EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

09.07.08

Novell Received “Tens of Millions of Dollars” from Microsoft/Caldera Settlement

Posted in Finance, Fraud, GNU/Linux, Law, Microsoft, Novell, SCO at 3:31 pm by Dr. Roy Schestowitz

Novell blinded by money

Image from Wikimedia

Two weeks ago we wrote about Caldera evidence which Microsoft had destroyed. It was part of a settlement. Well, purely by coincidence it was only yesterday that Groklaw found and published details about this mysterious settlement. It has a lot to do with Novell and Pamela has the details.

[I]t is its theory, which it wants to do discovery to demonstrate, that Novell sold all its antitrust claims to Caldera, and that would kill off the two remaining claims Novell has brought against Microsoft in the antitrust case. Microsoft, not satisfied with what Novell produced or its reasons for refusing to produce some documents, brought a Motion to Compel Discovery [PDF] [Memorandum in Support (PDF)], and it has just been granted [PDF].

In Novell’s opposition [PDF] to the motion, it attached some exhibits, one of which is the settlement agreement [PDF] in the Caldera v. Microsoft litigation, as Exhibit K.

Finally, we get to read it, all except the exact figure that Microsoft paid to Caldera. But Microsoft does say, in the memorandum in support, on page 9, that Novell got “tens of millions of dollars” from the settlement, and a transcript [PDF] of a hearing in the Caldera litigation hints strongly, on page 9, that Novell contracted to get 20% of any recovery, so you can get an idea of how large the settlement figure was that Canopy received. I know some of you have wondered if that success inspired Caldera to sue IBM to try to get lightning to strike twice. The exhibits are where all the history comes out.

For example, we get to see Microsoft’s 1997 subpoena [PDF] to Novell in the Caldera case. And we find pieces of the APA between Caldera and Novell quoted here and there, although the document itself is under seal, I gather.

[...]

Thorough. You can see Microsoft wished to have this brought to a full stop, with nothing to rise from the dead in the future. The very muted press release announcing the settlement, but giving absolutely no details about it, is on page 12.

For background, readers might want to return to this recent post. The short story: Microsoft is repeating its pattern of destroying damaging evidence so as to avoid future action against its corruption. Those wanting to see similar examples would also appreciate some of Novell's own share of scandals.

Microsoft’s securities fraud might have it toppled just like Enron one day. But the relationships with the Bush administration has stood in the way of proper scrutiny. Remember: Microsoft is claimed to have lost $18 billion in 1998. It just plays financial games with assets that it may not really have. More details have been made available on this subject, courtesy of Bill Parish.

Bill Gates has publicly said that this is his favorite publication on finance and economics. It is also generally believed to be the leading such publication in the world. In an 8/7/99 cover story, The Economist noted that a proper accounting at Microsoft would result in a loss of $18 billion for 1998 rather than the reported earnings of $4.5 billion. If you are not an accountant, don’t waste the time pretending you are, trust The Economist, the earnings are not real. Don’t let yourself be intimidated or deceived by financial analysts, TV commentators, bullies on Internet forums or Microsoft’s elaborate public relations campaign. Bill Gates trusts The Economist and you should too. Abbey Joseph Cohen and Rick Sherlund of Goldman Sachs have been sent this material numerous times over a 9 month period and neither has publicly divulged this situation.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Microsoft Windows Unsafe at Any Speed, by Design

    More timely reminders that Windows is simply not designed to be secure, irrespective of version, status of patching, etc.



  2. After Moonlight Dies and Even Microsoft Abandons Silverlight, the Abusive Monopolist Keeps Pushing for Other Microsoft Lock-in, Injecting OOXML Traps Into Free Software (Moodle)

    Despite a long history of Microsoft formats being proven guarantee of digital obsolescence, Moodle allows itself to become Microsoft prey and a Trojan horse for OOXML in classrooms (for children)



  3. Links 4/7/2015: Mostly (Geo)Political Catchup

    Links for the day



  4. Links 3/7/2015: KDE Applications 15.04.3, Ubuntu-Flavored Compute Stick

    Links for the day



  5. Patent Lawyers and Their Firms, Still Desperate to Protect the Status Quo, Manipulate the Media

    Patent lawyers are besieged by gradual tightening of patent scope and recklessly fight back (e.g. by saturating the media) to secure their revenue sources, derived from (and at the expense of) actual scientists and true market producers



  6. Amid Controversy, Political Scrutiny and Increased Media Pressure Željko Topić and Benoît Battistelli Allegedly Cancel Today's Trip to Zagreb (Croatia) Where Topić Faces Many Criminal Charges

    The Croatian press comments on the recent declaration from the Council of Europe and Topić's not-so-sterling status in his home country, where he is wanted for alleged crimes



  7. Microsoft Gradually Embraces, Extends, Extinguishes Linux Foundation as a Foundation of GNU/Linux

    By liaising with (or hijacking) existing members of the Linux Foundation, as well as by paying the Linux Foundation, Microsoft turns the Linux Foundation into somewhat of a Windows advocacy group



  8. Microsoft India Still Lobbies and Lies About Free Software in Order to Knock Down Policy That Favours Free Software

    Microsoft continues to bully Indian politicians who merely 'dare' to prefer software that India can modify, maintain, extend, audit, etc.



