Supreme Court Refuses To Block Execution of “Good, Decent” Woman

The U.S. Supreme Court on Tuesday refused to block the execution of a woman convicted in two killings, clearing the way for Virginia’s first execution of a woman in nearly a century.

Via FoxNews:

Teresa Lewis, 41, is scheduled to die by injection Thursday for providing sex and money to two men to kill her husband and stepson in October 2002 so she could collect on a $250,000 insurance pay out.

Two of the three women on the court, Justices Ruth Bader Ginsburg and Sonia Sotomayor, voted to stop the execution. The court did not otherwise comment on its order.

The court’s decision followed Virginia Gov. Bob McDonnell’s refusal to reconsider a clemency request, which he rejected Friday.

“A good and decent person is about to lose her life because of a system that is broken,” said attorney James E. Rocap III, who represents Lewis. He said he was referring to the decision by the Supreme Court and McDonnell’s rejection of clemency.

And pause.

There are a lot of valid reasons to block the execution of this woman but it seems a foolish tactic to use “she’s a good and decent person” as a reason, when in fact she killed her husband and stepson. The tertiary reason – that she’s a woman – seems beside the point.

I remember almost the same appeals being heard from coast to coast when Karla Faye Tucker was executed here in Texas. George W. Bush was the governor at the time and every bleeding heart who could find a camera condemned him for being so cold and callous as to kill a woman who had killed a man with a pickaxe and later said she’d had orgasms doing it.

It was the fact that she was a woman that offended the liberals more than anything – a fact I find hilarious. If they want equality, well, isn’t that equality in action?

I support the death penalty. But my experience with the Enron cases have made me extremely wary of allowing the federal government to have that much control over a human being. The DOJ is made up of ambitious attorneys who crave success just like the rest of us. They are not above doing lowdown, illegal, unethical things to advance their cause. So it seems to me that we have to be extremely cautious about the death penalty.

Can you imagine if the Enron cases were death penalty cases? Can you imagine John Kroger deciding whether or not to pursue the death penalty? I think if that were the case, half of the executives that I write about and care about and admire so much would be dead.

And it’s not because they were guilty. It’s because John Kroger, Andy Weissman and others acted with ruthless disregard to the rules. The executives were going to be found guilty, no matter what.

So while I think we should definitely execute murderers and child abusers, I worry that there’s no entity who can actually carry it out with 100% accuracy.

I admit that I don’t care if we’re accurate with terrorists. I don’t care if they were just the moneyman, or if they weren’t planning to blow up anything but just shot at a few soldiers in Afghanistan. I want them dead. I realize this is not a foreign policy that most people can get behind, but I’m okay with that.

Mostly I just want to know for a stone-cold fact that when an American citizen is put to death, they’re actually guilty. All the other pleas, such as “she’s a nice person”, “she’s a woman”, “she had a bad childhood,” etc etc don’t faze me at all. If she’s guilty, execute her.

But knowing what I know about the DOJ, I wonder how I will ever know if they’re really, really guilty.

Allegedly Yours

Take a peek at the ABC.com website and count the number of times the word “alleged” or “allegedly” is used in describing the massacre at Ft. Hood.

Based on my writing about Enron, I think any honest person must agree that I believe strongly in defendant’s rights, even a piece of crap like Major Hasan. But I don’t understand why he’s “alleged” to have killed those people. Many people saw him do it. There’s really no doubt that it was him.

And yet, the media says “alleged” murderer.

They were not so kind to the Enron defendants, many of whom were described as “scheming”, “devious”, etc. etc. There was no need for such technicalities for the men and two women in the Enron saga.

Hypocrites.

(Cross-posted at the Enron Blog).

Cara v Wall Street Journal

Over the weekend, I commented on an article at the WSJ about shareholder lawsuits after one person fawned all over the dubious accomplishments of Bill Lerach who net $7 billion for Enron investors. (Lerach, by the way, is still in prison for his kickback scheme.) The response was incredible; the other commentators immediately attacked me for everything from “getting wet” for Jeff Skilling to my writing, to proclaiming that I should talk to Cliff Baxter’s widow about how innocent Enron and Ken Lay are. I pointed out that Mrs. Baxter testified for the defense during the Lay/Skilling trial – but I don’t expect anyone there to actually open their freaking ears and listen.

