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“The record of internal communications provided an unprecedented glimpse into the strategic debates and internal decision-making processes of a company that had long restricted outside access to its insular corporate culture. The leader of the emerging information age was turned inside out by a powerful tool of that new age, electronic mail.”
                    -- from Prologue: The E-mail Trail

Some of the key documents:
(Hint: read e-mail threads from the bottom!)
  1. The February, 1999 exchange between Brad Silverberg and Ben Slivka, in which Brad writes, “Hmmm, David Bank. He’s not exactly on my Xmas card list right now.”
    http://www.usdoj.gov/atr/cases/f4700/gx40.pdf

  2. John Ludwig reports on an August, 1997 executive staff meeting in which Gates touches on Java and the Apple deal.  “conversations with billg last nite.”
    http://www.usdoj.gov/atr/cases/exhibits/255.pdf

  3. A member of Nathan Myhrvold’s team reports back on April, 1995 discussions with Visa, Mastercard and Netscape. “We DID get the per transaction deal we wanted,” she writes. “Re: stt/Netscape.”
    http://www.usdoj.gov/atr/cases/exhibits/949.pdf


  4. Myhrvold ghost writes an article for Gates in 1993. “Telling It Like It Is.”
    http://www.usdoj.gov/atr/cases/exhibits/949.pdf


  5. Gates worries about the imminent Internet tidal wave in a late-night message to his technical team in April, 1995.
    http://www.usdoj.gov/atr/cases/exhibits/17.pdf

  6. Gates worries about the Java threat in September, 1996. “This scares the hell out of me,” he writes. “Think Week (Long!).”
    http://www.usdoj.gov/atr/cases/exhibits/983.pdf

  7. Gates worries in December, 1997 about where future revenue growth will come from. “Re: As promised OEM pricing thoughts.”
    http://www.usdoj.gov/atr/cases/exhibits/61.pdf

  8. Slivka lays out his belief, circa May, 1995, that “The Web is the Next Platform (v5),”
    http://www.usdoj.gov/atr/cases/exhibits/21.pdf

  9. The Internet team in 1995 previews nearly all of the tactics used to catch Netscape in the browser war. “How to get to 30% share in 12 months.
    http://www.usdoj.gov/atr/cases/exhibits/684.pdf

  10. Gates is surprisingly candid in his keynote speech on Dec. 7, 1997 keynote speech outlining Microsoft’s new Internet strategy.
    http://www.usdoj.gov/atr/cases/exhibits/502.pdf

  11. Silverberg’s deputy, Brad Chase, lays out the rationale for the new Internet Platform and Tools Division in February 1996. http://www.usdoj.gov/atr/cases/exhibits/485.pdf

  12. Jim Allchin complains to Maritz about the emphasis on browser market share and urges a recommitment to Windows. “IE and Windows.”
    http://www.usdoj.gov/atr/cases/exhibits/50.pdf

  13. Brad Chase on “Preserving the Desktop Paradise.”
    http://www.usdoj.gov/atr/cases/exhibits/510.pdf

  14. In March, 1997, Gates signals the beginning of the counter-reformation against open Web standards. “HTML Openness.” http://www.usdoj.gov/atr/cases/exhibits/351.pdf

  15. Microsoft executives discuss the problems coordinating the release of Internet Explorer 4.0 with Windows 98, codenamed Memphis. “Externally though we cannot discuss the possibility of shipping Memphis without IE4,” writes Moshe Dunie.
    http://www.usdoj.gov/atr/cases/exhibits/56.pdf

  16. Mike McCue of Netscape complains about “Microsoft license agreement restriction” in September, 1996.
    http://www.usdoj.gov/atr/cases/exhibits/194.pdf

  17. Jim Allchin orders Microsoft’s marketing of Internet Explorer be revised in February, 1998 to make clear the browser is simply part of Windows. “New Org."
  18. Gates insists that Microsoft use Windows 98 to promote its on-line efforts, but his aides suggest any announcement be postponed until after his appearance before the Senate Judiciary Committee. “Wind98 Schedule Update,”
    http://www.usdoj.gov/atr/cases/exhibits/225.pdf

  19. Microsoft requires that PointCast severely restrict its dealings with Netscape in the December, 1996 “License, distribution and promotion agreement.”
    http://www.usdoj.gov/atr/cases/exhibits/1153.pdf

  20. Microsoft’s PR team insists that its business as usual for Gates in February 1999.
    http://www.usdoj.gov/atr/cases/exhibits/2243.pdf

More information on Microsoft and its legal battles:

  1. The Justice Department’s Antitrust Division main index on the Microsoft case contains all of the exhibits entered into evidence as well as the government’s legal filings.
    http://www.usdoj.gov/atr/cases/ms_index.htm

  2. Judge Thomas Penfield Jackson’s Memorandum and Order and Final Judgement, June 7, 2000 --  the breakup order.
    http://usvms.gpo.gov/

  3. Jackson’s April 3, 2000 Conclusion of Law and Order.
    http://usvms.gpo.gov/conclusions_index.html

  4. Jackson’s November, 1999 Findings of Fact (Corrected and refiled Dec. 21, 1999).
    http://usvms.gpo.gov/findings_index.html


  5. Microsoft’s archive of corporate information and legal documents is at Microsoft PressPass.
    http://www.microsoft.com/presspass/default.asp


  6. Microsoft’s competitors keep the heat on the company through ProComp: The Project to Promote Competition in the Digital Age.  
    http://www.procompetition.org/index.html

  7. Microsoft and its allies fight back through the Association for Competitive Technology.
    http://www.actonline.org/default.asp

  8. ACT has a good archive of transcripts from the antitrust trial.
    http://www.actonline.org/press_room/trial/default.asp

  9. ZDNet maintains a good collection of the depositions of witnesses in the case.
    http://www.zdnet.com/zdnn/special/msdojdepos/msdojdepos.html

  10. Harvard’s Berkman Center has one of the best archives of trial news.
    http://cyber.law.harvard.edu/msdoj/news.html#older

  11. A summary and archive of the earlier case that led to the 1995 consent decree.
    http://techlawjournal.com/courts/dojvmsft/Default.htm

  12. A summary and archive of the main U.S. v. Microsoft Corp. antitrust case.
    http://techlawjournal.com/courts/dojvmsft2/Default.htm.

  13. Sun’s site with information on its suit against Microsoft over Java.
    http://java.sun.com/lawsuit/

  14. Another site with a summary and archive of the Java case.
    http://techlawjournal.com/courts/sunwvmsft/Default.htm

  15. Microsoft’s internal analysis of the threat from Linux (aka “The Halloween Documents).
    http://www.opensource.org/halloween/

  16. A good place to start to get information on Extensible Markup Language, or XML.
    http://www.w3.org/XML/

 


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E-mail David Bank at david.bank@wsj.com