| September 8, 2003 I wrote Scott McNealy. As a concerned Sun Microsystems stockholder, I am following up on the statement below, which was published in THE SUN ALSO SETS. "Considering Sun’s history of a company Vice President and Director trying to bankrupt a business partner and a small woman owned business and knowingly falsifying the company’s Quality and Return on Six Sigma (ROSS) information, why should Sun's stakeholders feel good about Sun's integrity? Why should the stakeholders trust the company's management? Was Sun's Standards of Business Conduct followed? If not, what will be done about it ?" My questions are 1. What has Sun done about this? 2. If nothing has been done, will anything be done? 3. If something will be done, when? 4. If Sun does not plan to do anything about this, why not? If you respond by September 8, 2003, I will publish the question with your response on the website. If you do not respond, I will publish the questions and note that you decided not to respond. September 8, 2003 I filed a complaint with the Department of Labor, asking them to investigate possible violations of US laws by Sun Microsystems. If you have any information about possible violations, email me at webmaster@thesunalsosets.com. September 9, 2003 According to Reuters, Bill Joy will be leaving Sun. Joy was one of the co-founders of Sun. Are the wheels falling of the executive management team at Sun? September 11, 2003 At the bottom of this webpage is the insider trading activity for the past 2 years. My questions are: 1. Why are the insiders selling? Do they know something we don't know? Do they have confidence in the company? Is there something wrong with this picture? 2. Bill Joy was the last insider to buy (1,000,000 shares at $3.93 - $4.01 per share on July 29, 2002) and now he is leaving Sun. What does this mean? Is there more to his leaving than has been reported in the media? September 15, 2003 I filed a complaint with the Securities and Exchange Commission, asking them to investigate possible deception of stockholders and potential stockholders by Sun Microsystems. If you have any information about possible deceptions or if you are interested in pursuing a class action lawsuit, email me at webmaster@thesunalsosets.com. September 23, 2003 I sent follow up information to the Department of Labor, regarding possible violations of US laws by Sun Microsystems. Thanks for the information. If you have any information about possible violations, email me at webmaster@thesunalsosets.com. September 24, 2003 According to Reuters, Sun Microsystems Inc. said it is laying off about 1,000 workers. Sun said in a statement that the job cuts were aimed at helping the company to achieve its fiscal 2004 "goals of growing revenues, improving profitability and increasing shareholder value." My question is "how do you grow revenues by laying off employees?" Sun had a layoff of 3,900 employees in October 2001 and another layoff of 4,400 was announced in October 2002. Did these layoffs grow revenues, improve profitability and increase shareholder value? September 26, 2003 I wrote Scott McNealy. In early 1999, when asked whether privacy safeguards had been built into a new computer networking system that Sun had just released, you were quoted as saying “You have zero privacy anyway. Get over it.” SOURCE: “The Reinvention of Privacy,” by Toby Lester, in the Atlantic Monthly, March 2001, pg 27. As a stockholder, who is very disturbed with your management and leadership of Sun, I ask you the following questions: 1. Why do you have little or no concern for privacy? 2. If you are concerned about privacy, why did answer the question the way you did? 3. Is this typical of the way you and Sun respond to the lack of function in Sun's products? 4. Is this another example of why customers can't trust Sun? If he responds, I will post his response. September 27, 2003 It is noteworthy that Clark Masters, Executive Vice President, Enterprise Systems Products, Computer Systems has been selling his Sun stock like crazy the past few months. If you have any information, please email me. His bio states "his dedication and commitment to the company and his organization earned Masters the Sun Leadership of The Year award in 1999." Considering the recent stock selling activity, one wonders if he is still as dedicated and committed. Will he get the award in 2003? A better question - should any Sun executive get the award in 2003? September 29, 2003 The AP reported that Sun Microsystems Inc. revised its fiscal fourth quarter results Monday, taking a $1.05 billion charge after realizing its first-quarter loss will be greater than expected. Stay tuned to this website. I will be asking Scott McNealy some penetrating questions. I suggest you should start asking questions and demanding answers. You might start with some of the unanswered questions I have asked. The email address is investor.relations@sun.com. October 1, 2003 I wrote Scott McNealy. Scott, On August 19, 2003, I wrote you asking “can you verify at the risk of personal penalty that Sun did not violate any US Securities and Exchange laws?” You did not respond. On September 9, 2003, it was reported that Bill Joy was leaving Sun. On September 15, 2003, I filed a complaint with the Securities and Exchange Commission, asking them to investigate possible deceptions of stockholders and potential stockholders by Sun Microsystems. On September 29, 2003, Sun Microsystems revised its fourth-quarter results, taking a $1.05 billion charge to increase an allowance for net deferred tax assets. For the period ended June 30, Sun will show a loss of $0.32 per share, rather than a $12 million profit. As a very concerned stockholder, I ask you again "can you verify at the risk of personal penalty that Sun did not violate any US Securities and Exchange laws"? Also, did Sun’s September 29, 2003 announcement prove that Sun deceived stockholders and potential stockholders? If not, why not? Does this revision leave Sun open for class action suits? If not, why not? Was this announcement made to try to halt an SEC investigation? Will we see more revisions? Considering the revision of the fourth-quarter results and the examples pointed out in THE SUN ALSO SETS article, why should stockholders and potential stockholders have trust and confidence in financial information provided by Sun? If you respond, I will post your responses on THESUNALSOSETS website. I will ask the SEC to continue its investigation. Sincerely, Robert Bolton October 2, 2003 I wrote Scott McNealy. Scott, Reuters reported today that you said "the FASB, SEC and accountants have gone absolutely wacko on us. I'm a Stanford MBA, I went to most of my classes. I took accounting. I can't read annual reports, income statements and SEC filings any more. They are absolutely undecipherable." As a stockholder, who is very concerned with your management and leadership of the company, I ask you the following questions. 1. Are you blaming the FASB, SEC and accountants for Sun's revision of its previously reported fourth-quarter results to show a loss? 2. Are you implying that Sun is currently under investigation by the SEC? If not, are you expecting Sun to be the target of an SEC investigation in the future? 