Incidentally, somebody there commented under the name “Observer”. I am 100% positive that is not the same Observer who comments here. Their opinions could not be more different.

I am commenting on this today because this is the kind of crazy outrage that is still free-floating among the general public some eight years after the collapse of the company. People who know nothing other than what they read in Conspiracy of Fools or Smartest Guys In The Room believe they have a handle on the whole truth of Enron. In the first place there is so much information that even someone like me, who researches this stuff for a living, can never acquire it all. Like Jeff Skilling, it is impossible to know everything that happened in every office, in every cubicle, every single day. Some things are going to get lost. But the truth, in my hands, will not. In the second place, somebody who is a casual observer and guzzles down whatever news they hear from Tom Brokaw is just going to be ignorant; I must face this fact. No amount of proof is going to sway them. All I can do is keep writing and hope those whose minds are not glued shut by the mainstream media will be willing to listen a little deeper.

The truth doesn’t need consensus. But it would be awfully nice if those who believe they own the truth about Enron would actually look into Enron.

EBS Clips

These are clips of Enron’s 2000 Analyst Conference. Some Jeff Skilling, lots of Ken Rice and Joe Hirko. The guy at the far right (camera right) is Scott McNealy, CEO of Sun. There are some distant shots around 3:40. In the front row, on the left (camera left) is a tall guy – that’s Scott Yeager. Scott Yeager answered one question at the end of the presentation and otherwise had no role at all in the conference.

Also notice at 4:37, Jeff Skilling says again that they are continuing to add on to the functionality of the BOS. He makes it clear that the BOS is not completed.

Shawna Meyer Video

In December 1999, liar liar Shawna Meyer made a video tape to be shown at the January 20, 2000 analyst conference. This is part one of that video. Part two, the transcripts, and some analysis including contradictions to her trial testimony are in queue.

Ramfjord Gets The Truth About Press Releases

I thought it relevant to revisit some of the Broadband trial testimony about the Warpspeed press release and I found some great testimony during Ramfjord’s redirect of Claudia Johnson, the PR professional, about the press releases.

Q. Now, Mr. Campbell showed you a lot of e-mails and documents this morning. Do you recall any of those documents saying that the language in any press releases that were issued was false or misleading in any way?

A. No.

Later, directly about the Warpspeed press release:

Q. And yesterday did you testify that Mr. Griebling also approved the final version of this press release?

A. Yes, he did.

Q. And that final version included the section on “about Enron Broadband Services,” correct?

A. Yes, it did.

Q. And just so we’re clear, the other press releases that Mr. Campbell showed you — the PR124 on the VoD network solutions, the PR116 on Atomfilms and PR118 on WarpSpeed — all included the business model language. Is that right?

A. That’s right.

Q. And what did you intend to convey with that business model language in those press releases?

A. What I’ve been saying, that it was a business model. It was a plan, a strategy.

Now I’m switching witnesses here. This is Kris Caldwell, another PR specialist at Enron Broadband Services. This is Caldwell on direct by Ramfjord.

Q. Now, we heard a lot of testimony about press releases before you got here. And I’m not going to go through all the press releases, but I do want to ask you about one. Were you involved in preparing and obtaining approvals for a press release involving WarpSpeed Communications in May of 2000?

A. Yes, I was.

Q. What generally did you do in connection with that press release?

A. With that press release, I probably assisted in gathering some of the background about WarpSpeed and perhaps contributed to certain, you know, written portions of that press release. In addition, I assisted with the approval process and the review process of that press release.

Q. And I’d like to talk a little bit about the approval and review process of that press release. And to do that, I’m going to show you what has been marked as JH2388. [View exhibit: JH2398]

A. Okay.

Q. And if you’d confirm that I got that number right — 98, I believe.

A. It is 98.

Q. Ninety-eight. Okay. What is that document?

A. Basically this is an e-mail that was asking a variety of individuals to review that press release for its accuracy.

Q. Did you — were you one of the recipients of that e-mail?

A. I was.

MR. RAMFJORD: I would like to move to introduce this e-mail again for the process, not for the truth of the matter asserted.

