Microsoft exec previews court case

Microsoft executive vice president and COO Robert Herbold addressed the Upside Summit this week in Washington, giving what amounts to a preview of his company's take on the antitrust court case that will start next month. Herbold told the audience that the U.S. software industry was thriving, competition is healthy, innovation is ongoing and constant, and that consumers are reaping the benefits. In other words, the DOJ's case against Microsoft is unfair.

"We believe this industry has 90% of its opportunity in front of it," Herbold said, noting that the success of Windows is the result of consumer choice, not illegal product tying. "In some areas, there's no doubt--we've been very successful," Herbold said. "None of us should be embarrassed when we run into an area where we've got a great product. Consumers are winning."

Herbold said that a June decision by an appellate court that said Microsoft should be allowed to bundle its browser with Windows was proof that the company was on the right track. Benefit to the consumer, he said, was the major issue in this case

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