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Bill Gates and His Patent Troll Make Bogus Surveys (Comes vs. Microsoft plex0_2846)

  • Subject: Bill Gates and His Patent Troll Make Bogus Surveys (Comes vs. Microsoft plex0_2846)
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Thu, 29 Oct 2009 14:04:01 +0000
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
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PLAINTIFFâS
EXHIBIT
2846
Comes v. Microsoft

- ----Original Message----
From: Nathan Myhrvold
Sent  Sunday February 15, 1998 12:37 PM
To:   Bill Gates; Tod Nielsen; Brad Chase; David Cole; Joe 
Belfiore; Mich Mathews; Greg Shaw Corp.
PR gregshaw); Tom Pilla; Alison Obrien; Bill Neukom (LCA); David 
Heiner (LCA); Steve Ballmer;
Mitch Mathews; Eric Rudder; Yusuf Mehdi; Steve Ballmer; Paul 
Martz; Jim Allchin; (Exchange)

Subject: RE: browser in the OS


It is a GREAT idea to get as much quotable data as possible - 
both for Bills testimony and for other press work. By "quotable 
data" I mean:

â Specific people we can quote. Professor Detrouzos of MIT s a 
GREAT quotable source - he is very hard core on this. Bob 
Metcalfe, Stewart Alsop, Esther Dyson, Walt Mossberg and others 
have written in their vanous magazine columns that they agree 
the browser should be in the OS - we should look up the 
references and check them.

â  Surveys we can use. This could be an internally done survey, 
or one done by a polling company.

â  Signed statement, think that we could make a statement and 
get specific people to sign up to it - including computer 
science professors, industry figures etc. This includes both 
people who are already on the record as saying that this is a 
good idea, as well as other folks. Ideally it includes both 
supporters (Michael Dell etc.) and impartial observers 
(Metcalfe. Dyson etc.) and also some competitors (Schmidt would 
be great. but at least Scott Cook. Gordon Eubanks).
  
We Should get as much as we can qet soon as we can get it.
                                                      
As an example, we could get a statement about the technical 
direction of integration, get some survey results, and then get 
a statement signed by 100 industry and computer science figures.

If we had that, then I think we should consider running it in 
full page ads in the WSJ, NYT, Washington Post timed to appear 
the day AFTER Bill does the testimony.

We should keep this VERY quiet before the testimony because we 
do not want Barksdale or others preparing a counterattack, Bill 
should lead with this in his testimony, then we run the big full 
page ads the next day, and repeat for a couple days.

That is about the method. As to the SUBSTANCE, I think that it 
is CRUCIAL to make the statement we ask people about in the 
survey, or the statement we ask them to sign etc. is worded 
properly.

Saying "put the browser in the OS" is already a statement that 
is prejudical to us. The name "Browser" suggests a separate 
thing. I would NOT phrase the survey, or other things only in 
terms of "put the browser in the OS".

Instead you need to ask a more neutral question about how 
Internet technology needs to merge with local computing. I have 
been pretty successful in trying this on various journalists and 
industry people.
Here is an example:
- ------------------       
Basic message

GOVERNMENT 
EXHIBIT
393

MS98 0122146
CONFIDENTIAL
MS-PCA1541716

<hr />

In the early days of personal computing, the data that a person 
created or interacted with was all local to the machine - it sat 
there on the hard disk. You would explore or navigate that data 
by putting âfiles" into "folders", which were themselves 
organized hierarchically in "directoriesâ The operating system 
included programs to deal with these structures for organizing 
local data.

In order to look at the files you had to use a variety of 
different programs. Many incompatible and proprietary file 
formats evolved, and each required different programs to open at 
look at them, and had different ways of being organized.

Along came the Internet. When a user connects to the Internet 
they are suddenly in contact with millions of sites all over the 
world. Those sites are organized using a different metaphor than 
local files. Instead of being in folders and directories and so 
forth, you get to them by clicking on links. The links are 
embedded in a universal data format called HTML.

Why have two different ways to look at and organize data? The 
simplest thing for users is to have one metaphor - which means 
that the system of folders, directories and files has to be 
updated. The programs that let you deal with folders, 
directories and files in the old PC way has to be updated to use 
links the way the Internet does, and be able to display HTML.