MR. STRICKLIN: Well, your Honor, I think it’s hearsay; but in the interest of time, I don’t object to JH2398 being admitted in evidence as long as it’s not for the truth. [Comment: WTF? In the interest of time? This testimony was offered on June 3, 2003. The trial had commenced in April. What is this sudden concern with time? If it's hearsay, it's hearsay and shouldn't be permitted. This statement baffles me - but I'm glad that the defense got the exhibit in.]

THE COURT: All right.

MR. RAMFJORD: You can show that document now.

THE COURT: Hold it. Defendant’s Exhibit JH2398 is admitted.

BY MR. RAMFJORD:

Q. And, again, if you could describe this. Who is this document from — or this e-mail from?

A. The document is from Shelly Mansfield, who at that time was my supervisor and who I reported to directly within the public relations department.

Q. And it’s copied to a large number of people, including Mr. Hirko. Is that right?

A. Yes, it is right.

Q. And is it also copied to Mr. Griebling?

A. Yes, it is.

Q. Who was Mr. Griebling?

A. John Griebling was a vice-president, specifically in the area of engineering and was the technical kind of — the technical person who really was closest to this particular acquisition.

Q. What’s your understanding as to why he was copied on this press release?

A. He was copied as part of the overall kind of 360-degree review process.

Q. And is there an attachment to this e-mail?

A. There is.

Q. What is that attachment?

A. It is a draft of the written press release, WarpSpeed.

Q. And if we could just turn to that to show the draft.

MR. RAMFJORD: Whoops. That’s the final. Here we go. What’s the title of this?

A. The title is “Enron Acquires WarpSpeed Communications.”

Q. And it’s got a “Draft” mark up in the upper left-hand corner?

A. Yes, it does.

MR. RAMFJORD: Now, I’d like to look at the second paragraph of this press release and blow that up.
The language here states, “This acquisition accelerates the development of Enron’s Broadband Operating System, BOS, the software intelligence and controls that currently reside on Enron’s fiberoptic network. The BOS provides the basis for ubiquitous delivery of high QoS broadband content and bandwidth trading. Enron will incorporate Enron — or WarpSpeed’s MetaRouter software into the BOS to quickly and efficiently provision circuits. This will allow for real-time bandwidth trading in scalable increments and for dynamically adjusting the underlying bandwidth capacity to support broadband content delivery.” Do you see that language?

A. I do.

Q. Does that language say the BOS was done?

A. No.

Q. Why not?

A. It says that the acquisition accelerates the development of the Enron Broadband Operating System, which would suggest that it’s in development as kind of a work in progress.

Q. Is there any future tense language in there?

A. There is.

Q. Where?

A. It says in — oh, it changed color. It says, “Enron will incorporate” — let’s see — “WarpSpeed’s MetaRouter software.” I’m sorry. It’s the “this will allow for real-time bandwidth trading” as opposed to “this allows” or “enables real-time” — “the real-time bandwidth trading.” So, that would be a future tense.

Q. Okay. Now, I’d like to turn to a second e-mail relating to this press release, which is JH2406. I’m going to hand you a copy of that and ask you if you recognize that. [See exhibit here: JH2406]

A. I recognize it.

Q. And what is that?

A. This is a — an e-mail string, if you will, that transpired after the document was shared with a larger body of individuals who were involved in the approval process. And in this case it was — this is probably a second draft of that press release that was sent to a smaller group of individuals for kind of final approval.
Specifically –

Q. Before you go any further, did you receive a copy of this? Are you involved in this e-mail exchange?

A. Yes.

MR. RAMFJORD: Again, we’d just move to admit it for the limited purpose of showing process, your Honor.

