One of the inventors of the technology underlying the Internet disputed Microsoft's definition of an operating system at the software company's antitrust trial on Tuesday.
University of Pennsylvania professor David Farber said an operating system performs basic system functions: coordinating memory, disk drives, keyboard, and monitor -- a much-narrower definition than that used by Microsoft.
The definition could prove crucial to the case, and US District Judge Thomas Penfield Jackson questioned Farber, trying to make certain he understood what the professor was saying.
The US Justice Department and 19 states argue that Microsoft (MSFT) holds a monopoly in PC operating systems and it can shut out competitors by combining applications like Web browsers in its operating software.
The government alleges, for example, that Microsoft made its browser, Internet Explorer, part of its Windows operating system to compete unfairly against Netscape Communications. Microsoft maintains it integrated Web browsing into Windows 95 and Windows 98 to provide convenience and efficiency for consumers and the two are so tightly integrated that removing the browser would break the system.
Farber testified that, while he did not know the details of Microsoft's operating system, it was likely the browser code was buried to make certain it could not be separated.
In an effort to be clear on Farber's definition, Jackson asked: "Am I correct in thinking that the operating system as you define it is that which has to be on and running with everything?"
"Yes, sir," replied Farber.
Microsoft lawyer Steven Holley asked Farber to comment on a federal appeals court decision earlier this year that threw out a preliminary injunction against Microsoft over Windows 95 and said it appeared Microsoft had the right to integrate its browser and operating system.
"Do you agree with the court of appeals?" asked Holley.
"I'm not going to criticize the court," replied Farber.
"Oh, go ahead," said Jackson with a broad smile, and the courtroom broke up in laughter.
Holley argued for Microsoft that Farber's narrow definition was wrong. "What business people refer to as an operating system is far broader than what you are saying is an operating system, correct?" Holley asked Farber.
After many variations of the same question, Farber finally shot back, "You're dealing with marketing terms as opposed to technical terms," he said.
Farber said that a computerized version of the card game solitaire came with Microsoft's Windows 98 package, but "no one considers that part of the operating system."
