engineering of their data standards, for five years from this settlement, during, appointed, need to do everything they can to and it is only inevitable that they will which time a compliance committee with encourage capitalism, the advancement of attempt to intimidate competitors based on power to overturn egregious practices should technology and healthy competition. I have document formats or business application be in operation. One past example of such seen no evidence of public outcry regarding standards. behavior was not cited in the findings but Microsoft. This lawsuit was generated by Of course Microsoft can be held nevertheless provides an example of where Microsoft competitors and the battle belongs accountable only for how its own this remedy might have been utilized. If the in the marketplace, not the courtroom. To applications behave, and not for how others services of an online greeting card company punish this company with further litigation may use them. However, the remedy may were to be rendered less functional by a new and use tax dollars to fund this dubious effort specify that such open standards are to be version of Microsoft Internet Explorer while will only hurt the end user—we the provided by Microsoft’s applications, Microsoft was simultaneously engaged in consumers. especially for the benefit of contracts and starting a competing online service the U.S. Please include me among those who programs required or funded by the U.S. Federal government could, during this support immediate settlement over Federal government. probationary period, step in and force protracted litigation. Another category of software that open Microsoft to roll back the changes that Sincerely, standards may apply to is that of proprietary created the problem or to release a new Robert Smith device drivers for widely-used hardware that version entirely correcting the problem. The Chairman for one reason or another competitors have customers who received the faulty version been to barred from using. One example is would be sent the correcting software at MTC–00032081 Win-modem technology which, when present Microsoft’s expense. This would occur William Ashendorf
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Attorney/Mediator technical specifications about the operating Still, when I visit most software vendors, I January 22, 2002 system. At the same time, Microsoft can find them reluctant, almost fearful, of Renata Hesse continue its efforts to develop new, carrying Mac software. Trial Attorney innovative products. Chains such as Walmarts get their stock Antitrust Division It is time to accept this agreement and get thru central buyers which have shown Department of Justice technology companies back to the business of reluctance in the extreme to carry anything 601 D Street NW, Suite 1200 innovation and product development. A BUT MS compatible software. In one case, a Washington, DC 20530 thriving technology industry can have a chain called ‘‘Best Buy’’, I discovered Mac Microsoft Case ripple effect on my own business. I know that and Windows versions of identical software Dear Ms. Hesse: here in North Carolina a strong boost in on the shelf together, with the Mac version As an attorney and business owner, I know technology and other sectors is needed to selling at $10 more than the MS version. I the impact litigation and government build our economy back to the level we had summoned the store manager and demanded regulations can have on a company. I am also a year or even three years ago. Thank your an explanation. I was told that if he did not very interested in how technology has for your attention to this issue. price the products in that fashion, MS would changed the legal profession and the Sincerely, pull all their products from his shelves. economy so I have been following the Phil Levine This has not been the exception, but the Microsoft antitrust with interest. rule. How blatant does MS have to act before The proposed settlement agreement will MTC–00032082 they can be found guilty of racketeering? provide adequate remedies to all involved in From: [email protected]@inetgw How obviously does a monopoly have to this industry-Microsoft, its competitors, To: [email protected]@inetgw conduct themselves to be recognized for what computer manufacturers, software developers Date: 11/18/01 4:48am they are? And how many people will have to and consumers. To: Office of the Attorney General be hurt or driven out of business before The protection for Microsoft competitors From: Anthony D’Andrea someone takes this monster in hand and include access to technical information about Box 1209 administers justice??? the Windows operating system so non- Randolph MA 02368 The dangers of such a concentration of Microsoft software systems can be used. Re: Microsoft prosecution power go far beyond simply fair business Microsoft can renew its efforts to develop People: practices. Their efforts, for instance, to innovative software and continue its I still remember the last thing Microsoft modify Sun’s JAVA language earned them technology leadership in the global economy. produced which, as far as I know, was a lawsuits and produced a certain degree of It is time to resolve this issue and get legitimate creation of their own company. It confusion among web programmers. Their technology companies back to the business of was a Floating-Point BASIC Interpreter for regular introduction of new media formats innovation and product development. In my the old Apple II Machines that came out without the software to allow other systems own city of Charlotte, we have seen the around 1979 or so. Since then, it has been all to immediately keep up with the changes impact of a slowing economy, with some downhill for MS. provides them with additional pressure to technology companies closing and others It is common knowledge that Bill Gates sidestep fair competition. And thruout these reducing their workforces. Other industries stole the MS-Dos operating system from his efforts, there is always the MS database, in are also facing tough times. A thriving partner at Altair, then sold IBM on using it which a great deal of personal information is technology industry could provide a boost to for the OS in their first computers which kept. other parts of the economy. I appreciate your appeared several years after the Apples. Does a database of personal information attention to this matter. Gates’’ next lie read like this: ‘‘If you want provide a threat in and of itself? Of course Sincerely, a personal computer that you can hook up to not. I am sure Apple has my name and William Ashedorf your business mainframe, it will have to be address somewhere in its files. But think of 6040 Jester Lane an IBM’’. Not an ounce of truth in it, but the back-door that MS gave to the NSA, Charlotte, NC 28211 between the cosmetic value of the lie and which allows them to enter anyone’s Tel. & Fax. (704)366–7720 IBM’s massive market share, it enabled MS computer, anywhere in the world, examine PHI’S DELI III IN TOWN to capture a good 85% of market share from the hard drive and even read and write on 105 E St. what had been mostly Apple’s territory. that drive with complete concealment. When Charlotte, NC 28202 Later, after Apple had begun incorporating the Chinese discovered that, they began a Ph: (704)347–0035 mouse and windows technology into their campaign to eliminate Windows from every Fax: (704) 347–3663 later Apple II’s, the Apple III, the Lisa and machine in their country and replace it with January 16, 2002 early Macs, MS produced the first version of Unix. Think also of the Eschalon program, Renata Hesse Windows, for which Apple promptly and which has had Japanese and German Trial Attorney properly sued them for copyright authorities angry at us in the USA for some Antitrust Division infringement. Apple won that round, and time now, as they have justifiable fears of Department of Justice MS’s ‘‘Trash Can’’ has been a ‘‘Recycle Bin’’ corporate espionage if that aforementioned 601 D Street NW, Suite 1200 ever since. ‘‘back-door’’ gets into the wrong hands. Washington, DC 20530 Unfortunately, the lies and thievery from Right now, business has almost no Re: Microsoft Case Gates & Co. was far from over. Since that alternative to Windows. And since Windows Dear Ms. Heese: time, every innovation that has come down is nearly completely borrowed or stolen As a restaurant owner and consumer, I’ve the pike has run headlong into Bill Gates. technology, several years behind Apple and seen the immediate impact that slowdown in Innumerable companies have had to make others, and since some real security threats the economy is having on individuals and the choice between selling out, licensing the exist and grow more ominous on a daily businesses. I live daily with the changes in technology to MS or being driven out of basis, something MUST be done and done government regulations. Many are important business by being undersold. To this day, soon to eliminate this threat. to the health of our citizens, but other hardware companies sell their wares at near The only solution is to deal with Microsoft regulations and antitrust litigation can have cost, simply in an effort to undercut the thru the courts, in the most appropriate way a damaging effect on innovation and competition and keep others like Apple from possible, under the RICO laws as racketeers. production. regaining any market share, then they make By taking them in hand, forcefully, and I have been following the antitrust their profits from the software later. compelling them to adopt practices that will litigation against Microsoft and believe that I own a Macintosh machine. The machine open the market to real competition, you will the proposed settlement agreement strikes a is equipped with a package called ‘‘Virtual find that rather than hindering development, balance between the needs of the company PC’’, which allows me to run Windows on it will enhance the opportunities for and those of its competitors. Protections for the Mac and use any of MS’s software, competing companies to enter the competitors include greater flexibility in should I choose to do so. I have consistently marketplace and speed the development of adding non-Microsoft products to the found Mac software to be far more easy, user- new technology. The companies are already Windows operating system and access to friendly and stable than the MS equivalents. out there, working on new ideas, developing
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approaches to market their ideas while resign—or find something more useful to do. Connecticut: defending their battlements from the MS rp [email protected] assaults that will surely head their way when —- Christian Loweth
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The purpose of this email is to let you aspect of our lives. No one can compete with John Kornet know I appreciate your continued efforts in MS and all their money. 17 South Street fighting Microsoft. I have used Microsft A lawsuit is like a walk in the park for MS Medfield, MA products both by choice and lack of choice. because they can ware anyone down even the 02052 I am associated with and work with Government. They have been doing this for CC:Microsoft ATR,microsoftcomments numerous members of varying IT years. Now that they have a new OS XP out @doj.ca.gov@inetgw,... departments and it has become incredibly you can see that they continue the behaviors obvious to anyone ‘‘in the trenches’’ that of the past if you but only look! Wakeup and MTC–00032091 Microsoft is not only getting away with the smell the coffee! Get in the game. From: Greg Miller same business practices they have always William Davis To: [email protected]@inetgw employed, but are emboldened by this 232 So. Washington Date: 11/20/01 11:13am settlement. Microsoft is a master manipulator New Bremen Ohio 45869 Subject:
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Linn County REC Date: 11/20/01 4:10pm secret. Then it uses this secret in order to 5695 REC Drive Subject: Microsoft Anti-Trust case make its vehicles run better than its Marion, IA 52205 To whom it may concern, competitor vehicles. They remark to the I have followed with great interest the complaint of the competitors with, MTC–00032096 Microsoft anti-trust case (and its earlier ‘‘Innovation, this is what customers want, From: Greg white derivatives) for several years and have been need, and deserve.’’ Well, the cars do run To: root astonished time and time again at the light faster, and the trucks get better gas mileage, Date: 11/20/01 12:09pm punishment that it has been given for its and the traction is safer in the winter, so why Subject: anticompetitive M offenses. The following are some of the should we complain? We should thank Dear DOJ, perceptions that I have, and I believe the Company X for helping us all out with such If you are serious about dealing with majority of the public has: well thought out ideas. microsoft then you have to do something —if someone breaks the law they should be One day Company Y comes out with a pretty drastic otherwise it will just be punished completely new vehicle that is very popular. business as usual. We all know how awfull —the type and length of punishment is In fact it is so popular that it is a blockbuster M has been and continues to be. Do you want variable and takes into account among many hit and everybody is talking about this car. M to own the entire computer and other things the severity of the crime, past Competitor X comes out shortly with a telecomunication system of the world. behavior (have they committed other crimes version that is very similar, in fact it is Because I’m sure that will happen if you do in the past, have they committed similar mostly a copy of Company Y’s car with a few nothing to stop there current behaviour. crimes in the past) less amenities. Company X’s car does not do Kind regards, —repeat offenders are punished most so well. What is Company X to do? Company Greg White severely, especially if they continue to break X continues to ‘‘innovate’’ and eventually the law in the same way decides that they can make some money with MTC–00032097 Microsoft has been consistent in its tollbooths on some of its roads. These are From: F. Frank behavior for several years of using its funny kind of tollbooths though, because Date: 11/20/01 12:16pm monopoly ownership of the operating system rather than charge passengers for driving Subject: microsoft bad deal to advance the usage of its products. through them, then only let vehicles Hello— Microsoft says that this is innovation, which manufactured by Company X through. Many I am writing because I believe that the deal is not true. Innovation is the company that people complain, but Company X explains arranged by the U.S. government and wrote the first web browser, the first MP3 that only its cars are manufactured to the Microsoft is a BAD deal for all us consumers. player, the first anti-virus software etc. specifications of the roads in those areas, and Microsoft is a criminal company and is a Microsoft is not innovating when it comes that it would be unsafe for cars from other out with an identically functional product. In danger to U.S commerce and the future of manufactures to drive on those roads. these instances, Microsoft is advancing computing. Prior to the tollbooth situation, the someone else’s innovation forward without I believe it would be in the best interest if incentive for customers to purchase the having to sacrifice the original effort required Microsoft was broken up into different Company X copy would be more advantages to have come up with the idea in the first competing companies. and less disadvantages than Company Y’s F. Frank place. Improving on someone else’s ideas is not wrong in itself, and in fact this is one of cars. Because Company X limits many of its 24200 Sw Yew Wood Ln roads to Company X cars, more and more Hillsboro, OR 97123 the strengths inherent in capitalism based on competition. The problem is when you customers are convinced that they should MTC–00032099 leverage your monopoly position in one area purchase Company X cars despite Company Y having a better car. Over many years From: Jay Dylan Tyler of the market with the intent to discourage despite the extreme competition between To: Jay Dylan Tyler customers from using a competitors product. Company X and Y who release new better Date: 11/20/01 1:21pm Maintaining a competitive environment is Subject: Microsoft important and helps to maintain a healthy versions of their cars every year, eventually A formulation was made years ago by industry (and this is the case for all because of the almost unlimited resources of various entities like newspapers, magazines, industries). Once competition is eroded, Company X (because of the tollbooths) and politicians, and such. They figured that for there is no incentive for a monopoly to be they leveraged their control over the roads, every person who bothered to write to them productive, to be efficient, or to manufacture Company Y went bankrupt. represented X amount of people who didn’t improved products. While you may have Following this same cycle, most other car take the time and effort to write but shared temporary improved stability derived from companies went bankrupt and the few that similar opinions. X can equal anywhere from standards because of a monopoly, the overall are left produce vehicles that are highly one thousand to ten thousand depending the long-term effect is one of neglect towards the specialized for niche markets. Nevertheless, specific circumstances of the recipient. So, as customers because there is no need to worry Company X continued to sell their cars and you can see, the simple act of writing can about a competitor stealing them away from they continued to added minor changes every have a multiplier effect. That’s why your you. year because they still had the requirement single contribution is so important. If you Microsoft has gone on too long without to sell more and more cars in order to satisfy agree that Microsoft has gotten off too lightly, being punished in a realistic manner. If at their shareholders. But eventually they I plead with you to take a few minutes, write this point Microsoft is not held accountable, became complacent and within short time to the Attorneys General and make your then their behavior is justified and will their ultimate goal was to make the most opinions known. When we’re all using continue ad infinitum until both the public profit possible on the minimum amount of Microsoft Windows at least you’ll be able to and the industry are harmed. innovation investment possible. console yourself by knowing that you at least Imagine the ridiculous situation where The pace of change that customers had tried to resist Microsoft hegemony. there is Company X which manufactures the come to appreciate and benefit from, which This is the time to strike. They believe that majority of roads in the US. They are was fuelled by competition, eventually led they have hornswoggled a sweet deal. Their responsible for designing the majority of way to stagnation. The ultimate losers were guard is down, if just a bit. This is far from roads, building them, repairing them, etc. the individual customers and the entire over. Now imagine that there are 10 companies, industry. Yours, including Company X, which manufacture Regards and keep fighting. Jay Dylan Tyler the various cars, SUVs, trucks, motorcycles to Csaba CEO linXS:Corporation function on these roads. There is a Mr. Csaba Nagy [email protected] tremendous variety of vehicles because their Business Development Associate http://www.lin-xs.com are many different consumers, each with ConjuChem Inc. their own taste and needs. All of the vehicles 225 President-Kennedy, Suite 3950 MTC–00032100 work on all of the roads. Montreal, QC From: Csaba Nagy What would happen if Company X makes H2X 3Y8 Canada To: Csaba Nagy some changes to the roads that it keeps Phone: (514) 844–5558 x268
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Mobile: (514) 973–1011 Lande, an antitrust professor with University would allow many other (foreign?) Fax: (514) 844–1119 of Baltimore School of Law. businesses to easily make copies of same, Email: [email protected] The company will also likely get positive and, via suitable modifications, each apply www.conjuchem.com public relations messages out with the deal, their own ‘‘Trademarks’’, ‘‘Copyright’’ THIS EMAIL AND ANY ATTACHED said Gartner Dataquest analyst Michael notifications, etc. However, I cannot imagine FILES ARE CONFIDENTIAL AND MAY BE Silver. ‘‘This gets Microsoft out of all these a case in any court where it could be argued LEGALLY PRIVILEGED. If you are not the lawsuits in one fell swoop,’’ Silver said. ‘‘It’s that it would be harmful to a legitimate, non- addressee, any disclosure, reproduction, a penalty, but it makes Microsoft look good monopolistic business for them to disclose copying, distribution, or other dissemination and gives schools PCs, and in so doing would FULLY the interfaces needed by ALL users or use of this communication is strictly give Microsoft an even larger installed base (developers and ordinary users alike)! prohibited. If you have received this than they already have.’’ I would like to help put Microsoft in its transmission in error please notify the sender Judson Frondorf proper place in the Software World, after the immediately and then delete this email. APS Help Desk Technician DOJ has apparently ‘‘sold out’’ to MS? Please feel free to contact me via email. Most sincerely, MTC–00032101 Include: C. W. Medlock From: David A. Hasan full name Retired proprietor, Pro/Am Software To: davidahasan- employee number MTC–00032105 [email protected]@inetgw contact phone number Date: 11/20/01 5:44pm location number From: Cleburne Medlock Subject: Microsoft settlement? your position To: DOJvsMS I shall keep this simple. complete description of problem Date: 11/21/01 10:58am 1. I am generally inclined to favor less Subject: Microsoft Settlement MTC–00032104 government over more. Gentlemen: 2. Ironically for this to work, our From: Cleburne Medlock The provisions in any Settlement with government must be vigilant in its role as To: DOJvsMS Microsoft should NOT be limited to the regulator, in particular as regulator of Date: 11/21/01 10:38am interfaces with their Windows operating monopolistic behavior. Subject: Microsoft ‘‘Settlement?’’ system, but should indeed include ALL 3. Microsoft has blatantly violated the Gentlemen: interfaces (direct or indirect) with ANY spirit and letter of our laws prohibiting First, allow me to introduce myself briefly. Microsoft product. This is much needed by monopolistic behavior. This has been I, C. W. Medlock, have worked in the developers and many consumers, as well! unambiguously determined by the courts. ‘‘Software’’ field in a professional capacity Sincerely, 4. The proposed settlement of the antitrust for more than 47 years. (My first course in C. W. Medlock Retired proprietor, Pro/Am case against Microsoft is an ABOMINATION, ‘‘programming’’ was taken in 1950 at Purdue Software as it seeks no remedies and grants to the University.) I have worked at such stalwarts MTC–00032106 of this industry as IBM (1960–1966), NCR company effective control over any From: [email protected]@inetgw (1975–1977), etc. At IBM, I was one of the six subsequent oversight. Date: 11/21/01 3:44pm Architects of IBM’s Operating System 360 5. I strongly encourage you to continue to Subject: Proposed Microsoft Settlement is a (‘‘OS/360’’), one of the world’s first true oppose the settlement. We are depending on farce!! Operating Systems (1963–64). Also at IBM you. The proposed settlement with Microsoft is (1963), I was one of the six members of the Thank you. a farce!! Courts have determined that joint IBM/SHARE (a users group) team that David A. Hasan Microsoft has injured companies and developed the advanced Programming 4701 Monterey Oaks Blvd. consumers through their anti-competitive Language One (PL/I) Although the latter #1114 practices. They should be punished for language has fallen into disuse due to more Austin, TX 78749 breaking the law. modern advances in such ‘‘standard’’, non?- MTC–00032102 The proposed settlement of $1 billion in proprietary languages a COBOL, PL/I indeed computers and software for schools is no From: Judson Frondorf was a most powerful language (for both punishment! Microsoft will not be paying To: micro scientific and business computing) that I retail, but will be claiming retail prices for Date: 11/21/01 6:15am believe set the stage for the more modern the products they distribute. They won’t Subject: not fair versions of COBOL and other more modern spend more than a few million dollars, less A proposed settlement agreement in a scientific computing languages. than they would spend in marketing to the series of antitrust suits may not only give I, from 1982 to 1999, was proprietor of my same group of schools. Microsoft a fairly inexpensive legal own software ‘‘home-business’’ Pro/Am Worse, you are hurting other computer resolution, it may also help the company and Software, where I developed and marketed companies. Allowing Microsoft to distribute its PC allies further erode Apple Computer’s worldwide several software ‘‘tools’’ for use their goods in these schools is further position in education. by the programmer. It was here, as a ‘‘lone reaching than those schools. It extends to Under a settlement proposal
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worth the time, money, or man hours put competition and release products under their certified persons up to date’’. Coincidentally, into the case. Personally, i feel this ‘‘slap on own banner. doing so also parallels new product the wrist’’ ruling will ultimately achieve Why not impose a moratorium on introductions; the theory being to have the nothing and stricter judgment should be in Microsoft against releasing any new certified persons help to introduce and sell order. I will not waste much more of your operating system or Internet products for a new product and increase Microsoft’s sales. time, but please be advised, there are a large while? Give a chance for competition to make I strongly object to Microsoft’s practice of number of people who, although they may inroads against Microsoft’s operating system doing this. It might be analogous to your law not take the time to write about it, feel the monopoly? I am very much opposed to school notifying you that their law degree same way. If anything, now is the time to Microsoft’s continued dominance of the programs have been updated and if you don’t take action against the illegal acts which industry, and to the proposed settlement that return and take the updated courses, your compromise many people’s privacy. does nothing to correct it. degree will be cancelled. Of course, that’s not Thank you for your time, Ed Powell—‘‘Meus Navis Aerius est Plena going to happen, but Microsoft does it. —mark Anguillarum’’ Microsoft relented on the last generation of (626) 252–5375 http://www.visi.com/epowell certifications for the NT 4 products and said CC:Microsoft ATR MTC–00032109 it will allow the certifications to continue MTC–00032111 with a qualified title such as ‘‘MCSE NT 4’’. From: Piscean I lost all my certifications except MCP due From: superba To: [email protected]@inetgw to the retirement of (1) course in May 2001. To: Renate Hesse Date: 11/22/01 7:46pm I feel that Microsoft was wrong to cancel my Date: 11/23/01 9:38am Subject: Microsoft antitrust suit certifications just because it retired an exam. Subject: Written Comments on Microsoft Hello Mr. Reilly, The truth is that the exam, Internet Antitrust Settlement I just wanted to let you know personally Information Server version 3, was the only Renate Hesse Trial Attorney, Antitrust that I am in favor of your pursuing a more Internet Information Server exam available stringent penalty than the one which the U.S. Division when I was testing in 1997. A newer version Government has settled for. U.S. Department of Justice came along later but I saw no reason to take Based on the reviews of the settlement 601 D. Street, NW, Suite 1200 it. from numerous sources (The Register, CNN, Washington, DC 20530 Please add the requirement to the etc.) I can only conclude that the Dear Ms. Hesse: settlement for Microsoft not to cancel exams governments1 settlement agreement with This email contains my comments on the but rather to classify them as ‘‘MCSE NT 4’’ Microsoft is tantamount to throwing the subject case settlement and urges you to take and extend that practice to all the old entire verdict out the window. For example, further action on behalf of a small group of certifications. Even adding a date would not the donation of software and hardware to less Microsoft victims too weak to take legal be objectional, but the current practice makes wealthy school districts further widens their action. our resumes incorrect, or appear to be so, due customer base and expands their monopoly. My Comment ————— The courts have determined that Microsoft This case was instigated by several to Microsoft’s onerous practice. has abused their monopoly position. The companies that were outsold in a free market, Thank you for your patience. current settlement is less than a slap on the Netscape, Sun Microsystems, and AOL to Sincerely, wrist; it is a travesty and an abuse of justice. mention a few. The original competing Jim Jordan Sincerely, product, the Netscape browser, is extremely aka James T. Jordan Keith Shangraw weak compared to the Microsoft product, MTC–00032112 327 LEO DR Internet Explorer. I have first hand From: Andy Suhaka GARDNER, MA 01440–1245 knowledge that at least one of the companies To: [email protected]@inetgw CC:Microsoft ATR mentioned above uses predatory marketing practices just as bad or worse than those Date: 11/23/01 3:24pm MTC–00032110 alleged for Microsoft, that company is Sun. Subject: Wrong Settlement for Microsoft From: Ed Powell AOL also uses sales practices that involve Sir or Madame: To: [email protected]@inetgw ‘‘give away’’ product to get on a user’s This is an outrage! Date: 11/23/01 2:20am computer then constantly attempts to place You have probably heard about the Subject: Microsoft settlement—don’t do it its own products on that computer. proposed settlement with Microsoft in the I am writing to voice my opposition to the In my lifetime there have been several user antitrust case. The settlement essentially says proposed settlement to the Microsoft created monopolies, IBM, AT&T, to mention that Microsoft must spend about $1 billion in antitrust case. 2. I don’t feel that it is the charter of the putting refurbished computers and Microsoft Quite simply, Microsoft has a stranglehold Federal and State governments to retard such software into the nations poorest schools. on the mainstream PC market. This is monopolies especially when undue The courts have ruled that Microsoft broke something that everyone in the computer assistance is given to inferior products just to the law and should be punished. Is this industry has known for years, and our court help their providers stay viable. punishemnt? Of course not! The $1 billion system has determined this to be true. What My Urgent Request for DOJ to add to the Microsoft must spend is *retail* value. How kind of message are we sending if Microsoft Settlement I am part of a group of systems much does it cost to press some CDs with MS only receives a slap on the wrist for breaking engineeers that has earned Microsoft software compared to the retail value? So, the the law? Are we saying that some people or certifications of different titles and levels. I cost associated with the settlement is very entities are better than others? Our country worked, studied, invested in equipment, low. was not founded on that concept, but instead invested my time, paid hard earned money The biggest blunder is that the states that on ‘‘all men are created equal’’. Someone for training, and paid for testing to get my may agree to this settlement are helping guilty of breaking the law should face the full certifications. In some cases companies paid Microsoft to extend their monopoly. The penalty of the law, no exceptions. And in this the costs to do this for their employees, but effect of having the MS operating system in case of breaking the law, Microsoft must be not so in my case. Therefore, I look upon the schools extends far beyond those schools, so held accountable for their monopolistic certifications as hard earned, worthwhile, the settlement is, in fact, a big marketing ploy practices, and must be punished as such that and something I strived for and achieved. by MS. Do NOT agree to this settlement. This they cannot exercise their power for those My certifications included: Microsoft is the biggest PR coup that Microsoft could purposes. From what I have read of the Certified Professional, MCP; Microsoft hope for and unfair to the computing public. proposed settlement, there are no decisive Certified Professional plus Internet, MCP + I; How about a punishment that actually changes to the way Microsoft does business. Microsoft Certified Systems Engineer, MCSE; punishes the wrong doer?!!! Why not impose a moratorium on and Microsoft Certified Trainer, MCT. Andrea Suhaka Microsoft against its purchase or merger with Microsoft has a practice of ‘‘retiring’’ the 6864 S ULSTER CIR other companies? Absorbing companies in exams used to qualify for these certifications. CENTENNIAL CO 80112 this way has been a tactic of theirs to stifle Their stated motivation is to ‘‘keep the Centennial City Council, Ward III
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MTC–00032114 system, including developers who produce this, and that they are only serving consumer From: Willard Woldt add-ons or plugins for such systems. With needs. Date: 11/25/01 9:18pm such an order, a more level field will be But their most recent versions—including Subject: You are our last line of defense achieved. Such cost-free licensing should be ALL browsers shipped with the new Ladies and Gentlemen: required for a minimum of 20 years, to allow Windows XP—have made a significant It is quite clear that Microsoft has even other operating systems to strengthen and change: they no longer support industry- more egregious plans to control the world grow in usage to the point where software standard third-party browser plug-ins for than were exposed in the federal hearing vis program developers will produce native presenting specialized content, such as a vis the lock down aspects of their latest XP versions of their software for such systems. movies, sound, animation, and virtual reality. operating system. The history of OS/2 shows that this would This means that third-party content providers, such as Real Audio, Macromedia Also the assigned penalties of equipping work: While Windows was a 16-bit system, Flash, Adobe PDF, and Apple QuickTime— schools is really a long term and marvelous OS/2 use grew and native applications were just to name a few of the larger players—no marketing plan for Microsoft to gain future being developed, because of OS/2’s ability to longer function under Microsoft’s browsers customers. As a penalty, it is a sick joke. run 16-bit Windows programs. OS/2’s market using the standard installation procedure. We plead with you to continue the fight to position and its growing acceptance were Instead, they must provide special rein in this company’s incredible hunger for then seriously hurt by Microsoft’s predatory installations that go through an additional control of the human race. and illegal actions. Despite Microsoft’s illegal layer of software—Active X— that Thank you. conduct, however, OS/2 has remained alive because of its superiority as an operating Microsoft’s own content provisioning Willard E. Woldt software does not go through. This means Lt Col USAF (Ret) system over everything Microsoft has issued thus far, but it cannot return to marketing that ordinary consumers will have to struggle MTC–00032115 success without the ability to run needlessly to install third-party content provisioning software, but perhaps more From: Michael Alford applications that most users want. In fact, importantly, if they do actually get through To: [email protected]@inetgw IBM has been forced to scale back further that struggle, the third-party plug-ins will run Date: 11/26/01 6:47am work on OS/2, and it has almost given up on more slowly and with less capability than Subject: Microsoft Antitrust it because of Microsoft’s pressure on it and will Microsoft’s own content provisioning I personally feel that Microsoft should the difficulty of dealing with Microsoft’s software. receive harsher penalties than what the illegal use of its monopoly power. OS/2 This also means that some 90% of new Department of Justice proposes. I understand could return to effective competition with computers sold cannot properly access my why that decision was made, but as the licenses of Microsoft’s operating system code, web site, which has Apple QuickTime owner of a small computer hardware at no cost to IBM and/or those who might content, whereas 90% of pre-Windows XP business put out of business by legal want to enhance the system if IBM chooses computers could. competition from giant corporations, I feel not to do it. With this move, done right under your compelled to write to you on behalf of the Microsoft has also used its monopoly collective noses while you negotiated a cushy illegally to harm the Java technology, which smaller companies struggling to survive day ‘‘hand slap’’ settlement, Microsoft not only to day operations. is an open software. Java developers have felt successfully extended their operating system I urge you press on with the lawsuit to the stinging impact of Microsoft’s illegal monopoly into the internet browser market, impose maximum penalties and show behavior. Its consequences in the future may but now they have extended their browser corporations that this type of behavior will be even more severe if the federal monopoly into the content provider not be permitted. If our government can’t government’s weak legal precedent is marketplace! They have broken the law once, stand up to a giant corporation like established. and while being penalized, have broken it Microsoft, who can? Finally, Microsoft has violated with again. Thank you for your time and impunity consent decrees of the past. Take heed of my prediction: now that consideration. It should be ordered to pay a substantial Microsoft controls content provisioning, Michael Alford fine. It should also be ordered to pay all costs content will come next. Within three years, 4162 Shadow Creek Cir. of monitoring its compliance in the future. the average consumer with an ‘‘out of the Oviedo, FL 32765 This should continue for at least 20 years. box’’ computer will be unable to view any IBM was severely punished over 20 years MTC–00032116 content that Microsoft has not provided. ago for its antitrust behavior. It then managed With all due respect, the Ashcroft Justice From: David Eckman to behave in a responsible manner. There is Department is asleep at the wheel on this To: West Virginia Attorney General,Utah no reason why Microsoft should not be one. Quit meddling with ‘‘states’’ rights’’ Attorney Gener... similarly punished now. Oregon and California, and concentrate on Date: 11/26/01 12:13pm [J:] David Eckman appropriately punishing large, multi-national Subject: Microsoft Case Settlement [email protected] companies who are already convicted of I urge you NOT to agree to the settlement http://www.eckman-law.com breaking laws. terms with Microsoft that the federal 3730 Kirby Dr., Suite 1200 Sincerly, government has. Following are several Houston, Texas 77098–3927 Juddson Frondorf reasons, based on my extensive use of 713–661–2065 computers since 1983, my knowledge of and CC:US Dept of Justice MTC–00032118 experience with many operating systems and From: JP Glutting MTC–00032117 in developing software: As an OS/2 user, I To: [email protected]@inetgw have been damaged by Microsoft’s illegal From: comcast Date: 11/26/01 7:16pm tying agreements to gain a monopoly and its To: micro Subject: Settlement with Microsoft retaliatory and predatory use of its monopoly Date: 11/26/01 1:40pm Dear Attorney General Mr. Riley, power. What will punish Microsoft most Subject: attn: I am writing you today to express my effectively while also stimulating its Dear US Justice Department, appreciation that the Commonwealth of competition would be an order requiring it to I do not believe the remedies reported in Massachusetts has not signed on to the LICENSE _AT NO COST to the licensee_ all the news are going to have the slightest settlement proposed by the Federal code necessary (1) to allow all other impact on Microsoft’s predatory marketing Government to address Microsoft’s criminal operating systems to run 32-bit (and practices, and subsequent illegal abuse of activities. Microsoft has blatantly and eventually higher level) Windows programs monopoly power. Take, for one small repeatedly violated the Sherman anti-trust and (2) to allow other developers’’ software example, the case that started it all: internet act, and has shown no sign of remorse or to run as effectively under Windows as browsers. Since the time the case started, intention of modifying their behavior. Their Microsoft’s own programs. Microsoft bundled their browser for free, and behavior in court was appalling presenting Those licenses should be given to everyone essentially drove all other browsers out of the false evidence and repeatedly refusing to who is working to enhance any operating market. They claim they have a right to do cooperate.
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The fact that the U.S. has settled this case settlement actually grants Microsoft extra part of Windows, they are also not a with essentially no penalties at all for this legal powers beyond what it had before the ‘middleware product.‘’’ abusive is shocking, and frankly trial. Don’t think so? Well, here is a Examiner: ‘‘M. Non-Microsoft embarrassing. ‘‘Tough on crime’’ seems only simulated conversation that may convince Middleware’’ to apply to those who cannot afford you. This is what I believe a Microsoft Microsoft: ‘‘Sure, like we wouldn’t give expensive political connections. The official would say to a neutral examiner away free copies of comparable ‘‘Microsoft proposed settlement of class action suits with asking questions about the settlement middleware’’ to put them out of business. a ‘‘giveway’’ to poor school districts, which agreement, if the software giant were under Except that it’s not ‘‘Microsoft middleware’’ will extend the Microsoft monopoly, is the influence of a truth-enhancing substance. if it has no version number, so it would not frankly shameful, but not the issue I wish to Microsoft on truth serum. Listen in. Set You be regulated by this settlement.’’ Examiner: speak to today. This outcome is very Free Examiner: ‘‘Let us start with the ‘‘P. Operating System’’ Microsoft: ‘‘If we ship regrettable, since it will server to further definitions, shall we?’’ the APIs separately—on the Web—then it stifle the computer industry and the U.S. Microsoft: ‘‘Of course. Words mean things, says that Windows is not even an operating economy. I don’t believe anyone over the age whatever we want them to mean.’’ Examiner: system! It’s totally unregulated!’’ of 30, and who remembers Ma Bell, could ‘‘A. Application Programming Interfaces More Monopoly honestly say that the telecommunications (APIs)’’ Microsoft: ‘‘APIs running on one Examiner: ‘‘Q. Personal Computer’’ growth that drove the economic boom of the operating system (.NET) and calling a Microsoft: ‘‘Right, only PCs are covered. 1990’s would have been possible without the different operating system (on your PC, They let us extend our monopoly into game breakup of that telecommunications remotely via the Web) are exempt from boxes, TV, servers, handhelds, phones, PDAs, monopoly. I work with computers daily (I am regulation.’’ whatever.’’ a bioinformaticist at the Dana-Farber Cancer Examiner: ‘‘B. Communications Protocol’’ Examiner: ‘‘R. Timely Manner’’ Institute), and it is very clear to me that Microsoft: ‘‘Since the settlement exempts Microsoft: ‘‘We have to deliver product Microsoft cannot compete with other code to remotely administer Windows2000 info as soon as we ship to 150,000 beta operating systems at the level of quality (we Server and its successors, all our testers per version. use high-end Unix workstations, running communication software will be embedded However, we no longer beta test with more SGI’s IRIX and Linux). I truly wish that the with pieces of this code. We will not have than 148,000 testers per version.’’ U.S. stood for free markets and free any Communications Protocols that can be Examiner: ‘‘U. Windows Operating System competition, but it seems that a combination regulated according to this definition.’’ Product’’ of political connections and economic jitters Legal Loopholes Microsoft: ‘‘Ha! Doesn’t even cover DOS- has convinced the department of the U.S. Examiner: ‘‘D. Covered OEMs’’ based stuff. We can keep spreading that stuff Attorney General to condone a shoddy, Microsoft: ‘‘The 20 highest licensees? Does around any way we want. Oh, and that last inefficient, illegal monopoly for the that mean licenses paid for, licenses sentence... We can put anything we want to forseeable future. delivered to customers, licenses committed in Windows—any code owned by anybody! Thank you, Attorney General Reilly, for not to, or licenses actually registered by the end Yes, Just give me that last sentence!’’ lumping me, as a Massachusetts resident, in user?’’ Best For Last? with this dodgy settlement. Examiner: ‘‘H. IHV (Independent Hardware About that last sentence. The slickest part Best Regards, Vendor)’’ Microsoft: ‘‘The settlement says of all is to put the definitions at the end of JP Glutting Brookline, they’re only ‘‘independent’’ if they depend the document, where they legally overrule all Massachusetts on us for Windows. Unless we already that comes before, and to place the loosest CC:Microsoft ATR ‘‘own’’ them, we don’t have to give them definition of all at the very end of the anything.’’ Examiner: ‘‘I. ISV (Independent document, slyly positioned to trump any MTC–00032119 Software Vendor)’’ Microsoft: ‘‘The preceding malarkey. That last sentence From: Ron Larsen settlement says they’re only an ostensibly was inserted to protect Microsoft To: DOJ ‘‘independent’’ if they depend on us. But if from having to ship code that it did not Date: 11/26/01 10:07pm they only sell software for non-Microsoft choose—so that Microsoft would not have to Subject: Microsoft on Truth Serum—the operating systems, we don’t have to give ship a rival company’s code, such as Java or Antitrust Settlement Examined This is them anything. They will never be able to Netscape, for example. not a solution! The DOJ has totaly make their non-Windows products interact But Microsoft can choose to claim that a ignored the best advise from industry with our Windows-only products.’’ competitor’s product *is* a Windows experts. Microsost’s XP operating system Hidden Message Examiner: ‘‘J. Microsoft Operating System Product, because the last creates a whole new set of antitrust Middleware’’ Microsoft: ‘‘The settlement says sentence says that the court grants Microsoft violations. It is appalling that the DOJ it’s only Middleware if it has a X.x version the ‘‘sole discretion’’ over ‘‘the software has performed so poorly in protecting number. But we don’t use version numbers code’’—not just ‘‘the Microsoft software free enterprise, and commerce in general. any more. We use year numbers. So our code’’—that Microsoft chooses. The new operation system means new Middleware is not regulated by this Above the Law While other companies DOJ ruling regarding the breaking of settlement.’’ may have their claim to software ownership Microsoft into 3–5 parts. Past break-ups Examiner: ‘‘K. Microsoft Middleware reviewed by the courts, this ‘‘settlement’’ have stimulated the economy and the Product’’ Microsoft: ‘‘The settlement calls it exempts Microsoft from such review— industry as a whole. Please go for the a ‘‘middleware product’’ if it is embedded in immunizing Microsoft from copyright long term ‘‘just’’ solution, after all you the operating system.... But it’s just lawsuits. are the ‘‘Just’’ice Department. Thanks, ‘‘middleware’’ if it is distributed separately. This is a license to hoist the Jolly Roger Ron If it is distributed by a shell company and sail the seven seas, pirating any rival OPINION: controlled by Microsoft through stock code that Microsoft chooses. Microsoft on Truth Serum—the Antitrust ownership, then it’s not ‘‘middleware’’ CC:President George W. Bush Settlement Examined Contributed by Tom because it is not distributed by Microsoft or Nadeau osOpinion.com November 20, 2001 a wholly owned subsidiary.’’ A.P.I. MTC–00032120 The proposed Microsoft agreement looks Arrogance Examiner: ‘‘L. Microsoft Platform From: Pete Gontier good and feels good, but listen to how the Software’’ Date: 11/27/01 12:06am definitions in the agreement would play out Microsoft: ‘‘We’ll ship the APIs as a Subject: settlement is a sham in real life, and then the agreement doesn’t standalone product through a third-party Microsoft has managed to engineer a so- sound very good for competing software company, or sitting on a Web server called settlement for their illegal operating companies or consumers. somewhere. But we don’t have to divulge any system monopoly in which they happily The recent antitrust settlement between the details of the APIs because they won’t have cooperate in seeding their operating system U.S. Department of Justice and software a version number. So they’re not into the only market in which their only monopolist Microsoft (Nasdaq: MSFT) has ‘middleware’—and therefore are not covered operating system competitor has a firm enough loopholes to sew a circus tent. The by ‘middleware’ clauses. Since they are not foothold. Microsoft is playing the
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government like a finely-tuned violin, and ‘‘By allowing Microsoft to flood the significant antitrust lawsuit I will see in my historians will forever shake their heads in education market with free software—at lifetime. wonder and dismay. Please don’t let them virtually no cost to the company—the court Thank you very much for not accepting the fool you! will be virtually assuring that no other lenient settlement that has been proposed in Pete Gontier
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debug their sites in IE and don’t look at any consumers, and WILL boost the economy, 2. Microsoft still continues to modify other browsers), they will most likely NOT and WILL save the future of computing. computer BIOS chips to control what the adhere to standards and as a result the web I feel so powerless when I sit at home and user can do with his computer for operating sites will only act appropriately in Internet read about all the bad things Microsoft has systems. Explorer (I have worked in 3 startups and done. I watch the arrogance they display 3. Micorosft still uses their cusotmized they all have focused solely on Internet when they claim that they know more than versions of HTML, Java Script and SQL to Explorer as the default platform). As you or I do about how the future of control the desktop market. Other vendors consumers see these things acting correctly computing should be regulated. I beg you to prgrams do not work properly as a only in IE, they feel that IE is the only one not fall like the others have before you. I urge result...leaving users frustrated and their that works. Now it may look like they are you to do your best to represent me in this ONLY alternative being to use a Microsoft being nice and ‘‘guessing’’ what us web monumental case. I thank you for all that you product. programmers mean to do, but by not have done, and will continue to do. 4. To let Microsoft use the education enforcing the standards, we will never be If you made it this far thank you very market as a settlement in fact enhances their able to progress beyond the inadequate much, monopoly power because that is about the capabilities we have today. I don’t know for Tyler LaGrange only markdet Microsoft DOES NOT control. sure, but I bet at least 80% of the web sites 4902 Ithaca Ln Rather Microsoft should have to provide out there would break if standards were Sarasota, FL 34243 funds to education which CAN NOT be spent enforced. I honestly feel that this is CC:[email protected]@inetgw on Microsoft products and equipment. deliberately done to prevent other web MTC–00032124 5. This is only a top three list. There are browsers from gaining a significant share of hundreds of issues like these which the marketplace again (unless they are From: [email protected]@inetgw Microsoft will still be allowed to control. programmed to display improper HTML to Date: 11/28/01 9:39pm This is not a settlement. It should not be maintain compatibility). This also prevents Subject: considered. serious progress because they have to The DOJ/STS VirusScan has detected a Dale Eshelman maintain this broken compatibility to display virus in this e-mail message and the infected those 80% that were not written well in the attachment has been cleaned or deleted. MTC–00032128 first place. Web developers must write MTC–00032126 From: Greg Swallow software to work well in IE or they will have To: US Dept Of Justice, problems with their customers. This just From: JOHN D GILBERT California,Connecticut,Florida,... extends their monopoly. To: Department of Justice Date: 11/29/01 9:54am Beyond that, it is hard for me to feel that Date: 11/29/01 8:25am Subject: Stop Microsoft Hegemony with an idea I can be successful in the free Subject: Microsoft Settlement To Whom It May Concern: marketplace. That is a horrible lesson the In addition to my comments sent a few First let me commend you for standing up courts are trying to teach me. Even with the minutes ago, the points from this AP news for what is right in this matter. Though I do best ideas in my head, as soon as Microsoft article clearly show how Microsoft continues wonder how much more may be done, I ask to manipulate the system. I continue to ask has me in their sites, they could embrace it, you to continue to do all you can. for a penalty that would promote more extend it, build it in to their next OS, and I say these things knowing from where I competition!!!!!!!! Under the proposal made push me aside. I will never be able to charge speak. For nearly twenty years I have worked public last week, Microsoft and some money for my software, as Microsoft can in the Computer/IT industry. I am a plaintiffs agreed the company would provide always afford to give it away free and to programmer by education/trade and work in more than $1 billion worth of Microsoft throw more R&D money at it to ‘‘make it that arena as often as possible. I have also software, refurbished personal computers better’’ than me. So in order to beat them, I worked in Support Services and found there and other resources to some of the nation’s will probably need some capital behind me. is little available in support for ‘‘High End’’ poorest schools. Microsoft said the deal But investors, after seeing what Microsoft is environments as where in days gone by. allows schools to choose to spend money on allowed to get away with, will be less likely training and resources for non-Microsoft Once such expensive a system is properly to dump money in to my company with the products. But the company concedes that stablized then it needs little more than risk that Microsoft will overtake us and we those who go with Microsoft products will be Preventive Maintenance to operate optimally. will lose all that we have. given more resources, such as free software. The problem with the ‘‘Low End’’ Windows They have too much power and too much ‘‘The actual settlement is made up of a market is the money is to be made at the freedom and will continue to pursue these basket of resources,’’ said Mark East, expense of ignorant users. Users who know initiatives even harder if they are allowed to worldwide general manager of Microsoft’s no different than to buy what is on the retail get out of it this time. education solutions group. ‘‘The software shelf. Where ‘‘sales professionals’’ are little I am disgusted by the bundling that they component is just one of the elements.’’ It’s more, some say less, than used car salesmen. were allowed to get away with with XP even still drawn the ire of Glenn Kleiman, a This has never been, nor will ever be, the after it was determined that Internet Explorer lecturer with the Harvard Graduate School of correct way to purchase a computer. pushed and entire company essentially out of Education Technology and a longtime My experience with Windows spans before the market. They will now push remote researcher in the field. ‘‘To put it bluntly, even the first public release in the 1980’s. administration systems, media players, Microsoft is trying to pull a fast one here,’’ Errors cropped up then just as they continue digital camera software vendors, cd burning said Kleiman, who is a consultant for some to do so today. My most significant ‘‘gripe’’ software vendors, and many others out of of the plaintiffs who oppose the settlement. is that they are the same errors. Oh, they use business. This does not help the economy. ‘‘They are saying that they are providing $1 different names, but examining deeper into This is also not about progressing in to a billion plus of resources, but it’s being done the cause shows the same issue exist. So long ‘‘modern operating system’’. This is about in a way that’s self-serving to Microsoft.’’ have I fought over these persistant errors that extending a monopoly. It may seem extreme I have a practice, when building/preparing a to a lot of people to break up a company, but MTC–00032127 Windows computer, which delivers a stable it has been done successfully before, and it From: Dale Eshelman installation of Windows. What is so may need to be done again. I feel that To: Department of Justice perplexing is that the procedure is rather Microsoft makes some good applications, and Date: 11/29/01 9:52am simple, yet no manufacturer uses it. For the has some good operating systems. However, Subject: Microsoft Settlement most part because Microsoft speaks against if their operating systems division was The settlement falls extremely short of such procedures. To do so would cost separate from their applications divisions, it doing justice. Microsoft support dollars in thier slice of the would prevent this overlapping we see of OS 1. Microsoft still continues to have in their support market. services and Application services. It would operating system and programs to only go to Becuase of this relentless barrage of also allow for more choices and more Internet Explorer instead of opening the aggravations, I have never used Windows as opportunities for other vendors to produce default browser selected by the user...in my my own primary OS. What I do with my top quality software that WILL benefit case NETSCAPE. computers is too important to trust to such
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an inferrior product. Unix was my first OS Pentium 120 it out performs Windows 98SE Rather than send ten dollars to every and continued to be until it was just not on a 400MHz intel Pentium II. consumer who bought an MS product in economical. I examined other options and Please stop Microsoft. Let the people keep 1998, making the code non-proprietary is the chose IBM OS/2. I was amazed at how easy what they have created; only penalty that will meaningfully benefit OS/2 was to manage and how stable it Linux. the consumer and ultimately increase our remained even in questionable environments. Sincerely, nation’s security. There are strong benefits IBM created a wonderful product, but Greg Swallow <>< from open-source computing for the couldn’t give water to a man dieing in the President consumer. We no longer need to worry that desert against Microsofts separation and [email protected] computing will be left to the geeks who do marketing tactics. Unfortunately my clients I-4 Sites STOP TRAFFIC! their own programming. The industry is too would only use Windows, because they only http://www.internet4sites.net big now. Instead, whole new entrepreneurial heard mention of OS/2 from me and not the activities will spring up if the code is made MTC–00032129 ‘‘sales professionals,’’ but then came public. Windows 95. Sales person after sales person From: Dominic Dupuis And what better penalty then to give the pestered them to no end. My clients saw To: [email protected]@inetgw source code to the real immediate victims nothing benefitial to changing as they were Date: 11/29/01 6:48pm here, Microsoft’s competitors in the running networks and Windows 95 was/is Subject: Re: Suspension de Norman Lester (2) marketplace, when by doing so, the notorious for being even more unstable when CC:=?iso-8859–1?Q?Philippe=20B=E9dard?= marketplace can quickly multiply the attached to a network. They came asking me MTC–00032130 benefits ten-fold for the consumer, benefiting what to do and again I recommended OS/2. everyone without the expense of millions of Fortunate for my clients they decided to From: Tan/Kal letters to every household. The benefits of change to OS/2 Warp. Unfortunately for me, To: Antitrust open-source computing include: because OS/2 is so stable, they no longer Date: 11/30/01 11:59am Reduction in the cost of highly specialized need my services. Subject’’ Favor remedy by full open source programs, such as for image analysis, voice To be able to make a living I have had to code over data, surveillance and security. As turn to supporting Windows networks. This MTC–00032130 0001 things stand, development of these I find most disagreeable, but what’s a man to November 30, 2001 applications is a difficult, risky and do needing to support his family. Microsoft Dear Sirs, prolonged effort. One key risk is that has created such a vast industry in support, Regarding the Microsoft settlement Microsoft will integrate key features, but then it’s as if there is no other way. It hurts when proposal, I think that Judge Motz had it right change secret parts of the code so that the you know a correct/complete answer, but are by stating, ‘‘1 think you’ve got to go back to innovator’s software is no longer compatible. instructed to not give it as to do so would square one to get to square five.’’ The judge An example is Java. cost the company (Microsoft) money in seems to have said: Get that mutt outta here Better privacy, improved resistance to support dollars. I have even confronted my before I take a bite out of it. hacking and data theft. Simply put, generic fellow workers with my educated opinion Microsoft has accumulated a $16B cash hacking has become a high school hobby that, ...to make a living as we are, supporting kitty by anticompetitive, monopolistic because we have generic computers. The one- Windows, is to make a living off another’s practices, and has shown no remorse. A $1B size-fits-all approach to computing has made weakness. Much like a prostitute. The only donation to schools may sound like a slap on us all vulnerable. verbal reply I have ever received was, ‘‘That the wrist, but in fact it turns out to be ‘‘self- Reduction in network vulnerability to is the American way.’’ I turned and walked serving’’—potentially undercutting viruses and system instability. Obviously, away to keep from stiking the man for what competitors who have chosen the long, slow viruses propagate quickly in our society he said. route to undoing Microsoft’s historical because we all have clones of the same My most recent Windows fatality was with monopoly in operating systems by cultivating software. my fiance’s computer. A system I had and educating schoolchildren who won’t be Better, faster and more energy-efficient assembled for her using Windows 95 because ready for credit cards for another ten years. hardware operation. This is good old it was what her employer was using. It made If this was such a penalty, why would Red american more bang for the buck. no sense to have something different at Hat be willing to match Microsoft’s largess by As another example, look at the broad home. It remained stable for about a year, a one-for-one donation of its Linux-based interest in Back Step TM, Go Back TM and thanks to the steps I had use as mentioned operating system to every schoolchild that Microsoft’s latest knock-off of ‘‘system previously. By this time she had also become receives Microsoft Windows TM? restore’’. What if an operating system and my bride and had seen/heard more about Furthermore, nothing has changed. hardware had been designed for this feature Windows than she really cared to. She Microsoft’s new WinXP, by integrating rather than it being glued on like a fruitfly wanted something different and I shared all applications such as photo processing into its onto the skin of an enormous onion. If I had for her to examine. A week or two later operating system continues to push other redesigned from the kernel, it could be I bought her an Apple iMac and she has manufacturers out of the digital business. integral and automatic, as easy as resetting a never been so happy. Even I have grown fond Dog eat dog? No, anticompetitive; the trial is digital clock and as reliable as the sunrise. of the stability and simplicity of the Mac OS, already over and we are awaiting sentencing. This re-engineering of the operating system is but still little work is available and we must This is the penalty phase. Microsoft is guilty.. only possible if the source code is open to continue to support the world of broken But is the Federal Government big enough to entrepreneurs who have no stake in the Windows. take on Microsoft? status quo. Then came Windows 98 and finally I left. They don’t call it the US Department of MTC–00032130—0002 I am once again building my own Justice (US DOG) for nothing! This is a pit organization. Our SOHO has some seven bull, not a poodle, and the only thing Again, by providing each application with computers, one iMac, one OS/2 Warp, one Microsoft is going to understand is a bigger dedicated memory (not a common swap file), Windows, and four Linux. Linux? Yes! Unix dog. Judge Motz is waiting for a solution that system crashes due to memory allocation can that I can once again afford. A product provides redress to the injured parties, who be avoided entirely. But instead of focusing developed and created by the people who use are the plaintiffs in the class action on improving the operating system, for the it. And, here comes the Microsoft behemoth lawsuits— the consumers. If not now, not last 6 years Windows instead focussed on to take away from the people what the people next time. winning the Browser Wars—and sold us 6 have created? I think not. Linux will remain The only meaningful redress is to open the consecutive beta versions of its operating my primary OS and I may build upon it with source code to the public. Granted, the system that required consumers to Apple Mac OS X workstations. Windows will source code is proprietary information. But continually update numerous applications at have its place attached to our television, so this penalty phase is exactly about forfeit of great expense and labor. that we may play an occassional game, but corporate private property to the In fact, Microsoft has also frozen computer little more. OS/2 Warp stays as my own government—that’s why they call it a hardware architecture in place. Freeing office computer. Even running on an intel ‘‘penalty’’. OK? developers to redesign the operating system
