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Microsoft in war of words
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December 8, 1998: 1:43 p.m. ET
Defense lawyer, fed witness debate what makes an operating system
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NEW YORK (CNNfn) - Microsoft Corp. engaged in a war of words with a government witness Tuesday over what constitutes an operating system.
David Farber, telecommunications professor at the University of Pennsylvania, said in direct testimony that nothing prevents Microsoft from separating its Internet Explorer Web browser from the Windows operating system.
In a highly technical testimony, Farber maintained "there are no technical barriers that prevent Microsoft from developing and selling its Windows operating system as a standalone product separate from its browser software."
Microsoft has long argued that the browser is a fundamental component of the operating system and cannot be removed without causing irreparable harm to Windows.
During cross examination, Farber held his position that operating systems should be limited to basic computing functions, such as communication to such hardware devices as disk drives and printers.
But Microsoft attorney Steven Holley attempted to portray Farber's view of what constitutes an operating system as narrow minded and out of touch with software development. Microsoft previously pointed out that other operating systems, including Apple Computer Inc.'s (AAPL) MacOS and Sun Microsystems Inc.'s (SUNW) Solaris fall outside Farber's definition.
Farber also testified that Microsoft's bundling of Windows and Internet Explorer offers no "efficiencies" because such combinations frequently result in poor performance and increased risk of bugs within the software.
That argument lies at the heart of the government's case, which maintains Microsoft combined the products to unfairly harm Netscape Communications Corp. (NSCP), whose Navigator Internet browser was the market leader before Microsoft began offering Internet Explorer free of charge in 1997.
Microsoft contends the combination benefits consumers.
In June, a federal appeals court ruled that the Windows 95-Internet Explorer combination is an integrated product and struck down a preliminary injunction prohibiting the company from offering it as a single product.
The Justice Department and 19 states allege Microsoft has illegally maintained its monopoly position in the operating system market and tried to leverage that monopoly into other areas, particularly Internet software.
Because of a scheduling conflict, Farber will interrupt testimony of Sun Vice President James Gosling, who will take the stand for a third day of cross examination later this week.
Microsoft (MSFT) shares rose 1/4 to 133-13/16 in midday trading. 
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