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Microsoft Witnesses Focus on Consumers, Industry Harm
The focus of the antitrust trial moved from competitors back to consumers this week as the states ended their case and Microsoft took the lead. Microsoft's witnesses testified that the states' proposed sanctions would hurt consumers and the software industry, and would turn back the clock on the progress Americans with disabilities have made due to technology innovations.
The most dramatic moment of the week came when Chris Hofstader, vice president of software engineering for Freedom Scientific Inc., demonstrated his company's product, which works with Windows to help the visually impaired. Mr. Hofstader, who has been blind since birth, testified that fragmenting Windows, as the states' proposal would do, could prevent blind consumers from using his company's product with their computers.
Mr. Hofstader's testimony underscored Microsoft's long-time commitment to accessibility for disabled consumers, as reported in recent media coverage: "In Windows XP, Microsoft included an accessibility wizard so users can customize the look of their desktop with features such as magnification of type, bigger mouse pointers and voice recognition. 'Microsoft didn't want 20 versions of Windows,' [(Microsoft's) Ellen Mosner] said. 'We want people to be able to customize their experience.'" ("TECHABLE Series: TECH TIMES," St. Petersburg Times; Mar 11, 2002; DAVE GUSSOW) Full story can be accessed through the paper's online archives:
http://pqasb.pqarchiver.com/sptimes/index.html?ts=1017361453
For the first time, the suing states chose not to refute a witness through cross-examination.
http://www.microsoft.com/presspass/trial/mswitness/2002/hofstader.asp
The week also included testimony from University of Chicago economist Kevin Murphy, as well as representatives of technology companies large and small, including AMD, Autodesk, Onyx and Opus-I. All testified to the consumer benefits of a stable Windows platform and strongly criticized sanctions that would create thousands of versions of Windows and keep computers, programs and related devices such as printers from working together.
http://news.com.com/2100-1001-884205.html
http://www.reuters.com/news_article.jhtml?type=search&StoryID=834011
At the request of the trial judge, the U.S. Department of Justice this week filed a brief in response to Microsoft's motion to dismiss the non-settling states' case. James V. DeLong, Senior Fellow for the Project on Technology & Innovation at the Competitive Enterprise Institute, wrote that the DoJ brief strongly supported its existing settlement instead of the states' proposed sanctions: "Even if the nine states were to persuade the trial judge that they deserve more, they could not win in a Court of Appeals armed with this DOJ statement," DeLong noted.
http://www.cei.org/gencon/016,02962.cfm
Critical Consumer Issue on the Horizon
The antitrust case isn't the only issue that poses a threat to consumers. Do you like to record TV shows to watch later? Or copy your CDs onto an MP3 player to listen to while you work out? Both actions could become illegal if Congress passes unreasonable security mandates on digital media technology. The Senate already has introduced a bill and the House will hold hearings next week on so-called Digital Rights Management (DRM).
The FIN will update members on the status of this critical issue as events develop. For more information, see:
http://ptech.wsj.com/archive/ptech-20020314.html
FIN helps its members stay informed about the trial and other critical policy debates that affect the future of technology. You can learn more and contact your public officials to share your views by visiting:
www.microsoft.com/freedomtoinnovate
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