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also frees hardware designers to at last begin are recognized by a user profile (and This behavior follows years of Microsoft the refinement of customized chips coprocessors) and interrelate through intimidating other companies and bundling specialized for particular functions such as dedicated static and dynamic memory arrays their browser for free, essentially driving all voice recognition or image analysis. Software to analog devices and common peripherals in other browsers out of the market. By allowing emulation is the hard way to solve these a common or proprietary language, user’s Microsoft’s illegal practices we are problems, and points to the greatest single choice. disallowing innovation and most certainly weakness in the current evolution of Microsoft has put the survival of its disallowing fair competition. computing, the failure of custom hardwired massive, primitive, convoluted, proprietary Please help to stop their illegal behavior. chips to evolve and make significant inroads operating system above all of society’s other Microsoft has broken the law and continues into the market. This hasn’t occurred because interests or needs. Microsoft was convicted to do so. If we’re to remain proud of the the systems are not competitive, it has in a court of law, and it is up to the Court United States then please give us a system of occurred because competition has been to decide what will be confiscated from justice that is representative of the truth and squashed. For example, consider Apple Microsoft as compensation to the victims. not the politics of a monopolist. Thank you Computer. Microsoft decides when Apple Relief by open source code will bring an era very much. will get a new operating system, not Apple. of competitive innovation at a pace that will Sincerely, And what about security? Look at how astonish the consumer, trimming away the Deborah Antkoviak dependent the Government is becoming on quirks and the self-serving features in the Raleigh, NC personal computers; the new WinXP gives Microsoft operating systems like the barber’s Microsoft technicians a back door into every razor on a neutered poodle. MTC–00032132 computer on the planet. Any kid with his The current ‘‘trial balloon’’ settlement offer From: Glenn Oppel own computer has a roadmap to your is unfair and unbalanced. We should beseech To: ATRMAIL8.ATRSFO01(MSOFT) computer because yours is exactly the same Judge Motz to reject it. I call upon the Date: 11/30/01 2:31pm as his. Any serious hobbyist can buy generic Antitrust Division to return to the bargaining Subject: Perplexed gaming tools that allow them to access your table with a new vigor and urgency, DoJ: system. demanding publication of the Microsoft Given the recent merger of AOL and Time Some have said that it is better not to make source code for its operating systems. Sure, Warner, one wonders why the DoJ is busting the source code public because its that will bring a fight, but the trial is already Microsoft. It just goes to show how out of weaknesses and access points would be over. They lost. Not only is publication of the touch the federal government is with the revealed to everyone (particularly Passport). source code in the public interest, it is also dynamism of the free market. Let’s not forget Better to keep it secret so that we are safe, a matter of public security; a clear case of about the upcoming Linux operating they argue. This is like saying we are safer ‘‘eminent domain’’. No corporation, no man, system—not to mention the half a dozen if we don’t know where the terrorists are or can be allowed to hold this country’s access other OSs out there. what they are doing. There is a public to e-information and e-commerce in a lock There is no such thing as perfect interest in the source code, that of national box, with the sole power to dole out competition—the predicate of antitrust. Even security, and we can no longer trust a proven ‘‘improved versions’’ the same way AT&T if a corporation has a large market share, anticompetitive organization to have the once upon a time developed new telephone there is always competition around the national interest in its priorities. Chairman of products, by planned obsolescence. corner. Furthermore, a large market share is Microsoft is not an elected office. Sincerely, due to consumer demand. Consumers are All encrytion systems have limits. A key is sovereign in the market and determine its necessary. But if proprietary hardware MTC–00032131 direction. Antitrust supersedes this modifications are made, and an open source From: Deb sovereignty. operating system is modified to work with To: Justice Department The only purpose that antitrust serves is to them, then the system becomes unbreakable Date: 11/30/01 12:29pm afford a successful corporation’s competition without access to the hardware. This is the Subject: Please stand up to Microsoft a political tool to gain the upper hand. It’s computer analogy of the Navajo code talkers Office of the Attorney General all about political power, not about the of WW II. Security is ensured when each U.S. Department of Justice ability to compete. individual or government can customize 950 Pennsylvania Avenue, NW Sincerely, their own applications, stripping out Washington, DC 20530–0001 Glenn Oppel unnecessary parts of the operating system [email protected] Fairfax, VA that compromise security or corrupt stability, [email protected] [email protected] and adding unique intermediate components 202–353–1555 or coprocessors to prevent foreign access. Dear People at the United States MTC–00032133 What we need is a simple operating system Department of Justice, From: Kirby Dunsmore built around our applications, not generic Please stand up to Microsoft for all of us. To: Renata Hesse gooies tacked onto a massive and secret The one consistent claim that Microsoft Date: 11/30/01 10:58pm operating system. Only the increase in makes is that they are innovators. However, Subject: Comment on U.S. v. Microsoft processor speed and memory size has facts of history speak for themselves here. Kerwin Dunsmore permitted this folly, but at what a waste of This is not their legacy. 9250 Myrna Place energy and time! 35 Mbytes for an Operating Suppressing innovation in others, Thornton, CO 80229 System: Ridiculous! Even 3.5 Mbytes is too however, unfortunately is their legacy. As a November 30, 2001 much. private citizen and business person, the Renata Hesse, Trial Attorney, Data processing must not be forced to affects of the Microsoft monopoly Suite 1200, Antitrust Division, conform to one man’s view of what a corporation, both personally and corporately, Department of Justice computer, or a society, or an individual, continue to be horrendous. I fear the 601 D Street NW should be. Microsoft’s strategy, by chosing proposed settlement, where Microsoft puts Washington, DC 20530 the lowest common denominator, has made refurbished computers in the poorest schools, Subject: A comment on United States v. us all exceptionally vulnerable to social will not only -not- solve this problem but Microsoft Corporation; Revised Proposed instability in our communications, at home will if fact promote Microsoft’s predatory Final Judgment and Competitive Impact and abroad, and has shackled our marketing practices, and subsequent illegal Statement entrepreneurial spirit by its domination. abuse of monopoly power. Dear Ms. Hesse: Ultimately, with open source, the next line Microsoft’s new Windows XP includes I am a recently-retired (2001) computer OS will be reduced to common kernel for browsers and this time with a significant professional and submit these comments in most mass market applications, and plug-in change: they no longer support industry- the hope that the Court will find them useful. modules (hardware combined with software) standard third-party browser plug-ins for Section III., Prohibited Conduct, (subsection for applications: one for security, one for presenting specialized content, such as J), permits (and perhaps even encourages) word processing, one for telephony, etc. that movies, sound, animation, and virtual reality. Microsoft to deny disclosure of or licenses to
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its Applications Programming Interfaces in To mitigate the advantages already business who felt that they were unfairly various circumstances. Subsection J) allows achieved by the company, Microsoft need to shut out of the market. Microsoft to duck behind ‘‘security’’ be forced to disclose all proprietary Sincerely, considerations or to comply with a information regarding the various protocols Gina Pech hypothetical ‘‘governmental agency of and file formats used by the companie’s CC:Microsoft ATR competent jurisdiction.’’ At the same time it software. encourages Microsoft to approve only If microsoft continues to try and ‘‘pollute’’ MTC–00032137 potential licensees with an ‘‘authentic and public domain standards (HTML, TCP/IP, From: Brian J Best viable’’ business and a ‘‘reasonable business ETC) they should be quicly and severly To: [email protected]@inetgw need’’. punished and forced to recind the changes. Date: 12/4/01 7:53pm Just as an automobile is a useless platform The end user needs to have the option to un- Subject: Microsoft Proposed Settlement without a driver, an operating system is install or decline the installation of any Dear Sirs or Madams: useless without an application. Concealment ‘‘bundled’’ software (Internet Explorer, Media I have read about the proposed Microsoft of an operating system’s APIs is the Player, etc.) without crippling the operation anti-trust settlement and am appalled that equivalent of hiding a car’s windshield wiper of the OS or any other software component. such a settlement is even being considered. or light switches from its owner or driver, As the final step, all of the current It is obvious to anyone who currently, or limiting its use to daytime and dry weather. Microsoft senior executives should be forced in the past, makes their living in computer Revealing the locations of these controls to sell off their microsoft holdings and seek support for education that this settlement (and how to use them) is not the same as employment elsewhere. It seems patently would only serve to increase the market providing detailed information on the design unfair to me that they should be rewarded share, and thus the monopoly power, of or workings of the internal mechanisms with the continued leadership of a comapny Microsoft in the education market. Further which provide the needed function. The that has engaged in criminal behavior for 20+ more, the proposed settlement has no security issues raised by publishing API years. mechanism to control the use of Microsoft’s specifications are specious because R/ J. Justin Stout monopoly power in the future. Long term, authentication of identity is simply a service the settlement would not provide redress for expected of an operating system, not unlike MTC–00032135 Microsoft’s abuse of monopoly power, but a car’s key-locked ignition switch. From: [email protected]@inetgw instead simply increase the possibility of Furthermore, just as a car buyer would not To: [email protected]@inetgw such abuse in education, while hurting the buy an additional license to use information Date: 12/4/01 4:23am market share of competing companies. to operate its heater, Microsoft operating Subject: Re: Microsoft settlement Bottom line: the proposed settlement is system consumers must not be forced to buy I am writing to voice my concern over the wholly inadequate as a penalty for (directly or indirectly) additional information proposed settlement with Microsoft. I, and Microsoft’s abuse of its monopoly power. It about Windows XX just to use it with many of my peers, feel that as a consumers, is completely unacceptable. I strongly urge programs developed by third parties. In sum, we do not enjoy the amount of choice we you to reject this proposal and continue your Section III (J) invites Microsoft to invoke should in the computer software industry. work to find an acceptable remedy. security or intellectual property issues to There is no credible alternative to many of Sincerely, justify withholding information useful to the product categories that Microsoft Brian J. Best purchasers and applications programmers of dominates. It is clear that they have 5000 Clinton Pkwy #901 its operating systems. continuously ‘‘strangled’’ new technologies Lawrence, KS 66047 Given the history of Microsoft’s behavior in that they saw as a threat to their dominance 785–830–8683 relation to the U.S. Government’s attempts to (Web Browsers, Word Processors, Java, Media restrain it, the Court will again be called players, etc). MTC–00032138 upon to examine that behavior. Since May of Please consider taking a stronger position From: L. Strickland 1990, when the FTC opened its anti-trust against this company that was found GUILTY To: Ms. Renata Hesse investigation, Microsoft has paid little in court for being an anticompetitive Date: 12/5/01 1:10pm attention to its government’s admonishments monopolist. Subject: Microsoft Settlement or to orders of the Court. Indeed, Microsoft Sincerely, L. Strickland has never admitted any wrongdoing, nor has Ron Yates 6811 Meteor Pl. it in the present action. 3516 Foxglove Springfield, VA 22150 Respectfully, Louisville, KY 40241 December 5, 2001 Kerwin Dunsmore Ms. Renata Hesse MTC–00032136 U.S. Department of Justice, Antitrust Division MTC–00032134 From: david pech 601 D Street NW, Suite 1200 From: stout762 To: John Ashcroft Washington, DC 20530 To: Microsoft ATR Date: 12/4/01 10:31am Ms. Hesse: Date: 12/2/01 8:38pm Subject: USAGPech—Gina—1096—1130 I would like to express my support for the Subject: Microsoft Gina Pech(1543 22nd Street(Ogden, revised proposed Final Judgment in the U.S. DOJ; UT(84401 v. Microsoft case. This lengthy litigation has I beleive that the continued existance of November 30, 2001 cost my fellow taxpayers and me more than Microsoft as an intact entity poses an extreme Attorney General John Ashcroft $35 million, and after reviewing the terms of danger to all other software companies. US Department of Justice this Judgment, final approval is clearly in the Microsoft has a long history of using any 950 Pennsylvania Avenue, NW public interest. method available to kill competition and Washington, DC 20530 Perhaps of greatest benefit to the American stifle inovation in the computer industry. Dear Attorney General Ashcroft: people, the Department of Justice (DOJ) and Quite simple they cannot be trusted to I am writing to express my approval of the the settling states will avoid additional costs uphold any agreement they enter into. federal settlement that has been reached in and now be able to focus their time and To mitigate the continued danger of the Microsoft case. resources on matters of far greater national Micro$oft, I propose that the corporation be The Justice Department has kept Microsoft significance the war against terrorism, divided into to seperate entities. One that tied up court for the last three years, and it including homeland security. As noted by will continue to produce Operating Systems is time to stop the litigation and let them get District Court Judge Colleen Kollar-Kotelly, (OS) and One that will develop end user back to the business of technological who pushed for a settlement after the attacks applications (office, Internet Explorer, etc). innovation. The U.S. computer industry is of September 11, it is vital for the country to Absolutly no communications, other than second to none in the world, and Microsoft move on from this lawsuit. The parties normal discourse between two rival should get much of the credit for this. The worked extremely hard to reach this companies, should be permitted between the settlement is balanced, and takes into agreement, which has the benefit of taking two halves of the company. consideration the concerns of those in the effect immediately rather than months or
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years from now when all appeals from the settling states will avoid additional costs Ms. Renata Hesse continuing the litigation would finally be and now be able to focus their time and U.S. Department of Justice, Antitrust Division exhausted. resources on matters of far greater national 601 D Street NW, Suite 1200 The terms of the settlement offer a fair significance & #8211; the war against Washington, DC 20530 resolution for all sides of this case the DOJ, terrorism, including homeland security. As Ms. Hesse: the states, Microsoft, competitors, consumers noted by District Court Judge Colleen Kollar- I would like to express my support for the and taxpayers. Microsoft will not be broken Kotelly, who pushed for a settlement after the revised proposed Final Judgment in the U.S. up and will be able to continue to innovate attacks of September 11, it is vital for the v. Microsoft case. This lengthy litigation has and provide new software and products. country to move on from this lawsuit. The cost my fellow taxpayers and me more than Software developers and Internet service parties worked extremely hard to reach this $35 million, and after reviewing the terms of providers (ISPs), including competitors, will agreement, which has the benefit of taking this Judgment, final approval is clearly in the have unprecedented access to Microsoft’s effect immediately rather than months or public interest. programming language and thus will be able years from now when all appeals from Perhaps of greatest benefit to the American to make Microsoft programs compatible with continuing the litigation would finally be people, the Department of Justice (DOJ) and their own. Competitors also benefit from the exhausted. the settling states will avoid additional costs provision that frees up computer The terms of the settlement offer a fair and now be able to focus their time and manufacturers to disable or uninstall any resolution for all sides of this case & #8211; resources on matters of far greater national Microsoft application or element of an the DOJ, the states, Microsoft, competitors, significance & #8211; the war against operating system and install other programs. consumers and taxpayers. Microsoft will not terrorism, including homeland security. As In addition, Microsoft cannot retaliate against be broken up and will be able to continue to noted by District Court Judge Colleen Kollar- computer manufactures, ISPs, or other innovate and provide new software and Kotelly, who pushed for a settlement after the software developers for using products products. Software developers and Internet attacks of September 11, it is vital for the developed by Microsoft competitors. Plus, in service providers (ISPs), including country to move on from this lawsuit. The an unprecedented enforcement clause, a competitors, will have unprecedented access parties worked extremely hard to reach this Technical Committee will work out of to Microsoft & #8217;s programming agreement, which has the benefit of taking Microsoft’s headquarters for the next five language and thus will be able to make effect immediately rather than months or years, at the company’s expense, and monitor Microsoft programs compatible with their years from now when all appeals from Microsoft’s behavior and compliance with own. Competitors also benefit from the continuing the litigation would finally be the settlement. provision that frees up computer exhausted. Most importantly, this settlement is fair to manufacturers to disable or uninstall any The terms of the settlement offer a fair the computer users and consumers of Microsoft application or element of an resolution for all sides of this case & #8211; America, on whose behalf the lawsuit was operating system and install other programs. the DOJ, the states, Microsoft, competitors, allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against consumers and taxpayers. Microsoft will not select a variety of pre-installed software on computer manufactures, ISPs, or other be broken up and will be able to continue to their computers. It will also be easier to software developers for using products innovate and provide new software and substitute competitors’ products after products. Software developers and Internet purchase as well. The Judgment even covers developed by Microsoft competitors. Plus, in service providers (ISPs), including issues and software that were not part of the an unprecedented enforcement clause, a competitors, will have unprecedented access original lawsuit, such as Windows XP, which Technical Committee will work out of to Microsoft & #8217;s programming will have to be modified to comply with the Microsoft ’s headquarters for the next language and thus will be able to make settlement. five years, at the company & #8217;s expense, Microsoft programs compatible with their This case was supposedly brought on and monitor Microsoft & #8216;s behavior own. behalf of American consumers. We have paid and compliance with the settlement. Competitors also benefit from the provision the price of litigation through our taxes. Our Most importantly, this settlement is fair to that frees up computer manufacturers to investment portfolios have taken a hard hit the computer users and consumers of disable or uninstall any Microsoft application during this battle, and now more than ever, America, on whose behalf the lawsuit was the country needs the economic stability this allegedly filed. Consumers will be able to or element of an operating system and install settlement can provide. This settlement is in select a variety of pre-installed software on other programs. In addition, Microsoft cannot the public interest, and I urge the DOJ to their computers. It will also be easier to retaliate against computer manufactures, submit the revised proposed Final Judgment substitute competitors & #8217; products ISPs, or other software developers for using to the U.S. District Court without change. after purchase as well. The Judgment even products developed by Microsoft Sincerely, covers issues and software that were not part competitors. Plus, in an unprecedented L. Strickland of the original lawsuit, such as Windows XP, enforcement clause, a Technical Committee which will have to be modified to comply will work out of Microsoft & #8217;s MTC–00032139 with the settlement. headquarters for the next five years, at the From: Glenn German This case was supposedly brought on company & #8217;s expense, and monitor To: Ms. Renata Hesse behalf of American consumers. We have paid Microsoft & #8216;s behavior and compliance Date: 12/5/01 1:58pm the price of litigation through our taxes. Our with the settlement. Subject: Microsoft Settlement investment portfolios have taken a hard hit Most importantly, this settlement is fair to Glenn German during this battle, and now more than ever, the computer users and consumers of Box 74 the country needs the economic stability this America, on whose behalf the lawsuit was Burlington, KS 66839–0074 settlement can provide. This settlement is in allegedly filed. Consumers will be able to December 5, 2001 the public interest, and I urge the DOJ to select a variety of pre-installed software on Ms. Renata Hesse submit the revised proposed Final Judgment their computers. It will also be easier to U.S. Department of Justice, Antitrust Division to the U.S. District Court without change. substitute competitors & #8217; products 601 D Street NW, Suite 1200 Sincerely, after purchase as well. The Judgment even Washington, DC 20530 Glenn R. German covers issues and software that were not part Ms. Hesse: of the original lawsuit, such as Windows XP, I would like to express my support for the MTC–00032140 which will have to be modified to comply revised proposed Final Judgment in the U.S. From: Constance Root with the settlement. This case was v. Microsoft case. This lengthy litigation has To: Ms. Renata Hesse supposedly brought on behalf of American cost my fellow taxpayers and me more than Date: 12/5/01 1:58pm consumers. We have paid the price of $35 million, and after reviewing the terms of Subject: Microsoft Settlement litigation through our taxes. Our investment this Judgment, final approval is clearly in the Constance Root portfolios have taken a hard hit during this public interest. 8472 Maplewood Ln battle, and now more than ever, the country Perhaps of greatest benefit to the American Lenexa, KS 66215–2874 needs the economic stability this settlement people, the Department of Justice (DOJ) and December 5, 2001 can provide. This settlement is in the public
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interest, and I urge the DOJ to submit the substitute competitors & #8217; products developed by Microsoft competitors. Plus, in revised proposed Final Judgment to the U.S. after purchase as well. The Judgment even an unprecedented enforcement clause, a District Court without change. covers issues and software that were not part Technical Committee will work out of Sincerely, of the original lawsuit, such as Windows XP, Microsoft’s headquarters for the next five Constance J Root which will have to be modified to comply years, at the company’s expense, and monitor with the settlement. Microsoft’s behavior and compliance with MTC–00032141 This case was supposedly brought on the settlement. From: Martin Spielman behalf of American consumers. We have paid Most importantly, this settlement is fair to To: Ms. Renata Hesse the price of litigation through our taxes. Our the computer users and consumers of Date: 12/5/01 2:00pm investment portfolios have taken a hard hit America, on whose behalf the lawsuit was Subject: Microsoft Settlement during this battle, and now more than ever, allegedly filed. Consumers will be able to Martin Spielman the country needs the economic stability this select a variety of pre-installed software on 8 Monaghan Road settlement can provide. This settlement is in their computers. It will also be easier to Edison, NJ 08817–4122 the public interest, and I urge the DOJ to substitute competitors? products after December 5, 2001 submit the revised proposed Final Judgment purchase as well. The Judgment even covers Ms. Renata Hesse to the U.S. District Court without change. issues and software that were not part of the U.S. Department of Justice, Antitrust Division Sincerely, original lawsuit, such as Windows XP, which 601 D Street NW, Suite 1200 Martin J Spielman will have to be modified to comply with the Washington, DC 20530 settlement. Ms. Hesse: MTC–00032142 This case was supposedly brought on I would like to express my support for the From: Adrian J. Dekker behalf of American consumers. We have paid revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse the price of litigation through our taxes. Our v. Microsoft case. This lengthy litigation has Date: 12/5/01 2:01pm investment portfolios have taken a hard hit cost my fellow taxpayers and me more than Subject: Microsoft Settlement during this battle, and now more than ever, $35 million, and after reviewing the terms of Adrian J. Dekker the country needs the economic stability this this Judgment, final approval is clearly in the 11929 Eagle Creek Cove settlement can provide. This settlement is in public interest. Ft. Wayne, IN 46814 the public interest, and I urge the DOJ to Perhaps of greatest benefit to the American December 5, 2001 submit the revised proposed Final Judgment people, the Department of Justice (DOJ) and Ms. Renata Hesse to the U.S. District Court without change. the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division Sincerely, and now be able to focus their time and 601 D Street NW, Suite 1200 Adrian J. Dekker resources on matters of far greater national Washington, DC 20530 significance & #8211; the war against Ms. Hesse: MTC–00032143 terrorism, including homeland security. As I would like to express my support for the From: James G. Tierney noted by District Court Judge Colleen Kollar- revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse Kotelly, who pushed for a settlement after the v. Microsoft case. This lengthy litigation has Date: 12/5/01 2:05pm attacks of September 11, it is vital for the cost my fellow taxpayers and me more than Subject: Microsoft Settlement country to move on from this lawsuit. The $35 million, and after reviewing the terms of James G. Tierney parties worked extremely hard to reach this this Judgment, final approval is clearly in the 9660 W. Pebble Brook Lane agreement, which has the benefit of taking public interest. Boise, ID 83703 effect immediately rather than months or Perhaps of greatest benefit to the American December 5, 2001 years from now when all appeals from people, the Department of Justice (DOJ) and Ms. Renata Hesse continuing the litigation would finally be the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division exhausted. The terms of the settlement offer and now be able to focus their time and 601 D Street NW, Suite 1200 a fair resolution for all sides of this case & resources on matters of far greater national Washington, DC 20530 #8211; the DOJ, the states, Microsoft, significance ? the war against terrorism, Ms. Hesse: competitors, consumers and taxpayers. including homeland security. As noted by I would like to express my support for the Microsoft will not be broken up and will be District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. able to continue to innovate and provide new who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has software and products. Software developers of September 11, it is vital for the country to cost my fellow taxpayers and me more than and Internet service providers (ISPs), move on from this lawsuit. The parties $35 million, and after reviewing the terms of including competitors, will have worked extremely hard to reach this this Judgment, final approval is clearly in the unprecedented access to Microsoft & #8217;s agreement, which has the benefit of taking public interest. programming language and thus will be able effect immediately rather than months or Perhaps of greatest benefit to the American to make Microsoft programs compatible with years from now when all appeals from people, the Department of Justice (DOJ) and their own. Competitors also benefit from the continuing the litigation would finally be the settling states will avoid additional costs provision that frees up computer exhausted. and now be able to focus their time and manufacturers to disable or uninstall any The terms of the settlement offer a fair resources on matters of far greater national Microsoft application or element of an resolution for all sides of this case ? the DOJ, significance ? the war against terrorism, operating system and install other programs. the states, Microsoft, competitors, consumers including homeland security. As noted by In addition, Microsoft cannot retaliate against and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, computer manufactures, ISPs, or other up and will be able to continue to innovate who pushed for a settlement after the attacks software developers for using products and provide new software and products. of September 11, it is vital for the country to developed by Microsoft competitors. Plus, in Software developers and Internet service move on from this lawsuit. The parties an unprecedented enforcement clause, a providers (ISPs), including competitors, will worked extremely hard to reach this Technical Committee will work out of have unprecedented access to Microsoft’s agreement, which has the benefit of taking Microsoft & #8217;s headquarters for the next programming language and thus will be able effect immediately rather than months or five years, at the company & #8217;s expense, to make Microsoft programs compatible with years from now when all appeals from and monitor Microsoft & #8216;s behavior their own. Competitors also benefit from the continuing the litigation would finally be and compliance with the settlement. provision that frees up computer exhausted. Most importantly, this settlement is fair to manufacturers to disable or uninstall any The terms of the settlement offer a fair the computer users and consumers of Microsoft application or element of an resolution for all sides of this case ? the DOJ, America, on whose behalf the lawsuit was operating system and install other programs. the states, Microsoft, competitors, consumers allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against and taxpayers. Microsoft will not be broken select a variety of pre-installed software on computer manufactures, ISPs, or other up and will be able to continue to innovate their computers. It will also be easier to software developers for using products and provide new software and products.
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Software developers and Internet service parties worked extremely hard to reach this Perhaps of greatest benefit to the American providers (ISPs), including competitors, will agreement, which has the benefit of taking people, the Department of Justice (DOJ) and have unprecedented access to Microsoft’s effect immediately rather than months or the settling states will avoid additional costs programming language and thus will be able years from now when all appeals from and now be able to focus their time and to make Microsoft programs compatible with continuing the litigation would finally be resources on matters of far greater national their own. Competitors also benefit from the exhausted. The terms of the settlement offer significance – the war against provision that frees up computer a fair resolution for all sides of this case ? the terrorism, including homeland security. As manufacturers to disable or uninstall any DOJ, the states, Microsoft, competitors, noted by District Court Judge Colleen Kollar- Microsoft application or element of an consumers and taxpayers. Microsoft will not Kotelly, who pushed for a settlement after the operating system and install other programs. be broken up and will be able to continue to attacks of September 11, it is vital for the In addition, Microsoft cannot retaliate against innovate and provide new software and country to move on from this lawsuit. The computer manufactures, ISPs, or other products. Software developers and Internet parties worked extremely hard to reach this software developers for using products service providers (ISPs), including agreement, which has the benefit of taking developed by Microsoft competitors. Plus, in competitors, will have unprecedented access effect immediately rather than months or an unprecedented enforcement clause, a to Microsoft’s programming language and years from now when all appeals from Technical Committee will work out of thus will be able to make Microsoft programs continuing the litigation would finally be Microsoft’s headquarters for the next five compatible with their own. Competitors also exhausted. years, at the company’s expense, and monitor benefit from the provision that frees up The terms of the settlement offer a fair Microsoft’s behavior and compliance with computer manufacturers to disable or resolution for all sides of this case – the settlement. uninstall any Microsoft application or the DOJ, the states, Microsoft, competitors, Most importantly, this settlement is fair to element of an operating system and install consumers and taxpayers. Microsoft will not the computer users and consumers of other programs. In addition, Microsoft cannot be broken up and will be able to continue to America, on whose behalf the lawsuit was retaliate against computer manufactures, innovate and provide new software and allegedly filed. Consumers will be able to ISPs, or other software developers for using products. Software developers and Internet select a variety of pre-installed software on products developed by Microsoft service providers (ISPs), including competitors. Plus, in an unprecedented their computers. It will also be easier to competitors, will have unprecedented access enforcement clause, a Technical Committee substitute competitors? products after to Microsoft’s programming language will work out of Microsoft’s headquarters for purchase as well. The Judgment even covers and thus will be able to make Microsoft the next five years, at the company’s expense, issues and software that were not part of the programs compatible with their own. and monitor Microsoft’s behavior and original lawsuit, such as Windows XP, which Competitors also benefit from the provision compliance with the settlement.Most will have to be modified to comply with the that frees up computer manufacturers to importantly, this settlement is fair to the settlement. disable or uninstall any Microsoft application computer users and consumers of America, This case was supposedly brought on or element of an operating system and install on whose behalf the lawsuit was allegedly behalf of American consumers. We have paid other programs. In addition, Microsoft cannot filed. Consumers will be able to select a the price of litigation through our taxes. Our variety of pre-installed software on their retaliate against computer manufactures, investment portfolios have taken a hard hit computers. It will also be easier to substitute ISPs, or other software developers for using during this battle, and now more than ever, competitors? products after purchase as well. products developed by Microsoft the country needs the economic stability this The Judgment even covers issues and competitors. Plus, in an unprecedented settlement can provide. This settlement is in software that were not part of the original enforcement clause, a Technical Committee the public interest, and I urge the DOJ to lawsuit, such as Windows XP, which will will work out of Microsoft’s submit the revised proposed Final Judgment have to be modified to comply with the headquarters for the next five years, at the to the U.S. District Court without change. settlement.This case was supposedly brought company’s expense, and monitor Sincerely, on behalf of American consumers. We have Microsoft‘s behavior and compliance James G.Tierney paid the price of litigation through our taxes. with the settlement. Most importantly, this settlement is fair to the computer users and MTC–00032144 Our investment portfolios have taken a hard hit during this battle, and now more than consumers of America, on whose behalf the From: John Schuck ever, the country needs the economic lawsuit was allegedly filed. Consumers will To: Ms. Renata Hesse stability this settlement can provide. This be able to select a variety of pre-installed Date: 12/5/01 2:06pm settlement is in the public interest, and I urge software on their computers. It will also be Subject: Microsoft Settlement the DOJ to submit the revised proposed Final easier to substitute competitors’ John Schuck Judgment to the U.S. District Court without products after purchase as well. The P.O. Box 1516 change. Judgment even covers issues and software North Conway, NH 03860 Sincerely, that were not part of the original lawsuit, December 5, 2001 John Schuck such as Windows XP, which will have to be Ms. Renata Hesse modified to comply with the settlement. U.S. Department of Justice, Antitrust Division MTC–00032145 This case was supposedly brought on 601 D Street NW, Suite 1200 From: JEROME BOLT behalf of American consumers. We have paid Washington, DC 20530 To: Ms. Renata Hesse the price of litigation through our taxes. Our Ms. Hesse: Date: 12/5/01 2:07pm investment portfolios have taken a hard hit I would like to express my support for the Subject: Microsoft Settlement during this battle, and now more than ever, revised proposed Final Judgment in the U.S. JEROME BOLT the country needs the economic stability this v. Microsoft case. This lengthy litigation has PO BOX 167 settlement can provide. This settlement is in cost my fellow taxpayers and me more than ROCKPORT, TX 78381 the public interest, and I urge the DOJ to $35 million, and after reviewing the terms of December 5, 2001 submit the revised proposed Final Judgment this Judgment, final approval is clearly in the Ms. Renata Hesse to the U.S. District Court without change. public interest. Perhaps of greatest benefit to U.S. Department of Justice, Antitrust Sincerely, the American people, the Department of Division 601 D Street NW, Suite 1200 JEROME G. BOLT Justice (DOJ) and the settling states will avoid Washington, DC 20530 additional costs and now be able to focus Ms. Hesse: MTC–00032146 their time and resources on matters of far I would like to express my support for the From: Jane Moore greater national significance ? the war against revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse terrorism, including homeland security. As v. Microsoft case. This lengthy litigation has Date: 12/5/01 2:08pm noted by District Court Judge Colleen Kollar- cost my fellow taxpayers and me more than Subject: Microsoft Settlement Kotelly, who pushed for a settlement after the $35 million, and after reviewing the terms of Jane Moore 5 North Star Dr. attacks of September 11, it is vital for the this Judgment, final approval is clearly in the Randolph, NJ 07869 country to move on from this lawsuit. The public interest. December 5, 2001
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Ms. Renata Hesse Sincerely, original lawsuit, such as Windows XP, which U.S. Department of Justice, Antitrust Division Jane E. Moore will have to be modified to comply with the 601 D Street NW, Suite 1200 settlement. Washington, DC 20530 MTC–00032147 This case was supposedly brought on Ms. Hesse: From: carol&george LATOURETTE behalf of American consumers. We have paid I would like to express my support for the To: Ms. Renata Hesse the price of litigation through our taxes. Our revised proposed Final Judgment in the U.S. Date: 12/5/01 2:08pm investment portfolios have taken a hard hit v. Microsoft case. This lengthy litigation has Subject: Microsoft Settlement during this battle, and now more than ever, cost my fellow taxpayers and me more than carol&george LATOURETTE the country needs the economic stability this $35 million, and after reviewing the terms of 2250 newfound harbor drive settlement can provide. This settlement is in this Judgment, final approval is clearly in the merritt island, FL 32952 the public interest, and I urge the DOJ to public interest. December 5, 2001 submit the revised proposed Final Judgment Perhaps of greatest benefit to the American Ms. Renata Hesse to the U.S. District Court without change. people, the Department of Justice (DOJ) and U.S. Department of Justice, Antitrust Division Sincerely, the settling states will avoid additional costs 601 D Street NW, Suite 1200 carol&george latourette and now be able to focus their time and Washington, DC 20530 resources on matters of far greater national Ms. Hesse: MTC–00032148 significance – the war against I would like to express my support for the From: W. B. Pete Hopkins terrorism, including homeland security. As revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse noted by District Court Judge Colleen Kollar- v. Microsoft case. This lengthy litigation has Date: 12/5/01 2:14pm Kotelly, who pushed for a settlement after the cost my fellow taxpayers and me more than Subject: Microsoft Settlement attacks of September 11, it is vital for the $35 million, and after reviewing the terms of W. B. Pete Hopkins country to move on from this lawsuit. The this Judgment, final approval is clearly in the 4 Cormorant Circle parties worked extremely hard to reach this public interest. Durham, NH 03824 agreement, which has the benefit of taking Perhaps of greatest benefit to the American December 5, 2001 effect immediately rather than months or people, the Department of Justice (DOJ) and Ms. Renata Hesse years from now when all appeals from the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division continuing the litigation would finally be and now be able to focus their time and 601 D Street NW, Suite 1200 exhausted. The terms of the settlement offer resources on matters of far greater national Washington, DC 20530 a fair resolution for all sides of this case significance ? the war against terrorism, Ms. Hesse: – the DOJ, the states, Microsoft, including homeland security. As noted by I would like to express my support for the competitors, consumers and taxpayers. District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. Microsoft will not be broken up and will be who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has able to continue to innovate and provide new of September 11, it is vital for the country to cost my fellow taxpayers and me more than software and products. Software developers move on from this lawsuit. The parties $35 million, and after reviewing the terms of and Internet service providers (ISPs), worked extremely hard to reach this this Judgment, final approval is clearly in the including competitors, will have unprecedented access to Microsoft’s agreement, which has the benefit of taking public interest. programming language and thus will be able effect immediately rather than months or Perhaps of greatest benefit to the American to make Microsoft programs compatible with years from now when all appeals from people, the Department of Justice (DOJ) and their own. continuing the litigation would finally be the settling states will avoid additional costs Competitors also benefit from the provision exhausted. and now be able to focus their time and that frees up computer manufacturers to The terms of the settlement offer a fair resources on matters of far greater national disable or uninstall any Microsoft application resolution for all sides of this case ? the DOJ, significance ? the war against terrorism, or element of an operating system and install the states, Microsoft, competitors, consumers including homeland security. As noted by other programs. In addition, Microsoft cannot and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, retaliate against computer manufactures, up and will be able to continue to innovate who pushed for a settlement after the attacks ISPs, or other software developers for using and provide new software and products. of September 11, it is vital for the country to products developed by Microsoft Software developers and Internet service move on from this lawsuit. The parties competitors. Plus, in an unprecedented providers (ISPs), including competitors, will worked extremely hard to reach this enforcement clause, a Technical Committee have unprecedented access to Microsoft’s agreement, which has the benefit of taking will work out of Microsoft’s programming language and thus will be able effect immediately rather than months or headquarters for the next five years, at the to make Microsoft programs compatible with years from now when all appeals from company’s expense, and monitor their own. Competitors also benefit from the continuing the litigation would finally be Microsoft‘s behavior and compliance provision that frees up computer exhausted. with the settlement. Most importantly, this manufacturers to disable or uninstall any The terms of the settlement offer a fair settlement is fair to the computer users and Microsoft application or element of an resolution for all sides of this case ? the DOJ, consumers of America, on whose behalf the operating system and install other programs. the states, Microsoft, competitors, consumers lawsuit was allegedly filed. Consumers will In addition, Microsoft cannot retaliate against and taxpayers. Microsoft will not be broken be able to select a variety of pre-installed computer manufactures, ISPs, or other up and will be able to continue to innovate software on their computers. It will also be software developers for using products and provide new software and products. easier to substitute competitors’ developed by Microsoft competitors. Plus, in Software developers and Internet service products after purchase as well. The an unprecedented enforcement clause, a providers (ISPs), including competitors, will Judgment even covers issues and software Technical Committee will work out of have unprecedented access to Microsoft’s that were not part of the original lawsuit, Microsoft’s headquarters for the next five programming language and thus will be able such as Windows XP, which will have to be years, at the company’s expense, and monitor to make Microsoft programs compatible with modified to comply with the settlement. This Microsoft’s behavior and compliance with their own. Competitors also benefit from the case was supposedly brought on behalf of the settlement. provision that frees up computer American consumers. We have paid the price Most importantly, this settlement is fair to manufacturers to disable or uninstall any of litigation through our taxes. Our the computer users and consumers of Microsoft application or element of an investment portfolios have taken a hard hit America, on whose behalf the lawsuit was operating system and install other programs. during this battle, and now more than ever, allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against the country needs the economic stability this select a variety of pre-installed software on computer manufactures, ISPs, or other settlement can provide. This settlement is in their computers. It will also be easier to software developers for using products the public interest, and I urge the DOJ to substitute competitors? products after developed by Microsoft competitors. Plus, in submit the revised proposed Final Judgment purchase as well. The Judgment even covers an unprecedented enforcement clause, a to the U.S. District Court without change. issues and software that were not part of the Technical Committee will work out of
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Microsoft’s headquarters for the next five compatible with their own. Competitors also The terms of the settlement offer a fair years, at the company’s expense, and monitor benefit from the provision that frees up resolution for all sides of this case ? the DOJ, Microsoft’s behavior and compliance with computer manufacturers to disable or the states, Microsoft, competitors, consumers the settlement. uninstall any Microsoft application or and taxpayers. Microsoft will not be broken Most importantly, this settlement is fair to element of an operating system and install up and will be able to continue to innovate the computer users and consumers of other programs. In addition, Microsoft cannot and provide new software and products. America, on whose behalf the lawsuit was retaliate against computer manufactures, Software developers and Internet service allegedly filed. Consumers will be able to ISPs, or other software developers for using providers (ISPs), including competitors, will select a variety of pre-installed software on products developed by Microsoft have unprecedented access to Microsoft’s their computers. It will also be easier to competitors. Plus, in an unprecedented programming language and thus will be able substitute competitors? products after enforcement clause, a Technical Committee to make Microsoft programs compatible with purchase as well. The Judgment even covers will work out of Microsoft’s headquarters for their own. Competitors also benefit from the issues and software that were not part of the the next five years, at the company’s expense, provision that frees up computer original lawsuit, such as Windows XP, which and monitor Microsoft’s behavior and manufacturers to disable or uninstall any will have to be modified to comply with the compliance with the settlement.Most Microsoft application or element of an settlement. importantly, this settlement is fair to the operating system and install other programs. This case was supposedly brought on computer users and consumers of America, In addition, Microsoft cannot retaliate against behalf of American consumers. We have paid on whose behalf the lawsuit was allegedly computer manufactures, ISPs, or other the price of litigation through our taxes. Our filed. Consumers will be able to select a software developers for using products investment portfolios have taken a hard hit variety of pre-installed software on their developed by Microsoft competitors. Plus,in during this battle, and now more than ever, computers. It will also be easier to substitute an unprecedented enforcement clause, a the country needs the economic stability this competitors? products after purchase as well. Technical Committee will workout of settlement can provide. This settlement is in The Judgment even covers issues and Microsoft’s headquarters for the next five the public interest, and I urge the DOJ to software that were not part of the original years, at the company’s expense, and monitor submit the revised proposed Final Judgment lawsuit, such as Windows XP, which will Microsoft’s behavior and compliance with have to be modified to comply with the to the U.S. District Court without change. the settlement. settlement.This case was supposedly brought Sincerely, Most importantly, this settlement is fair to on behalf of American consumers. We have W. B. Pete Hopkins the computer users and consumers of paid the price of litigation through our taxes. America, on whose behalf the lawsuit was MTC–00032149 Our investment portfolios have taken a hard allegedly filed.Consumers will be able to hit during this battle, and now more than From: Richard Kabat select a variety of pre-installed software on ever, the country needs the economic To: Ms. Renata Hesse their computers. It will also be easier to stability this settlement can provide. This Date: 12/5/01 2:14pm substitute competitors?products after settlement is in the public interest, and I urge Subject: Microsoft Settlement purchase as well. The Judgment even covers the DOJ to submit the revised proposed Final Richard Kabat issues and software that were not part of the Rt 3 Box L-160 Judgment to the U.S. District Court without change. original lawsuit, such as Windows XP,which Franklin, TX 77856 Sincerely, will have to be modified to comply with the December 5, 2001 Richard J. Kabat settlement. Ms. Renata Hesse This case was supposedly brought on U.S. Department of Justice, Antitrust Division MTC–00032150 behalf of American consumers. We have paid 601 D Street NW, Suite 1200 From: Harold Berenson the price of litigation through our taxes. Our Washington, DC 20530 To: Ms. Renata Hesse investment portfolios have taken a hard hit Ms. Hesse: Date: 12/5/01 2:16pm during this battle, and now more than ever, I would like to express my support for the Subject: Microsoft Settlement the country needs the economic stability this revised proposed Final Judgment in the U.S. Harold Berenson settlement can provide. This settlement is in v. Microsoft case. This lengthy litigation has 20110 218th Ave NE the public interest, and I urge the DOJ to cost my fellow taxpayers and me more than Woodinville, WA 98072–7145 submit the revised proposed Final Judgment $35 million, and after reviewing the terms of December 5, 2001 to the U.S. District Court without change. this Judgment, final approval is clearly in the Ms. Renata Hesse Sincerely, public interest. Perhaps of greatest benefit to U.S. Department of Justice, Antitrust Division Harold R. Berenson the American people, the Department of 601 D Street NW, Suite 1200 MTC–00032151 Justice (DOJ) and the settling states will avoid Washington, DC 20530 additional costs and now be able to focus Ms. Hesse: From: Marty French their time and resources on matters of far I would like to express my support for the To: Ms. Renata Hesse greater national significance ? the war against revised proposed Final Judgment in the U.S. Date: 12/5/01 2:16pm terrorism, including homeland security. As v. Microsoft case. This lengthy litigation has Subject: Microsoft Settlement noted by District Court Judge Colleen Kollar- cost my fellow taxpayers and me more than Marty French Kotelly, who pushed for a settlement after the $35 million, and after reviewing the terms of 2300 Bristol Dr. attacks of September 11, it is vital for the this Judgment, final approval is clearly in the Carrollton, Tx 75006 country to move on from this lawsuit. The public interest.Perhaps of greatest benefit to December 5, 2001 parties worked extremely hard to reach this the American people, the Department of Ms. Renata Hesse agreement, which has the benefit of taking Justice (DOS) and the settling states will U.S. Department of Justice, Antitrust Division effect immediately rather than months or avoid additional costs and now be able to 601 D Street NW, Suite 1200 years from now when all appeals from focus their time and resources on matters of Washington, DC 20530 continuing the litigation would finally be far greater national significance ? the war Ms. Hesse: exhausted. The terms of the settlement offer against terrorism, including homeland I would like to express my support for the a fair resolution for all sides of this case ? the security. As noted by District Court Judge revised proposed Final Judgment in the U.S. DOJ, the states, Microsoft, competitors, Colleen Kollar-Kotelly, who pushed for a v. Microsoft case. This lengthy litigation has consumers and taxpayers. Microsoft will not settlement after the attacks of September 11, cost my fellow taxpayers and me more than be broken up and will be able to continue to it is vital for the country to move on from this $35 million, and after reviewing the terms of innovate and provide new software and lawsuit. The parties worked extremely hard this Judgment, final approval is clearly in the products. Software developers and Internet to reach this agreement, which has the public interest. service providers (ISPs), including benefit of taking effect immediately rather Perhaps of greatest benefit to the American competitors, will have unprecedented access than months or years from now when all people, the Department of Justice (DOJ) and to Microsoft’s programming language and appeals from continuing the litigation would the settling states will avoid additional costs thus will be able to make Microsoft programs finally be exhausted. and now be able to focus their time and
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resources on matters of far greater national Washington, DC 20530 MTC–00032153 significance ? the war against terrorism, Ms. Hesse: From: Marian Hirsh including homeland security. As noted by I would like to express my support for the To: Ms. Renata Hesse District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. Date: 12/5/01 2:16pm who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has Subject: Microsoft Settlement of September 11, it is vital for the country to cost my fellow taxpayers and me more than Marian Hirsh move on from this lawsuit. The parties $35 million, and after reviewing the terms of 96000 Overseas Hwy. F–9 worked extremely hard to reach this this Judgment, final approval is clearly in the Key Largo, FL 33037 agreement, which has the benefit of taking public interest. December 5, 2001 effect immediately rather than months or Perhaps of greatest benefit to the American Ms. Renata Hesse years from now when all appeals from people, the Department of Justice (DOJ) and U.S. Department of Justice, Antitrust Division continuing the litigation would finally be the settling states will avoid additional costs 601 D Street NW, Suite 1200 exhausted. and now be able to focus their time and Washington, DC 20530 The terms of the settlement offer a fair resources on matters of far greater national Ms. Hesse: resolution for all sides of this case ? the DOJ, significance ? the war against terrorism, I would like to express my support for the the states, Microsoft, competitors, consumers including homeland security. As noted by revised proposed Final Judgment in the U.S. and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, v. Microsoft case. This lengthy litigation has up and will be able to continue to innovate who pushed for a settlement after the attacks cost my fellow taxpayers and me more than and provide new software and products. of September 11, it is vital for the country to $35 million, and after reviewing the terms of Software developers and Internet service move on from this lawsuit. The parties this Judgment, final approval is clearly in the providers (ISPs), including competitors, will worked extremely hard to reach this public interest. have unprecedented access to Microsoft’s agreement, which has the benefit of taking Perhaps of greatest benefit to the American programming language and thus will be able effect immediately rather than months or people, the Department of Justice (DOJ) and to make Microsoft programs compatible with years from now when all appeals from the settling states will avoid additional costs their own. Competitors also benefit from the continuing the litigation would finally be and now be able to focus their time and provision that frees up computer exhausted. resources on matters of far greater national manufacturers to disable or uninstall any The terms of the settlement offer a fair significance – the war against Microsoft application or element of an resolution for all sides of this case ? the DOJ, terrorism, including homeland security. As operating system and install other programs. the states, Microsoft, competitors, consumers noted by District Court Judge Colleen Kollar- In addition, Microsoft cannot retaliate against and taxpayers. Microsoft will not be broken Kotelly, who pushed for a settlement after the computer manufactures, ISPs, or other up and will be able to continue to innovate attacks of September 11, it is vital for the software developers for using products and provide new software and products. country to move on from this lawsuit. The developed by Microsoft competitors. Plus,in Software developers and Internet service parties worked extremely hard to reach this an unprecedented enforcement clause, a providers (ISPs), including competitors, will agreement, which has the benefit of taking Technical Committee will workout of have unprecedented access to Microsoft’s effect immediately rather than months or Microsoft’s headquarters for the next five programming language and thus will be able years from now when all appeals from years, at the company’s expense, and monitor to make Microsoft programs compatible with continuing the litigation would finally be Microsoft’s behavior and compliance with their own. Competitors also benefit from the exhausted. The terms of the settlement offer the settlement. provision that frees up computer a fair resolution for all sides of this case Most importantly, this settlement is fair to manufacturers to disable or uninstall any – the DOJ, the states, Microsoft, the computer users and consumers of Microsoft application or element of an competitors, consumers and taxpayers. Microsoft will not be broken up and will be America, on whose behalf the lawsuit was operating system and install other programs. able to continue to innovate and provide new allegedly filed.Consumers will be able to In addition, Microsoft cannot retaliate against software and products. Software developers select a variety of pre-installed software on computer manufactures, ISPs, or other and Internet service providers (ISPs), their computers. It will also be easier to software developers for using products developed by Microsoft competitors. Plus, in including competitors, will have substitute competitors?products after unprecedented access to Microsoft’s an unprecedented enforcement clause, a purchase as well. The Judgment even covers programming language and thus will be able Technical Committee will work out of issues and software that were not part of the to make Microsoft programs compatible with Microsoft’s headquarters for the next five original lawsuit, such as Windows XP,which their own. years, at the company’s expense, and monitor will have to be modified to comply with the Competitors also benefit from the provision settlement. Microsoft’s behavior and compliance with that frees up computer manufacturers to This case was supposedly brought on the settlement. disable or uninstall any Microsoft application behalf of American consumers. We have paid Most importantly, this settlement is fair to or element of an operating system and install the price of litigation through our taxes. Our the computer users and consumers of other programs. In addition, Microsoft cannot investment portfolios have taken a hard hit America, on whose behalf the lawsuit was retaliate against computer manufactures, during this battle, and now more than ever, allegedly filed. Consumers will be able to ISPs, or other software developers for using the country needs the economic stability this select a variety of pre-installed software on products developed by Microsoft settlement can provide. This settlement is in their computers. It will also be easier to competitors. Plus, in an unprecedented the public interest, and I urge the DOJ to substitute competitors? products after enforcement clause, a Technical Committee submit the revised proposed Final Judgment purchase as well. The Judgment even covers will work out of Microsoft’s to the U.S. District Court without change. issues and software that were not part of the headquarters for the next five years, at the Sincerely, original lawsuit, such as Windows XP, which company’s expense, and monitor Marty French will have to be modified to comply with the Microsoft‘s behavior and compliance settlement. with the settlement. MTC–00032152 This case was supposedly brought on Most importantly, this settlement is fair to From: Jerry Darger behalf of American consumers. We have paid the computer users and consumers of To: Ms. Renata Hesse the price of litigation through our taxes. Our America, on whose behalf the lawsuit was Date: 12/5/01 2:16pm investment portfolios have taken a hard hit allegedly filed. Consumers will be able to Subject: Microsoft Settlement during this battle, and now more than ever, select a variety of pre-installed software on Jerry Darger the country needs the economic stability this their computers. It will also be easier to 821 Hopkins St settlement can provide. This settlement is in substitute competitors’ products after Kiowa, KS 67070 the public interest, and I urge the DOJ to purchase as well. The Judgment even covers December 5, 2001 submit the revised proposed Final Judgment issues and software that were not part of the Ms. Renata Hesse to the U.S. District Court without change. original lawsuit, such as Windows XP, which U.S. Department of Justice, Antitrust Division Sincerely, will have to be modified to comply with the 601 D Street NW, Suite 1200 Jerry Darger settlement.
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This case was supposedly brought on Most importantly, this settlement is fair to manufacturers to disable or uninstall any behalf of American consumers. We have paid the computer users and consumers of Microsoft application or element of an the price of litigation through our taxes. Our America, on whose behalf the lawsuit was operating system and install other programs. investment portfolios have taken a hard hit allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against during this battle, and now more than ever, select a variety of pre-installed software on computer manufactures, ISPs, or other the country needs the economic stability this their computers. It will also be easier to software developers for using products settlement can provide. This settlement is in substitute competitors? products after developed by Microsoft competitors. Plus, in the public interest, and I urge the DOJ to purchase as well. The Judgment even covers an unprecedented enforcement clause, a submit the revised proposed Final Judgment issues and software that were not part of the Technical Committee will work out of to the U.S. District Court without change. original lawsuit, such as Windows XP, which Microsoft’s headquarters for the next five Sincerely, will have to be modified to comply with the years, at the company’s expense, and monitor Marian Hirsh settlement. Microsoft’s behavior and compliance with MTC–00032154 This case was supposedly brought on the settlement. behalf of American consumers. We have paid Most importantly, this settlement is fair to From: Jacob Baker the price of litigation through our taxes. Our the computer users and consumers of To: Ms. Renata Hesse investment portfolios have taken a hard hit America, on whose behalf the lawsuit was Date: 12/5/01 2:19pm during this battle, and now more than ever, allegedly filed. Consumers will be able to Subject: Microsoft Settlement the country needs the economic stability this select a variety of pre-installed software on Jacob Baker settlement can provide. This settlement is in their computers. It will also be easier to 121 PINE DRIVE the public interest, and I urge the DOJ to substitute competitors? products after watertown, NY 13612 submit the revised proposed Final Judgment purchase as well. The Judgment even covers December 5, 2001 to the U.S. District Court without change. issues and software that were not part of the Ms. Renata Hesse Sincerely, original lawsuit, such as Windows XP, which U.S. Department of Justice, Antitrust Division Jacob D. Baker will have to be modified to comply with the 601 D Street NW, Suite 1200 settlement. Washington, DC 20530 MTC–00032155 Ms. Hesse: This case was supposedly brought on From: Beryl Shuga I would like to express my support for the behalf of American consumers. We have paid To: Ms. Renata Hesse revised proposed Final Judgment in the U.S. the price of litigation through our taxes. Our Date: 12/5/01 2:27pm v. Microsoft case. This lengthy litigation has investment portfolios have taken a hard hit Subject: Microsoft Settlement cost my fellow taxpayers and me more than during this battle, and now more than ever, Beryl Shuga $35 million, and after reviewing the terms of the country needs the economic stability this 720 Glenhaven Drive this Judgment, final approval is clearly in the settlement can provide. This settlement is in Hurst, TX 76054–2306 public interest. the public interest, and I urge the DOJ to December 5, 2001 Perhaps of greatest benefit to the American submit the revised proposed Final Judgment Ms. Renata Hesse people, the Department of Justice (DOJ) and to the U.S. District Court without change. the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division Sincerely, and now be able to focus their time and 601 D Street NW, Suite 1200 (Mrs) Beryl Shuga Washington, DC 20530 resources on matters of far greater national MTC–00032156 significance ? the war against terrorism, Ms. Hesse: including homeland security. As noted by I would like to express my support for the From: Steve King District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has Date: 12/5/01 2:28pm of September 11, it is vital for the country to cost my fellow taxpayers and me more than Subject: Microsoft Settlement move on from this lawsuit. The parties $35 million, and after reviewing the terms of Steve King worked extremely hard to reach this this Judgment, final approval is clearly in the 718 Treat Ave. agreement, which has the benefit of taking public interest. San Francisco, CA 94519 effect immediately rather than months or Perhaps of greatest benefit to the American December 5, 2001 years from now when all appeals from people, the Department of Justice (DOJ) and Ms. Renata Hesse continuing the litigation would finally be the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division exhausted. and now be able to focus their time and 601 D Street NW, Suite 1200 The terms of the settlement offer a fair resources on matters of far greater national Washington, DC 20530 resolution for all sides of this case ? the DOJ, significance ? the war against terrorism, Ms. Hesse: the states, Microsoft, competitors, consumers including homeland security. As noted by I would like to express my support for the and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. up and will be able to continue to innovate who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has and provide new software and products. of September 11, it is vital for the country to cost my fellow taxpayers and me more than Software developers and Internet service move on from this lawsuit. The parties $35 million, and after reviewing the terms of providers (ISPs), including competitors, will worked extremely hard to reach this this Judgment, final approval is clearly in the have unprecedented access to Microsoft’s agreement, which has the benefit of taking public interest. programming language and thus will be able effect immediately rather than months or Perhaps of greatest benefit to the American to make Microsoft programs compatible with years from now when all appeals from people, the Department of Justice (DOJ) and their own. Competitors also benefit from the continuing the litigation would finally be the settling states will avoid additional costs provision that frees up computer exhausted. and now be able to focus their time and manufacturers to disable or uninstall any The terms of the settlement offer a fair resources on matters of far greater national Microsoft application or element of an resolution for all sides of this case ? the DOJ, significance – the war against operating system and install other programs. the states, Microsoft, competitors, consumers terrorism, including homeland security. As In addition, Microsoft cannot retaliate against and taxpayers. Microsoft will not be broken noted by District Court Judge Colleen Kollar- computer manufactures, ISPs, or other up and will be able to continue to innovate Kotelly, who pushed for a settlement after the software developers for using products and provide new software and products. attacks of September 11, it is vital for the developed by Microsoft competitors. Plus, in Software developers and Internet service country to move on from this lawsuit. The an unprecedented enforcement clause, a providers (ISPs), including competitors, will parties worked extremely hard to reach this Technical Committee will work out of have unprecedented access to Microsoft’s agreement, which has the benefit of taking Microsoft’s headquarters for the next five programming language and thus will be able effect immediately rather than months or years, at the company’s expense, and monitor to make Microsoft programs compatible with years from now when all appeals from Microsoft’s behavior and compliance with their own. Competitors also benefit from the continuing the litigation would finally be the settlement. provision that frees up computer exhausted.