MR. STRICKLIN: Your Honor, I object based on hearsay. And it’s clearly being offered for the truth of the matter asserted. There’s no other way to look at it. If you’re saying it’s just to show the process, well, that’s the truth of the matter asserted in the e-mail. There’s — there’s no other — [Comment: What? No concern for time??]

THE COURT: Hold on. Let me just take a look at it. It’s 2406?

MR. RAMFJORD: Yes. And I actually handed a copy of the exhibits up to the Court in a brown folder.

THE COURT: Oh, okay. Well, somebody has already put it up here, I think. Let me see. Well, I mean, yeah, it would be hearsay. But it’s not being offered for the truth. It’s being offered to show why this witness took whatever steps he took in relation to having received this information. It would still be admissible, though.

MR. STRICKLIN: Well, the specific part is the middle — the middle part, for Mr. Griebling, there’s no other way to suggest that that should come into evidence unless it’s being offered for the truth.

MR. RAMFJORD: Your Honor, it’s being –

THE COURT: He’s saying what he would have done next in relation — in response to having received this e-mail.

MR. RAMFJORD: Right.

THE COURT: Or what steps he would have taken next inresponse to having received this e-mail. Objection overruled. Defendants’ Exhibit JH2406 is admitted.

BY MR. RAMFJORD: Now, I’d like to start at the bottom of this document, Mr. Caldwell. What is the — The very bottom, actually. Oops. There we go. What is — what is this portion of the document?

A. I’m sorry. Can you repeat the question?

Q. What is this portion of the document?

A. It’s the list of individuals that would have received the e-mail.

Q. All right. And who is sending this e-mail?

A. Shelly Mansfield.

Q. And what is the caption of the e-mail?

A. “New Draft, WarpSpeed Announcement.”

Q. And are you among the recipients?

A. Yes.

Q. Is Mr. Hirko one of the recipients?

A. No.

Q. And does this e-mail, in effect, attach a draft — if you want to look at the paper copy in front of you — of the WarpSpeed announcement? Does it attach a draft of the WarpSpeed announcement?

A. Yes.

Q. Okay. Can we just show the next page to confirm that? And if we can go on to the — yeah — there we go. Is this the draft that’s attached?

A. Yes, it is.

MR. RAMFJORD: Okay. Now, I’d like to go back — oh, actually, while we’re on this page, let’s look at the second paragraph, if we could blow it up. This — the first sentence of this paragraph does not have the word “development” in it, does it?

A. No, it doesn’t.

Q. Do you know whether Mr. Hirko took that language out?

A. I don’t know.

Q. Do you have any reason to believe that Mr. Hirko knew about that language coming out?

MR. STRICKLIN: Objection to form, your Honor.

THE COURT: Objection sustained.

BY MR. RAMFJORD:

Q. What, if any, reason do you have to believe that Mr. Hirko was aware of that change?

A. I’m sorry. Could you repeat?

Q. What, if any, reason do you have to believe that Mr. Hirko was aware of that change?

MR. STRICKLIN: That’s leading and assumes facts that have not yet been testified to, your Honor.

THE COURT: Well, objection sustained.

BY MR. RAMFJORD:

Q. Let’s go up — let’s go back to the e-mail. Above the e-mail we just looked at, is there an e-mail from you to someone else?

A. Yes.

Q. What is that e-mail?

A. It’s a message to John Griebling to review the press release.

Q. And the caption, again, is?

A. “Important WarpSpeed announcement, please return with feedback today.”

Q. And what do you say in the text of the document?

A. “John, as discussed, the release is attached for your review. Please return by 2:30 today, Pacific time, with feedback. Thanks.”

Q. And let’s go back to the text and see what the next e-mail in the chain is. What is this?

A. This is a reply from John Griebling.

Q. And what does Mr. Griebling say?

A. “Chris, I have read and am fine with this.”

Q. And what did you do after you received this e-mail from Mr. Griebling?

A. I informed my supervisor, Shelly Mansfield, that John had approved the e-mail — I mean, the press release.

Q. And was the press release issued after that?

A. Yes.

Q. And just so we’re clear, I’d like to put on the screen PR118. Is this the WarpSpeed press release, the final version of the press release?

