Statement by Sen. Slade Gordon (R-WA) on Senate Floor.
May 5, 1998.
Source: Microsoft Website.

SENATOR SLADE GORTON (R-WA)

MR. PRESIDENT, MY ESTEEMED COLLEAGUE, THE SENIOR SENATOR FROM UTAH, SENATOR HATCH, WAS ON THE FLOOR THIS MORNING ONCE AGAIN AFTER HIS LETTER OF LAST FRIDAY DENOUNCING MICROSOFT'S USE OF ITS FIRST AMENDMENT RIGHTS TO DEFEND ITSELF AGAINST AN UNWARRANTED ATTACK BY THE DEPARTMENT OF JUSTICE AND A HANDFUL OF STATE ATTORNEYS GENERAL.

AT ONE LEVEL, AT LEAST, HE WENT BEYOND THE REMARKS IN HIS LETTER WITH THE TOTALLY UNSUBSTANTIATED CLAIM THAT THE MANY C.E.O.'S WHO JOINED WITH MICROSOFT LAST WEEK AND AGAIN TODAY TO PLEAD WITH THE DEPARTMENT OF JUSTICE NOT TO INHIBIT OR TO POSTPONE THE MARKETING OF WINDOWS' 98 WERE SOMEHOW OR ANOTHER COERCED INTO TAKING THIS POSITION. AS A CONSEQUENCE THE SENATOR FROM UTAH NOT ONLY QUESTIONS THE RIGHT OF MEN AND WOMEN LEADING MAJOR AMERICAN CORPORATIONS TO SPEAK OUT ON BEHALF OF THEIR PRODUCTS, BUT ALSO INSULTS THEM BY SAYING THEY ACTED OUTSIDE OF THEIR OWN FREEWILL. MR. PRESIDENT AS I HAVE SAID, THERE ISN'T THE SLIGHTEST EVIDENCE FOR THIS PROPOSITION.

THESE C.E.O.'S WERE AND ARE DEFENDING THE RIGHT OF A MAGNIFICENT AND INNOVATIVE AMERICAN CORPORATION TO KEEP ON INNOVATING, TO KEEP ON PROVIDING NEWER AND BETTER PRODUCTS FOR THE PEOPLE OF THE UNITED STATES, AND FOR THAT MATTER, FOR THE PEOPLE OF THE WORLD.

THE SENATOR FROM UTAH BUTTRESSED HIS POSITION BY QUOTING FROM JUDGE ROBERT BORK, WHO HAS HAD A DRAMATIC LATE-LIFE CONVERSION FROM FREE MARKET PRINCIPLES TO SUPPORT WILLING GOVERNMENT INTERVENTION IN PERHAPS THE MOST DYNAMIC OF ALL OF OUR FREE MARKETS. WHILE THE SENATOR FROM UTAH DEFENDED JUDGE BORK'S OBJECTIVITY IN THIS, HE FAILED TO NOTE THAT THE JUDGE HAS RECENTLY BEEN HIRED BY NETSCAPE AND BY OTHERS.

NOW, JUDGE BORK'S HISTORIC POSITION IS PERHAPS QUOTED BEST IN JUST TWO LINES FROM HIS BOOK "THE ANTITRUST PARADOX," IN WHICH HE SAYS "THE RESPONSIBILITY OF THE FEDERAL COURTS FOR THE INTEGRITY OF VIRTUE OF LAW REQUIRES THAT THEY TAKE CONSUMER WELFARE AS THE SOLE VALUE THAT GUIDES ANTITRUST DECISIONS." THE SOLE VALUE THAT GUIDES ANTITRUST DECISIONS SHOULD BE CONSUMER WELFARE. MR. PRESIDENT, IN THIS ENTIRE DEBATE, WE HAVEN'T HEARD A BREATH, A WHISPER, OR A SENTENCE ABOUT CONSUMER WELFARE.

THIS IS A CAMPAIGN BY MICROSOFT'S UNSUCCESSFUL COMPETITORS TO LIMIT MICROSOFT'S COMPETITIVE ABILITY TO BENEFIT CONSUMERS. CONSUMERS AREN'T COMPLAINING, COMPETITORS ARE.

JUDGE BORK HAS DRAMATICALLY CHANGED POSITIONS FROM THAT OF A CONSUMER ADVOCATE TO AN ADVOCATE OF GOVERNMENT CONTROL. I MUST CONFESS, MR. PRESIDENT, THAT THERE IS PRECEDENT FOR HIS POSITION. THERE ARE ANTITRUST CASES THAT MIGHT JUSTIFY SOME SORT OF MOVE OF THIS NATURE BY THE DEPARTMENT OF JUSTICE. IN 1945 IN A DECISION RELATING TO ALCOA, THE SUPREME COURT DETERMINED THAT ALCOA'S "SUPERIOR SKILL, FORESIGHT AND INDUSTRY," WERE EXCLUSIONARY OF LESS EFFICIENT FORMS. IN 1953, IN A CASE INVOLVING THE UNITED SHOE MACHINERY COMPANY, IT WAS DECIDED THAT UNITED'S LONG LINE OF SUPERIOR SHOE MACHINES AND LOW LEASING RATES ILLEGALLY EXCLUDED HIGHER COST RIVALS. NOW IF THAT IS THE THEORY OF ANTITRUST UNDER WHICH JUDGE BORK IS OPERATING, SENATOR HATCH IS OPERATING AND THE DEPARTMENT OF JUSTICE IS OPERATING, LET THEM SAY SO. LET THEM SAY THAT THEY DON'T WANT INNOVATION, THAT THEY DON'T LIKE THE

NEW DEVELOPMENTS, AND THAT THEY DO NOT WANT ADVANCING TECHNOLOGY.

BUT MR. PRESIDENT, THE WHOLE FIGHT IN THIS CASE IS OVER WHETHER OR NOT WE ARE GOING TO PERMIT THE NEXT GENERATION OF OPERATING SYSTEMS TO GO TO MARKET. IT IS THAT THAT IS AT ISSUE, AND ONLY THAT.

FINALLY, MR. PRESIDENT, IN THIS CONNECTION, SENATOR HATCH ENDED HIS REMARKS WITH A LINE FROM THE ROLLING STONES. IN THE INTERESTS OF FAIRNESS AND IMPARTIALITY, I THINK THAT WE OUGHT TO TRY ANOTHER ONE. WHEN I HEAR SENATOR HATCH DEFENDING JANET RENO AND LAWYERS OF THE JUSTICE DEPARTMENT I FIGURE HE HAS BEEN LISTENING TO "SYMPATHY FOR THE DEVIL" A LITTLE TOO MUCH LATELY. THERE IS ANOTHER ROLLING STONE SONG THAT DESCRIBES WHAT MICROSOFT DOES FOR IT'S CUSTOMERS: A LITTLE HIT CALLED "SATISFACTION." MICROSOFT HAS BEEN SATISFYING THEIR CUSTOMERS FOR 20 YEARS AND THAT'S WHAT THEY OUGHT TO CONTINUE TO DO. TO THE SENATOR FROM UTAH AND EVERYONE AT THE JUSTICE DEPARTMENT WHO WANTS TO STAND BETWEEN MICROSOFT AND ITS CUSTOMERS, ALL I CAN SAY IS, FELLAS, "YOU CAN'T ALWAYS GET WHAT YOU WANT."