Local data and remote data should be treated on an equal basis. 
Users should not have to learn one metaphor for the Internet and 
a different one for their own files. The whole point of the 
Internet is abstracting away geography. You can bounce from one 
link to another, unaware of the continents you are crossing. Why 
should your own hard disk be the one exception?

Once you take this point of view, there are many opportunities 
to make Internet computing and local computing converge. Many of 
the data files an the local hard disk can migrate to HTML so 
that they can be viewed with the same universal data format. 
Local folders and directories can become pages. Even the 
background picture for the system can become an active web page, 
a stock market ticker or a series of news flashes.

Responses given if pressed

Microsoft has a vision to integrate local computing with 
internet Computing. This means building the fundamental Internet 
protocols into the operating system.

Netscape is on a different strategy. They are NOT attempting to 
make local data, or local PC computing mesh smoothly with the 
Internet. Instead, their strategy is to replace local computing 
by integrating more and more functionality into their software. 
They are creating new APIs to turn their browser into a high 
level operating system, which will obviate use of a local 
operating system, like Windows.
They feel that the Browser is the platform.

This boils down to a fundamentally different view of the 
technology. The competition between Microsoft and Netscape isnât 
just about one company versus another - we have each made very 
dlfferem technical bets.

Microsoft is telling its millions of existing users that there 
is a path for them to use the Internet metaphor both locally and 
remotely. Netscape is telling people to put with the difference 
between their local PC and the Internet, and that overime you 
will

MS98 0122147
CONFIDENTIAL
MS-PCA1541717

<hr />

throw out your old software in favor of new software and 
services which operate on top of the Netscape platform.
        
Microsoft wants to optimize the Windows platform for the 
Internet. Netscape wants people to forget about local platforms 
altogether and only Consider Netscape itself as the platform.

This is a case or different technical visions competing in the 
marketplace. We think our vision is clearly better for users 
than the Netscape approach. Reviewers and industry experts who 
have taken a look at IE 4.0 have agreed us, but ultimately it is 
the customer who will decide.

Nathan

From: Bill Gates
Sent: Saturday, Febuary 14, 1998 10:42 AM
To: Tod Nielsen; Brad Chase; David Cole
Cc: Bill Neukom (LCA); David Heiner (LCA); Steve Ballmer; Mitch 
Mathews; Eric Rudder; 
Yusuf Mehdi; Steve Ballmer; Nathan Myhrvold; Paul Martz; Jim 
Allchin; (Exchange)

Subject: Browser in the OS
  

Some part of this debate relates to the issue of whether the 
browser is a logical extension of the operating system.

When I explain to people what we are doing with help - moving 
away from a proprietary format with soecial toois to HTML and 
how that hleps users people start to understand. When I explain 
about bowsing information locally and remotely people 
understand. When I talk about letting ISVs call our html for 
LOCAL and remote display as well as link resolution etc... 
people start to understand. I also think we need to talk about 
our use of HTML for forms. Only by doing a document that 
EXPLAINS why we are putting the browser into the operating 
system will people start to have more sympathy for why this 
makes sense and understand that the  government shouldnât be 
blockng this.

Right now people think the ONLY reason we are putting the 
browser into the OS is to gain share which just is not true we 
didnât get share from IE 1 in the OS or IE 2. IE 3 got us share 
before it was in the OS because it was a strong product.

I think we need to do a piece on WHY we are putting the browser 
into the operating system and our future plans. I think we need 
to make that document widely known.

I want to get Eric Schmidt in particular to comment on whether 
he thinks it makes sense or not. I wonder who really thinks 
browsers donât belong in the OS. Detrouzos of MIT told me how he 
had been saying this before Netscape was founded and even said 
so in some speeches.

More important I want to get a survey done where ISVs declare 
whether they think having the browser in the operating System 
the way we are planning to do it makes sense and is good. We 
might want to do some users as well.
 
We have never put crazy stuff into the OS and its time for 
people to know we are doing this for developers and customers.

MS980122148
CONFIDENTIAL
MS-PCA1541718

<hr />

It would HELP ME IMMENSLY to have a survey showing that 90% of 
developers believe that putting the browser into the OS makes 
sense. I am sure we will get like 60% before we explain our 
plans. Once we explain our plans properly I think we will get 
more like 90%.
 