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The terms of the settlement offer a fair and now be able to focus their time and Ms. Renata Hesse resolution for all sides of this case – resources on matters of far greater national U.S. Department of Justice, Antitrust Division the DOJ, the states, Microsoft, competitors, significance & #8211; the war against 601 D Street NW, Suite 1200 consumers and taxpayers. Microsoft will not terrorism, including homeland security. As Washington, DC 20530 be broken up and will be able to continue to noted by District Court Judge Colleen Kollar- Ms. Hesse: innovate and provide new software and Kotelly, who pushed for a settlement after the I would like to express my support for the products. Software developers and Internet attacks of September 11, it is vital for the revised proposed Final Judgment in the U.S. service providers (ISPs), including country to move on from this lawsuit. The v. Microsoft case. This lengthy litigation has competitors, will have unprecedented access parties worked extremely hard to reach this cost my fellow taxpayers and me more than to Microsoft’s programming language agreement, which has the benefit of taking $35 million, and after reviewing the terms of and thus will be able to make Microsoft effect immediately rather than months or this Judgment, final approval is clearly in the programs compatible with their own. years from now when all appeals from public interest. Competitors also benefit from the provision continuing the litigation would finally be Perhaps of greatest benefit to the American that frees up computer manufacturers to exhausted. people, the Department of Justice (DOJ) and disable or uninstall any Microsoft application The terms of the settlement offer a fair the settling states will avoid additional costs or element of an operating system and install resolution for all sides of this case & #8211; and now be able to focus their time and other programs. In addition, Microsoft cannot the DOJ, the states, Microsoft, competitors, resources on matters of far greater national retaliate against computer manufactures, consumers and taxpayers. Microsoft will not significance the war against terrorism, ISPs, or other software developers for using be broken up and will be able to continue to including homeland security. As noted by products developed by Microsoft innovate and provide new software and District Court Judge Colleen Kollar-Kotelly, competitors. Plus, in an unprecedented products. Software developers and Internet who pushed for a settlement after the attacks enforcement clause, a Technical Committee service providers (ISPs), including of September 11, it is vital for the country to will work out of Microsoft’s competitors, will have unprecedented access move on from this lawsuit. The parties headquarters for the next five years, at the to Microsoft & #8217;s programming worked extremely hard to reach this company’s expense, and monitor language and thus will be able to make agreement, which has the benefit of taking Microsoft‘s behavior and compliance Microsoft programs compatible with their effect immediately rather than months or years from now when all appeals from with the settlement. own. continuing the litigation would finally be Most importantly, this settlement is fair to Competitors also benefit from the provision exhausted. the computer users and consumers of that frees up computer manufacturers to The terms of the settlement offer a fair America, on whose behalf the lawsuit was disable or uninstall any Microsoft application resolution for all sides of this case the DOJ, allegedly filed. Consumers will be able to or element of an operating system and install the states, Microsoft, competitors, consumers select a variety of pre-installed software on other programs. In addition, Microsoft cannot and taxpayers. Microsoft will not be broken their computers. It will also be easier to retaliate against computer manufactures, up and will be able to continue to innovate substitute competitors’ products after ISPs, or other software developers for using and provide new software and products. purchase as well. The Judgment even covers products developed by Microsoft Software developers and Internet service issues and software that were not part of the competitors. Plus, in an unprecedented providers (ISPs), including competitors, will original lawsuit, such as Windows XP, which enforcement clause, a Technical Committee have unprecedented access to Microsoft’s will have to be modified to comply with the will work out of Microsoft & #8217;s programming language and thus will be able settlement. headquarters for the next five years, at the to make Microsoft programs compatible with This case was supposedly brought on company & #8217;s expense, and monitor their own. Competitors also benefit from the behalf of American consumers. We have paid Microsoft & #8216;s behavior and compliance provision that frees up computer the price of litigation through our taxes. Our with the settlement. manufacturers to disable or uninstall any investment portfolios have taken a hard hit Most importantly, this settlement is fair to Microsoft application or element of an during this battle, and now more than ever, the computer users and consumers of operating system and install other programs. the country needs the economic stability this America, on whose behalf the lawsuit was In addition, Microsoft cannot retaliate against settlement can provide. This settlement is in allegedly filed. Consumers will be able to computer manufactures, ISPs, or other the public interest, and I urge the DOJ to select a variety of pre-installed software on software developers for using products submit the revised proposed Final Judgment their computers. It will also be easier to developed by Microsoft competitors. Plus, in to the U.S. District Court without change. substitute competitors & #8217; products an unprecedented enforcement clause, a Sincerely, after purchase as well. The Judgment even Technical Committee will work out of Steve King covers issues and software that were not part Microsoft’s headquarters for the next five of the original lawsuit, such as Windows XP, MTC–00032157 years, at the company’s expense, and monitor which will have to be modified to comply Microsoft’s behavior and compliance with From: Kelly J. Purcell with the settlement. the settlement. To: Ms. Renata Hesse This case was supposedly brought on Most importantly, this settlement is fair to Date: 12/5/01 2:28pm behalf of American consumers. We have paid the computer users and consumers of Subject: Microsoft Settlement the price of litigation through our taxes. Our America, on whose behalf the lawsuit was Kelly J. Purcell investment portfolios have taken a hard hit allegedly filed. Consumers will be able to 1918 Edinburgh Way during this battle, and now more than ever, select a variety of pre-installed software on Fullerton, CA 92831 the country needs the economic stability this their computers. It will also be easier to December 5, 2001 settlement can provide. This settlement is in substitute competitors’ products after Ms. Renata Hesse the public interest, and I urge the DOJ to purchase as well. The Judgment even covers U.S. Department of Justice, Antitrust Division submit the revised proposed Final Judgment issues and software that were not part of the 601 D Street NW, Suite 1200 to the U.S. District Court without change. original lawsuit, such as Windows XP, which Washington, DC 20530 Sincerely, will have to be modified to comply with the Ms. Hesse: Kelly J. Purcell settlement. I would like to express my support for the This case was supposedly brought on revised proposed Final Judgment in the U.S. MTC–00032158 behalf of American consumers. We have paid v. Microsoft case. This lengthy litigation has From: Mark Spaeth the price of litigation through our taxes. Our cost my fellow taxpayers and me more than To: Ms. Renata Hesse investment portfolios have taken a hard hit $35 million, and after reviewing the terms of Date: 12/5/01 2:32pm during this battle, and now more than ever, this Judgment, final approval is clearly in the Subject: Microsoft Settlement the country needs the economic stability this public interest. Mark Spaeth settlement can provide. This settlement is in Perhaps of greatest benefit to the American 14 E. Brookdale Ln the public interest, and I urge the DOJ to people, the Department of Justice (DOJ) and Palatine, IL 60067–7404 submit the revised proposed Final Judgment the settling states will avoid additional costs December 5, 2001 to the U.S. District Court without change.
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Sincerely, of the original lawsuit, such as Windows XP, Microsoft’s headquarters for the next five Mark Spaeth which will have to be modified to comply years, at the company’s expense, and monitor with the settlement. Microsoft’s behavior and compliance with MTC–00032160 This case was supposedly brought on the settlement. From: Joseph O’Hara behalf of American consumers. We have paid Most importantly, this settlement is fair to To: Ms. Renata Hesse the price of litigation through our taxes. Our the computer users and consumers of Date: 12/5/01 2:32pm investment portfolios have taken a hard hit America, on whose behalf the lawsuit was Subject: Microsoft Settlement during this battle, and now more than ever, allegedly filed. Consumers will be able to Joseph O’Hara the country needs the economic stability this select a variety of pre-installed software on 17521 leafwood lane settlement can provide. This settlement is in their computers. It will also be easier to Tustin, ca 97280–1208 the public interest, and I urge the DOJ to substitute competitors’ products after December 5, 2001 submit the revised proposed Final Judgment purchase as well. The Judgment even covers Ms. Renata Hesse to the U.S. District Court without change. issues and software that were not part of the U.S. Department of Justice, Antitrust Division Sincerely, original lawsuit, such as Windows XP, which 601 D Street NW, Suite 1200 Joe O’Hara will have to be modified to comply with the Washington, DC 20530 settlement. This case was supposedly Ms. Hesse: MTC–00032161 brought on behalf of American consumers. I would like to express my support for the From: Gary Halpin We have paid the price of litigation through revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse our taxes. Our investment portfolios have v. Microsoft case. This lengthy litigation has Date: 12/5/01 2:34pm taken a hard hit during this battle, and now cost my fellow taxpayers and me more than Subject: Microsoft Settlement more than ever, the country needs the $35 million, and after reviewing the terms of Gary Halpin economic stability this settlement can this Judgment, final approval is clearly in the 2009B Huntington Lane provide. This settlement is in the public public interest. Redondo Beach, CA 90278 interest, and I urge the DOJ to submit the Perhaps of greatest benefit to the American December 5, 2001 revised proposed Final Judgment to the U.S. people, the Department of Justice (DOJ) and Ms. Renata Hesse District Court without change. the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division Sincerely, and now be able to focus their time and 601 D Street NW, Suite 1200 Gary Halpin resources on matters of far greater national Washington, DC 20530 significance & #8211; the war against Ms. Hesse: MTC–00032162 terrorism, including homeland security. As I would like to express my support for the From: Jon H. Clayton noted by District Court Judge Colleen Kollar- revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse Kotelly, who pushed for a settlement after the v. Microsoft case. This lengthy litigation has Date: 12/5/01 2:38pm attacks of September 11, it is vital for the cost my fellow taxpayers and me more than Subject: Microsoft Settlement country to move on from this lawsuit. The $35 million, and after reviewing the terms of Jon H. Clayton parties worked extremely hard to reach this this Judgment, final approval is clearly in the 174 Woodland Ct. agreement, which has the benefit of taking public interest. Wetumpka, AL 36093–2211 effect immediately rather than months or Perhaps of greatest benefit to the American December 5, 2001 years from now when all appeals from people, the Department of Justice (DOJ) and Ms. Renata Hesse continuing the litigation would finally be the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division exhausted. The terms of the settlement offer and now be able to focus their time and 601 D Street NW, Suite 1200 a fair resolution for all sides of this case & resources on matters of far greater national Washington, DC 20530 #8211; the DOJ, the states, Microsoft, significance the war against terrorism, Ms. Hesse: competitors, consumers and taxpayers. including homeland security. As noted by I would like to express my support for the Microsoft will not be broken up and will be District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. able to continue to innovate and provide new who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has software and products. Software developers of September 11, it is vital for the country to cost my fellow taxpayers and me more than and Internet service providers (ISPs), move on from this lawsuit. The parties $35 million, and after reviewing the terms of including competitors, will have worked extremely hard to reach this this Judgment, final approval is clearly in the unprecedented access to Microsoft & #8217;s agreement, which has the benefit of taking public interest. Perhaps of greatest benefit to programming language and thus will be able effect immediately rather than months or the American people, the Department of to make Microsoft programs compatible with years from now when all appeals from Justice (DOJ) and the settling states will avoid their own. Competitors also benefit from the continuing the litigation would finally be additional costs and now be able to focus provision that frees up computer exhausted. their time and resources on matters of far manufacturers to disable or uninstall any The terms of the settlement offer a fair greater national significance & #8211; the war Microsoft application or element of an resolution for all sides of this case the DOJ, against terrorism, including homeland operating system and install other programs. the states, Microsoft, competitors, consumers security. As noted by District Court Judge In addition, Microsoft cannot retaliate against and taxpayers. Microsoft will not be broken Colleen Kollar-Kotelly, who pushed for a computer manufactures, ISPs, or other up and will be able to continue to innovate settlement after the attacks of September 11, software developers for using products and provide new software and products. it is vital for the country to move on from this developed by Microsoft competitors. Plus, in Software developers and Internet service lawsuit. The parties worked extremely hard an unprecedented enforcement clause, a providers (ISPs), including competitors, will to reach this agreement, which has the Technical Committee will work out of have unprecedented access to Microsoft’s benefit of taking effect immediately rather Microsoft & #8217;s headquarters for the next programming language and thus will be able than months or years from now when all five years, at the company & #8217;s expense, to make Microsoft programs compatible with appeals from continuing the litigation would and monitor Microsoft & #8216;s behavior their own. Competitors also benefit from the finally be exhausted. and compliance with the settlement. provision that frees up computer The terms of the settlement offer a fair Most importantly, this settlement is fair to manufacturers to disable or uninstall any resolution for all sides of this case & #8211; the computer users and consumers of Microsoft application or element of an the DOJ, the states, Microsoft, competitors, America, on whose behalf the lawsuit was operating system and install other programs. consumers and taxpayers. Microsoft will not allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against be broken up and will be able to continue to select a variety of pre-installed software on computer manufactures, ISPs, or other innovate and provide new software and their computers. It will also be easier to software developers for using products products. Software developers and Internet substitute competitors & #8217; products developed by Microsoft competitors. Plus, in service providers (ISPs), including after purchase as well. The Judgment even an unprecedented enforcement clause, a competitors, will have unprecedented access covers issues and software that were not part Technical Committee will work out of to Microsoft & #8217;s programming
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language and thus will be able to make agreement, which has the benefit of taking this Judgment, final approval is clearly in the Microsoft programs compatible with their effect immediately rather than months or public interest. own. years from now when all appeals from Perhaps of greatest benefit to the American Competitors also benefit from the provision continuing the litigation would finally be people, the Department of Justice (DOJ) and that frees up computer manufacturers to exhausted. the settling states will avoid additional costs disable or uninstall any Microsoft application The terms of the settlement offer a fair and now be able to focus their time and or element of an operating system and install resolution for all sides of this case – resources on matters of far greater national other programs. In addition, Microsoft cannot the DOJ, the states, Microsoft, competitors, significance – the war against retaliate against computer manufactures, consumers and taxpayers. Microsoft will not terrorism, including homeland security. As ISPs, or other software developers for using be broken up and will be able to continue to noted by District Court Judge Colleen Kollar- products developed by Microsoft innovate and provide new software and Kotelly, who pushed for a settlement after the competitors. Plus, in an unprecedented products. Software developers and Internet attacks of September 11, it is vital for the enforcement clause, a Technical Committee service providers (ISPs), including country to move on from this lawsuit. The will work out of Microsoft & #8217;s competitors, will have unprecedented access parties worked extremely hard to reach this headquarters for the next five years, at the to Microsoft’s programming language agreement, which has the benefit of taking company & #8217;s expense, and monitor and thus will be able to make Microsoft effect immediately rather than months or Microsoft & #8216;s behavior and compliance programs compatible with their own. years from now when all appeals from with the settlement. Competitors also benefit from the provision continuing the litigation would finally be Most importantly, this settlement is fair to that frees up computer manufacturers to exhausted. the computer users and consumers of disable or uninstall any Microsoft application The terms of the settlement offer a fair America, on whose behalf the lawsuit was or element of an operating system and install resolution for all sides of this case – allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot the DOJ, the states, Microsoft, competitors, select a variety of pre-installed software on retaliate against computer manufactures, consumers and taxpayers. Microsoft will not their computers. It will also be easier to ISPs, or other software developers for using be broken up and will be able to continue to substitute competitors & #8217; products products developed by Microsoft innovate and provide new software and after purchase as well. The Judgment even competitors. Plus, in an unprecedented products. Software developers and Internet covers issues and software that were not part enforcement clause, a Technical Committee service providers (ISPs), including of the original lawsuit, such as Windows XP, will work out of Microsoft’s competitors, will have unprecedented access which will have to be modified to comply headquarters for the next five years, at the to Microsoft’s programming language with the settlement. company’s expense, and monitor and thus will be able to make Microsoft This case was supposedly brought on Microsoft‘s behavior and compliance programs compatible with their own. behalf of American consumers. We have paid with the settlement. Competitors also benefit from the provision the price of litigation through our taxes. Our Most importantly, this settlement is fair to that frees up computer manufacturers to investment portfolios have taken a hard hit the computer users and consumers of disable or uninstall any Microsoft application during this battle, and now more than ever, America, on whose behalf the lawsuit was or element of an operating system and install the country needs the economic stability this allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot settlement can provide. This settlement is in select a variety of pre-installed software on retaliate against computer manufactures, the public interest, and I urge the DOJ to their computers. It will also be easier to ISPs, or other software developers for using submit the revised proposed Final Judgment substitute competitors’ products after products developed by Microsoft to the U.S. District Court without change. purchase as well. The Judgment even covers competitors. Plus, in an unprecedented Sincerely, issues and software that were not part of the enforcement clause, a Technical Committee Jon H. Clayton original lawsuit, such as Windows XP, which will work out of Microsoft’s will have to be modified to comply with the headquarters for the next five years, at the MTC–00032163 settlement. company’s expense, and monitor From: Edward Griffiths This case was supposedly brought on Microsoft‘s behavior and compliance To: Ms. Renata Hesse behalf of American consumers. We have paid with the settlement. Date: 12/5/01 2:38pm the price of litigation through our taxes. Our Most importantly, this settlement is fair to Subject: Microsoft Settlement investment portfolios have taken a hard hit the computer users and consumers of Edward Griffiths during this battle, and now more than ever, America, on whose behalf the lawsuit was PO Box 2411 the country needs the economic stability this allegedly filed. Consumers will be able to Pawleys Island, SC 29585–2411 settlement can provide. This settlement is in select a variety of pre-installed software on December 5, 2001 the public interest, and I urge the DOJ to their computers. It will also be easier to Ms. Renata Hesse submit the revised proposed Final Judgment substitute competitors’ products after U.S. Department of Justice, Antitrust Division to the U.S. District Court without change. purchase as well. The Judgment even covers 601 D Street NW, Suite 1200 Sincerely, issues and software that were not part of the Washington, DC 20530 Edward Griffiths original lawsuit, such as Windows XP, which Ms. Hesse: will have to be modified to comply with the I would like to express my support for the MTC–00032164 settlement. revised proposed Final Judgment in the U.S. From: Herman Kohlman This case was supposedly brought on v. Microsoft case. This lengthy litigation has To: Ms. Renata Hesse behalf of American consumers. We have paid cost my fellow taxpayers and me more than Date: 12/5/01 2:39pm the price of litigation through our taxes. Our $35 million, and after reviewing the terms of Subject: Microsoft Settlement investment portfolios have taken a hard hit this Judgment, final approval is clearly in the Herman Kohlman during this battle, and now more than ever, public interest. 2930 Woodside Ct. the country needs the economic stability this Perhaps of greatest benefit to the American Evansville, IN 47711 settlement can provide. This settlement is in people, the Department of Justice (DOJ) and December 5, 2001 the public interest, and I urge the DOJ to the settling states will avoid additional costs Ms. Renata Hesse submit the revised proposed Final Judgment and now be able to focus their time and U.S. Department of Justice, Antitrust Division to the U.S. District Court without change. resources on matters of far greater national 601 D Street NW, Suite 1200 Sincerely, significance – the war against Washington, DC 20530 Herman A. Kohlman terrorism, including homeland security. As Ms. Hesse: noted by District Court Judge Colleen Kollar- I would like to express my support for the MTC–00032165 Kotelly, who pushed for a settlement after the revised proposed Final Judgment in the U.S. From: Edward G. Morin attacks of September 11, it is vital for the v. Microsoft case. This lengthy litigation has To: Ms. Renata Hesse country to move on from this lawsuit. The cost my fellow taxpayers and me more than Date: 12/5/01 2:44pm parties worked extremely hard to reach this $35 million, and after reviewing the terms of Subject: Microsoft Settlement
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Edward G. Morin investment portfolios have taken a hard hit America, on whose behalf the lawsuit was 256 HILLSIDE AVENUE during this battle, and now more than ever, allegedly filed. Consumers will be able to CHATHAM, NJ 07928 the country needs the economic stability this select a variety of pre-installed software on December 5, 2001 settlement can provide. This settlement is in their computers. It will also be easier to Ms. Renata Hesse the public interest, and I urge the DOJ to substitute competitors? products after U.S. Department of Justice, submit the revised proposed Final Judgment purchase as well. The Judgment even covers Antitrust Division to the U.S. District Court without change. issues and software that were not part of the 601 D Street NW, Suite 1200 Sincerely, original lawsuit, such as Windows XP, which Washington, DC 20530 Edward G. & Mary V. Morin will have to be modified to comply with the Ms. Hesse: settlement. I would like to express my support for the MTC–00032166 This case was supposedly brought on revised proposed Final Judgment in the U.S. From: Jerry Lee behalf of American consumers. We have paid v. Microsoft case. This lengthy litigation has To: Ms. Renata Hesse the price of litigation through our taxes. Our cost my fellow taxpayers and me more than Date: 12/5/01 2:45pm investment portfolios have taken a hard hit $35 million, and after reviewing the terms of Subject: Microsoft Settlement during this battle, and now more than ever, this Judgment, final approval is clearly in the Jerry Lee the country needs the economic stability this public interest. RR1—Box 332M settlement can provide. This settlement is in Perhaps of greatest benefit to the American Bruceton Mills, WV 26525–9707 the public interest, and I urge the DOJ to people, the Department of Justice (DOJ) and December 5, 2001 submit the revised proposed Final Judgment the settling states will avoid additional costs Ms. Renata Hesse to the U.S. District Court without change. and now be able to focus their time and U.S. Department of Justice, Antitrust Division Sincerely, resources on matters of far greater national 601 D Street NW, Suite 1200 Jerry S. Lee significance – the war against Washington, DC 20530 terrorism, including homeland security. As Ms. Hesse: MTC–00032167 noted by District Court Judge Colleen Kollar- I would like to express my support for the From: James Murphy Kotelly, who pushed for a settlement after the revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse attacks of September 11, it is vital for the v. Microsoft case. This lengthy litigation has Date: 12/5/01 2:50pm country to move on from this lawsuit. The cost my fellow taxpayers and me more than Subject: Microsoft Settlement parties worked extremely hard to reach this $35 million, and after reviewing the terms of James Murphy agreement, which has the benefit of taking this Judgment, final approval is clearly in the 34900 Military Rd S effect immediately rather than months or public interest. Auburn, WA 98001–9211 years from now when all appeals from Perhaps of greatest benefit to the American December 5, 2001 continuing the litigation would finally be people, the Department of Justice (DOJ) and Ms. Renata Hesse exhausted. the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division The terms of the settlement offer a fair and now be able to focus their time and 601 D Street NW, Suite 1200 resolution for all sides of this case – resources on matters of far greater national Washington, DC 20530 the DOJ, the states, Microsoft, competitors, significance ? the war against terrorism, Ms. Hesse: consumers and taxpayers. Microsoft will not including homeland security. As noted by I would like to express my support for the be broken up and will be able to continue to District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. innovate and provide new software and who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has products. Software developers and Internet of September 11, it is vital for the country to cost my fellow taxpayers and me more than service providers (ISPs), including move on from this lawsuit. The parties $35 million, and after reviewing the terms of competitors, will have unprecedented access worked extremely hard to reach this this Judgment, final approval is clearly in the to Microsoft’s programming language agreement, which has the benefit of taking public interest. and thus will be able to make Microsoft effect immediately rather than months or Perhaps of greatest benefit to the American programs compatible with their own. years from now when all appeals from people, the Department of Justice (DOJ) and Competitors also benefit from the provision continuing the litigation would finally be the settling states will avoid additional costs that frees up computer manufacturers to exhausted. and now be able to focus their time and disable or uninstall any Microsoft application The terms of the settlement offer a fair resources on matters of far greater national or element of an operating system and install resolution for all sides of this case ? the DOJ, significance – the war against other programs. In addition, Microsoft cannot the states, Microsoft, competitors, consumers terrorism, including homeland security. As retaliate against computer manufactures, and taxpayers. Microsoft will not be broken noted by District Court Judge Colleen Kollar- ISPs, or other software developers for using up and will be able to continue to innovate Kotelly, who pushed for a settlement after the products developed by Microsoft and provide new software and products. attacks of September 11, it is vital for the competitors. Plus, in an unprecedented Software developers and Internet service country to move on from this lawsuit. The enforcement clause, a Technical Committee providers (ISPs), including competitors, will parties worked extremely hard to reach this will work out of Microsoft’s have unprecedented access to Microsoft’s agreement, which has the benefit of taking headquarters for the next five years, at the programming language and thus will be able effect immediately rather than months or company’s expense, and monitor to make Microsoft programs compatible with years from now when all appeals from Microsoft‘s behavior and compliance their own. Competitors also benefit from the continuing the litigation would finally be with the settlement. provision that frees up computer exhausted. Most importantly, this settlement is fair to manufacturers to disable or uninstall any The terms of the settlement offer a fair the computer users and consumers of Microsoft application or element of an resolution for all sides of this case – America, on whose behalf the lawsuit was operating system and install other programs. the DOJ, the states, Microsoft, competitors, allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against consumers and taxpayers. Microsoft will not select a variety of pre-installed software on computer manufactures, ISPs, or other be broken up and will be able to continue to their computers. It will also be easier to software developers for using products innovate and provide new software and substitute competitors’ products after developed by Microsoft competitors. Plus, in products. Software developers and Internet purchase as well. The Judgment even covers an unprecedented enforcement clause, a service providers (ISPs), including issues and software that were not part of the Technical Committee will work out of competitors, will have unprecedented access original lawsuit, such as Windows XP, which Microsoft’s headquarters for the next five to Microsoft’s programming language will have to be modified to comply with the years, at the company’s expense, and monitor and thus will be able to make Microsoft settlement. Microsoft’s behavior and compliance with programs compatible with their own. This case was supposedly brought on the settlement. Competitors also benefit from the provision behalf of American consumers. We have paid Most importantly, this settlement is fair to that frees up computer manufacturers to the price of litigation through our taxes. Our the computer users and consumers of disable or uninstall any Microsoft application
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or element of an operating system and install the DOJ, the states, Microsoft, competitors, significance – the war against other programs. In addition, Microsoft cannot consumers and taxpayers. Microsoft will not terrorism, including homeland security. As retaliate against computer manufactures, be broken up and will be able to continue to noted by District Court Judge Colleen Kollar- ISPs, or other software developers for using innovate and provide new software and Kotelly, who pushed for a settlement after the products developed by Microsoft products. Software developers and Internet attacks of September 11, it is vital for the competitors. Plus, in an unprecedented service providers (ISPs), including country to move on from this lawsuit. The enforcement clause, a Technical Committee competitors, will have unprecedented access parties worked extremely hard to reach this will work out of Microsoft’s to Microsoft’s programming language agreement, which has the benefit of taking headquarters for the next five years, at the and thus will be able to make Microsoft effect immediately rather than months or company’s expense, and monitor programs compatible with their own. years from now when all appeals from Microsoft‘s behavior and compliance Competitors also benefit from the provision continuing the litigation would finally be with the settlement. that frees up computer manufacturers to exhausted. Most importantly, this settlement is fair to disable or uninstall any Microsoft application The terms of the settlement offer a fair the computer users and consumers of or element of an operating system and install resolution for all sides of this case – America, on whose behalf the lawsuit was other programs. In addition, Microsoft cannot the DOJ, the states, Microsoft, competitors, allegedly filed. Consumers will be able to retaliate against computer manufactures, consumers and taxpayers. Microsoft will not select a variety of pre-installed software on ISPs, or other software developers for using be broken up and will be able to continue to their computers. It will also be easier to products developed by Microsoft innovate and provide new software and substitute competitors’ products after competitors. Plus, in an unprecedented products. Software developers and Internet purchase as well. The Judgment even covers enforcement clause, a Technical Committee service providers (ISPs), including issues and software that were not part of the will work out of Microsoft’s competitors, will have unprecedented access original lawsuit, such as Windows XP, which headquarters for the next five years, at the to Microsoft’s programming language will have to be modified to comply with the company’s expense, and monitor and thus will be able to make Microsoft settlement. Microsoft‘s behavior and compliance programs compatible with their own. This case was supposedly brought on with the settlement. Competitors also benefit from the provision behalf of American consumers. We have paid Most importantly, this settlement is fair to that frees up computer manufacturers to the price of litigation through our taxes. Our disable or uninstall any Microsoft application the computer users and consumers of investment portfolios have taken a hard hit or element of an operating system and install America, on whose behalf the lawsuit was during this battle, and now more than ever, other programs. In addition, Microsoft cannot allegedly filed. Consumers will be able to the country needs the economic stability this retaliate against computer manufactures, select a variety of pre-installed software on settlement can provide. This settlement is in ISPs, or other software developers for using their computers. It will also be easier to the public interest, and I urge the DOJ to products developed by Microsoft substitute competitors’ products after submit the revised proposed Final Judgment competitors. Plus, in an unprecedented purchase as well. The Judgment even covers to the U.S. District Court without change. enforcement clause, a Technical Committee issues and software that were not part of the Sincerely, will work out of Microsoft’s original lawsuit, such as Windows XP, which James C. Murphy headquarters for the next five years, at the will have to be modified to comply with the company’s expense, and monitor MTC–00032168 settlement. Microsoft‘s behavior and compliance From: Joseph F Yates This case was supposedly brought on with the settlement. To: Ms. Renata Hesse behalf of American consumers. We have paid Most importantly, this settlement is fair to Date: 12/5/01 2:54pm the price of litigation through our taxes. Our the computer users and consumers of Subject: Microsoft Settlement investment portfolios have taken a hard hit America, on whose behalf the lawsuit was Joseph F Yates during this battle, and now more than ever, allegedly filed. Consumers will be able to 4411 Beechland Rd the country needs the economic stability this select a variety of pre-installed software on Springfield, KY 40069 settlement can provide. This settlement is in their computers. It will also be easier to December 5, 2001 the public interest, and I urge the DOJ to substitute competitors’ products after Ms. Renata Hesse submit the revised proposed Final Judgment purchase as well. The Judgment even covers U.S. Department of Justice, Antitrust Division to the U.S. District Court without change. issues and software that were not part of the 601 D Street NW, Suite 1200 Sincerely, original lawsuit, such as Windows XP, which Washington, DC 20530 Joseph F. Yates will have to be modified to comply with the Ms. Hesse: MTC–00032169 settlement. I would like to express my support for the This case was supposedly brought on revised proposed Final Judgment in the U.S. From: David Spaller behalf of American consumers. We have paid v. Microsoft case. This lengthy litigation has To: Ms. Renata Hesse the price of litigation through our taxes. Our cost my fellow taxpayers and me more than Date: 12/5/01 2:55pm investment portfolios have taken a hard hit $35 million, and after reviewing the terms of Subject: Microsoft Settlement during this battle, and now more than ever, this Judgment, final approval is clearly in the David Spaller the country needs the economic stability this public interest. PO Box 864592 settlement can provide. This settlement is in Perhaps of greatest benefit to the American Plano, TX 75086 the public interest, and I urge the DOJ to people, the Department of Justice (DOJ) and December 5, 2001 submit the revised proposed Final Judgment the settling states will avoid additional costs Ms. Renata Hesse to the U.S. District Court without change. and now be able to focus their time and U.S. Department of Justice, Antitrust Division Sincerely, resources on matters of far greater national 601 D Street NW, Suite 1200 David Spaller significance – the war against Washington, DC 20530 terrorism, including homeland security. As Ms. Hesse: MTC–00032170 noted by District Court Judge Colleen Kollar- I would like to express my support for the From: Ella Rast Kotelly, who pushed for a settlement after the revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse attacks of September 11, it is vital for the v. Microsoft case. This lengthy litigation has Date: 12/5/01 2:55pm country to move on from this lawsuit. The cost my fellow taxpayers and me more than Subject: Microsoft Settlement parties worked extremely hard to reach this $35 million, and after reviewing the terms of Ella Rast agreement, which has the benefit of taking this Judgment, final approval is clearly in the 475 East Park Street effect immediately rather than months or public interest. American Falls, ID 83211 years from now when all appeals from Perhaps of greatest benefit to the American December 5, 2001 continuing the litigation would finally be people, the Department of Justice (DOJ) and Ms. Renata Hesse U.S. Department of exhausted. the settling states will avoid additional costs Justice, Antitrust Division The terms of the settlement offer a fair and now be able to focus their time and 601 D Street NW, Suite 1200 Washington, resolution for all sides of this case – resources on matters of far greater national DC 20530 Ms. Hesse:
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I would like to express my support for the MTC–00032171 This case was supposedly brought on revised proposed Final Judgment in the U.S. From: Christopher Perdue behalf of American consumers. We have paid v. Microsoft case. This lengthy litigation has To: Ms. Renata Hesse the price of litigation through our taxes. Our cost my fellow taxpayers and me more than Date: 12/5/01 2:59pm investment portfolios have taken a hard hit $35 million, and after reviewing the terms of Subject: Microsoft Settlement during this battle, and now more than ever, this Judgment, final approval is clearly in the Christopher Perdue the country needs the economic stability this public interest. 1509 Carmel Road settlement can provide. This settlement is in Perhaps of greatest benefit to the American Charlotte, NC 28226–5013 the public interest, and I urge the DOJ to people, the Department of Justice (DOJ) and December 5, 2001 submit the revised proposed Final Judgment the settling states will avoid additional costs Ms. Renata Hesse to the U.S. District Court without change. and now be able to focus their time and U.S. Department of Justice, Antitrust Division Sincerely, resources on matters of far greater national 601 D Street NW, Suite 1200 Christopher Perdue significance ? the war against terrorism, Washington, DC 20530 MTC–00032172 including homeland security. As noted by Ms. Hesse: District Court Judge Colleen Kollar-Kotelly, I would like to express my support for the From: Edward Evanko who pushed for a settlement after the attacks revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse of September 11, it is vital for the country to v. Microsoft case. This lengthy litigation has Date: 12/5/01 3:07pm move on from this lawsuit. The parties cost my fellow taxpayers and me more than Subject: Microsoft Settlement worked extremely hard to reach this $35 million, and after reviewing the terms of Edward Evanko agreement, which has the benefit of taking this Judgment, final approval is clearly in the 1885 Military Ave effect immediately rather than months or public interest. Seaside, CA 93955–3412 December 5, 2001 years from now when all appeals from Perhaps of greatest benefit to the American Ms. Renata Hesse continuing the litigation would finally be people, the Department of Justice (DOJ) and U.S. Department of Justice, Antitrust Division exhausted. the settling states will avoid additional costs and now be able to focus their time and 601 D Street NW, Suite 1200 The terms of the settlement offer a fair resources on matters of far greater national Washington, DC 20530 resolution for all sides of this case ? the DOJ, significance – the war against Ms. Hesse: the states, Microsoft, competitors, consumers terrorism, including homeland security. As I would like to express my support for the and taxpayers. Microsoft will not be broken noted by District Court Judge Colleen Kollar- revised proposed Final Judgment in the U.S. up and will be able to continue to innovate Kotelly, who pushed for a settlement after the v. Microsoft case. This lengthy litigation has and provide new software and products. attacks of September 11, it is vital for the cost my fellow taxpayers and me more than Software developers and Internet service country to move on from this lawsuit. The $35 million, and after reviewing the terms of providers (ISPs), including competitors, will parties worked extremely hard to reach this this Judgment, final approval is clearly in the have unprecedented access to Microsoft’s agreement, which has the benefit of taking public interest. programming language and thus will be able effect immediately rather than months or Perhaps of greatest benefit to the American to make Microsoft programs compatible with years from now when all appeals from people, the Department of Justice (DOJ) and their own. Competitors also benefit from the continuing the litigation would finally be the settling states will avoid additional costs provision that frees up computer exhausted. and now be able to focus their time and manufacturers to disable or uninstall any The terms of the settlement offer a fair resources on matters of far greater national Microsoft application or element of an resolution for all sides of this case – significance – the war against operating system and install other programs. the DOJ, the states, Microsoft, competitors, terrorism, including homeland security. As In addition, Microsoft cannot retaliate against consumers and taxpayers. Microsoft will not noted by District Court Judge Colleen Kollar- computer manufactures, ISPs, or other be broken up and will be able to continue to Kotelly, who pushed for a settlement after the software developers for using products innovate and provide new software and attacks of September 11, it is vital for the developed by Microsoft competitors. Plus, in products. Software developers and Internet country to move on from this lawsuit. The an unprecedented enforcement clause, a service providers (ISPs), including parties worked extremely hard to reach this competitors, will have unprecedented access Technical Committee will work out of agreement, which has the benefit of taking to Microsoft’s programming language Microsoft’s headquarters for the next five effect immediately rather than months or and thus will be able to make Microsoft years, at the company’s expense, and monitor years from now when all appeals from programs compatible with their own. Microsoft’s behavior and compliance with continuing the litigation would finally be Competitors also benefit from the provision the settlement. exhausted. Most importantly, this settlement is fair to that frees up computer manufacturers to disable or uninstall any Microsoft application The terms of the settlement offer a fair the computer users and consumers of resolution for all sides of this case – America, on whose behalf the lawsuit was or element of an operating system and install other programs. In addition, Microsoft cannot the DOJ, the states, Microsoft, competitors, allegedly filed. retaliate against computer manufactures, consumers and taxpayers. Microsoft will not Consumers will be able to select a variety ISPs, or other software developers for using be broken up and will be able to continue to of pre-installed software on their computers. products developed by Microsoft innovate and provide new software and It will also be easier to substitute competitors. Plus, in an unprecedented products. Software developers and Internet competitors? products after purchase as well. enforcement clause, a Technical Committee service providers (ISPs), including The Judgment even covers issues and will work out of Microsoft’s competitors, will have unprecedented access software that were not part of the original headquarters for the next five years, at the to Microsoft’s programming language lawsuit, such as Windows XP, which will company’s expense, and monitor and thus will be able to make Microsoft have to be modified to comply with the Microsoft‘s behavior and compliance programs compatible with their own. settlement. with the settlement. Competitors also benefit from the provision This case was supposedly brought on Most importantly, this settlement is fair to that frees up computer manufacturers to behalf of American consumers. We have paid the computer users and consumers of disable or uninstall any Microsoft application the price of litigation through our taxes. Our America, on whose behalf the lawsuit was or element of an operating system and install investment portfolios have taken a hard hit allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot during this battle, and now more than ever, select a variety of pre-installed software on retaliate against computer manufactures, the country needs the economic stability this their computers. It will also be easier to ISPs, or other software developers for using settlement can provide. This settlement is in substitute competitors’ products after products developed by Microsoft the public interest, and I urge the DOJ to purchase as well. The Judgment even covers competitors. Plus, in an unprecedented submit the revised proposed Final Judgment issues and software that were not part of the enforcement clause, a Technical Committee to the U.S. District Court without change. original lawsuit, such as Windows XP, which will work out of Microsoft’s Sincerely, will have to be modified to comply with the headquarters for the next five years, at the Ella Rast settlement. company’s expense, and monitor
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Microsoft‘s behavior and compliance Competitors also benefit from the provision The terms of the settlement offer a fair with the settlement. that frees up computer manufacturers to resolution for all sides of this case ? the DOJ, Most importantly, this settlement is fair to disable or uninstall any Microsoft application the states, Microsoft, competitors, consumers the computer users and consumers of or element of an operating system and install and taxpayers. Microsoft will not be broken America, on whose behalf the lawsuit was other programs. In addition, Microsoft cannot up and will be able to continue to innovate allegedly filed. Consumers will be able to retaliate against computer manufactures, and provide new software and products. select a variety of pre-installed software on ISPs, or other software developers for using Software developers and Internet service their computers. It will also be easier to products developed by Microsoft providers (ISPs), including competitors, will substitute competitors’ products after competitors. Plus, in an unprecedented have unprecedented access to Microsoft’s purchase as well. The Judgment even covers enforcement clause, a Technical Committee programming language and thus will be able issues and software that were not part of the will work out of Microsoft’s to make Microsoft programs compatible with original lawsuit, such as Windows XP, which headquarters for the next five years, at the their own. Competitors also benefit from the will have to be modified to comply with the company’s expense, and monitor provision that frees up computer settlement. Microsoft‘s behavior and compliance manufacturers to disable or uninstall any This case was supposedly brought on with the settlement. Microsoft application or element of an behalf of American consumers. We have paid Most importantly, this settlement is fair to operating system and install other programs. the price of litigation through our taxes. Our the computer users and consumers of In addition, Microsoft cannot retaliate against investment portfolios have taken a hard hit America, on whose behalf the lawsuit was computer manufactures, ISPs, or other during this battle, and now more than ever, allegedly filed. Consumers will be able to software developers for using products the country needs the economic stability this select a variety of pre-installed software on developed by Microsoft competitors. Plus, in settlement can provide. This settlement is in their computers. It will also be easier to an unprecedented enforcement clause, a the public interest, and I urge the DOJ to substitute competitors’ products after Technical Committee will work out of submit the revised proposed Final Judgment purchase as well. The Judgment even covers Microsoft’s headquarters for the next five to the U.S. District Court without change. issues and software that were not part of the years, at the company’s expense, and monitor Sincerely, original lawsuit, such as Windows XP, which Microsoft’s behavior and compliance with Edward Evanko will have to be modified to comply with the the settlement. settlement. Most importantly, this settlement is fair to MTC–00032173 This case was supposedly brought on the computer users and consumers of From: Jeanne Brantingham behalf of American consumers. We have paid America, on whose behalf the lawsuit was To: Ms. Renata Hesse the price of litigation through our taxes. Our allegedly filed. Date: 12/5/01 3:08pm investment portfolios have taken a hard hit Consumers will be able to select a variety Subject: Microsoft Settlement during this battle, and now more than ever, of pre-installed software on their computers. Jeanne Brantingham the country needs the economic stability this It will also be easier to substitute 11245 West Rd, #916 settlement can provide. This settlement is in competitors? products after purchase as well. Houston, TX 77065–4873 the public interest, and I urge the DOJ to December 5, 2001 submit the revised proposed Final Judgment The Judgment even covers issues and Ms. Renata Hesse to the U.S. District Court without change. software that were not part of the original U.S. Department of Justice, Antitrust Division Sincerely, lawsuit, such as Windows XP, which will 601 D Street NW, Suite 1200 Jeanne Brantingham have to be modified to comply with the Washington, DC 20530 settlement. Ms. Hesse: MTC–00032174 This case was supposedly brought on I would like to express my support for the From: Kenneth Golden behalf of American consumers. We have paid revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse the price of litigation through our taxes. Our v. Microsoft case. This lengthy litigation has Date: 12/5/01 3:14pm investment portfolios have taken a hard hit cost my fellow taxpayers and me more than Subject: Microsoft Settlement during this battle, and now more than ever, $35 million, and after reviewing the terms of Kenneth Golden the country needs the economic stability this this Judgment, final approval is clearly in the 1612 Harvard Woods Dr.2810 settlement can provide. This settlement is in public interest. Brandon , Fl 33511–2095 the public interest, and I urge the DOJ to Perhaps of greatest benefit to the American December 5, 2001 submit the revised proposed Final Judgment people, the Department of Justice (DOJ) and Ms. Renata Hesse to the U.S. District Court without change. the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division Sincerely, and now be able to focus their time and 601 D Street NW, Suite 1200 Kenneth Golden resources on matters of far greater national Washington, DC 20530 MTC–00032175 significance – the war against Ms. Hesse: terrorism, including homeland security. As I would like to express my support for the From: Kendrick Matthews noted by District Court Judge Colleen Kollar- revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse Kotelly, who pushed for a settlement after the v. Microsoft case. This lengthy litigation has Date: 12/5/01 3:25pm attacks of September 11, it is vital for the cost my fellow taxpayers and me more than Subject: Microsoft Settlement country to move on from this lawsuit. The $35 million, and after reviewing the terms of Kendrick Matthews parties worked extremely hard to reach this this Judgment, final approval is clearly in the 11334 Earlywood Drive agreement, which has the benefit of taking public interest. Perhaps of greatest benefit to Dallas, TX 75218 effect immediately rather than months or the American people, the Department of December 5, 2001 years from now when all appeals from Justice (DOJ) and the settling states will avoid Ms. Renata Hesse continuing the litigation would finally be additional costs and now be able to focus U.S. Department of Justice, Antitrust Division exhausted. their time and resources on matters of far 601 D Street NW, Suite 1200 The terms of the settlement offer a fair greater national significance ? the war against Washington, DC 20530 resolution for all sides of this case – terrorism, including homeland security. As Ms. Hesse: the DOJ, the states, Microsoft, competitors, noted by District Court Judge Colleen Kollar- I would like to express my support for the consumers and taxpayers. Microsoft will not Kotelly, who pushed for a settlement after the revised proposed Final Judgment in the U.S. be broken up and will be able to continue to attacks of September 11, it is vital for the v. Microsoft case. This lengthy litigation has innovate and provide new software and country to move on from this lawsuit. The cost my fellow taxpayers and me more than products. Software developers and Internet parties worked extremely hard to reach this $35 million, and after reviewing the terms of service providers (ISPs), including agreement, which has the benefit of taking this Judgment, final approval is clearly in the competitors, will have unprecedented access effect immediately rather than months or public interest. to Microsoft’s programming language years from now when all appeals from Perhaps of greatest benefit to the American and thus will be able to make Microsoft continuing the litigation would finally be people, the Department of Justice (DOJ) and programs compatible with their own. exhausted. the settling states will avoid additional costs
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and now be able to focus their time and U.S. Department of Justice, Antitrust Division Sincerely, resources on matters of far greater national 601 D Street NW, Suite 1200 Mrs. Linda Hughes significance – the war against Washington, DC 20530 terrorism, including homeland security. As Ms. Hesse: MTC–00032177 noted by District Court Judge Colleen Kollar- I would like to express my support for the From: Herbert Stevenson Kotelly, who pushed for a settlement after the revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse attacks of September 11, it is vital for the v. Microsoft case. This lengthy litigation has Date: 12/5/01 3:36pm country to move on from this lawsuit. The cost my fellow taxpayers and me more than Subject: Microsoft Settlement parties worked extremely hard to reach this $35 million, and after reviewing the terms of Herbert Stevenson agreement, which has the benefit of taking this Judgment, final approval is clearly in the 602. Fifth Street effect immediately rather than months or public interest. Kirkland, WA 98033 years from now when all appeals from Perhaps of greatest benefit to the American December 5, 2001 continuing the litigation would finally be people, the Department of Justice (DOJ) and Ms. Renata Hesse exhausted. the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division The terms of the settlement offer a fair and now be able to focus their time and 601 D Street NW, Suite 1200 resolution for all sides of this case – resources on matters of far greater national Washington, DC 20530 the DOJ, the states, Microsoft, competitors, significance ? the war against terrorism, Ms. Hesse: consumers and taxpayers. Microsoft will not including homeland security. As noted by I would like to express my support for the be broken up and will be able to continue to District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. innovate and provide new software and who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has products. Software developers and Internet of September 11, it is vital for the country to cost my fellow taxpayers and me more than service providers (ISPs), including move on from this lawsuit. The parties $35 million, and after reviewing the terms of competitors, will have unprecedented access worked extremely hard to reach this this Judgment, final approval is clearly in the to Microsoft’s programming language agreement, which has the benefit of taking public interest. and thus will be able to make Microsoft effect immediately rather than months or Perhaps of greatest benefit to the American programs compatible with their own. years from now when all appeals from people, the Department of Justice (DOJ) and Competitors also benefit from the provision continuing the litigation would finally be the settling states will avoid additional costs that frees up computer manufacturers to exhausted. and now be able to focus their time and disable or uninstall any Microsoft application The terms of the settlement offer a fair resources on matters of far greater national or element of an operating system and install resolution for all sides of this case ? the DOJ, significance & #8211; the war against other programs. In addition, Microsoft cannot the states, Microsoft, competitors, consumers terrorism, including homeland security. As retaliate against computer manufactures, and taxpayers. Microsoft will not be broken noted by District Court Judge Colleen Kollar- ISPs, or other software developers for using up and will be able to continue to innovate Kotelly, who pushed for a settlement after the products developed by Microsoft and provide new software and products. attacks of September 11, it is vital for the competitors. Plus, in an unprecedented Software developers and Internet service country to move on from this lawsuit. The enforcement clause, a Technical Committee providers (ISPs), including competitors, will parties worked extremely hard to reach this will work out of Microsoft’s have unprecedented access to Microsoft’s agreement, which has the benefit of taking headquarters for the next five years, at the programming language and thus will be able effect immediately rather than months or company’s expense, and monitor to make Microsoft programs compatible with years from now when all appeals from Microsoft‘s behavior and compliance their own. Competitors also benefit from the continuing the litigation would finally be with the settlement. provision that frees up computer exhausted. The terms of the settlement offer Most importantly, this settlement is fair to manufacturers to disable or uninstall any a fair resolution for all sides of this case & the computer users and consumers of Microsoft application or element of an #8211; the DOJ, the states, Microsoft, America, on whose behalf the lawsuit was operating system and install other programs. competitors, consumers and taxpayers. allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against Microsoft will not be broken up and will be select a variety of pre-installed software on computer manufactures, ISPs, or other able to continue to innovate and provide new their computers. It will also be easier to software developers for using products software and products. Software developers substitute competitors’ products after developed by Microsoft competitors. Plus, in and Internet service providers (ISPs), purchase as well. The Judgment even covers an unprecedented enforcement clause, a including competitors, will have issues and software that were not part of the Technical Committee will work out of unprecedented access to Microsoft & #8217;s original lawsuit, such as Windows XP, which Microsoft’s headquarters for the next five programming language and thus will be able will have to be modified to comply with the years, at the company’s expense, and monitor to make Microsoft programs compatible with settlement. Microsoft’s behavior and compliance with their own. This case was supposedly brought on the settlement. Competitors also benefit from the provision behalf of American consumers. We have paid Most importantly, this settlement is fair to that frees up computer manufacturers to the price of litigation through our taxes. Our the computer users and consumers of disable or uninstall any Microsoft application investment portfolios have taken a hard hit America, on whose behalf the lawsuit was or element of an operating system and install during this battle, and now more than ever, allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot the country needs the economic stability this select a variety of pre-installed software on retaliate against computer manufactures, settlement can provide. This settlement is in their computers. It will also be easier to ISPs, or other software developers for using the public interest, and I urge the DOJ to substitute competitors? products after products developed by Microsoft submit the revised proposed Final Judgment purchase as well. The Judgment even covers competitors. Plus, in an unprecedented to the U.S. District Court without change. issues and software that were not part of the enforcement clause, a Technical Committee Sincerely, original lawsuit, such as Windows XP, which will work out of Microsoft & #8217;s Kendrick Matthews will have to be modified to comply with the headquarters for the next five years, at the settlement. company & #8217;s expense, and monitor MTC–00032176 This case was supposedly brought on Microsoft & #8216;s behavior and compliance From: Linda Hughes behalf of American consumers. We have paid with the settlement. To: Ms. Renata Hesse the price of litigation through our taxes. Our Most importantly, this settlement is fair to Date: 12/5/01 3:31pm investment portfolios have taken a hard hit the computer users and consumers of Subject: Microsoft Settlement during this battle, and now more than ever, America, on whose behalf the lawsuit was Linda Hughes the country needs the economic stability this allegedly filed. Consumers will be able to 10 MacLaren Ct settlement can provide. This settlement is in select a variety of pre-installed software on Waldwick, NJ 07463–2413 the public interest, and I urge the DOJ to their computers. It will also be easier to December 5, 2001 submit the revised proposed Final Judgment substitute competitors &# 8217; products Ms. Renata Hesse to the U.S. District Court without change. after purchase as well. The Judgment even
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covers issues and software that were not part the next five years, at the company’s expense, their own. Competitors also benefit from the of the original lawsuit, such as Windows XP, and monitor Microsoft’s behavior and provision that frees up computer which will have to be modified to comply compliance with the settlement.Most manufacturers to disable or uninstall any with the settlement. importantly, this settlement is fair to the Microsoft application or element of an This case was supposedly brought on computer users and consumers of America, operating system and install other programs. behalf of American consumers. We have paid on whose behalf the lawsuit was allegedly In addition, Microsoft cannot retaliate against the price of litigation through our taxes. Our filed. Consumers will be able to select a computer manufactures, ISPs, or other investment portfolios have taken a hard hit variety of pre-installed software on their software developers for using products during this battle, and now more than ever, computers. It will also be easier to substitute developed by Microsoft competitors. Plus, in the country needs the economic stability this competitors’ products after purchase as well. an unprecedented enforcement clause, a settlement can provide. This settlement is in The Judgment even covers issues and Technical Committee will work out of the public interest, and I urge the DOJ to software that were not part of the original Microsoft’s headquarters for the next five submit the revised proposed Final Judgment lawsuit, such as Windows XP, which will years, at the company’s expense, and monitor to the U.S. District Court without change. have to be modified to comply with the Microsoft’s behavior and compliance with Sincerely, settlement.This case was supposedly brought the settlement. Herbert L. Stevenson on behalf of American consumers. We have Most importantly, this settlement is fair to paid the price of litigation through our taxes. the computer users and consumers of MTC–00032178 Our investment portfolios have taken a hard America, on whose behalf the lawsuit was From: David Eilbaum hit during this battle, and now more than allegedly filed. Consumers will be able to To: Ms. Renata Hesse ever, the country needs the economic select a variety of pre-installed software on Date: 12/5/01 3:58pm stability this settlement can provide. This their computers. It will also be easier to Subject: Microsoft Settlement settlement is in the public interest, and I urge substitute competitors’ products after David Eilbaum the DOJ to submit the revised proposed Final purchase as well. The Judgment even covers 7166 Lester Judgment to the U.S. District Court without issues and software that were not part of the Lexington, Mi 48450 change. original lawsuit, such as Windows XP, which December 5, 2001 Sincerely, will have to be modified to comply with the Ms. Renata Hesse David Eilbaum settlement. U.S. Department of Justice, Antitrust Division This case was supposedly brought on 601 D Street NW, Suite 1200 MTC–00032179 behalf of American consumers. We have paid Washington, DC 20530 From: Mike Kisch the price of litigation through our taxes. Our Ms. Hesse: To: Ms. Renata Hesse investment portfolios have taken a hard hit I would like to express my support for the Date: 12/5/01 3:58pm during this battle, and now more than ever, revised proposed Final Judgment in the U.S. Subject: Microsoft Settlement the country needs the economic stability this v. Microsoft case. This lengthy litigation has Mike Kisch settlement can provide. This settlement is in cost my fellow taxpayers and me more than Rt 1 Box 90B the public interest, and I urge the DOJ to $35 million, and after reviewing the terms of Moberly, MO 65270 submit the revised proposed Final Judgment this Judgment, final approval is clearly in the December 5, 2001 to the U.S. District Court without change. public interest. Perhaps of greatest benefit to Ms. Renata Hesse Sincerely, the American people, the Department of U.S. Department of Justice, Antitrust Division Mike Kisch Justice (DOJ) and the settling states will avoid 601 D Street NW, Suite 1200 additional costs and now be able to focus Washington, DC 20530 MTC–00032180 their time and resources on matters of far Ms. Hesse: From: janice MURPHY greater national significance the war against I would like to express my support for the To: Ms. Renata Hesse terrorism, including homeland security. As revised proposed Final Judgment in the U.S. Date: 12/5/01 4:00pm noted by District Court Judge Colleen Kollar- v. Microsoft case. This lengthy litigation has Subject: Microsoft Settlement Kotelly, who pushed for a settlement after the cost my fellow taxpayers and me more than janice MURPHY attacks of September 11, it is vital for the $35 million, and after reviewing the terms of 1015 N Lincoln Hill Lane country to move on from this lawsuit. The this Judgment, final approval is clearly in the martinsville, IN 46151 parties worked extremely hard to reach this public interest. Perhaps of greatest benefit to December 5, 2001 agreement, which has the benefit of taking the American people, the Department of Ms. Renata Hesse effect immediately rather than months or Justice (DOJ) and the settling states will avoid U.S. Department of Justice, Antitrust Division years from now when all appeals from additional costs and now be able to focus 601 D Street NW, Suite 1200 continuing the litigation would finally be their time and resources on matters of far Washington, DC 20530 exhausted. The terms of the settlement offer greater national significance the war against Ms. Hesse: a fair resolution for all sides of this case the terrorism, including homeland security. As I would like to express my support for the DOJ, the states, Microsoft, competitors, noted by District Court Judge Colleen Kollar- revised proposed Final Judgment in the U.S. consumers and taxpayers. Microsoft will not Kotelly, who pushed for a settlement after the v. Microsoft case. This lengthy litigation has be broken up and will be able to continue to attacks of September 11, it is vital for the cost my fellow taxpayers and me more than innovate and provide new software and country to move on from this lawsuit. The $35 million, and after reviewing the terms of products. Software developers and Internet parties worked extremely hard to reach this this Judgment, final approval is clearly in the service providers (ISPs), including agreement, which has the benefit of taking public interest. competitors, will have unprecedented access effect immediately rather than months or Perhaps of greatest benefit to the American to Microsoft’s programming language and years from now when all appeals from people, the Department of Justice (DOJ) and thus will be able to make Microsoft programs continuing the litigation would finally be the settling states will avoid additional costs compatible with their own. Competitors also exhausted. and now be able to focus their time and benefit from the provision that frees up The terms of the settlement offer a fair resources on matters of far greater national computer manufacturers to disable or resolution for all sides of this case the DOJ, significance the war against terrorism, uninstall any Microsoft application or the states, Microsoft, competitors, consumers including homeland security. As noted by element of an operating system and install and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, other programs. In addition, Microsoft cannot up and will be able to continue to innovate who pushed for a settlement after the attacks retaliate against computer manufactures, and provide new software and products. of September 11, it is vital for the country to ISPs, or other software developers for using Software developers and Internet service move on from this lawsuit. The parties products developed by Microsoft providers (ISPs), including competitors, will worked extremely hard to reach this competitors. Plus, in an unprecedented have unprecedented access to Microsoft’s agreement, which has the benefit of taking enforcement clause, a Technical Committee programming language and thus will be able effect immediately rather than months or will work out of Microsoft’s headquarters for to make Microsoft programs compatible with years from now when all appeals from
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continuing the litigation would finally be the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division exhausted. and now be able to focus their time and 601 D Street NW, Suite 1200 The terms of the settlement offer a fair resources on matters of far greater national Washington, DC 20530 resolution for all sides of this case the DOJ, significance the war against terrorism, Ms. Hesse: the states, Microsoft, competitors, consumers including homeland security. As noted by I would like to express my support for the and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. up and will be able to continue to innovate who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has and provide new software and products. of September 11, it is vital for the country to cost my fellow taxpayers and me more than Software developers and Internet service move on from this lawsuit. The parties $35 million, and after reviewing the terms of providers (ISPs), including competitors, will worked extremely hard to reach this this Judgment, final approval is clearly in the have unprecedented access to Microsoft’s agreement, which has the benefit of taking public interest. Perhaps of greatest benefit to programming language and thus will be able effect immediately rather than months or the American people, the Department of to make Microsoft programs compatible with years from now when all appeals from Justice (DOJ) and the settling states will avoid their own. Competitors also benefit from the continuing the litigation would finally be additional costs and now be able to focus provision that frees up computer exhausted. their time and resources on matters of far manufacturers to disable or uninstall any The terms of the settlement offer a fair greater national significance ? the war against Microsoft application or element of an resolution for all sides of this case the DOJ, terrorism, including homeland security. As operating system and install other programs. the states, Microsoft, competitors, consumers noted by District Court Judge Colleen Kollar- In addition, Microsoft cannot retaliate against and taxpayers. Microsoft will not be broken Kotelly, who pushed for a settlement after the computer manufactures, ISPs, or other up and will be able to continue to innovate attacks of September 11, it is vital for the software developers for using products and provide new software and products. country to move on from this lawsuit. The developed by Microsoft competitors. Plus, in Software developers and Internet service parties worked extremely hard to reach this an unprecedented enforcement clause, a providers (ISPs), including competitors, will agreement, which has the benefit of taking Technical Committee will work out of have unprecedented access to Microsoft’s effect immediately rather than months or Microsoft’s headquarters for the next five programming language and thus will be able years from now when all appeals from years, at the company’s expense, and monitor to make Microsoft programs compatible with continuing the litigation would finally be Microsoft’s behavior and compliance with their own. Competitors also benefit from the exhausted. The terms of the settlement offer the settlement. provision that frees up computer a fair resolution for all sides of this case ? the Most importantly, this settlement is fair to manufacturers to disable or uninstall any DOJ, the states, Microsoft, competitors, the computer users and consumers of Microsoft application or element of an consumers and taxpayers. Microsoft will not America, on whose behalf the lawsuit was operating system and install other programs. be broken up and will be able to continue to allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against innovate and provide new software and select a variety of pre-installed software on computer manufactures, ISPs, or other products. Software developers and Internet their computers. It will also be easier to software developers for using products service providers (ISPs), including substitute competitors’ products after developed by Microsoft competitors. Plus, in competitors, will have unprecedented access purchase as well. The Judgment even covers an unprecedented enforcement clause, a to Microsoft’s programming language and issues and software that were not part of the Technical Committee will work out of thus will be able to make Microsoft programs original lawsuit, such as Windows XP, which Microsoft’s headquarters for the next five compatible with their own. Competitors also will have to be modified to comply with the years, at the company’s expense, and monitor benefit from the provision that frees up settlement. Microsoft’s behavior and compliance with computer manufacturers to disable or This case was supposedly brought on the settlement. uninstall any Microsoft application or behalf of American consumers. We have paid Most importantly, this settlement is fair to element of an operating system and install the price of litigation through our taxes. Our the computer users and consumers of other programs. In addition, Microsoft cannot investment portfolios have taken a hard hit America, on whose behalf the lawsuit was retaliate against computer manufactures, during this battle, and now more than ever, allegedly filed. Consumers will be able to ISPs, or other software developers for using the country needs the economic stability this select a variety of pre-installed software on products developed by Microsoft settlement can provide. This settlement is in their computers. It will also be easier to competitors. Plus, in an unprecedented the public interest, and I urge the DOJ to substitute competitors’ products after enforcement clause, a Technical Committee submit the revised proposed Final Judgment purchase as well. The Judgment even covers will work out of Microsoft’s headquarters for to the U.S. District Court without change. issues and software that were not part of the the next five years, at the company’s expense, Sincerely, original lawsuit, such as Windows XP, which and monitor Microsoft’s behavior and janice murphy will have to be modified to comply with the compliance with the settlement.Most settlement. This case was supposedly importantly, this settlement is fair to the MTC–00032181 brought on behalf of American consumers. computer users and consumers of America, From: Carol Iossa We have paid the price of litigation through on whose behalf the lawsuit was allegedly To: Ms. Renata Hesse our taxes. Our investment portfolios have filed. Consumers will be able to select a Date: 12/5/01 4:05pm taken a hard hit during this battle, and now variety of pre-installed software on their Subject: Microsoft Settlement more than ever, the country needs the computers. It will also be easier to substitute Carol Iossa economic stability this settlement can competitors? products after purchase as well. R.R. 1 Box 3130 provide. This settlement is in the public The Judgment even covers issues and Jonesport, ME 04649–9709 interest, and I urge the DOJ to submit the software that were not part of the original December 5, 2001 revised proposed Final Judgment to the U.S. lawsuit, such as Windows XP, which will Ms. Renata Hesse District Court without change. have to be modified to comply with the U.S. Department of Justice, Antitrust Division Sincerely, settlement.This case was supposedly brought 601 D Street NW, Suite 1200 Carol H. Iossa on behalf of American consumers. We have Washington, DC 20530 paid the price of litigation through our taxes. Ms. Hesse: MTC–00032182 Our investment portfolios have taken a hard I would like to express my support for the From: C. O. ‘‘Cap’’ Sterling hit during this battle, and now more than revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse ever, the country needs the economic v. Microsoft case. This lengthy litigation has Date: 12/5/01 4:06pm stability this settlement can provide. This cost my fellow taxpayers and me more than Subject: Microsoft Settlement settlement is in the public interest, and I urge $35 million, and after reviewing the terms of C. O. ‘‘Cap’’ Sterling the DOJ to submit the revised proposed Final this Judgment, final approval is clearly in the 4789 Scottsville Rd., Judgment to the U.S. District Court without public interest. Floyds Knobs, In 47119 change. Perhaps of greatest benefit to the American December 5, 2001 Sincerely, people, the Department of Justice (DOJ) and Ms. Renata Hesse C.O. ‘‘Cap’’ Sterling
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MTC–00032183 This case was supposedly brought on Microsoft‘s behavior and compliance From: Barbara Robken behalf of American consumers. We have paid with the settlement. To: Ms. Renata Hesse the price of litigation through our taxes. Our Most importantly, this settlement is fair to Date: 12/5/01 4:10pm investment portfolios have taken a hard hit the computer users and consumers of Subject: Microsoft Settlement during this battle, and now more than ever, America, on whose behalf the lawsuit was Barbara Robken the country needs the economic stability this allegedly filed. Consumers will be able to 2800 Andover Ave settlement can provide. This settlement is in select a variety of pre-installed software on Midland, TX 79705–3201 the public interest, and I urge the DOJ to their computers. It will also be easier to December 5, 2001 submit the revised proposed Final Judgment substitute competitors’ products after Ms. Renata Hesse to the U.S. District Court without change. purchase as well. The Judgment even covers U.S. Department of Justice, Antitrust Division Sincerely, issues and software that were not part of the 601 D Street NW, Suite 1200 Barbara Robken original lawsuit, such as Windows XP, which will have to be modified to comply with the Washington, DC 20530 MTC–00032184 Ms. Hesse: settlement. I would like to express my support for the From: Willis Brown This case was supposedly brought on revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse behalf of American consumers. We have paid v. Microsoft case. This lengthy litigation has Date: 12/5/01 4:25pm the price of litigation through our taxes. Our cost my fellow taxpayers and me more than Subject: Microsoft Settlement investment portfolios have taken a hard hit $35 million, and after reviewing the terms of Willis Brown during this battle, and now more than ever, this Judgment, final approval is clearly in the 3014 Julian Drive the country needs the economic stability this public interest. New Albany, IN 47150–9519 settlement can provide. This settlement is in Perhaps of greatest benefit to the American December 5, 2001 the public interest, and I urge the DOJ to people, the Department of Justice (DOJ) and Ms. Renata Hesse submit the revised proposed Final Judgment the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division to the U.S. District Court without change. and now be able to focus their time and 601 D Street NW, Suite 1200 Sincerely, resources on matters of far greater national Washington, DC 20530 Willis Brown significance – the war against Ms. Hesse: MTC–00032185 terrorism, including homeland security. As I would like to express my support for the From: Leonard and Agnes Tillerson noted by District Court Judge Colleen Kollar- revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse Kotelly, who pushed for a settlement after the v. Microsoft case. This lengthy litigation has Date: 12/5/01 4:26pm attacks of September 11, it is vital for the cost my fellow taxpayers and me more than Subject: Microsoft Settlement country to move on from this lawsuit. The $35 million, and after reviewing the terms of Leonard and Agnes Tillerson parties worked extremely hard to reach this this Judgment, final approval is clearly in the 244 Osprey Circle agreement, which has the benefit of taking public interest. St. Marys, Ga 31558–4101 effect immediately rather than months or Perhaps of greatest benefit to the American December 5, 2001 years from now when all appeals from people, the Department of Justice (DOJ) and continuing the litigation would finally be Ms. Renata Hesse the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division exhausted. and now be able to focus their time and The terms of the settlement offer a fair 601 D Street NW, Suite 1200 resources on matters of far greater national Washington, DC 20530 resolution for all sides of this case – significance – the war against the DOJ, the states, Microsoft, competitors, Ms. Hesse: terrorism, including homeland security. As I would like to express my support for the consumers and taxpayers. Microsoft will not noted by District Court Judge Colleen Kollar- be broken up and will be able to continue to revised proposed Final Judgment in the U.S. Kotelly, who pushed for a settlement after the v. Microsoft case. This lengthy litigation has innovate and provide new software and attacks of September 11, it is vital for the products. Software developers and Internet cost my fellow taxpayers and me more than country to move on from this lawsuit. The $35 million, and after reviewing the terms of service providers (ISPs), including parties worked extremely hard to reach this competitors, will have unprecedented access this Judgment, final approval is clearly in the agreement, which has the benefit of taking to Microsoft’s programming language public interest. effect immediately rather than months or and thus will be able to make Microsoft Perhaps of greatest benefit to the American years from now when all appeals from programs compatible with their own. people, the Department of Justice (DOJ) and continuing the litigation would finally be Competitors also benefit from the provision the settling states will avoid additional costs that frees up computer manufacturers to exhausted. and now be able to focus their time and disable or uninstall any Microsoft application The terms of the settlement offer a fair resources on matters of far greater national or element of an operating system and install resolution for all sides of this case – significance – the war against other programs. In addition, Microsoft cannot the DOJ, the states, Microsoft, competitors, terrorism, including homeland security. As retaliate against computer manufactures, consumers and taxpayers. Microsoft will not noted by District Court Judge Colleen Kollar- ISPs, or other software developers for using be broken up and will be able to continue to Kotelly, who pushed for a settlement after the products developed by Microsoft innovate and provide new software and attacks of September 11, it is vital for the competitors. Plus, in an unprecedented products. Software developers and Internet country to move on from this lawsuit. The enforcement clause, a Technical Committee service providers (ISPs), including parties worked extremely hard to reach this will work out of Microsoft’s competitors, will have unprecedented access agreement, which has the benefit of taking headquarters for the next five years, at the to Microsoft’s programming language effect immediately rather than months or company’s expense, and monitor and thus will be able to make Microsoft years from now when all appeals from Microsoft‘s behavior and compliance programs compatible with their own. continuing the litigation would finally be with the settlement. Competitors also benefit from the provision exhausted. Most importantly, this settlement is fair to that frees up computer manufacturers to The terms of the settlement offer a fair the computer users and consumers of disable or uninstall any Microsoft application resolution for all sides of this case – America, on whose behalf the lawsuit was or element of an operating system and install the DOJ, the states, Microsoft, competitors, allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot consumers and taxpayers. Microsoft will not select a variety of pre-installed software on retaliate against computer manufactures, be broken up and will be able to continue to their computers. It will also be easier to ISPs, or other software developers for using innovate and provide new software and substitute competitors’ products after products developed by Microsoft products. Software developers and Internet purchase as well. The Judgment even covers competitors. Plus, in an unprecedented service providers (ISPs), including issues and software that were not part of the enforcement clause, a Technical Committee competitors, will have unprecedented access original lawsuit, such as Windows XP, which will work out of Microsoft’s to Microsoft’s programming language will have to be modified to comply with the headquarters for the next five years, at the and thus will be able to make Microsoft settlement. company’s expense, and monitor programs compatible with their own.
