04.10.07

Gemini version available ♊︎

Novell and Microsoft E-mails: More Blasts from the Past

Posted in Courtroom, Deception, Law, Microsoft, Novell at 11:49 pm by Dr. Roy Schestowitz

As you may recall, the Comes vs Microsoft lawsuit never truly ended. This class-action case, which took place in Iowa, reached a settlement last year. The terms of the agreements were never disclosed and the Web site which contained court exhibits was immediately shut down. Reminds you of anything? It just might.

In May 2004, Judge J. Frederick Motz ordered Microsoft to investigate Burst.com’s claim that, in 2000, Allchin ordered Microsoft employees to destroy email after 30 days and not to archive their email, suggesting that this deletion policy might be an effort to eliminate material that would later be damaging in court. This case was settled out of court in March 2005, with Microsoft agreeing to pay Burst.com $60 million for nonexclusive rights to Burst.com’s media player software.

Why is Microsoft so afraid of E-mail retention? Read on.

The heap of antitrust exhibits remains largely unexplored. However, it is available in torrent form and it has even earned a home in a few mirrors. I took some time to fetch a couple of interesting E-mails which involve Novell and Microsoft. Judge for yourselves, based on Exhibit PX02839 [PDF].

[Microsoft:] “Company [Novell] will adhere to the following user interface guidelines: If the user interface is HTML based, Internet Explorer 4.0 must be set as the default browser… If the application is written in Java, the Microsoft Virtual Machine for Java will be the default VM, and AFC will be used for UI elements.”

For context, Microsoft sought to extend Java the ‘Microsoft way’. It also viciously fought Netscape, as the following video shows. Let it just remind you.

Finally, here is another nugget of information, from Exhibit PX02350 [PDF].

[Novell:] “It should be noted that these bugs, for the most part, are not problems with our software (the Win95 bugs are problems we addressed with Microsoft which they refused to fix).”

Microsoft refusing to fix bugs and leaving the burden for others to cope with? It is almost as severe as technical sabotage, which can be demonstrated using some other E-mails and memos (even Novell was a victim). It does make you wonder, does it not? Perhaps Novell should rethink its relationship with Microsoft.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

3 Comments

  1. gpl1 said,

    June 19, 2007 at 10:10 am

    Gravatar

    Roxann Conlin talked about how she believes spoliation (destruction of evidence) took place in Comes v. Microsoft and other Microsoft antitrust cases (some still ongoing):


    Once a company is sued or thinks it

    18 might get sued, if there’s a reasonable

    19 likelihood that it’s going to get sued, it

    20 needs to stop destroying documents and keep

    21 ones that are relevant to the lawsuit.

    22 You can see how this makes sense. If

    23 there wasn’t such a rule, parties would have an

    24 incentive to destroy or lose evidence that

    25 could hurt them at a trial.

    ….

    8 For some important topics and for some

    9 important people and for some important events,

    10 there are few, if any, E-mails.

    11 For many of these important topics and

    12 events, there should be many documents, and

    13 there are not.

    14 For some key people at Microsoft

    15 deeply involved in various things that are of

    16 importance, there are very few documents.

    17 We will prove that executives at the

    18 highest level of Microsoft intentionally

    19 destroyed evidence relevant to the claims in

    20 this case.

    ….

    1 All of the documents that were

    2 produced, or should have been produced, in the

    3 government cases and in some other cases such

    4 as the DRI and Netscape, Sun, they were also

    5 supposed to be given to us in this case. The

    6 conduct at issue in those cases is at issue in

    7 this case.

    ….
    9 Steve Ballmer, Microsoft’s CEO,

    10 deletes both incoming and outgoing E-mail.

    11 Several months after Microsoft filed a

    12 trademark lawsuit, Microsoft filed a lawsuit

    13 against the manufacturer of a competing

    14 operating system called Lindows.

    15 Mr. Ballmer engages in an E-mail

    16 discussion with Bill Gates about the Lindows

    17 operating system and also receives an E-mail

    18 from Mr. Allchin about the competing product of

    19 all the E-mails he has sent and received.

