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| Authored by: Anonymous on Friday, September 21 2012 @ 04:19 AM EDT |
There were a few years which I didn't read groklaw much, and
after I came back, I started to see this topic come up in
almost every article. After doing a quick search on the
topic, I'm still in the dark about what is the significance
of the Comes trial and more importantly, why it's always a
topic here. Any info would be greatly appreciated.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Friday, September 21 2012 @ 04:27 PM EDT |
This is the beginning of exhibit 0681. Tables and one illegible word have been
omitted with editor comments!
Thank you all for the hard work!
-- TheE
[Beginning of Exhibit]
To: Richard Fade<br>
From: Mark Chestnut<br>
Date: 4/15/91<br>
Subject Q3 Fiscal Year 91 Review and Q491 PLans - MCTeam<br>
CC: Joachim Kamin, John Jenkins, Ted Hannum, George Downing, Kathleen Graves,
MCTeam<p>
FY Q3 REVIEW<p>
REVENUE<p>
We finished Q3 at 136% of budget, with actual revenue of $8.2 million vs budget
of $6.0 million. AST (much stronger than anticipated system shipments),
Northgate (strong mouse and Windows orders) and NCR (better than expected mouse
orders) were all well above budget and contributed to the outstanding Q3
performance. HP at 89% was the only significant account below budget for Q3, due
to a re-structuring of OS/2 minimum commitments that caused us to issue HP a
$110K credit in Q3. Year to date the group is 134% of budget - 24.2 million
actual vs. $16.0 million budget.<p>
[Ed: Omitted table breaking down accounts by actual vs budget.]<p>
[Ed: Omitted table breaking down new business signed]<p>
PEOPLE<p>
Darcy Ruscigno joined the group and picked up two divisions of HP, as well as
Data General and Citrix. Tom Henningsgard now has responsibility for Tandon and
Northgate, in addition to Momenta. Jeff Daniels has taken over Atari and
Memorex-Telex. The current organization is as follows:<p>
Teresa Chapman - NCR<br>
Jeff Daniels - AST, Atari, Memorex-Telex<br>
Larry Edralin - HP<br>
Tom Henninsgard - Tandon, Northgate, Momenta<br>
Nancy Rizenthaler - Printer Manufacturers<br>
Darcy Ruscigno - Citrix, Data General, HP<p>
Q3 FY 1991 ACCOUNT SUMMARIES (as reported by the Account Managers)<p>
NCR (Teresa Chapman)<p>
January was a month for crisis management with NCR. The first was in the form of
NCR's final decision to participate in the GO announcement in the face of
extensive OEM lobbying to the contrary. Fortunately, NCR continued their
strategic emphasis on Pen Windows and planned to participate in our February ISV
event. In Addition, we made a bid for [Ed: Illegible]'s participation at NCR's
pen-based computing announcement in May. The second crisis came by way of the
Wall Street Journal "OS/2 is Dead" article. Given NCR's emphasis on
the OS/2 workgroup, and the projects that their retail and financial groups are
working on, the article caused a furor within the company. Richardf, Russw, and
myself conference-called NCR on the day of the article to soothe their fears.
This event outlined the necessity of enrolling NCR's top management in our
strategic plans and planning for the Executive review moved forward. It was set
for March 14. As a prelude to the Executive meeting, I drafted an account status
letter which was sent out to Tom Mays and Alok Mohan. Negotiations moved forward
with regard to DOS 5 and we also had a quarterly product review for the
workgroup products. In addition, Mikemur successfully conference-called with
Alok to discuss his concerns over IBM Extended Services and MS's response.
Finally, NCR/MS cooperation on NT OS/2 got off the ground with NCR's engineers
installed here on campus.<p>
In February, NCR sent a detailed list of OS/2 workgroup issues which Markche and
I spend a day going over in Clemson. The key action item on this list was
marketing strategy meetings with regard to workgroup products. The Executive
Review was postponed in March while we waited out the result of the AT&T
merger. Negotiation continued on DOS 5, but Pen Windows discussions stalemated.
Late in the month, Alok Mohan came out to Bellevue to speak at the Pen Windows
announcement and included NCR's support of the platform in his speech. Richardf
took the opportunity to meet with Alok and reiterate the message of the MS
Systems strategy. In addition, we started discussions regarding minimum
commitment and the Multimedia Council fee. I spent two days at Clemson at an
NCR-internal program product review meeting and gained NCR buyoff to clear up an
old outstanding credit for $187,000.<p>
The principal activity during the month of March was finalizing the DOS 5
amendments with NCR. Issues included: Exhibit M language, source code for
keyboard and display drivers, and license pak distribution rights. NCR signed
both the amendment and the distribution delay letter at the end of the month. MS
wins in the amendment were the uplift of the royalty for localized versions from
10 to the price list 15% and including key retail and financial systems in
Exhibit M per-system language. The Executive Review was finally rescheduled for
June. However, it will be important to schedule an earlier meeting with Alok
Mohan and Tom Mays. Rumblings from NCR indicate that Unix is in position to
become the OS of choice at NCR and that delays in scheduling the Executive
Review (caused primarily by full schedules and the AT&T takeover) have
caused NCR to feel that they are not "strategic" to Microsoft. In
addition, the workgroup product set continues to struggle for sales force
bandwidth in the face of increasing IBM sales action regarding Extended
Services. A last ditch effort to include NCR in the Multimedia PC Council was
unsuccessful as NCR continues to define their goals with regard to Multimedia.
Draft agreements for MM Windows and the MPC Council are sent to NCR. Finally,
negotiations continued regarding a new Non-disclosure agreement and Pen Windows
licenses. Major issues with Pen Windows included "per-system" pricing
and MS Participation in the NCR media event in June.<p>
[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Saturday, September 22 2012 @ 09:28 AM EDT |
http://groklawstatic.ibiblio.org/pdf/iowa/www.iowaconsumercase.org/011607/1000/PX01252.pdf
<p>
PLAINTIFF'S EXHIBIT 1252<br />
Comes v. Microsoft
</p>
<p>
Facsimile Transmittal
</p>
<table>
<tr><td>Microsoft Corporation</td><td>Phone:(206)
882-8080</td></tr>
<tr><td>One Microsoft Way</td><td>Telex:160520 MSFT
BVUE</td></tr>
<tr><td>Redmond, WA 98052-6399</td><td>FAX:(206) 93 MS
FAX
(936-7329)</td></tr>
<tr><td>United States of America</td></tr>
</table>
<table>
<tr><td>Date: 2/27/92</td></tr>
<tr><td>To: Jim Allchin</td></tr>
<tr><td>CC:</td></tr>
<tr><td>From: Tony Audino</td></tr>
<tr><td>Phone</td><td>Fax Phone: (206)
898-3328</td></tr>
<tr><td>Total number of pages (including this cover
sheet): 4</td></tr>
<tr><td>If sending problems occur please
call</td><td>Phone:</td></tr>
</table>
<p>
___URGENT ___ FOR YOUR REVIEW _____REPLY ASAP ____
PLEASE COMMENT
</p>
<p>
Jim,
</p>
<p>
Please distribute as you see fit.
</p>
<p>
Tony
</p>
<p>
To: Billg, Steveb, Paulma, Bradsi, Mikemap<br />
From Tonya<br />
Re: Novell Trip Report<br />
Date: 2/27/92<br />
Cc: Jimall, Billp
</p>
<p>
Yesterday Jimall, Billp and I went to Provo for a meeting
with Novell on the SDA and
Development Projects. Rob Hicks, Jack Blount and Bob Young
attended from Novell.
David Bradford, General Counsel, also sat in on part of
the meeting. Ray stopped by at
the beginning and end of the meeting to express his
interest in the discussions but
otherwise wasn't involved.
</p>
<p>
The purpose of the meeting was:
</p>
<ul>
<li>to resolve the outstanding issues on the SDA and
Development Projects (DPs);</li>
<li>finalize the agreement for the Novell driver to be
included in Win 3.1; and</li>
<li>finalize an amendment to the existing NDA we have with
Novell which will enable
us to send them some code and docs on NT so they can
begin work on the
NetWare client for NT.</li>
</ul>
<p>
The meeting got off to a rough start as a result of the
new DP they had faxed to us the
night before the meeting (DP #6). This agreement states
that MS will license EMM386
and HIMEM to Novell (including source code) and assist
Novell in making DR-DOS
compatible with all current and future versions of Windows
and Windows NT. They
indicated they were very serious about this and failure to
reach agreement on it would
jeopardize the entire deal. We told them that DP #6 came
as a complete surprise and it
was a far cry from the earlier discussions which were
focused on having the DR Systems
Group as a beta site for Win 3.1 and future releases. We
said it was highly unlikely that
we would ever agree to anything close to DP #6. They
argued that this would actually
help sell Windows and would expand the market.
</p>
<p>
A few things became clear during the course of the day.
This issue was raised within
Novell when Dick Williams went crazy at an executive
briefing on the deal. He found out
that they weren't going to push the Windows compatibility
issue as part of the deal and
convinced them they will lose any leverage they have after
the deal is signed. They claim
that Darryl Miller was too soft on this issue during the
opening discussions with Steveb
and Jimall. They were less hard core on this being the
deal killer as the day went on. Jack
would like the opportunity to come to MS and "sell" us on
why this would be a good thing
for both companies. We told him we would have to go talk
it over with Billg and Steveb
to see if we would be willing to even be open minded on
the issue. Jimall had a separate
discussion with Jack at one point in the day on this issue
and may have more data.
</p>
<p>
After we spent some time talking about DP #6, we decided
we should try to make
progress on the SDA and other DPs. There were only two
issues of significance raised in
the SDA - the residuals clause and maintenance
modifications/enhancements. They
accepted our language on residuals after some persuasion
from Billp. We also reached
agreement on the maintenance modifications/enhancements.
Billp is making the changes
to the SDA and will distribute copies to everyone on the
distribution of this memo. The
SDA should be close to final. Please review and send
comments to Billp and I.
</p>
<p>
The DPs were more problematic as we had anticipated. We
were only able to get through
the first three of the remaining 5 DPs. A few common key
issues arose in the discussion
of these DPs.
</p>
<ol>
<li>Novell wants source to all of Windows 3.1, Windows NT
and LM Windows 3.1
client.</li>
<li>Novell wants to place restrictions on MS' ability to
use the Licensed Works to the
"client" portion of the Novell client/server model.
They define this to mean that
network file and print services will not be offered to
users on a network except
through the interaction of a Licensed Work with
NetWare server.</li>
<li>Novell wants to be able to charge MS a royalty in the
event they begin licensing
NetWare DOS clients using a client pricing model.</li>
</ol>
<p>
On the first isue, Novell believes the technology exchange
as proposed by MS in the first
draft of the DPs was to one-sided in MS' favor. Providing
source code for Windows,
Windows NT and the LM Win client was a way for them to
equalize this. We told them
the source for these items wasn't necessary to do the work
and wouldn't be provided.
They claim that they would be able to develop better
clients if they had the source. We
told them we would look to see if there were specific
modules in the case of Win 3.1 that
would be helpful to them. If so, we would consider
providing these specific modules.
We explained to them we were already doing this in the
case of NT. Providing them LM
code made no sense at all.
</p>
<p>
With the second issue, we agreed to not use the Licensed
Works for anything but client
development. But Jimall said restricting the offering of
file and print services to users to
only those cases where a Licensed Work and a NetWare
server were present was beyond
our ability to control and not agreeable. Jim mentioned
that there were already a few NCP
clones on the market which made this impossible to
enforce. The presence of NCP clones
came as a complete surprise to all of the Novelleans.
They wanted to know who they
were which Jim wouldn't tell. They held and "emergency
legal" meeting for which Rob
Hicks excused himself from our meeting to discuss these
clones and how to go about
"shutting them down" as Jack said. This obviously struck
a nerve with them. Novell
agreed to limit the NCP restrictions to our use of the
Licensed Work on client code. MS
still has the freedom to develop their own NCP server if
they like but can't use any of the
code/specs received from Novell under the SDA to do it.
</p>
<p>
On the third issue, we agreed that if Novell changed their
licensing of DOS clients to a
client pricing model that they wouldn't have to provide
and further enhancements to the
clients they had already provided us. We agreed there
would never be any royalties due
under these agreements.
</p>
<p>
Overall there was a fair amount of progress made but the
DR/Win compatibility issue
remains to be solved.
</p>
<p>
We also finalized the agreements on the Novell driver for
Win 3.1 and the NDA while we
were there. Both agreements need to be signed by Novell -
they didn't have the right
people there to sign them. We will ship them the
code/information they need to begin
development on the NetWare NT client early next week.
</p>
<p>
<u><b>Action Items</b></u>
</p>
<ol>
<li>Jimall will meet with Billg and Steveb to address the
DR/Win compatibility issue.</li>
<li>Billp will make changes to SDA and distribute. Copy
sent to Novell after comments
received.</li>
<li>Jimall will determine if any Win 3.1 source modules
will be beneficial to Novell to
develop Lamborghini client.</li>
<li>Jimall will decide if we are willing to agree to
provide VNetBios and LSL (Link
support layer) services in the Cobra client</li>
<li>Jimall will finish review of DP #4 and #5 and provide
comments to Tonya so we can
send to Novell.</li>
<li>Tonya will talk with Novell about another DP for the
purpose of merging the ODI
and NDIS specs.</li>
<li>Tonya will begin working with PR on announcement
plans.</li>
<li>Tonya will arrange meeting with Steveb, Jimall,
Paulma, Billp and I to review
progress on SDA and DPs, resolve any issues and
finalize strategy.</li>
<li>Billp will follow up on the agreements for the Novell
driver for Win 3.1 and the
amendment to the NDA to ensure that Novell signs
them.</li>
</ol>
<p>
Jim and Bill, if there is anything else let me know.
</p>
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