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EXHIBIT 5

TO THE COMMENTS

OF RELPROMAX ANTITRUST INC.


IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA


_____________________________________

UNITED STATES OF AMERICA,
                  Plaintiff,

                  v.

MICROSOFT CORPORATION,
                  Defendant.
_____________________________________

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Civil Action No. 98-1232 (CKK)
STATE OF NEW YORK, ex rel.
Attorney General ELIOT SPITZER, et al.,
                  Plaintiffs,

                  v.

MICROSOFT CORPORATION,
                  Defendant.
_____________________________________
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Civil Action No. 98-1233 (CKK)

Next Court Deadline:
March 4, 2002
Pre-hearing Conference



DECLARATION OF BRIAN DAUTCH


  1. My name is Brian Dautch. I am a law clerk for Peter Peckarsky, Esq. I have personal knowledge of the facts testified to below and if called as a witness could testify to those facts. I am over the age of twenty-one (21) years old.

  2. On January 25,2002, I placed a telephone call to 800-915-3355 to contact the Dell Computer Corporation (“Dell”). I spoke with Ray at extension 61468. Ray refused to state his last name. I asked what the price was for a Dell Dimension Model 8200 desktop personal computer. Ray said the price was $1,577. I asked what operating system was on the machine at that price. Ray said the operating systems was a Microsoft Windows XP operating system and advised that I could have the Home or Professional versions of the operating system. I asked whether I could buy the same desktop computer from Dell with any other operating system. Ray said that Dell would sell its desktop personal computers only with a version of the Microsoft Windows XP operating system (Home or Professional). Ray said that Dell would not sell a desktop personal computer without an operating system. If Dell were willing to sell me a desktop personal computer without an operating system I would be able to endeavor to arrange to use an operating system made by a software vendor other than Microsoft on the Dell desktop personal computer.

  3. On January 27, 2002, I placed a telephone call to 800-915-3355 to contact Dell again. I spoke with Jack at extension 58680. Jack refused to state his last name. I asked what the price was for a Dell Inspiron Model 8 100 laptop personal computer. Jack said the price was S 1,379. I asked what operating system was on the machine at that price. Jack said the operating system would be my choice of either a Microsoft Windows XP operating system (Home or Professional version) or a Microsoft Windows 2000 operating system . I asked whether I could buy the same laptop computer hardware from Dell with any other operating systems. Jack said that Dell would sell its laptop personal computers only with a version of the Microsoft Windows XP operating system (Home or Professional) or Windows 2000. Jack said that Dell would not sell a laptop personal computer without an operating system. If Dell were willing to sell me a laptop personal computer without an operating system I would be able to endeavor to arrange to use an operating system made by a software vendor other than Microsoft on the Dell laptop personal computer.

  4. On January 25, 2002, I placed a telephone call to 800-888-0220 to contact the Compaq Computer Corporation (“Compaq”). I spoke with Bob at extension 21679. Bob refused to state his last name. I asked what the price was for a Compaq Presario Model 8000 desktop personal computer. Bob said the price was $1,5 10. I asked what operating system was on the machine at that price. Bob said the operating systems was a Microsoft Windows XP operating system and advised that I could have the Home or Professional versions of the operating system. I asked whether I could buy the same desktop computer from Compaq with any other operating system. Bob said that Compaq would sell its desktop personal computers only with a version of the Microsoft Windows XP operating system (Home or Professional). Bob said that Compaq would not sell a desktop personal computer without an operating system. If Compaq were willing to sell me a desktop personal computer without an operating system I would be able to endeavor to arrange to use an operating system made by a software vendor other than Microsoft on the Compaq desktop personal computer.

  5. On January 27,2002, I placed a telephone call to 800-888-0220 to contact Compaq again. I spoke with Tim at extension 5249. Tim refused to state his last name. I asked what the price was for a Compaq Presario Model 2700 laptop personal computer. Tim said the price was $1,299. I asked what operating system was on the machine at that price. Tim said the operating system would be my choice of either a Microsoft Windows XP operating system (Home or Professional version) or a Microsoft Windows 2000 operating system . I asked whether I could buy the same laptop computer hardware from Compaq with any other operating systems. Tim said that Compaq would sell its laptop personal computers only with a version of the Microsoft Windows XP operating system (Home or Professional) or Windows 2000. Tim said that Compaq would not sell a laptop personal computer without an operating system. If Compaq were willing to sell me a laptop personal computer without an operating system I would be able to endeavor to arrange to use an operating system made by a software vendor other than Microsoft on the Compaq laptop personal computer.