    20 He has a total of about 35 left on his

    21 computer on the date of his deposition in this

    22 Lindows case, but none of them are about

    23 Lindows.
    ….
    7 You will see that E-mails are

    8 deliberately and permanently erased from Bill

    9 Gates’ computer. Deleting E-mails is quite

    10 literally in the job description of Mr. Gates’

    11 technical assistant.

    Also, here’s another site that has some descriptions of some things from Comes, which can be a little easier to dive through: http://www.os2site.com/sw/info/comes/index.html “OS2 Site – Info – Comes Vs Microsoft”

  2. gpl1 said,

    June 19, 2007 at 10:11 am

    Gravatar

    Forgot to mention the document name for that Comes document: VolumeXIV-December82006.txt

  3. Roy Schestowitz said,

    June 19, 2007 at 6:50 pm

    Gravatar

    Have a look at Wikipedia. A lot has been said about the habit of deleting mail, which says a lot about ethics.

    “In May 2004, Judge J. Frederick Motz ordered Microsoft to investigate Burst.com’s claim that, in 2000, Allchin ordered Microsoft employees to destroy email after 30 days and not to archive their email, suggesting that this deletion policy might be an effort to eliminate material that would later be damaging in court. This case was settled out of court in March 2005, with Microsoft agreeing to pay Burst.com $60 million for nonexclusive rights to Burst.com’s media player software.”

    http://en.wikipedia.org/wiki/Jim_Allchin

    I have had other long discussions about this and there is further evidence that employees are forced (as a matter of policy) to delete mail or have it deleted unless they keep it apart from their main boxes.

DecorWhat Else is New


  1. Links 27/9/2021: OpenSSH 8.8, Martine OS 2.0 and Airyx 0.2.2 Reviewed

    Links for the day



  2. GNU Turns 38 (Midday Today or 12:35:59 EST) and RMS Talks to Polish Medical Professionals This Evening

    Today GNU turns 38. Last week over 5,000 people watched the RMS talk in Ukraine using our WebM version of it; in a few hours RMS will speak in Poland and we’ll try to find a stream if one becomes available (we shall update this page).



  3. IRC Proceedings: Sunday, September 26, 2021

    IRC logs for Sunday, September 26, 2021



  4. Links 27/9/2021: Librem 14 Reviewed, Linux 5.15 RC3 is Out

    Links for the day



  5. Links 26/9/2021: GNU Wget2 2.0.0 and MenuLibre 2.2.3 Released

    Links for the day



  6. How Basic Laws and Fundamental Rights Got Crushed in the European Patent Office

    Our next series will show the sheer hypocrisy of the EPO, hiding behind the veil of (patent) law while so shamelessly violating just about every law in the books without facing any form of accountability



  7. Regrettable Acts of Self-Harm: OpenMandriva and Mozilla Being Outsourced to Microsoft Proprietary Software and Monopoly

    In another blow to software freedom, OpenMandriva and Mozilla decide to abandon their own systems and use proprietary software from Microsoft instead



  8. Links 26/9/2021: Mozilla Spends on PR, OpenMandriva Outsourcing to Microsoft

    Links for the day



  9. IRC Proceedings: Saturday, September 25, 2021

    IRC logs for Saturday, September 25, 2021



  10. Links 25/9/2021: GNU/Linux Recognition in Mainstream Media and Wine-Staging 6.18

    Links for the day



  11. Reminder: GNU Turns 38 This Monday Around Midday (When GNU's Founder Gives Talk in Poland)

    With media and Torvalds speaking again about anniversaries (this has gone on for the past week because Torvalds wrote about it yet again), it is important to recall the announcement that got the ball rolling and basically started it all (the GNU/Linux operating system) because it was in 1983, not 1991. We reproduce in full the announcement.



