UNITED STATES OF AMERICA,                       PLAINTIFF,                   V. MICROSOFT CORPORATION,                   DEFENDANT.	| | | | | | | | | | | |	C.A. NO. 98-1232
STATE OF NEW YORK, ET AL.,                       PLAINTIFFS,                   V. MICROSOFT CORPORATION,                   DEFENDANT.	| | | | | | | | | | | |	C.A. NO. 98-1223
MICROSOFT CORPORATION,                       COUNTERCLAIM-PLAINTIFF,                   V. DENNIS C. VACCO, ET AL.,                   COUNTERCLAIM-DEFENDANTS.	| | | | | | | | | | |	WASHINGTON, D.C. FEBRUARY 23, 1999 2:09 P.M. (P.M. SESSION) VOLUME 59

TRANSCRIPT OF TRIAL
BEFORE THE HONORABLE THOMAS P. JACKSON
UNITED STATES DISTRICT JUDGE

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1	CONVERSATION, IT WAS AN E-MAIL.
2	Q. SO, IN EACH OF THE CASES WHERE YOU REPORTED ON A
3	MEETING OR A CONVERSATION, YOU WOULD HAVE SENT AN E-MAIL
4	TO YOUR SUPERIORS AT MICROSOFT; CORRECT?
5	A. YES, BEYOND, YOU KNOW, "MET WITH APPLE YESTERDAY; IT
6	WAS FINE."
7	Q. IF IT WAS JUST THAT, YOU WOULD DO IT ORALLY. IF IT
8	WAS SOMETHING MORE, YOU WOULD SEND AN E-MAIL?
9	A. YES, THATS TRUE. I WAS JUST TRYING TO BE VERY
10	CLEAR.
11	Q. I APPRECIATE THAT.
12	NOW, MR. ENGSTROM, AT SOME POINT YOU DELETED ALL
13	OF YOUR E-MAILS RELATING TO ANY CONVERSATIONS OR MEETINGS
14	THAT YOU HAD WITH APPLE THAT OCCURRED PRIOR TO THE END OF
15	MAY OF 1998; CORRECT?
16	A. NO. WHAT I DO IS I DELETE MAIL THAT IS TWO MONTHS
17	OLD ON A REGULAR BASIS BECAUSE I WORK ON A HARD DISK ON A
18	LAPTOP. THE MACHINE IS FAIRLY OLD, THE REASON FOR THAT
19	BEING I TEND TO TEST THE SOFTWARE MY GROUP IS PRODUCING,
20	AND I LIKE TO MAKE SURE THAT IT RUNS ON WHAT A CUSTOMER'S
21	MACHINE IS TYPICALLY TO BE. SO, AS A ROUTINE BASIS, I
22	DELETE ALL MAIL, YOU KNOW, TWO MONTHS OLD.
23	Q. ITS THE CASE, ISN'T IT, THAT NO E-MAIL AUTHORED BY
24	YOU THAT REPORTS ON ANY MEETINGS OR ANY CONVERSATIONS WITH
25	APPLE BEFORE THE END OF MAY 1998 WAS PRODUCED TO THE

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1	GOVERNMENT AS PART OF THIS LITIGATION?
2	A. I'M NOT SURE OF THAT, ONE WAY OR THE OTHER.
3	Q. ARE YOU AWARE OF ANY E-MAILS REPORTING ON
4	CONVERSATIONS OR MEETINGS WITH APPLE THAT WERE PRODUCED
5	BEFORE MAY, THE END OF MAY, 1998?
6	A. NO, I'M NOT AWARE OF ANY.
7	Q. AND YOU DON'T REFER TO OR ATTACH ANY IN YOUR WRITTEN
8	DIRECT TESTIMONY, DO YOU, SIR?
9	A. NO.
10	Q. NOW, IN YOUR TESTIMONY YOU STATE THAT OVER TIME YOU
11	HAVE ENGAGED IN DISCUSSIONS WITH APPLE AND WITH OTHER
12	DEVELOPERS OF MULTIMEDIA SOFTWARE CONCERNING WHAT YOU CALL
13	"STANDARDIZATION"; IS THAT RIGHT?
14	A. YES.
15	Q. AND ONE OF THE COMPANIES THAT YOU'VE TALKED TO OVER
16	TIME ABOUT MULTIMEDIA SOFTWARE IS INTEL; CORRECT, SIR?
17	A. YES.
18	Q. IN FACT, YOU'VE HAD DISCUSSIONS WITH INTEL ABOUT
19	SUN'S JAVA MULTIMEDIA API'S, HAVE YOU NOT?
20	A. YES.
21	Q. AND SUN'S JAVA MULTIMEDIA API'S ARE A JAVA-BASED FORM
22	OF MULTIMEDIA TECHNOLOGY THAT, IN SOME WAYS, ACCOMPLISHES
23	SIMILAR THINGS TO MICROSOFTS MULTIMEDIA TECHNOLOGY OR
24	APPLE'S MULTIMEDIA TECHNOLOGY; IS THAT GENERALLY TRUE?
25	A. ITS GENERALLY TRUE. I'M ACTUALLY NOT SURE HOW THEY