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

11.23.11

Bill Gates Lies to the Court to Dodge Competition Rules Violations

Posted in Antitrust, Bill Gates, Courtroom, Microsoft, Novell at 11:59 am by Dr. Roy Schestowitz

Direct link to deposition video | Full set of the deposition videos (including Ogg Theora versions)

Summary: Bill Gates’ crimes come back to haunt him, but he refuses to admit what things he previously wrote can show rather clearly — that he decided to break the competitors’ products rather than compete

MR. GATES was expected to be brought back to the courtroom. This finally happened some days ago and there is video coverage too:

Mr. Pogson points out and highlights some of Gates’ own words (as found in Comes vs. Microsoft):

I have decided that we should not publish these extensions. We should wait until we have a way to do a high level of integration that will be harder for the likes of Notes, Wordperfect to achieve, and which will give Office a real advantage. [...] Having the Office team really think through the information intensive scenarios, and be a demanding client of systems is absolutely critical to our future success. We can’t compete with Lotus and Wordperfect/Novell without this.

Now, look at the exhibits shared by Groklaw and some of the reports from there:

We had a reporter there at the Novell v. Microsoft antitrust trial on Friday, and I gather it was quite a day. As you probably saw from the Salt Lake Tribune article we put in News Picks yesterday, the judge, U.S. District Judge J. Frederick Motz, had set aside five hours Friday to consider a Microsoft motion on whether to stop the trial now, on the alleged ground that Novell had failed to present a case. That kind of motion is typical after the plaintiff finishes presenting its case in most civil trials. What was different was that the judge took it seriously enough to even listen to extended oral argument. He does seem to have a Microsoft tilt, frankly.

By the way, Bill Gates is expected to testify on Monday. The trial is scheduled to continue on Monday, but the judge took the arguments on the Microsoft motion under advisement, and he could still rule to stop the trial if he wants to. And from all I’ve seen, he wants to. But if that happens, it won’t be before Gates testifies. It seems Novell found a crucial bit of evidence that the judge was not expecting.

Here is another one from Groklaw:

The media reports that Bill Gates’ testimony was that they decided to make the API change because of worry about breakage, but Novell responds to that and the other excuses amply.

Novell even points out that the judge is bound by the appeals court. They did rule that this case had to go to the jury, after all. It’s the law of the case. Novell seems to be setting things up so the record is complete and clear for an appeal, should one prove necessary.

The Microsoft boosters cannot quite spin Gates out of this one. Yes, Microsoft needed to shoot Novell’s horse, as Pamela Jones once put it. Techrights‘ Ryan quotes an article as saying: “He [Gates] testified later that Microsoft had to dump a technical feature that would have supported WordPerfect because he feared it would crash the operating system.”

Based on the exhibits we have, this is nonsense. The statement from this article is a lie. To quote other bits:

Microsoft’s Windows 95 rollout presented the most challenges in the company’s history, leading to several last-minute changes to technical features that would no longer support a rival software maker’s word processor, Bill Gates testified Monday in a $1 billion antitrust lawsuit filed by the creator of WordPerfect.

As Homer put it in USENET, “Microsoft’s Godfather [is] back in court”

Quoting his message through The Register: “Gates: Novell are sore losers, Word trounced WordPerfect Microsoft supremo testifies at antitrust hearing

“Gates told a court in Salt Lake City, Utah, on Monday that his Redmond minions “worked super-hard” on Word. He added: “It was a ground-breaking piece of work, and it was very well received when we got it done.””

Homer’s response is that “they worked “super-hard” … by poaching Charles Simonyi and Richard Brodie from Xerox, to “rewrite” Xerox Bravo, the first GUI word processor, then rebranded it as Microsoft’s “innovation”.

“Then they worked “super-hard” to break cross-platform software, by releasing deliberately broken APIs, whilst using undocumented APIs for their own software, just like they did with Novell, Netscape, Real Networks and anyone else who dared to support anything but just Windows.

“Both the DOJ and the EU Commission have already exposed Microsoft’s criminal business methods in great detail, producing a swath of court evidence, most of which originates from within Microsoft, so why does this even need to go to trial again? It should be an open and shut case.

“Here’s a good summary [PDF]

Here is another article about it:

Attorneys for Novell are expected to cross-examine Microsoft chairman Bill Gates Monday in a federal courthouse in Utah, where jurors are hearing Novell’s claim that the software giant used anticompetitive means to quash Word competitor WordPerfect and Excel rival Quattro Pro.

U.S. district court judge J. Frederick Motz, who is presiding over the case in Salt Lake City, may also rule Monday on Microsoft’s request, submitted Friday, to dismiss the case.

Novell sued Microsoft in 2004, claiming the software maker “deliberately targeted and destroyed” its WordPerfect word processor and Quattro spreadsheet franchises because they were compatible with non-Windows operating systems. Novell also charged that Microsoft banished WordPerfect from the Windows 95 rollout in an effort to drive the application into obscurity.