3. Are you as paranoid with the FASB, SEC and accountants as Richard Nixon was with the media? You also said "if we laid that all out with strict cash accounting, and let the analysts do the analyzing and the investors do the guessing, and stop putting the CEOs and the accountants in charge of making judgments, we'd all be a lot better off." 4. Help me understand what should the investors be guessing about? Should the investors be guessing whether or not the CEOs and the accountants are being truthful and honest? Should the investors be guessing whether or not the company has the cash it says it has? Would your vision of how corporate accounting should work have prevented Enron and MCI Worldcom? 5. And should we extend the guessing game to employees, customers, and business partners? Should employees have to guess whether their stock options will be worthless? Should employees have to guess whether they will be laid off, regardless of their job performance? Should customers have to guess what kind of service they will receive after they purchase Sun products? Should customers have to guess whether Sun will continue to support a Sun product? Should business partners have to guess whether or not Sun will abandon them? Are investors, employees, customers, and business partners merely pawns in the McNealy chess game? If you respond, I will post your responses on THESUNALSOSETS website. Sincerely, Robert Bolton October 3, 2003 I wrote Scott McNealy. Scott, One of my sources told me that two employment class action lawsuits have been filed against Sun - one in Denver and the other in San Francisco. I was also told that the lawsuit filed in Denver involved H1B. As a stockholder, who is very concerned with your management and leadership of the company, I ask you the following questions. 1. Will you confirm or deny that the employment class action lawsuits have been filed against Sun? If you do not respond, I will assume that the employment class action lawsuits have been filed against Sun. 2. Will you confirm or deny that the lawsuit filed in Denver involved H1B? If you do not respond, I will assume that the lawsuit filed in Denver involved H1B. 3. As I asked you in the past as noted in THE SUN ALSO SETS article, let me ask you again "can you verify at the risk of personal penalty that Sun has not violated any US immigration laws?" If not, why not? 4. If Sun loses these lawsuits, what is the worse case scenario for Sun? Payment of thousands of dollars or millions of dollars? 5. Do you plan to tell Sun stockholders about these class action lawsuits? If not, why not? If so, when? 6. Do you have any comments about the lawsuits? If you respond, I will post your responses on THESUNALSOSETS website. Sincerely, Robert Bolton October 6, 2003 I have been informed that a lawsuit has been filed in California alleging that Sun Microsystems Inc. laid off thousands of American high-tech workers in order to replace them with younger, lower- paid engineers from India. If you feel you qualify for damages or remedies that might be awarded in this class action please fill out the form on the website below. http://www.bigclassaction.com/class_action/sun.html October 9, 2003 The SUN MICROSYSTEMS, INC. Annual Meeting will be held on 11/13/2003. Do not forget to vote AGAINST Scott G. McNealy. October 9. 2003 It has been reported that Scott McNealy, chief executive of Sun Microsystems, has apologized to the chairman of the U.S. Securities and Exchange Commission for a speech in which he criticized actions by the commission and others as "absolutely wacko." . In a letter to the commission's chairman, William Donaldson, McNealy expressed his "sincerest apologies" for his "imprudent remarks" made on Oct. 1 in a televised address in Toronto.. October 9, 2003 Below is my letter to Sun regarding Guy Santiglia's story, which is on the Stories webpage. Hi Diane, As a Sun stockholder, I am shocked and very disturbed to hear about Guy Santiglia's story. I am sure other stockholders, Sun employess, Sun customers, Sun partners, and fellow patriotic Americans are also shocked and disturbed to hear this story. I have published it on THESUNALSOSETS website. As a Sun spokesperson, do you have any comments? If you do, I will publish them. Regards, Robert Bolton October 16, 2003 I wrote to Scott McNealy. Scott, The story about Walter Kruz was published on THESUNALSOSETS website. As a stockholder, who is very concerned with your management and leadership of the company, I ask you the following questions. 1. Will you confirm or deny that employment class action lawsuits have been filed against Sun? If you do not respond, I will assume that employment class action lawsuits have been filed against Sun. 2. Will you confirm or deny that the lawsuits could encompass as many as 2,400 former Sun workers? 3. Can you verify at the risk of personal penalty that Sun has not violated any California laws?" If not, why not? Is Sun under investigation by the State of California? 4. If Sun loses these lawsuits, what is the worse case scenario for Sun? 5. Do you plan to tell Sun stockholders about these class action lawsuits? If not, why not? If so, when? 6. Do you have any comments about the story or the lawsuits? 7. Do you agree with Mr. Khosla's quoted remarks that at Sun, Indians are "favored over almost anybody else. If you are a WASP walking in for a job, you wouldn't have as much pre-assigned credibility as you do if you're an engineer from [the Indian Institute of Technology]." If you respond, I will post your responses on THESUNALSOSETS website. Sincerely, Robert Bolton October 20, 2003 Here is a suit against Sun. Docket as of May 15, 2003 7:20 pm Web PACER (v2.4) -------------------------------------------------------------------------------- U.S. District Court U.S. District Court for the District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 03-CV-877 Kitchen v. Sun Microsystems Inc Filed: 05/14/03 Assigned to: Judge Zita L. Weinshienk Jury demand: Plaintiff Demand: $0,000 Nature of Suit: 442 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 42:2000e Job Discrimination (Employment) -------------------------------------------------------------------------------- SHERYL A. KITCHEN Ralph Gilbert Torres plaintiff [COR LD NTC] Ralph G. Torres, Law Office 1801 Broadway #1100 Denver, CO 80202 USA 303-297-8427 FTS 292-3661 v. SUN MICROSYSTEMS, INC., a corporation doing business in Colorado defendant October 20, 2003 I wrote to Pat Sueltz, Services VP. Pat, As a very troubled Sun Microsystems stockholder, I am following up on an article in the Wall Street Journal on October 16, 2003. The WSJ reported that at a half hour meeting in October, 2002, McNealy indicated he wanted Sun to better reach out to customers and grow again. But, he offered no specific plan. He also said to one executive, "Don't screw it up." My questions are: 1. In an article published on the http://www.thesunalsosets.com/ website, I wrote, "As a stockholder, I am concerned about Sun's future under Scott's leadership without Ed Zander, Larry Hambly, Mike Lehman and the other executives, who left the company. Without these executives to support Mr. McNealy, is SUN headed down the same road as DEC?" Do you think that lack of planning is a major flaw in his leadership skills? Is this typical of his management style? 2 On the previously mentioned website I also wrote, "Considering Sun’s history of a company Vice President and Director trying to bankrupt a business partner and a small woman owned business and knowingly falsifying the company’s Quality and Return on Six Sigma (ROSS) information, why should Sun's stakeholders feel good about Sun's integrity?" Did you "screw it up" when you promoted this Vice President? Did you "screw it up" when you failed to act on the these issues? If you did not "screw it up", then should we assume that McNealy condones these activities? Should we assume that these activities are a result of Sun's culture? 