310. Microsoft’s contemporary paperwork indicate only a priority with eliminating Netscape as a platform menace. Microsoft’s very completely different, after-the-fact explanations for its browser pricing are pretextual. 307.2. Microsoft’s predatory pricing deprived Netscape of distribution by way of OEMs and ISPs, additional injuring Netscape’s ability to maintain share. Paul Maritz’s trial testament about whether or not Microsoft tracked the event expenses of the browser when it was truly being developed and priced is internally contradictory, confusing, and unbelievable.
GX 2347A. 377.1. First, the MDC knowledge, opposite to Dean Schmalensee’s evaluation (Schmalensee Dir. Exec. Sum. ¶ 16), cannot be relied upon to show that Netscape’s share fell solely 5%. 377. The MDC data have notably critical defects that make them unreliable for the purposes for which they were used by Dean Schmalensee.
This is ridiculous. Business models can and will be disrupted. No firm is entitled to a business model.
When Microsoft first released Windows 95, OEMs personalized the Windows ninety five desktop and start-up sequence in various ways designed to meet shopper demand; they usually did so with Microsoft’s tacit or specific consent. 174.3. Third, Dean Schmalensee implicitly assumes (Schmalensee Dir. ¶ 232), opposite to the proof, that a user can persistently implement his or her selection of default browser in Windows 98. 172.
210.three. In conferences in early 1997, Microsoft expressly conditioned extra MDA dollars on IBM’s agreeing to distribute and promote Internet Explorer exclusively and not to distribute or promote Netscape Navigator and other competing software on IBM PCs. 209.3. Third, Microsoft used comparable tactics in 1996 and 1997 in a further effort to convince IBM to not ship the competing Lotus SmartSuite and Notes products.
30.three. Thus, though at its peak OS/2 ran approximately 2,500 applications and had 10% of the market, IBM determined that the applications barrier to entry was too extreme to compete against Windows within the shopper section of the market and, for that cause, in 1996 stopped making an attempt to convince ISVs to write to OS/2. Paul Maritz testified that “software program merchandise could be produced and distributed in vast portions very quickly. Once a software reseller sues microsoft million product is created, the price to repeat is close to zero, and the product may be rapidly distributed around the block or around the world by way of the Internet or other networks.” Maritz Dir. Avadis Tevanian testified that “the industrial viability of an working system is critically depending on the availability of utility programs–including well-accepted, broadly-used software programs–that are written for use on that system.” Tevanian Dir.
