Re: Bundling and operating systems

["Lewis A. Mettler" <lmettler@lamlaw.com>]

Mitch,

Mitch Stone wrote:
> 
> --- From a message sent by Simon Cooke on 12/19/99 3:51 AM ---
> 
> >From: "Lewis A. Mettler" <lmettler@lamlaw.com>
> >> Microsoft bundled IE because they saw that 80% of the consumers
> >> preferred Navigator.
> >
> >Not according to sworn testimony from Marc Andreesen.
> >
> >Someone brought this to my attention (they're not on-list):
> >According to unrefuted (repeat, unrefuted) evidence
> >presented in the Microsoft case, Microsoft told
> >representatives from Netscape and other companies that it
> >planned to include its browser free with its operating
> >systems. This occurred prior to the release of the first
> >beta version of Netscape Navigator.
> >
> >This information comes from Mark Andreesen's own personal
> >notes. Notes he wrote himself. It's right there in the
> >evidence.
> >
> >It is literally impossible for Microsoft to have decided
> >to give away its browser, or for Microsoft to have
> >decided to include it with its operating systems, because
> >of Netscape's market position. When Microsoft announced
> >that decision, Netscape did not have a market position.
> >Netscape did not have a released product. Netscape did
> >not even have a beta version of a product.
> >
> >---
> >
> >So... you're wrong, apparently.
> 
> I think you are being misled and/or perpetuating a canard. Microsoft
> claimed to have planned to include "Internet technologies" with Windows,
> not a "web browser" per se. These technologies were in fact MSN, in its
> original form (modeled after AOL). Dollying back to the full frame, I
> think you find that it took approximately one year for Bill Gates et al.
> to recognize that the MSN model was flawed and that they could never hope
> to beat AOL at their own game (Apple also tried and failed). What finally
> convinced Microsoft to license the Spyglass code and build a web browser
> of their "own" was the success of Netscape. This represented a major
> change in Microsoft's plans, not the original plan.
> 

There is also evidence that IE may not have been included with Windows
98 either. Very late in the sequence of events Microsoft considered
releasing Windows 98 without IE.

You also have the famous quote from Bill Gates addressed to Mr. Clark
about bundling IE with the OS.  That quote used the "b" word but did not
say "free".  The "free" pitch is pure deceit to defraud consumers and
dissuade them from objecting to the purchase.  Bill Gates used the
"bundle" word because he knew that Mr. Clark would understand that he,
Bill would ruin the market for browsers if anyone tried to enter that
marketplace.  That was in 1995.

The only thing that has changed is the deceit about the price of that
half a billion dollar product.

No monopolist need ever give away a free product.  That is the silliest
suggestion anyone can make.  This is particularly true when they can
simply bundle it with their monopoly product as they have done with
networking technology.

You have to have a lot of damaged brain cells if you think Microsoft is
not selling IE for cash money.  If you are really slow, watch your
wallet when you take IE home with Windows 98.  If there is less money in
it, you paid for IE.

-- 
Lewis A. Mettler, Esq.(Attorney and Software Developer)
lmettler@LAMLaw.com
http://www.lamlaw.com/ (detailed review of the Microsoft antitrust
trial)