A. It looks like it.

MR. RAMFJORD: One moment.

(Sotto voce discussion at counsel table)

MR. RAMFJORD: Nothing further, your Honor.

So what we can determine based on the record is that the press release was drafted by at least three people: Claudia Johnson, Kris Caldwell, and John Griebling. Joe Hirko signed off on it but didn’t write it. And as we’ve seen, it contained nothing controversial at all. It was future-looking. It did not say that BOS was up and running. It didn’t say that EBS was going to make a trillion dollars that quarter. All it said was the facts: EBS had acquired Warpspeed for their intermediation business.

Joe Hirko must not go to prison based on this press release.

My Predictions For The Broadband Three

Here are my predictions about what will happen to the Broadband Three.

Joseph Hirko

What I Hope Happens:

Judge Gilmore will throw out Hirko’s plea. He will be bounced back to the 5th to continue his appeals. With collateral estoppel newly defined, the government will be banned from ever trying him again. He will live happily ever after.

What I Think Will Happen:

Judge Gilmore will not accept Joe’s plea. She has moments of absolute lucidity and correctness (see the postponement of Shelby’s second trial. She granted a delay based on the outcome of Yeager v USA. She wouldn’t have done that if she intended to completely disregard Yeager v USA.) I believe she will take into consideration Yeager v USA, as well as the fact that the SCOTUS originally remanded Hirko to the 5th. The case has already been sent from the 5th back to Gilmore, but I think once Hirko is in her court room, she’s going to do the right thing and punt it back to the 5th. The 5th will look at Yeager v USA and throw the case out.

Rex Shelby

What I Hope Happens:

Presently, Judge Gilmore is considering Shelby’s Motion To Dismiss. I hope she grants it. The government will appeal to the 5th Circuit. The 5th Circuit will rule in Shelby’s favor and the government will be barred from ever trying him again.

What I Think Will Happen:

Gilmore will grant Shelby’s Motion to Dismiss. The government will appeal to the 5th. The 5th will rule in Shelby’s favor and the government will be barred from ever trying him again. And he’ll live happily ever after.

Scott Yeager

What I Hope Happens:

The 5th Circuit, where his case is now, declines to revisit the issue of whether Yeager possessed insider information or withheld it from the public. Case closed. Government can not retry him again. Game over.

What I Think Will Happen:

I think the 5th Circuit will decline to revisit the issue. They’ve already determined the fact that he did NOT have insider information. The Supreme Court did not order them to revisit the issue, but said they could if they wanted to. I do not believe they want to. I think they’re eager to get the Enron cases out of their courtrooms. When they decline to revisit, the government will have no further recourse. They can not try him again. Yeager walks free (and lives happily ever after.)

2000 Analyst Conference — Skilling

Jeff Skilling uses forward looking statements and future-tenses for verbs, such as “announcing”, “would develop” and so on. This is after the metrics and valuations methods of EBS. It is not part of the valuation of EBS. It is clear that this is all brand new.

Let me just get to one last thing and then we’ll be finished here. Last thing is the BOS. The BOS is the Broadband Operating System. When Rex was talking about the software that we have, there are lots of additional applications of the software. We have the software currently to operate our own network. We believe that there is an opportunity to set up a standardized protocol for the industry that uses some of
those same components that are in our network operating system. So we are proposing the development of a broadband operating system. That’s a proposed standard protocol for accessing real time bandwidth. It is desperately needed in the industry so that people can get quickly on a real time basis, access to bandwidth.

