LEVY: Were you at all surprised? BALLMER: I can’t say I was shocked by anything that’s happened in the last few days. [But] I think our company and our industry has served consumers pretty well. I think our industry is incredibly competitive. [So] I am frankly stunned that there could be this kind of judgment entered.
The judge said outright that he considers Microsoft untrustworthy. I don’t understand that. I think the people we work with say we’re tough, aggressive. They even say we come in with our elbows up a bit high. But never has anyone said we’re untrustworthy. And I don’t believe that. It’s a reflection of the fundamental issue that we have the right and the obligation, even, to add value to Windows. The court disagreed with us on that, several times. Perhaps the court thinks our refusal to agree [with it] is some sign of untrustworthiness.
Obviously your stance has offended the court. Why not say you’re sorry? When you believe in the propriety, integrity and righteousness of what you’ve done, I don’t think the thing to do is have a meaculpa. The thing to do, at least in the United States, is to argue your position, your innocence.
In hindsight, is there something you would have done differently, either in the courtroom or out of it? Bill Gates, Bill Neukom and myself have talked about the competitive [nature] of our industry, the amazing way in which it has helped proffer tens of thousands of solutions at low cost for consumers. Somehow that message didn’t get told. In retrospect, maybe we should have taken the most effective person in the world at telling that–Bill Gates. Perhaps he should have taken the opportunity to tell that [on the stand] during the trial.
What has it been like to go over the government’s actual plan to split your company? We had no ability to make our case about the changes that we wanted to see in that remedy. I think the thing was predetermined; otherwise there would have been some interest in hearing what we had to say about the order.
But at a certain point you might have to accept it as your possible fate. Are you anywhere close to that yet? No. The proposal is so bad, bad for consumers. The cost that would be driven into this business would be amazing. The regulation prohibiting the enhancement of Windows. The expropriation of intellectual property from the Windows company. All of that would not only cut innovation but would certainly drive up the price of software, it would certainly drive up the price of personal computers.
Would you want to remain with Bill Gates if a breakup does occur? Bill and I are going to keep working together, I think for as long as we’re both working. We kind of get a kick out of it.
Will the ruling make it more difficult to launch your new initiative, Next Generation Windows Services? We’ll proceed with our plans and do our best work. I do think it is a shame that the distraction of this case might have some minor impact on acceptance of good work that our hardworking people do. But we’ll push through that.
If you don’t get a stay of behavior restrictions, would consumers be harmed? Yes. We can’t improve Windows. And we’d have to spend a lot of time, money and attention to do a set of things that are just off the track. So yes, I think there is real harm to us and consumers if those restrictions are not stayed. That’s why we’re pushing forward, trying to explain that harm to the appellate courts, make sure they understand.
Is there any prospect of a new set of settlement talks? No. I wish there was, but there’s nothing happening right now.
Has this all been very sobering? I’m actually pretty energized. I’m actually more upbeat today than I would have been a week ago. It just can’t go down from here! I know you think I’m a nut, but I’m telling you the truth.
You just feel in your bones that you’re going to win? A breakup won’t happen? I don’t believe it will, no. That’s my belief. I have great confidence in the American judicial system. I [have to] trust that confidence is well placed, but I still have it.