3. In addition, on the previously mentioned website I wrote about class action lawsuits, involving discrimination. Did the executives who permitted the activities alleged in these lawsuits "screw it up?" If they did not "screw it up", then should we assume that McNealy condones these activities? Should we assume that these activities are a result of Sun's culture? Sincerely, Robert Bolton October 21, 2003 Here is another suit against Sun. Docket as of January 14, 2003 7:58 pm Web PACER (v2.4) -------------------------------------------------------------------------------- U.S. District Court District of Connecticut (New Haven) CIVIL DOCKET FOR CASE #: 03-CV-57 Kelley v. Sun Microsystems Filed: 01/09/03 Assigned to: Judge Gerard L. Goettel Jury demand: Plaintiff Demand: $0,000 Nature of Suit: 442 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 42:2000 Job Discrimination (Age) -------------------------------------------------------------------------------- MARGARET MARY KELLEY Scott R. Lucas plaintiff [COR LD NTC] Mary Alice S. Canaday [COR LD NTC] Martin, Lucas & Chioffi 1177 Summer St. Stamford, CT 06905 203-324-4200 v. SUN MICROSYSTEMS, INC. defendant Here is another lawsuit. U.S. District Court U.S. District Court for the District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 03-CV-98 Matthews v. Sun Microsystems Inc Filed: 01/15/03 Assigned to: Judge Richard P. Matsch Jury demand: Plaintiff Demand: $0,000 Nature of Suit: 442 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 42:2000e Job Discrimination (Employment) -------------------------------------------------------------------------------- GAIL MATTHEWS, on behalf of William J. McCarren herself and al others [COR LD NTC] similarly situated Miller & McCarren, PC plaintiff 2150 West 29th Avenue #500 Denver, CO 80211-3890 USA 720-855-8880 FTS 855-8881 v. SUN MICROSYSTEMS, INC., a Delaware corporation defendant October 24, 2003 I was informed that Sun Microsystems may have violated the Employee Retirement Income Security Act (ERISA). I filed a complaint with the Department of Labor and asked them to investigate. October 29, 2003 The law firm of Klayman & Toskes, P.A., recently filed a securities arbitration claim before the New York Stock Exchange ("NYSE") on behalf of an employee stock option plan participant of Sun Microsystems Inc. (SUNW) . The claim (Case #2003-014541) seeks compensatory damages in excess of $1,495,176 directly related to the failure to recommend hedging strategies to an employee to protect his concentrated position in the company stock when the employee exercised his stock options. K&T is also actively investigating other possible claims made by employees of Sun Microsystems regarding the handling of their stock options. K&T has offices in California, Florida and New York and represents investors throughout the nation. If you wish to discuss this announcement, and have done business with any major brokerage firm with regard to the Sun Microsystems employee stock options or have information relevant to our lawsuits, please contact Lawrence L. Klayman, Esquire of Klayman & Toskes, P.A., 888-997- 9956 or visit us on the web at http://www.nasd-law.com. November 5, 2003 I wrote Scott McNealy. Scott, As you know, Ford Motor Corporation implemented a forced ranking system in January 2000, and ranked employees on a bell curve. Workers sued Ford Motor for a ranking system they said amounted to age discrimination. The lawsuit was settled in 2002 for $10.6 million, and Ford overhauled its system. It is my understanding that Sun uses a similar forced ranking system. My sources have told me that Sun may have used its forced ranking system to discriminate against many “high performing” employees, who were over 40 years of age. These employees were suddenly ranked at the bottom, rated as “poor performers”, and then terminated as a part of the company’s downsizing. As a stockholder, who is very disturbed with your management and leadership of Sun, I ask you the following questions: 1. Does Sun use a forced ranking system? If so, why did Sun not learn any lessons from the Ford lawsuit? 2. Have there been any lawsuits against Sun based on its forced ranking system? 3. Can you assure former and current employees that Sun did not use a forced ranking system to practice age discrimination? If not why not? If you respond, I will post your responses on THESUNALSOSETS website. Regards, Robert Bolton November 13, 2003 I wrote Scott McNealy. Scott, It has been reported that the office of export enforcement within the Commerce Department has informed Sun of two suspected violations regarding sales to Syria. As a Sun stockholder, who is very disturbed with the executive management of the company, I ask you the following questions: 1. What product(s) did Sun sell to Syria? 2. Did the product(s) potentially impact the security of the United States? Please explain. 3. Should the United States government continue to purchase Sun products? If yes, why? If you respond, I will post your responses on THESUNALSOSETS website. Regards, Robert Bolton December 5, 2003 I wrote Scott McNealy. Hi Scott, Attached is a Sun customer success story from Sun's website. It quotes Bill Boggess, Development Chief, Defense Manpower Data Center. As a Sun Microsystems stockholder, who is very concerned about the executive management of the company, I ask you 1. Did Sun get written DoD permission to quote a DoD official in a marketing document? If so, what US government official gave that permission and how did Sun obtain that permission? Can you state under penalty of perjury that Sun did not bribe any US government official or break any laws to obtain that permission? If Sun did not get permission, why is the company using the quote in a marketing document? 2. Do you agree that using the quote implies that DoD endorses Sun products? If not, why did Sun use the quote? 3. Do you condone the use of the quote in a Sun marketing document? If so, why? If not, what do you plan to do about it? I plan to ask DoD to investigate. If you respond, I will post your response on the www.thesunalsosets.com website. Sincerely, Robert Bolton December 16, 2003 I wrote Scott McNealy. Hi Scott, The Department of Commerce announced on December 15, 2003 that Sun Microsystems and its subsidiaries must pay $291,000 in fines for allegedly exporting computers to China and elsewhere for military purposes. For 24 civil violations, Sun will pay a $269,000 fine. Two Hong Kong- based subsidiaries, Sun Microsystems China Ltd. and Sun Microsystems California Ltd., will each pay $11,000. Sun settled the case without admitting or denying the allegations. As a stockholder and an American citizen, who is very concerned with your management and leadership of the company, I ask you the following questions. 