What this thing is is a single operating system paradigm, which ties together, as Rex mentioned, all the network resources: switches, routers, servers and applications. It would be the first direct software link between the applications and the network resources. And if you have an application software, it’s running,
it knows it needs bandwidth, it would be able to reference the bandwidth operating system, figure out how you actually schedule to nominate that bandwidth, get access to it, provision it, ensure it’s at an adequate quality of service and then that software can call in that bandwidth and when its done with it, it can send
it back and that would be a real service to the applications development business. The protocol that we envisage (ENVISION?)is consistent with the Enron Intelligent Network and with Enron’s bandwidth provisioning architecture, and it would be made available to all software developers through published application programming interfaces, so that we would set up a basically a set of interfaces that would allow
an application developer to take that application programming interface, to stick it in their system or whatever their programming. And it would access the operating system to provide them real time bandwidth, as necessary, within their application. Just graphically, it would look something like this, where you’ve got a bunch of third-party software that’s being developed, they use an API which ties into a standardized method for developing the software, or developing the bandwidth or make available the bandwidth and
11 then that would be able to access the network. This is important because this, I think, can supercharge the development of our business. And the reason it can supercharge the development of the business is everyone would be using that same protocol. Now the reason I’m talking about this, you’re probably sitting there going, “What the hell is he talking about?” but this is important and as a part of the discussion today, I’d like to make an announcement related to the development of this software platform and this capability to access, on a real-time basis, broadband services. We are announcing today an agreement with Sun Microsystems that’s intended to accelerate the adoption of broadband Internet services as we have been describing today. Under the agreement, Sun is going to help Enron build out the footprint for the next generation broadband infrastructure, the Enron Intelligent Network which is based, as we talked about on
the fiber, servers, pooling points and our operating system which is described here. Enron and Sun will also collaborate to optimize the Enron Intelligent Network for use with the Sun platform, which will lead to
accelerated deployment of this type and philosophy of operating system in the industry and Enron, and Sun will engage in joint marketing efforts to promote the EIN services as a way to address the needs of enterprises, software developers and service providers for the delivery of broadband applications at guaranteed service levels. Specifically, what we’re talking about is jointly developing some APIs, application
programming interfaces, to embed the EIN model into a broad base of applications when people are developing software. So we’re announcing that.

2000 Analyst Conference — BOS Is Still Being Developed

One analyst clearly understands some of the BOS, like the Pooling Points which did use InterAgent to control them and were bandwidth on demand and did allow QoS per circuit to be defined, was still under development and was not the same thing as a finished, completed BOS. So this is direct proof that the Analysts were not confused by minor terms or slides like Network Control Software or any of the other stuff the DOJ presented during trial.

Joe Hirko makes it clear that BOS is not an OS like Sun Solaris and implied like Windows OS. So when Witness Bill Collins uttered that ridiculous “lipstick on a pig” statement, it was clearly and totally unconnected to what was actually said to the analysts and to what they understood based on this question and the answer by Joe Hirko:

MALE VOICE [analyst]: My understanding is that the Lucent BandWidth Manager and the InterAgent software is something that’s up and running and is for your intermediation business, but you now talk about the broadband operating system. Is that essentially taking those pieces and trying to develop this as an industry standard, and who else has competing standards, what’s the process and timeline for getting this up and developed and [unintelligible]?

MALE VOICE: (Video Shows this is Hirko) Let me start with an answer and then Scott can really answer the question. But if you look at it, we started with a concept of calling this a broadband operating system as a
way to explain to people what we were talking about. What we are really doing is enhancing the capabilities of Solaris by adding wide area network functionality that’s necessary to move broadband data across multiple networks. It’s not truly an operating system from a traditional definition. It’s an operating system from the standpoint that it operates multiple wide area networks and the devices within those networks to deliver a broadband experience from end to end. So, as we look at that kind of concept, the relationship with Sun is to develop standard APIs that would enable software developers, application service providers, to gain that
functionality for their applications on a plug and it works basis and to make that a standard approach for the industry. We would fully assume that there will be others that will write in essence operation systems that also take advantage of those APIs.But we would have a first mover advantage and would be focused on the broadband content delivery over multiple networks.

MR. MCNEILLY: I don’t know any other effort of this scale with the kind of partnerships we’re putting together here to go put this API together, it’s a new idea, it’s a new requirement that all the hubs, routers and switches and teleco equipment and the clients and all the other components that are on the
network as well as the applications and content have a common way of doing the metering and the
quality of service reservations and guarantees and billing and all of the other pieces that you need. It just hasn’t been done before, because it hasn’t been an issue. Because when you ran Microsoft Office onyour PC you were guaranteed to get a slow response with full absolute control over your personal computer. Now we’re talking about going out over the network. I can’t help myself, even when I’m not feeling well. And so
09 this is the right strategy and we’re doing it using Java and the Java community process, which is an open process on strategy. Jonathan would you like to add to that?

