He may have to start soon. As the feds broadcast a seemingly limitless stock of quotes from Gates's videotaped testimony that are flatly contradicted by internal memos and e-mails, the Microsoft boss is fast becoming his own worst enemy. While Gates told the shareholders that the DOJ had "misused e-mail snippets to create a false impression," his lawyers have used none of their lengthy periods of cross-examination to offer a better context. And the combination of Gates's dismissive attitude and faulty memory won't go down well with the judge either, says Cohen: "You need to be deft in explaining why you don't remember something. I'm not sure his performance rises to that level." Microsoft may be earning stockholders a fat 62 cents per share -– but if antitrust law kicks in, even the market will notice.