  9. Patent Lawyers and Corporate Media Nervous About New Patents Barrier/Reality (Less Patents on Software and Business Methods)

    The rich and the powerful, as well as their lawyers (whose job is to protect their money and power by means of government-enforced monopoly), carry on whining after the Alice case, in which many abstract patents were essentially ruled -- by extension -- invalid



  10. Translation of Pierre-Yves Le Borgn' Speech Against EPO Management and New Parliamentarian Interventions

    More political fire targeting the EPO's management, adding up to over 100 parliamentarians by now



  11. Links 2/7/2015: KDE Plasma 5.3.2, antiX 15

    Links for the day



  12. Links 1/7/2015: OpenDaylight Lithium, OpenMandriva Lx 2014.2

    Links for the day



  13. Munich Press, Münchner Merkur, Slams the Munich-based EPO

    Pressure on Benoît Battistelli to leave (or be fired) grows as the cronies whom he filled his office with have become a huge public embarrassment to the decades-old European Patent Office



  14. The Shameless Campaign to Paint/Portray Free Software as Inherently Insecure, Using Brands, Logos, and Excessive, Selective Press Coverage

    Some more FUD from firms such as Sonatype, which hope to make money by making people scared of Free/libre software



  15. National Insecurity and Blackmail, Courtesy of Microsoft

    British members of parliament (MPs) outsourced their communication to the number one PRISM company and they are paying the price for it; The US Navy's systems continue to be unbelievably insecure (Windows XP), despite access to the world's biggest nuclear arsenal



  16. Microsoft Keeps Shrinking

    As the era of shrink-wrapped software comes to an end so does Microsoft, whose effort to become a 'cloud' company with online operations has been miserable at best



  17. They 'R' Coming: More Microsoft Money for the Linux Foundation

    The problem with having Microsoft in a Linux Foundation initiative, the R Consortium



  18. Speculations About the EPO's Possible Role in DDOS Attacks

    Readers' views on who might be behind the attacks on this site amid confirmation that it's on the 'targets' list of the EPO



  19. Links 30/6/2015: Linux Mint 17.2, OpenMandriva

    Links for the day



  20. Techrights Confirmed as a Target of EPO Surveillance, With Help From Control Risks Group (CRG)

    Unveiling the cloak of secrecy from long-term surveillance by the European Patent Office (EPO) and a London-based mercenary it hired, bypassing the law



  21. Google's Fight to Keep APIs Free is Lost, Let's Hope Google Continues Fighting

    SCOTUS refuses to rule that APIs cannot be considered copyright-'protected', despite common sense and despite Java (which the case is about) being Free/libre software



  22. Patent Trolls in the Post-Alice World

    A round-up of news about patent trolls in the United States, some of whom are are doing well and some of them not as well



  23. DDOS Attacks Against Techrights

    Information about some of the most recent DDOS attacks against this Web site and the steps to be taken next



  24. The Patent System Not What it Used to be, Large Corporations and Patent Lawyers the Principal Beneficiaries

    A look at some recent patent stories and what can be deduced from them, based on statistics and trends



  25. After Intervention by the Council of Europe Comes a Detailed Summary of the Situation in the European Patent Office (EPO)





  26. IRC Proceedings: May 31st - June 27th, 2015

    Many IRC logs



  27. Links 28/6/2015: Manjaro Linux Cinnamon 0.8.13, VectorLinux 7.1

    Links for the day



  28. Williamson v. Citrix Online (at CAFC) Reinforces Alice v. CLS Bank (at SCOTUS) in Crushing Software Patents

    More patent news from the United States, again serving to indicate that software patents over there are getting weak (harder to defend in court or acquire from the patent office)



  29. Proskauer Rose LLP is Cherry-Picking Cases to Make Software Patents Seem Eligible Despite Alice v. CLS Bank

    Naming and shaming those who are trying to reshape the consensus despite a rather consistent pattern of software patents being rejected



  30. IAM Biased: How IAM 'Magazine' Glorifies Patent Stockpiling

    A look at the bias of one of the most overzealous sites for and by patent lawyers


CoPilotCo

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

CoPilotCo

Recent Posts