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Competitors also benefit from the provision continuing the litigation would finally be the settling states will avoid additional costs that frees up computer manufacturers to exhausted. and now be able to focus their time and disable or uninstall any Microsoft application The terms of the settlement offer a fair resources on matters of far greater national or element of an operating system and install resolution for all sides of this case ? the DOJ, significance ? the war against terrorism, other programs. In addition, Microsoft cannot the states, Microsoft, competitors, consumers including homeland security. As noted by retaliate against computer manufactures, and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, ISPs, or other software developers for using up and will be able to continue to innovate who pushed for a settlement after the attacks products developed by Microsoft and provide new software and products. of September 11, it is vital for the country to competitors. Plus, in an unprecedented Software developers and Internet service move on from this lawsuit. The parties enforcement clause, a Technical Committee providers (ISPs), including competitors, will worked extremely hard to reach this will work out of Microsoft’s have unprecedented access to Microsoft’s agreement, which has the benefit of taking headquarters for the next five years, at the programming language and thus will be able effect immediately rather than months or company’s expense, and monitor to make Microsoft programs compatible with years from now when all appeals from Microsoft‘s behavior and compliance their own. Competitors also benefit from the continuing the litigation would finally be with the settlement. provision that frees up computer exhausted. Most importantly, this settlement is fair to manufacturers to disable or uninstall any The terms of the settlement offer a fair the computer users and consumers of Microsoft application or element of an resolution for all sides of this case ? the DOJ, America, on whose behalf the lawsuit was operating system and install other programs. the states, Microsoft, competitors, consumers allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against and taxpayers. Microsoft will not be broken select a variety of pre-installed software on computer manufactures, ISPs, or other up and will be able to continue to innovate their computers. It will also be easier to software developers for using products and provide new software and products. substitute competitors’ products after developed by Microsoft competitors. Plus, in Software developers and Internet service purchase as well. The Judgment even covers an unprecedented enforcement clause, a providers (ISPs), including competitors, will issues and software that were not part of the Technical Committee will work out of have unprecedented access to Microsoft’s original lawsuit, such as Windows XP, which Microsoft’s headquarters for the next five programming language and thus will be able will have to be modified to comply with the years, at the company’s expense, and monitor to make Microsoft programs compatible with settlement. Microsoft’s behavior and compliance with their own. Competitors also benefit from the This case was supposedly brought on the settlement. provision that frees up computer behalf of American consumers. We have paid Most importantly, this settlement is fair to manufacturers to disable or uninstall any the price of litigation through our taxes. Our the computer users and consumers of Microsoft application or element of an investment portfolios have taken a hard hit America, on whose behalf the lawsuit was operating system and install other programs. during this battle, and now more than ever, allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against the country needs the economic stability this select a variety of pre-installed software on computer manufactures, ISPs, or other settlement can provide. This settlement is in their computers. It will also be easier to software developers for using products the public interest, and I urge the DOJ to substitute competitors? products after developed by Microsoft competitors. Plus, in submit the revised proposed Final Judgment purchase as well. The Judgment even covers an unprecedented enforcement clause, a to the U.S. District Court without change. issues and software that were not part of the Technical Committee will work out of Sincerely, original lawsuit, such as Windows XP, which Microsoft’s headquarters for the next five Agnes and Leonard Tillerson will have to be modified to comply with the years, at the company’s expense, and monitor settlement. Microsoft’s behavior and compliance with MTC–00032186 This case was supposedly brought on the settlement. From: roy hinton behalf of American consumers. We have paid Most importantly, this settlement is fair to To: Ms. Renata Hesse the price of litigation through our taxes. Our the computer users and consumers of Date: 12/5/01 4:34pm investment portfolios have taken a hard hit America, on whose behalf the lawsuit was Subject: Microsoft Settlement during this battle, and now more than ever, allegedly filed. Consumers will be able to roy hinton the country needs the economic stability this select a variety of pre-installed software on pob 92 settlement can provide. This settlement is in their computers. It will also be easier to hayes, va 23072 the public interest, and I urge the DOJ to substitute competitors? products after December 5, 2001 submit the revised proposed Final Judgment purchase as well. The Judgment even covers Ms. Renata Hesse to the U.S. District Court without change. issues and software that were not part of the U.S. Department of Justice, Antitrust Division Sincerely, original lawsuit, such as Windows XP, which 601 D Street NW, Suite 1200 Roy Hinton will have to be modified to comply with the Washington, DC 20530 settlement. Ms. Hesse: MTC–00032187 This case was supposedly brought on I would like to express my support for the From: Jason Church behalf of American consumers. We have paid revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse the price of litigation through our taxes. Our v. Microsoft case. This lengthy litigation has Date: 12/5/01 4:36pm investment portfolios have taken a hard hit cost my fellow taxpayers and me more than Subject: Microsoft Settlement during this battle, and now more than ever, $35 million, and after reviewing the terms of Jason Church the country needs the economic stability this this Judgment, final approval is clearly in the 4646 W. Bath Rd. settlement can provide. This settlement is in public interest. Perry, MI 48872–9175 the public interest, and I urge the DOJ to Perhaps of greatest benefit to the American December 5, 2001 submit the revised proposed Final Judgment people, the Department of Justice (DOJ) and Ms. Renata Hesse to the U.S. District Court without change. the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division Sincerely, and now be able to focus their time and 601 D Street NW, Suite 1200 Jason P. Church resources on matters of far greater national Washington, DC 20530 significance ? the war against terrorism, Ms. Hesse: MTC–00032188 including homeland security. As noted by I would like to express my support for the From: James Rutte District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has Date: 12/5/01 4:54pm of September 11, it is vital for the country to cost my fellow taxpayers and me more than Subject: Microsoft Settlement move on from this lawsuit. The parties $35 million, and after reviewing the terms of James Rutte worked extremely hard to reach this this Judgment, final approval is clearly in the 20 Taunton Lake Road agreement, which has the benefit of taking public interest. Newtown, CT 06470–1414 effect immediately rather than months or Perhaps of greatest benefit to the American December 5, 2001 years from now when all appeals from people, the Department of Justice (DOJ) and Ms. Renata Hesse
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U.S. Department of Justice, Antitrust Division Sincerely, issues and software that were not part of the 601 D Street NW, Suite 1200 James A. Rutte original lawsuit, such as Windows XP, which Washington, DC 20530 will have to be modified to comply with the Ms. Hesse: MTC–00032190 settlement. I would like to express my support for the From: jerry ellis This case was supposedly brought on revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse behalf of American consumers. We have paid v. Microsoft case. This lengthy litigation has Date: 12/5/01 5:16pm the price of litigation through our taxes. Our cost my fellow taxpayers and me more than Subject: Microsoft Settlement investment portfolios have taken a hard hit $35 million, and after reviewing the terms of jerry ellis during this battle, and now more than ever, this Judgment, final approval is clearly in the 180 NE IZETT ST. #A1 the country needs the economic stability this public interest. Oak Harbor, wa 98277 settlement can provide. This settlement is in Perhaps of greatest benefit to the American December 5, 2001 the public interest, and I urge the DOJ to people, the Department of Justice (DOJ) and Ms. Renata Hesse submit the revised proposed Final Judgment the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division to the U.S. District Court without change. and now be able to focus their time and 601 D Street NW, Suite 1200 Sincerely, resources on matters of far greater national Washington, DC 20530 jerry ellis significance – the war against Ms. Hesse: terrorism, including homeland security. As I would like to express my support for the MTC–00032191 noted by District Court Judge Colleen Kollar- revised proposed Final Judgment in the U.S. From: Clifford Springmeyer Kotelly, who pushed for a settlement after the v. Microsoft case. This lengthy litigation has To: Ms. Renata Hesse attacks of September 11, it is vital for the cost my fellow taxpayers and me more than Date: 12/5/01 5:27pm country to move on from this lawsuit. The $35 million, and after reviewing the terms of Subject: Microsoft Settlement parties worked extremely hard to reach this this Judgment, final approval is clearly in the Clifford Springmeyer agreement, which has the benefit of taking public interest. 427 Brightwood Place effect immediately rather than months or Perhaps of greatest benefit to the American San Antonio, Tx 78209 years from now when all appeals from people, the Department of Justice (DOJ) and December 5, 2001 continuing the litigation would finally be the settling states will avoid additional costs Ms. Renata Hesse exhausted. and now be able to focus their time and U.S. Department of Justice, Antitrust Division The terms of the settlement offer a fair resources on matters of far greater national 601 D Street NW, Suite 1200 resolution for all sides of this case – significance – the war against Washington, DC 20530 the DOJ, the states, Microsoft, competitors, terrorism, including homeland security. As Ms. Hesse: consumers and taxpayers. Microsoft will not noted by District Court Judge Colleen Kollar- I would like to express my support for the be broken up and will be able to continue to Kotelly, who pushed for a settlement after the revised proposed Final Judgment in the U.S. innovate and provide new software and attacks of September 11, it is vital for the v. Microsoft case. This lengthy litigation has products. Software developers and Internet country to move on from this lawsuit. The cost my fellow taxpayers and me more than service providers (ISPs), including parties worked extremely hard to reach this $35 million, and after reviewing the terms of competitors, will have unprecedented access to Microsoft’s programming language agreement, which has the benefit of taking this Judgment, final approval is clearly in the and thus will be able to make Microsoft effect immediately rather than months or public interest. Perhaps of greatest benefit to programs compatible with their own. years from now when all appeals from the American people, the Department of Competitors also benefit from the provision continuing the litigation would finally be Justice (DOJ) and the settling states will avoid that frees up computer manufacturers to exhausted. additional costs and now be able to focus disable or uninstall any Microsoft application The terms of the settlement offer a fair their time and resources on matters of far or element of an operating system and install resolution for all sides of this case – greater national significance ? the war against other programs. In addition, Microsoft cannot the DOJ, the states, Microsoft, competitors, terrorism, including homeland security. As retaliate against computer manufactures, consumers and taxpayers. Microsoft will not noted by District Court Judge Colleen Kollar- ISPs, or other software developers for using be broken up and will be able to continue to Kotelly, who pushed for a settlement after the products developed by Microsoft innovate and provide new software and attacks of September 11, it is vital for the competitors. Plus, in an unprecedented products. Software developers and Internet country to move on from this lawsuit. The enforcement clause, a Technical Committee service providers (ISPs), including parties worked extremely hard to reach this will work out of Microsoft’s competitors, will have unprecedented access agreement, which has the benefit of taking headquarters for the next five years, at the to Microsoft’s programming language effect immediately rather than months or company’s expense, and monitor and thus will be able to make Microsoft years from now when all appeals from Microsoft‘s behavior and compliance programs compatible with their own. continuing the litigation would finally be with the settlement. Competitors also benefit from the provision exhausted. The terms of the settlement offer Most importantly, this settlement is fair to that frees up computer manufacturers to a fair resolution for all sides of this case ? the the computer users and consumers of disable or uninstall any Microsoft application DOJ, the states, Microsoft, competitors, America, on whose behalf the lawsuit was or element of an operating system and install consumers and taxpayers. Microsoft will not allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot be broken up and will be able to continue to select a variety of pre-installed software on retaliate against computer manufactures, innovate and provide new software and their computers. It will also be easier to ISPs, or other software developers for using products. Software developers and Internet substitute competitors’ products after products developed by Microsoft service providers (ISPs), including purchase as well. The Judgment even covers competitors. Plus, in an unprecedented competitors, will have unprecedented access issues and software that were not part of the enforcement clause, a Technical Committee to Microsoft’s programming language and original lawsuit, such as Windows XP, which will work out of Microsoft’s thus will be able to make Microsoft programs will have to be modified to comply with the headquarters for the next five years, at the compatible with their own. Competitors also settlement. company’s expense, and monitor benefit from the provision that frees up This case was supposedly brought on Microsoft‘s behavior and compliance computer manufacturers to disable or behalf of American consumers. We have paid with the settlement. uninstall any Microsoft application or the price of litigation through our taxes. Our Most importantly, this settlement is fair to element of an operating system and install investment portfolios have taken a hard hit the computer users and consumers of other programs. In addition, Microsoft cannot during this battle, and now more than ever, America, on whose behalf the lawsuit was retaliate against computer manufactures, the country needs the economic stability this allegedly filed. Consumers will be able to ISPs, or other software developers for using settlement can provide. This settlement is in select a variety of pre-installed software on products developed by Microsoft the public interest, and I urge the DOJ to their computers. It will also be easier to competitors. Plus, in an unprecedented submit the revised proposed Final Judgment substitute competitors’ products after enforcement clause, a Technical Committee to the U.S. District Court without change. purchase as well. The Judgment even covers will work out of Microsoft’s headquarters for
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the next five years, at the company’s expense, and thus will be able to make Microsoft effect immediately rather than months or and monitor Microsoft’s behavior and programs compatible with their own. years from now when all appeals from compliance with the settlement.Most Competitors also benefit from the provision continuing the litigation would finally be importantly, this settlement is fair to the that frees up computer manufacturers to exhausted. computer users and consumers of America, disable or uninstall any Microsoft application The terms of the settlement offer a fair on whose behalf the lawsuit was allegedly or element of an operating system and install resolution for all sides of this case – filed. Consumers will be able to select a other programs. In addition, Microsoft cannot the DOJ, the states, Microsoft, competitors, variety of pre-installed software on their retaliate against computer manufactures, consumers and taxpayers. Microsoft will not computers. It will also be easier to substitute ISPs, or other software developers for using be broken up and will be able to continue to competitors? products after purchase as well. products developed by Microsoft innovate and provide new software and The Judgment even covers issues and competitors. Plus, in an unprecedented products. Software developers and Internet software that were not part of the original enforcement clause, a Technical Committee service providers (ISPs), including lawsuit, such as Windows XP, which will will work out of Microsoft’s competitors, will have unprecedented access have to be modified to comply with the headquarters for the next five years, at the to Microsoft’s programming language settlement.This case was supposedly brought company’s expense, and monitor and thus will be able to make Microsoft on behalf of American consumers. We have Microsoft‘s behavior and compliance programs compatible with their own. paid the price of litigation through our taxes. with the settlement. Competitors also benefit from the provision Our investment portfolios have taken a hard Most importantly, this settlement is fair to that frees up computer manufacturers to hit during this battle, and now more than the computer users and consumers of disable or uninstall any Microsoft application ever, the country needs the economic America, on whose behalf the lawsuit was or element of an operating system and install stability this settlement can provide. This allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot settlement is in the public interest, and I urge select a variety of pre-installed software on retaliate against computer manufactures, the DOJ to submit the revised proposed Final their computers. It will also be easier to ISPs, or other software developers for using Judgment to the U.S. District Court without substitute competitors’ products after products developed by Microsoft change. purchase as well. The Judgment even covers competitors. Plus, in an unprecedented Sincerely, Cliff & Jo issues and software that were not part of the enforcement clause, a Technical Committee will work out of Microsoft’s Springmeyer original lawsuit, such as Windows XP, which headquarters for the next five years, at the will have to be modified to comply with the company’s expense, and monitor MTC–00032192 settlement. Microsoft‘s behavior and compliance From: V. Ruth Cathey This case was supposedly brought on with the settlement. To: Ms. Renata Hesse behalf of American consumers. We have paid Most importantly, this settlement is fair to Date: 12/5/01 5:30pm the price of litigation through our taxes. Our the computer users and consumers of Subject: Microsoft Settlement investment portfolios have taken a hard hit America, on whose behalf the lawsuit was V. Ruth Cathey during this battle, and now more than ever, allegedly filed. Consumers will be able to 9024 Mettler Dr. the country needs the economic stability this select a variety of pre-installed software on El Paso, TX 79925–4046 settlement can provide. This settlement is in their computers. It will also be easier to December 5, 2001 the public interest, and I urge the DOJ to substitute competitors’ products after Ms. Renata Hesse submit the revised proposed Final Judgment purchase as well. The Judgment even covers U.S. Department of Justice, Antitrust Division to the U.S. District Court without change. issues and software that were not part of the 601 D Street NW, Suite 1200 Sincerely, original lawsuit, such as Windows XP, which Washington, DC 20530 Ruth Cathey will have to be modified to comply with the Ms. Hesse: settlement. I would like to express my support for the MTC–00032193 This case was supposedly brought on revised proposed Final Judgment in the U.S. From: michael mcquilkin behalf of American consumers. We have paid v. Microsoft case. This lengthy litigation has To: Ms. Renata Hesse the price of litigation through our taxes. Our cost my fellow taxpayers and me more than Date: 12/5/01 5:30pm investment portfolios have taken a hard hit $35 million, and after reviewing the terms of Subject: Microsoft Settlement during this battle, and now more than ever, this Judgment, final approval is clearly in the michael mcquilkin the country needs the economic stability this public interest. po box-145 settlement can provide. This settlement is in Perhaps of greatest benefit to the American lakeview, ar 72642 the public interest, and I urge the DOJ to people, the Department of Justice (DOJ) and December 5, 2001 submit the revised proposed Final Judgment the settling states will avoid additional costs Ms. Renata Hesse to the U.S. District Court without change. and now be able to focus their time and U.S. Department of Justice, Antitrust Division Sincerely, resources on matters of far greater national 601 D Street NW, Suite 1200 michael mc quilkin significance – the war against Washington, DC 20530 terrorism, including homeland security. As Ms. Hesse: MTC–00032194 noted by District Court Judge Colleen Kollar- I would like to express my support for the From: Carlton D. Miller Kotelly, who pushed for a settlement after the revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse attacks of September 11, it is vital for the v. Microsoft case. This lengthy litigation has Date: 12/5/01 5:38pm country to move on from this lawsuit. The cost my fellow taxpayers and me more than Subject: Microsoft Settlement parties worked extremely hard to reach this $35 million, and after reviewing the terms of Carlton D. Miller agreement, which has the benefit of taking this Judgment, final approval is clearly in the 805 Skye Drive effect immediately rather than months or public interest. Findlay, Oh 45840–4436 years from now when all appeals from Perhaps of greatest benefit to the American December 5, 2001 continuing the litigation would finally be people, the Department of Justice (DOJ) and Ms. Renata Hesse exhausted. the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division The terms of the settlement offer a fair and now be able to focus their time and 601 D Street NW, Suite 1200 resolution for all sides of this case – resources on matters of far greater national Washington, DC 20530 the DOJ, the states, Microsoft, competitors, significance – the war against Ms. Hesse: consumers and taxpayers. Microsoft will not terrorism, including homeland security. As I would like to express my support for the be broken up and will be able to continue to noted by District Court Judge Colleen Kollar- revised proposed Final Judgment in the U.S. innovate and provide new software and Kotelly, who pushed for a settlement after the v. Microsoft case. This lengthy litigation has products. Software developers and Internet attacks of September 11, it is vital for the cost my fellow taxpayers and me more than service providers (ISPs), including country to move on from this lawsuit. The $35 million, and after reviewing the terms of competitors, will have unprecedented access parties worked extremely hard to reach this this Judgment, final approval is clearly in the to Microsoft’s programming language agreement, which has the benefit of taking public interest.
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Perhaps of greatest benefit to the American December 5, 2001 interest, and I urge the DOJ to submit the people, the Department of Justice (DOJ) and Ms. Renata Hesse revised proposed Final Judgment to the U.S. the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division District Court without change. and now be able to focus their time and 601 D Street NW, Suite 1200 Sincerely, resources on matters of far greater national Washington, DC 20530 Michael Lambert significance ? the war against terrorism, Ms. Hesse: including homeland security. As noted by I would like to express my support for the MTC–00032196 District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. From: Laurie Lord who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has To: Ms. Renata Hesse of September 11, it is vital for the country to cost my fellow taxpayers and me more than Date: 12/5/01 6:12pm move on from this lawsuit. The parties $35 million, and after reviewing the terms of Subject: Microsoft Settlement worked extremely hard to reach this this Judgment, final approval is clearly in the Laurie Lord agreement, which has the benefit of taking public interest. Box 1155 effect immediately rather than months or Perhaps of greatest benefit to the American Ione, Ca 95640 years from now when all appeals from people, the Department of Justice (DOJ) and December 5, 2001 continuing the litigation would finally be the settling states will avoid additional costs Ms. Renata Hesse exhausted. and now be able to focus their time and U.S. Department of Justice, Antitrust Division The terms of the settlement offer a fair resources on matters of far greater national 601 D Street NW, Suite 1200 resolution for all sides of this case ? the DOJ, significance – the war against Washington, DC 20530 the states, Microsoft, competitors, consumers terrorism, including homeland security. As Ms. Hesse: and taxpayers. Microsoft will not be broken noted by District Court Judge Colleen Kollar- I would like to express my support for the up and will be able to continue to innovate Kotelly, who pushed for a settlement after the revised proposed Final Judgment in the U.S. and provide new software and products. attacks of September 11, it is vital for the v. Microsoft case. This lengthy litigation has Software developers and Internet service country to move on from this lawsuit. The cost my fellow taxpayers and me more than providers (ISPs), including competitors, will parties worked extremely hard to reach this $35 million, and after reviewing the terms of have unprecedented access to Microsoft’s agreement, which has the benefit of taking this Judgment, final approval is clearly in the programming language and thus will be able effect immediately rather than months or public interest. to make Microsoft programs compatible with years from now when all appeals from Perhaps of greatest benefit to the American their own. Competitors also benefit from the continuing the litigation would finally be people, the Department of Justice (DOJ) and provision that frees up computer exhausted. the settling states will avoid additional costs manufacturers to disable or uninstall any The terms of the settlement offer a fair and now be able to focus their time and Microsoft application or element of an resolution for all sides of this case – resources on matters of far greater national operating system and install other programs. the DOJ, the states, Microsoft, competitors, significance – the war against In addition, Microsoft cannot retaliate against consumers and taxpayers. Microsoft will not terrorism, including homeland security. As computer manufactures, ISPs, or other be broken up and will be able to continue to noted by District Court Judge Colleen Kollar- software developers for using products innovate and provide new software and Kotelly, who pushed for a settlement after the developed by Microsoft competitors. Plus, in products. Software developers and Internet attacks of September 11, it is vital for the an unprecedented enforcement clause, a service providers (ISPs), including country to move on from this lawsuit. The Technical Committee will work out of competitors, will have unprecedented access parties worked extremely hard to reach this Microsoft’s headquarters for the next five to Microsoft’s programming language agreement, which has the benefit of taking years, at the company’s expense, and monitor and thus will be able to make Microsoft effect immediately rather than months or Microsoft’s behavior and compliance with programs compatible with their own. years from now when all appeals from the settlement. Competitors also benefit from the provision continuing the litigation would finally be Most importantly, this settlement is fair to that frees up computer manufacturers to exhausted. the computer users and consumers of disable or uninstall any Microsoft application The terms of the settlement offer a fair America, on whose behalf the lawsuit was or element of an operating system and install resolution for all sides of this case – allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot the DOJ, the states, Microsoft, competitors, select a variety of pre-installed software on retaliate against computer manufactures, consumers and taxpayers. Microsoft will not their computers. It will also be easier to ISPs, or other software developers for using be broken up and will be able to continue to substitute competitors? products after products developed by Microsoft innovate and provide new software and purchase as well. The Judgment even covers competitors. Plus, in an unprecedented products. Software developers and Internet issues and software that were not part of the enforcement clause, a Technical Committee service providers (ISPs), including original lawsuit, such as Windows XP, which will work out of Microsoft’s competitors, will have unprecedented access will have to be modified to comply with the headquarters for the next five years, at the to Microsoft’s programming language settlement. company’s expense, and monitor and thus will be able to make Microsoft This case was supposedly brought on Microsoft‘s behavior and compliance programs compatible with their own. behalf of American consumers. We have paid with the settlement. Competitors also benefit from the provision the price of litigation through our taxes. Our Most importantly, this settlement is fair to that frees up computer manufacturers to investment portfolios have taken a hard hit the computer users and consumers of disable or uninstall any Microsoft application during this battle, and now more than ever, America, on whose behalf the lawsuit was or element of an operating system and install the country needs the economic stability this allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot settlement can provide. This settlement is in select a variety of pre-installed software on retaliate against computer manufactures, the public interest, and I urge the DOJ to their computers. It will also be easier to ISPs, or other software developers for using submit the revised proposed Final Judgment substitute competitors’ products after products developed by Microsoft to the U.S. District Court without change. purchase as well. The Judgment even covers competitors. Plus, in an unprecedented Sincerely, issues and software that were not part of the enforcement clause, a Technical Committee Carlton D. Miller original lawsuit, such as Windows XP, which will work out of Microsoft’s will have to be modified to comply with the headquarters for the next five years, at the MTC–00032195 settlement. This case was supposedly company’s expense, and monitor From: Michael Lambert brought on behalf of American consumers. Microsoft‘s behavior and compliance To: Ms. Renata Hesse We have paid the price of litigation through with the settlement. Date: 12/5/01 5:51pm our taxes. Our investment portfolios have Most importantly, this settlement is fair to Subject: Microsoft Settlement taken a hard hit during this battle, and now the computer users and consumers of Michael Lambert more than ever, the country needs the America, on whose behalf the lawsuit was 3755 Wildwood Road economic stability this settlement can allegedly filed. Consumers will be able to San Diego, CA 92107 provide. This settlement is in the public select a variety of pre-installed software on
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their computers. It will also be easier to ISPs, or other software developers for using be broken up and will be able to continue to substitute competitors’ products after products developed by Microsoft innovate and provide new software and purchase as well. The Judgment even covers competitors. Plus, in an unprecedented products. Software developers and Internet issues and software that were not part of the enforcement clause, a Technical Committee service providers (ISPs), including original lawsuit, such as Windows XP, which will work out of Microsoft’s competitors, will have unprecedented access will have to be modified to comply with the headquarters for the next five years, at the to Microsoft’s programming language settlement. company’s expense, and monitor and thus will be able to make Microsoft This case was supposedly brought on Microsoft‘s behavior and compliance programs compatible with their own. behalf of American consumers. We have paid with the settlement. Competitors also benefit from the provision the price of litigation through our taxes. Our Most importantly, this settlement is fair to that frees up computer manufacturers to investment portfolios have taken a hard hit the computer users and consumers of disable or uninstall any Microsoft application during this battle, and now more than ever, America, on whose behalf the lawsuit was or element of an operating system and install the country needs the economic stability this allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot settlement can provide. This settlement is in select a variety of pre-installed software on retaliate against computer manufactures, the public interest, and I urge the DOJ to their computers. It will also be easier to ISPs, or other software developers for using submit the revised proposed Final Judgment substitute competitors’ products after products developed by Microsoft to the U.S. District Court without change. purchase as well. The Judgment even covers competitors. Plus, in an unprecedented Sincerely, issues and software that were not part of the enforcement clause, a Technical Committee Laurie K. Lord original lawsuit, such as Windows XP, which will work out of Microsoft’s will have to be modified to comply with the headquarters for the next five years, at the MTC–00032197 settlement. company’s expense, and monitor From: stuart van dyke This case was supposedly brought on Microsoft‘s behavior and compliance To: Ms. Renata Hesse behalf of American consumers. We have paid with the settlement. Date: 12/5/01 6:12pm the price of litigation through our taxes. Our Most importantly, this settlement is fair to Subject: Microsoft Settlement investment portfolios have taken a hard hit the computer users and consumers of stuart van dyke during this battle, and now more than ever, America, on whose behalf the lawsuit was 225 hourglass way #106 the country needs the economic stability this allegedly filed. Consumers will be able to sarasota , fl 34242 settlement can provide. This settlement is in select a variety of pre-installed software on December 5, 2001 the public interest, and I urge the DOJ to their computers. It will also be easier to Ms. Renata Hesse submit the revised proposed Final Judgment substitute competitors’ products after U.S. Department of Justice, Antitrust Division to the U.S. District Court without change. purchase as well. The Judgment even covers 601 D Street NW, Suite 1200 Sincerely, issues and software that were not part of the Washington, DC 20530 stuart van dyke original lawsuit, such as Windows XP, which Ms. Hesse: will have to be modified to comply with the I would like to express my support for the MTC–00032198 settlement. revised proposed Final Judgment in the U.S. From: Louise Lane This case was supposedly brought on v. Microsoft case. This lengthy litigation has To: Ms. Renata Hesse behalf of American consumers. We have paid cost my fellow taxpayers and me more than Date: 12/5/01 6:28pm the price of litigation through our taxes. Our $35 million, and after reviewing the terms of Subject: Microsoft Settlement investment portfolios have taken a hard hit this Judgment, final approval is clearly in the Louise Lane during this battle, and now more than ever, public interest. 5310 Stanford Road the country needs the economic stability this Perhaps of greatest benefit to the American Jacksonville, FL 32207–7856 settlement can provide. This settlement is in people, the Department of Justice (DOJ) and December 5, 2001 the public interest, and I urge the DOJ to the settling states will avoid additional costs Ms. Renata Hesse submit the revised proposed Final Judgment and now be able to focus their time and U.S. Department of Justice, Antitrust Division to the U.S. District Court without change. resources on matters of far greater national 601 D Street NW, Suite 1200 Sincerely, significance – the war against Washington, DC 20530 Reba Louise Lane terrorism, including homeland security. As Ms. Hesse: noted by District Court Judge Colleen Kollar- I would like to express my support for the MTC–00032199 Kotelly, who pushed for a settlement after the revised proposed Final Judgment in the U.S. From: Benton Welling attacks of September 11, it is vital for the v. Microsoft case. This lengthy litigation has To: Ms. Renata Hesse country to move on from this lawsuit. The cost my fellow taxpayers and me more than Date: 12/5/01 7:17pm parties worked extremely hard to reach this $35 million, and after reviewing the terms of Subject: Microsoft Settlement agreement, which has the benefit of taking this Judgment, final approval is clearly in the Benton Welling effect immediately rather than months or public interest. 2208 Pennington Dr. years from now when all appeals from Perhaps of greatest benefit to the American Arlington, TX 76014–3512 continuing the litigation would finally be people, the Department of Justice (DOJ) and December 5, 2001 exhausted. the settling states will avoid additional costs Ms. Renata Hesse The terms of the settlement offer a fair and now be able to focus their time and U.S. Department of Justice, Antitrust Division resolution for all sides of this case – resources on matters of far greater national 601 D Street NW, Suite 1200 the DOJ, the states, Microsoft, competitors, significance – the war against Washington, DC 20530 consumers and taxpayers. Microsoft will not terrorism, including homeland security. As Ms. Hesse: be broken up and will be able to continue to noted by District Court Judge Colleen Kollar- I would like to express my support for the innovate and provide new software and Kotelly, who pushed for a settlement after the revised proposed Final Judgment in the U.S. products. Software developers and Internet attacks of September 11, it is vital for the v. Microsoft case. This lengthy litigation has service providers (ISPs), including country to move on from this lawsuit. The cost my fellow taxpayers and me more than competitors, will have unprecedented access parties worked extremely hard to reach this $35 million, and after reviewing the terms of to Microsoft’s programming language agreement, which has the benefit of taking this Judgment, final approval is clearly in the and thus will be able to make Microsoft effect immediately rather than months or public interest. programs compatible with their own. years from now when all appeals from Perhaps of greatest benefit to the American Competitors also benefit from the provision continuing the litigation would finally be people, the Department of Justice (DOJ) and that frees up computer manufacturers to exhausted. the settling states will avoid additional costs disable or uninstall any Microsoft application The terms of the settlement offer a fair and now be able to focus their time and or element of an operating system and install resolution for all sides of this case – resources on matters of far greater national other programs. In addition, Microsoft cannot the DOJ, the states, Microsoft, competitors, significance – the war against retaliate against computer manufactures, consumers and taxpayers. Microsoft will not terrorism, including homeland security. As
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noted by District Court Judge Colleen Kollar- I would like to express my support for the To: Ms. Renata Hesse Kotelly, who pushed for a settlement after the revised proposed Final Judgment in the U.S. Date: 12/5/01 7:37pm attacks of September 11, it is vital for the v. Microsoft case. This lengthy litigation has Subject: Microsoft Settlement country to move on from this lawsuit. The cost my fellow taxpayers and me more than Victoria Heller parties worked extremely hard to reach this $35 million, and after reviewing the terms of 2 Snowy Owl Lane agreement, which has the benefit of taking this Judgment, final approval is clearly in the North Oaks, MN 55127 effect immediately rather than months or public interest. December 5, 2001 years from now when all appeals from Perhaps of greatest benefit to the American Ms. Renata Hesse continuing the litigation would finally be people, the Department of Justice (DOJ) and U.S. Department of Justice, Antitrust Division exhausted. the settling states will avoid additional costs 601 D Street NW, Suite 1200 The terms of the settlement offer a fair and now be able to focus their time and Washington, DC 20530 resolution for all sides of this case – resources on matters of far greater national Ms. Hesse: the DOJ, the states, Microsoft, competitors, significance – the war against I would like to express my support for the consumers and taxpayers. Microsoft will not terrorism, including homeland security. As revised proposed Final Judgment in the U.S. be broken up and will be able to continue to noted by District Court Judge Colleen Kollar- v. Microsoft case. This lengthy litigation has innovate and provide new software and Kotelly, who pushed for a settlement after the cost my fellow taxpayers and me more than products. Software developers and Internet attacks of September 11, it is vital for the $35 million, and after reviewing the terms of service providers (ISPs), including country to move on from this lawsuit. The this Judgment, final approval is clearly in the competitors, will have unprecedented access parties worked extremely hard to reach this public interest. to Microsoft’s programming language agreement, which has the benefit of taking Perhaps of greatest benefit to the American and thus will be able to make Microsoft effect immediately rather than months or people, the Department of Justice (DOJ) and programs compatible with their own. years from now when all appeals from the settling states will avoid additional costs Competitors also benefit from the provision continuing the litigation would finally be and now be able to focus their time and that frees up computer manufacturers to exhausted. The terms of the settlement offer resources on matters of far greater national disable or uninstall any Microsoft application a fair resolution for all sides of this case significance – the war against terrorism, including homeland security. As or element of an operating system and install – the DOJ, the states, Microsoft, competitors, consumers and taxpayers. noted by District Court Judge Colleen Kollar- other programs. In addition, Microsoft cannot Microsoft will not be broken up and will be Kotelly, who pushed for a settlement after the retaliate against computer manufactures, able to continue to innovate and provide new attacks of September 11, it is vital for the ISPs, or other software developers for using software and products. Software developers country to move on from this lawsuit. The products developed by Microsoft and Internet service providers (ISPs), parties worked extremely hard to reach this competitors. Plus, in an unprecedented including competitors, will have agreement, which has the benefit of taking enforcement clause, a Technical Committee unprecedented access to Microsoft’s effect immediately rather than months or will work out of Microsoft’s programming language and thus will be able years from now when all appeals from headquarters for the next five years, at the to make Microsoft programs compatible with continuing the litigation would finally be company’s expense, and monitor their own. Competitors also benefit from the exhausted. The terms of the settlement offer Microsoft‘s behavior and compliance provision that frees up computer a fair resolution for all sides of this case with the settlement. manufacturers to disable or uninstall any – the DOJ, the states, Microsoft, Most importantly, this settlement is fair to Microsoft application or element of an competitors, consumers and taxpayers. the computer users and consumers of operating system and install other programs. Microsoft will not be broken up and will be America, on whose behalf the lawsuit was In addition, Microsoft cannot retaliate against able to continue to innovate and provide new allegedly filed. Consumers will be able to computer manufactures, ISPs, or other software and products. Software developers select a variety of pre-installed software on software developers for using products and Internet service providers (ISPs), their computers. It will also be easier to developed by Microsoft competitors. Plus, in including competitors, will have substitute competitors’ products after an unprecedented enforcement clause, a unprecedented access to Microsoft’s purchase as well. The Judgment even covers Technical Committee will work out of programming language and thus will be able issues and software that were not part of the Microsoft’s headquarters for the next to make Microsoft programs compatible with original lawsuit, such as Windows XP, which five years, at the company’s expense, their own. will have to be modified to comply with the and monitor Microsoft‘s behavior and Competitors also benefit from the provision settlement. compliance with the settlement. that frees up computer manufacturers to This case was supposedly brought on Most importantly, this settlement is fair to disable or uninstall any Microsoft application behalf of American consumers. We have paid the computer users and consumers of or element of an operating system and install the price of litigation through our taxes. Our America, on whose behalf the lawsuit was other programs. In addition, Microsoft cannot investment portfolios have taken a hard hit allegedly filed. Consumers will be able to retaliate against computer manufactures, during this battle, and now more than ever, select a variety of pre-installed software on ISPs, or other software developers for using the country needs the economic stability this their computers. It will also be easier to products developed by Microsoft settlement can provide. This settlement is in substitute competitors’ products after competitors. Plus, in an unprecedented the public interest, and I urge the DOJ to purchase as well. The Judgment even covers enforcement clause, a Technical Committee submit the revised proposed Final Judgment issues and software that were not part of the will work out of Microsoft’s to the U.S. District Court without change. original lawsuit, such as Windows XP, which headquarters for the next five years, at the Sincerely, will have to be modified to comply with the company’s expense, and monitor Benton M. Welling settlement. Microsoft‘s behavior and compliance with the settlement. MTC–00032200 This case was supposedly brought on behalf of American consumers. We have paid Most importantly, this settlement is fair to From: Michael Belcher the price of litigation through our taxes. Our the computer users and consumers of To: Ms. Renata Hesse investment portfolios have taken a hard hit America, on whose behalf the lawsuit was Date: 12/5/01 7:36pm during this battle, and now more than ever, allegedly filed. Consumers will be able to Subject: Microsoft Settlement the country needs the economic stability this select a variety of pre-installed software on Michael Belcher settlement can provide. This settlement is in their computers. It will also be easier to po box 5681 the public interest, and I urge the DOJ to substitute competitors’ products after pahrump, nv 89041 submit the revised proposed Final Judgment purchase as well. The Judgment even covers December 5, 2001 to the U.S. District Court without change. issues and software that were not part of the Ms. Renata Hesse Sincerely, original lawsuit, such as Windows XP, which U.S. Department of Justice, Antitrust Division Michael Belcher will have to be modified to comply with the 601 D Street NW, Suite 1200 settlement. Washington, DC 20530 MTC–00032201 This case was supposedly brought on Ms. Hesse: From: Victoria Heller behalf of American consumers. We have paid
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the price of litigation through our taxes. Our America, on whose behalf the lawsuit was operating system and install other programs. investment portfolios have taken a hard hit allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against during this battle, and now more than ever, select a variety of pre-installed software on computer manufactures, ISPs, or other the country needs the economic stability this their computers. It will also be easier to software developers for using products settlement can provide. This settlement is in substitute competitors? products after developed by Microsoft competitors. Plus, in the public interest, and I urge the DOJ to purchase as well. The Judgment even covers an unprecedented enforcement clause, a submit the revised proposed Final Judgment issues and software that were not part of the Technical Committee will work out of to the U.S. District Court without change. original lawsuit, such as Windows XP, which Microsoft’s headquarters for the next five Sincerely, will have to be modified to comply with the years, at the company’s expense, and monitor Victoria Heller settlement. Microsoft’s behavior and compliance with MTC–00032202 This case was supposedly brought on the settlement. behalf of American consumers. We have paid Most importantly, this settlement is fair to From: Rikard Krvaric the price of litigation through our taxes. Our the computer users and consumers of To: Ms. Renata Hesse investment portfolios have taken a hard hit America, on whose behalf the lawsuit was Date: 12/5/01 7:47pm during this battle, and now more than ever, allegedly filed. Consumers will be able to Subject: Microsoft Settlement the country needs the economic stability this select a variety of pre-installed software on Rikard Krvaric settlement can provide. This settlement is in their computers. It will also be easier to 720 SW 111th Avenue. 208 the public interest, and I urge the DOJ to substitute competitors? products after Pembroke Pines, FL 33025 submit the revised proposed Final Judgment purchase as well. The Judgment even covers December 5, 2001 to the U.S. District Court without change. issues and software that were not part of the Ms. Renata Hesse Sincerely, original lawsuit, such as Windows XP, which U.S. Department of Justice, Antitrust Division Rikard Krvaric will have to be modified to comply with the 601 D Street NW, Suite 1200 settlement. Washington, DC 20530 MTC–00032203 This case was supposedly brought on Ms. Hesse: From: Russell Lee behalf of American consumers. We have paid I would like to express my support for the To: Ms. Renata Hesse revised proposed Final Judgment in the U.S. the price of litigation through our taxes. Our Date: 12/5/01 8:06pm v. Microsoft case. This lengthy litigation has investment portfolios have taken a hard hit Subject: Microsoft Settlement cost my fellow taxpayers and me more than during this battle, and now more than ever, Russell Lee $35 million, and after reviewing the terms of the country needs the economic stability this 375 W Wyandot this Judgment, final approval is clearly in the settlement can provide. This settlement is in Upper Sandusky, OH 43351 public interest. the public interest, and I urge the DOJ to December 5, 2001 Perhaps of greatest benefit to the American submit the revised proposed Final Judgment Ms. Renata Hesse people, the Department of Justice (DOJ) and to the U.S. District Court without change. U.S. Department of Justice, Antitrust Division the settling states will avoid additional costs Sincerely, 601 D Street NW, Suite 1200 and now be able to focus their time and Russell J Lee Washington, DC 20530 resources on matters of far greater national MTC–00032204 significance ? the war against terrorism, Ms. Hesse: including homeland security. As noted by I would like to express my support for the From: Paul Offer District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has Date: 12/5/01 8:08pm of September 11, it is vital for the country to cost my fellow taxpayers and me more than Subject: Microsoft Settlement move on from this lawsuit. The parties $35 million, and after reviewing the terms of Paul Offer worked extremely hard to reach this this Judgment, final approval is clearly in the 24010–49th Place West agreement, which has the benefit of taking public interest. Mountlake Terrace, , WA 98043 effect immediately rather than months or Perhaps of greatest benefit to the American December 5, 2001 years from now when all appeals from people, the Department of Justice (DOJ) and Ms. Renata Hesse continuing the litigation would finally be the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division exhausted. and now be able to focus their time and 601 D Street NW, Suite 1200 The terms of the settlement offer a fair resources on matters of far greater national Washington, DC 20530 resolution for all sides of this case ? the DOJ, significance ? the war against terrorism, Ms. Hesse: the states, Microsoft, competitors, consumers including homeland security. As noted by I would like to express my support for the and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. up and will be able to continue to innovate who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has and provide new software and products. of September 11, it is vital for the country to cost my fellow taxpayers and me more than Software developers and Internet service move on from this lawsuit. The parties $35 million, and after reviewing the terms of providers (ISPs), including competitors, will worked extremely hard to reach this this Judgment, final approval is clearly in the have unprecedented access to Microsoft’s agreement, which has the benefit of taking public interest. programming language and thus will be able effect immediately rather than months or Perhaps of greatest benefit to the American to make Microsoft programs compatible with years from now when all appeals from people, the Department of Justice (DOJ) and their own. Competitors also benefit from the continuing the litigation would finally be the settling states will avoid additional costs provision that frees up computer exhausted. and now be able to focus their time and manufacturers to disable or uninstall any The terms of the settlement offer a fair resources on matters of far greater national Microsoft application or element of an resolution for all sides of this case ? the DOJ, significance – the war against operating system and install other programs. the states, Microsoft, competitors, consumers terrorism, including homeland security. As In addition, Microsoft cannot retaliate against and taxpayers. Microsoft will not be broken noted by District Court Judge Colleen Kollar- computer manufactures, ISPs, or other up and will be able to continue to innovate Kotelly, who pushed for a settlement after the software developers for using products and provide new software and products. attacks of September 11, it is vital for the developed by Microsoft competitors. Plus, in Software developers and Internet service country to move on from this lawsuit. The an unprecedented enforcement clause, a providers (ISPs), including competitors, will parties worked extremely hard to reach this Technical Committee will work out of have unprecedented access to Microsoft’s agreement, which has the benefit of taking Microsoft’s headquarters for the next five programming language and thus will be able effect immediately rather than months or years, at the company’s expense, and monitor to make Microsoft programs compatible with years from now when all appeals from Microsoft’s behavior and compliance with their own. Competitors also benefit from the continuing the litigation would finally be the settlement. provision that frees up computer exhausted. Most importantly, this settlement is fair to manufacturers to disable or uninstall any The terms of the settlement offer a fair the computer users and consumers of Microsoft application or element of an resolution for all sides of this case –
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the DOJ, the states, Microsoft, competitors, terrorism, including homeland security. As v. Microsoft case. This lengthy litigation has consumers and taxpayers. Microsoft will not noted by District Court Judge Colleen Kollar- cost my fellow taxpayers and me more than be broken up and will be able to continue to Kotelly, who pushed for a settlement after the $35 million, and after reviewing the terms of innovate and provide new software and attacks of September 11, it is vital for the this Judgment, final approval is clearly in the products. Software developers and Internet country to move on from this lawsuit. The public interest. service providers (ISPs), including parties worked extremely hard to reach this Perhaps of greatest benefit to the American competitors, will have unprecedented access agreement, which has the benefit of taking people, the Department of Justice (DOJ) and to Microsoft’s programming language effect immediately rather than months or the settling states will avoid additional costs and thus will be able to make Microsoft years from now when all appeals from and now be able to focus their time and programs compatible with their own. continuing the litigation would finally be resources on matters of far greater national Competitors also benefit from the provision exhausted. The terms of the settlement offer significance – the war against that frees up computer manufacturers to a fair resolution for all sides of this case ? the terrorism, including homeland security. As disable or uninstall any Microsoft application DOJ, the states, Microsoft, competitors, noted by District Court Judge Colleen Kollar- or element of an operating system and install consumers and taxpayers. Microsoft will not Kotelly, who pushed for a settlement after the other programs. In addition, Microsoft cannot be broken up and will be able to continue to attacks of September 11, it is vital for the retaliate against computer manufactures, innovate and provide new software and country to move on from this lawsuit. The ISPs, or other software developers for using products. Software developers and Internet parties worked extremely hard to reach this products developed by Microsoft service providers (ISPs), including agreement, which has the benefit of taking competitors. Plus, in an unprecedented competitors, will have unprecedented access effect immediately rather than months or enforcement clause, a Technical Committee to Microsoft’s programming language and years from now when all appeals from will work out of Microsoft’s thus will be able to make Microsoft programs continuing the litigation would finally be headquarters for the next five years, at the compatible with their own. Competitors also exhausted. company’s expense, and monitor benefit from the provision that frees up The terms of the settlement offer a fair Microsoft‘s behavior and compliance computer manufacturers to disable or resolution for all sides of this case – with the settlement. uninstall any Microsoft application or the DOJ, the states, Microsoft, competitors, element of an operating system and install Most importantly, this settlement is fair to consumers and taxpayers. Microsoft will not other programs. In addition, Microsoft cannot the computer users and consumers of be broken up and will be able to continue to retaliate against computer manufactures, America, on whose behalf the lawsuit was innovate and provide new software and ISPs, or other software developers for using allegedly filed. Consumers will be able to products. Software developers and Internet products developed by Microsoft select a variety of pre-installed software on service providers (ISPs), including competitors. Plus, in an unprecedented their computers. It will also be easier to competitors, will have unprecedented access enforcement clause, a Technical Committee substitute competitors’ products after to Microsoft’s programming language will work out of Microsoft’s headquarters for purchase as well. The Judgment even covers and thus will be able to make Microsoft the next five years, at the company’s expense, issues and software that were not part of the programs compatible with their own. and monitor Microsoft’s behavior and original lawsuit, such as Windows XP, which compliance with the settlement.Most Competitors also benefit from the provision will have to be modified to comply with the importantly, this settlement is fair to the that frees up computer manufacturers to settlement. computer users and consumers of America, disable or uninstall any Microsoft application This case was supposedly brought on on whose behalf the lawsuit was allegedly or element of an operating system and install behalf of American consumers. We have paid filed. Consumers will be able to select a other programs. In addition, Microsoft cannot the price of litigation through our taxes. Our variety of pre-installed software on their retaliate against computer manufactures, investment portfolios have taken a hard hit computers. It will also be easier to substitute ISPs, or other software developers for using during this battle, and now more than ever, competitors? products after purchase as well. products developed by Microsoft the country needs the economic stability this The Judgment even covers issues and competitors. Plus, in an unprecedented settlement can provide. This settlement is in software that were not part of the original enforcement clause, a Technical Committee the public interest, and I urge the DOJ to lawsuit, such as Windows XP, which will will work out of Microsoft’s submit the revised proposed Final Judgment have to be modified to comply with the headquarters for the next five years, at the to the U.S. District Court without change. settlement.This case was supposedly brought company’s expense, and monitor Sincerely, on behalf of American consumers. We have Microsoft‘s behavior and compliance Paul Offer paid the price of litigation through our taxes. with the settlement. Most importantly, this settlement is fair to MTC–00032205 Our investment portfolios have taken a hard hit during this battle, and now more than the computer users and consumers of From: Eric Cheatwood ever, the country needs the economic America, on whose behalf the lawsuit was To: Ms. Renata Hesse stability this settlement can provide. This allegedly filed. Consumers will be able to Date: 12/5/01 8:20pm settlement is in the public interest, and I urge select a variety of pre-installed software on Subject: Microsoft Settlement the DOJ to submit the revised proposed Final their computers. It will also be easier to Eric Cheatwood Judgment to the U.S. District Court without substitute competitors’ products after 86 Austin Street #208 change. purchase as well. The Judgment even covers Worcester, MA 01609–2956 Sincerely, issues and software that were not part of the December 5, 2001 Eric Cheatwood original lawsuit, such as Windows XP, which Ms. Renata Hesse will have to be modified to comply with the U.S. Department of Justice, Antitrust Division MTC–00032206 settlement. 601 D Street NW, Suite 1200 From: Michael Crass This case was supposedly brought on Washington, DC 20530 To: Ms. Renata Hesse behalf of American consumers. We have paid Ms. Hesse: Date: 12/5/01 8:23pm the price of litigation through our taxes. Our I would like to express my support for the Subject: Microsoft Settlement investment portfolios have taken a hard hit revised proposed Final Judgment in the U.S. Michael Crass during this battle, and now more than ever, v. Microsoft case. This lengthy litigation has 3831 Marshall Place the country needs the economic stability this cost my fellow taxpayers and me more than Gary, IN 46408–1926 settlement can provide. This settlement is in $35 million, and after reviewing the terms of December 5, 2001 the public interest, and I urge the DOJ to this Judgment, final approval is clearly in the Ms. Renata Hesse submit the revised proposed Final Judgment public interest. Perhaps of greatest benefit to U.S. Department of Justice, Antitrust Division to the U.S. District Court without change. the American people, the Department of 601 D Street NW, Suite 1200 Sincerely, Justice (DOJ) and the settling states will avoid Washington, DC 20530 Michael Crass additional costs and now be able to focus Ms. Hesse: their time and resources on matters of far I would like to express my support for the MTC–00032207 greater national significance ? the war against revised proposed Final Judgment in the U.S. From: Dana Langsford
