Navigator's adoption, particularly among corporate enterprises, suffered when Microsoft's Internet Explorer became an inseparable part of its operating system. The nonsettling states pursuing tougher remedies want to force Microsoft to make its media player code removable from the operating system, allowing PC makers to replace Microsoft products with those made by competitors.
States' attorney John Schmidtlein attempted to show in court that Microsoft was increasing the dependency of its media player on the operating system, even after the U.S. District Court of Appeals two years ago faulted the company for commingling browser code with the operating system.
But Will Poole, a Microsoft vice president responsible for the Windows New Media Platforms Division, which builds the media player for the operating system, defended his company's actions. And he disputed contentions that its media player was in any way similar to Navigator -- which was seen as a potential platform developers could use to build applications directly into, thus lessening the importance of the underlying operating system.
Poole and Schmidtlein sparred over whether PC makers would install rival media players if they weren't forced to take Microsoft's Windows Media Player.
"I believe our competitors will pay them [PC makers] not to carry it, said Poole. "They will weigh benefits between the payment they receive and the value they take out of the system."
"I know of no good reason why they would take that technology out," Poole said at one point.
If Microsoft were forced to allow PC makers to add and subtract its media player code, Microsoft "would have to compete harder and innovate harder," said Schmidtlein.
Poole, however, said that if Microsoft's media player software code were removed, the operating system wouldn't support many rival media players.
Schmidtlein's line of questioning faced problems, particularly in regard to Windows XP Embedded, a version of the operating system used in dedicated devices such as cash registers that allows users to add and subtract middleware such as media players. The states are using XP Embedded to demonstrate that Microsoft can separate applications from its operating system. Schmidtlein at one point asked Poole to give his best educated guess on an aspect of the embedded system's operation.
Microsoft's attorney objected to a speculative answer, and Judge Colleen Kollar-Kotelly agreed. "I'm not interested in guesses," said Kollar-Kotelly. "He either knows it or he doesn't."
On the issue of commingling, or co-dependency, of code, Poole acknowledged under questioning that the co-dependency of Microsoft's media player with the operating system was increasing. But he also said that system design is being impacted by the ongoing antitrust case.
"We have certainly done our best to forecast where things might go," said Poole, referring to the antitrust case. Poole finished his testimony early this afternoon and was followed on the witness stand by Linda Wolfe Averett, a unit product manager for Windows Media Player.
Her testimony is intended to rebut Dave Richards, RealNetworks' vice president of consumer systems, who testified as a witness for the nine nonsettling states and the District of Columbia. In court, Richards said Microsoft's software licensing terms are "severe and onerous" and have harmed his company.
The nonsettling states have refused to sign a Bush administration-backed settlement in this case. The judge is considering their remedies, which include forcing Microsoft to produce a stripped-down version of its operating system, carry Java, allow the porting of Office to other operating systems and provide developers with access to the Windows source code.
The case is nearing the end. Microsoft has three more witnesses to call: Jim Allchin, the company's group vice president for the platforms division; Kenneth Elzinga, professor of economics at the University of Virginia; and John K. Bennett, a computing science professor at the University of Colorado.
Both sides are also expected to call rebuttal witnesses, and the remedy phase of the case may finish in two weeks.