  12. Links 25/9/2021: Wine 6.18 and Chromium Complier Woes

    Links for the day



  13. [Meme] When the EPO Watches Everything ('Dissidents', Media, Etc.) and Isn't Being Watched by Anybody

    The EPO is taking Europe for a wild ride; Everything is a vehicle for the very same agenda, with nobody left to hold it accountable or ask any tough questions… (even the media is in the EPO’s back pocket or back seat)



  14. Virtual Oversight

    “eMeetings” that simulate an impression of oversight are like ‘ViCo’ to simulate access to justice; will that ever change and will oversight be restored at EPOnia, Europe’s second-largest institution?



  15. The Corporate Coup Against the Soul of the Free Software Community Is Not Over

    The erosion of community role in the development of GNU/Linux is a growing problem; part of the problem is that large corporations target technical and philosophical (perceived) leaders in coordinated smear campaigns, led by media they own



  16. IRC Proceedings: Friday, September 24, 2021

    IRC logs for Friday, September 24, 2021



  17. Links 24/9/2021: GNU Coreutils 9.0, BattlEye GNU/Linux Support

    Links for the day



  18. [Meme] 'Linux' Foundation is Greenwashing Microsoft Again, Misusing the Linux Brand Like Nobody's Business

    Microsoft has weaponised the Linux brand to dub a toxic company like itself (helping notoriously polluting companies and generating lots of waste, both directly and through planned obsolescence, inefficient software, DRM, etc.) as "green"



  19. Richard Stallman to Speak (in Person) in Poland, Dedicate the Talk to Medical Professionals

    Days after his talk in Ukraine Richard Stallman plans to do the same in Poland (just announced)



  20. Links 24/9/2021: 30 Years of Europe’s First Root Name Server, Repairability of Laptops Discussed

    Links for the day



  21. ZDNet Has Failed

    ZDNet is on the decline and its demise appears to have greatly accelerated in recent months; we take a quick look at this month's coverage and explain the conflict of interest (it's PR, not news, and it's far too shallow/blatant to simply overlook)



  22. [Meme] Some People Are Just Above the Law

    A lot of people are still flabbergasted or at least baffled/miffed to discover that some people are in effect above the law; not even Europol and Interpol can apprehend and hold them accountable; that needs to change. Had Benoît Battistelli worked for France Télécom S.A. (not the EPO), would he be arrested? What about António Campinos and his drunk son?



  23. NPR and PBS, Both Funded by Bill Gates, Try to Save Him

    Bill Gates continues to corrupt the media and corrupt social control media (such as Twitter) using his money



  24. The EPO Must Forsake Its Diplomatic Immunity and Quit Pretending It's About Patent Law (or Any Law)

    There's no sign of the EPO actually trying to obey the law and correct the mistakes of the past; to make matters worse, the existing administration adds yet more corruption to an already-massive pile while dismissing any form of oversight



  25. IRC Proceedings: Thursday, September 23, 2021

    IRC logs for Thursday, September 23, 2021



  26. Links 24/9/2021: Ubuntu 21.10 Beta, Istio 1.11.3, and More Milestones for Steam Deck

    Links for the day



  27. [Meme] President Campinos Addresses the Legacy of Battistelli's “Strike Regulations”

    A sequence of four EPO memes about those infamous and unlawful “strike regulations” that Benoît Battistelli and António Campinos have exploited to abuse thousands of workers



  28. [Meme] Bill Gates Keeps Digging Himself Deeper in the Grave Each Time He Speaks

    These sorts of ‘interviews’ with Gates’ own propaganda mills (he also pays Twitter now) aren’t going to improve his image; people aren’t infinitely gullible (Source)



  29. Linux Foundation and Other 'Diploma Mills' Say There's Demand for Their Products in Their New 'Research' (Marketing)

    The so-called ‘Linux’ Foundation (LF), together with edX, are basically marketing their services and products, but this is disguised as 'research' (a false narrative widely parroted by shallow and paid-for media partners of theirs), piggybacking brands like “Linux” and buzzwords like “Open Source” (even when they promote proprietary things, e.g. memorisation of proprietary GUIs)



  30. [Meme] The EPO's Carte Blanche and 'Diplomatic Immunity' Card

    EPO staff is being taken for another ride by António Campinos and his cohorts, whose popularity among staff has likely gone down to sub-zero levels already (even faster than Benoît Battistelli)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts