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Authored by: Anonymous on Saturday, June 15 2013 @ 10:46 AM EDT |
http://groklawstatic.ibiblio.org/pdf/iowa/www.iowaconsumercase.org/011607/1000/PX01341.pdf
<p>
PLAINTIFF'S EXHIBIT 1341<br />
Comes v. Microsoft
</p>
<p>
From: Christian Wildfeuer<br />
To: Brad Chase<br />
Cc: Adam Taylor; Stephen Oliver<br />
Subject: RE: FW: Transfer Pricing for MS-DOS (DOSRUP)<br />
Date: Wednesday, June 03, 1992 2:28PM
</p>
<p>
Fortunately we do not have the same tough competition as the UK right now. On
the contrary, the DR office in MUC (German HQ) is being dissolved, a lot of
firing takes place and things will be done in Novell's German HQ in
Duesseldorf as soon as they have settled their dramatic reorg issues.
We also have found out that Novell has decided to cancel the further
development of all DR products besides DR-DOS 6 (all GEM stuff, Flex-OS,
Multi User DR-DOS and others). So they will really focus on DR-DOS in the
future (their Multi user technology will probably be integrated into future
DR-DOS version). They are already bundling DR-DOS 6 to very attractive prices
with Netware Lite, practically DR-DOS 6 goes along for free.
</p>
<p>
Concerning the stand-alone product our major distributors report a percentage
of only 12 % DR-DOS 6 packages vs RUPDOS.
</p>
<p>
Nonetheless to revitalize the MS-DOS 5 Upgrade demand we have to do a lot of
things:<br />
- First of all we do not intend to offer Upgrade Janus in order not
jeopardize our activities to get rid of our current RUPDOS stock.<br />
- Secondly we add value through bundling (you already know)<br />
- Thirdly we have asked Corp. to give us a retro-active transfer price
reduction of 25$ (40.- DM). With this money we could intensify our marketing,
especially doing a "legalize" campaign and could offer attractive soft
bundle
options for ALL MS products (hiding the RUPDOS price in the joint offers in
order not to ruin street price expectations for Astro).
</p>
<p>
Christian
</p>
<div style="padding-left: 0.5em; border-left: solid 1px black">
<p>>From bradc Wed May 27 18:00:25 1992<br />
To: chrwild<br />
Subject: FW: Transfer Pricing for MS-DOS (DOSRUP)<br />
<br />
X-MSMail-Message-ID: 7941A63D<br />
X-MSMail-Conversation-ID: 7941A63D<br />
X-MSMail-WiseRemark: Microsoft Mail -- 3.0.620<br />
From: Brad Chase <bradc@microsoft.com><br />
Date: Tue, May 26 92 22:23:24 PDT
</p>
<p>
if the job works out one of the things i want to understand is why "we
are gettting creamed" and how to reverse that<br />
----------<br />
From: David Smith<br />
To: David Bridger; Stephen Oliver<br />
Cc: Adam Taylor; Brad Chase; David Smith; David Brooks<br />
Subject: RE: Transfer Pricing for MS-DOS (DOSRUP)<br />
Date: Fri, May 22, 1992 9:34AM
</p>
<p>
Understand the sensitivities here and does sound fair.
</p>
<p>
However, we are getting creamed by DR at the moment and number one (and
only) reason is compression. Latest estimations are they are almost matching
our retail sales at around 7k units a month. The irony is that I believe its
the success of Windows that is increasing DR market share - Windows and
especially windows apps are very disk hungry (Word for Windows 15 meg
alone!) and standard PC here is selling with 4Omb hard drive.
</p>
<p>
We have developed a short-term promotion 3 months with STAC. Its a channel
bundle the distributor buys MS-DOS 5.0 upgrade and stacker form STAC at
increased discount and then bundles them togther - hence the need for
reduced COGS.
</p>
<p>
Can I take it that we have approval on the reduced COGS?
</p>
<p>
Thanks David<br />
PS Maybe a stupid question but why don't we just buy STAC rather than
license?<br />
>From stepheno Thu May 21 22:11:02 1992<br />
To: davebri davesm<br />
Cc: adamt bradc<br />
Subject: RE: Transfer Pricing for MS-DOS (DOSRUP)<br />
<br />
X-MSMail-Message-ID: 0D683598<br />
X-MSMail-Conversation-ID: 0D683598<br />
X-MSMail-WiseRemark: MS-DOS 5 - the ideal complement to Windows 3.1<br />
From: Stephen Oliver <stepheno@microsoft.com><br />
Date: Thu, May 21 92 15:36:20 PDT
</p>
<p>
Are you really doing a Stacker bundle?
</p>
<p>
I like the idea, but have you checked the status of our disk
compression negotiations in the US? I heard (** Confidential**) that
the Stacker deal was quite likely to fall through, and doing a bundle
now could create much unwanted confusion later.
</p>
<p>
David & David - please develop a reflex to keep EHQ appraised
automatically of any such deals at an early stage of negotiations. I
DON'T want to cramp your style, but as a major market with a very
level of grey export a decision such as this could have unforeseen and
negative impact on deals being put together in other European markets.
</p>
<p>
Similar remarks could be made on the transfer pricing issue. We are
currently doing a review on behalf of an IA (Immense Account) that is
unhappy about huge price spreads on a pan-European VPP. Jacques Bablon
and I are trying to review current pricing with a view to developing a
clearer pricing strategy in Europe. This doesn't affect your current
negotiations n the context of a temporary deal, but we would like to be
aware of what's going on.
</p>
<p>
It works both ways - we try to keep you appraised of what's going on
this side of the swamp. Does this sound fair?
</p>
<p>
Thanks<br />
----------
</p>
<div style="padding-left: 0.5em; border-left: solid 1px black">
From: David Smith<br />
To: David Brooks; David Bridger<br />
Cc: Adam Taylor; Brad Chase; David Smith; Stephen Oliver<br />
Subject: RE: Transfer Pricing for MS-DOS (DOSRUP)<br />
Date: Thursday, May 21, 1992 12:11
</p>
<p>
Can someone action this in adamt absense?
</p>
<p>
We have an exciting opportunity and have put much work into this - I
cannot see why we could not switch immediately to the reduced cogs on
MS-DOS 5_0 Upgrade.
</p>
<p>
Please advise?
</p>
<p>
Thanks David<br />
>From davebri Mon May 18 18:43:28 1992<br />
To: DAVIDBR<br />
Cc: ADAMT davesm<br />
Subject: Transfer Pricing for MS-DOS (DOSRUP)<br />
<br />
Date: Mon May 18 18:40:21 PDT 1992
</p>
<p>
David
</p>
</div>
</div>
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