1. If Sun is not guilty of the allegations, why did the company settle the case? 2. Considering the deaths caused by the terrorist activities of September 11, 2001 and the deaths of American soldiers and soldiers of our allies while fighting against terrorism and for freedom, what do you say to the families of those who paid the ultimate price and Sun was allegedly making money exporting computers in violation of our export laws? 3. Will Sun publicly apologize to the American people and other freedom-loving people for these acts? If not, why not? 4. Did these alleged acts negatively impact the security of the United States and its allies? If you respond, I will post your responses on THESUNALSOSETS website. Regards, Robert Bolton December 21, 2003 A lawsuit has been filed in California alleging that Sun Microsystems Inc. laid off thousands of American high-tech workers in order to replace them with younger, lower-paid engineers from India. If you feel you qualify for damages or remedies that might be awarded in this class action go to http://www.employmentlawyersite.com/class_action/sun.html. If you know anyone who might qualify, pass this information on to that person. January 2, 2004 I wrote the Sun Microsystems Board of Directors. OPEN LETTER TO THE SUN MICROSYSTEMS BOARD OF DIRECTORS Below is a summary of the stock price performance of Sun Microsystems, its major competitors, stock indices, other technology companies, and the Washington Redskins football team over the past two years. Sun Microsystems -63.66% COMPETITORS
Washington Redskins -37.50% This performance is unacceptable. In addition to terrible stock performance, there have been many examples of poor leadership resulting in class action lawsuits, fines by the US Department of Commerce, restating fiscal fourth quarter results - taking a $1.05 billion charge, misleading employees about stock options, and requests for investigations by several government agencies. You are probably asking yourself why I included the Washington Redskins in this letter. The parallels are striking with one exception. The performance of both Sun Microsystems and the Washington Redskins over the past two years has been horrendous. In both cases, the leadership has been very poor. The Washington Redskins coach was very successful as a college coach, but did not provide the leadership required to win at the professional (NFL) level. The CEO was very successful when Sun was a small to medium sized company. But, he lacks the leadership skills required to successfully lead Sun into battle against IBM, HP, and Microsoft. The difference is the Washington Redskins coach last week resigned for the good of the team, while the CEO of Sun has not resigned for the good of Sun. Speaking for myself and many other stockholders, I say it is time for the Board to remove the CEO and replace him with a "transforming" leader. Regards, Robert Bolton January 21, 2004 It is noteworthy to mention as a footnote to the OPEN LETTER dated January 2, 2004 that the Washington Redskins recently hired Joe Gibbs as their new head coach. Gibbs won 3 Super Bowls in the past. Hopefully, the Board of Directors will learn a lesson from the Washington Redskins. February 15, 2004 I wrote the Sun Microsystems Board of Directors. OPEN LETTER TO THE SUN MICROSYSTEMS BOARD OF DIRECTORS On January 2, 2004 I wrote you saying it is time for the Board to remove the CEO. This is a follow up letter with additional information for your consideration. Last week Fitch Ratings cut Sun Microsystems Inc. to a step above junk, and said the company could take longer than expected to return to sustained profitability. This is evidenced by the fact that the current EPS estimates are -0.03 this quarter, -0.14 this fiscal year, and -0.01 next fiscal year. If you do not remove Scott McNealy, you are not serving the best interest of Sun stockholders. As a concerned stockholder, I ask you, “how can you honestly look at yourself in the mirror and think Scott McNealy is the right person to lead Sun out of this morass?” We, the stockholders, in order to return Sun to sustained growth and profitability, do hereby request that you replace Scott McNealy with a “transforming” CEO. Regards, Robert Bolton February 24, 2004 OPEN LETTER TO SCOTT McNEALY Mr. McNealy, It has been reported that the indictment against Jeffrey Skilling included a deal known as Project Grayhawk. The project was designed to take advantage a planned increase in Enron stock from a January 2000 conference for stock analysts that featured Sun Microsystems Inc. Chief Executive Scott McNealy to give Enron "dot-com luster." As a stockholder, who is very disturbed with your management and leadership of the company, I ask you the following questions. 1. Who invited you to be the featured speaker? 2. Why did you agree to be the featured speaker at that conference? 3. Did Sun have a relationship with Enron prior to the conference? If so, what was the nature of that relationship? 4. Did you know Skilling prior to the conference? If so, how long and what was the nature of your relationship with Skiing? 5. Have you spoken with Skiing after the conference? If so, how many times, when, and what the nature of the conversations? 6. Have you applied any of the knowledge you learned at the conference to Sun’s business? If so, what? 7. Have you applied any of the knowledge you learned from Skilling to Sun’s business? If so, what? 8. Do you know Kenneth Lay? If so, how long and what was the nature of your relationship with Lay? 9. It has been reported you said, "the FASB, SEC and accountants have gone absolutely wacko on us. I'm a Stanford MBA, I went to most of my classes. I took accounting. I can't read annual reports, income statements and SEC filings any more. They are absolutely undecipherable." You also said, "if we laid that all out with strict cash accounting, and let the analysts do the analyzing and the investors do the guessing, and stop putting the CEOs and the accountants in charge of making judgments, we'd all be a lot better off." Were these statements motivated by government actions against Enron executives? Do you believe the Enron executives did nothing wrong? 10. On September 29, 2003 the AP reported that Sun Microsystems Inc. revised its fiscal fourth quarter results Monday, taking a $1.05 billion charge after realizing its first-quarter loss will be greater than expected. It is noteworthy that Sun stock price has increased significantly since then. Was the revision the result of anything you learned from the conference, Skilling, or Lay? 11. Do you have any comments about the conference, Skilling, or Lay? If you respond, I will post your responses on THESUNALSOSETS website. Sincerely, Robert Bolton February 25, 2004 Sun Microsystems Inc. announced that Pat Sueltz, head of the company's computer services business, was leaving the company to join closely held customer relationship management software firm Salesforce.com Inc. Sueltz joined Sun in 1999. This is a strange move considering her success in increasing Sun's services business and her statements about how she enjoyed working for the company. Salesforce.com's revenue rose to $51.0 million in 2003 from $22.4 million in 2002, and from $5.44 million in 2001. Salesforce.com is both a Sun partner and customer. But, it is noteworthy that Salesforce.com just announced a deal with IBM to create stronger ties between the two companies' products. Some questions that come to my mind are: 1. What is the real reason Sueltz is suddenly leaving Sun for a $51 million (possibly $100 million in 2004) company? 2. What will be the impact on Sun's services business? 