Trash this if you don't want to read it. It's an editorial from CMP Tech
Web, a technology investor's online market letter. Does this corporate
attitude on the part of Microsoft seem familiar to those who've been
waiting to hear MS' definitive patch answer?
<<The Wise Guy Defense
(01/15/98)
By Jeff Pundyk, editor, CMPnet
Before the law students go and write up the case study of Microsoft vs.
the Department of Justice, they should give me a call. Ive got the
perfect title for Microsofts strategy: "The Wise Guy Defense."
With every day of this weeks contempt hearing, Microsoft sounds more
and more like those guys who sat in class and snickered because they
absolutely knew they were smarter than the teacher.
You remember those guys. They were bored and disinterested in class --
and usually aced their tests with time to spare. The teacher had no
authority over these guys. They just plain didnt recognize authority,
and there was nothing the teacher could do about it.
This week, Microsoft has been in court arguing that it honored a court
order to offer computer makers Windows 95 without Internet Explorer.
Microsoft says to do so, it had to ship faulty copies of Win 95.
Separating the operating system and the browser, Microsoft contends,
breaks the OS because the two are so intertwined.
So, whos at fault for the bad OSes? The court, for writing the order in
the first place, of course, Microsoft says.
Cant you just see the smirks on the faces of the defense team when they
thought of that one? No? Listen to this exchange:
Judge Thomas Penfield Jackson: "It was absolutely clear to you that I
entered an order that required you to distribute a product that would
not work? Is that what youre telling me?"
David Cole, vice president of Internet Technologies, Microsoft: "In
plain English, yes. We followed the order. It wasnt my place to
consider the consequences of that."
Boy, that Wise Guy Defense sure is tricky -- alienate the judge, the
computer manufacturers, and the public in one fell swoop. Microsofts
performance during the hearing is disingenuous. Its got the feel of bad
faith. And worse, Microsoft doesnt seem to care. Microsoft has always
been the company we love to hate. But despite the knocks -- it makes
second-rate software, it lacks innovation, it engages in suspect
business practices -- Microsoft has always had our grudging respect as
that great American icon: the Giant of Industry. Weve been willing to
forgive it almost anything by virtue of its sheer accomplishment.
But thats over now that Microsoft has put its arrogance on public
display. Win, lose, or draw, this week, Microsoft lost the benefit of
the doubt. Bad news, Bill. We all have to sit in class. Nobody likes a
wise guy.>>