MICROSOFT CORPORATION EXHIBIT B

Document Sample
MICROSOFT CORPORATION EXHIBIT B Powered By Docstoc
					                  IN THE UNITED STATES DISTRICT COURT
                      FOR THE DISTRICT OF COLUMBIA

STATE OF NEW YORK ex rel.
Attorney General ANDREW M. CUOMO, et al.,

                        Plaintiffs,
       v.                                   Civil Action No. 98-1233 (CKK)

MICROSOFT CORPORATION,

                        Defendant.




            MICROSOFT CORPORATION

                            EXHIBIT B
        Screenshots to Supplement August 30, 2007, Report on
       Configurations of Personal Computers Sold by Major OEMs
                           Dr. David S. Evans and Dr. Albert L. Nichols
                                LECG—Cambridge, Massachusetts

          As we discussed in Section II.B of the report attached as Exhibit A to Microsoft's

Report Concerning the Final Judgments (August 30, 2007), LECG research staff working under

our direction purchased and examined personal computers from the seven OEMs that each

account for 1 percent or more of U.S. sales of personal computers with Windows preinstalled.

As part of the study, we captured screenshots showing, among other things, the programs,

defaults, and icons that were present at the time of initial boot-up or upon the first visit to the

Internet. So as not to burden the court with additional material, we did not provide these

screenshots in our initial report, although the results of our study were explained and tabulated.

We are submitting them now, however, in response to screenshots submitted by Mr. Ronald

Alepin.

          We attach nine screenshots taken when we examined the personal computers purchased

from major OEMs and described in our earlier report. These screen shots reflect the software

and promotional items installed by the OEMs and the defaults set by those OEMs. We did not

install any additional software or modify any settings.

          In Exhibit B filed in support of the Moving California Plaintiffs' motion, Mr. Alepin

relies on and submits screen shots as evidence of his conclusions concerning the preinstallation

of software and services on new PCs by OEMs. He provides no information about the

computer(s) from which the screen shots were generated, which OEM(s) manufactured the

computer(s) in question, what models were chosen, and whether the screenshots show the

computers as delivered by the OEMs or reflect a version upgrade installed by Mr. Alepin or

                                                                                                  1
others. Mr. Alepin does not even specify what version of Vista was installed, although one

screenshot indicates that it was Windows Vista Ultimate Edition, a curious choice in that most

businesses choose Vista Business and most home users choose one of the home editions.

       Even assuming the computers in Mr. Alepin’s screenshots were obtained from OEMs

with Windows Vista Ultimate preinstalled, the fact that they were models designed and

marketed to businesses and other organizations makes the screenshots irrelevant to the issues at

hand. As discussed in our earlier submission, machines purchased for business/enterprise use

typically do not come loaded with preinstalled software or services beyond the operating

system and basic utilities unless specifically requested by the customer and OEMs.

Accordingly, these machines do not accurately reflect the extent to which OEMs preinstall

third-party applications.




                                                                                             2
                     Real Rhapsody music service
HP Desktop                                               Yahoo! Search




12/17 icons
are not
Microsoft.




              RealPlayer                 Yahoo! Search
3
  Dell Desktop



Icon launches
folder with
software from
Corel, Yahoo!,
and Roxio.




                 Google Search
4
  Toshiba Desktop
                                   Google
                                   Sidebar
14/18 icons are not Microsoft.




Google
Desktop




                                 Google Search
5
  HP Welcome Center




“Offers from
Hewlett Packard”
replaced “Offers
from Microsoft.”
8/10 icons are not
Microsoft.
 6
Sony Welcome Center




              “Offers from Sony” replaced “Offers from
              Microsoft.” 22/24 icons are not Microsoft.
7
 Dell Browser Opening Screen
                   Google Home Page   Google Search


Google Toolbar




 4 Non-Microsoft
 Favorites Added
8
 HP Browser Opening Screen
                   AOL Home page   Yahoo! Search



 Yahoo!
 Toolbar



13 Non-Microsoft
Favorites Added
9
 Sony Browser Opening Screen
            AOL Home page      AOL Search

AOL
Toolbar




24 Non-
Microsoft
Favorites
Added
10
  Third-Party Software preinstalled by Dell

Installed:
• Adobe Flash
  Player
• Adobe Reader
• AOL Install
• Corel Paint
  Shop Pro Photo
• Corel Snapfire
  Plus
• Games by
  WildTangent
• Google Desktop
• Google Toolbar
• EarthLink
  Setup Files
• Java SE
  Runtime
  Environment
• McAfee
  Security Center
• Roxio Creator
• Yahoo! Music
  Jukebox
11