3. Did Sueltz disapprove of McNealy leadership and disagree with many of his business practices? March 1, 2004 Following are quotes from Sun's Quarterly Reports filed in January and April 2000 that were brought to my attention: "Sun continues to capture market share as we set the agenda in the "dot com" era. There are lots of choices out there, and its becoming clear that Sun is being viewed as a "category" player in the networking space. Customers racing to "dot com" their businesses for competitive advantage seem to agree, as they vote with their pocketbooks and their commitment," said Scott McNealy, Chief Executive Officer of Sun Microsystems. "Our recently announced alliances with Lucent, Cisco, Enron, Vodaphone and Digital Island clearly indicate that Sun is one of the preeminent vendors providing products and services for the Internet age." McNealy added, "When you add up the breadth of announcements ranging from deals with Vodaphone, Enron and Palm Computing, to record unit volume and revenue for our server product line, you can see that our platforms and technologies are being deployed across a broad spectrum of applications." My questions are: 1. Sun had many customers to highlight. Why was Enron mentioned in both reports? 2. Was Enron considered by analysts a "dot com" company or was McNealy trying to help convince analysts that Enron was a "dot com" company? March 24, 2004 It has been reported that the European Union has proposed to fine Microsoft Corp. 497 million euros ($613.5 million) for abusing its dominance of PC operating systems. What does this mean for Sun? I am sure Scott McNealy is elated. But, the consensus among analysts and investors is it will not help Sun's business outlook. They indicate that this ruling does not address the root cause of Sun's most serious problems - market share loss to IBM, HP and Dell. April 1, 2004 For the second time in two years, Hewlett-Packard shareholders voted in favor of a proposal to require the company to expense the cost of stock options. Scott McNealy continues to speak out against expensing the cost of stock options. He continues to say that the overwhelming majority of the options are granted to employees, not executives. He was recently quoted saying "over 87 percent of Sun's options go to our non-executive employees." Ronald Reagan would probably say "there you go again." What do the Hewlett-Packard shareholders know that the Sun shareholders do not. Are the Sun shareholders and employees being deceived by McNealy? Are Sun employees really benefiting from these stock option grants to a much greater extent than Sun executives? Is McNealy telling the full story or is it an April Fool's joke? I will ask Sun. April 6, 2004 On April 2, 2004 Sun made the following announcements: - Settlement of the outstanding litigation against Microsoft The agreements involve payments of $700 million to Sun by Microsoft to resolve pending antitrust issues and $900 million to resolve patent issues. In addition, Sun and Microsoft have agreed to pay royalties for use of each other's technology, with Microsoft making an up-front payment of $350 million and Sun making payments when this technology is incorporated into its server products. - Reduction of Sun's workforce by approximately 3,300 people - Preliminary results for the third quarter ended March 28, 2004 to be approximately $2.65 billion. Net loss on a GAAP basis will be in the range of $750 million and $810 million, or a net loss per share range of $0.23 to $0.25. - The promotion of Jonathan Schwartz to President and Chief Operating Officer, effective immediately. See the editorial webpage for commentary on the announcements. April 10, 2004 Below is my letter to Sun regarding the earnings warning. Diane is a Sun spokesperson. Diane, On April 2, 2004, Sun Microsystems announced an earnings warning. The company said it expects revenue for the quarter ended March 28 to be approximately $2.65 billion. Net loss will be between $750 million and $810 million, or 23 cents to 25 cents per share. Analysts were projecting a loss of 3 cents a share on revenue of $2.85 billion. On February 27, 2004, Larry Singer, Sun's senior vice president, global market strategies said "today's report from IDC shows that the moves Sun has taken over the past year are starting to bear fruit," He added "we showed strong demand in both the high-end and the volume spaces, and gained market share quarter-to-quarter helping customers to both scale up and scale out. Our performance also validates Sun's multi-platform strategy of offering customers the choice of running the Solaris (TM) OS, Linux and Java technologies on UltraSPARC(R) or x86 systems." On May 29, 2001 - 31 days before the end of the quarter ending June 30, 2001, Sun issued an earnings warning. As a stockholder who is critical of the executive management of Sun, I am very concerned about whether stockholders were deceived. I have the following questions: 1. When did Sun realize that its quarterly earning would be considerably less than analysts were projecting and thus need to announce an earnings warning? 2. Was it before Larry Singer's statement on February 27, 2004? If yes, why did Singer issue the statement and did Scott McNealy have prior knowledge of Singer's statement? If no, what happened after February 27, 2004 to trigger the warning? 3. Considering the fact that Sun announced an earnings warning on May 29, 2001 - 31 days prior to the close of that quarter, why did Sun wait until the end of the quarter ending March 28 to announce this warning? 4. Was Sun trying to manipulate the stock market and deceive stockholders and potential stockholders by timing the earnings warning to coincide on the same day with the Microsoft settlement announcement? Was Scott McNealy aware of this announcement plan? Did he approve the plan? 5. Were the stockholders, who bought or sold Sun shares between when Sun should have issued an earnings warning and April 2, 2004, deceived and manipulated by Sun? Regards, Robert Bolton April 13, 2004 Analysts have been critical of Scott McNealy's choice of Jonathan Schwartz to be Sun's new president and chief operating officer. In a commentary titled Sun: A Choice That Won't Dispel The Clouds, Business Week examines this appointment. Schwartz admits that he does not have enough operational experience, but he does not see that as crucial. When questioned by the analysts McNealy said, "I have every confidence in [Schwartz's] ability to help us execute." As a Sun stockholder, my questions are: 1. Mr. Schwartz, what do you see as crucial? Is absolute loyalty to McNealy crucial? 2. Mr. McNealy, since Schwartz is replacing you, are you saying that you finally realized that Scott McNealy does not have the ability to help Sun execute? If so, how and when did that great revelation come you? When will you have a similar revelation about your ability to be CEO? April 15, 2004 I wrote Lynn Turner the following letter. OPEN LETTER TO LYNN E. TURNER, MEMBER OF THE SUN MICROSYSTEMS BOARD OF DIRECTORS Dear Mr. Turner: Your resume is very impressive. As I understand it, your experience has included being a partner in one of the major international accounting firms, a chief financial officer and executive in industry, the Chief Accountant of the Securities and Exchange Commission and currently a professor of accounting at Colorado State University and a member of the Board of Directors of Sun Microsystems. At Colorado State you are also Director of The Center for Quality Financial Reporting. At the SEC you served as the Chief Accountant. In that role, you were the principal advisor to the SEC Chairman and Commission on financial reporting and disclosure by public companies in the U.S. In an extraordinary speech at the Executive Ethics Forum at Gonzaga University on September 29, 2000, you said, "And how about names like Cendant, Livent, W.R.Grace, and others that you are no doubt familiar with. Names that have been highly respected in the past but today you are more likely to associate with press reports describing massive restatements and investor losses running into tens of billions." Later in that speech you said, "Some speakers before me have spoken of the need for leadership. That’s a great starting point. We need some fearless leaders who are willing to take action ensuring their own corporations have model codes of conduct and that they are more than written words. We need leaders who put the interests of their employees, customers, investors and the public first; leaders who deal with tough decisions with integrity and forthrightness." As a Sun stockholder, who is very critical of Scott McNealy's leadership, I ask you the following questions: 1. Why do you think you were put on the Sun Board of Directors? 