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To: Ms. Renata Hesse the price of litigation through our taxes. Our America, on whose behalf the lawsuit was Date: 12/5/01 8:50pm investment portfolios have taken a hard hit allegedly filed. Consumers will be able to Subject: Microsoft Settlement during this battle, and now more than ever, select a variety of pre-installed software on Dana Langsford the country needs the economic stability this their computers. It will also be easier to 121 W. Crescent settlement can provide. This settlement is in substitute competitors? products after Marquette, MI 49855 the public interest, and I urge the DOJ to purchase as well. The Judgment even covers December 5, 2001 submit the revised proposed Final Judgment issues and software that were not part of the Ms. Renata Hesse to the U.S. District Court without change. original lawsuit, such as Windows XP, which U.S. Department of Justice, Antitrust Division Sincerely, will have to be modified to comply with the 601 D Street NW, Suite 1200 Dana Langsford settlement. Washington, DC 20530 This case was supposedly brought on Ms. Hesse: MTC–00032208 behalf of American consumers. We have paid I would like to express my support for the From: Franklin M. Swig the price of litigation through our taxes. Our revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse investment portfolios have taken a hard hit v. Microsoft case. This lengthy litigation has Date: 12/5/01 8:59pm during this battle, and now more than ever, cost my fellow taxpayers and me more than Subject: Microsoft Settlement the country needs the economic stability this $35 million, and after reviewing the terms of Franklin M. Swig settlement can provide. This settlement is in this Judgment, final approval is clearly in the 2809 N. Glendower Ave. the public interest, and I urge the DOJ to public interest. Los Angeles, CA 90027–1118 submit the revised proposed Final Judgment Perhaps of greatest benefit to the American December 6, 2001 to the U.S. District Court without change. people, the Department of Justice (DOJ) and Ms. Renata Hesse Sincerely, the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division Franklin M. Swig and now be able to focus their time and 601 D Street NW, Suite 1200 resources on matters of far greater national Washington, DC 20530 M MTC–00032209 significance – the war against Ms. Hesse: From: Larry Kelley terrorism, including homeland security. As I would like to express my support for the To: Ms. Renata Hesse noted by District Court Judge Colleen Kollar- revised proposed Final Judgment in the U.S. Date: 12/5/01 9:36pm Kotelly, who pushed for a settlement after the v. Microsoft case. This lengthy litigation has Subject: Microsoft Settlement attacks of September 11, it is vital for the cost my fellow taxpayers and me more than Larry Kelley country to move on from this lawsuit. The $35 million, and after reviewing the terms of po. box 521 parties worked extremely hard to reach this this Judgment, final approval is clearly in the Hampden, ME 04444 agreement, which has the benefit of taking public interest. Perhaps of greatest benefit to December 6, 2001 effect immediately rather than months or the American people, the Department of Ms. Renata Hesse years from now when all appeals from Justice (DOJ) and the settling states will avoid U.S. Department of Justice, Antitrust Division continuing the litigation would finally be additional costs and now be able to focus 601 D Street NW, Suite 1200 Washington, DC exhausted. their time and resources on matters of far 20530 Ms. Hesse: The terms of the settlement offer a fair resolution for all sides of this case – greater national significance ? the war against I would like to express my support for the the DOJ, the states, Microsoft, competitors, terrorism, including homeland security. As revised proposed Final Judgment in the U.S. consumers and taxpayers. Microsoft will not noted by District Court Judge Colleen Kollar- v. Microsoft case. This lengthy litigation has be broken up and will be able to continue to Kotelly, who pushed for a settlement after the cost my fellow taxpayers and me more than innovate and provide new software and attacks of September 11, it is vital for the $35 million, and after reviewing the terms of products. Software developers and Internet country to move on from this lawsuit. The this Judgment, final approval is clearly in the service providers (ISPs), including parties worked extremely hard to reach this public interest. competitors, will have unprecedented access agreement, which has the benefit of taking Perhaps of greatest benefit to the American to Microsoft’s programming language effect immediately rather than months or people, the Department of Justice (DOJ) and and thus will be able to make Microsoft years from now when all appeals from the settling states will avoid additional costs programs compatible with their own. continuing the litigation would finally be and now be able to focus their time and Competitors also benefit from the provision exhausted. resources on matters of far greater national that frees up computer manufacturers to The terms of the settlement offer a fair significance – the war against disable or uninstall any Microsoft application resolution for all sides of this case ? the DOJ, terrorism, including homeland security. As or element of an operating system and install the states, Microsoft, competitors, consumers noted by District Court Judge Colleen Kollar- other programs. In addition, Microsoft cannot and taxpayers. Microsoft will not be broken Kotelly, who pushed for a settlement after the retaliate against computer manufactures, up and will be able to continue to innovate attacks of September 11, it is vital for the ISPs, or other software developers for using and provide new software and products. country to move on from this lawsuit. The products developed by Microsoft Software developers and Internet service parties worked extremely hard to reach this competitors. Plus, in an unprecedented providers (ISPs), including competitors, will agreement, which has the benefit of taking enforcement clause, a Technical Committee have unprecedented access to Microsoft’s effect immediately rather than months or will work out of Microsoft’s programming language and thus will be able years from now when all appeals from headquarters for the next five years, at the to make Microsoft programs compatible with continuing the litigation would finally be company’s expense, and monitor their own. Competitors also benefit from the exhausted. Microsoft‘s behavior and compliance provision that frees up computer The terms of the settlement offer a fair with the settlement. manufacturers to disable or uninstall any resolution for all sides of this case – Most importantly, this settlement is fair to Microsoft application or element of an the DOJ, the states, Microsoft, competitors, the computer users and consumers of operating system and install other programs. consumers and taxpayers. Microsoft will not America, on whose behalf the lawsuit was In addition, Microsoft cannot retaliate against be broken up and will be able to continue to allegedly filed. Consumers will be able to computer manufactures, ISPs, or other innovate and provide new software and select a variety of pre-installed software on software developers for using products products. Software developers and Internet their computers. It will also be easier to developed by Microsoft competitors. Plus, in service providers (ISPs), including substitute competitors’ products after an unprecedented enforcement clause, a competitors, will have unprecedented access purchase as well. The Judgment even covers Technical Committee will work out of to Microsoft’s programming language issues and software that were not part of the Microsoft’s headquarters for the next five and thus will be able to make Microsoft original lawsuit, such as Windows XP, which years, at the company’s expense, and monitor programs compatible with their own. will have to be modified to comply with the Microsoft’s behavior and compliance with Competitors also benefit from the provision settlement. the settlement. that frees up computer manufacturers to This case was supposedly brought on Most importantly, this settlement is fair to disable or uninstall any Microsoft application behalf of American consumers. We have paid the computer users and consumers of or element of an operating system and install
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other programs. In addition, Microsoft cannot the states, Microsoft, competitors, consumers including homeland security. As noted by retaliate against computer manufactures, and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, ISPs, or other software developers for using up and will be able to continue to innovate who pushed for a settlement after the attacks products developed by Microsoft and provide new software and products. of September 11, it is vital for the country to competitors. Plus, in an unprecedented Software developers and Internet service move on from this lawsuit. The parties enforcement clause, a Technical Committee providers (ISPs), including competitors, will worked extremely hard to reach this will work out of Microsoft’s have unprecedented access to Microsoft’s agreement, which has the benefit of taking headquarters for the next five years, at the programming language and thus will be able effect immediately rather than months or company’s expense, and monitor to make Microsoft programs compatible with years from now when all appeals from Microsoft‘s behavior and compliance their own. Competitors also benefit from the continuing the litigation would finally be with the settlement. provision that frees up computer exhausted. Most importantly, this settlement is fair to manufacturers to disable or uninstall any The terms of the settlement offer a fair the computer users and consumers of Microsoft application or element of an resolution for all sides of this case ? the DOJ, America, on whose behalf the lawsuit was operating system and install other programs. the states, Microsoft, competitors, consumers allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against and taxpayers. Microsoft will not be broken select a variety of pre-installed software on computer manufactures, ISPs, or other up and will be able to continue to innovate their computers. It will also be easier to software developers for using products and provide new software and products. substitute competitors’ products after developed by Microsoft competitors. Plus, in Software developers and Internet service purchase as well. The Judgment even covers an unprecedented enforcement clause, a providers (ISPs), including competitors, will issues and software that were not part of the Technical Committee will work out of have unprecedented access to Microsoft’s original lawsuit, such as Windows XP, which Microsoft’s headquarters for the next five programming language and thus will be able will have to be modified to comply with the years, at the company’s expense, and monitor to make Microsoft programs compatible with settlement. Microsoft’s behavior and compliance with their own. Competitors also benefit from the This case was supposedly brought on the settlement. provision that frees up computer behalf of American consumers. We have paid Most importantly, this settlement is fair to manufacturers to disable or uninstall any the price of litigation through our taxes. Our the computer users and consumers of Microsoft application or element of an investment portfolios have taken a hard hit America, on whose behalf the lawsuit was operating system and install other programs. during this battle, and now more than ever, allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against the country needs the economic stability this select a variety of pre-installed software on computer manufactures, ISPs, or other settlement can provide. This settlement is in their computers. It will also be easier to software developers for using products the public interest, and I urge the DOJ to substitute competitors? products after developed by Microsoft competitors. Plus, in submit the revised proposed Final Judgment purchase as well. The Judgment even covers an unprecedented enforcement clause, a to the U.S. District Court without change. issues and software that were not part of the Technical Committee will work out of Sincerely, original lawsuit, such as Windows XP, which Microsoft’s headquarters for the next five Larry Kelley will have to be modified to comply with the years, at the company’s expense, and monitor settlement. Microsoft’s behavior and compliance with MTC–00032210 This case was supposedly brought on the settlement. From: Carl Wittekind behalf of American consumers. We have paid Most importantly, this settlement is fair to To: Ms. Renata Hesse the price of litigation through our taxes. Our the computer users and consumers of Date: 12/5/01 10:11pm investment portfolios have taken a hard hit America, on whose behalf the lawsuit was Subject: Microsoft Settlement during this battle, and now more than ever, allegedly filed. Consumers will be able to Carl Wittekind the country needs the economic stability this select a variety of pre-installed software on 4672 Glenheath Dr, settlement can provide. This settlement is in their computers. It will also be easier to Kettering, Oh 45440–1981 the public interest, and I urge the DOJ to substitute competitors? products after December 6, 2001 submit the revised proposed Final Judgment purchase as well. The Judgment even covers Ms. Renata Hesse to the U.S. District Court without change. issues and software that were not part of the U.S. Department of Justice, Antitrust Division Sincerely, original lawsuit, such as Windows XP, which 601 D Street NW, Suite 1200 Carl S. Wittekind will have to be modified to comply with the Washington, DC 20530 settlement. Ms. Hesse: MTC–00032211 This case was supposedly brought on I would like to express my support for the From: Helen Farson behalf of American consumers. We have paid revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse the price of litigation through our taxes. Our v. Microsoft case. This lengthy litigation has Date: 12/5/01 10:19pm investment portfolios have taken a hard hit cost my fellow taxpayers and me more than Subject: Microsoft Settlement during this battle, and now more than ever, $35 million, and after reviewing the terms of Helen Farson the country needs the economic stability this this Judgment, final approval is clearly in the 917 N. Louise St., #402 settlement can provide. This settlement is in public interest. Glendale, CA 91207–2164 the public interest, and I urge the DOJ to Perhaps of greatest benefit to the American December 6, 2001 submit the revised proposed Final Judgment people, the Department of Justice (DOJ) and Ms. Renata Hesse to the U.S. District Court without change. the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division Sincerely, and now be able to focus their time and 601 D Street NW, Suite 1200 Helen E. Farson resources on matters of far greater national Washington, DC 20530 significance ? the war against terrorism, Ms. Hesse: MTC–00032212 including homeland security. As noted by I would like to express my support for the From: Lori Wright District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has Date: 12/5/01 11:20pm of September 11, it is vital for the country to cost my fellow taxpayers and me more than Subject: Microsoft Settlement move on from this lawsuit. The parties $35 million, and after reviewing the terms of Lori Wright worked extremely hard to reach this this Judgment, final approval is clearly in the 4216 Ferriday Ct agreement, which has the benefit of taking public interest. Raleigh, NC 27616–9517 effect immediately rather than months or Perhaps of greatest benefit to the American December 6, 2001 years from now when all appeals from people, the Department of Justice (DOJ) and Ms. Renata Hesse continuing the litigation would finally be the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division exhausted. and now be able to focus their time and 601 D Street NW, Suite 1200 The terms of the settlement offer a fair resources on matters of far greater national Washington, DC 20530 resolution for all sides of this case ? the DOJ, significance ? the war against terrorism, Ms. Hesse:
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I would like to express my support for the To: Ms. Renata Hesse the price of litigation through our taxes. Our revised proposed Final Judgment in the U.S. Date: 12/5/01 11:22pm investment portfolios have taken a hard hit v. Microsoft case. This lengthy litigation has Subject: Microsoft Settlement during this battle, and now more than ever, cost my fellow taxpayers and me more than Barbara Scruggs the country needs the economic stability this $35 million, and after reviewing the terms of 842 Mike Powers Road settlement can provide. This settlement is in this Judgment, final approval is clearly in the Grantville, GA 30220–1640 the public interest, and I urge the DOJ to public interest. December 6, 2001 submit the revised proposed Final Judgment Perhaps of greatest benefit to the American Ms. Renata Hesse to the U.S. District Court without change. people, the Department of Justice (DOJ) and U.S. Department of Justice, Antitrust Division Sincerely, the settling states will avoid additional costs 601 D Street NW, Suite 1200 Barbara Scruggs and now be able to focus their time and Washington, DC 20530 resources on matters of far greater national Ms. Hesse: MTC–00032214 significance ? the war against terrorism, I would like to express my support for the From: Jae Hawksworth including homeland security. As noted by revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse District Court Judge Colleen Kollar-Kotelly, v. Microsoft case. This lengthy litigation has Date: 12/6/01 12:04am who pushed for a settlement after the attacks cost my fellow taxpayers and me more than Subject: Microsoft Settlement of September 11, it is vital for the country to $35 million, and after reviewing the terms of Jae Hawksworth move on from this lawsuit. The parties this Judgment, final approval is clearly in the 1898 Penrose Drive worked extremely hard to reach this public interest. Fayetteville, NC 28304 agreement, which has the benefit of taking Perhaps of greatest benefit to the American December 6, 2001 effect immediately rather than months or people, the Department of Justice (DOJ) and Ms. Renata Hesse years from now when all appeals from the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division continuing the litigation would finally be and now be able to focus their time and 601 D Street NW, Suite 1200 exhausted. resources on matters of far greater national Washington, DC 20530 The terms of the settlement offer a fair significance – the war against Ms. Hesse: resolution for all sides of this case ? the DOJ, terrorism, including homeland security. As I would like to express my support for the the states, Microsoft, competitors, consumers noted by District Court Judge Colleen Kollar- revised proposed Final Judgment in the U.S. and taxpayers. Microsoft will not be broken Kotelly, who pushed for a settlement after the v. Microsoft case. This lengthy litigation has up and will be able to continue to innovate attacks of September 11, it is vital for the cost my fellow taxpayers and me more than and provide new software and products. country to move on from this lawsuit. The $35 million, and after reviewing the terms of Software developers and Internet service parties worked extremely hard to reach this this Judgment, final approval is clearly in the providers (ISPs), including competitors, will agreement, which has the benefit of taking public interest. have unprecedented access to Microsoft’s effect immediately rather than months or Perhaps of greatest benefit to the American programming language and thus will be able years from now when all appeals from people, the Department of Justice (DOJ) and to make Microsoft programs compatible with continuing the litigation would finally be the settling states will avoid additional costs their own. Competitors also benefit from the exhausted. and now be able to focus their time and provision that frees up computer The terms of the settlement offer a fair resources on matters of far greater national manufacturers to disable or uninstall any resolution for all sides of this case – significance ? the war against terrorism, Microsoft application or element of an the DOJ, the states, Microsoft, competitors, including homeland security. As noted by operating system and install other programs. consumers and taxpayers. Microsoft will not District Court Judge Colleen Kollar-Kotelly, In addition, Microsoft cannot retaliate against be broken up and will be able to continue to who pushed for a settlement after the attacks computer manufactures, ISPs, or other innovate and provide new software and of September 11, it is vital for the country to software developers for using products products. Software developers and Internet move on from this lawsuit. The parties developed by Microsoft competitors. Plus, in service providers (ISPs), including worked extremely hard to reach this an unprecedented enforcement clause, a competitors, will have unprecedented access agreement, which has the benefit of taking Technical Committee will work out of to Microsoft’s programming language effect immediately rather than months or Microsoft’s headquarters for the next five and thus will be able to make Microsoft years from now when all appeals from years, at the company’s expense, and monitor programs compatible with their own. continuing the litigation would finally be Microsoft’s behavior and compliance with Competitors also benefit from the provision exhausted. the settlement. that frees up computer manufacturers to The terms of the settlement offer a fair Most importantly, this settlement is fair to disable or uninstall any Microsoft application resolution for all sides of this case ? the DOJ, the computer users and consumers of or element of an operating system and install the states, Microsoft, competitors, consumers America, on whose behalf the lawsuit was other programs. In addition, Microsoft cannot and taxpayers. Microsoft will not be broken allegedly filed. Consumers will be able to retaliate against computer manufactures, up and will be able to continue to innovate select a variety of pre-installed software on ISPs, or other software developers for using and provide new software and products. their computers. It will also be easier to products developed by Microsoft Software developers and Internet service substitute competitors? products after competitors. Plus, in an unprecedented providers (ISPs), including competitors, will purchase as well. The Judgment even covers enforcement clause, a Technical Committee have unprecedented access to Microsoft’s issues and software that were not part of the will work out of Microsoft’s programming language and thus will be able original lawsuit, such as Windows XP, which headquarters for the next five years, at the to make Microsoft programs compatible with will have to be modified to comply with the company’s expense, and monitor their own. Competitors also benefit from the settlement. Microsoft‘s behavior and compliance provision that frees up computer This case was supposedly brought on with the settlement. manufacturers to disable or uninstall any behalf of American consumers. We have paid Most importantly, this settlement is fair to Microsoft application or element of an the price of litigation through our taxes. Our the computer users and consumers of operating system and install other programs. investment portfolios have taken a hard hit America, on whose behalf the lawsuit was In addition, Microsoft cannot retaliate against during this battle, and now more than ever, allegedly filed. Consumers will be able to computer manufactures, ISPs, or other the country needs the economic stability this select a variety of pre-installed software on software developers for using products settlement can provide. This settlement is in their computers. It will also be easier to developed by Microsoft competitors. Plus, in the public interest, and I urge the DOJ to substitute competitors’ products after an unprecedented enforcement clause, a submit the revised proposed Final Judgment purchase as well. The Judgment even covers Technical Committee will work out of to the U.S. District Court without change. issues and software that were not part of the Microsoft’s headquarters for the next five Sincerely, original lawsuit, such as Windows XP, which years, at the company’s expense, and monitor Lori Wright will have to be modified to comply with the Microsoft’s behavior and compliance with settlement. the settlement. MTC–00032213 This case was supposedly brought on Most importantly, this settlement is fair to From: Barbara Scruggs behalf of American consumers. We have paid the computer users and consumers of
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America, on whose behalf the lawsuit was operating system and install other programs. the DOJ, the states, Microsoft, competitors, allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against consumers and taxpayers. Microsoft will not select a variety of pre-installed software on computer manufactures, ISPs, or other be broken up and will be able to continue to their computers. It will also be easier to software developers for using products innovate and provide new software and substitute competitors? products after developed by Microsoft competitors. Plus, in products. Software developers and Internet purchase as well. The Judgment even covers an unprecedented enforcement clause, a service providers (ISPs), including issues and software that were not part of the Technical Committee will work out of competitors, will have unprecedented access original lawsuit, such as Windows XP, which Microsoft’s headquarters for the next five to Microsoft’s programming language will have to be modified to comply with the years, at the company’s expense, and monitor and thus will be able to make Microsoft settlement. Microsoft’s behavior and compliance with programs compatible with their own. This case was supposedly brought on the settlement. Competitors also benefit from the provision behalf of American consumers. We have paid Most importantly, this settlement is fair to that frees up computer manufacturers to the price of litigation through our taxes. Our the computer users and consumers of disable or uninstall any Microsoft application investment portfolios have taken a hard hit America, on whose behalf the lawsuit was or element of an operating system and install during this battle, and now more than ever, allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot the country needs the economic stability this select a variety of pre-installed software on retaliate against computer manufactures, settlement can provide. This settlement is in their computers. It will also be easier to ISPs, or other software developers for using the public interest, and I urge the DOJ to substitute competitors? products after products developed by Microsoft submit the revised proposed Final Judgment purchase as well. The Judgment even covers competitors. Plus, in an unprecedented to the U.S. District Court without change. issues and software that were not part of the enforcement clause, a Technical Committee Sincerely, original lawsuit, such as Windows XP, which will work out of Microsoft’s Jae Hawksworth will have to be modified to comply with the headquarters for the next five years, at the settlement. company’s expense, and monitor MTC–00032215 This case was supposedly brought on Microsoft‘s behavior and compliance From: James Demartini behalf of American consumers. We have paid with the settlement. To: Ms. Renata Hesse the price of litigation through our taxes. Our Most importantly, this settlement is fair to Date: 12/6/01 1:30am investment portfolios have taken a hard hit the computer users and consumers of Subject: Microsoft Settlement during this battle, and now more than ever, America, on whose behalf the lawsuit was James Demartini the country needs the economic stability this allegedly filed. Consumers will be able to 1500A Lafayette Road #151 settlement can provide. This settlement is in select a variety of pre-installed software on Portsmouth, NH 03801 the public interest, and I urge the DOJ to their computers. It will also be easier to December 6, 2001 submit the revised proposed Final Judgment substitute competitors’ products after Ms. Renata Hesse to the U.S. District Court without change. purchase as well. The Judgment even covers U.S. Department of Justice, Antitrust Division Sincerely, issues and software that were not part of the 601 D Street NW, Suite 1200 James Demartini original lawsuit, such as Windows XP, which Washington, DC 20530 will have to be modified to comply with the Ms. Hesse: MTC–00032216 settlement. I would like to express my support for the From: Jon Koppenhoefer This case was supposedly brought on revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse behalf of American consumers. We have paid v. Microsoft case. This lengthy litigation has Date: 12/6/01 2:10am the price of litigation through our taxes. Our cost my fellow taxpayers and me more than Subject: Microsoft Settlement investment portfolios have taken a hard hit $35 million, and after reviewing the terms of Jon Koppenhoefer during this battle, and now more than ever, this Judgment, final approval is clearly in the 264 Oakridge Drive the country needs the economic stability this public interest. Springfield, OH 45504–3916 settlement can provide. This settlement is in Perhaps of greatest benefit to the American December 6, 2001 the public interest, and I urge the DOJ to people, the Department of Justice (DOJ) and Ms. Renata Hesse submit the revised proposed Final Judgment the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division to the U.S. District Court without change. and now be able to focus their time and 601 D Street NW, Suite 1200 Sincerely, resources on matters of far greater national Washington, DC 20530 Jon Koppenhoefer significance ? the war against terrorism, Ms. Hesse: including homeland security. As noted by I would like to express my support for the MTC–00032217 District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. From: Gregory Larson-DOJ who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has To: Ms. Renata Hesse of September 11, it is vital for the country to cost my fellow taxpayers and me more than Date: 12/6/01 2:58am move on from this lawsuit. The parties $35 million, and after reviewing the terms of Subject: Microsoft Settlement worked extremely hard to reach this this Judgment, final approval is clearly in the Gregory Larson-DOJ agreement, which has the benefit of taking public interest. 3834 Fremont Ave. No. effect immediately rather than months or Perhaps of greatest benefit to the American Minneapolis, MN 55412–2043 years from now when all appeals from people, the Department of Justice (DOJ) and December 6, 2001 continuing the litigation would finally be the settling states will avoid additional costs Ms. Renata Hesse exhausted. and now be able to focus their time and U.S. Department of Justice, Antitrust Division The terms of the settlement offer a fair resources on matters of far greater national 601 D Street NW, Suite 1200 resolution for all sides of this case ? the DOJ, significance – the war against Washington, DC 20530 the states, Microsoft, competitors, consumers terrorism, including homeland security. As Ms. Hesse: and taxpayers. Microsoft will not be broken noted by District Court Judge Colleen Kollar- I would like to express my support for the up and will be able to continue to innovate Kotelly, who pushed for a settlement after the revised proposed Final Judgment in the U.S. and provide new software and products. attacks of September 11, it is vital for the v. Microsoft case. This lengthy litigation has Software developers and Internet service country to move on from this lawsuit. The cost my fellow taxpayers and me more than providers (ISPs), including competitors, will parties worked extremely hard to reach this $35 million, and after reviewing the terms of have unprecedented access to Microsoft’s agreement, which has the benefit of taking this Judgment, final approval is clearly in the programming language and thus will be able effect immediately rather than months or public interest. to make Microsoft programs compatible with years from now when all appeals from Perhaps of greatest benefit to the American their own. Competitors also benefit from the continuing the litigation would finally be people, the Department of Justice (DOJ) and provision that frees up computer exhausted. the settling states will avoid additional costs manufacturers to disable or uninstall any The terms of the settlement offer a fair and now be able to focus their time and Microsoft application or element of an resolution for all sides of this case – resources on matters of far greater national
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significance ? the war against terrorism, Ms. Hesse: MTC–00032219 including homeland security. As noted by I would like to express my support for the From: Andrew Warren District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has Date: 12/6/01 5:30am of September 11, it is vital for the country to cost my fellow taxpayers and me more than Subject: Microsoft Settlement move on from this lawsuit. The parties $35 million, and after reviewing the terms of Andrew Warren worked extremely hard to reach this this Judgment, final approval is clearly in the PO Box 476 agreement, which has the benefit of taking public interest. New Tripoli, Pa 18066 effect immediately rather than months or Perhaps of greatest benefit to the American December 6, 2001 years from now when all appeals from people, the Department of Justice (DOJ) and Ms. Renata Hesse continuing the litigation would finally be the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division exhausted. and now be able to focus their time and 601 D Street NW, Suite 1200 The terms of the settlement offer a fair resources on matters of far greater national Washington, DC 20530 resolution for all sides of this case ? the DOJ, significance – the war against Ms. Hesse: the states, Microsoft, competitors, consumers terrorism, including homeland security. As I would like to express my support for the and taxpayers. Microsoft will not be broken noted by District Court Judge Colleen Kollar- revised proposed Final Judgment in the U.S. up and will be able to continue to innovate Kotelly, who pushed for a settlement after the v. Microsoft case. This lengthy litigation has and provide new software and products. attacks of September 11, it is vital for the cost my fellow taxpayers and me more than Software developers and Internet service country to move on from this lawsuit. The $35 million, and after reviewing the terms of providers (ISPs), including competitors, will parties worked extremely hard to reach this this Judgment, final approval is clearly in the have unprecedented access to Microsoft’s agreement, which has the benefit of taking public interest. programming language and thus will be able effect immediately rather than months or Perhaps of greatest benefit to the American to make Microsoft programs compatible with years from now when all appeals from people, the Department of Justice (DOJ) and their own. Competitors also benefit from the continuing the litigation would finally be the settling states will avoid additional costs provision that frees up computer exhausted. and now be able to focus their time and manufacturers to disable or uninstall any The terms of the settlement offer a fair resources on matters of far greater national Microsoft application or element of an resolution for all sides of this case – significance – the war against operating system and install other programs. the DOJ, the states, Microsoft, competitors, terrorism, including homeland security. As In addition, Microsoft cannot retaliate against consumers and taxpayers. Microsoft will not noted by District Court Judge Colleen Kollar- computer manufactures, ISPs, or other be broken up and will be able to continue to Kotelly, who pushed for a settlement after the software developers for using products innovate and provide new software and attacks of September 11, it is vital for the developed by Microsoft competitors. Plus, in products. Software developers and Internet country to move on from this lawsuit. The an unprecedented enforcement clause, a service providers (ISPs), including parties worked extremely hard to reach this Technical Committee will work out of competitors, will have unprecedented access agreement, which has the benefit of taking Microsoft’s headquarters for the next five to Microsoft’s programming language effect immediately rather than months or years, at the company’s expense, and monitor and thus will be able to make Microsoft years from now when all appeals from Microsoft’s behavior and compliance with programs compatible with their own. continuing the litigation would finally be the settlement. Competitors also benefit from the provision exhausted. Most importantly, this settlement is fair to that frees up computer manufacturers to The terms of the settlement offer a fair the computer users and consumers of disable or uninstall any Microsoft application resolution for all sides of this case – America, on whose behalf the lawsuit was or element of an operating system and install the DOJ, the states, Microsoft, competitors, consumers and taxpayers. Microsoft will not allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot be broken up and will be able to continue to select a variety of pre-installed software on retaliate against computer manufactures, innovate and provide new software and their computers. It will also be easier to ISPs, or other software developers for using products. Software developers and Internet substitute competitors? products after products developed by Microsoft competitors. Plus, in an unprecedented service providers (ISPs), including purchase as well. The Judgment even covers competitors, will have unprecedented access enforcement clause, a Technical Committee issues and software that were not part of the to Microsoft’s programming language will work out of Microsoft’s original lawsuit, such as Windows XP, which and thus will be able to make Microsoft headquarters for the next five years, at the will have to be modified to comply with the programs compatible with their own. company’s expense, and monitor settlement. Competitors also benefit from the provision This case was supposedly brought on Microsoft‘s behavior and compliance that frees up computer manufacturers to behalf of American consumers. We have paid with the settlement. disable or uninstall any Microsoft application the price of litigation through our taxes. Our Most importantly, this settlement is fair to or element of an operating system and install investment portfolios have taken a hard hit the computer users and consumers of other programs. In addition, Microsoft cannot during this battle, and now more than ever, America, on whose behalf the lawsuit was retaliate against computer manufactures, the country needs the economic stability this allegedly filed. Consumers will be able to ISPs, or other software developers for using settlement can provide. This settlement is in select a variety of pre-installed software on products developed by Microsoft the public interest, and I urge the DOJ to their computers. It will also be easier to competitors. Plus, in an unprecedented submit the revised proposed Final Judgment substitute competitors’ products after enforcement clause, a Technical Committee to the U.S. District Court without change. purchase as well. The Judgment even covers will work out of Microsoft’s Sincerely, issues and software that were not part of the headquarters for the next five years, at the Gregory Larson original lawsuit, such as Windows XP, which company’s expense, and monitor will have to be modified to comply with the Microsoft‘s behavior and compliance MTC–00032218 settlement. This case was supposedly with the settlement. From: Daniel Bonham brought on behalf of American consumers. Most importantly, this settlement is fair to To: Ms. Renata Hesse We have paid the price of litigation through the computer users and consumers of Date: 12/6/01 5:00am our taxes. Our investment portfolios have America, on whose behalf the lawsuit was Subject: Microsoft Settlement taken a hard hit during this battle, and now allegedly filed. Consumers will be able to Daniel Bonham more than ever, the country needs the select a variety of pre-installed software on 7890 Joyce Drive economic stability this settlement can their computers. It will also be easier to Parma, OH 44130 provide. This settlement is in the public substitute competitors’ products after December 6, 2001 interest, and I urge the DOJ to submit the purchase as well. The Judgment even covers Ms. Renata Hesse revised proposed Final Judgment to the U.S. issues and software that were not part of the U.S. Department of Justice, Antitrust Division District Court without change. original lawsuit, such as Windows XP, which 601 D Street NW, Suite 1200 Sincerely, will have to be modified to comply with the Washington, DC 20530 Daniel Bonham settlement.
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This case was supposedly brought on Microsoft‘s behavior and compliance their own. Competitors also benefit from the behalf of American consumers. We have paid with the settlement. provision that frees up computer the price of litigation through our taxes. Our Most importantly, this settlement is fair to manufacturers to disable or uninstall any investment portfolios have taken a hard hit the computer users and consumers of Microsoft application or element of an during this battle, and now more than ever, America, on whose behalf the lawsuit was operating system and install other programs. the country needs the economic stability this allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against settlement can provide. This settlement is in select a variety of pre-installed software on computer manufactures, ISPs, or other the public interest, and I urge the DOJ to their computers. It will also be easier to software developers for using products submit the revised proposed Final Judgment substitute competitors’ products after developed by Microsoft competitors. Plus, in to the U.S. District Court without change. purchase as well. The Judgment even covers an unprecedented enforcement clause, a Sincerely, issues and software that were not part of the Technical Committee will work out of Andrew J Warren original lawsuit, such as Windows XP, which Microsoft’s headquarters for the next five will have to be modified to comply with the years, at the company’s expense, and monitor MTC–00032220 settlement. Microsoft’s behavior and compliance with From: Gwen Fisk This case was supposedly brought on the settlement. To: Ms. Renata Hesse behalf of American consumers. We have paid Most importantly, this settlement is fair to Date: 12/6/01 5:59am the price of litigation through our taxes. Our the computer users and consumers of Subject: Microsoft Settlement investment portfolios have taken a hard hit America, on whose behalf the lawsuit was Gwen Fisk during this battle, and now more than ever, allegedly filed. Consumers will be able to 1049 Longbranch Avenue the country needs the economic stability this select a variety of pre-installed software on Grover Beach, CA 93433 settlement can provide. This settlement is in their computers. It will also be easier to December 6, 2001 the public interest, and I urge the DOJ to substitute competitors? products after Ms. Renata Hesse submit the revised proposed Final Judgment purchase as well. The Judgment even covers U.S. Department of Justice, Antitrust Division to the U.S. District Court without change. issues and software that were not part of the 601 D Street NW, Suite 1200 Sincerely, original lawsuit, such as Windows XP, which Washington, DC 20530 Gwen Fisk will have to be modified to comply with the Ms. Hesse: settlement. I would like to express my support for the MTC–00032221 This case was supposedly brought on revised proposed Final Judgment in the U.S. From: Alton Turner behalf of American consumers. We have paid v. Microsoft case. This lengthy litigation has To: Ms. Renata Hesse the price of litigation through our taxes. Our cost my fellow taxpayers and me more than Date: 12/6/01 6:04am investment portfolios have taken a hard hit $35 million, and after reviewing the terms of Subject: Microsoft Settlement during this battle, and now more than ever, this Judgment, final approval is clearly in the Alton Turner the country needs the economic stability this public interest. 520 N. Park St. settlement can provide. This settlement is in Perhaps of greatest benefit to the American Crescent City, FL 32112–2226 the public interest, and I urge the DOJ to people, the Department of Justice (DOJ) and December 6, 2001 submit the revised proposed Final Judgment the settling states will avoid additional costs Ms. Renata Hesse to the U.S. District Court without change. and now be able to focus their time and U.S. Department of Justice, Antitrust Division Sincerely, resources on matters of far greater national 601 D Street NW, Suite 1200 Al;ton R. turner significance – the war against Washington, DC 20530 terrorism, including homeland security. As Ms. Hesse: MTC–00032222 noted by District Court Judge Colleen Kollar- I would like to express my support for the From: Andrew Boyd Kotelly, who pushed for a settlement after the revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse attacks of September 11, it is vital for the v. Microsoft case. This lengthy litigation has Date: 12/6/01 6:05am country to move on from this lawsuit. The cost my fellow taxpayers and me more than Subject: Microsoft Settlement parties worked extremely hard to reach this $35 million, and after reviewing the terms of Andrew Boyd agreement, which has the benefit of taking this Judgment, final approval is clearly in the 13 Fieldstone Rd. effect immediately rather than months or public interest. Elkton, MD 21921–8402 years from now when all appeals from Perhaps of greatest benefit to the American December 6, 2001 continuing the litigation would finally be people, the Department of Justice (DOJ) and Ms. Renata Hesse exhausted. the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division The terms of the settlement offer a fair and now be able to focus their time and 601 D Street NW, Suite 1200 resolution for all sides of this case – resources on matters of far greater national Washington, DC 20530 the DOJ, the states, Microsoft, competitors, significance ? the war against terrorism, Ms. Hesse: consumers and taxpayers. Microsoft will not including homeland security. As noted by I would like to express my support for the be broken up and will be able to continue to District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. innovate and provide new software and who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has products. Software developers and Internet of September 11, it is vital for the country to cost my fellow taxpayers and me more than service providers (ISPs), including move on from this lawsuit. The parties $35 million, and after reviewing the terms of competitors, will have unprecedented access worked extremely hard to reach this this Judgment, final approval is clearly in the to Microsoft’s programming language agreement, which has the benefit of taking public interest. and thus will be able to make Microsoft effect immediately rather than months or Perhaps of greatest benefit to the American programs compatible with their own. years from now when all appeals from people, the Department of Justice (DOJ) and Competitors also benefit from the provision continuing the litigation would finally be the settling states will avoid additional costs that frees up computer manufacturers to exhausted. and now be able to focus their time and disable or uninstall any Microsoft application The terms of the settlement offer a fair resources on matters of far greater national or element of an operating system and install resolution for all sides of this case ? the DOJ, significance ? the war against terrorism, other programs. In addition, Microsoft cannot the states, Microsoft, competitors, consumers including homeland security. As noted by retaliate against computer manufactures, and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, ISPs, or other software developers for using up and will be able to continue to innovate who pushed for a settlement after the attacks products developed by Microsoft and provide new software and products. of September 11, it is vital for the country to competitors. Plus, in an unprecedented Software developers and Internet service move on from this lawsuit. The parties enforcement clause, a Technical Committee providers (ISPs), including competitors, will worked extremely hard to reach this will work out of Microsoft’s have unprecedented access to Microsoft’s agreement, which has the benefit of taking headquarters for the next five years, at the programming language and thus will be able effect immediately rather than months or company’s expense, and monitor to make Microsoft programs compatible with years from now when all appeals from
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continuing the litigation would finally be Justice (DOJ) and the settling states will avoid Ms. Renata Hesse exhausted. additional costs and now be able to focus U.S. Department of Justice, Antitrust Division The terms of the settlement offer a fair their time and resources on matters of far 601 D Street NW, Suite 1200 resolution for all sides of this case ? the DOJ, greater national significance – the war Washington, DC 20530 the states, Microsoft, competitors, consumers against terrorism, including homeland Ms. Hesse: and taxpayers. Microsoft will not be broken security. As noted by District Court Judge I would like to express my support for the up and will be able to continue to innovate Colleen Kollar-Kotelly, who pushed for a revised proposed Final Judgment in the U.S. and provide new software and products. settlement after the attacks of September 11, v. Microsoft case. This lengthy litigation has Software developers and Internet service it is vital for the country to move on from this cost my fellow taxpayers and me more than providers (ISPs), including competitors, will lawsuit. The parties worked extremely hard $35 million, and after reviewing the terms of have unprecedented access to Microsoft’s to reach this agreement, which has the this Judgment, final approval is clearly in the programming language and thus will be able benefit of taking effect immediately rather public interest. Perhaps of greatest benefit to to make Microsoft programs compatible with than months or years from now when all the American people, the Department of their own. Competitors also benefit from the appeals from continuing the litigation would Justice (DOJ) and the settling states will avoid provision that frees up computer finally be exhausted. additional costs and now be able to focus manufacturers to disable or uninstall any The terms of the settlement offer a fair their time and resources on matters of far Microsoft application or element of an resolution for all sides of this case – greater national significance – the war operating system and install other programs. the DOJ, the states, Microsoft, competitors, against terrorism, including homeland In addition, Microsoft cannot retaliate against consumers and taxpayers. Microsoft will not security. As noted by District Court Judge computer manufactures, ISPs, or other be broken up and will be able to continue to Colleen Kollar-Kotelly, who pushed for a software developers for using products innovate and provide new software and settlement after the attacks of September 11, developed by Microsoft competitors. Plus, in products. Software developers and Internet it is vital for the country to move on from this an unprecedented enforcement clause, a service providers (ISPs), including lawsuit. The parties worked extremely hard Technical Committee will work out of competitors, will have unprecedented access to reach this agreement, which has the Microsoft’s headquarters for the next five to Microsoft’s programming language benefit of taking effect immediately rather years, at the company’s expense, and monitor and thus will be able to make Microsoft than months or years from now when all appeals from continuing the litigation would Microsoft’s behavior and compliance with programs compatible with their own. finally be exhausted. the settlement. Competitors also benefit from the provision The terms of the settlement offer a fair Most importantly, this settlement is fair to that frees up computer manufacturers to resolution for all sides of this case – the computer users and consumers of disable or uninstall any Microsoft application the DOJ, the states, Microsoft, competitors, America, on whose behalf the lawsuit was or element of an operating system and install consumers and taxpayers. Microsoft will not allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot be broken up and will be able to continue to select a variety of pre-installed software on retaliate against computer manufactures, innovate and provide new software and their computers. It will also be easier to ISPs, or other software developers for using products. Software developers and Internet substitute competitors? products after products developed by Microsoft service providers (ISPs), including purchase as well. The Judgment even covers competitors. Plus, in an unprecedented competitors, will have unprecedented access issues and software that were not part of the enforcement clause, a Technical Committee to Microsoft’s programming language original lawsuit, such as Windows XP, which will work out of Microsoft’s and thus will be able to make Microsoft will have to be modified to comply with the headquarters for the next five years, at the programs compatible with their own. settlement. company’s expense, and monitor Competitors also benefit from the provision This case was supposedly brought on Microsoft‘s behavior and compliance that frees up computer manufacturers to behalf of American consumers. We have paid with the settlement. disable or uninstall any Microsoft application the price of litigation through our taxes. Our Most importantly, this settlement is fair to or element of an operating system and install investment portfolios have taken a hard hit the computer users and consumers of other programs. In addition, Microsoft cannot during this battle, and now more than ever, America, on whose behalf the lawsuit was retaliate against computer manufactures, the country needs the economic stability this allegedly filed. Consumers will be able to ISPs, or other software developers for using settlement can provide. This settlement is in select a variety of pre-installed software on products developed by Microsoft the public interest, and I urge the DOJ to their computers. It will also be easier to competitors. Plus, in an unprecedented submit the revised proposed Final Judgment substitute competitors’ products after enforcement clause, a Technical Committee to the U.S. District Court without change. purchase as well. The Judgment even covers will work out of Microsoft’s Sincerely, issues and software that were not part of the headquarters for the next five years, at the Andrew Boyd original lawsuit, such as Windows XP, which company’s expense, and monitor will have to be modified to comply with the MTC–00032223 Microsoft‘s behavior and compliance settlement. with the settlement. From: Richard M. Scrofani This case was supposedly brought on Most importantly, this settlement is fair to To: Ms. Renata Hesse behalf of American consumers. We have paid the computer users and consumers of Date: 12/6/01 6:10am the price of litigation through our taxes. Our America, on whose behalf the lawsuit was Subject: Microsoft Settlement investment portfolios have taken a hard hit allegedly filed. Consumers will be able to Richard M. Scrofani during this battle, and now more than ever, select a variety of pre-installed software on 19 Wagne Place the country needs the economic stability this their computers. It will also be easier to Hawthorne, settlement can provide. This settlement is in substitute competitors’ products after NJ 07506–1333 the public interest, and I urge the DOJ to purchase as well. The Judgment even covers December 6, 2001 submit the revised proposed Final Judgment issues and software that were not part of the Ms. Renata Hesse to the U.S. District Court without change. original lawsuit, such as Windows XP, which U.S. Department of Justice, Antitrust Division Sincerely, will have to be modified to comply with the 601 D Street NW, Suite 1200 Richard M. Scrofani settlement. Washington, DC 20530 This case was supposedly brought on Ms. Hesse: MTC–00032224 behalf of American consumers. We have paid I would like to express my support for the From: Roger Daigger the price of litigation through our taxes. Our revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse investment portfolios have taken a hard hit v. Microsoft case. This lengthy litigation has Date: 12/6/01 6:22am during this battle, and now more than ever, cost my fellow taxpayers and me more than Subject: Microsoft Settlement the country needs the economic stability this $35 million, and after reviewing the terms of Roger Daigger settlement can provide. This settlement is in this Judgment, final approval is clearly in the 15814 Stagecoach Road the public interest, and I urge the DOJ to public interest. Perhaps of greatest benefit to Stagecoach, TX 77355–3370 submit the revised proposed Final Judgment the American people, the Department of December 6, 2001 to the U.S. District Court without change.