Even that insane SPA document didn't try to suggest that 
browsers don't belong in the OS.

Ideally we would have a survey like this done before I appear at 
the Senate on March 3rd.

I think David should have someone take a shot at writing up our 
plans for the browser in the OS and Brad/Tod Should figure out 
how to get that distributed and do some kind of survey.

MS980122149
CONFIDENTIAL
MS-PCA1541719

<hr />

IMPACT OF BROWSER INTEGRATION ON THE SOFTWARE INDUSTRY
[IF NO CONTACT NAME ASK TO SPEAK WITH OWNER OR HEAD OF 
MARKETING]
Hello, Iâm__________of TRG, a nationwide market research 
company. Weâre conducting a survey of software manufacturers, 
and would like to speak with you briefly about your current 
offerings, and where you see the industry going over the next 
several years.

(if asked) The survey will take approximately 5 minutes.

(if needs reassurance) The purpose of the survey is to look at 
trends in operating systems, including such issues as 
integrating the browser with the OS.

SCREENING/QUOTA OUESTIONS

1A. Is your firm in the business of developing computer software 
or customized software applications?
     
1. Yes
2. No [TERMINATE]

1B. Are your software products

1. custom appiicacions for specific companies or clients                     
(Type A -Custom)
2. designed for the general computer marketplace (shrink wrapped 
software)   (Type B- General)

1C. Does your firm develop software for.

MAINFRAME COMPUTERS 
....................................YES...NO...DK
MINI-COMPUTERS OR SERVERS 
..............................YES...NO...DK 
PERSONAL COMPUTERS 
.....................................YES...NO...DK [TERM. IF 
NO/DK]
APPLICATIONS THAT INVOLVE THE INTERNET OR 
INTRANET......YES...NO...DK

1D How long has your company been involved in the software 
industry? ___ Years
                                                           

2A. Which operating system did this companyâs first program run 
under: (Check one)

1. DOS
2. MACINTOSH
3. OS/2
4. WINDOWs3.X
5. WINDOWS 95
6. WINDOWS NT
7. UNIX
8. OTHER (SPECIFY) ____________

2B Which operating systems do your progrems currently run under:
(Check all appliable)

DOS                   YES    NO    DK
MACINTOSH             YES    NO    DK
OS/2                  YES    NO    DK                   
WINDOWS 3.X           YES    NO    DK
WINDOWS95             YES    NO    DK
WINDOWS NT            YES    NO    DK
UNIX                  YES    NO    DK
                             
2C Are you currently developing or planning to develop software 
for any of the following operating systems (only asked for those 
not mentioned in 2B)

DOS                            YES        NO        DK
MACINTOSH                      YES        NO        DK
OS/2                           YES        NO        DK
WINDOWS 3.X                    YES        NO        DK
WINDOWS95                      YES        NO        DK
WINDOWS NT                     YES        NO        DK

                                                              
Windows Browser Integration Survey - V3     TRO      Feb 1998       
Page 1
 
MS9S 0122150
CONFIDENTIAL
MS-PCA1541720

<hr />
         

UNIX                           YES        NO        DK
                                          
                                     
Windows Browser Integration Survey - V3   Feb 1998   Page 2
                                   â
MS9S0122151
CONFIDENTIAL
MS-PCA1541721

<hr />

2D  What types of software products does your company develop 
(Do not read List. confirm choices)

ACCOUNTING

CAD                            MANUFACTURING/PROCESS CONTROL
                          
COMMUNICATIONS                 PROGRAMMING TOOLS
                                                                     
DATA INPUT/ANALYSIS            PROJECT MANAGEMENT

DATABASE MANAGEMENT            SCIENTIFIC OR ENGINEERING 
APPLICATIONS
   
DESKTOP PUBLISHING             SPR.EADSHEETS

EDUCATION                      STATISTICAL ANALYSIS
  
ELECTRONIC MAIL                TIME MANAGERS
                                                                    
GAMES/ENTERTA1NMENT            UTILITIES

GRAPHICS                       WORD PROCESSING

LANGUAGES                      OTHER:(SPECIFY)_______

3. How would you characterize your businessâ current sales? Are 
they

1. Declining
2. Holding Steady
3. Increasing moderately, or
4  Increasing significantly

[ONLY ASK Q4-5B IF WINDOWS 3 X OR 95 OR NT MENTIONED IN 2B]

