10.20.11

Gemini version available ♊︎

Novell’s Case Against Microsoft Unrelated to ‘Microvell’ and ‘AttachMSFT’

Posted in Antitrust, Bill Gates, Courtroom, Microsoft, Novell at 1:43 pm by Dr. Roy Schestowitz

It’s all about Noorda’s Novell, not Ballmer’s and Hovsepian’s ‘new’ Novell

Ray Noorda
Ray Noorda, who died three weeks before Novell became partly Microsoft controlled

Summary: Clarifications about the Novell vs. Microsoft case and what it’s really all about (or who it really involves)

A FEW days ago we wrote about antitrust cases and about Novell's case against Microsoft in particular. It is not about today’s Novell, but about Noorda’s Novell. Noorda died almost exactly 5 years ago, leaving a legacy that teaches what a corrupt company Microsoft really is (we have some court exhibits in our wiki). It’s about a different Novell that existed long ago and was run under completely different reign/leadership. The Novell of the past 5 years was run jointly by Microsoft and now by Attachmate, which is a top partner of Microsoft (apropos, watch some Novell-related videos from Attachmate’s BrainShare [1, 2, 3, 4, 5] and some about Groupwise, such as this new one).

SUSE has been decoupled from Novell and it is doing its own rituals, pretending that SUSE itself is not in Microsoft’s pockets (even though it is, especially since July) and it’s no wonder that there are delays. The project has been suffering delays for quite some time and even frequency of releases got lowered a couple of years ago. It is not looking too good. OpenSUSE only matters for marketing purposes. It makes Microsoft's GNU/Linux distribution be portrayed as "open" and "community-driven". But moving on a bit, it seems as though Mr. Gates will have to leave his PR/lobbying/investment operations for a day or two to explain/justify his crime to the courts. As Pogson puts it: “Remembering the past should help us avoid a repetition. We shall see whether or not the message was learned. It seems the old “partners” of M$ are continuing to go along. It will take the new power houses of Google and Android/Linux to finish the battle between good and evil in IT.” He also wrote about “harassing customers” of Android, which is something we addressed the other day.

A lot of the coverage of the case against Microsoft comes from Pamela Jones, who is very familiar with this case. So aside from the continued focus on the Oracle vs. Google case and analysis of patent trolls from Professor Webbink (who already highlighted the connection to Intellectual Ventures, Microsoft’s patent troll), Groklaw covers the Novell case in two parts (so far). Pogson remarks on Gates’ role while Jones writes:

Today was the first day of the trial in Novell v. Microsoft, the antitrust trial over WordPerfect and Quattro Pro. Novell won the right to this trial on appeal. The US Court of Appeals for the Fourth Circuit reversed Judge J. Frederick Motz’s ruling [PDF] on summary judgment in favor of Microsoft, basically on a technicality, and so it’s back to Utah they had to go, but with Judge Motz, who is a judge in US District Court in Maryland, where the case had been transferred from Utah, commuting to Utah to stay in charge of the case.

The case matters, because normally Microsoft settles antitrust litigation either before they go to trial or early in the trial, and frankly, I wouldn’t be surprised if that happened again.

Our own Chris Brown attended for us today. He says that mainly today was about picking the jury. They sat 12 jurors, out of 45 prospective jurors, just in case. In Utah, where this trial is happening, the judge explained, you only need 6 jurors for civil trials, but things happen, and rather than run out of jurors, they picked double the amount, and he says the judge said all of them would participate if they all make it to the end of the trial. They were then released until the morning, 8:30 AM promptly, and the lawyers then argued about whether the Findings of Fact from the US government’s antitrust trial against Microsoft should be called Findings of Fact or just Findings.

This trial will be interesting to watch, but it is not related to the same Novell we were boycotting, the Novell which was a Microsoft ally rather than a foe. The ‘old Novell’ died just weeks after Noorda had died. The ‘new’ Novell needs to die because it is actively helping Microsoft promote Linux tax, promote .NET, promote OOXML, and so on. It ought to be noted that Novell's role in the SCO case also predates Ballmer’s and Hovsepian’s leadership at Novell.

“Now [Novell is] little better than a branch of Microsoft”

LinuxToday Managing Editor

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.