2. What are your most significant accomplishments as a member of the Board? 3. Considering the timing of your appointment, have you ever thought that you might have been put on the Board to be a shill to decrease the chances of the SEC investigating Sun Microsystems? 4. In view of Sun's staggering losses the past three years and its $1.05B restatement in September, 2003, do you think that in the future McNealy will be included with names like "Cendant, Livent, W. R.Grace, and others?" 5. In view of Sun's $291,000 fine by the Department of Commerce for allegedly exporting computers to China and elsewhere for military purposes, do you think this is proof that McNealy is of one of those "fearless leaders who are willing to take action ensuring their own corporations have model codes of conduct and that they are more than written words?" 6. In view of policies and practices such as forced employee ranking and hiring H1B empoyees to replace older employees resulting in class action lawsuits, do you think this demonstrates that McNealy is one of those "leaders who put the interests of their employees...first?" You closed that speech by saying, "I believe that most of us are able to recognize the right path. Even when we choose the wrong path, I believe we know what we have done. The later rationalizations ring false not only with others, but with ourselves as well. We need the "spine" to choose right over wrong and need to create institutional structures to help us make those choices." 7. Can you proudly say "Scott McNealy has demonstrated that he is the leader that Sun needs at this time?" If yes, may I suggest that you go back and read your speech again. 8. Do you walk your talk? Do you have the "spine" to choose right over wrong? If no, why not? If you reply, I will publish your response together with this letter on my website. April 18, 2004 A confidential source informed me that a non-profit company has inferior Sun Microsystems systems installed, because allegedly Sun Microsystems provides its IT management receives free tickets to sporting events. As a stockholder, concerned about Sun's business practices under his leadership, I wrote Scott McNealy and asked for an investigation. I also wrote the CEO of the non-profit company and asked for an investigation. If you have any information regarding issues with Sun's business practices, please email me at webmaster@thesunalsosets.com with the details. April 19, 2004 Triggered by a reader comment, I wrote Lynn Turner another letter. ANOTHER OPEN LETTER TO LYNN E. TURNER, MEMBER OF THE SUN MICROSYSTEMS BOARD OF DIRECTORS Dear Mr. Turner: My website has received more feedback than usual from the open letter that I posted. One reader suggested that I should have mentioned and asked questions about the Abe Lincoln story you told. You told the following story. "Let me note a story about one of our country’s great leaders, President Abraham Lincoln. Abe Lincoln is supposed to have thrown a man out of his office after the man offered Abe a bribe. The bribe involved a substantial sum and Abe was really angry. His anger was directed at the man in question, but also at himself. He is reputed to have said, "Every man has his price and he was getting close to mine. Abe’s insight is worth remembering. None of us are immune to every offer of individual benefit. Unfortunately, unlike Lincoln, there are those who do not recognize that their price has been met until it is too late." As a concerned Sun stockholder, below are my questions: 1. Are you immune to an offer of individual benefit? 2. Is individual benefit more important to you than integrity, reputation, values, and stockholder trust? 3. Has your price been met? 4. Why have you not already taken action? Is it too late for you to take action? 5. As Abe did in your story, after reading Sun's earnings report last week, do you think it is finally time to throw the CEO out of the office? What do you think old Abe would do, if he were on the Board? You also said in that speech. “Most importantly, I have a grave concern that this emerging culture is creating an example that the youth of this nation is starting to follow.” 1. Are you creating an example for your students and the youth of this nation by the way you have handled your responsibilities as a member of the Sun Board? 2. Based on your record as a member of the Sun Board and Sun's financial results and business practices snafus, could you deliver that same speech to a group of students with your head unbowed even if bloodied my questions? Regards, Robert Bolton April 21, 2004 I wrote Scott McNealy. Scott, On April 14, 2004, I wrote you indicating that a confidential source informed me that a non-profit company has inferior Sun Microsystems systems installed, because allegedly Sun Microsystems provides its IT management with free tickets to sporting events. Also in that message to you, I asked for an investigation. After not receiving an acknowledgment of receipt of neither my message nor any other feedback from you or anyone else at Sun, on April 18, 2004, I wrote the CEO of the non-profit company and asked for an investigation. On April 21, 2004, the Senior Director, Compliance and Ethics for the non-profit company wrote me acknowledging receipt of my message and saying, "My office has opened an investigation, which I will personally oversee in coordination with Senior Investigator... I can assure you this matter will have our full attention, as we take allegations of this type very seriously." The Senior Investigator later spoke with me on the telephone to discuss any information I might have. I still have not received any response from you or anyone else at Sun. As a Sun stockholder, who is concerned about the company's business practices under your leadership, I ask you the following questions: 1. Can you assure Sun stockholders and Sun customers that you take allegations of this type very seriously? If yes, how have you demonstrated that you take allegations of this type very seriously? 2. Did you direct anyone to investigate this allegation? If no, why not? If yes, who was that person and what direction did you give? 3. Why have I still not received acknowledgment of my message to you? 4. If you and Sun take allegations of this type very seriously, why has no one at Sun contacted me to discuss what information I might have? Are you interested in investigating or covering up these types of allegations? 