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customers] go and deploy and take advantage of the services on the Internet and
computing on the Internet." Jones also testified that the Internet Explorer 5
package "contains a set of features that people can use to browse the Web, that
ISVs can target and ICPs can target." Jones Dep., 1/13/99, at 555:18 - 556:7.
v. Carl Stork testified that: “If you were to try to say the browser is just viewing web
pages, it really wouldn’t be very interesting for end users because the Internet is so
much more than that” including “communications plumbing, things like TCP/IP
stacks, dial-up networking, PPP. Proxy Server perhaps. Things like URL
resolution, HTML rendering, playing with various formats, whether it’s things
like active server pages or ActiveX controls. Java outputs. Media streams.
Supportive protocols to send and receive e-mail. The ability -- possibly the ability
to transfer through things like FTP. I don’t know if I mentioned the ability to
have Java applets. I mean for an Internet experience -- for things to be attractive,
things need to work seamlessly, which means you need a broad stream of
capabilities.” Stork Dep., 1/13/99, at 759:10 - 760:8.
vi. Professor Felten testified that because there is a long code path necessary to
perform almost any function in a modern computer, "it would be a mistake to say
that because something is on that code path, it's necessarily part of the application
that the user is using." Felten, 12/14/98am, at 57:20 - 58:19.
vii. Weadock pointed out that "Microsoft's word processing software product, Word
for Windows, ships with the file COMCTL32.DLL, but that file is also used by
Windows 95." Weadock Dir. ¶ 14.
viii. Weadock testified that applications that change shared program libraries, or DLLs,
that are shipped with Windows are common. Such applications include Norton
Utilities and Microsoft Word. “I don’t know anybody that thinks that Microsoft
Word, or Norton Utilities, or Microsoft Golf, or any of these other various
products that may include updated DLL’s are part of Windows. They are separate
applications. The fact that an application includes Windows DLL’s or DLL
updates does not make it therefore part of the operating system.” Weadock,
11/17/98am, at 25:15 - 26:10.
ix. Professor Felten testified that Windows Explorer is configured to allow other,
entirely separate applications to display information in its embedded subwindows.
But “the fact that a completely separate application like Microsoft Word or like
some ISV application can display something in that embedded subwindow, does
not imply that Microsoft Word or that ISV application is part of Windows
Explorer. It just says that it can display something inside that window frame that
Windows Explorer puts up.” Felten, 12/14/98pm, at 49:25 - 50:14; Felten,
12/14/98pm, at 50:15-25 (“Q: And does the fact that other applications like