DecorWhat Else is New


  1. Microsoft Thought Police

    Reprinted with permission from Ryan



  2. Links 08/02/2023: GNOME Smoother Scrolling of Text Views

    Links for the day



  3. Links 08/02/2023: Transmission 4.0.0 Released and Mass Layoffs at Zoom

    Links for the day



  4. IRC Proceedings: Tuesday, February 07, 2023

    IRC logs for Tuesday, February 07, 2023



  5. When the Pension Vanishes

    Today we commenced a multi-part mini-series about pensions and what happens when they suddenly vanish and nobody is willing to explain where all the money went



  6. Sirius 'Open Source' Pensiongate: An Introduction

    The Sirius ‘Open Source’ series continues in the form of a mini-series about pensions; it’s part of an ongoing investigation of a deep mystery that impacts people who left the company quite a long time ago and some of the lessons herein are applicable to any worker with a pension (at times of financial uncertainties)



  7. Links 07/02/2023: Endless OS 5.0 and Voice.AI GPL Violations

    Links for the day



  8. No Doubt Microsoft Unleashed Another 'Tay', Spreading Bigotry Under the Guise of Hey Hi (AI)

    Reprinted with permission from Ryan



  9. Links 07/02/2023: Fedora 39 Development Plans Outlines

    Links for the day



  10. IRC Proceedings: Monday, February 06, 2023

    IRC logs for Monday, February 06, 2023



  11. Links 06/02/2023: Escuelas Linux 8.0 and Many Political Issues

    Links for the day



  12. Links 06/02/2023: Sparky 6.6 and IPFire 2.27 – Core Update 173

    Links for the day



  13. Taking Back Control or Seizing Autonomy Over the News Cycle (Informing People, Culling the Marketing)





  14. Reality Versus Fiction: EPO Insiders Versus EPO Web Site and UPC 'Churnalists'

    The "official" sources of the European Patent Office (EPO), as well as the sedated "media" that the EPO is bribing for further bias, cannot tell the truth about this very large institution; for proper examination of Europe's largest patent office one must pursue the interpretation by longtime veterans and insiders, who are increasingly upset and abused (they're being pressured to grant patents in violation of the charter of the EPO)



  15. Links 06/02/2023: Linux 6.2 RC7 and Fatal Earthquake

    Links for the day



  16. IRC Proceedings: Sunday, February 05, 2023

    IRC logs for Sunday, February 05, 2023



  17. Links 05/02/2023: Wayland in Bookworm and xvidtune 1.0.4

    Links for the day



  18. Links 05/02/2023: Pakistan Blocks Wikipedia, Musharraf Dies

    Links for the day



  19. IRC Proceedings: Saturday, February 04, 2023

    IRC logs for Saturday, February 04, 2023



  20. Links 04/02/2023: FOSDEM Happening and Ken Thompson in SoCal Linux Expo

    Links for the day



  21. 2023 is the Year Taxpayers' Money Goes to War and Energy Subsidies, Not Tech

    Now that a lot of powerful and omnipresent ‘tech’ (spying and policing) companies are rotting away we have golden opportunities to bring about positive change and maybe even recruit technical people for good causes



  22. Getting Back to Productive Computer Systems Would Benefit Public Health and Not Just Boost Productivity

    “Smartphoneshame” (shaming an unhealthy culture of obsession with “apps”) would potentially bring about a better, more sociable society with fewer mental health crises and higher productivity levels



  23. Links 04/02/2023: This Week in KDE and Many More Tech Layoffs

    Links for the day



  24. Dotcom Boom and Bust, Round 2

    The age of technology giants/monopolies devouring everything or military-funded (i.e. taxpayers-subsidised) surveillance/censorship tentacles, in effect privatised eyes of the state, may be ending; the United States can barely sustain that anymore and raising the debt ceiling won't solve that (buying time isn't the solution)



  25. Society Would Benefit From a Smartphoneshame Movement

    In a society plagued by blackmail, surveillance and frivolous lawsuits it is important to reconsider the notion of “smart” phone ownership; these devices give potentially authoritarian companies and governments far too much power over people (in the EU they want to introduce new legislation that would, in effect, ban Free software if it enables true privacy)



  26. IRC Proceedings: Friday, February 03, 2023

    IRC logs for Friday, February 03, 2023



  27. IRC Proceedings: Thursday, February 02, 2023

    IRC logs for Thursday, February 02, 2023



  28. Links 03/02/2023: Proton 7.0-6 Released, ScummVM 2.7 Testing

    Links for the day



  29. Links 03/02/2023: OpenSSH 9.2 and OBS Studio 29.0.1

    Links for the day



  30. Links 03/02/2023: GNU C Library 2.37

    Links for the day


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