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Key players of antitrust trial: Where did they go?


By John Borland

Staff Writer, CNET News.com

November 1, 2002, 3:00 p.m. PT



As the Microsoft antitrust trial has dragged on, some of the most influential people involved
have moved on.




From Bill Gates and Marc Andreessen to original lead
prosecutor David Boies, these are the people who started it all.
But where are they now? Use the links below to navigate between profiles.




Jump to: Marc Andreessen - Jim Barksdale - David Boies - Joel Klein - Thomas Penfield Jackson - William
Neukom - Paul Maritz



Bill Gates





As then-CEO and top decision-maker at Microsoft, Gates' influence was
felt at every stage of the antitrust trial. This despite his actual
absence; he declined to appear in court to testify in the first trial
round, instead submitting videotaped depositions. That testimony
appeared to help the government more than Microsoft. Repeating "I don't
know" and "I don't recall," along with answers that frequently
contradicted his own archived
e-mails, drew criticism from the presiding judge.



Gates later took the stand to argue against the "remedy" proposed by
attorneys general from nine states, after the company had settled with
the U.S. Department of Justice.



In early 2000, Gates stepped down and handed the reins to
second-in-command Steve Ballmer.



Gates retains the title of chairman and chief software architect, and
remains Microsoft's most visible face at high-profile product launches
such as the recent Windows Media 9 and MSN 8 events.





Marc Andreessen





Andreessen, chief technical officer and one of the founders of Netscape
Communications, never testified directly at the Microsoft trial.
But his
notes of a 1995 meeting, at which he recorded an alleged Microsoft
proposal to divide the Web browser market with Netscape, played a key
role in the government's case. Microsoft disputed the offer was ever
made, charging that Andreessen had "invented or imagined" the
proposal.



When America Online purchased Netscape, Andreessen was one of the
only
top figures to stay on, taking the role of chief technical
officer. He
didn't last long; by late 1999, he had jumped ship and started
Loudcloud, a Net infrastructure company.



Launched just as the dot-com mania began to wane, Loudcloud
struggled to
gain customers and credibility. Although it successfully went public in
2001 and remains in business, the company recently dropped its Web
hosting and infrastructure business to focus on Web site management
software, renaming itself Opsware.




Jim Barksdale





As CEO of Netscape, the company that saw its command of the Web browser
market eviscerated by Microsoft, Barksdale was a key witness on the
stand, testifying that indeed, Microsoft had proposed dividing the
browser market at a critical 1995 meeting.



"I was a witness to it, and you weren't," he said as Microsoft attorneys
questioned Netscape's version of the events.



Barksdale helped broker the sale of Netscape to America Online in late
1998, and left the company shortly after the deal closed the next year.

He formed his own venture capital firm, called the Barksdale Group,
with
three other partners.



That group disbanded in April of this year, and Barksdale
went on to




David Boies


As lead prosecutor for the government's case against Microsoft, Boies
was brutal. He'd been long familiar with high-stakes cases;
indeed, his
role in a legal spat between oil giants Texaco and Pennzoil helped win
him the cover of The New York Times Magazine more than a decade ago.
But
Microsoft brought him a new round of acclaim, as he tied
the Redmond,
Wash., witnesses in knots, leading Gates to accuse him of trying to "destroy Microsoft."



That was just one in a string of superstar trials for Boies.
He went on
to represent Napster against the recording industry, arguing--ultimately
unsuccessfully--that the company had not broken any copyright laws and
that the record labels themselves might be violating antitrust laws.

He
reached still new heights representing former Vice President Al Gore in
front of the Supreme Court in his attempt to have the Florida 2000
election results favoring George Bush overturned.



Boies is no less busy these days. He's leading an internal investigation
at Tyco International, looking at--among other things--whether that
company's former chief executive improperly used company funds.

In June
he filed a lawsuit against radio giant Clear Channel on behalf of
a
Spanish-language broadcaster.





Joel Klein





As head of the Department of Justice's antitrust division, Klein was the
architect of the government's early strategy against Microsoft.

His was
the voice that announced the government's proposal to split the company into separate divisions,
respectively selling the Windows operating system and applications
such
as Office.



In January 2001, Klein took a position at the head
of the U.S. division
of German media conglomerate Bertelsmann. It was a symbolic
reunion, if
not an actual one; by that time, one of Bertelsmann's most visible
ventures was its support of Napster, which was represented by former
Klein legal ally David Boies.



Klein never played a visible role at the head of the company's U.S.

operations, however. In July of this year, he left to take
a role as
chancellor of the New York City public school system.





Thomas Penfield Jackson





Judge Jackson was a colorful figure throughout much of the first round of
Microsoft's antitrust trial, presiding with ill-disguised irritation at
the company's legal strategies. He ultimately ruled almost wholly in the
government's favor, saying that Microsoft had violated antitrust law and
should be broken up.



But it was his own conduct that helped undermine the ruling.
Jackson
gave repeated interviews to the media, including several in which he
compared Microsoft's actions to a drug-dealing gang, and Bill Gates to
Napoleon.



In the ruling overturning Jackson's decision, the appeals court largely
upheld his take on the law. But the court also
removed Jackson from the case, saying that "the actions of the
trial judge seriously tainted the proceedings before the district court
and called into question the integrity of the judicial process."



Jackson remains on the bench, occasionally showing up in other
high-profile trials. In April, for example, he ruled that the country of
Iran should pay six U.S. military men damages of $307 million stemming
from an airline hijacking in 1985.




William Neukom





As Microsoft's top lawyer since its days as a start-up, Neukom's
fingerprints have been on the company's legal blueprints from the
beginning. His position during the trial was largely an oversight role;
trial attorneys went head-to-head with David Boies in court.




After early losses, his team successfully negotiated a settlement with
the Department of Justice that left most of the company's core business
untouched.



He announced his retirement from Microsoft in November 2001, and left
the company in July to return to Preston Gates & Ellis, the Seattle law
firm he left to join Microsoft in 1985.





Paul Maritz





As a vice president at Microsoft, Maritz's role in the antitrust trial
in large part revolved around a quote he may never have actually said.

According to a senior Intel executive, Maritz said Microsoft planned to
"cut off Netscape's air supply." The quote became
a central, oft-cited
part of the government's case.



In written testimony, Maritz denied the phrase was his.
Microsoft
attorneys called the Intel executive a "prima donna" with an agenda.

Whatever the truth, the quote earned the ordinarily soft-spoken Maritz
an enduring place in technology history.



He left the company in September 2000
as part of a wave of high-level executive defections. Since then, he has
served as a director and investor in a handful of other companies.









































































































































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