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Sincerely, will have to be modified to comply with the company’s expense, and monitor Roger W. Daigger settlement. This case was supposedly Microsoft‘s behavior and compliance brought on behalf of American consumers. with the settlement. MTC–00032225 We have paid the price of litigation through Most importantly, this settlement is fair to From: Richard Graves our taxes. Our investment portfolios have the computer users and consumers of To: Ms. Renata Hesse taken a hard hit during this battle, and now America, on whose behalf the lawsuit was Date: 12/6/01 6:23am more than ever, the country needs the allegedly filed. Consumers will be able to Subject: Microsoft Settlement economic stability this settlement can select a variety of pre-installed software on Richard Graves provide. This settlement is in the public their computers. It will also be easier to 125 Wildflower Lane interest, and I urge the DOJ to submit the substitute competitors’ products after Chillicothe, Oh 45601–4092 revised proposed Final Judgment to the U.S. purchase as well. The Judgment even covers December 6, 2001 District Court without change. issues and software that were not part of the Ms. Renata Hesse Sincerely, original lawsuit, such as Windows XP, which U.S. Department of Justice, Antitrust Division Richard E. Graves will have to be modified to comply with the 601 D Street NW, Suite 1200 settlement. Washington, DC 20530 MTC–00032226 This case was supposedly brought on Ms. Hesse: From: John Smith behalf of American consumers. We have paid I would like to express my support for the To: Ms. Renata Hesse the price of litigation through our taxes. Our revised proposed Final Judgment in the U.S. Date: 12/6/01 6:38am investment portfolios have taken a hard hit v. Microsoft case. This lengthy litigation has Subject: Microsoft Settlement during this battle, and now more than ever, cost my fellow taxpayers and me more than John Smith the country needs the economic stability this $35 million, and after reviewing the terms of 207 Fairway Circle settlement can provide. This settlement is in this Judgment, final approval is clearly in the Americus, Ga 31709–4592 the public interest, and I urge the DOJ to public interest. Perhaps of greatest benefit to December 6, 2001 submit the revised proposed Final Judgment the American people, the Department of Ms. Renata Hesse to the U.S. District Court without change. Justice (DOJ) and the settling states will avoid U.S. Department of Justice, Antitrust Division Sincerely, additional costs and now be able to focus 601 D Street NW, Suite 1200 John Bernard Smith their time and resources on matters of far Washington, DC 20530 greater national significance ? the war against Ms. Hesse: MTC–00032227 terrorism, including homeland security. As I would like to express my support for the From: Alberta Rademacher noted by District Court Judge Colleen Kollar- revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse Kotelly, who pushed for a settlement after the v. Microsoft case. This lengthy litigation has Date: 12/6/01 6:39am attacks of September 11, it is vital for the cost my fellow taxpayers and me more than Subject: Microsoft Settlement country to move on from this lawsuit. The $35 million, and after reviewing the terms of Alberta Rademacher parties worked extremely hard to reach this this Judgment, final approval is clearly in the P.O.Box 1012 agreement, which has the benefit of taking public interest. Perhaps of greatest benefit to Milford, Pa 18337–2012 effect immediately rather than months or the American people, the Department of December 6, 2001 years from now when all appeals from Justice (DOJ) and the settling states will avoid Ms. Renata Hesse continuing the litigation would finally be additional costs and now be able to focus U.S. Department of Justice, Antitrust Division exhausted. their time and resources on matters of far 601 D Street NW, Suite 1200 The terms of the settlement offer a fair greater national significance – the war Washington, DC 20530 resolution for all sides of this case ? the DOJ, against terrorism, including homeland Ms. Hesse: I would like to express my the states, Microsoft, competitors, consumers security. As noted by District Court Judge support for the revised proposed Final and taxpayers. Microsoft will not be broken Colleen Kollar-Kotelly, who pushed for a Judgment in the U.S. v. Microsoft case. This up and will be able to continue to innovate settlement after the attacks of September 11, lengthy litigation has cost my fellow and provide new software and products. it is vital for the country to move on from this taxpayers and me more than $35 million, and Software developers and Internet service lawsuit. The parties worked extremely hard after reviewing the terms of this Judgment, providers (ISPs), including competitors, will to reach this agreement, which has the final approval is clearly in the public have unprecedented access to Microsoft’s benefit of taking effect immediately rather interest. Perhaps of greatest benefit to the programming language and thus will be able than months or years from now when all American people, the Department of Justice to make Microsoft programs compatible with appeals from continuing the litigation would (DOJ) and the settling states will avoid their own. Competitors also benefit from the finally be exhausted. additional costs and now be able to focus provision that frees up computer The terms of the settlement offer a fair their time and resources on matters of far manufacturers to disable or uninstall any resolution for all sides of this case – greater national significance ? the war against Microsoft application or element of an the DOJ, the states, Microsoft, competitors, terrorism, including homeland security. As operating system and install other programs. consumers and taxpayers. Microsoft will not noted by District Court Judge Colleen Kollar- In addition, Microsoft cannot retaliate against be broken up and will be able to continue to Kotelly, who pushed for a settlement after the computer manufactures, ISPs, or other innovate and provide new software and attacks of September 11, it is vital for the software developers for using products products. Software developers and Internet country to move on from this lawsuit. The developed by Microsoft competitors. Plus, in service providers (ISPs), including parties worked extremely hard to reach this an unprecedented enforcement clause, a competitors, will have unprecedented access agreement, which has the benefit of taking Technical Committee will work out of to Microsoft’s programming language effect immediately rather than months or Microsoft’s headquarters for the next five and thus will be able to make Microsoft years from now when all appeals from years, at the company’s expense, and monitor programs compatible with their own. continuing the litigation would finally be Microsoft’s behavior and compliance with Competitors also benefit from the provision exhausted. the settlement. that frees up computer manufacturers to The terms of the settlement offer a fair Most importantly, this settlement is fair to disable or uninstall any Microsoft application resolution for all sides of this case ? the DOJ, the computer users and consumers of or element of an operating system and install the states, Microsoft, competitors, consumers America, on whose behalf the lawsuit was other programs. In addition, Microsoft cannot and taxpayers. Microsoft will not be broken allegedly filed. Consumers will be able to retaliate against computer manufactures, up and will be able to continue to innovate select a variety of pre-installed software on ISPs, or other software developers for using and provide new software and products. their computers. It will also be easier to products developed by Microsoft Software developers and Internet service substitute competitors? products after competitors. Plus, in an unprecedented providers (ISPs), including competitors, will purchase as well. The Judgment even covers enforcement clause, a Technical Committee have unprecedented access to Microsoft’s issues and software that were not part of the will work out of Microsoft’s programming language and thus will be able original lawsuit, such as Windows XP, which headquarters for the next five years, at the to make Microsoft programs compatible with
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their own. Competitors also benefit from the The terms of the settlement offer a fair their time and resources on matters of far provision that frees up computer resolution for all sides of this case – greater national significance – the war manufacturers to disable or uninstall any the DOJ, the states, Microsoft, competitors, against terrorism, including homeland Microsoft application or element of an consumers and taxpayers. Microsoft will not security. As noted by District Court Judge operating system and install other programs. be broken up and will be able to continue to Colleen Kollar-Kotelly, who pushed for a In addition, Microsoft cannot retaliate against innovate and provide new software and settlement after the attacks of September 11, computer manufactures, ISPs, or other products. Software developers and Internet it is vital for the country to move on from this software developers for using products service providers (ISPs), including lawsuit. The parties worked extremely hard developed by Microsoft competitors. Plus, in competitors, will have unprecedented access to reach this agreement, which has the an unprecedented enforcement clause, a to Microsoft’s programming language benefit of taking effect immediately rather Technical Committee will work out of and thus will be able to make Microsoft than months or years from now when all Microsoft’s headquarters for the next five programs compatible with their own. appeals from continuing the litigation would years, at the company’s expense, and monitor Competitors also benefit from the provision finally be exhausted. Microsoft’s behavior and compliance with that frees up computer manufacturers to The terms of the settlement offer a fair the settlement. disable or uninstall any Microsoft application resolution for all sides of this case – Most importantly, this settlement is fair to or element of an operating system and install the DOJ, the states, Microsoft, competitors, the computer users and consumers of other programs. In addition, Microsoft cannot consumers and taxpayers. Microsoft will not America, on whose behalf the lawsuit was retaliate against computer manufactures, be broken up and will be able to continue to allegedly filed. Consumers will be able to ISPs, or other software developers for using innovate and provide new software and select a variety of pre-installed software on products developed by Microsoft products. Software developers and Internet their computers. It will also be easier to competitors. Plus, in an unprecedented service providers (ISPs), including substitute competitors? products after enforcement clause, a Technical Committee competitors, will have unprecedented access purchase as well. The Judgment even covers will work out of Microsoft’s to Microsoft’s programming language issues and software that were not part of the headquarters for the next five years, at the and thus will be able to make Microsoft original lawsuit, such as Windows XP, which company’s expense, and monitor programs compatible with their own. will have to be modified to comply with the Microsoft‘s behavior and compliance Competitors also benefit from the provision settlement. with the settlement. that frees up computer manufacturers to This case was supposedly brought on Most importantly, this settlement is fair to disable or uninstall any Microsoft application behalf of American consumers. We have paid the computer users and consumers of or element of an operating system and install the price of litigation through our taxes. Our America, on whose behalf the lawsuit was other programs. In addition, Microsoft cannot investment portfolios have taken a hard hit allegedly filed. Consumers will be able to retaliate against computer manufactures, during this battle, and now more than ever, select a variety of pre-installed software on ISPs, or other software developers for using the country needs the economic stability this their computers. It will also be easier to products developed by Microsoft settlement can provide. This settlement is in substitute competitors’ products after competitors. Plus, in an unprecedented the public interest, and I urge the DOJ to submit the revised proposed Final Judgment purchase as well. The Judgment even covers enforcement clause, a Technical Committee to the U.S. District Court without change. issues and software that were not part of the will work out of Microsoft’s Sincerely, original lawsuit, such as Windows XP, which headquarters for the next five years, at the Alberta Rademacher will have to be modified to comply with the company’s expense, and monitor settlement. Microsoft‘s behavior and compliance MTC–00032228 This case was supposedly brought on with the settlement. From: Christine Tucker behalf of American consumers. We have paid Most importantly, this settlement is fair to To: Ms. Renata Hesse the price of litigation through our taxes. Our the computer users and consumers of Date: 12/6/01 6:48am investment portfolios have taken a hard hit America, on whose behalf the lawsuit was Subject: Microsoft Settlement during this battle, and now more than ever, allegedly filed. Consumers will be able to Christine Tucker the country needs the economic stability this select a variety of pre-installed software on 21 Lyman St. settlement can provide. This settlement is in their computers. It will also be easier to Waltham, MA 02452 the public interest, and I urge the DOJ to substitute competitors’ products after December 6, 2001 submit the revised proposed Final Judgment purchase as well. The Judgment even covers Ms. Renata Hesse to the U.S. District Court without change. issues and software that were not part of the U.S. Department of Justice, Antitrust Division Sincerely, original lawsuit, such as Windows XP, which 601 D Street NW, Suite 1200 Christine Tucker will have to be modified to comply with the settlement. Washington, DC 20530 MTC–00032229 Ms. Hesse: This case was supposedly brought on I would like to express my support for the From: Robert Fabrizio behalf of American consumers. We have paid revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse the price of litigation through our taxes. Our v. Microsoft case. This lengthy litigation has Date: 12/6/01 6:49am investment portfolios have taken a hard hit cost my fellow taxpayers and me more than Subject: Microsoft Settlement during this battle, and now more than ever, $35 million, and after reviewing the terms of Robert Fabrizio the country needs the economic stability this this Judgment, final approval is clearly in the 1100 S.E. 4th Ave. #23 settlement can provide. This settlement is in public interest. Perhaps of greatest benefit to Deerfield Beach, FL 33441 the public interest, and I urge the DOJ to the American people, the Department of December 6, 2001 submit the revised proposed Final Judgment Justice (DOJ) and the settling states will avoid Ms. Renata Hesse to the U.S. District Court without change. additional costs and now be able to focus U.S. Department of Justice, Antitrust Division Sincerely, their time and resources on matters of far 601 D Street NW, Suite 1200 Robert Fabrizio greater national significance – the war Washington, DC 20530 against terrorism, including homeland Ms. Hesse: MTC–00032231 security. As noted by District Court Judge I would like to express my support for the From: Odis McLean Colleen Kollar-Kotelly, who pushed for a revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse settlement after the attacks of September 11, v. Microsoft case. This lengthy litigation has Date: 12/6/01 7:32am it is vital for the country to move on from this cost my fellow taxpayers and me more than Subject: Microsoft Settlement lawsuit. The parties worked extremely hard $35 million, and after reviewing the terms of Odis McLean to reach this agreement, which has the this Judgment, final approval is clearly in the 1426 Marlene benefit of taking effect immediately rather public interest. Perhaps of greatest benefit to DeSoto, Tx 75115–2907 than months or years from now when all the American people, the Department of December 6, 2001 appeals from continuing the litigation would Justice (DOJ) and the settling states will avoid Ms. Renata Hesse finally be exhausted. additional costs and now be able to focus U.S. Department of Justice, Antitrust Division
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601 D Street NW, Suite 1200 MTC–00032232 brought on behalf of American consumers. Washington, DC 20530 From: Stephen Apple We have paid the price of litigation through Ms. Hesse: To: Ms. Renata Hesse our taxes. Our investment portfolios have I would like to express my support for the Date: 12/6/01 7:54am taken a hard hit during this battle, and now revised proposed Final Judgment in the U.S. Subject: Microsoft Settlement more than ever, the country needs the v. Microsoft case. This lengthy litigation has Stephen Apple economic stability this settlement can cost my fellow taxpayers and me more than 9908 Brandywine Circle provide. This settlement is in the public $35 million, and after reviewing the terms of Austin, TX 78750 interest, and I urge the DOJ to submit the this Judgment, final approval is clearly in the December 6, 2001 revised proposed Final Judgment to the U.S. public interest. Perhaps of greatest benefit to Ms. Renata Hesse District Court without change. the American people, the Department of U.S. Department of Justice, Antitrust Division Sincerely, Stephen Apple Justice (DOJ) and the settling states will avoid 601 D Street NW, Suite 1200 additional costs and now be able to focus Washington, DC 20530 MTC–00032233 their time and resources on matters of far Ms. Hesse: greater national significance ? the war against From: Jeremy Goemaat I would like to express my support for the To: Ms. Renata Hesse terrorism, including homeland security. As revised proposed Final Judgment in the U.S. noted by District Court Judge Colleen Kollar- Date: 12/6/01 8:21am v. Microsoft case. This lengthy litigation has Subject: Microsoft Settlement Kotelly, who pushed for a settlement after the cost my fellow taxpayers and me more than attacks of September 11, it is vital for the Jeremy Goemaat $35 million, and after reviewing the terms of PO Box 42306 country to move on from this lawsuit. The this Judgment, final approval is clearly in the parties worked extremely hard to reach this Urbandale, IA 50322 public interest. Perhaps of greatest benefit to December 6, 2001 agreement, which has the benefit of taking the American people, the Department of effect immediately rather than months or Ms. Renata Hesse Justice (DOJ) and the settling states will avoid U.S. Department of Justice, Antitrust Division years from now when all appeals from additional costs and now be able to focus continuing the litigation would finally be 601 D Street NW, Suite 1200 their time and resources on matters of far Washington, DC 20530 exhausted. greater national significance – the war The terms of the settlement offer a fair Ms. Hesse: against terrorism, including homeland I would like to express my support for the resolution for all sides of this case ? the DOJ, security. As noted by District Court Judge revised proposed Final Judgment in the U.S. the states, Microsoft, competitors, consumers Colleen Kollar-Kotelly, who pushed for a v. Microsoft case. This lengthy litigation has and taxpayers. Microsoft will not be broken settlement after the attacks of September 11, cost my fellow taxpayers and me more than up and will be able to continue to innovate it is vital for the country to move on from this $35 million, and after reviewing the terms of and provide new software and products. lawsuit. The parties worked extremely hard this Judgment, final approval is clearly in the Software developers and Internet service to reach this agreement, which has the public interest. Perhaps of greatest benefit to providers (ISPs), including competitors, will benefit of taking effect immediately rather the American people, the Department of have unprecedented access to Microsoft’s than months or years from now when all Justice (DOJ) and the settling states will avoid programming language and thus will be able appeals from continuing the litigation would additional costs and now be able to focus to make Microsoft programs compatible with finally be exhausted. their time and resources on matters of far their own. Competitors also benefit from the The terms of the settlement offer a fair greater national significance – the war provision that frees up computer resolution for all sides of this case – against terrorism, including homeland manufacturers to disable or uninstall any the DOJ, the states, Microsoft, competitors, security. As noted by District Court Judge Microsoft application or element of an consumers and taxpayers. Microsoft will not Colleen Kollar-Kotelly, who pushed for a operating system and install other programs. be broken up and will be able to continue to settlement after the attacks of September 11, In addition, Microsoft cannot retaliate against innovate and provide new software and it is vital for the country to move on from this computer manufactures, ISPs, or other products. Software developers and Internet lawsuit. The parties worked extremely hard software developers for using products service providers (ISPs), including to reach this agreement, which has the developed by Microsoft competitors. Plus, in competitors, will have unprecedented access benefit of taking effect immediately rather an unprecedented enforcement clause, a to Microsoft’s programming language than months or years from now when all Technical Committee will work out of and thus will be able to make Microsoft appeals from continuing the litigation would Microsoft’s headquarters for the next five programs compatible with their own. finally be exhausted. years, at the company’s expense, and monitor Competitors also benefit from the provision The terms of the settlement offer a fair Microsoft’s behavior and compliance with that frees up computer manufacturers to resolution for all sides of this case – the settlement. disable or uninstall any Microsoft application the DOJ, the states, Microsoft, competitors, Most importantly, this settlement is fair to or element of an operating system and install consumers and taxpayers. Microsoft will not the computer users and consumers of other programs. In addition, Microsoft cannot be broken up and will be able to continue to America, on whose behalf the lawsuit was retaliate against computer manufactures, innovate and provide new software and allegedly filed. Consumers will be able to ISPs, or other software developers for using products. Software developers and Internet select a variety of pre-installed software on products developed by Microsoft service providers (ISPs), including their computers. It will also be easier to competitors. Plus, in an unprecedented competitors, will have unprecedented access substitute competitors? products after enforcement clause, a Technical Committee to Microsoft’s programming language purchase as well. The Judgment even covers will work out of Microsoft’s and thus will be able to make Microsoft issues and software that were not part of the headquarters for the next five years, at the programs compatible with their own. original lawsuit, such as Windows XP, which company’s expense, and monitor Competitors also benefit from the provision will have to be modified to comply with the Microsoft‘s behavior and compliance that frees up computer manufacturers to settlement. with the settlement. disable or uninstall any Microsoft application This case was supposedly brought on Most importantly, this settlement is fair to or element of an operating system and install behalf of American consumers. We have paid the computer users and consumers of other programs. In addition, Microsoft cannot the price of litigation through our taxes. Our America, on whose behalf the lawsuit was retaliate against computer manufactures, investment portfolios have taken a hard hit allegedly filed. Consumers will be able to ISPs, or other software developers for using during this battle, and now more than ever, select a variety of pre-installed software on products developed by Microsoft the country needs the economic stability this their computers. It will also be easier to competitors. Plus, in an unprecedented settlement can provide. This settlement is in substitute competitors’ products after enforcement clause, a Technical Committee the public interest, and I urge the DOJ to purchase as well. The Judgment even covers will work out of Microsoft’s submit the revised proposed Final Judgment issues and software that were not part of the headquarters for the next five years, at the to the U.S. District Court without change. original lawsuit, such as Windows XP, which company’s expense, and monitor Sincerely, will have to be modified to comply with the Microsoft‘s behavior and compliance E. Odis McLean settlement. This case was supposedly with the settlement.
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Most importantly, this settlement is fair to that frees up computer manufacturers to The terms of the settlement offer a fair the computer users and consumers of disable or uninstall any Microsoft application resolution for all sides of this case ? the DOJ, America, on whose behalf the lawsuit was or element of an operating system and install the states, Microsoft, competitors, consumers allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot and taxpayers. Microsoft will not be broken select a variety of pre-installed software on retaliate against computer manufactures, up and will be able to continue to innovate their computers. It will also be easier to ISPs, or other software developers for using and provide new software and products. substitute competitors’ products after products developed by Microsoft Software developers and Internet service purchase as well. The Judgment even covers competitors. Plus, in an unprecedented providers (ISPs), including competitors, will issues and software that were not part of the enforcement clause, a Technical Committee have unprecedented access to Microsoft’s original lawsuit, such as Windows XP, which will work out of Microsoft’s programming language and thus will be able will have to be modified to comply with the headquarters for the next five years, at the to make Microsoft programs compatible with settlement. company’s expense, and monitor their own. Competitors also benefit from the This case was supposedly brought on Microsoft‘s behavior and compliance provision that frees up computer behalf of American consumers. We have paid with the settlement. manufacturers to disable or uninstall any the price of litigation through our taxes. Our Most importantly, this settlement is fair to Microsoft application or element of an investment portfolios have taken a hard hit the computer users and consumers of operating system and install other programs. during this battle, and now more than ever, America, on whose behalf the lawsuit was In addition, Microsoft cannot retaliate against the country needs the economic stability this allegedly filed. Consumers will be able to computer manufactures, ISPs, or other settlement can provide. This settlement is in select a variety of pre-installed software on software developers for using products the public interest, and I urge the DOJ to their computers. It will also be easier to developed by Microsoft competitors. Plus, in submit the revised proposed Final Judgment substitute competitors’ products after an unprecedented enforcement clause, a to the U.S. District Court without change. purchase as well. The Judgment even covers Technical Committee will work out of Sincerely, issues and software that were not part of the Microsoft’s headquarters for the next five Jeremy T. Goemaat original lawsuit, such as Windows XP, which years, at the company’s expense, and monitor will have to be modified to comply with the Microsoft’s behavior and compliance with MTC–00032234 settlement. the settlement. From: Rosa Mae Pennington This case was supposedly brought on Most importantly, this settlement is fair to To: Ms. Renata Hesse behalf of American consumers. We have paid the computer users and consumers of Date: 12/6/01 8:29am the price of litigation through our taxes. Our America, on whose behalf the lawsuit was Subject: Microsoft Settlement investment portfolios have taken a hard hit allegedly filed. Consumers will be able to Rosa Mae Pennington during this battle, and now more than ever, select a variety of pre-installed software on 1325 Dixieland Rd., #89 the country needs the economic stability this their computers. It will also be easier to Harlingen, TX 78552–3312 settlement can provide. This settlement is in substitute competitors? products after December 6, 2001 the public interest, and I urge the DOJ to purchase as well. The Judgment even covers Ms. Renata Hesse submit the revised proposed Final Judgment issues and software that were not part of the U.S. Department of Justice, Antitrust Division to the U.S. District Court without change. original lawsuit, such as Windows XP, which 601 D Street NW, Suite 1200 Sincerely, will have to be modified to comply with the Washington, DC 20530 Rosa Mae Pennington settlement. Ms. Hesse: This case was supposedly brought on I would like to express my support for the MTC–00032235 behalf of American consumers. We have paid revised proposed Final Judgment in the U.S. From: Patrick Whalen the price of litigation through our taxes. Our v. Microsoft case. This lengthy litigation has To: Ms. Renata Hesse investment portfolios have taken a hard hit cost my fellow taxpayers and me more than Date: 12/6/01 8:29am during this battle, and now more than ever, $35 million, and after reviewing the terms of Subject: Microsoft Settlement the country needs the economic stability this this Judgment, final approval is clearly in the Patrick Whalen settlement can provide. This settlement is in public interest. PO BOX 713 the public interest, and I urge the DOJ to Perhaps of greatest benefit to the American Boonton, NJ 07005 submit the revised proposed Final Judgment people, the Department of Justice (DOJ) and December 6, 2001 to the U.S. District Court without change. the settling states will avoid additional costs Ms. Renata Hesse Sincerely, and now be able to focus their time and U.S. Department of Justice, Antitrust Division Patrick E. Whalen resources on matters of far greater national 601 D Street NW, Suite 1200 significance – the war against Washington, DC 20530 MTC–00032236 terrorism, including homeland security. As Ms. Hesse: From: Jerold Ottley noted by District Court Judge Colleen Kollar- I would like to express my support for the To: Ms. Renata Hesse Kotelly, who pushed for a settlement after the revised proposed Final Judgment in the U.S. Date: 12/6/01 8:31am attacks of September 11, it is vital for the v. Microsoft case. This lengthy litigation has Subject: Microsoft Settlement country to move on from this lawsuit. The cost my fellow taxpayers and me more than Jerold Ottley parties worked extremely hard to reach this $35 million, and after reviewing the terms of 4952 S. 975 E. agreement, which has the benefit of taking this Judgment, final approval is clearly in the SALT LAKE CITY, UT 84117–5714 effect immediately rather than months or public interest. Perhaps of greatest benefit to December 6, 2001 years from now when all appeals from the American people, the Department of Ms. Renata Hesse continuing the litigation would finally be Justice (DOJ) and the settling states will avoid U.S. Department of Justice, Antitrust Division exhausted. additional costs and now be able to focus 601 D Street NW, Suite 1200 The terms of the settlement offer a fair their time and resources on matters of far Washington, DC 20530 resolution for all sides of this case – greater national significance ? the war against Ms. Hesse: the DOJ, the states, Microsoft, competitors, terrorism, including homeland security. As I would like to express my support for the consumers and taxpayers. Microsoft will not noted by District Court Judge Colleen Kollar- revised proposed Final Judgment in the U.S. be broken up and will be able to continue to Kotelly, who pushed for a settlement after the v. Microsoft case. This lengthy litigation has innovate and provide new software and attacks of September 11, it is vital for the cost my fellow taxpayers and me more than products. Software developers and Internet country to move on from this lawsuit. The $35 million, and after reviewing the terms of service providers (ISPs), including parties worked extremely hard to reach this this Judgment, final approval is clearly in the competitors, will have unprecedented access agreement, which has the benefit of taking public interest. Perhaps of greatest benefit to to Microsoft’s programming language effect immediately rather than months or the American people, the Department of and thus will be able to make Microsoft years from now when all appeals from Justice (DOJ) and the settling states will avoid programs compatible with their own. continuing the litigation would finally be additional costs and now be able to focus Competitors also benefit from the provision exhausted. their time and resources on matters of far
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greater national significance – the war Washington, DC 20530 MTC–00032238 against terrorism, including homeland Ms. Hesse: From: David Gray security. As noted by District Court Judge I would like to express my support for the To: Ms. Renata Hesse Colleen Kollar-Kotelly, who pushed for a revised proposed Final Judgment in the U.S. Date: 12/6/01 9:44am settlement after the attacks of September 11, v. Microsoft case. This lengthy litigation has Subject: Microsoft Settlement it is vital for the country to move on from this cost my fellow taxpayers and me more than David Gray lawsuit. The parties worked extremely hard $35 million, and after reviewing the terms of 792 Spanish Cove Drive to reach this agreement, which has the this Judgment, final approval is clearly in the Melbourne, FL 32940 benefit of taking effect immediately rather public interest. Perhaps of greatest benefit to December 6, 2001 than months or years from now when all the American people, the Department of Ms. Renata Hesse appeals from continuing the litigation would Justice (DOJ) and the settling states will avoid U.S. Department of Justice, Antitrust Division finally be exhausted. additional costs and now be able to focus 601 D Street NW, Suite 1200 The terms of the settlement offer a fair their time and resources on matters of far Washington, DC 20530 resolution for all sides of this case – greater national significance – the war Ms. Hesse: the DOJ, the states, Microsoft, competitors, against terrorism, including homeland I would like to express my support for the consumers and taxpayers. Microsoft will not security. As noted by District Court Judge revised proposed Final Judgment in the U.S. be broken up and will be able to continue to Colleen Kollar-Kotelly, who pushed for a v. Microsoft case. This lengthy litigation has innovate and provide new software and settlement after the attacks of September 11, cost my fellow taxpayers and me more than products. Software developers and Internet it is vital for the country to move on from this $35 million, and after reviewing the terms of service providers (ISPs), including lawsuit. The parties worked extremely hard this Judgment, final approval is clearly in the competitors, will have unprecedented access to reach this agreement, which has the public interest. Perhaps of greatest benefit to to Microsoft’s programming language benefit of taking effect immediately rather the American people, the Department of and thus will be able to make Microsoft than months or years from now when all Justice (DOJ) and the settling states will avoid programs compatible with their own. appeals from continuing the litigation would additional costs and now be able to focus Competitors also benefit from the provision finally be exhausted. their time and resources on matters of far that frees up computer manufacturers to The terms of the settlement offer a fair greater national significance – the war disable or uninstall any Microsoft application resolution for all sides of this case – against terrorism, including homeland or element of an operating system and install the DOJ, the states, Microsoft, competitors, security. As noted by District Court Judge other programs. In addition, Microsoft cannot consumers and taxpayers. Microsoft will not Colleen Kollar-Kotelly, who pushed for a retaliate against computer manufactures, be broken up and will be able to continue to settlement after the attacks of September 11, ISPs, or other software developers for using innovate and provide new software and it is vital for the country to move on from this products developed by Microsoft products. Software developers and Internet lawsuit. The parties worked extremely hard competitors. Plus, in an unprecedented service providers (ISPs), including to reach this agreement, which has the enforcement clause, a Technical Committee competitors, will have unprecedented access benefit of taking effect immediately rather will work out of Microsoft’s to Microsoft’s programming language than months or years from now when all headquarters for the next five years, at the and thus will be able to make Microsoft appeals from continuing the litigation would company’s expense, and monitor programs compatible with their own. finally be exhausted. Microsoft‘s behavior and compliance Competitors also benefit from the provision The terms of the settlement offer a fair with the settlement. that frees up computer manufacturers to resolution for all sides of this case – Most importantly, this settlement is fair to disable or uninstall any Microsoft application the DOJ, the states, Microsoft, competitors, the computer users and consumers of or element of an operating system and install consumers and taxpayers. Microsoft will not America, on whose behalf the lawsuit was other programs. In addition, Microsoft cannot be broken up and will be able to continue to allegedly filed. Consumers will be able to retaliate against computer manufactures, innovate and provide new software and select a variety of pre-installed software on ISPs, or other software developers for using products. Software developers and Internet their computers. It will also be easier to products developed by Microsoft service providers (ISPs), including substitute competitors’ products after competitors. Plus, in an unprecedented competitors, will have unprecedented access purchase as well. The Judgment even covers enforcement clause, a Technical Committee to Microsoft’s programming language issues and software that were not part of the will work out of Microsoft’s and thus will be able to make Microsoft original lawsuit, such as Windows XP, which headquarters for the next five years, at the programs compatible with their own. will have to be modified to comply with the company’s expense, and monitor Competitors also benefit from the provision settlement. Microsoft‘s behavior and compliance that frees up computer manufacturers to This case was supposedly brought on with the settlement. disable or uninstall any Microsoft application behalf of American consumers. We have paid Most importantly, this settlement is fair to or element of an operating system and install the price of litigation through our taxes. Our the computer users and consumers of other programs. In addition, Microsoft cannot investment portfolios have taken a hard hit America, on whose behalf the lawsuit was retaliate against computer manufactures, during this battle, and now more than ever, allegedly filed. Consumers will be able to ISPs, or other software developers for using the country needs the economic stability this select a variety of pre-installed software on products developed by Microsoft settlement can provide. This settlement is in their computers. It will also be easier to competitors. Plus, in an unprecedented the public interest, and I urge the DOJ to substitute competitors’ products after enforcement clause, a Technical Committee submit the revised proposed Final Judgment purchase as well. The Judgment even covers will work out of Microsoft’s to the U.S. District Court without change. issues and software that were not part of the headquarters for the next five years, at the Sincerely, original lawsuit, such as Windows XP, which company’s expense, and monitor Jerold Ottley will have to be modified to comply with the Microsoft‘s behavior and compliance settlement. with the settlement. MTC–00032237 This case was supposedly brought on Most importantly, this settlement is fair to From: Joyce Wice behalf of American consumers. We have paid the computer users and consumers of To: Ms. Renata Hesse the price of litigation through our taxes. Our America, on whose behalf the lawsuit was Date: 12/6/01 9:27am investment portfolios have taken a hard hit allegedly filed. Consumers will be able to Subject: Microsoft Settlement during this battle, and now more than ever, select a variety of pre-installed software on Joyce Wice the country needs the economic stability this their computers. It will also be easier to 6030 California Circle #101 settlement can provide. This settlement is in substitute competitors’ products after Rockville, Md 20852 the public interest, and I urge the DOJ to purchase as well. The Judgment even covers December 6, 2001 submit the revised proposed Final Judgment issues and software that were not part of the Ms. Renata Hesse to the U.S. District Court without change. original lawsuit, such as Windows XP, which U.S. Department of Justice, Antitrust Division Sincerely, will have to be modified to comply with the 601 D Street NW, Suite 1200 Joyce Wice settlement. This case was supposedly
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brought on behalf of American consumers. and provide new software and products. punishment is akin to the drug dealer giving We have paid the price of litigation through Software developers and Internet service away the first few highs to get his clients our taxes. Our investment portfolios have providers (ISPs), including competitors, will hooked!! taken a hard hit during this battle, and now have unprecedented access to Microsoft’s MTC–00032243 more than ever, the country needs the programming language and thus will be able economic stability this settlement can to make Microsoft programs compatible with From: Daniel Verbarg provide. This settlement is in the public their own. Competitors also benefit from the To: Microsoft ATR interest, and I urge the DOJ to submit the provision that frees up computer Date: 12/6/01 10:33am revised proposed Final Judgment to the U.S. manufacturers to disable or uninstall any Subject: Microsoft antitrust suit District Court without change. Microsoft application or element of an I may not know all the details of the Sincerely, operating system and install other programs. settlement, but I think this is just another David L. Gray In addition, Microsoft cannot retaliate against slap on the wrist for Microsoft. I do know in computer manufactures, ISPs, or other the settlement that the school systems do not MTC–00032239 software developers for using products have to use Microsoft products. Basically this From: Chuck Davis developed by Microsoft competitors. Plus, in settlement is a payoff for Microsoft. Microsoft To: Microsoft ATR an unprecedented enforcement clause, a is getting a few things out of this. Date: 12/6/01 10:17am Technical Committee will work out of One of the groups that is suing them is now Subject: Microsoft settlement Microsoft’s headquarters for the next five off of their back, Microsoft gets to look good Dear Sirs, years, at the company’s expense, and monitor by ‘‘donating’’ money to poor school systems, I heavily use Microsoft products both Microsoft’s behavior and compliance with they have an opportunity to take over another personally and professionally. Having the settlement. area of software that they are not the market supported computers for 35 years, I would Most importantly, this settlement is fair to leaders (school systems), and they proceed as like to state my opinion, as a private citizen the computer users and consumers of normal in their business practices. I am not regarding the Microsoft settlement. The America, on whose behalf the lawsuit was saying MS should be split up, but I’m not agreement, in which Microsoft will allegedly filed. Consumers will be able to against that either. They treat OEM’s and contribute it’s product to educational select a variety of pre-installed software on even consumers like crap. Just look at the facilities, gives Microsoft an unfair advantage their computers. It will also be easier to new licensing agreements. These new in those education facilities and is not at all substitute competitors? products after licensing agreements are just a slap in the a fair response to their monopolistic purchase as well. The Judgment even covers face of all them people settling their cases behavior. issues and software that were not part of the against MS. Thank you, original lawsuit, such as Windows XP, which Please do something that could get more Charles W. Davis will have to be modified to comply with the consumer choice in the OS and app market. [email protected] settlement. Thanks, This case was supposedly brought on Dan Verbarg Systems Admistrator PS—Don’t you think all the virus problems MTC–00032240 behalf of American consumers. We have paid are enough evidence that there needs to be From: KEN SCHNEIDER the price of litigation through our taxes. Our more choice and competition? To: Ms. Renata Hesse investment portfolios have taken a hard hit Date: 12/6/01 10:22am during this battle, and now more than ever, MTC–00032244 Subject: Microsoft Settlement the country needs the economic stability this From: Thomas S KEN SCHNEIDER settlement can provide. This settlement is in To: Microsoft ATR 181 PIONEER DR. the public interest, and I urge the DOJ to Date: 12/6/01 10:34am PORT LUDLOW, WA 98365 submit the revised proposed Final Judgment Subject: Remedy Case December 6, 2001 to the U.S. District Court without change. As an IT professional I need choices to Ms. Renata Hesse Sincerely, satisfy my work daily. MS has proven that U.S. Department of Justice, Antitrust Division KENNETH L. SCHNEIDER they are in direct violation of Anti-trust laws 601 D Street NW, Suite 1200 MTC–00032242 governing the denying the consume fo such Washington, DC 20530 choice by their use of strong arm tactics and Ms. Hesse: From: bray backdoor meetings. I strongly urgeyou to not I would like to express my support for the To: Microsoft ATR allow them acess to public schools in one revised proposed Final Judgment in the U.S. Date: 12/6/01 10:32am case and to strongly reprimand them in the v. Microsoft case. This lengthy litigation has Subject: microsoft settlement other. cost my fellow taxpayers and me more than The proposed settlement below is This is for the good of business and the IT $35 million, and after reviewing the terms of unacceptable as a solution to past community. this Judgment, final approval is clearly in the monopolistic practices by Microsoft. Regards, public interest. Perhaps of greatest benefit to ‘‘Not long after the DOJ settlement, L. Thomas Solet the American people, the Department of Microsoft announced it had agreed to another Justice (DOJ) and the settling states will avoid settlement regarding a separate class-action MTC–00032245 additional costs and now be able to focus suit brought against the company by From: Don Lex their time and resources on matters of far numerous parties that alleged overpricing of To: Microsoft ATR greater national significance ? the war against Microsoft products. Date: 12/6/01 10:37am Subject’’ One users terrorism, including homeland security. As The settlement forces Microsoft to donate opinion noted by District Court Judge Colleen Kollar- software, hardware, and services to Department of Justice, Kotelly, who pushed for a settlement after the America’s poorest schools.‘‘ RE: Microsoft Settlement attacks of September 11, it is vital for the This type of settlement would simply My thoughts are simple regarding this country to move on from this lawsuit. The introduce Microsoft to a market where they complicated software business. As I read parties worked extremely hard to reach this could further extend their monopoly. A from public sources for settlement details; agreement, which has the benefit of taking better solution would be for Microsoft to pay the settlement clearly fails to punish the effect immediately rather than months or a specific amout of money to each of these Microsoft enterprise for its corporate years from now when all appeals from poor school districts to be used for non- behavior. Time has gone bye and the justice continuing the litigation would finally be microsoft products only, such as computer system may have indeed forgotten about the exhausted. hardware. Then a company such as RedHat failed companies due to MicroSoft business The terms of the settlement offer a fair or Apple could donate software for these practices. All of the failed businesses led to resolution for all sides of this case ? the DOJ, systems or part of the Microsoft fine could be (1) lost competitive ideas, (2) lost the states, Microsoft, competitors, consumers used to purchase this software. employment, and (3) failed dreams. Long and taxpayers. Microsoft will not be broken Allowing Microsoft or any company to gone are companies like Netscape, Borland up and will be able to continue to innovate donate their own product as part of a fine or and others.
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Further the notion that MicroSoft would settlement Pat Montgomery give software operating systems, support and First I don’t understand the thought 28818 108th Ave. SE applications to the poorest schools appears to process of why this half way solution of Auburn WA 98092 increase the footprint of the Microsoft imposing some restriction on Microsoft is [email protected] monopoly. This may actually be worse than even thought about. Microsoft has shown in MTC–00032249 doing nothing. the past that they do not honor such I do not envy your team in finding restrictions or try to find a loophole, or turn From: Dave McCue resolution with this matter or the tobacco the words until it suits their needs. To: ‘‘microsoft.atr(a)usdoj.gov’’ matter, but please secure TRUE resolution. In Secondly and even more important I don’t Date: 12/6/01 10:40am my humble opinion, Microsoft needs to be understand the justice behind that. Here is Subject: Microsoft settlement broken into smaller companies like Judge someone has has been found guilty of a crime I want to tell you that I prefer RedHat’s Green did with AT&T. thank you for you and still show no remorse and we do not solution to the settlement of the anti-trust time and consideration, punish them as the law would call for, but case to the one announced by the DOJ early DON LEX strike a weak deal with them. In the past the in November. I think that the DOJ solution 5160 Carriage Dr. splitup of ATT was the best that could have would help expand Microsoft’s monopoly Richmond, CA 94803 happened to the customer because it into one of the few areas they don’t already reopened the market. My personal belief is control. Plus the cost to Microsoft to provide MTC–00032246 that this should happen to Microsoft as this this software is almost zero since they have From: Justin Hopper and Bogdana Manole (the breakup) would force the Mini-MS already recovered their investment through To: Microsoft ATR companies to compete and thus have positive regular sales. Date: 12/6/01 10:38am influence on the market. Thank you Subject: Absolute Outrage Here is how I could imagine how the David C. McCue I am a long-term software developer and market could be made better: Suppose Information Systems Manager user of Microsoft’s products, however that Microsoft got broken into 2 or more City of Paso Robles, CA does not blind me from their unjust business companies which in my opinion could be mailto:[email protected] practices. I have seen once strong products a) The OS (Windows) company
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Subject: Microsoft Settlement during this battle, and now more than ever, consumers and taxpayers. Microsoft will not William Roark the country needs the economic stability this be broken up and will be able to continue to 2705 Bluebell Cir. settlement can provide. This settlement is in innovate and provide new software and Antioch, CA 94531–6702 the public interest, and I urge the DOJ to products. Software developers and Internet December 6, 2001 submit the revised proposed Final Judgment service providers (ISPs), including Ms. Renata Hesse to the U.S. District Court without change. competitors, will have unprecedented access U.S. Department of Justice, Antitrust Division Sincerely, to Microsoft’s programming language 601 D Street NW, Suite 1200 William Roark and thus will be able to make Microsoft Washington, DC 20530 MTC–00032253 programs compatible with their own. Ms. Hesse: Competitors also benefit from the provision From: Bruce A Furnival I would like to express my support for the that frees up computer manufacturers to To: Microsoft ATR revised proposed Final Judgment in the U.S. disable or uninstall any Microsoft application Date: 12/6/01 10:43am v. Microsoft case. This lengthy litigation has or element of an operating system and install cost my fellow taxpayers and me more than Subject: Microsoft’s so called monopoly. Microsoft needs to be left alone. If anyone other programs. In addition, Microsoft cannot $35 million, and after reviewing the terms of retaliate against computer manufactures, this Judgment, final approval is clearly in the else in the computer world wants to make operating systems for consumers they can. ISPs, or other software developers for using public interest. Perhaps of greatest benefit to products developed by Microsoft the American people, the Department of They prefer to keep things complicated. competitors. Plus, in an unprecedented Justice (DOJ) and the settling states will avoid Yours truly, enforcement clause, a Technical Committee additional costs and now be able to focus Bruce Furnival will work out of Microsoft’s their time and resources on matters of far MTC–00032254 headquarters for the next five years, at the greater national significance – the war company’s expense, and monitor against terrorism, including homeland From: [email protected]@inetgw Microsoft‘s behavior and compliance security. As noted by District Court Judge To: Microsoft ATR Colleen Kollar-Kotelly, who pushed for a Date: 12/6/01 10:47am with the settlement. settlement after the attacks of September 11, Subject: Microsoft monopoly Most importantly, this settlement is fair to it is vital for the country to move on from this It is not difficult to understand that any the computer users and consumers of lawsuit. The parties worked extremely hard monopoly damages everybody. Only the America, on whose behalf the lawsuit was to reach this agreement, which has the presence of competitors force you to improve allegedly filed. Consumers will be able to benefit of taking effect immediately rather yours produtcs, limit your price, and to select a variety of pre-installed software on than months or years from now when all evaluate your costumers. Everybody has their computers. It will also be easier to appeals from continuing the litigation would benefit from the competition between AMD substitute competitors’ products after finally be exhausted. and INTEL. In the worse, exchange a fine for purchase as well. The Judgment even covers The terms of the settlement offer a fair a promotional tool, is the way to reinforce a issues and software that were not part of the resolution for all sides of this case – monopoly. original lawsuit, such as Windows XP, which Thanks, Bruno Angelin the DOJ, the states, Microsoft, competitors, will have to be modified to comply with the consumers and taxpayers. Microsoft will not MTC–00032255 settlement. be broken up and will be able to continue to This case was supposedly brought on From: bruce boyd behalf of American consumers. We have paid innovate and provide new software and To: Ms. Renata Hesse products. Software developers and Internet the price of litigation through our taxes. Our Date: 12/6/01 10:54am investment portfolios have taken a hard hit service providers (ISPs), including Subject: Microsoft Settlement competitors, will have unprecedented access during this battle, and now more than ever, bruce boyd the country needs the economic stability this to Microsoft’s programming language 107 high and thus will be able to make Microsoft settlement can provide. This settlement is in nb, ca 92663 the public interest, and I urge the DOJ to programs compatible with their own. December 6, 2001 submit the revised proposed Final Judgment Competitors also benefit from the provision Ms. Renata Hesse to the U.S. District Court without change. that frees up computer manufacturers to U.S. Department of Justice, Antitrust Division Sincerely, disable or uninstall any Microsoft application 601 D Street NW, Suite 1200 bruce boyd or element of an operating system and install Washington, DC 20530 other programs. In addition, Microsoft cannot Ms. Hesse: MTC–00032256 retaliate against computer manufactures, I would like to express my support for the From: Bob Garvey ISPs, or other software developers for using revised proposed Final Judgment in the U.S. To: Microsoft ATR products developed by Microsoft v. Microsoft case. This lengthy litigation has Date: 12/6/01 10:58am competitors. Plus, in an unprecedented cost my fellow taxpayers and me more than Subject: opinion enforcement clause, a Technical Committee $35 million, and after reviewing the terms of will work out of Microsoft’s this Judgment, final approval is clearly in the I called Gateway computers yesterday to headquarters for the next five years, at the public interest. Perhaps of greatest benefit to get a quote on a new PC. Once the price was company’s expense, and monitor the American people, the Department of established I asked how much it would be Microsoft‘s behavior and compliance Justice (DOJ) and the settling states will avoid without an operating system. They answered with the settlement. additional costs and now be able to focus that there is no difference in price. This is Most importantly, this settlement is fair to their time and resources on matters of far a monopolistic market. the computer users and consumers of greater national significance – the war I hear often, in the press, and in discussion America, on whose behalf the lawsuit was against terrorism, including homeland that Microsoft is an innovative company. allegedly filed. Consumers will be able to security. As noted by District Court Judge Microsoft brings forward that argument often. select a variety of pre-installed software on Colleen Kollar-Kotelly, who pushed for a Check the facts: Window -> Xerox, Mouse -> their computers. It will also be easier to settlement after the attacks of September 11, Xerox, SQL Server -> Sybase, FoxPro -> substitute competitors’ products after it is vital for the country to move on from this bought, VisualBasic -> bought. purchase as well. The Judgment even covers lawsuit. The parties worked extremely hard The windows operating system is issues and software that were not part of the to reach this agreement, which has the intergrated: by any standard except anti- original lawsuit, such as Windows XP, which benefit of taking effect immediately rather competitive / market driven that is not the will have to be modified to comply with the than months or years from now when all best design. settlement. appeals from continuing the litigation would Please put the arrogance of Microsoft in This case was supposedly brought on finally be exhausted. check. They are 10 steps ahead of the DOJ behalf of American consumers. We have paid The terms of the settlement offer a fair and gaining. the price of litigation through our taxes. Our resolution for all sides of this case – Bob Garvey investment portfolios have taken a hard hit the DOJ, the states, Microsoft, competitors, 816–914–3295
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MTC–00032257 I am not sure of what punishment I would Dept. of Health and Performance Sciences From: Arturo Rafael Martinez Retama place on Microsoft, but the current proposal Georgia Institute of Technology To: Microsoft ATR is only a short term punishment, with a long Atlanta, GA 30332–0356 Date: 12/6/01 11:05am term possible gain. [email protected] Subject: microsoft should be punished for its Have Microsoft develop/convert its most Voice: 404.385.2339 past monopolic practices popular softwares, Office, development tools, Fax: 404.894.9982 I think microsoft should be punished for its etc., to competing platforms. After a stated www.hps.gatech.edu past monopolic practices period of time, 3–5 years of support, MTC–00032263 Microsoft may stop support and MTC–00032258 enhancements. Microsoft would have to From: John Jones From: Bob Nixon publish the software into the open source To: Microsoft ATR To: Microsoft ATR community. Date: 12/6/01 11:15am Date: 12/6/01 11:08am Regards, Subject: An example must be set Subject: microsoft monopoly Gary Fanning To whom it may concern: The current settlement requiring microsoft Vice President If the courts let Microsoft go with a slap to donate software or hardware to poor Elevating Communications, Inc. on the wrist, Microsoft will feel free to schools only serves to further the company’s 918.587.0131 x102 continue with their antitrust practices. monopolistic position. Kids who grow up Indeed they are doing so even though a with the microsoft way of doing things are MTC–00032261 remedy has yet to be finalized. And why unlikely to change the way they compute From: Bruce L. Friedman shouldn’t they? The courts have yet to do later in life. Microsoft’s stifling pressure on To: Microsoft ATR anything to stand in their way, in my Netscape has forced one of the truly free Date: 12/6/01 11:11am opinion. browsers into the hands of the unscrupulous Subject: DOJ–MS Settlement Agreement It has been said that Microsoft could just and privacy invading marketing practices of Opinion move out of the country. I say fine, it would AOL (personal opinion). There are many fine I am told this is the forum for sending in be their undoing in my opinion. The US operating systems and browsers with public opinion for the proposed settlement. economy would not lose on this one. advantages far more practical and efficient I am a computer professional, familiar with Eventually a US company would step up to than Windows/Explorer: Unix , Linux and MS Windows (3.1, 95, 98, Me, NT, 2000, and take their place. But this new company Macintosh, to name a few. When a company XP) as well as with Linux from various would at least know the limits of what is reaches the size and power of Microsoft the distributions (RedHat, Slackware, etc.) and acceptable. question of free enterprise no longer applies Sun Solaris operating systems. I have been This has gone on far too long, please stop because their influence both monetarily and working professionally in the field for 16 this injustice as soon as possible. in terms of ubiquity allow them to slant the years and hold undergraduate and graduate Thanks. market as they choose. This is not the degrees in computer science. John Jones Cleveland, Ohio American way, as I understand it. (or, My feeling from reading the press reports perhaps it is but, according to the ideals on the settlement is that Microsoft having MTC–00032264 underpinning this country, should not be.) I been found guilty of monopolistic practices have grown up with computing. I learned my From: Tim VanAsselt is being penalized by having to donate first programming language in 1977. To: ‘‘microsoft.atr(a)usdoj.gov’’ software to schools. This doesn’t make sense. Computing can be a truly great tool but lets Date: 12/6/01 11:15am If the penalty’s purpose is to prevent them keep it free and clean and it’s marketing Subject: microsoft settlement from practicing as a monopoly in the future, practices fair. They have been shown to be If Microsoft operating systems division and I don’t see how that would do it. guilty, please impose real penalties which their application software division are not I think the only penalty that should matter don’t amplify their crime. separated then you will never see Microsoft should be financial. The real question should Robert Nixon applications (e.g. Office) run on other be—how much, and who is the beneficiary? operating systems such as Linux and Unix. MTC–00032259 I think education is an excellent choice for Not the case for the rest of the software From: Vance, Larry the recipient. As for how much, I can’t say. world. To: ‘‘microsoft.atr(a)usdoj.gov’’ However, it should be based upon the assets Tim Van Asselt Date: 12/6/01 11:10am and income of the corporation. I would think Mgr of software engineering Subject: Microsoft antitrust settlement that something on the order of half of the Enternet LLC I am a computer system administrator by corporate assests would not be overly profession and have been vexed by punishing given the impact they have had on MTC–00032265 Microsofts methods of anti-competetive the marketplace in the personal computer From: Frank Machado business practices. I do not feel that business. To: Ms. Renata Hesse Microsoft has been held responsible for the Sincerely, Date: 12/6/01 11:16am damage that they have inflicted on the Bruce Friedman Subject: Microsoft Settlement general computer industry and on the bruce—[email protected] Frank Machado 7171 SE Lillian Ct. exhorbitant costs that have been incurred by MTC–00032262 our society. I feel that the Department of Stuart, FL 34997 Justice has failed in their job to protect the From: Jay L. Alberts December 6, 2001 citizens of the United States of America for To: Microsoft ATR Ms. Renata Hesse non competitive practices from this Date: 12/6/01 11:12am U.S. Department of Justice, Antitrust Division corporation. Subject: Microsoft case 601 D Street NW, Suite 1200 Happy computing, Just a quick note to let the DOJ know that Washington, DC 20530 Larry Vance I am in favor of the proposed settlement of Ms. Hesse: 303–267–9801 (work) the Microsoft anti-trust case. This case has I would like to express my support for the 303–324–4310 (mobile) stalled innovation long enough. Thanks to revised proposed Final Judgment in the U.S. [email protected] the prevalence of Microsoft products I am v. Microsoft case. This lengthy litigation has able to effortlessly exchange files and cost my fellow taxpayers and me more than MTC–00032260 documents with colleagues around the world $35 million, and after reviewing the terms of From: Gary N Fanning when working on our research papers and this Judgment, final approval is clearly in the To: Microsoft ATR grants. These features only serve to improve public interest. Perhaps of greatest benefit to Date: 12/6/01 11:11am our work. the American people, the Department of Subject: DOJ/Microsoft Antitrust Settlement Sincerely, Justice (DOJ) and the settling states will avoid No. Do not allow Microsoft the opportunity Dr. Jay L. Alberts additional costs and now be able to focus of reaping a reward from a punishment. Jay L. Alberts, Ph.D. their time and resources on matters of far
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greater national significance ? the war against had agreed to another settlement regarding a In addition, Microsoft cannot retaliate against terrorism, including homeland security. As separate class-action suit brought against the computer manufactures, ISPs, or other noted by District Court Judge Colleen Kollar- company by numerous parties that alleged software developers for using products Kotelly, who pushed for a settlement after the overpricing of Microsoft products. On the developed by Microsoft competitors. Plus, in attacks of September 11, it is vital for the surface, the settlement forces Microsoft to an unprecedented enforcement clause, a country to move on from this lawsuit. The donate software, hardware, and services to Technical Committee will work out of parties worked extremely hard to reach this America’s poorest schools. However the Microsoft’s headquarters for the next five agreement, which has the benefit of taking settlement could simply introduce Microsoft years, at the company’s expense, and monitor effect immediately rather than months or to a market where they could further extend Microsoft’s behavior and compliance with years from now when all appeals from their monopoly. the settlement. continuing the litigation would finally be I am writing to support a counter-proposal Most importantly, this settlement is fair to exhausted. that Red Hat Inc. brought forward. In its the computer users and consumers of The terms of the settlement offer a fair counter-proposal, Red Hat offered to provide America, on whose behalf the lawsuit was resolution for all sides of this case ? the DOJ, free software to every school in America if allegedly filed. Consumers will be able to the states, Microsoft, competitors, consumers Microsoft provided the value of its donation select a variety of pre-installed software on and taxpayers. Microsoft will not be broken in hardware costs rather than its own their computers. It will also be easier to up and will be able to continue to innovate software. substitute competitors? products after and provide new software and products. Please consider this proposal seriously, for purchase as well. The Judgment even covers Software developers and Internet service the sake of the welfare of American schools issues and software that were not part of the providers (ISPs), including competitors, will and children. original lawsuit, such as Windows XP, which have unprecedented access to Microsoft’s Best Regards, will have to be modified to comply with the programming language and thus will be able Haifeng settlement. to make Microsoft programs compatible with This case was supposedly brought on their own. Competitors also benefit from the MTC–00032267 behalf of American consumers. We have paid provision that frees up computer From: George Klages manufacturers to disable or uninstall any the price of litigation through our taxes. Our To: Ms. Renata Hesse investment portfolios have taken a hard hit Microsoft application or element of an Date: 12/6/01 12:06pm operating system and install other programs. during this battle, and now more than ever, Subject: Microsoft Settlement the country needs the economic stability this In addition, Microsoft cannot retaliate against George Klages computer manufactures, ISPs, or other settlement can provide. This settlement is in Rt 1, Box 1680 the public interest, and I urge the DOJ to software developers for using products Fresno, TX 77545 developed by Microsoft competitors. Plus, in submit the revised proposed Final Judgment December 6, 2001 to the U.S. District Court without change. an unprecedented enforcement clause, a Ms. Renata Hesse Technical Committee will work out of Sincerely, U.S. Department of Justice, Antitrust Division George Klages Microsoft’s headquarters for the next five 601 D Street NW, Suite 1200 years, at the company’s expense, and monitor Washington, DC 20530 MTC–00032268 Microsoft’s behavior and compliance with Ms. Hesse: the settlement. From: I would like to express my support for the Most importantly, this settlement is fair to [email protected]@inetgw revised proposed Final Judgment in the U.S. the computer users and consumers of To: Microsoft ATR v. Microsoft case. This lengthy litigation has America, on whose behalf the lawsuit was Date: 12/6/01 12:45pm cost my fellow taxpayers and me more than allegedly filed. Consumers will be able to Subject: Settlement $35 million, and after reviewing the terms of select a variety of pre-installed software on Gentlemen, this Judgment, final approval is clearly in the their computers. It will also be easier to Microsoft was a monopoly, is still a public interest. Perhaps of greatest benefit to substitute competitors? products after monopoly and based on the settlement, will purchase as well. The Judgment even covers the American people, the Department of continue to be a monopoly. issues and software that were not part of the Justice (DOJ) and the settling states will avoid Microsoft does not follow most standards original lawsuit, such as Windows XP, which additional costs and now be able to focus but leaves things out or adds a twist to make will have to be modified to comply with the their time and resources on matters of far itself and other systems partially settlement. greater national significance the war against incompatible. This case was supposedly brought on terrorism, including homeland security. As Through software changes and bundling behalf of American consumers. We have paid noted by District Court Judge Colleen Kollar- they have driven out most of the competition. the price of litigation through our taxes. Our Kotelly, who pushed for a settlement after the Computer systems have been my career for investment portfolios have taken a hard hit attacks of September 11, it is vital for the over 25 years. during this battle, and now more than ever, country to move on from this lawsuit. The I believe the operating system should be the country needs the economic stability this parties worked extremely hard to reach this separated from the applications. As long as settlement can provide. This settlement is in agreement, which has the benefit of taking the operating system and applications come the public interest, and I urge the DOJ to effect immediately rather than months or from the same company, Microsoft will be a submit the revised proposed Final Judgment years from now when all appeals from monopoly. to the U.S. District Court without change. continuing the litigation would finally be Thank you Sincerely, exhausted. Dennis Kaminski Frank W. Machado The terms of the settlement offer a fair Manager Technical Support resolution for all sides of this case the DOJ, Siemens Dematic, Rapistan Division MTC–00032266 the states, Microsoft, competitors, consumers (616) 913–6431 From: Haifeng Xi and taxpayers. Microsoft will not be broken MTC–00032269 To: Microsoft ATR up and will be able to continue to innovate Date: 12/6/01 11:19am and provide new software and products. From: Linda Sorci Subject: A monopolist should be punished. Software developers and Internet service To: Ms. Renata Hesse Dear Sir/Madam, providers (ISPs), including competitors, will Date: 12/6/01 2:46pm The DOJ had previously found Microsoft to have unprecedented access to Microsoft’s Subject: Microsoft Settlement be a monopolist, but the settlement included programming language and thus will be able Linda Sorci no punishment for past actions. Isn’t that a to make Microsoft programs compatible with 1501 NW 79th Terrace bit weird? It left doubt as to its protections their own. Competitors also benefit from the Pembroke Pines, FL 33024 against future Microsoft monopolistic provision that frees up computer December 6, 2001 practices. manufacturers to disable or uninstall any Ms. Renata Hesse To make things even worse, not long after Microsoft application or element of an U.S. Department of Justice, Antitrust Division the DOJ settlement, Microsoft announced it operating system and install other programs. 601 D Street NW, Suite 1200
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Washington, DC 20530 noted by District Court Judge Colleen Kollar- v. Microsoft case. This lengthy litigation has Ms. Hesse: Kotelly, who pushed for a settlement after the cost my fellow taxpayers and me more than I would like to express my support for the attacks of September 11, it is vital for the $35 million, and after reviewing the terms of revised proposed Final Judgment in the U.S. country to move on from this lawsuit. The this Judgment, final approval is clearly in the v. Microsoft case. This lengthy litigation has parties worked extremely hard to reach this public interest. cost my fellow taxpayers and me more than agreement, which has the benefit of taking Perhaps of greatest benefit to the American $35 million, and after reviewing the terms of effect immediately rather than months or people, the Department of Justice (DOJ) and this Judgment, final approval is clearly in the years from now when all appeals from the settling states will avoid additional costs public interest. Perhaps of greatest benefit to continuing the litigation would finally be and now be able to focus their time and the American people, the Department of exhausted. resources on matters of far greater national Justice (DOJ) and the settling states will avoid The terms of the settlement offer a fair significance: the war against terrorism, additional costs and now be able to focus resolution for all sides of this case: the DOJ, including homeland security. As noted by their time and resources on matters of far the states, Microsoft, competitors, consumers District Court Judge Colleen Kollar-Kotelly, greater national significance: the war against and taxpayers. Microsoft will not be broken who pushed for a settlement after the attacks terrorism, including homeland security. As up and will be able to continue to innovate of September 11, it is vital for the country to noted by District Court Judge Colleen Kollar- and provide new software and products. move on from this lawsuit. The parties Kotelly, who pushed for a settlement after the Software developers and Internet service worked extremely hard to reach this attacks court over the years, you cannot trust providers (ISPs), including competitors, will agreement, which has the benefit of taking anythng they say. Thus, how can you trust have unprecedented access to Microsoft’s effect immediately rather than months or the settlement? MicroSoft was probably going programming language and thus will be able years from now when all appeals from to give 1 billion dollars to schools anyways. to make Microsoft programs compatible with continuing the litigation would finally be Then the settlement says they have to, which their own. exhausted. doesn’t make any sense, because they were Competitors also benefit from the provision The terms of the settlement offer a fair probably going to do it anyways. MicroSoft that frees up computer manufacturers to resolution for all sides of this case: the DOJ, has always tried to grab the educational disable or uninstall any Microsoft application the states, Microsoft, competitors, consumers or element of an operating system and install institutions, because when people graduate and taxpayers. Microsoft will not be broken other programs. In addition, Microsoft cannot from high school or college, they will stick up and will be able to continue to innovate retaliate against computer manufactures, with the software they know. Thus: 1. They and provide new software and products. ISPs, or other software developers for using were already going to do it anyways. 2. It Software developers and Internet service products developed by Microsoft inteferes with Apple’s ability to compete in providers (ISPs), including competitors, will competitors. Plus, in an unprecedented the education market. MicroSoft is entirely have unprecedented access to Microsoft’s enforcement clause, a Technical Committee evil and I would prefer, be destroyed. I programming language and thus will be able will work out of Microsoft’s headquarters for would like to see it get destroyed under a to make Microsoft programs compatible with the next five years, at the company’s expense, competitive market, rather than physcial their own. and monitor Microsoft’s behavior and force. I like to win my battles fairly. Given compliance with the settlement. Competitors also benefit from the provision the current republican administration, please Most importantly, this settlement is fair to that frees up computer manufacturers to do what makes the most sense for a the computer users and consumers of disable or uninstall any Microsoft application competitive market, which you should America, on whose behalf the lawsuit was or element of an operating system and install understand since you are republican, and just allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot don’t so stuff that benefits the rich fat select a variety of pre-installed software on retaliate against computer manufactures, republicans/corporations who have no regard their computers. It will also be easier to ISPs, or other software developers for using for our nation, just their pocketbook. I want substitute competitors’ products after products developed by Microsoft business to thrive for those who deserve it, purchase as well. The Judgment even covers competitors. Plus, in an unprecedented not those who are able to bribe/lie/cheat/steal issues and software that were not part of the enforcement clause, a Technical Committee their way into power because they have a lot original lawsuit, such as Windows XP, which will work out of Microsoft’s headquarters for fo money. will have to be modified to comply with the the next five years, at the company’s expense, Thanks! settlement. and monitor Microsoft’s behavior and Mark This case was supposedly brought on compliance with the settlement. Most importantly, this settlement is fair to MTC–00032455 behalf of American consumers. We have paid the price of litigation through our taxes. Our the computer users and consumers of From: John Schuck investment portfolios have taken a hard hit America, on whose behalf the lawsuit was To: Ms. Renata Hesse during this battle, and now more than ever, allegedly filed. Consumers will be able to Date: 1/9/02 12:08pm the country needs the economic stability this select a variety of pre-installed software on Subject: Microsoft Settlement settlement can provide. This settlement is in their computers. It will also be easier to John Schuck the public interest, and I urge the DOJ to substitute competitors’ products after P.O. Box 1516 submit the revised proposed Final Judgment purchase as well. The Judgment even covers North Conway, NH 03860 to the U.S. District Court without change. issues and software that were not part of the January 9, 2002 Sincerely, original lawsuit, such as Windows XP, which Ms. Renata Hesse Linda Sorci will have to be modified to comply with the U.S. Department of Justice, Antitrust Division settlement. 601 D Street NW, Suite 1200 Washington, DC MTC–00032270 This case was supposedly brought on 20530 From: Allison Volner behalf of American consumers. We have paid Ms. Hesse: I would like to express my To: Ms. Renata Hesse the price of litigation through our taxes. Our support for the revised proposed Final Date: 12/6/01 3:57pm investment portfolios have taken a hard hit Judgment in the U.S. v. Microsoft case. This Subject: Microsoft Settlement during this battle, and now more than ever, lengthy litigation has cost my fellow Allison Volner the country needs the economic stability this taxpayers and me more than $35 million, and 3115 Old Brownsville Rd. settlement can provide. This settlement is in after reviewing the terms of this Judgment, Bartlett, Tn 38134–8552 the public interest, and I urge the DOJ to final approval is clearly in the public December 6, 2001 submit the revised proposed Final Judgment interest. Perhaps of greatest benefit to the Ms. Renata Hesse to the U.S. District Court without change. American people, the Department of Justice U.S. Department of Justice, Antitrust Division Sincerely, (DOJ) and the settling states will avoid 601 D Street NW, Suite 1200 Allison D. Volner additional costs and now be able to focus Washington, DC 20530 their time and resources on matters of far Ms. Hesse: MTC–00032271 greater national significance the war against I would like to express my support for the From: Janie Irby terrorism, including homeland security. As revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse
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Date: 12/6/01 4:01pm more than ever, the country needs the America, on whose behalf the lawsuit was Subject: Microsoft Settlement economic stability this settlement can allegedly filed. Consumers will be able to Janie Irby provide. This settlement is in the public select a variety of pre-installed software on P.O Box 455 interest, and I urge the DOJ to submit the their computers. It will also be easier to Henry, TN 38231 revised proposed Final Judgment to the U.S. substitute competitors’ products after December 6, 2001 District Court without change. purchase as well. The Judgment even covers Ms. Renata Hesse Sincerely, issues and software that were not part of the U.S. Department of Justice, Antitrust Division Janie Irby original lawsuit, such as Windows XP, which 601 D Street NW, Suite 1200 will have to be modified to comply with the Washington, DC 20530 MTC–00032272 settlement. Ms. Hesse: From: Sally Grave This case was supposedly brought on I would like to express my support for the To: behalf of American consumers. We have paid revised proposed Final Judgment in the U.S. Ms. Renata Hesse the price of litigation through our taxes. Our v. Microsoft case. This lengthy litigation has Date: 12/6/01 4:02pm investment portfolios have taken a hard hit cost my fellow taxpayers and me more than Subject: Microsoft Settlement during this battle, and now more than ever, $35 million, and after reviewing the terms of Sally Grave the country needs the economic stability this this Judgment, final approval is clearly in the 611 Cook Hill Rd settlement can provide. This settlement is in public interest. Cheshire, Ct 06410 the public interest, and I urge the DOJ to Perhaps of greatest benefit to the American December 6, 2001 submit the revised proposed Final Judgment people, the Department of Justice (DOJ) and Ms. Renata Hesse to the U.S. District Court without change. the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division Sincerely, and now be able to focus their time and 601 D Street NW, Suite 1200 Sally Grave resources on matters of far greater national Washington, DC 20530 significance: the war against terrorism, Ms. Hesse: MTC–00032273 including homeland security. As noted by I would like to express my support for the From: R Craig Hudson District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has Date: 12/6/01 4:21pm of September 11, it is vital for the country to cost my fellow taxpayers and me more than Subject: Microsoft Settlement move on from this lawsuit. The parties $35 million, and after reviewing the terms of R Craig Hudson worked extremely hard to reach this this Judgment, final approval is clearly in the 15432 Coastal Highway agreement, which has the benefit of taking public interest. Milton, De 19968 effect immediately rather than months or Perhaps of greatest benefit to the American December 6, 2001 years from now when all appeals from people, the Department of Justice (DOJ) and Ms. Renata Hesse continuing the litigation would finally be the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division exhausted. The terms of the settlement offer and now be able to focus their time and 601 D Street NW, Suite 1200 a fair resolution for all sides of this case: the resources on matters of far greater national Washington, DC 20530 DOJ, the states, Microsoft, competitors, significance: the war against terrorism, Ms. Hesse: I would like to express my consumers and taxpayers. Microsoft will not including homeland security. As noted by support for the revised proposed Final be broken up and will be able to continue to District Court Judge Colleen Kollar-Kotelly, Judgment in the U.S. v. Microsoft case. This innovate and provide new software and who pushed for a settlement after the attacks lengthy litigation has cost my fellow products. Software developers and Internet of September 11, it is vital for the country to taxpayers and me more than $35 million, and service providers (ISPs), including move on from this lawsuit. The parties after reviewing the terms of this Judgment, competitors, will have unprecedented access worked extremely hard to reach this final approval is clearly in the public to Microsoft’s programming language and agreement, which has the benefit of taking interest. thus will be able to make Microsoft programs effect immediately rather than months or Perhaps of greatest benefit to the American compatible with their own. years from now when all appeals from people, the Department of Justice (DOJ) and Competitors also benefit from the provision continuing the litigation would finally be the settling states will avoid additional costs that frees up computer manufacturers to exhausted. and now be able to focus their time and disable or uninstall any Microsoft application The terms of the settlement offer a fair resources on matters of far greater national or element of an operating system and install resolution for all sides of this case: the DOJ, significance: the war against terrorism, other programs. In addition, Microsoft cannot the states, Microsoft, competitors, consumers including homeland security. As noted by retaliate against computer manufactures, and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, ISPs, or other software developers for using up and will be able to continue to innovate who pushed for a settlement after the attacks products developed by Microsoft and provide new software and products. of September 11, it is vital for the country to competitors. Plus, in an unprecedented Software developers and Internet service move on from this lawsuit. The parties enforcement clause, a Technical Committee providers (ISPs), including competitors, will worked extremely hard to reach this will work out of Microsoft’s headquarters for have unprecedented access to Microsoft’s agreement, which has the benefit of taking the next five years, at the company’s expense, programming language and thus will be able effect immediately rather than months or and monitor Microsoft’s behavior and to make Microsoft programs compatible with years from now when all appeals from compliance with the settlement. their own. Competitors also benefit from the continuing the litigation would finally be Most importantly, this settlement is fair to provision that frees up computer exhausted. the computer users and consumers of manufacturers to disable or uninstall any The terms of the settlement offer a fair America, on whose behalf the lawsuit was Microsoft application or element of an resolution for all sides of this case: the DOJ, allegedly filed. Consumers will be able to operating system and install other programs. the states, Microsoft, competitors, consumers select a variety of pre-installed software on In addition, Microsoft cannot retaliate against and taxpayers. Microsoft will not be broken their computers. It will also be easier to computer manufactures, ISPs, or other up and will be able to continue to innovate substitute competitors’ products after software developers for using products and provide new software and products. purchase as well. The Judgment even covers developed by Microsoft competitors. Plus, in Software developers and Internet service issues and software that were not part of the an unprecedented enforcement clause, a providers (ISPs), including competitors, will original lawsuit, such as Windows XP, which Technical Committee will work out of have unprecedented access to Microsoft’s will have to be modified to comply with the Microsoft’s headquarters for the next five programming language and thus will be able settlement. This case was supposedly years, at the company’s expense, and monitor to make Microsoft programs compatible with brought on behalf of American consumers. Microsoft’s behavior and compliance with their own. We have paid the price of litigation through the settlement. Competitors also benefit from the provision our taxes. Our investment portfolios have Most importantly, this settlement is fair to that frees up computer manufacturers to taken a hard hit during this battle, and now the computer users and consumers of disable or uninstall any Microsoft application
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or element of an operating system and install the states, Microsoft, competitors, consumers noted by District Court Judge Colleen Kollar- other programs. In addition, Microsoft cannot and taxpayers. Microsoft will not be broken Kotelly, who pushed for a settlement after the retaliate against computer manufactures, up and will be able to continue to innovate attacks of September 11, it is vital for the ISPs, or other software developers for using and provide new software and products. country to move on from this lawsuit. The products developed by Microsoft Software developers and Internet service parties worked extremely hard to reach this competitors. Plus, in an unprecedented providers (ISPs), including competitors, will agreement, which has the benefit of taking enforcement clause, a Technical Committee have unprecedented access to Microsoft’s effect immediately rather than months or will work out of Microsoft’s headquarters for programming language and thus will be able years from now when all appeals from the next five years, at the company’s expense, to make Microsoft programs compatible with continuing the litigation would finally be and monitor Microsoft’s behavior and their own. exhausted. The terms of the settlement offer compliance with the settlement. Competitors also benefit from the provision a fair resolution for all sides of this case: the Most importantly, this settlement is fair to that frees up computer manufacturers to DOJ, the states, Microsoft, competitors, the computer users and consumers of disable or uninstall any Microsoft application consumers and taxpayers. Microsoft will not America, on whose behalf the lawsuit was or element of an operating system and install be broken up and will be able to continue to allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot innovate and provide new software and select a variety of pre-installed software on retaliate against computer manufactures, products. Software developers and Internet their computers. It will also be easier to ISPs, or other software developers for using service providers (ISPs), including substitute competitors’ products after products developed by Microsoft competitors, will have unprecedented access purchase as well. The Judgment even covers competitors. Plus, in an unprecedented to Microsoft’s programming language and issues and software that were not part of the enforcement clause, a Technical Committee thus will be able to make Microsoft programs original lawsuit, such as Windows XP, which will work out of Microsoft’s headquarters for compatible with their own. will have to be modified to comply with the the next five years, at the company’s expense, Competitors also benefit from the provision settlement. and monitor Microsoft’s behavior and that frees up computer manufacturers to This case was supposedly brought on compliance with the settlement. disable or uninstall any Microsoft application behalf of American consumers. We have paid Most importantly, this settlement is fair to or element of an operating system and install the price of litigation through our taxes. Our the computer users and consumers of other programs. In addition, Microsoft cannot investment portfolios have taken a hard hit America, on whose behalf the lawsuit was retaliate against computer manufactures, during this battle, and now more than ever, allegedly filed. Consumers will be able to ISPs, or other software developers for using the country needs the economic stability this select a variety of pre-installed software on products developed by Microsoft settlement can provide. This settlement is in their computers. It will also be easier to competitors. Plus, in an unprecedented the public interest, and I urge the DOJ to substitute competitors’ products after enforcement clause, a Technical Committee submit the revised proposed Final Judgment purchase as well. The Judgment even covers will work out of Microsoft’s headquarters for to the U.S. District Court without change. issues and software that were not part of the the next five years, at the company’s expense, Sincerely, original lawsuit, such as Windows XP, which and monitor Microsoft’s behavior and R Craig Hudson will have to be modified to comply with the compliance with the settlement. settlement. Most importantly, this settlement is fair to MTC–00032274 This case was supposedly brought on the computer users and consumers of From: Richard Burke behalf of American consumers. We have paid America, on whose behalf the lawsuit was To: Ms. Renata Hesse the price of litigation through our taxes. Our allegedly filed. Consumers will be able to Date: 12/6/01 5:01pm investment portfolios have taken a hard hit select a variety of pre-installed software on Subject: Microsoft Settlement during this battle, and now more than ever, their computers. It will also be easier to Richard Burke the country needs the economic stability this substitute competitors’ products after 5396 S Calle Coro settlement can provide. This settlement is in purchase as well. The Judgment even covers Sierra Vista, AZ 85650–9048 the public interest, and I urge the DOJ to issues and software that were not part of the December 6, 2001 submit the revised proposed Final Judgment original lawsuit, such as Windows XP, which Ms. Renata Hesse to the U.S. District Court without change. will have to be modified to comply with the U.S. Department of Justice, Antitrust Division Sincerely, settlement. 601 D Street NW, Suite 1200 Richard W. Burke This case was supposedly brought on Washington, DC 20530 behalf of American consumers. We have paid Ms. Hesse: MTC–00032275 the price of litigation through our taxes. Our I would like to express my support for the From: Charles Boyette investment portfolios have taken a hard hit revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse during this battle, and now more than ever, v. Microsoft case. This lengthy litigation has Date: 12/6/01 5:28pm the country needs the economic stability this cost my fellow taxpayers and me more than Subject: Microsoft Settlement settlement can provide. This settlement is in $35 million, and after reviewing the terms of Charles Boyette the public interest, and I urge the DOJ to this Judgment, final approval is clearly in the 274 Steens Road submit the revised proposed Final Judgment public interest. Steens, MS 39766 to the U.S. District Court without change. Perhaps of greatest benefit to the American December 6, 2001 Sincerely, people, the Department of Justice (DOJ) and Ms. Renata Hesse Charles E. Boyette the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division and now be able to focus their time and 601 D Street NW, Suite 1200 MTC–00032276 resources on matters of far greater national Washington, DC 20530 From: Kevin Sheehan significance: the war against terrorism, Ms. Hesse: To: Ms. Renata Hesse including homeland security. As noted by I would like to express my support for the Date: 12/6/01 8:05pm District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. Subject: Microsoft Settlement who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has Kevin Sheehan of September 11, it is vital for the country to cost my fellow taxpayers and me more than 240C Brittany Farms Road move on from this lawsuit. The parties $35 million, and after reviewing the terms of New Britain, CT 06053 worked extremely hard to reach this this Judgment, final approval is clearly in the December 6, 2001 agreement, which has the benefit of taking public interest. Perhaps of greatest benefit to Ms. Renata Hesse effect immediately rather than months or the American people, the Department of U.S. Department of Justice, Antitrust Division years from now when all appeals from Justice (DOJ) and the settling states will avoid 601 D Street NW, Suite 1200 continuing the litigation would finally be additional costs and now be able to focus Washington, DC 20530 exhausted. their time and resources on matters of far Ms. Hesse: The terms of the settlement offer a fair greater national significance: the war against I would like to express my support for the resolution for all sides of this case: the DOJ, terrorism, including homeland security. As revised proposed Final Judgment in the U.S.