5. Does Sun have a written business policy or practice for handling the investigation of this type of allegation? If no, why not? If yes, have you followed that policy or practice? Have you set a good example of how Sun employees should handle this type of allegation? Do you think that the Sun Board of Directors should applaud the way you have handled this matter? If you reply to this message, I will post on my website. Regards, Robert Bolton cc Sun Board of Directors April 28, 2004 Several readers have suggested that publishing a self-assessment questionaire would be helpful in determining whether to talk to an attorney. 1. Did your layoff come as a surprise to you? 2. Did Sun management tell you why you being laid off and did you get it in writing? 3. Had you been told you were doing a good job? 4. Did you have a performance plan, which you had read, understood, and signed? 5. Did you have an appraisal based on that performance plan that you signed? 6. Did you agree with that appraisal? 7. Did your appraisal rating recently change? 8. Do you think you were a victim of forced ranking? 9. Do you think your job will be eliminated or you will be replaced? 10. Do you think you were a victim of age discrimination? 11. Do you think you were a victim of discrimination because of race, religion, sex, or national origin? 12. Do you think you were a victim of retaliation? If you have any other questions that you think should be added to this self-assessment questionaire, please send them to webmaster@thesunalsosets.com. April 30, 2004 Below is my letter to Sun regarding a $4 Million loan to Jonathan Schwartz. Diane is a Sun spokesperson. Diane, On August 9, 2002 Sun disclosed it had made $6.3 million dollars in personal loans to five executives and a member of its board of directors between 1999 and 2002. The loans were issued at interest rates as low as 2.73 percent. Jonathan Schwartz, at that time the company's executive vice president for software, got a $4 million loan to help him "in meeting certain obligations in connection with a margin loan". Eva Sage-Gavin, a senior vice president with Sun's global talent organization, received $500,000 to buy a home after she took the job with Sun. Sage-Gavin left Sun in early 2003. Patricia Sueltz, at that time executive vice president with the company's enterprise services group, got $850,000 to purchase a house. Sueltz recently left the company. Sun also loaned board member Robert Long $593,634 to assist him in exercising stock options that were due to expire. The loan has been fully repaid. Mark Canepa, executive vice president with Sun's network storage group, received $246,656 to help pay taxes on stocks. The loan also has been repaid in full. Masood Jabbar, former executive vice president of Sun's global Services operations, got a loan for about $86,000 to exercise stock options that were due to expire. That loan has been repaid. Charles Elson, director of the Center for Corporate Governance at The University of Delaware, said company loans to executives are "never a good idea." He added "It puts the company in a position of being a creditor and that's not an appropriate relationship. It puts the board in an awkward position because you are, in addition to an employer, a creditor. It throws a complication to the oversight role. You are not only concerned about performance, you're also concerned about being paid back." Referring to the $4 million loan to Schwartz, Elson said, "That's a lot of money. That's the kind of loan shareholders would object to." As a Sun stockholder, who is very concerned about the company’s business conduct under the leadership of Scott McNealy, I ask you (a spokesperson for Sun) the following questions. 1. Have all of the loans been repaid? If no, which ones have not been repaid? 2. Was the $4 million loan to Schwartz in the best interest of Sun’s shareholders? 3. Has the $4 million loan to Schwartz been repaid? 4. If the loan has not been repaid, how would Sun collect if Schwartz left the company? 5. If the loan has not been repaid and considering the concern of many analysts about Schwartz qualifications to be COO, can you state unequivocally that his recent promotion was not connected in any way to the loan? Regards, Robert Bolton May 11, 2004 I wrote Scott McNealy. Scott, On May 10, 2004, a story titled, THE UNPLEASANT ODYSSEY OF A SUN EMPLOYEE WHO WAS EXPOSED TO TOXIC MOLD, was published on the www.thesunalsosets.com website. As a stockholder, who is very concerned with your management and leadership of the company, I ask you the following questions. 1. Can you confirm or deny that Sun employees were exposed to toxic mold in a Sun owned, rented, or leased building? 2. How many Sun employees have been exposed to toxic mold in a Sun owned, rented, or leased building? 3. How many Sun owned, rented, or leased buildings have had toxic mold? 4. Was Sun responsible for this person's disability caused by problems with toxic molds in a Sun building? If Sun was not responsible, who was? 5. Why did it take nearly six months after the first notification for Sun to get a company to check the air ducts? 6. Were you aware of the toxic mold problems? If not, why not? 7. Does Sun have policies and procedures in place to ensure its employees are not exposed to toxic molds in Sun buildings? In the case of multiple employees becoming ill at a single location, what is Sun's policy for handling the situation and taking action to uncover any problems and rectify the situation? 8. Is Sun aware of other employees who suffer or have suffered disability caused by problems with toxic molds in a Sun building? What is Sun doing to address this issue? 9. Is it Sun's policy to layoff employees, who are out of work on disability? If so, what is the justification for this policy? Is it to cut cost? 10. Do you think it is particularly inhumane the way Sun treated this employee, since Sun was responsible for toxic molds problems that caused the disability? Does Sun care more about saving dollars than it does about its employees? 11. Can you verify at the risk of personal penalty that Sun has not violated any US Labor or other Employment related laws? Has the US Department of Labor or other government agencies conducted an investigation into Sun's employment practices? If so, when and what were their findings? 12. Can you verify at the risk of personal penalty that Sun has not violated any US or state environmental laws? 13. Is Sun at risk of lawsuits by employees with disabilities caused by problems with toxic molds in a Sun building? If you respond, I will post your response on THESUNALSOSETS website. Regards, Robert Bolton May 17, 2004 Below is my letter to Sun regarding SUN's ranking on the Barron's 500 list. Diane is a Sun spokesperson. Diane, In the May 17 edition Barron's published its annual 500 rankings, which measure how well the 500 biggest U.S. and Canadian companies have performed for investors. Sun Microsystems Inc. ranked last on the list. Barron's said its list is based on calculations that take into account stock-market performance relative to the Standard & Poor's 500 for the year ended April 30; median cash-flow return on investment (CFROI) for the latest three fiscal years, forecasted change in CFROI, and the company's revenue change. As a stockholder who is very critical of Scott McNealy's leadership of the company, I ask you, a spokesperson for the company, the following questions: 1. What is Sun's response to being ranked last? 2. Does the ranking reflect the leadership of Scott McNealy? If no, what does it reflect? Does it mean that Sun is just unlucky? 