  6. On January 25, 2002, I placed a telephone call to 888-999-4747 to contact the Hewlett-Packard Company (“HP”). I spoke with Ann at extension 372 1. Ann refused to state her last name. I asked what the price was for an HP Pavilion Model 7966 desktop personal computer. Ann said the price was $1,999.99. I asked what operating system was on the machine at that price. Ann said the operating systems was a Microsoft Windows XP operating system and advised that I could have the Home or Professional versions of the operating system. I asked whether I could buy the same computer hardware from HP with any other operating system. Ann said that HP would sell its desktop personal computers only with a version ofthe Microsoft Windows XP operating system (Home or Professional). Ann said that Dell would not sell a desktop personal computer without an operating system. If HP were willing to sell me a desktop personal computer without an operating system I would be able to endeavor to arrange to use an operating system made by a software vendor other than Microsoft on the HP desktop personal computer.

  7. On January 27,2002, I placed a telephone call to 888-999-4747 to contact HP again. I spoke with Jackie at extension 3707. Jackie refused to state her last name. I asked what the price was for an HP Pavilion Notebook Model N.53 10 laptop personal computer. Jackie said the price was S 1,349. I asked what operating system was on the machine at that price. Jackie said the operating systems was a Microsoft Windows XP operating system (either Home or Professional version or Microsoft Windows Millenium or Microsoft Windows 2000 or Microsoft Windows 98. I asked whether I could buy the same computer hardware from HP with any other operating system. Jackie said that HP would sell its desktop personal computers only with a version of the Microsoft Windows XP o r Microsoft Windows Millenium or Microsoft Windows 2000 or Microsoft Windows 98 operating system s. Jackie said that HP would not sell a laptop personal computer without an operating system. If HP were willing to sell me a laptop personal computer without an operating system I would be able to endeavor to arrange to use an operating system made by a software vendor other than Microsoft on the HP laptop personal computer.

  8. On January 25, 2002, I placed a telephone call to 888-746-7426 to contact International Business Machine (“IBM”). I spoke with Andy at extension 37229. Andy refused to state his last name. I asked what the price was for an IBM Model M67922EU desktop personal computer. Andy said the price was $1,289. I asked what operating system was on the machine at that price. Andy said the operating systems was a Microsoft Windows XP operating system and advised that I could have the Home or Professional versions of the operating system. I asked whether I could buy the same computer hardware from IBM with any other operating system. Andy said that IBM would sell its desktop personal computers only with a version of the Microsoft Windows XP operating system (Home or Professional). Andy said that IBM would not sell a desktop personal computer without an operating system. If IBM were willing to sell me a desktop personal computer without an operating system I would be able to endeavor to arrange to use an operating system software vendor other than Microsoft on the IBM desktop personal computer.

  9. On January 27, 2002, I placed a telephone call to 888-746-7426 made by a to contact International Business Machine (“IBM”). I spoke with Jim at extension 37289. Jim refused to state his last name. I asked what the price was for an IBM Thinkpad Model 265620U laptop personal computer. Jim said the price was $1,099. I asked what operating system was on the machine at that price. Jim said the operating system was a Microsoft Windows XP operating system (Home or Professional versions) or Windows 2000. I asked whether I could buy the same laptop computer from IBM with any other operating system. Jim said that IBM would sell its laptop personal computers only with a version of the Microsoft Windows XP operating system (Home or Professional) or Windows 2000 operating system. Jim said that IBM would not sell a laptop personal computer without an operating system. If IBM were willing to sell me a laptop personal computer without an operating system I would be able to endeavor to arrange to use an operating system made by a software vendor other than Microsoft on the IBM laptop personal computer.

I declare under penalty of perjury that the foregoing is true and correct, executed in Washington, D.C., on January 27,2002.

  _______________/s/________________
Brian Dautch