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v. Microsoft case. This lengthy litigation has Date: 12/6/01 8:27pm investment portfolios have taken a hard hit cost my fellow taxpayers and me more than Subject: Microsoft Settlement during this battle, and now more than ever, $35 million, and after reviewing the terms of Jill Merrell the country needs the economic stability this this Judgment, final approval is clearly in the 12 Way West Airpark settlement can provide. This settlement is in public interest. Bainbridge, IN 46105 the public interest, and I urge the DOJ to Perhaps of greatest benefit to the American December 6, 2001 submit the revised proposed Final Judgment people, the Department of Justice (DOJ) and Ms. Renata Hesse to the U.S. District Court without change. the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division Sincerely, and now be able to focus their time and 601 D Street NW, Suite 1200 Jill Merrell resources on matters of far greater national Washington, DC 20530 significance: the war against terrorism, Ms. Hesse: MTC–00032278 including homeland security. As noted by I would like to express my support for the From: raymond bykowski District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. To: Attorney General John Ashcroft who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has Date: 12/6/01 10:38pm of September 11, it is vital for the country to cost my fellow taxpayers and me more than Subject: Microsoft ruling move on from this lawsuit. The parties $35 million, and after reviewing the terms of Attorney General John Ashcroft worked extremely hard to reach this this Judgment, final approval is clearly in the Justice Department agreement, which has the benefit of taking public interest. Washington, DC effect immediately rather than months or Perhaps of greatest benefit to the American Dear Attorney General John Ashcroft: years from now when all appeals from people, the Department of Justice (DOJ) and Recently, the Department of Justice and continuing the litigation would finally be the settling states will avoid additional costs Microsoft hammered out a settlemrnt of exhausted. and now be able to focus their time and Microsoft’s antitrust lawsuit. I want to The terms of the settlement offer a fair resources on matters of far greater national express my support for this agreement, and resolution for all sides of this case: the DOJ, significance: the war against terrorism, ask you to oppose further hearings by the the states, Microsoft, competitors, consumers including homeland security. As noted by Juddiciary Committee. and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, The suit against Microsoft has gone on way up and will be able to continue to innovate who pushed for a settlement after the attacks to long. Microsoft has proven to be a and provide new software and products. of September 11, it is vital for the country to successful, forward-thinking company that Software developers and Internet service move on from this lawsuit. The parties empowers this country, gives it it’s providers (ISPs), including competitors, will worked extremely hard to reach this technological edge, and provides jobs for have unprecedented access to Microsoft’s agreement, which has the benefit of taking thousands of people. These workers are now programming language and thus will be able effect immediately rather than months or being punished for working for a successful to make Microsoft programs compatible with years from now when all appeals from company. In the proposed agreement, their own. Competitors also benefit from the continuing the litigation would finally be Microsoft has agreed to open up its Windows provision that frees up computer exhausted. features, make future versions easier to manufacturers to disable or uninstall any The terms of the settlement offer a fair install non Microsoft software and disclose Microsoft application or element of an resolution for all sides of this case: the DOJ, certain company internal interface operating system and install other programs. the states, Microsoft, competitors, consumers information, such as particular lines of code. In addition, Microsoft cannot retaliate against and taxpayers. Microsoft will not be broken This is more than enough. computer manufactures, ISPs, or other up and will be able to continue to innovate It is time to move on. We have more software developers for using products and provide new software and products. important things to spend our time and developed by Microsoft competitors. Plus, in Software developers and Internet service money on. an unprecedented enforcement clause, a providers (ISPs), including competitors, will Sincerely, Technical Committee will work out of have unprecedented access to Microsoft’s Raymond Bykowski Microsoft’s headquarters for the next five programming language and thus will be able 1350 Tower Hill Road years, at the company’s expense, and monitor to make Microsoft programs compatible with Brookfield, WI 53045 Microsoft’s behavior and compliance with their own. Email rayjames—[email protected] the settlement. Competitors also benefit from the provision MTC–00032280 Most importantly, this settlement is fair to that frees up computer manufacturers to the computer users and consumers of disable or uninstall any Microsoft application From: Kenneth Golubski America, on whose behalf the lawsuit was or element of an operating system and install To: Ms. Renata Hesse allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot Date: 12/7/01 3:45am select a variety of pre-installed software on retaliate against computer manufactures, Subject: Microsoft Settlement their computers. It will also be easier to ISPs, or other software developers for using Kenneth Golubski substitute competitors’ products after products developed by Microsoft 23743 Parkwood Dr purchase as well. The Judgment even covers competitors. Plus, in an unprecedented Columbia Station, OH 44028 issues and software that were not part of the enforcement clause, a Technical Committee December 7, 2001 original lawsuit, such as Windows XP, which will work out of Microsoft’s headquarters for Ms. Renata Hesse will have to be modified to comply with the the next five years, at the company’s expense, U.S. Department of Justice, Antitrust Division settlement. and monitor Microsoft’s behavior and 601 D Street NW, Suite 1200 This case was supposedly brought on compliance with the settlement. Washington, DC 20530 behalf of American consumers. We have paid Most importantly, this settlement is fair to Ms. Hesse: the price of litigation through our taxes. Our the computer users and consumers of I would like to express my support for the investment portfolios have taken a hard hit America, on whose behalf the lawsuit was revised proposed Final Judgment in the U.S. during this battle, and now more than ever, allegedly filed. Consumers will be able to v. Microsoft case. This lengthy litigation has the country needs the economic stability this select a variety of pre-installed software on cost my fellow taxpayers and me more than settlement can provide. This settlement is in their computers. It will also be easier to $35 million, and after reviewing the terms of the public interest, and I urge the DOJ to substitute competitors’ products after this Judgment, final approval is clearly in the submit the revised proposed Final Judgment purchase as well. The Judgment even covers public interest. to the U.S. District Court without change. issues and software that were not part of the Perhaps of greatest benefit to the American Sincerely, original lawsuit, such as Windows XP, which people, the Department of Justice (DOJ) and Kevin B. Sheehan will have to be modified to comply with the the settling states will avoid additional costs settlement. and now be able to focus their time and MTC–00032277 This case was supposedly brought on resources on matters of far greater national From: Jill Merrell behalf of American consumers. We have paid significance: the war against terrorism, To: Ms. Renata Hesse the price of litigation through our taxes. Our including homeland security. As noted by
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District Court Judge Colleen Kollar-Kotelly, v. Microsoft case. This lengthy litigation has Date: 12/7/01 6:16am who pushed for a settlement after the attacks cost my fellow taxpayers and me more than Subject: Microsoft Settlement of September 11, it is vital for the country to $35 million, and after reviewing the terms of Christina McEntire move on from this lawsuit. The parties this Judgment, final approval is clearly in the 7 Way West Rd. worked extremely hard to reach this public interest. Bainbridege, IN 46105 agreement, which has the benefit of taking Perhaps of greatest benefit to the American December 7, 2001 effect immediately rather than months or people, the Department of Justice (DOJ) and Ms. Renata Hesse years from now when all appeals from the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division continuing the litigation would finally be and now be able to focus their time and 601 D Street NW, Suite 1200 exhausted. resources on matters of far greater national Washington, DC 20530 The terms of the settlement offer a fair significance: the war against terrorism, Ms.Hesse: resolution for all sides of this case: the DOJ, including homeland security. As noted by I would like to express my support for the the states, Microsoft, competitors, consumers District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. and taxpayers. Microsoft will not be broken who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has up and will be able to continue to innovate of September 11, it is vital for the country to cost my fellow taxpayers and me more than and provide new software and products. move on from this lawsuit. The parties $35 million, and after reviewing the terms of Software developers and Internet service worked extremely hard to reach this this Judgment, final approval is clearly in the providers (ISPs), including competitors, will agreement, which has the benefit of taking public interest. have unprecedented access to Microsoft’s effect immediately rather than months or Perhaps of greatest benefit to the American programming language and thus will be able years from now when all appeals from people, the Department of Justice (DOJ) and to make Microsoft programs compatible with continuing the litigation would finally be the settling states will avoid additional costs their own. Competitors also benefit from the exhausted. and now be able to focus their time and provision that frees up computer The terms of the settlement offer a fair resources on matters of far greater national manufacturers to disable or uninstall any resolution for all sides of this case: the DOJ, significance: the war against terrorism, Microsoft application or element of an the states, Microsoft, competitors, consumers including homeland security. As noted by operating system and install other programs. and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, In addition, Microsoft cannot retaliate against up and will be able to continue to innovate who pushed for a settlement after the attacks computer manufactures, ISPs, or other and provide new software and products. of September 11, it is vital for the country to software developers for using products Software developers and Internet service move on from this lawsuit. The parties developed by Microsoft competitors. Plus, in providers (ISPs), including competitors, will worked extremely hard to reach this an unprecedented enforcement clause, a have unprecedented access to Microsoft’s agreement, which has the benefit of taking Technical Committee will work out of programming language and thus will be able effect immediately rather than months or Microsoft’s headquarters for the next five to make Microsoft programs compatible with years from now when all appeals from years, at the company’s expense, and monitor their own. Competitors also benefit from the continuing the litigation would finally be Microsoft’s behavior and compliance with exhausted. the settlement. provision that frees up computer The terms of the settlement offer a fair Most importantly, this settlement is fair to manufacturers to disable or uninstall any resolution for all sides of this case: the DOJ, the computer users and consumers of Microsoft application or element of an the states, Microsoft, competitors, consumers America, on whose behalf the lawsuit was operating system and install other programs. and taxpayers. Microsoft will not be broken allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against up and will be able to continue to innovate select a variety of pre-installed software on computer manufactures, ISPs, or other and provide new software and products. their computers. It will also be easier to software developers for using products Software developers and Internet service substitute competitors’ products after developed by Microsoft competitors. Plus, in providers (ISPs), including competitors, will purchase as well. The Judgment even covers an unprecedented enforcement clause, a have unprecedented access to Microsoft’s issues and software that were not part of the Technical Committee will work out of original lawsuit, such as Windows XP, which Microsoft’s headquarters for the next five programming language and thus will be able will have to be modified to comply with the years, at the company’s expense, and monitor to make Microsoft programs compatible with settlement. Microsoft’s behavior and compliance with their own. Competitors also benefit from the This case was supposedly brought on the settlement. provision that frees up computer behalf of American consumers. We have paid Most importantly, this settlement is fair to manufacturers to disable or uninstall any the price of litigation through our taxes. Our the computer users and consumers of Microsoft application or element of an investment portfolios have taken a hard hit America, on whose behalf the lawsuit was operating system and install other programs. during this battle, and now more than ever, allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against the country needs the economic stability this select a variety of pre-installed software on computer manufactures, ISPs, or other settlement can provide. This settlement is in their computers. It will also be easier to software developers for using products the public interest, and I urge the DOJ to substitute competitors’ products after developed by Microsoft competitors. Plus, in submit the revised proposed Final Judgment purchase as well. The Judgment even covers an unprecedented enforcement clause, a to the U.S. District Court without change. issues and software that were not part of the Technical Committee will work out of Sincerely, original lawsuit, such as Windows XP, which Microsoft’s headquarters for the next five Kenneth Golubski will have to be modified to comply with the years, at the company’s expense, and monitor settlement. Microsoft’s behavior and compliance with MTC–00032281 This case was supposedly brought on the settlement. From: Tom Friedman behalf of American consumers. We have paid Most importantly, this settlement is fair to To: Ms. Renata Hesse the price of litigation through our taxes. Our the computer users and consumers of Date: 12/7/01 5:46am investment portfolios have taken a hard hit America, on whose behalf the lawsuit was Subject: Microsoft Settlement during this battle, and now more than ever, allegedly filed. Consumers will be able to Tom Friedman the country needs the economic stability this select a variety of pre-installed software on 25 Whispering Spring Dr settlement can provide. This settlement is in their computers. It will also be easier to Pisgah Forest, , NC 28768–9502 the public interest, and I urge the DOJ to substitute competitors’ products after December 7, 2001 submit the revised proposed Final Judgment purchase as well. The Judgment even covers Ms. Renata Hesse to the U.S. District Court without change. issues and software that were not part of the U.S. Department of Justice, Antitrust Division Sincerely, original lawsuit, such as Windows XP, which 601 D Street NW, Suite 1200 T.M. Friedman will have to be modified to comply with the Washington, DC 20530 settlement. Ms. Hesse: MTC–00032282 This case was supposedly brought on I would like to express my support for the From: Christina McEntire behalf of American consumers. We have paid revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse the price of litigation through our taxes. Our
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investment portfolios have taken a hard hit America, on whose behalf the lawsuit was or element of an operating system and install during this battle, and now more than ever, allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot the country needs the economic stability this select a variety of pre-installed software on retaliate against computer manufactures, settlement can provide. This settlement is in their computers. It will also be easier to ISPs, or other software developers for using the public interest, and I urge the DOJ to substitute competitors’ products after products developed by Microsoft submit the revised proposed Final Judgment purchase as well. The Judgment even covers competitors. Plus, in an unprecedented to the U.S. District Court without change. issues and software that were not part of the enforcement clause, a Technical Committee Sincerely, original lawsuit, such as Windows XP, which will work out of Microsoft’s headquarters for Mrs. Christina McEntire will have to be modified to comply with the the next five years, at the company’s expense, settlement. and monitor Microsoft’s behavior and MTC–00032283 This case was supposedly brought on compliance with the settlement. From: Joe Giza behalf of American consumers. We have paid Most importantly, this settlement is fair to To: Ms. Renata Hesse the price of litigation through our taxes. Our the computer users and consumers of Date: 12/7/01 6:40am investment portfolios have taken a hard hit America, on whose behalf the lawsuit was Subject: Microsoft Settlement during this battle, and now more than ever, allegedly filed. Consumers will be able to Joe Giza the country needs the economic stability this select a variety of pre-installed software on 2612 Fait Avenue settlement can provide. This settlement is in their computers. It will also be easier to Baltimore, MD 21224–3725 the public interest, and I urge the DOJ to substitute competitors’ products after December 7, 2001 submit the revised proposed Final Judgment purchase as well. The Judgment even covers Ms. Renata Hesse to the U.S. District Court without change. issues and software that were not part of the U.S. Department of Justice, Antitrust Division Sincerely, original lawsuit, such as Windows XP, which 601 D Street NW, Suite 1200 Joe Giza will have to be modified to comply with the Washington, DC 20530 settlement. Ms. Hesse: MTC–00032284 This case was supposedly brought on I would like to express my support for the From: Fred Reich behalf of American consumers. We have paid revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse the price of litigation through our taxes. Our v. Microsoft case. This lengthy litigation has Date: 12/7/01 6:42am investment portfolios have taken a hard hit cost my fellow taxpayers and me more than Subject: Microsoft Settlement during this battle, and now more than ever, $35 million, and after reviewing the terms of Fred Reich the country needs the economic stability this this Judgment, final approval is clearly in the 718 Danville Circle settlement can provide. This settlement is in public interest. Melbourne, FL 32904 the public interest, and I urge the DOJ to Perhaps of greatest benefit to the American December 7, 2001 submit the revised proposed Final Judgment people, the Department of Justice (DOJ) and Ms. Renata Hesse to the U.S. District Court without change. the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division Sincerely, and now be able to focus their time and 601 D Street NW, Suite 1200 Fred Reich resources on matters of far greater national Washington, DC 20530 significance: the war against terrorism, Ms. Hesse: MTC–00032285 including homeland security. As noted by I would like to express my support for the From: Holly Evans District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has Date: 12/7/01 8:19am of September 11, it is vital for the country to cost my fellow taxpayers and me more than Subject: Microsoft Settlement move on from this lawsuit. The parties $35 million, and after reviewing the terms of Holly Evans worked extremely hard to reach this this Judgment, final approval is clearly in the 3601 Rip Ford Drive agreement, which has the benefit of taking public interest. Austin, TX 78732 effect immediately rather than months or Perhaps of greatest benefit to the American December 7, 2001 years from now when all appeals from people, the Department of Justice (DOJ) and Ms. Renata Hesse continuing the litigation would finally be the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division exhausted. and now be able to focus their time and 601 D Street NW, Suite 1200 The terms of the settlement offer a fair resources on matters of far greater national Washington, DC 20530 resolution for all sides of this case: the DOJ, significance: the war against terrorism, Ms. Hesse: the states, Microsoft, competitors, consumers including homeland security. As noted by I would like to express my support for the and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. up and will be able to continue to innovate who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has and provide new software and products. of September 11, it is vital for the country to cost my fellow taxpayers and me more than Software developers and Internet service move on from this lawsuit. The parties $35 million, and after reviewing the terms of providers (ISPs), including competitors, will worked extremely hard to reach this this Judgment, final approval is clearly in the have unprecedented access to Microsoft’s agreement, which has the benefit of taking public interest. programming language and thus will be able effect immediately rather than months or Perhaps of greatest benefit to the American to make Microsoft programs compatible with years from now when all appeals from people, the Department of Justice (DOJ) and their own. continuing the litigation would finally be the settling states will avoid additional costs Competitors also benefit from the provision exhausted. and now be able to focus their time and that frees up computer manufacturers to The terms of the settlement offer a fair resources on matters of far greater national disable or uninstall any Microsoft application resolution for all sides of this case: the DOJ, significance: the war against terrorism, or element of an operating system and install the states, Microsoft, competitors, consumers including homeland security. As noted by other programs. In addition, Microsoft cannot and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, retaliate against computer manufactures, up and will be able to continue to innovate who pushed for a settlement after the attacks ISPs, or other software developers for using and provide new software and products. of September 11, it is vital for the country to products developed by Microsoft Software developers and Internet service move on from this lawsuit. The parties competitors. Plus, in an unprecedented providers (ISPs), including competitors, will worked extremely hard to reach this enforcement clause, a Technical Committee have unprecedented access to Microsoft’s agreement, which has the benefit of taking will work out of Microsoft’s headquarters for programming language and thus will be able effect immediately rather than months or the next five years, at the company’s expense, to make Microsoft programs compatible with years from now when all appeals from and monitor Microsoft’s behavior and their own. continuing the litigation would finally be compliance with the settlement. Competitors also benefit from the provision exhausted. Most importantly, this settlement is fair to that frees up computer manufacturers to The terms of the settlement offer a fair the computer users and consumers of disable or uninstall any Microsoft application resolution for all sides of this case: the DOJ,
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the states, Microsoft, competitors, consumers including homeland security. As noted by I would like to express my support for the and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. up and will be able to continue to innovate who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has and provide new software and products. of September 11, it is vital for the country to cost my fellow taxpayers and me more than Software developers and Internet service move on from this lawsuit. The parties $35 million, and after reviewing the terms of providers (ISPs), including competitors, will worked extremely hard to reach this this Judgment, final approval is clearly in the have unprecedented access to Microsoft’s agreement, which has the benefit of taking public interest. programming language and thus will be able effect immediately rather than months or Perhaps of greatest benefit to the American to make Microsoft programs compatible with years from now when all appeals from people, the Department of Justice (DOJ) and their own. Competitors also benefit from the continuing the litigation would finally be the settling states will avoid additional costs provision that frees up computer exhausted. and now be able to focus their time and manufacturers to disable or uninstall any The terms of the settlement offer a fair resources on matters of far greater national Microsoft application or element of an resolution for all sides of this case: the DOJ, significance: the war against terrorism, operating system and install other programs. the states, Microsoft, competitors, consumers including homeland security. As noted by In addition, Microsoft cannot retaliate against and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, computer manufactures, ISPs, or other up and will be able to continue to innovate who pushed for a settlement after the attacks software developers for using products and provide new software and products. of September 11, it is vital for the country to developed by Microsoft competitors. Plus, in Software developers and Internet service move on from this lawsuit. The parties an unprecedented enforcement clause, a providers (ISPs), including competitors, will worked extremely hard to reach this Technical Committee will work out of have unprecedented access to Microsoft’s agreement, which has the benefit of taking Microsoft’s headquarters for the next five programming language and thus will be able effect immediately rather than months or years, at the company’s expense, and monitor to make Microsoft programs compatible with years from now when all appeals from Microsoft’s behavior and compliance with their own. Competitors also benefit from the continuing the litigation would finally be the settlement. provision that frees up computer exhausted. Most importantly, this settlement is fair to manufacturers to disable or uninstall any The terms of the settlement offer a fair the computer users and consumers of Microsoft application or element of an resolution for all sides of this case: the DOJ, the states, Microsoft, competitors, consumers America, on whose behalf the lawsuit was operating system and install other programs. and taxpayers. Microsoft will not be broken allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against up and will be able to continue to innovate select a variety of pre-installed software on computer manufactures, ISPs, or other and provide new software and products. their computers. It will also be easier to software developers for using products Software developers and Internet service substitute competitors’ products after developed by Microsoft competitors. Plus, in providers (ISPs), including competitors, will purchase as well. The Judgment even covers an unprecedented enforcement clause, a have unprecedented access to Microsoft’s issues and software that were not part of the Technical Committee will work out of programming language and thus will be able original lawsuit, such as Windows XP, which Microsoft’s headquarters for the next five to make Microsoft programs compatible with years, at the company’s expense, and monitor will have to be modified to comply with the their own. Competitors also benefit from the settlement. Microsoft’s behavior and compliance with provision that frees up computer This case was supposedly brought on the settlement. manufacturers to disable or uninstall any behalf of American consumers. We have paid Most importantly, this settlement is fair to Microsoft application or element of an the price of litigation through our taxes. Our the computer users and consumers of operating system and install other programs. investment portfolios have taken a hard hit America, on whose behalf the lawsuit was In addition, Microsoft cannot retaliate against during this battle, and now more than ever, allegedly filed. Consumers will be able to computer manufactures, ISPs, or other the country needs the economic stability this select a variety of pre-installed software on software developers for using products settlement can provide. This settlement is in their computers. It will also be easier to developed by Microsoft competitors. Plus, in the public interest, and I urge the DOJ to substitute competitors’ products after an unprecedented enforcement clause, a submit the revised proposed Final Judgment purchase as well. The Judgment even covers Technical Committee will work out of to the U.S. District Court without change. issues and software that were not part of the Microsoft’s headquarters for the next five Sincerely, original lawsuit, such as Windows XP, which years, at the company’s expense, and monitor Holly Evans will have to be modified to comply with the Microsoft’s behavior and compliance with settlement. MTC–00032286 the settlement. This case was supposedly brought on Most importantly, this settlement is fair to From: Mark D’Agostino behalf of American consumers. We have paid the computer users and consumers of To: Ms. Renata Hesse the price of litigation through our taxes. Our America, on whose behalf the lawsuit was Date: 12/7/01 9:50am investment portfolios have taken a hard hit allegedly filed. Consumers will be able to Subject: Microsoft Settlement during this battle, and now more than ever, select a variety of pre-installed software on Mark D’Agostino the country needs the economic stability this their computers. It will also be easier to 172 Middle Street #111 settlement can provide. This settlement is in substitute competitors’ products after Lowell, MA 01852 the public interest, and I urge the DOJ to purchase as well. The Judgment even covers December 7, 2001 submit the revised proposed Final Judgment issues and software that were not part of the Ms. Renata Hesse to the U.S. District Court without change. original lawsuit, such as Windows XP, which U.S. Department of Justice, Antitrust Division Sincerely, will have to be modified to comply with the 601 D Street NW, Suite 1200 Mark D’Agostino settlement. Washington, DC 20530 MTC–00032287 This case was supposedly brought on Ms. Hesse: behalf of American consumers. We have paid I would like to express my support for the From: Anthony Dominguez the price of litigation through our taxes. Our revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse investment portfolios have taken a hard hit v. Microsoft case. This lengthy litigation has Date: 12/7/01 9:51am during this battle, and now more than ever, cost my fellow taxpayers and me more than Subject: Microsoft Settlement the country needs the economic stability this $35 million, and after reviewing the terms of Anthony Dominguez settlement can provide. This settlement is in this Judgment, final approval is clearly in the 37 Upland Road the public interest, and I urge the DOJ to public interest. Holyoke, MA 01040 submit the revised proposed Final Judgment Perhaps of greatest benefit to the American December 7, 2001 to the U.S. District Court without change. people, the Department of Justice (DOJ) and Ms. Renata Hesse Sincerely, the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division Anthony Dominquez and now be able to focus their time and 601 D Street NW, Suite 1200 resources on matters of far greater national Washington, DC 20530 MTC–00032288 significance: the war against terrorism, Ms. Hesse: From: Peter Moon
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To: Ms. Renata Hesse the price of litigation through our taxes. Our America, on whose behalf the lawsuit was Date: 12/7/01 9:57am investment portfolios have taken a hard hit allegedly filed. Consumers will be able to Subject: Microsoft Settlement during this battle, and now more than ever, select a variety of pre-installed software on Peter Moon the country needs the economic stability this their computers. It will also be easier to 31 Bowker St settlement can provide. This settlement is in substitute competitors’ products after Lexington, MA 02421 the public interest, and I urge the DOJ to purchase as well. The Judgment even covers December 7, 2001 submit the revised proposed Final Judgment issues and software that were not part of the Ms. Renata Hesse to the U.S. District Court without change. original lawsuit, such as Windows XP, which U.S. Department of Justice, Antitrust Division Sincerely, will have to be modified to comply with the 601 D Street NW, Suite 1200 Peter Moon settlement. Washington, DC 20530 MTC–00032289 This case was supposedly brought on Ms. Hesse: behalf of American consumers. We have paid I would like to express my support for the From: Charles Ferebee the price of litigation through our taxes. Our revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse investment portfolios have taken a hard hit v. Microsoft case. This lengthy litigation has Date: 12/7/01 9:59am during this battle, and now more than ever, cost my fellow taxpayers and me more than Subject: Microsoft Settlement the country needs the economic stability this $35 million, and after reviewing the terms of Charles Ferebee settlement can provide. This settlement is in this Judgment, final approval is clearly in the 120 Coburn Woods the public interest, and I urge the DOJ to public interest. Nashua, NH 03063 submit the revised proposed Final Judgment Perhaps of greatest benefit to the American December 7, 2001 to the U.S. District Court without change. people, the Department of Justice (DOJ) and Ms. Renata Hesse Sincerely, U.S. Department of Justice, Antitrust Division the settling states will avoid additional costs Charles B. Ferebee and now be able to focus their time and 601 D Street NW, Suite 1200 resources on matters of far greater national Washington, DC 20530 MTC–00032290 significance: the war against terrorism, Ms. Hesse: From: Derek Kilstrom including homeland security. As noted by I would like to express my support for the To: Ms. Renata Hesse revised proposed Final Judgment in the U.S. District Court Judge Colleen Kollar-Kotelly, Date: 12/7/01 10:01am v. Microsoft case. This lengthy litigation has who pushed for a settlement after the attacks Subject: Microsoft Settlement cost my fellow taxpayers and me more than of September 11, it is vital for the country to Derek Kilstrom $35 million, and after reviewing the terms of move on from this lawsuit. The parties 18507 94th St Ct E this Judgment, final approval is clearly in the worked extremely hard to reach this Bonney Lake, WA 98390 public interest. agreement, which has the benefit of taking December 7, 2001 Perhaps of greatest benefit to the American effect immediately rather than months or Ms. Renata Hesse people, the Department of Justice (DOJ) and years from now when all appeals from U.S. Department of Justice, Antitrust Division the settling states will avoid additional costs continuing the litigation would finally be 601 D Street NW, Suite 1200 and now be able to focus their time and exhausted. resources on matters of far greater national Washington, DC 20530 The terms of the settlement offer a fair significance: the war against terrorism, Ms. Hesse: resolution for all sides of this case: the DOJ, including homeland security. As noted by I would like to express my support for the the states, Microsoft, competitors, consumers District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. and taxpayers. Microsoft will not be broken who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has up and will be able to continue to innovate of September 11, it is vital for the country to cost my fellow taxpayers and me more than and provide new software and products. move on from this lawsuit. The parties $35 million, and after reviewing the terms of Software developers and Internet service worked extremely hard to reach this this Judgment, final approval is clearly in the providers (ISPs), including competitors, will agreement, which has the benefit of taking public interest. have unprecedented access to Microsoft’s effect immediately rather than months or Perhaps of greatest benefit to the American programming language and thus will be able years from now when all appeals from people, the Department of Justice (DOJ) and to make Microsoft programs compatible with continuing the litigation would finally be the settling states will avoid additional costs their own. Competitors also benefit from the exhausted. and now be able to focus their time and provision that frees up computer The terms of the settlement offer a fair resources on matters of far greater national manufacturers to disable or uninstall any resolution for all sides of this case: the DOJ, significance: the war against terrorism, Microsoft application or element of an the states, Microsoft, competitors, consumers including homeland security. As noted by operating system and install other programs. and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, In addition, Microsoft cannot retaliate against up and will be able to continue to innovate who pushed for a settlement after the attacks computer manufactures, ISPs, or other and provide new software and products. of September 11, it is vital for the country to software developers for using products Software developers and Internet service move on from this lawsuit. The parties developed by Microsoft competitors. Plus, in providers (ISPs), including competitors, will worked extremely hard to reach this an unprecedented enforcement clause, a have unprecedented access to Microsoft’s agreement, which has the benefit of taking Technical Committee will work out of programming language and thus will be able effect immediately rather than months or Microsoft’s headquarters for the next five to make Microsoft programs compatible with years from now when all appeals from years, at the company’s expense, and monitor their own. Competitors also benefit from the continuing the litigation would finally be Microsoft’s behavior and compliance with provision that frees up computer exhausted. the settlement. manufacturers to disable or uninstall any The terms of the settlement offer a fair Most importantly, this settlement is fair to Microsoft application or element of an resolution for all sides of this case: the DOJ, the computer users and consumers of operating system and install other programs. the states, Microsoft, competitors, consumers America, on whose behalf the lawsuit was In addition, Microsoft cannot retaliate against and taxpayers. Microsoft will not be broken allegedly filed. Consumers will be able to computer manufactures, ISPs, or other up and will be able to continue to innovate select a variety of pre-installed software on software developers for using products and provide new software and products. their computers. It will also be easier to developed by Microsoft competitors. Plus, in Software developers and Internet service substitute competitors’ products after an unprecedented enforcement clause, a providers (ISPs), including competitors, will purchase as well. The Judgment even covers Technical Committee will work out of have unprecedented access to Microsoft’s issues and software that were not part of the Microsoft’s headquarters for the next five programming language and thus will be able original lawsuit, such as Windows XP, which years, at the company’s expense, and monitor to make Microsoft programs compatible with will have to be modified to comply with the Microsoft’s behavior and compliance with their own. Competitors also benefit from the settlement. the settlement. provision that frees up computer This case was supposedly brought on Most importantly, this settlement is fair to manufacturers to disable or uninstall any behalf of American consumers. We have paid the computer users and consumers of Microsoft application or element of an
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operating system and install other programs. the states, Microsoft, competitors, consumers including homeland security. As noted by In addition, Microsoft cannot retaliate against and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, computer manufactures, ISPs, or other up and will be able to continue to innovate who pushed for a settlement after the attacks software developers for using products and provide new software and products. of September 11, it is vital for the country to developed by Microsoft competitors. Plus, in Software developers and Internet service move on from this lawsuit. The parties an unprecedented enforcement clause, a providers (ISPs), including competitors, will worked extremely hard to reach this Technical Committee will work out of have unprecedented access to Microsoft’s agreement, which has the benefit of taking Microsoft’s headquarters for the next five programming language and thus will be able effect immediately rather than months or years, at the company’s expense, and monitor to make Microsoft programs compatible with years from now when all appeals from Microsoft’s behavior and compliance with their own. Competitors also benefit from the continuing the litigation would finally be the settlement. provision that frees up computer exhausted. Most importantly, this settlement is fair to manufacturers to disable or uninstall any The terms of the settlement offer a fair the computer users and consumers of Microsoft application or element of an resolution for all sides of this case: the DOJ, America, on whose behalf the lawsuit was operating system and install other programs. the states, Microsoft, competitors, consumers allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against and taxpayers. Microsoft will not be broken select a variety of pre-installed software on computer manufactures, ISPs, or other up and will be able to continue to innovate their computers. It will also be easier to software developers for using products and provide new software and products. substitute competitors’ products after developed by Microsoft competitors. Plus, in Software developers and Internet service purchase as well. The Judgment even covers an unprecedented enforcement clause, a providers (ISPs), including competitors, will issues and software that were not part of the Technical Committee will work out of have unprecedented access to Microsoft’s original lawsuit, such as Windows XP, which Microsoft’s headquarters for the next five programming language and thus will be able will have to be modified to comply with the years, at the company’s expense, and monitor to make Microsoft programs compatible with settlement. Microsoft’s behavior and compliance with their own. Competitors also benefit from the This case was supposedly brought on the settlement. provision that frees up computer behalf of American consumers. We have paid Most importantly, this settlement is fair to manufacturers to disable or uninstall any the price of litigation through our taxes. Our the computer users and consumers of Microsoft application or element of an investment portfolios have taken a hard hit America, on whose behalf the lawsuit was operating system and install other programs. during this battle, and now more than ever, allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against the country needs the economic stability this select a variety of pre-installed software on computer manufactures, ISPs, or other settlement can provide. This settlement is in their computers. It will also be easier to software developers for using products the public interest, and I urge the DOJ to substitute competitors’ products after developed by Microsoft competitors. Plus, in submit the revised proposed Final Judgment purchase as well. The Judgment even covers an unprecedented enforcement clause, a to the U.S. District Court without change. issues and software that were not part of the Technical Committee will work out of Sincerely, original lawsuit, such as Windows XP, which Microsoft’s headquarters for the next five Derek Kilstrom will have to be modified to comply with the years, at the company’s expense, and monitor settlement. Microsoft’s behavior and compliance with MTC–00032291 This case was supposedly brought on the settlement. From: Stephen Howard behalf of American consumers. We have paid Most importantly, this settlement is fair to To: Ms. Renata Hesse the price of litigation through our taxes. Our the computer users and consumers of Date: 12/7/01 10:05am investment portfolios have taken a hard hit America, on whose behalf the lawsuit was Subject: Microsoft Settlement during this battle, and now more than ever, allegedly filed. Consumers will be able to Stephen Howard the country needs the economic stability this select a variety of pre-installed software on 7 Judson Road settlement can provide. This settlement is in their computers. It will also be easier to Weymouth, MA 02188 the public interest, and I urge the DOJ to substitute competitors’ products after December 7, 2001 submit the revised proposed Final Judgment purchase as well. The Judgment even covers Ms. Renata Hesse to the U.S. District Court without change. issues and software that were not part of the U.S. Department of Justice, Antitrust Division Sincerely, original lawsuit, such as Windows XP, which 601 D Street NW, Suite 1200 Stephen J. Howard will have to be modified to comply with the Washington, DC 20530 settlement. Ms. Hesse: MTC–00032292 This case was supposedly brought on I would like to express my support for the From: christin walth behalf of American consumers. We have paid revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse the price of litigation through our taxes. Our v. Microsoft case. This lengthy litigation has Date: 12/7/01 10:16am investment portfolios have taken a hard hit cost my fellow taxpayers and me more than Subject: Microsoft Settlement during this battle, and now more than ever, $35 million, and after reviewing the terms of christin walth the country needs the economic stability this this Judgment, final approval is clearly in the 95 Scotland Road settlement can provide. This settlement is in public interest. Newbury, ma 01951 the public interest, and I urge the DOJ to Perhaps of greatest benefit to the American December 7, 2001 submit the revised proposed Final Judgment people, the Department of Justice (DOJ) and Ms. Renata Hesse to the U.S. District Court without change. the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division Sincerely, and now be able to focus their time and 601 D Street NW, Suite 1200 Christin Walth resources on matters of far greater national Washington, DC 20530 significance: the war against terrorism, Ms. Hesse: MTC–00032293 including homeland security. As noted by I would like to express my support for the From: NEWCASE ATR District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. To: ATRMAIL8.ATRSFO01 .MSOFT who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has Date: 12/7/01 11:45am Subject’’ Suggestion of September 11, it is vital for the country to cost my fellow taxpayers and me more than for MS Case resolvement-Forwarded move on from this lawsuit. The parties $35 million, and after reviewing the terms of From: Roger worked extremely hard to reach this this Judgment, final approval is clearly in the To: NEWCASE ATR agreement, which has the benefit of taking public interest. Date: 12/7/01 9:49am effect immediately rather than months or Perhaps of greatest benefit to the American Subject: Suggestion for MS Case resolvement years from now when all appeals from people, the Department of Justice (DOJ) and A key note: I had starband (2 way satellite continuing the litigation would finally be the settling states will avoid additional costs isp) for about a year. It has no linux drivers. exhausted. and now be able to focus their time and It is also said to be heavily funded by The terms of the settlement offer a fair resources on matters of far greater national Microsoft. Although they havn’t published resolution for all sides of this case: the DOJ, significance: the war against terrorism, winxp drivers for the service yet, i would
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speculate that they maybe holding the drivers I would like to express my support for the To: Ms. Renata Hesse back for release. They HAVE NO Linux revised proposed Final Judgment in the U.S. Date: 12/7/01 1:19pm drivers! The specs for the bcp/ip are v. Microsoft case. This lengthy litigation has Subject: Microsoft Settlement proprietory and the service is Windows only. cost my fellow taxpayers and me more than David Skidmore This seems to be one of the key aspects of $35 million, and after reviewing the terms of 11330 Amanda 609 the said Microsoft Monopoly as hardware this Judgment, final approval is clearly in the Dallas, TX 75238 companies would only make h/w & services public interest. December 7, 2001 compatable for windows only. Linux is much Perhaps of greatest benefit to the American Ms. Renata Hesse more robust & secure, but yet, ‘‘Why do people, the Department of Justice (DOJ) and U.S. Department of Justice, Antitrust Division companies still only do Windows?’’ the settling states will avoid additional costs 601 D Street NW, Suite 1200 Suggestion: If Microsoft is going to be and now be able to focus their time and Washington, DC 20530 teaming up with other 3rd party service, resources on matters of far greater national Ms. Hesse: hardware & software providers, make them significance: the war against terrorism, I would like to express my support for the support all other o/s’s with equivalent including homeland security. As noted by revised proposed Final Judgment in the U.S. drivers in order to deter Microsoft from using District Court Judge Colleen Kollar-Kotelly, v. Microsoft case. This lengthy litigation has it’s influence on ‘‘Unknowing Customers’’ who pushed for a settlement after the attacks cost my fellow taxpayers and me more than who buy into the service/product and of September 11, it is vital for the country to $35 million, and after reviewing the terms of boosting into a monopoly like enviroment. move on from this lawsuit. The parties this Judgment, final approval is clearly in the Example: Microsoft invests in Starband. worked extremely hard to reach this public interest. Make Starband make/publish linux & mac agreement, which has the benefit of taking Perhaps of greatest benefit to the American drivers (and that are equivalent in quality to effect immediately rather than months or people, the Department of Justice (DOJ) and the Windows drivers or better). This would, years from now when all appeals from the settling states will avoid additional costs hence, promote legitament competition. continuing the litigation would finally be and now be able to focus their time and Some of my comments on the latest exhausted. resources on matters of far greater national suggested resolvements broadcasted on CNN The terms of the settlement offer a fair significance: the war against terrorism, Headline news: resolution for all sides of this case: the DOJ, including homeland security. As noted by the states, Microsoft, competitors, consumers (1) Strip Down Winxp—This would be nice District Court Judge Colleen Kollar-Kotelly, and taxpayers. Microsoft will not be broken as i use mozilla/netscape instead of the buggy who pushed for a settlement after the attacks up and will be able to continue to innovate IE (i use opensource tools since they prove of September 11, it is vital for the country to and provide new software and products. more stable/reliable). move on from this lawsuit. The parties Software developers and Internet service (2) Make MS Office for other platforms worked extremely hard to reach this providers (ISPs), including competitors, will such as Linux—about 2 years too late. Sun agreement, which has the benefit of taking have unprecedented access to Microsoft’s just released StarOffice 6.0 Beta, and i must effect immediately rather than months or programming language and thus will be able say that it looks really nice under linux. The years from now when all appeals from to make Microsoft programs compatible with slate a release for april/may, for which, only continuing the litigation would finally be their own. Competitors also benefit from the exhausted. bugs and some minor fixes need some provision that frees up computer The terms of the settlement offer a fair working...appears to be plenty of time to manufacturers to disable or uninstall any resolution for all sides of this case: the DOJ, release a rock-solid product!...and it’s pretty Microsoft application or element of an the states, Microsoft, competitors, consumers much free. Heard allot of National Gov’ts operating system and install other programs. and taxpayers. Microsoft will not be broken using staroffice rather the ms office. In addition, Microsoft cannot retaliate against up and will be able to continue to innovate (3) Java—uh? dunno the specifics. computer manufactures, ISPs, or other and provide new software and products. I still don’t really see how several of 1,2 software developers for using products Software developers and Internet service or 3 will really do anything in resolvement developed by Microsoft competitors. Plus, in providers (ISPs), including competitors, will of the MS/DOJ case that was won by the DOJ. an unprecedented enforcement clause, a have unprecedented access to Microsoft’s It almost seems like ms has the economy and Technical Committee will work out of the doj on a leash. Microsoft’s headquarters for the next five programming language and thus will be able It dismays me to see Corporations years, at the company’s expense, and monitor to make Microsoft programs compatible with endulging into such illigit business structures Microsoft’s behavior and compliance with their own. which promote further instabilities into their the settlement. Competitors also benefit from the provision business structures. This really seems like Most importantly, this settlement is fair to that frees up computer manufacturers to modem day mafias (with a loss of morals) the computer users and consumers of disable or uninstall any Microsoft application that have converged to fit it’s business model America, on whose behalf the lawsuit was or element of an operating system and install to thrive-off of loop holes within our legal allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot system. select a variety of pre-installed software on retaliate against computer manufactures, So instead of the consumer paying for a their computers. It will also be easier to ISPs, or other software developers for using service, they pay the company to allow substitute competitors’ products after products developed by Microsoft themselves to be able to work at the ‘‘said purchase as well. The Judgment even covers competitors. Plus, in an unprecedented company’’. lol. issues and software that were not part of the enforcement clause, a Technical Committee Verify my pgp/gnupg signature on my original lawsuit, such as Windows XP, which will work out of Microsoft’s headquarters for HomePage: http://www.alltel.net/rogerx/ will have to be modified to comply with the the next five years, at the company’s expense, about/index.html My ICQ UIN# = 21252173 settlement. and monitor Microsoft’s behavior and compliance with the settlement. MTC–00032294 This case was supposedly brought on behalf of American consumers. We have paid Most importantly, this settlement is fair to From: Jason Forish the price of litigation through our taxes. Our the computer users and consumers of To: Ms. Renata Hesse investment portfolios have taken a hard hit America, on whose behalf the lawsuit was Date: 12/7/01 11:48am during this battle, and now more than ever, allegedly filed. Consumers will be able to Subject: Microsoft Settlement the country needs the economic stability this select a variety of pre-installed software on Jason Forish settlement can provide. This settlement is in their computers. It will also be easier to 121 Tremont Street Unit#317 the public interest, and I urge the DOJ to substitute competitors’ products after Brighton, MA 02135 submit the revised proposed Final Judgment purchase as well. The Judgment even covers December 7, 2001 to the U.S. District Court without change. issues and software that were not part of the Ms. Renata Hesse Sincerely, original lawsuit, such as Windows XP, which U.S. Department of Justice, Antitrust Division Jason Forish will have to be modified to comply with the 601 D Street NW, Suite 1200 settlement. Washington, DC 20530 MTC–00032295 This case was supposedly brought on Ms. Hesse: From: David Skidmore behalf of American consumers. We have paid
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the price of litigation through our taxes. Our America, on whose behalf the lawsuit was or element of an operating system and install investment portfolios have taken a hard hit allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot during this battle, and now more than ever, select a variety of pre-installed software on retaliate against computer manufactures, the country needs the economic stability this their computers. It will also be easier to ISPs, or other software developers for using settlement can provide. This settlement is in substitute competitors’ products after products developed by Microsoft the public interest, and I urge the DOJ to purchase as well. The Judgment even covers competitors. Plus, in an unprecedented submit the revised proposed Final Judgment issues and software that were not part of the enforcement clause, a Technical Committee to the U.S. District Court without change. original lawsuit, such as Windows XP, which will work out of Microsoft’s headquarters for Sincerely, will have to be modified to comply with the the next five years, at the company’s expense, David A. Skidmore settlement. and monitor Microsoft’s behavior and MTC–00032296 This case was supposedly brought on compliance with the settlement. behalf of American consumers. We have paid Most importantly, this settlement is fair to From: Jeannine M. Stahl the price of litigation through our taxes. Our the computer users and consumers of To: Ms. Renata Hesse investment portfolios have taken a hard hit America, on whose behalf the lawsuit was Date: 12/7/01 2:02pm during this battle, and now more than ever, allegedly filed. Consumers will be able to Subject: Microsoft Settlement the country needs the economic stability this select a variety of pre-installed software on Jeannine M. Stahl settlement can provide. This settlement is in their computers. It will also be easier to 11826 S. 51st Street the public interest, and I urge the DOJ to substitute competitors’ products after Phoenix, AZ 85044–2313 submit the revised proposed Final Judgment purchase as well. The Judgment even covers December 7, 2001 to the U.S. District Court without change. issues and software that were not part of the Ms. Renata Hesse Sincerely, original lawsuit, such as Windows XP, which U.S. Department of Justice, Antitrust Division The Stahls, Arthur and Jean will have to be modified to comply with the 601 D Street NW, Suite 1200 settlement. Washington, DC 20530 MTC–00032297 This case was supposedly brought on Ms. Hesse: From: Arthur Stahl behalf of American consumers. We have paid I would like to express my support for the To: Ms. Renata Hesse revised proposed Final Judgment in the U.S. the price of litigation through our taxes. Our Date: 12/7/01 2:31pm v. Microsoft case. This lengthy litigation has investment portfolios have taken a hard hit Subject: Microsoft Settlement cost my fellow taxpayers and me more than during this battle, and now more than ever, Arthur Stahl $35 million, and after reviewing the terms of the country needs the economic stability this 11826 S. 51st Street this Judgment, final approval is clearly in the settlement can provide. This settlement is in Phoenix, AZ 85044–2313 public interest. the public interest, and I urge the DOJ to December 7, 2001 Perhaps of greatest benefit to the American submit the revised proposed Final Judgment Ms. Renata Hesse people, the Department of Justice (DOJ) and to the U.S. District Court without change. U.S. Department of Justice, Antitrust Division the settling states will avoid additional costs Sincerely, 601 D Street NW, Suite 1200 and now be able to focus their time and Arthur & Jean Stahl Washington, DC 20530 resources on matters of far greater national MTC–00032298 significance: the war against terrorism, Ms. Hesse: including homeland security. As noted by I would like to express my support for the From: Roy Smith District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has Date: 12/7/01 4:15pm of September 11, it is vital for the country to cost my fellow taxpayers and me more than Subject: Microsoft Settlement move on from this lawsuit. The parties $35 million, and after reviewing the terms of Roy Smith worked extremely hard to reach this this Judgment, final approval is clearly in the 1401 halstead cir agreement, which has the benefit of taking public interest. centerville, oh 45458 effect immediately rather than months or Perhaps of greatest benefit to the American December 7, 2001 years from now when all appeals from people, the Department of Justice (DOJ) and Ms. Renata Hesse continuing the litigation would finally be the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division exhausted. and now be able to focus their time and 601 D Street NW, Suite 1200 The terms of the settlement offer a fair resources on matters of far greater national Washington, DC 20530 resolution for all sides of this case: the DOJ, significance: the war against terrorism, Ms. Hesse: the states, Microsoft, competitors, consumers including homeland security. As noted by I would like to express my support for the and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. up and will be able to continue to innovate who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has and provide new software and products. of September 11, it is vital for the country to cost my fellow taxpayers and me more than Software developers and Internet service move on from this lawsuit. The parties $35 million, and after reviewing the terms of providers (ISPs), including competitors, will worked extremely hard to reach this this Judgment, final approval is clearly in the have unprecedented access to Microsoft’s agreement, which has the benefit of taking public interest. programming language and thus will be able effect immediately rather than months or Perhaps of greatest benefit to the American to make Microsoft programs compatible with years from now when all appeals from people, the Department of Justice (DOJ) and their own. continuing the litigation would finally be the settling states will avoid additional costs Competitors also benefit from the provision exhausted. and now be able to focus their time and that frees up computer manufacturers to The terms of the settlement offer a fair resources on matters of far greater national disable or uninstall any Microsoft application resolution for all sides of this case: the DOJ, significance ? the war against terrorism, or element of an operating system and install the states, Microsoft, competitors, consumers including homeland security. As noted by other programs. In addition, Microsoft cannot and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, retaliate against computer manufactures, up and will be able to continue to innovate who pushed for a settlement after the attacks ISPs, or other software developers for using and provide new software and products. of September 11, it is vital for the country to products developed by Microsoft Software developers and Internet service move on from this lawsuit. The parties competitors. Plus, in an unprecedented providers (ISPs), including competitors, will worked extremely hard to reach this enforcement clause, a Technical Committee have unprecedented access to Microsoft’s agreement, which has the benefit of taking will work out of Microsoft’s headquarters for programming language and thus will be able effect immediately rather than months or the next five years, at the company’s expense, to make Microsoft programs compatible with years from now when all appeals from and monitor Microsoft’s behavior and their own. continuing the litigation would finally be compliance with the settlement. Competitors also benefit from the provision exhausted. Most importantly, this settlement is fair to that frees up computer manufacturers to The terms of the settlement offer a fair the computer users and consumers of disable or uninstall any Microsoft application resolution for all sides of this case ? the DOJ,
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the states, Microsoft, competitors, consumers $35 million, and after reviewing the terms of Wade Mountz and taxpayers. Microsoft will not be broken this Judgment, final approval is clearly in the 9 Muirfield Place up and will be able to continue to innovate public interest. Louisville, KY 40222 and provide new software and products. Perhaps of greatest benefit to the American December 8, 2001 Software developers and Internet service people, the Department of Justice (DOJ) and Ms. Renata Hesse providers (ISPs), including competitors, will the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division have unprecedented access to Microsoft’s and now be able to focus their time and 601 D Street NW, Suite 1200 programming language and thus will be able resources on matters of far greater national Washington, DC 20530 to make Microsoft programs compatible with significance: the war against terrorism, Ms. Hesse: their own. Competitors also benefit from the including homeland security. As noted by I would like to express my support for the provision that frees up computer District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. manufacturers to disable or uninstall any who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has Microsoft application or element of an of September 11, it is vital for the country to cost my fellow taxpayers and me more than operating system and install other programs. move on from this lawsuit. The parties $35 million, and after reviewing the terms of In addition, Microsoft cannot retaliate against worked extremely hard to reach this this Judgment, final approval is clearly in the computer manufactures, ISPs, or other agreement, which has the benefit of taking public interest. software developers for using products effect immediately rather than months or Perhaps of greatest benefit to the American developed by Microsoft competitors. Plus, in years from now when all appeals from people, the Department of Justice (DOJ) and an unprecedented enforcement clause, a continuing the litigation would finally be the settling states will avoid additional costs Technical Committee will work out of exhausted. and now be able to focus their time and Microsoft’s headquarters for the next five The terms of the settlement offer a fair resources on matters of far greater national years, at the company’s expense, and monitor resolution for all sides of this case: the DOJ, significance: the war against terrorism, Microsoft’s behavior and compliance with the states, Microsoft, competitors, consumers including homeland security. As noted by the settlement. and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, Most importantly, this settlement is fair to up and will be able to continue to innovate who pushed for a settlement after the attacks the computer users and consumers of and provide new software and products. of September 11, it is vital for the country to America, on whose behalf the lawsuit was Software developers and Internet service move on from this lawsuit. The parties allegedly filed. providers (ISPs), including competitors, will worked extremely hard to reach this Consumers will be able to select a variety have unprecedented access to Microsoft’s agreement, which has the benefit of taking of pre-installed software on their computers. programming language and thus will be able effect immediately rather than months or It will also be easier to substitute to make Microsoft programs compatible with years from now when all appeals from competitors? products after purchase as well. their own. continuing the litigation would finally be The Judgment even covers issues and Competitors also benefit from the provision exhausted. software that were not part of the original that frees up computer manufacturers to The terms of the settlement offer a fair lawsuit, such as Windows XP, which will disable or uninstall any Microsoft application resolution for all sides of this case: the DOJ, have to be modified to comply with the or element of an operating system and install the states, Microsoft, competitors, consumers settlement. other programs. In addition, Microsoft cannot and taxpayers. Microsoft will not be broken This case was supposedly brought on retaliate against computer manufactures, up and will be able to continue to innovate behalf of American consumers. We have paid ISPs, or other software developers for using and provide new software and products. the price of litigation through our taxes. Our products developed by Microsoft Software developers and Internet service investment portfolios have taken a hard hit competitors. Plus, in an unprecedented providers (ISPs), including competitors, will during this battle, and now more than ever, enforcement clause, a Technical Committee have unprecedented access to Microsoft’s the country needs the economic stability this will work out of Microsoft’s headquarters for programming language and thus will be able settlement can provide. This settlement is in the next five years, at the company’s expense, to make Microsoft programs compatible with the public interest, and I urge the DOJ to and monitor Microsoft’s behavior and their own. submit the revised proposed Final Judgment compliance with the settlement. Competitors also benefit from the provision to the U.S. District Court without change. Most importantly, this settlement is fair to that frees up computer manufacturers to Sincerely, the computer users and consumers of disable or uninstall any Microsoft application Roy F. Smith America, on whose behalf the lawsuit was or element of an operating system and install allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot MTC–00032299 select a variety of pre-installed software on retaliate against computer manufactures, From: [email protected]@inetgw their computers. It will also be easier to ISPs, or other software developers for using To: Undisclosed.Recipients substitute competitors’ products after products developed by Microsoft @usdoj.gov@inetgw purchase as well. The Judgment even covers competitors. Plus, in an unprecedented Date: 12/7/01 6:08pm issues and software that were not part of the enforcement clause, a Technical Committee Subject: The Database that ‘‘leaves MS original lawsuit, such as Windows XP, which will work out of Microsoft’s headquarters for Access in the dust’’ will have to be modified to comply with the the next five years, at the company’s expense, settlement. and monitor Microsoft’s behavior and MTC–00032300 This case was supposedly brought on compliance with the settlement. From: James Carpenter behalf of American consumers. We have paid Most importantly, this settlement is fair to To: Ms. Renata Hesse the price of litigation through our taxes. Our the computer users and consumers of Date: 12/7/01 7:01pm investment portfolios have taken a hard hit America, on whose behalf the lawsuit was Subject: Microsoft Settlement during this battle, and now more than ever, allegedly filed. Consumers will be able to James Carpenter the country needs the economic stability this select a variety of pre-installed software on 4922 Del Rio Trl. settlement can provide. This settlement is in their computers. It will also be easier to Wichita Falls, TX 76310–1431 the public interest, and I urge the DOJ to substitute competitors’ products after December 7, 2001 submit the revised proposed Final Judgment purchase as well. The Judgment even covers Ms. Renata Hesse to the U.S. District Court without change. issues and software that were not part of the U.S. Department of Justice, Antitrust Division Sincerely, original lawsuit, such as Windows XP, which 601 D Street NW, Suite 1200 James A. Carpenter, Jr. will have to be modified to comply with the Washington, DC 20530 settlement. Ms. Hesse: MTC–00032301 This case was supposedly brought on I would like to express my support for the From: Wade Mountz behalf of American consumers. We have paid revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse the price of litigation through our taxes. Our v. Microsoft case. This lengthy litigation has Date: 12/7/01 9:15pm investment portfolios have taken a hard hit cost my fellow taxpayers and me more than Subject: Microsoft Settlement during this battle, and now more than ever,
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the country needs the economic stability this select a variety of pre-installed software on computer manufactures, ISPs, or other settlement can provide. This settlement is in their computers. It will also be easier to software developers for using products the public interest, and I urge the DOJ to substitute competitors’ products after developed by Microsoft competitors. Plus, in submit the revised proposed Final Judgment purchase as well. The Judgment even covers an unprecedented enforcement clause, a to the U.S. District Court without change. issues and software that were not part of the Technical Committee will work out of Sincerely, original lawsuit, such as Windows XP, which Microsoft’s headquarters for the next five Wade Mountz will have to be modified to comply with the years, at the company’s expense, and monitor settlement. Microsoft’s behavior and compliance with MTC–00032303 This case was supposedly brought on the settlement. From: Don Botkin behalf of American consumers. We have paid Most importantly, this settlement is fair to To: Ms. Renata Hesse the price of litigation through our taxes. Our the computer users and consumers of Date: 12/7/01 11:47pm investment portfolios have taken a hard hit America, on whose behalf the lawsuit was Subject: Microsoft Settlement during this battle, and now more than ever, allegedly filed. Don Botkin the country needs the economic stability this Consumers will be able to select a variety 108 1⁄2 East Main settlement can provide. This settlement is in of pre-installed software on their computers. Heyworth, IL 61745 the public interest, and I urge the DOJ to It will also be easier to substitute December 8, 2001 submit the revised proposed Final Judgment competitors’ products after purchase as well. Ms. Renata Hesse to the U.S. District Court without change. The Judgment even covers issues and U.S. Department of Justice, Antitrust Division Respectfully, software that were not part of the original 601 D Street NW, Suite 1200 Don Botkin lawsuit, such as Windows XP, which will Washington, DC 20530 have to be modified to comply with the Ms. Hesse: MTC–00032304 settlement. I would like to express my support for the From: Jonathan Hobson This case was supposedly brought on revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse behalf of American consumers. We have paid v. Microsoft case. This lengthy litigation has Date: 12/8/01 1:31am the price of litigation through our taxes. Our cost my fellow taxpayers and me more than Subject: Microsoft Settlement investment portfolios have taken a hard hit $35 million, and after reviewing the terms of Jonathan Hobson during this battle, and now more than ever, this Judgment, final approval is clearly in the PO Box 126 the country needs the economic stability this public interest. Plainfield, WI 54966–0126 settlement can provide. This settlement is in Perhaps of greatest benefit to the American December 8, 2001 the public interest, and I urge the DOJ to people, the Department of Justice (DOJ) and Ms. Renata Hesse submit the revised proposed Final Judgment the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division to the U.S. District Court without change. and now be able to focus their time and 601 D Street NW, Suite 1200 Sincerely, resources on matters of far greater national Washington, DC 20530 Jonathan Hobson significance: the war against terrorism, Ms. Hesse: including homeland security. As noted by I would like to express my support for the MTC–00032305 District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. From: Marc Pruskin who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has To: Ms. Renata Hesse of September 11, it is vital for the country to cost my fellow taxpayers and me more than Date: 12/8/01 8:29am move on from this lawsuit. The parties $35 million, and after reviewing the terms of Subject: Microsoft Settlement worked extremely hard to reach this this Judgment, final approval is clearly in the Marc Pruskin agreement, which has the benefit of taking public interest. 178 Taylor Road effect immediately rather than months or Perhaps of greatest benefit to the American Marlborough, MA 01752 years from now when all appeals from people, the Department of Justice (DOJ) and December 8, 2001 continuing the litigation would finally be the settling states will avoid additional costs Ms. Renata Hesse exhausted. and now be able to focus their time and U.S. Department of Justice, Antitrust Division The terms of the settlement offer a fair resources on matters of far greater national 601 D Street NW, Suite 1200 resolution for all sides of this case: the DOJ, significance: the war against terrorism, Washington, DC 20530 the states, Microsoft, competitors, consumers including homeland security. As noted by Ms. Hesse: and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, I would like to express my support for the up and will be able to continue to innovate who pushed for a settlement after the attacks revised proposed Final Judgment in the U.S. and provide new software and products. of September 11, it is vital for the country to v. Microsoft case. This lengthy litigation has Software developers and Internet service move on from this lawsuit. The parties cost my fellow taxpayers and me more than providers (ISPs), including competitors, will worked extremely hard to reach this $35 million, and after reviewing the terms of have unprecedented access to Microsoft’s agreement, which has the benefit of taking this Judgment, final approval is clearly in the programming language and thus will be able effect immediately rather than months or public interest. to make Microsoft programs compatible with years from now when all appeals from Perhaps of greatest benefit to the American their own. continuing the litigation would finally be people, the Department of Justice (DOJ) and Competitors also benefit from the provision exhausted. the settling states will avoid additional costs that frees up computer manufacturers to The terms of the settlement offer a fair and now be able to focus their time and disable or uninstall any Microsoft application resolution for all sides of this case: the DOJ, resources on matters of far greater national or element of an operating system and install the states, Microsoft, competitors, consumers significance: the war against terrorism, other programs. In addition, Microsoft cannot and taxpayers. Microsoft will not be broken including homeland security. As noted by retaliate against computer manufactures, up and will be able to continue to innovate District Court Judge Colleen Kollar-Kotelly, ISPs, or other software developers for using and provide new software and products. who pushed for a settlement after the attacks products developed by Microsoft Software developers and Internet service of September 11, it is vital for the country to competitors. Plus, in an unprecedented providers (ISPs), including competitors, will move on from this lawsuit. The parties enforcement clause, a Technical Committee have unprecedented access to Microsoft’s worked extremely hard to reach this will work out of Microsoft’s headquarters for programming language and thus will be able agreement, which has the benefit of taking the next five years, at the company’s expense, to make Microsoft programs compatible with effect immediately rather than months or and monitor Microsoft’s behavior and their own. Competitors also benefit from the years from now when all appeals from compliance with the settlement. provision that frees up computer continuing the litigation would finally be Most importantly, this settlement is fair to manufacturers to disable or uninstall any exhausted. the computer users and consumers of Microsoft application or element of an The terms of the settlement offer a fair America, on whose behalf the lawsuit was operating system and install other programs. resolution for all sides of this case: the DOJ, allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against the states, Microsoft, competitors, consumers
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and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, internet tools, of my own choosing, and to up and will be able to continue to innovate who pushed for a settlement after the attacks not be enriching grasping monopolists, is of and provide new software and products. of September 11, it is vital for the country to high importance to all private users of the Software developers and Internet service move on from this lawsuit. The parties internet, and of PCs in general. providers (ISPs), including competitors, will worked extremely hard to reach this The suggested settlement for Microsoft’s have unprecedented access to Microsoft’s agreement, which has the benefit of taking crimes is utterly unsatisfactory to me. The programming language and thus will be able effect immediately rather than months or notion that Microsoft products and services to make Microsoft programs compatible with years from now when all appeals from donated (and thus ‘‘locking in’’ the minds their own. Competitors also benefit from the continuing the litigation would finally be and habits of young internet users who provision that frees up computer exhausted. would be better served by a free selection of manufacturers to disable or uninstall any The terms of the settlement offer a fair products and platforms in their lifetimes) Microsoft application or element of an resolution for all sides of this case: the DOJ, would adequately address the abuse of operating system and install other programs. the states, Microsoft, competitors, consumers monopoly control of personal computing by In addition, Microsoft cannot retaliate against and taxpayers. Microsoft will not be broken Microsoft is inherently unjust and computer manufactures, ISPs, or other up and will be able to continue to innovate unrealistic. software developers for using products and provide new software and products. I strongly urge the court to instead enforce developed by Microsoft competitors. Plus, in Software developers and Internet service the establishment (by Microsoft) of a fund for an unprecedented enforcement clause, a providers (ISPs), including competitors, will schools from which products and services Technical Committee will work out of have unprecedented access to Microsoft’s SELECTED freely and totally by such schools Microsoft’s headquarters for the next five programming language and thus will be able would be paid. years, at the company’s expense, and monitor to make Microsoft programs compatible with Thank You Microsoft’s behavior and compliance with their own. Competitors also benefit from the Russell F. Imrie the settlement. provision that frees up computer Most importantly, this settlement is fair to manufacturers to disable or uninstall any MTC–00032308 the computer users and consumers of Microsoft application or element of an From: Meagan Hutcheson America, on whose behalf the lawsuit was operating system and install other programs. To: Ms. Renata Hesse In addition, Microsoft cannot retaliate against allegedly filed. Consumers will be able to Date: 12/9/01 5:50am computer manufactures, ISPs, or other select a variety of pre-installed software on Subject: Microsoft Settlement software developers for using products their computers. It will also be easier to Meagan Hutcheson developed by Microsoft competitors. Plus, in substitute competitors’ products after 22 Sequassen Rd. an unprecedented enforcement clause, a purchase as well. The Judgment even covers Farmington, CT 06032 Technical Committee will work out of issues and software that were not part of the December 9, 2001 Microsoft’s headquarters for the next five original lawsuit, such as Windows XP, which Ms. Renata Hesse years, at the company’s expense, and monitor will have to be modified to comply with the U.S. Department of Justice, Antitrust Division Microsoft’s behavior and compliance with settlement. 601 D Street NW, Suite 1200 the settlement. Washington, DC 20530 This case was supposedly brought on Most importantly, this settlement is fair to Ms. Hesse: behalf of American consumers. We have paid the computer users and consumers of I would like to express my support for the the price of litigation through our taxes. Our America, on whose behalf the lawsuit was revised proposed Final Judgment in the U.S. investment portfolios have taken a hard hit allegedly filed. Consumers will be able to v. Microsoft case. This lengthy litigation has during this battle, and now more than ever, select a variety of pre-installed software on cost my fellow taxpayers and me more than the country needs the economic stability this their computers. It will also be easier to $35 million, and after reviewing the terms of settlement can provide. This settlement is in substitute competitors’ products after this Judgment, final approval is clearly in the the public interest, and I urge the DOJ to purchase as well. The Judgment even covers public interest. submit the revised proposed Final Judgment issues and software that were not part of the to the U.S. District Court without change. original lawsuit, such as Windows XP, which Perhaps of greatest benefit to the American Sincerely, will have to be modified to comply with the people, the Department of Justice (DOJ) and Marc Pruskin settlement. the settling states will avoid additional costs and now be able to focus their time and MTC–00032306 This case was supposedly brought on behalf of American consumers. We have paid resources on matters of far greater national From: Bob Familiar the price of litigation through our taxes. Our significance: the war against terrorism, To: Ms. Renata Hesse investment portfolios have taken a hard hit including homeland security. As noted by Date: 12/8/01 6:27pm during this battle, and now more than ever, District Court Judge Colleen Kollar-Kotelly, Subject: Microsoft Settlement the country needs the economic stability this who pushed for a settlement after the attacks Bob Familiar settlement can provide. This settlement is in of September 11, it is vital for the country to 192 Goodmans Hill Road the public interest, and I urge the DOJ to move on from this lawsuit. The parties Sudbury, MA 01776 submit the revised proposed Final Judgment worked extremely hard to reach this December 8, 2001 to the U.S. District Court without change. agreement, which has the benefit of taking Ms. Renata Hesse Sincerely, effect immediately rather than months or U.S. Department of Justice, Antitrust Division Bob Familiar years from now when all appeals from 601 D Street NW, Suite 1200 continuing the litigation would finally be Washington, DC 20530 MTC–00032307 exhausted. Ms. Hesse: From: lprieta The terms of the settlement offer a fair I would like to express my support for the To: Attorney General Antitrust Division resolution for all sides of this case: the DOJ, revised proposed Final Judgment in the U.S. Date: 12/8/01 6:47pm the states, Microsoft, competitors, consumers v. Microsoft case. This lengthy litigation has Subject: microsoft public comment and taxpayers. Microsoft will not be broken cost my fellow taxpayers and me more than Sirs, up and will be able to continue to innovate $35 million, and after reviewing the terms of I have been a personal computer user for and provide new software and products. this Judgment, final approval is clearly in the 14 years. The internet with the basic Software developers and Internet service public interest. ‘‘Mosaic’’ web browser was state of the art as providers (ISPs), including competitors, will Perhaps of greatest benefit to the American I studied at the University of California. The have unprecedented access to Microsoft’s people, the Department of Justice (DOJ) and focus of my studies was the ‘‘new’’ internet, programming language and thus will be able the settling states will avoid additional costs media and the empowerment of minorities to make Microsoft programs compatible with and now be able to focus their time and and private citizens which the net made their own. Competitors also benefit from the resources on matters of far greater national possible. provision that frees up computer significance: the war against terrorism, I am a member of an Indian nation and this manufacturers to disable or uninstall any including homeland security. As noted by is very important to me. the FREEDOM to use Microsoft application or element of an
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operating system and install other programs. the states, Microsoft, competitors, consumers Ms. Renata Hesse In addition, Microsoft cannot retaliate against and taxpayers. Microsoft will not be broken U.S. Department of Justice, Antitrust Division computer manufactures, ISPs, or other up and will be able to continue to innovate 601 D Street NW, Suite 1200 software developers for using products and provide new software and products. Washington, DC 20530 developed by Microsoft competitors. Plus, in Software developers and Internet service Ms. Hesse: an unprecedented enforcement clause, a providers (ISPs), including competitors, will I would like to express my support for the Technical Committee will work out of have unprecedented access to Microsoft’s revised proposed Final Judgment in the U.S. Microsoft’s headquarters for the next five programming language and thus will be able v. Microsoft case. This lengthy litigation has years, at the company’s expense, and monitor to make Microsoft programs compatible with cost my fellow taxpayers and me more than Microsoft’s behavior and compliance with their own. $35 million, and after reviewing the terms of the settlement. Competitors also benefit from the provision this Judgment, final approval is clearly in the Most importantly, this settlement is fair to that frees up computer manufacturers to public interest. the computer users and consumers of disable or uninstall any Microsoft application Perhaps of greatest benefit to the American America, on whose behalf the lawsuit was or element of an operating system and install people, the Department of Justice (DOJ) and allegedly filed. other programs. In addition, Microsoft cannot the settling states will avoid additional costs Consumers will be able to select a variety retaliate against computer manufactures, and now be able to focus their time and of pre-installed software on their computers. ISPs, or other software developers for using resources on matters of far greater national It will also be easier to substitute products developed by Microsoft significance: the war against terrorism, competitors’ products after purchase as well. competitors. Plus, in an unprecedented including homeland security. As noted by The Judgment even covers issues and enforcement clause, a Technical Committee District Court Judge Colleen Kollar-Kotelly, software that were not part of the original will work out of Microsoft’s headquarters for who pushed for a settlement after the attacks lawsuit, such as Windows XP, which will of September 11, it is vital for the country to the next five years, at the company’s expense, have to be modified to comply with the move on from this lawsuit. The parties and monitor Microsoft’s behavior and settlement. worked extremely hard to reach this compliance with the settlement. This case was supposedly brought on agreement, which has the benefit of taking Most importantly, this settlement is fair to behalf of American consumers. We have paid effect immediately rather than months or the price of litigation through our taxes. Our the computer users and consumers of years from now when all appeals from investment portfolios have taken a hard hit America, on whose behalf the lawsuit was continuing the litigation would finally be during this battle, and now more than ever, allegedly filed. Consumers will be able to exhausted. the country needs the economic stability this select a variety of pre-installed software on The terms of the settlement offer a fair settlement can provide. This settlement is in their computers. It will also be easier to resolution for all sides of this case: the DOJ, the public interest, and I urge the DOJ to substitute competitors’ products after the states, Microsoft, competitors, consumers submit the revised proposed Final Judgment purchase as well. The Judgment even covers and taxpayers. Microsoft will not be broken to the U.S. District Court without change. issues and software that were not part of the up and will be able to continue to innovate Sincerely, original lawsuit, such as Windows XP, which and provide new software and products. Meagan Hutcheson will have to be modified to comply with the Software developers and Internet service settlement. providers (ISPs), including competitors, will MTC–00032309 This case was supposedly brought on have unprecedented access to Microsoft’s From: Harry Pierson behalf of American consumers. We have paid programming language and thus will be able To: Ms. Renata Hesse the price of litigation through our taxes. Our to make Microsoft programs compatible with Date: 12/9/01 12:24pm investment portfolios have taken a hard hit their own. Competitors also benefit from the Subject: Microsoft Settlement during this battle, and now more than ever, provision that frees up computer Harry Pierson the country needs the economic stability this manufacturers to disable or uninstall any 11064 Clear Meadows Dr. settlement can provide. This settlement is in Microsoft application or element of an Las Vegas, Nv 89134–7235 the public interest, and I urge the DOJ to operating system and install other programs. December 9, 2001 submit the revised proposed Final Judgment In addition, Microsoft cannot retaliate against Ms. Renata Hesse to the U.S. District Court without change. computer manufactures, ISPs, or other U.S. Department of Justice, Antitrust Division Sincerely, software developers for using products 601 D Street NW, Suite 1200 Harry T. Pierson developed by Microsoft competitors. Plus, in Washington, DC 20530 an unprecedented enforcement clause, a MTC–00032310 Ms. Hesse: Technical Committee will work out of I would like to express my support for the From: Paul Pedriana Microsoft’s headquarters for the next five revised proposed Final Judgment in the U.S. To: [email protected]@inetgw years, at the company’s expense, and monitor v. Microsoft case. This lengthy litigation has Date: 12/9/01 6:40pm Microsoft’s behavior and compliance with cost my fellow taxpayers and me more than Subject: Microsoft Settlement the settlement. $35 million, and after reviewing the terms of Micorosft’s propsosed settlement is clearly Most importantly, this settlement is fair to this Judgment, final approval is clearly in the worded to benefit Microsoft at the expense of the computer users and consumers of public interest. their competition In particular: America, on whose behalf the lawsuit was Perhaps of greatest benefit to the American —Microsoft’s proposal to ‘‘free’’ donate allegedly filed. Consumers will be able to people, the Department of Justice (DOJ) and software is clearly an attempt to dilute the select a variety of pre-installed software on the settling states will avoid additional costs presence of their competitor’s software. their computers. It will also be easier to and now be able to focus their time and —Microsoft’s proposal to open their APIs is substitute competitors’ products after resources on matters of far greater national worded to lock out non-commercial purchase as well. The Judgment even covers significance: the war against terrorism, entities such as open source software issues and software that were not part of the including homeland security. As noted by initiatives. Paul original lawsuit, such as Windows XP, which District Court Judge Colleen Kollar-Kotelly, Pedriana will have to be modified to comply with the who pushed for a settlement after the attacks [email protected] settlement. of September 11, it is vital for the country to This case was supposedly brought on move on from this lawsuit. The parties MTC–00032311 behalf of American consumers. We have paid worked extremely hard to reach this From: Chris Sakalosky the price of litigation through our taxes. Our agreement, which has the benefit of taking To: Ms. Renata Hesse investment portfolios have taken a hard hit effect immediately rather than months or Date: 12/10/01 7:53am during this battle, and now more than ever, years from now when all appeals from Subject: Microsoft Settlement the country needs the economic stability this continuing the litigation would finally be Chris Sakalosky settlement can provide. This settlement is in exhausted. 162 Melrose Street the public interest, and I urge the DOJ to The terms of the settlement offer a fair Auburndale, MA 02466 submit the revised proposed Final Judgment resolution for all sides of this case: the DOJ, December 10, 2001 to the U.S. District Court without change.
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Sincerely, effect immediately rather than months or Perhaps of greatest benefit to the American Chris Sakalosky years from now when all appeals from people, the Department of Justice (DOJ) and continuing the litigation would finally be the settling states will avoid additional costs MTC–00032312 exhausted. and now be able to focus their time and From: [email protected]@inetgw The terms of the settlement offer a fair resources on matters of far greater national Date: 12/10/01 9:08am resolution for all sides of this case: the DOJ, significance: the war against terrorism, Subject: Message-ID: the states, Microsoft, competitors, consumers including homeland security. As noted by <[email protected]> and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, Message-ID: up and will be able to continue to innovate who pushed for a settlement after the attacks <[email protected]> and provide new software and products. of September 11, it is vital for the country to Date: Mon, 10 Dec 2001 09:09:28 -0800 Software developers and Internet service move on from this lawsuit. The parties From: John Walden
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December 10, 2001 submit the revised proposed Final Judgment v. Microsoft case. This lengthy litigation has Ms. Renata Hesse to the U.S. District Court without change. cost my fellow taxpayers and me more than U.S. Department of Justice, Antitrust Division Sincerely, $35 million, and after reviewing the terms of 601 D Street NW, Suite 1200 Larry Svee this Judgment, final approval is clearly in the Washington, DC 20530 public interest. Ms. Hesse: MTC–00032316 Perhaps of greatest benefit to the American I would like to express my support for the From: BillMeelater people, the Department of Justice (DOJ) and revised proposed Final Judgment in the U.S. To: DOJ the settling states will avoid additional costs v. Microsoft case. This lengthy litigation has Date: 12/10/01 6:52pm and now be able to focus their time and cost my fellow taxpayers and me more than Subject: MICROSOFT SETTLEMENT resources on matters of far greater national $35 million, and after reviewing the terms of Dear DOJ, significance: the war against terrorism, this Judgment, final approval is clearly in the It pleases me that the DOJ and Microsoft including homeland security. As noted by public interest. Corp have come to a settlement finally. District Court Judge Colleen Kollar-Kotelly, Perhaps of greatest benefit to the American Briefly, my opinion as a consumer and who pushed for a settlement after the attacks people, the Department of Justice (DOJ) and citizen of this great country is as follows: of September 11, it is vital for the country to the settling states will avoid additional costs 1. I never felt cheated or hurt as a move on from this lawsuit. The parties and now be able to focus their time and consumer of any Microsoft product. Nor do worked extremely hard to reach this resources on matters of far greater national I understand how consumers have been hurt agreement, which has the benefit of taking significance: the war against terrorism, by the Microsoft company. Certainly I’ve had effect immediately rather than months or including homeland security. As noted by many frustrating moments over the years years from now when all appeals from District Court Judge Colleen Kollar-Kotelly, because their software occasionally failed to continuing the litigation would finally be who pushed for a settlement after the attacks function properly (and many consumers have exhausted. of September 11, it is vital for the country to shared this feeling). But I personaly feel that The terms of the settlement offer a fair move on from this lawsuit. The parties the gains I’ve made in productivity over the resolution for all sides of this case ? the DOJ, worked extremely hard to reach this years, due to the advances in computing as the states, Microsoft, competitors, consumers agreement, which has the benefit of taking a result of the Microsoft company, have been and taxpayers. Microsoft will not be broken effect immediately rather than months or worth the trouble. Considering the efficiency up and will be able to continue to innovate years from now when all appeals from their procucts bring to me, they are cheap. and provide new software and products. continuing the litigation would finally be Let’s not complain about an $80 operating Software developers and Internet service exhausted. system. providers (ISPs), including competitors, will The terms of the settlement offer a fair 2. Our economy has benefitted from the have unprecedented access to Microsoft’s resolution for all sides of this case: the DOJ, standardization of operating systems due to programming language and thus will be able the states, Microsoft, competitors, consumers Microsoft’s dominance. I’m sure many a legal to make Microsoft programs compatible with and taxpayers. Microsoft will not be broken brief prepared by the DOJ was done on their own. Competitors also benefit from the up and will be able to continue to innovate Microsoft software. What would it be like to provision that frees up computer and provide new software and products. share information in a world of computers manufacturers to disable or uninstall any Software developers and Internet service that wouldn’t talk to each other? A third Microsoft application or element of an providers (ISPs), including competitors, will world experience, I’m sure. Example: How operating system and install other programs. have unprecedented access to Microsoft’s frustrating is it now to make a long distance In addition, Microsoft cannot retaliate against programming language and thus will be able phone call from a phone you don’t own. A computer manufactures, ISPs, or other to make Microsoft programs compatible with strong case, in my opinion, for software developers for using products their own. standardization. As Alan Greenspan has developed by Microsoft competitors. Plus, in Competitors also benefit from the provision stated many times—the growth we had from an unprecedented enforcement clause, a that frees up computer manufacturers to mid to late -90’s was very much a result of Technical Committee will work out of disable or uninstall any Microsoft application technical innovation by Microsoft and Microsoft’s headquarters for the next five or element of an operating system and install companies like it. years, at the company’s expense, and monitor other programs. In addition, Microsoft cannot 3. In our country today, we can’t affort to Microsoft’s behavior and compliance with retaliate against computer manufactures, struggle internally anymore. It would be the settlement. ISPs, or other software developers for using different if Microsoft dominated the software Most importantly, this settlement is fair to products developed by Microsoft industry AND put out lousy product. I don’t the computer users and consumers of competitors. Plus, in an unprecedented think that’s the case. The DOJ has gone after America, on whose behalf the lawsuit was enforcement clause, a Technical Committee this company with such vengance. I don’t allegedly filed. Consumers will be able to will work out of Microsoft’s headquarters for think it’s warranted. I’m sure they’ve gotten select a variety of pre-installed software on the next five years, at the company’s expense, the message. Now let it go and let them, and their computers. It will also be easier to and monitor Microsoft’s behavior and companies like them continue to innovate. It substitute competitors? products after compliance with the settlement. benefits us all. purchase as well. The Judgment even covers Most importantly, this settlement is fair to Sincerely, issues and software that were not part of the the computer users and consumers of Bill Braun original lawsuit, such as Windows XP, which America, on whose behalf the lawsuit was Colorado will have to be modified to comply with the allegedly filed. Consumers will be able to settlement. select a variety of pre-installed software on MTC–00032317 This case was supposedly brought on their computers. It will also be easier to From: Dawn Johnson behalf of American consumers. We have paid substitute competitors’ products after To: Ms. Renata Hesse the price of litigation through our taxes. Our purchase as well. The Judgment even covers Date: 12/11/01 9:57am investment portfolios have taken a hard hit issues and software that were not part of the Subject: Microsoft Settlement during this battle, and now more than ever, original lawsuit, such as Windows XP, which Dawn Johnson the country needs the economic stability this will have to be modified to comply with the 1005 Quail Run Rd. settlement can provide. This settlement is in settlement. Southlake, TX 76092–3114 the public interest, and I urge the DOJ to This case was supposedly brought on December 11, 2001 submit the revised proposed Final Judgment behalf of American consumers. We have paid Ms. Renata Hesse to the U.S. District Court without change. the price of litigation through our taxes. Our U.S. Department of Justice, Antitrust Division Sincerely, investment portfolios have taken a hard hit 601 D Street NW, Suite 1200 Dawn Johnson during this battle, and now more than ever, Washington, DC 20530 the country needs the economic stability this Ms. Hesse: MTC–00032318 settlement can provide. This settlement is in I would like to express my support for the From: Kylie Waters the public interest, and I urge the DOJ to revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse
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Date: 12/12/01 7:09am during this battle, and now more than ever, allegedly filed. Consumers will be able to Subject: Microsoft Settlement the country needs the economic stability this select a variety of pre-installed software on Kylie Waters settlement can provide. This settlement is in their computers. It will also be easier to 2563 Spencer Hill Road the public interest, and I urge the DOJ to substitute competitors’ products after Corning, NY 14830 submit the revised proposed Final Judgment purchase as well. The Judgment even covers December 12, 2001 to the U.S. District Court without change. issues and software that were not part of the Ms. Renata Hesse Sincerely, original lawsuit, such as Windows XP, which U.S. Department of Justice, Antitrust Division Kylie Waters will have to be modified to comply with the 601 D Street NW, Suite 1200 settlement. Washington, DC 20530 MTC–00032319 This case was supposedly brought on Ms. Hesse: From: Ted Payne behalf of American consumers. We have paid I would like to express my support for the To: Ms. Renata Hesse the price of litigation through our taxes. Our revised proposed Final Judgment in the U.S. Date: 12/12/01 8:56am investment portfolios have taken a hard hit v. Microsoft case. This lengthy litigation has Subject: Microsoft Settlement during this battle, and now more than ever, cost my fellow taxpayers and me more than ted payne the country needs the economic stability this $35 million, and after reviewing the terms of 4009 Druid Hills rd settlement can provide. This settlement is in this Judgment, final approval is clearly in the louisville, ky 40207 the public interest, and I urge the DOJ to public interest. Perhaps of greatest benefit to December 12, 2001 submit the revised proposed Final Judgment the American people, the Department of Ms. Renata Hesse to the U.S. District Court without change. Justice (DOJ) and the settling states will avoid U.S. Department of Justice, Antitrust Division Sincerely, additional costs and now be able to focus 601 D Street NW, Suite 1200 Ted Payne their time and resources on matters of far Washington, DC 20530 greater national significance: the war against Ms. Hesse: MTC–00032320 terrorism, including homeland security. As I would like to express my support for the From: John D. Eckert noted by District Court Judge Colleen Kollar- revised proposed Final Judgment in the U.S. To: Ms. Renata Hesse Kotelly, who pushed for a settlement after the v. Microsoft case. This lengthy litigation has Date: 12/12/01 9:40am attacks of September 11, it is vital for the cost my fellow taxpayers and me more than Subject: Microsoft Settlement country to move on from this lawsuit. The $35 million, and after reviewing the terms of John D. Eckert parties worked extremely hard to reach this this Judgment, final approval is clearly in the 1749 Summerlin Place agreement, which has the benefit of taking public interest. Jeffersonville, IN, IN 47130–9677 effect immediately rather than months or Perhaps of greatest benefit to the American December 12, 2001 years from now when all appeals from people, the Department of Justice (DOJ) and Ms. Renata Hesse continuing the litigation would finally be the settling states will avoid additional costs U.S. Department of Justice, Antitrust Division exhausted. and now be able to focus their time and 601 D Street NW, Suite 1200 The terms of the settlement offer a fair resources on matters of far greater national Washington, DC 20530 resolution for all sides of this case: the DOJ, significance: the war against terrorism, Ms. Hesse: the states, Microsoft, competitors, consumers including homeland security. As noted by I would like to express my support for the and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, revised proposed Final Judgment in the U.S. up and will be able to continue to innovate who pushed for a settlement after the attacks v. Microsoft case. This lengthy litigation has and provide new software and products. of September 11, it is vital for the country to cost my fellow taxpayers and me more than Software developers and Internet service move on from this lawsuit. The parties $35 million, and after reviewing the terms of providers (ISPs), including competitors, will worked extremely hard to reach this this Judgment, final approval is clearly in the have unprecedented access to Microsoft’s agreement, which has the benefit of taking public interest. programming language and thus will be able effect immediately rather than months or Perhaps of greatest benefit to the American to make Microsoft programs compatible with years from now when all appeals from people, the Department of Justice (DOJ) and their own. continuing the litigation would finally be the settling states will avoid additional costs Competitors also benefit from the provision exhausted. and now be able to focus their time and that frees up computer manufacturers to The terms of the settlement offer a fair resources on matters of far greater national disable or uninstall any Microsoft application resolution for all sides of this case: the DOJ, significance: the war against terrorism, or element of an operating system and install the states, Microsoft, competitors, consumers including homeland security. As noted by other programs. In addition, Microsoft cannot and taxpayers. Microsoft will not be broken District Court Judge Colleen Kollar-Kotelly, retaliate against computer manufactures, up and will be able to continue to innovate who pushed for a settlement after the attacks ISPs, or other software developers for using and provide new software and products. of September 11, it is vital for the country to products developed by Microsoft Software developers and Internet service move on from this lawsuit. The parties competitors. Plus, in an unprecedented providers (ISPs), including competitors, will worked extremely hard to reach this enforcement clause, a Technical Committee have unprecedented access to Microsoft’s agreement, which has the benefit of taking will work out of Microsoft’s headquarters for programming language and thus will be able effect immediately rather than months or the next five years, at the company’s expense, to make Microsoft programs compatible with years from now when all appeals from and monitor Microsoft’s behavior and their own. continuing the litigation would finally be compliance with the settlement. Competitors also benefit from the provision exhausted. Most importantly, this settlement is fair to that frees up computer manufacturers to The terms of the settlement offer a fair the computer users and consumers of disable or uninstall any Microsoft application resolution for all sides of this case: the DOJ, America, on whose behalf the lawsuit was or element of an operating system and install the states, Microsoft, competitors, consumers allegedly filed. Consumers will be able to other programs. In addition, Microsoft cannot and taxpayers. Microsoft will not be broken select a variety of pre-installed software on retaliate against computer manufactures, up and will be able to continue to innovate their computers. It will also be easier to ISPs, or other software developers for using and provide new software and products. substitute competitors’ products after products developed by Microsoft Software developers and Internet service purchase as well. The Judgment even covers competitors. Plus, in an unprecedented providers (ISPs), including competitors, will issues and software that were not part of the enforcement clause, a Technical Committee have unprecedented access to Microsoft’s original lawsuit, such as Windows XP, which will work out of Microsoft’s headquarters for programming language and thus will be able will have to be modified to comply with the the next five years, at the company’s expense, to make Microsoft programs compatible with settlement. and monitor Microsoft’s behavior and their own. This case was supposedly brought on compliance with the settlement. Competitors also benefit from the provision behalf of American consumers. We have paid Most importantly, this settlement is fair to that frees up computer manufacturers to the price of litigation through our taxes. Our the computer users and consumers of disable or uninstall any Microsoft application investment portfolios have taken a hard hit America, on whose behalf the lawsuit was or element of an operating system and install
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other programs. In addition, Microsoft cannot and taxpayers. Microsoft will not be broken on various internet news sites that the retaliate against computer manufactures, up and will be able to continue to innovate proposed settlement terms allow Microsoft to ISPs, or other software developers for using and provide new software and products. determine if a company is legitimate before products developed by Microsoft Software developers and Internet service they have to share some of their inner competitors. Plus, in an unprecedented providers (ISPs), including competitors, will workings with them. The case has been made enforcement clause, a Technical Committee have unprecedented access to Microsoft’s that the ‘‘Open Source’’ movement would not will work out of Microsoft’s headquarters for programming language and thus will be able be viewed as such and therefore can be the next five years, at the company’s expense, to make Microsoft programs compatible with discriminated against. This movement looks and monitor Microsoft’s behavior and their own. Competitors also benefit from the to be the greatest hope of breaking compliance with the settlement. provision that frees up computer Microsoft’s monopoly yet and needs to be Most importantly, this settlement is fair to manufacturers to disable or uninstall any able to stand on equal footing. I respectfully the computer users and consumers of Microsoft application or element of an request that you implement meaningful America, on whose behalf the lawsuit was operating system and install other programs. reforms for Microsoft without infringing on allegedly filed. Consumers will be able to In addition, Microsoft cannot retaliate against free interprise and the American way. Please select a variety of pre-installed software on computer manufactures, ISPs, or other consider: their computers. It will also be easier to software developers for using products 1. Don’t give MS a foot-hold in our schools substitute competitors’ products after developed by Microsoft competitors. Plus, in were Apple seams to compete reasonably purchase as well. The Judgment even covers an unprecedented enforcement clause, a well. issues and software that were not part of the Technical Committee will work out of 2. Don’t allow MS to withold code, API’s, original lawsuit, such as Windows XP, which Microsoft’s headquarters for the next five etc. from the Open Source folks. will have to be modified to comply with the years, at the company’s expense, and monitor 3. Force MS to unbundle ‘‘middleware’’ settlement. Microsoft’s behavior and compliance with from Windows or sell a ‘‘stripped’’ down This case was supposedly brought on the settlement. version. behalf of American consumers. We have paid Most importantly, this settlement is fair to 4. Scutinize MS’s plans to provide the price of litigation through our taxes. Our the computer users and consumers of broadband internet access to America via investment portfolios have taken a hard hit America, on whose behalf the lawsuit was MSN. during this battle, and now more than ever, allegedly filed. Consumers will be able to 5. Formulate remedies with teeth. the country needs the economic stability this select a variety of pre-installed software on 5. Watch them like a hawk! settlement can provide. This settlement is in their computers. It will also be easier to Thank you for this opportunity to voice my the public interest, and I urge the DOJ to substitute competitors’ products after views. submit the revised proposed Final Judgment purchase as well. The Judgment even covers Rob Davis to the U.S. District Court without change. issues and software that were not part of the MTC–00032323 Sincerely, original lawsuit, such as Windows XP, which John Eckert will have to be modified to comply with the From: Herb Himmelfarb To: Himmelfarb, Cyn (038) Herb settlement. Date: 12/12/01 12:17pm MTC–00032321 This case was supposedly brought on Subject: Microsoft Settlement From: Michael Cramer behalf of American consumers. We have paid Hi, To: Ms. Renata Hesse the price of litigation through our taxes. Our The proposed settlement in the anti-trust Date: 12/12/01 9:58am investment portfolios have taken a hard hit case against the Microsoft Corporation Subject: Microsoft Settlement during this battle, and now more than ever, appears to me to be too lenient. In my Michael Cramer the country needs the economic stability this opinion, this corporation has engaged in 51 Cobblestone Lane settlement can provide. This settlement is in restraint of trade to an alarming degree. Hanover, MA 02339 the public interest, and I urge the DOJ to December 12, 2001 Rather than bore you with information you submit the revised proposed Final Judgment already have, I request that more severe Ms. Renata Hesse to the U.S. District Court without change. penalties be imposed upon Microsoft. U.S. Department of Justice, Antitrust Division Sincerely, Thank you for your attention to this matter. 601 D Street NW, Suite 1200 Michael R. Cramer Herbert S. Himmelfarb Washington, DC 20530 615 19 Street NE Ms. Hesse: MTC–00032322 Salem, OR 97301–2713 I would like to express my support for the From: Robert Davis 503.375.2934 revised proposed Final Judgment in the U.S. To: US DOJ [email protected] v. Microsoft case. This lengthy litigation has Date: 12/12/01 11:33am cost my fellow taxpayers and me more than Subject: U.S. v. Microsoft MTC–00032325 $35 million, and after reviewing the terms of To whom it may concern: From: MARTY REISLER this Judgment, final approval is clearly in the My name is Robert Davis, I am an Architect To: MSN Messenger Support public interest. and I live in Denver, CO. I am not a Date: 12/13/01 7:35am Perhaps of greatest benefit to the American ‘‘technical’’ person as far the computer Subject’ Re’ [Re’ [Re: [Re: [Re’ [RE: people, the Department of Justice (DOJ) and industry goes, just an end user. I purchased CST51666018ID– MSN Chat the settling states will avoid additional costs my first computer, a Commodore 64 back in Feedback]]]]] and now be able to focus their time and about 1981. I then migrated to Apple’s CC: Microsoft ATR,[email protected]@ resources on matters of far greater national Macintosh, then to Windows on Intel, and inetgw,jim.hill@... significance the war against terrorism, now in light of Microsoft’s illegal monopoly including homeland security. As noted by actions, I’ve just begun a transition to the MTC–00032325 0001 District Court Judge Colleen Kollar-Kotelly, Linux operating system. I’m probably OK there is no selection for messenger who pushed for a settlement after the attacks somewhat atypical from most in that I’ve removal under add remove problems. My of September 11, it is vital for the country to used multiple operating systems during my guess is that it is integrated into MSN move on from this lawsuit. The parties experiences. Based on this experience I’ve Explorer MSN Explorer must be removed worked extremely hard to reach this seen many small, innovative software from the Windows component wizard. If I agreement, which has the benefit of taking companies come up with some very good remove MSN Explorer then I do not think I effect immediately rather than months or applications. What I now observe is that can sign on to or at least find new local years from now when all appeals from Microsoft keeps rolling the same numbers for the MSN service when continuing the litigation would finally be functionality into Windows and effectively travelling. exhausted. killing all other competition. I don’t see this After 5 emails you won’t admit I can’t turn The terms of the settlement offer a fair as good for America. To their credit they off your messenger service so you tell me to resolution for all sides of this case the DOJ, have been successful in standardizing the uninstall but give me bogus directions on the states, Microsoft, competitors, consumers computing experience somewhat. I have read how This cinches that I will remove the MSN
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components as soon as my free trial is over. one line (comment line probably), and then The terms of the settlement offer a fair This is the kind of riduculous crap that make they’re calling it Microsoft’s intellectual resolution for all sides of this case: the DOJ, people want to see Microsoft severely property. the states, Microsoft, competitors, consumers chopped into more harmless less arrogant And what about TCP/IP showing up under and taxpayers. Microsoft will not be broken pieces. The incredible run around from a ‘‘Microsoft Protocols’’. Since when TCP/IP is up and will be able to continue to innovate tech support department who won’t admit Microsoft’s? and provide new software and products. that the MSN application is setup so that I By that time next year, it will be probably Software developers and Internet service have to be logged into your new messenger called MSN/IP. providers (ISPs), including competitors, will service so you can claim a large user base to Thank you for your time. have unprecedented access to Microsoft’s get more people to use your messenger app Robert Gasiorowski. programming language and thus will be able is probally criminal. Thankfully messenging Mac, Linux and Sun user. to make Microsoft programs compatible with is not something you have arrived at in time their own. Competitors also benefit from the MTC–00032327 to compete in. You can now add me to the provision that frees up computer list of Microsofts foes and maybe even force From: Lisa Hutchins manufacturers to disable or uninstall any me to use AOL as my means of connecting To: Ms. Renata Hesse Microsoft application or element of an when away from home. Date: 12/13/01 1:04pm operating system and install other programs. I think it is a gross failure on the part of Subject: Microsoft Settlement In addition, Microsoft cannot retaliate against the justice department to think of settling Lisa Hutchins computer manufactures, ISPs, or other with Microsoft while it is still finding new 16549 NW 16th Street software developers for using products ways to exploit its operation system Pembroke Pines, FL 33028 developed by Microsoft competitors. Plus, in monopoly in this manner. December 13, 2001 an unprecedented enforcement clause, a —Marty Reisler Ms. Renata Hesse Technical Committee will work out of 213 N. Highland Ave U.S. Department of Justice, Antitrust Division Microsoft’s headquarters for the next five Nyack NY 10960 601 D Street NW, Suite 1200 years, at the company’s expense, and monitor From: [email protected] Washington, DC 20530 Microsoft’s behavior and compliance with To: ‘‘MSN Messenger Support’’ Ms. Hesse: the settlement.
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