4A. What percent at your sates in 1997 came from Windows related 
products?_____%

4B. What percent ofsales this year do you expect to come from 
Windows related products?_____%

4C. And how about next year? (What percent of sales next year do 
you expect to come from Windows related products?)____%

5.  Overall, what impact has Windows had on your business? Has 
the impact been:
    
1. Very positive
2. Somewhat positive
3. Somewhat negative, or
4. Very negative
5. None (donât read, check if respondent volunteers)
9. Refused/NA

6. And what about the emergence of the Internet and Intranets? 
Overall, what impact has Internet and intranet technology had on 
your business? Has the impact been:

1. Very positive
2. Somewhat positive
3. Somewhat negative,or
4. Very negative
5. None (donât read, check if respondent volunteers)
9. Refused/NA
                                           
                                                                              
Windows Browser Integration Survey - V3   TRG   Feb 1998   Page 
3

MS98 0122152
CONFIDENTIAL
MS-PCA1541722

<hr />

I'd like to get your reactions to one issue in the computer 
industry today, which is the integration of browser technologies 
into the Operating System. Weâd like to review the rationale 
given by Microsoft for integrating browser technology into the 
Operating System, and get your reactions to it.
            
One of the reasons Microsoft cites for integrating browsing 
technology into the OS is the benefits to Independent software 
vendors from having a larger standard set of system services 
included in the OS. just as when other network protocols such as 
TCPIP (read âT-C-P-I-Pâ) were integrated into Windows.
                                                                                 
In the case of integrated browser technologies. ISVâs could 
develop applications knowing there was one standard set of user 
services that was on their machine. ISVâs would not have to 
worry about whether a browser was present, or about 
inconsistency in userâs installed software. For example, ISVâs 
can ship help flies as standard HTML (read âH-T-M-Lâ) files, 
knowing browser technology is there in the OS, thus eliminating 
the need for proprietary help formats and tools. This 
integration allows ISVâs to use standard protocols in their 
applications including HTML, FTP (âF-T-P") and Gopher to 
retrieve data from the Internet or other sources. Other new 
built in services would resolve URL addresses that are passed 
into an application or give you the ability to retrieve URLâs 
and bring the data into your application. These are just some of 
the examples of the new standard services added with browser 
integration. (PAUSE)

Overall, how beneficial would having these capabilities be to 
your business as a software company? Would the
impact be:

1. Very positive
2. Somewhat positive
3. Somewhat negative, or
4. Very negative                                        -
  
8. What impact do you feel these new capabilities will have on 
the independent software vendor community as a whole in their 
charts to develop new applications? Do you feel the impact will 
be:

1. Very positive
2. Somewhat positive
3. Somewhat negative, or
4. Very negative
  
9 Do you feel that having these capabilities will make it any 
easier for you as a software company to develop new applications 
and bring new capabilities to your customers? Would you

1. Strongly Agree
2. Somewhat agree
3. Somewhat disagree, or
4. Strongly disagree that having these capabilities will make it 
easier for you as a software company

10  Do you feel that integrating browser technologies into 
Windows is a natural extension of the operating system,
similar to previous additions such as adding TCPIP and other 
networking protocols?

1. Yes
2. No

11. Finally, how do you think this Will impact end users. What 
impact, if any, would integrating browser and HTML technology 
into the operating system have on end users and the applications 
they can work with? Would the impact be

1. Very positive for end users
2. Somewhat positive
3. Somewhat negative, or
4. Very negative for end users
                                                                                  
Windows Browser integration Survey - V3-DRAFT    TRG    Feb 1998      
Page 4
                                               
MS980122153
CONFIDENTIAL
MC-PCA1541723

<hr />

Two demographic items for classification purposes

12. Approximately how many people are employed by your company 
at all company locations worldwide? Donât know/No answer

13. And approximately what is your total annual software sales 
volume? $ _________

14. Respondent Name: ________________________ Verify Direct 
Phone Number___-___-____
       

15. Record gender  1. Male   2.Female                         .

Thank you very much for sharing your opinions with us. Have a 
nice morning/afternoon.
                                                                                       
Windows Browser Integration Survey - V3-DRAFT  Feb 1998   Page 5

MS980122154
CONFIDENTIAL
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