Memo shows Microsoft sought retaliation against Linux

The nine states battling Microsoft pleaded with Judge Colleen Kollar-Kotelly

to add a key piece of evidence they say clearly shows Microsoft is continuing

its anti-competitive behavior, even in spite of the antitrust case.

The states want to have added into evidence an August 2000 memo from

Microsoft senior vice president Joachim Kempin to Bill Gates and other top

Microsoft executives. Kempin urged Gates to approve measures to quietly

retaliate against Intel and other supporters of the Linux operating system.

Kempin complained about Intel's support for Linux and Intel's efforts to

encourage computer and other device makers to use Linux as the operating system

to power some of their devices. Intel was also funding some of the development

of Linux-based devices.

Kempin told Gates that Microsoft should withhold technical information from

Intel and "work underground" to promote its competitors in the

computer chip industry. "I would further try to restrict source code

deliveries wherever possible and be less gracious when interpreting agreements

-- again without being obvious about it," Kempin wrote.

Microsoft officials are objecting to having the memo admitted into evidence

because they say that the company never acted on his ideas. "The e-mail

represents some random thoughts of a company executive who no longer has

anything to do with our relationship with Intel or computer makers," a

Microsoft official commented.

Kollar-Kotelly originally disallowed the Kempin memo during Gates' testimony.

But the states argue that the memo is clear evidence that Microsoft will

conspire to undermine competing technologies and supports their arguments to

have strong remedies imposed to prevent the company from acting in such a

manner.

The states said the strategy suggested by Kempin is similar to the one

Microsoft used to force Intel to stop working with Sun Microsystems several

years earlier. Kempin also recommended that computer makers who were not

"friendly" with Microsoft should be hit "harder than in the past

with anti-Linux actions."