Microsoft’s license agreements come under fire
The co-founder and former CEO of one of Europe’s largest computer manufacturers testified last week that Microsoft Corp. used intimidation tactics to get his company to deal exclusively with Microsoft and forsake its competitors.
Theo Lieven testified that his company, Germany-based Vobis, wanted to offer its customers a choice between Microsoft’s MS-DOS and its competitor, DR-DOS. Microsoft, however, insisted that Lieven sign a “per processor” license agreement that required Vobis to pay Microsoft a fee for every computer Vobis shipped, regardless of whether the computer had MS-DOS installed.Vobis agreed to the demands after Microsoft threatened to charge Vobis more than twice as much for Windows licenses if it did not agree to the restrictions.
Steve Aeschbacher, associate general counsel for Microsoft, said Lieven’s testimony was like “Star Wars,” in that it happened a long, long time ago in a land far, far away from Iowa.
“He left his company in 1996,” Aeschbacher said.”The main reason he was testifying is because he didn’t like the per-processor licensing agreement, which Microsoft stopped using in 1994, before the class period this lawsuit represents.”
Lieven also testified, Aeschbacher said, that by pitting Microsoft and Digital Research Inc. against each other, he negotiated what he believes was the lowest price for MS-DOS.
The plaintiffs in the antitrust lawsuit against Microsoft have said that the software giant’s actions to drive competitors out of the market destroyed competition, and thus, gave the company the power to overcharge consumers.
In other news, the plaintiffs have upgraded their Web site to improve navigation and to include the videotaped testimony. The first uploaded video is the 10-hour deposition of Microsoft Chairman Bill Gates that was taken in 1998.
To see the video or any of the 3,000 pieces of evidence admitted in the case, go to www.iowaconsumercase.com.


