Some excerpts about the role of tabworks in the microsoft case. The full transcript can be downloaded from: http://www.microsoft.com/presspass/trial/transcripts/feb99/0226a.doc 12 Q. MR. BOIES ASKED YOU SOME QUESTIONS YESTERDAY, 13 MR. KEMPIN, ABOUT THE ABILITY OF OEM'S TO UTILIZE 14 THIRD-PARTY SHELLS. DO YOU RECALL THAT, SIR? 15 A. I DO. 16 Q. OTHER THAN PREVENTING AN OEM FROM CAUSING THE MACHINE TO 17 BOOT AUTOMATICALLY INTO A THIRD-PARTY SHELL THE VERY FIRST 18 TIME A NEW COMPUTER IS TURNED ON, WHAT RESTRICTIONS EXIST ON 19 THE OEM'S ABILITY TO OFFER ITS CUSTOMERS ALTERNATIVE SHELLS? 20 A. WE PUT NO RESTRICTIONS ON THE OEM'S TO OFFER ALTERNATE 21 SHELLS. 22 Q. AND JUST SO THE RECORD IS ABSOLUTELY CLEAR, MR. KEMPIN, 23 THE ABILITY TO INSTALL NETSCAPE NAVIGATOR ON THE HARD DRIVE 24 OF A PERSONAL COMPUTER, THE ABILITY TO ADD AN ENTRY TO THE 25 START MENU, AND THE ABILITY TO INCLUDE AN ICON FOR NETSCAPE 13 1 NAVIGATOR ON THE WINDOWS DESKTOP -- ARE THOSE MATTERS THAT 2 INVOLVE WAIVER LETTERS OR VERBAL WAIVERS FROM MICROSOFT? 3 A. THEY DO NOT. 4 Q. THOSE ARE RIGHTS THAT OEM'S HAVE HAD UNDER THE LICENSE 5 AGREEMENTS FOR WINDOWS 95 AND WINDOWS 98; IS THAT CORRECT, 6 SIR? 7 A. THAT IS CORRECT. 8 Q. AND I'M SORRY IF YOU ANSWERED THIS QUESTION ALREADY, BUT 9 DO OEM'S HAVE A RIGHT TO INSTALL ON THE HARD DRIVES OF NEW 10 PERSONAL COMPUTERS ALTERNATE SHELLS TO THE WINDOWS SHELL? 11 A. THAT IS CORRECT. 12 Q. AND HOW DIFFICULT IS IT, MR. KEMPIN, FOR END USERS TO 13 ELECT TO HAVE ONE OF THOSE ALTERNATE SHELLS BOOT UP ON 14 SUBSEQUENT BOOTS FROM THE FIRST ONE INSTEAD OF THE SHELL 15 PROVIDED BY MICROSOFT? 16 A. I BELIEVE YOU'RE, AT ANY GIVEN POINT IN TIME, TWO OR 17 THREE MOUSE CLICKS AWAY FROM IT, WHICH MEANS THE USER WILL 18 LEARN THIS VERY, VERY EASILY. 19 Q. MR. KEMPIN, MR. BOIES ASKED YOU SOME QUESTIONS ABOUT THE 20 CONSEQUENCES TO OEM'S IN TERMS OF SUPPORT COSTS FROM 21 HAVING -- FROM USING THIRD-PARTY SHELLS. DO YOU RECALL 22 THOSE QUESTIONS AND ANSWERS? 23 A. I DO. 24 Q. WHAT KNOWLEDGE DO YOU HAVE, MR. KEMPIN, ABOUT THE 25 CONSEQUENCES TO OEM'S IN TERMS OF SUPPORT COSTS OF USING 14 1 THIRD-PARTY SHELLS? 2 A. I PERSONALLY HAVE NEVER HEARD ANY EXACT AMOUNT FROM 3 OEM'S ABOUT THAT. SO THAT'S THE BEST RECOLLECTION I HAVE. 4 Q. HAVE YOU HAD ANY DISCUSSIONS DIRECTLY WITH OEM'S ABOUT 5 THEIR EXPERIENCE IN TERMS OF SUPPORT COSTS FROM THE USE OF 6 THIRD-PARTY SHELLS? 7 A. I HAVE -- TO MY KNOWLEDGE, I HAVE HEARD FROM MAL RANSOM 8 IN PACKARD BELL THAT THEY DECIDED TO ABANDON THEIR NAVIGATOR 9 SHELL BECAUSE OF SUPPORT COSTS. THEY THOUGHT IT WASN'T 10 WORTH PAYING MONEY TO SUPPORT THIS BECAUSE THEY THOUGHT IT 11 WOULDN'T GIVE THEM ANY DIFFERENTIATION. 12 AND I BELIEVE THERE IS TESTIMONY FROM MR. ROSE, 13 AND I BELIEVE I READ THAT AS WELL. I BELIEVE THEY DRAW THE 14 SAME CONCLUSION FOR THEIR SHELL, WHICH I BELIEVE WAS CALLED 15 TABWORKS. 16 Q. AND WHAT CONCLUSION DID YOU UNDERSTAND THAT COMPAQ DREW 17 FROM THE USE OF TABWORKS IN RELATION TO SUPPORT COSTS, SIR? 18 A. I BELIEVE THAT COMPAQ DIDN'T WANT TO SPEND THE MONEY TO 19 DEVELOP THESE ALTERNATIVE SHELLS OR SUPPORT THE END USER 20 BECAUSE THEY JUST DIDN'T SEE THE VALUE THERE AND IT WOULDN'T 21 MAKE THEM SELL MORE SYSTEMS.