Netscape CEO Jim Barksdale must hate getting up in the morning these days. In his third day being cross-examined, Barksdale's written testimony was run through the blender again as Microsoft attorney John Warden presented evidence that showed even Netscape believed--internally, at least--that Internet Explorer 4.0 was an upgrade for the Windows operating system. It was another tough day for the beleaguered CEO.

"Obviously, we think this was another powerful morning of cross-examination," said Microsoft spokesman Mark Murray during a recess. "Netscape's own internal documents acknowledge that Internet Explorer is an integral part of Windows 98." Barksdale admitted that IE could not be removed from Windows without crippling the operating system.

Warden presented Barksdale's own notes from a June 1995 meeting with Microsoft that he described as "very friendly, non-threatening."

"Generally they want to find ways to work together. Under this pleasant enough goal they were open to many suggestions, most of which they made," he wrote. These suggestions included early access to Microsoft technologies that Netscape could use in Navigator and their server products.

When confronted with email excerpts from Netscape's Marc Andreessen and Bob Lisbonne that contradict the company's claims about offering Navigator for free, Barksdale was forced to say that these people were not speaking on behalf of the company and didn't know what they were talking about.

Barksdale says that Microsoft stepped over the line when the offered its browser as part of the operating system.

"Your real objection is that they put the browser in the operating system. You want it out, right?" Warden asked.

"Still do, still do, still do," replied Barksdale