3. Considering the fact that Sun is terminating its bottom 10% performers, why shouldn't Scott McNealy be terminated, since he is the worse performing CEO of the Standard & Poor's 500 companies? If you respond, I will post your response on THESUNALSOSETS website. Regards, Robert Bolton May 29, 2004 Starting today, new updates will be on the More_Updates webpage. INSIDER TRADING ACTIVITY 29-Aug-03 MASTERS, CLARK H. Executive Vice President 39,937 Sale at $3.78 per share. $150,961 29-Aug-03 MASTERS, CLARK H. Officer 39,937 Planned Sale $150,9611 15-Aug-03 YEN, DAVID W. Executive Vice President 160,000 Option Exercise at $3.0235 per share. $483,760 4-Aug-03 MASTERS, JOANNE 13,455 Planned Sale $50,3211 4-Aug-03 MASTERS, CLARK H. Officer 23,255 Planned Sale $86,9731 4-Aug-03 MASTERS, CLARK H. Executive Vice President 13,455 Sale at $3.74 per share. $50,321 4-Aug-03 MASTERS, CLARK H. Executive Vice President 23,255 Sale at $3.74 per share. $86,973 17-Jun-03 MASTERS, CLARK H. Executive Vice President 8,403 Disposition (Non Open Market) at $5.262 per share. $44,216 30-May-03 DENHOLM, ROBYN M. Controller 828 Statement of Ownership N/A 15-May-03 YEN, DAVID W. Executive Vice President 134,596 Sale at $4.19 per share. $563,957 15-May-03 YEN, DAVID W. Officer 134,596 Planned Sale $563,9571 7-May-03 CANEPA, MARK A. Executive Vice President 5,017 Sale at $3.81 per share. $19,114 7-May-03 SCHWARTZ, JONATHAN I. Executive Vice President 213,307 Sale at $3.82 - $3.85 per share. $818,0002 28-Apr-03 MCNEALY, SCOTT G. Chairman 1,600,000 Sale at $3.28 - $3.3 per share. $5,264,0002 25-Apr-03 MCNEALLY, SCOTT GLENN TRUST Chief Executive Officer 320,000 Planned Sale $1,065,6001 25-Apr-03 MCNEALY, SCOTT & SUSAN FAMLY TR Chief Executive Officer 1,280,000 Planned Sale $4,262,4001 25-Apr-03 MCNEALY, SCOTT G. Chairman 1,600,000 Option Exercise at $0.8633 per share. $1,381,280 9-Apr-03 PETERSON, MARISSA Executive Vice President 9,600 Option Exercise at $1.0899 per share. $10,463 3-Apr-03 SAGE-GAVIN, EVA Former Officer 5,000 Planned Sale $17,6001 5-Feb-03 AGNELLO, WILLIAM T. Vice President 64,000 Planned Sale $198,4001 29-Jan-03 FISHER, ROBERT J. Director 640,000 Sale at $3.255 per share. $2,083,200 29-Jan-03 FISHER, ROBERT J. Director 640,000 Planned Sale $2,083,2001 27-Jan-03 TOLLIVER, MARK E. Officer 176,000 Sale at $3.329 per share. $585,904 27-Jan-03 TOLLIVER, MARK E. Officer 176,000 Planned Sale $585,9391 24-Jan-03 TOLLIVER, MARK E. Officer 176,000 Option Exercise at $1.043 per share. $183,568 14-Jan-03 MCCABE, EUGENE G. Senior Vice President 23,032 Statement of Ownership N/A 16-Dec-02 LEHMAN, MICHAEL E. Officer 112,000 Option Exercise at $3.125 per share. $350,000 13-Dec-02 PAPADOPOULOS, GREG M. Senior Vice President 8,793 Disposition (Non Open Market) at $3.37 per share. $29,632 10-Dec-02 CANEPA, MARK A. Officer 4,345 Disposition (Non Open Market) at $3.46 per share. $15,033 26-Nov-02 AGNELLO, WILLIAM T. Vice President 9,000 Sale at $3.809 per share. $34,281 26-Nov-02 AGNELLO, WILLIAM T. Vice President 9,000 Planned Sale $34,2811 7-Nov-02 LEHMAN, MICHAEL E. Director 102,484 Statement of Ownership N/A 4-Nov-02 OLIVER, CODY 10,000 Planned Sale $31,4001 30-Oct-02 STANFORD DEPT ATHLETICS 1,317 Planned Sale $3,6871 1-Oct-02 BARKER, KENNETH A. Controller 2,149 Statement of Ownership N/A 20-Aug-02 SCOTT, TRACY RICHARD 4,155 Planned Sale $16,7861 10-Aug-02 ANDREESSEN LIV TR 3,760 Planned Sale $14,2121 29-Jul-02 JOY, WILLIAM N. Officer 1,000,000 Purchase at $3.93 - $4.01 per share. $3,970,0002 26-Jul-02 MCNEALY FAM TR-SCOTT&S Chief Executive Officer 336,000 Planned Sale $1,256,6401 26-Jul-02 MCNEALY, SCOTT & SUSAN FAMLY TR Chairman 224,000 Planned Sale $837,7601 26-Jul-02 MCNEALY, SCOTT G. Chairman 560,000 Sale at $3.74 per share. $2,094,400 26-Jul-02 MCNEALY, SCOTT G. Chairman 960,000 Option Exercise at $0.882 per share. $846,720 25-Jul-02 SAGE-GAVIN, EVA Officer 10,000 Statement of Ownership N/A 24-Jul-02 LONG, ROBERT L. Director 50,000 Disposition (Non Open Market) N/A 23-Jul-02 LONG, ROBERT L. Director 50,000 Disposition (Non Open Market) N/A 23-Jul-02 LONG, ROBERT L. Director 50,000 Acquisition (Non Open Market) N/A 18-Jul-02 YOUNGJOHNS, ROBERT H. Officer 75,273 Statement of Ownership N/A 1-Jul-02 KNOX, NEIL A. Officer 14,398 Statement of Ownership N/A 1-Jul-02 YEN, DAVID W. Officer 188,210 Statement of Ownership N/A 1-Jul-02 MASTERS, CLARK H. Executive Vice President 49,267 Statement of Ownership N/A 1-Jul-02 MCGOWAN, STEPHEN T. Chief Financial Officer 18,426 Statement of Ownership N/A 3-Jun-02 LINEBERRY, STEPHEN W. Private or Shareholder 44,674 Planned Sale $307,8031 30-May-02 SELIGMAN, NAOMI O. Director 10,000 Purchase at $6.69 per share. $66,900 9-May-02 MCNEALY, SCOTT G. Chairman 5,804 Acquisition (Non Open Market) N/A 1-Apr-02 CROLL, JOHN D. Senior Vice President 6,184 Statement of Ownership N/A 25-Mar-02 1775 VENTURES 6,925 Planned Sale $60,0001 15-Mar-02 ANDREESSEN 1996 LIVING TR 17,313 Planned Sale $153,0001 12-Mar-02 FREED, N&MCDONALD, T.TTEE00 Employee 30,000 Planned Sale $292,8001 12-Mar-02 JOHNSTON, C. & T. CRT (CJ) 27,708 Planned Sale $270,4301 12-Mar-02 FREED, NED & TAMARA M. Employee 30,000 Planned Sale $292,8001 27-Feb-02 SCHWARTZ, JONATHAN I. Officer 31,327 Sale at $9.10 - $9.11 per share. $285,0002 27-Feb-02 SCHWARTZ, JONATHAN Officer 31,317 Planned Sale $284,9851 4-Feb-023 LONG, ROBERT L. Director 43,364 Sale at $9.97 - $10.6 per share. $446,0002 29-Jan-02 CANEPA, MARK A. Officer 34,000 Option Exercise at $3.617 - $9.984 per share. N/A 29-Jan-02 CANEPA, MARK Officer 34,000 Planned Sale $363,3201 25-Jan-02 LINEBERRY, STEPHEN W. Private or Shareholder 10,000 Planned Sale $111,6001 25-Jan-02 LONG, ROBERT L. Director 93,364 Planned Sale $1,052,2121 31-Jan-023 LONG, ROBERT L. Director 50,000 Sale at $10.71 - $11.34 per share. $551,0002 29-Jan-023 CANEPA, MARK A. Officer 46,000 Sale at $10.685 - $11.5 per share. $510,0002 24-Jan-02 MCNEALY, S&S FMLY TR 94 Chairman 576,000 Planned Sale $6,480,0001 24-Jan-02 MCNEALY, SCOTT & SUSAN FAMLY TR Chairman 384,000 Planned Sale $4,362,2401 24-Jan-02 CANEPA, MARK Officer 12,000 Planned Sale $136,3201 24-Jan-02 MCNEALY, SCOTT IRR TR (P.I.) 90,000 Planned Sale $1,012,5001 24-Jan-02 MCNEALY, SCOTT G. Chairman 960,000 Sale at $11.25 per share. $10,800,000 24-Jan-02 MCNEALY, SCOTT G. Chairman 960,000 Option Exercise at $0.882 per share. $846,720 23-Jan-02 MCDONALD, SCOTT Employee 27,990 Planned Sale $377,0001 15-Jan-02 FISHER, ROBERT J. Director 160,000 Option Exercise at $3.968 per share. $634,880 30-Nov-01 HAMBLY, LAWRENCE W. President 1,519 Acquisition (Non Open Market) N/A 30-Nov-01 HAMBLY, LAWRENCE W. President 1,519 Disposition (Non Open Market) N/A 14-Nov-01 FREED, N&MCDONALD, T.TTEE00 Employee 30,000 Planned Sale $396,6001 14-Nov-01 JOHNSTON, CLYDE TTEE 30,108 Planned Sale $395,3181 12-Nov-01 LONG, ROBERT L. Director 95,000 Option Exercise at $3.617 per share. $343,615 9-Nov-01 DOERR, L. JOHN Director 160,000 Option Exercise at $3.617 per share. $578,720 8-Nov-01 BARKSDALE, JAMES L. Director 10,000 Acquisition (Non Open Market) at $13.62 per share. $136,200 7-Nov-01 JABBAR, MASOOD A. President 17,696 Option Exercise at $0.742 per share. $13,130 10-Oct-01 KASHTAN, DAVID Private or Shareholder 1,402 Planned Sale $12,6321 |
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