Date: Fri 02-Jul-1999

Publication: Bee

Author: JEFF

Quick Words:

Microsoft-Chane-Cullens

Full Text:

Newtown Resident Testifies Against Microsoft

(with cut)

BY JEFF WHITE

Danbury's Bristol Technology Inc. is waging a landmark legal case against

Microsoft, for what Bristol claims as antitrust violations committed by the

software giant. Sandy Hook resident Chane Cullens, Bristol's president,

testified Tuesday, June 29, in federal court about his six-year professional

relationship with Microsoft.

At issue is accessibility to Microsoft technology, specifically Windows source

code that would allow Bristol to utilize its Wind/U program to bridge gaps

between Windows and other operating systems, like Unix.

Wind/U is a program that Bristol began to develop approximately 10 years ago.

Its purpose was to establish a cross-platform, where software developers could

alternate between Windows and other systems without translation glitches.

The source codes at issue are merely blueprints to the Windows program, but

Bristol says they are critical for Wind/U to translate between Windows and

other non-Windows systems.

Some initial market excitement over Wind/U in 1991 caused Microsoft to

negotiate a contract with Bristol that would allow the Danbury company

complete access to Windows source codes. Bristol now maintains that this

agreement in 1991 created a dependency for Bristol and its customers on the

Microsoft programming interfaces.

However, for the next several years, Microsoft and Bristol would have a

symbiotic relationship: Microsoft had different software companies writing for

its Windows systems, and Bristol's revenues were bolstered by increasing

demand for Wind/U.

But when Bristol went to Microsoft in 1997 to renew their contract, Bristol

contends that Microsoft was not willing to sit down and negotiate a new

contract for the necessary source codes.

Bristol's access was further stymied when Microsoft blocked source code

technology on all but Windows operating systems. Bristol claims that Microsoft

has failed to negotiate in good faith, and refused to allow access to current

and future Windows source codes.

On Tuesday, June 29, Mr Cullens testified to the importance of possessing

Windows source codes for Bristol's business.

"Bristol's Wind/U software solution is essential to hundreds of other software

companies and provides our customers with huge cost savings," said Mr Cullens

in a press release. "Since Microsoft encouraged us and our customers to build

our business based on their assurances of access to technology, we just expect

them to do the right thing and live up to these commitments."

During his six-year tenure with Bristol, much of Mr Cullens' time has been

spent managing Bristol's relationship with Microsoft.

Microsoft has denied that it used its monopoly power to hinder competition in

the market, claiming that Bristol asked only for specific sections of the

source code, never the complete source code. Microsoft lawyers contend that

Bristol's lawsuit was developing even while negotiations were taking place.

"It's a very complex case," said Mr Cullens, a day after his testimony. "I

think [the testimony] went well, and I believe our prospects are very good."

The suit has been in trial for nearly a month, and many experts maintain that

it will be difficult to prove genuine antitrust violations on the part of

Microsoft.

For Bristol, having full access to the Windows source code equates to market

survival. "Without it, it's like building a skyscraper without the

blueprints," he said. "The building would just crumble."