All of which sounds a lot like an earlier complaint from RealNetworks, another Microsoft competitor in the online audio and video business, that Redmond had thrown some bugs in the path of the latest version of RealPlayer. The problem then and now is proving intent in the nebulous world of programming. How can the government show that it wasn't simply a dumb mistake? As Tevanian was forced to admit, its "unfortunate but its not unusual" for new software to be incompatible with existing programs especially a multimillion code-line monster like Windows 98. The Feds might have better luck with the circumstantial evidence: Microsoft refused to send Apple an advance copy of Media Player, which would have helped iron out those errors. And Apple has plenty more time on the witness stand to air its grievances.