Revisiting the spectacular failure that was the Bill Gates deposition

In the 1990s, Microsoft wore its disdain for antitrust on its sleeve. Now, not so much. …

Revisiting the spectacular failure that was the Bill Gates deposition

Aurich Lawson

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When Microsoft backed a key motion filed two weeks ago in Epic Games’ antitrust lawsuit against Apple, it raised a few eyebrows.

Two decades ago, the US Justice Department, 18 states, and the District of Columbia sued Microsoft on allegations the Windows operating system represented a monopoly that the company was wielding to prop up its then fledgling Internet Explorer browser, in violation of the Sherman Antitrust Act of 1890. The suit expressly claimed that Microsoft was using Windows to freeze out the Netscape browser and, more tacitly, Sun Microsystems’ cross-platform Java platform as well.

The software maker vehemently bristled at the allegations and claimed that the action represented a government intrusion brought at the behest of companies that couldn’t compete on the merits. Microsoft warned that the action would set a dangerous precedent that could stifle innovation for years to come.

The company’s legal response was one of the most vigorous I’ve covered in my 25 years as a journalist. The PR campaign reached shock-and-awe proportions, as well, with handlers at one point arranging a poorly executed astro turf campaign intended to galvanize public opinion against the legal action.

Now, in 2020, a Microsoft executive has submitted sworn written testimony in support of plaintiff Epic Games alleging that Apple has a “complete monopoly over the distribution of apps to the billion users of iOS … to coerce app developers into using Apple’s payment platform.”

The legal declaration, from Microsoft Gaming Developer Experiences General Manager Kevin Gammill, came in response to Apple’s threat to deny

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