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Authored by: foulis on Tuesday, August 21 2012 @ 05:10 PM EDT |
<p
align=right><b>PLAINTIFF'S<br>EXHIBIT<br><u>4490</
u></b><br>Comes v. Microsoft</p>
<b>From:</b> Joachim Kempin<br>
<b>Sent:</b> Tuesday, August 27, 1996 11:34 AM<br>
<b>To:</b> Marshall Brumer<br>
<b>Subject:</b> RE: Intel payments for logo usage</p>
they continue to play hardball.</p>
<blockquote>-------<br>
<b>From:</b> Marshall Brumer<br>
<b>Sent:</b> Monday, August 26, 1996 9:03 AM<br>
<b>To:</b>Joachim Kempin<br>
<b>Subject:</b> FW: Intel payments for logo usage</p>
do you know status of this? It is coming up in the press now.</p>
-------<br>
<b>From:</b> Bill Gates<br>
<b>Sent:</b> Sunday, June 09, 1996 10:11 PM<br>
<b>To:</b>Joachim Kempin<br>
<b>Cc:</b> Paul Maritz; Marshall Brumer; Rich Tong; Jonathan
Roberts; David Heiner<br>
<b>Subject:</b> Intel payments for logo usage</p>
I decided to send this issue to a small group.</p>
Intel pays out about $500M per year in advertising incentive money for people to
use their logo. It is serious money. When Compaq decided to join the program it
cost them a lot. They sort of hope IBM doesn't joint[sic] since that would also
cost them a lot.</p>
They have adopted a policy that if there is more than one logo then they pay a
lot less. I told Andy that they should just reduce payments after 2 logos
(theirs and one others). He tried to say the lawyers thought that was a problem
and I told him that was real nonsense since they wouldn't be saying anything
about the second logo and whose it is. He said he is the decision maker on this
issue. He said he will talk to the lawyers again. I told him I didn't want him
to hide behind the lawyers since dropping payments after 2 is certainly as open
as dropping payments after 1. We may have to get our lawyers to talk to their
lawyers at some point. Joachim – go ahead and talk to Ottelini. If we can't get
it structured this way I will want the lawyers to give their opinion and I will
make one more appeal to Andy.</p>
If it turns out we can't get this solved I have another idea. Its an idea that
might make sense even if the logo thing stays intact. We could use MDA incentive
to convince Oems to refer to the PCs they license Windows on as WindowsPC's
rather then IBM compatible. We could incent[sic] them to use this designation
sort of like we do the logo. If we were successful the world would change the
way it talks about PCs to WindowsPCs.</p></blockquote>
<p
align=right>MS-PCA-2618927<br>HIGHLY<br>CONFIDENTIAL</p>
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