PRESTON GATES & ELLIS LLP

David T. McDonald (WA State Bar #5260)

Karl J. Quackenbush (WA State Bar #9602)

701 Fifth Avenue, Suite 5000

Seattle, WA 98104-7078

(206) 623-7580

ORRICK, HERRINGTON & SUTCLIFFE LLP

Terrence P. McMahon (#71910)

Barbara A. Caulfield (#108999)

1020 Marsh Road

Menlo Park, CA 94025

(650) 614-7400

RUBY & SCHOFIELD

Allen Ruby (#47109)

60 South Market Street, Suite 1500

San Jose, CA 95113

(408) 998-8500

MICROSOFT CORPORATION

Thomas W. Burt (WA State Bar #9613)

Linda K. Norman (WA State Bar #15369)

One Microsoft Way, Bldg. 8

Redmond, WA 98052

(425) 882-8080

Attorneys for Defendant Microsoft Corporation

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

AT SAN JOSE

[REDACTED PURSUANT TO PROTECTIVE ORDER]

Charles Fitzgerald makes the following declaration on personal knowledge:

1. I have been employed by Microsoft since 1989. I am currently the Director of Business Development for the Developer Group. Between 1996 and 1998, I was Microsofts primary spokesperson for its implementations of Java technology. One of my responsibilities is to communicate with software developers concerning Microsofts products . Because software developers are a key constituency for Microsoft, one of my responsibilities includes communicating with software developers concerning Microsofts product. I regularly attend developers conferences around the country, give presentations a to our developer tools customers, and monitor Internet news groups and mailing lists focused on Java development.

2. Microsoft encourages ISVs to write applications for the Windows operating system. We attempt to provide developers with high-quality development tools, such as VJ++ 6.0, to use in developing Windows applications.

3. Many ISVs find Java to be a useful and productive programming language, but also find that "pure" Javas inherent limitations do not allow for the creation of high performance, well-integrated applications with compelling functionality that customers expect. To aid Java developers in building commercially viable applications for Windows customers around the world, Microsoft has created enhancements such as J/Direct, WFC, and the Microsoft compiler directives and keywords (collectively "enhanced Java tools" ) about which Sun complains in this litigation. These enhanced Java tools allow developers to use the Java language while accessing the features and performance of native Windows code and re-using the huge quantity of native code previously created for Windows, specifically Dynamic Link Libraries and software objects written in the Common Object Model ( "COM" ) format. In many cases developers would simply abandon the Java programming language if it were not possible to easily incorporate native Windows code and COM objects. Microsofts enhanced Java tools benefit ISVs by enabling them to be productive using the Java programming language while creating commercially valuable Windows applications.

4. While initially supported only by Microsofts Java virtual machine, other vendors are beginning to support Microsofts enhanced Java tools. Microsoft does not attempt to mislead developers into thinking that these enhanced tools are supported by all Java virtual machines or are intended for the development of cross-platform programs. These Microsoft enhancements are used by developers who have decided that the least common denominator approach of cross platform Java programming does not serve their needs, and have decided to build applications in Java that take advantage of Windows. I have never heard of any developer who has been confused or deceived about the consequences of using these Microsoft tools. It is a choice they explicitly make in their own self-interest based on what they believe will best meet their customers needs.

5. Microsoft has been approached by many companies that make developers tools seeking to employ Microsofts enhanced Java tools in their products. In response, Microsoft created the Developer Tools Interoperability Kit ( "DTIK" ). The DTIK, which is made generally available on a royalty-free basis to anyone for download, consists of documentation, sample code and tests that assist developers in implementing the Microsoft enhanced Java tools in their products. The DTIK user license agreement allows users to use the DTIK internally but does not license the redistribution of any DTIK code. The DTIK contains no Sun program code or code derived from Sun program code.

6. Use of the DTIK does not prohibit the licensee from supporting any other Java technologies in a product. DTIK licensees are free to implement and support non-Microsoft native code interfaces and Java/COM integration methods, including any promoted by Sun. Implementation of Microsofts enhanced Java tools does not preclude the use of solutions offered by others, including Sun.

[REDACTION]

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

DATED this _____ day of________, 1999 at Redmond, Washington.

Charles Fitzgerald