2000 Analyst Conference — Scott McNealy

The thing that excited both Rex Shelby and Scott Yeager about working for EBS was the fact that Enron was going to support a completely new idea. Shelby, Yeager, and Hirko each possessed part of an idea that would become whole when they came together. The idea of bandwidth intensive applications having its own separate network was brand new at the time, and though video and high bandwidth is ubiquitous now, in the late 1990s and early 2000s, it was the zenith of technical and ideological accomplishment.

Scott McNealy, CEO of Sun, demonstrates with perfect clarity that EBS was a new effort. He likes the novelty of offering applications on a fat-pipe network and is excited the concept of the BOS being open — not closed like Microsoft. He also shows that Enron was not thought of as criminal but innovative. He makes it clear he is at the conference because Enron committed to buy 18,000 servers. McNealy says that twice; the Analysts could have discounted everything he said because he was an impartial observer. Yet he admitted up front, full disclosure, that he was there because Enron/EBS is a customer first.

At no point does Scott McNealy say that the Broadband Operating System is complete. He say it is going to be developed jointly and these two great companies – Enron and Sun – are going to make it a reality.
Did he say it was a reality? No. This is not confusing. How can the DOJ miss this?

MR. SCOTT MCNEILLY: Actually, I’m feeling pretty good. 18,000 servers tend to snap me right out of it. I even put a jacket on for this even; I almost went out and rented a tux.

This is a pretty interesting opportunity and I think we see lots of different people actually going after this, trying to figure out how to make the world wide wait, I mean, the world wide web, turn into something that’s actually useful and can be mission critical and can actually start delivering entertainment and mission critical kinds of services. We’ve obviously built Sun from day one with the strategy and the basic assumption that every man, woman and child will be connected to a high speed broadband network no matter where they are all times. Obviously, that’s a dumb assumption. I mean half the world dies without ever making or receiving a phone call. But, it’s becoming a less dumber assumption every day.

And building the design center for all that we do, <font color="red"the products, technologies, APIs and partnerships, assuming that will happen, I think it’s paid off for our shareholders, and I think it will pay off for Enron’s shareholders, because that assumption is basically the one the two companies together are partnering to make a reality. And this is a huge step forward in that direction.

The other reason I am here besides 18,000 servers is – did I say that already – is that I think the philosophies here are very similar between Enron and Sun and for a father who named his first son Maverick, I think Enron makes a very interesting partner in their rule breaking kinds of strategies about opening markets up, driving the Darwinian market economy into what would have been previously closed proprietarian sometimes monopoly dominated, at least that’s what we have in our industry, a monopoly dominated situation.

And the way you beat them is to open interfaces, provide plug and, oh we don’t call it plug and play, that’s what Microsoft says, we call it plug and pay when they do it. We just call plug and work, where you just kind of plug in and everything works together in one seamless fabric. So the architectural philosophy strategies between Enron and Sun are in the same way this broadband effort is similar to their energy utility model, well their whole approach and strategy of opening the interfaces and driving APIs is completely analogous to what we have done to the Internet and we now have become the number one platform on the Internet.

UPDATED

Another passage relevant to this subject:

His opinion here is that EBS has the right DNA to make this broadband idea happen, and Enron has the right partners, software partners like Inktomie, and of course Sun, to make it happen.

I think the background skills, expertise and just sheer legacy DNA in terms of how to operate in this open market environment is going to do very, very well by Enron as they go forward, plus they have the ability to make the capital investments, and the list of partners they have there, that’s right on the button, Inktomi and Lucent and others are right on the button in terms of the kind of partners you need to go make this happen. So with that, I guess we’llturn it over to Q&A. Not done yet.

Follow

Get every new post delivered to your Inbox.

Join 1,221 other followers