While it is true that this was ages ago, no justice was ever restored and Gates has done some other atrocious things since then. He is a user, a self-glorifying one (reputation laundering).

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

A Single Comment

  1. Michael said,

    November 23, 2011 at 7:16 pm

    Gravatar

    Seems here you have actual evidence against your most hated foe. Amazing.

What Else is New


  1. EPO Crushed the Boards of Appeal (i.e. Quality Control) and Insiders Explain Why

    Team Battistelli has made a complete mockery of the EPO and also serves to devalue EPO patents, which in the long term can doom the whole system



  2. Academic Discussion About Patents' Harm and Good, Pushers of Software Patents Still Upset at Alice Decision

    In light of the Alice case, large monopolies and their messengers moan about patent quality control, whereas here in Manchester people have an open debate about the potential harms of over-patenting



  3. Links 30/7/2016: Sysadmin Day, Stardew Valley on GNU/Linux

    Links for the day



  4. Links 29/7/2016: More Microsoft Problems and Layoffs, Bodhi Linux 4.0.0 Alpha Released

    Links for the day



  5. Links 28/7/2016: CORD as Linux Foundation Project, Wine 1.9.15 Released

    Links for the day



  6. EPO Loses More Than 80% of Cases at the International Labour Organisation (ILO)

    The International Labour Organisation (or Organization) helps show just to what degree the European Patent Office (EPO) violates the rights of workers



  7. To Understand What Battistelli Has Turned the EPO Into Look at Turkey and China

    Battistelli and his notorious Vice-President from SIPO (Croatia) turn the European Patent Office, once the pride of Europe, into a human rights cesspool with SIPO (China) connections



  8. Patent Lawyers Move Closer to Battistelli's Rubber-stamping Office While the Appeal Boards Pushed Away as Collective Punishment Which Masks Decline in Patent Quality

    Urgently sending appeal boards away and urgently granting applicants patents without proper examination will be Battistelli's sorrow legacy at the European Patent Office



  9. Software Patents a Dying Breed, But Patent Lawyers in Denial Over it and Notorious Judge Rodney Gilstrap Ignores Alice (Supreme Court)

    A look at what law and practice are saying about software patents, contrasted or contradicted by the patent industry and trolls-friendly courts (which make business out of or together with patent aggressors)



  10. CAFC Meddling in PTAB Affairs; Unified Patents Fights a Good Fight by Invalidating Software Patents

    A look at how the AIA's Patent Trial and Appeal Board is invalidating software patents post-Alice, with or without involvement of patent courts



  11. Early Certainty That Benoît Battistelli is Dangerously Clueless and a Major Risk to the EPO

    The chaos which Team Battistelli is assured to deliver if it doesn't treat scientists like scientists, instead viewing them as a production line with rubber-stamping duties



  12. OIN Makes Claims About “Open Source Innovation”, But It Produces Nothing and Protects Virtually Nobody

    The Open Invention Network (OIN) reports growth, but in practical terms it does little or nothing to help developers of Free/Open Source software



  13. Links 27/7/2016: New CrossOver, Blackmagic for GNU/Linux

    Links for the day



  14. The Death of Software Patents and Microsoft's Coup Against Yahoo! Made the Company Worthless

    A look at what happens to companies whose value is a house of software patents rather than code and a broad base of users/customers



  15. Munich Attack Mentioned by EPO But Not Ansbach

    The EPO does the usual right-wing thing (exploiting disaster/emergency for domestic crackdowns), but some bemoan the omission of the explosion at Ansbach (also in Germany)



  16. Kluwer Thinks People Are Clueless About the Unitary Patent System and Pretends It's Business as Usual

    Flogging the dead UPC horse at times of great uncertainty (enough to bring the UPC to a standstill)



  17. Almost Everything That the Government Accountability Office Says is Applicable to the EPO

    The Government Accountability Office in the United States produces reports which can serve as a timely warning sign to the European Patent Office, where patent quality is rapidly declining in order to meet 'production' goals



  18. Microsoft Says It Loves Linux, But Its Anti-Linux Patent Trolls Are Still Around and Active

    Highlighting just two of the many entities that Microsoft (and partners) use in order to induce additional costs on Free (as in freedom) software



  19. Links 26/7/2016: Microsoft Growing Desperate, Linux 4.8 Visions

    Links for the day



  20. Links 25/7/2016: Linux 4.7 Final, PostgreSQL 9.6 Beta 3

    Links for the day



  21. Leaked: Boards of Appeal Face 'Exile' or 'Extradition' in Haar After Standing up to Battistelli

    A look at some of the latest moves at the European Patent Office (EPO), following Battistelli's successful coup d’état which brought the EPO into a perpetual state of emergency that perpetuates Battistelli's totalitarian powers



  22. The US Government Accountability Office (GAO) Comes Across as Against Software Patents, Relates to the EPO as Well

    Some analysis of the input from the Government Accountability Office (GAO) with focus on the EPO and software patents



  23. In the US, Patent Trolls Engage in Patent Wars and Shakedowns, Whereas in China/Korea Large Android OEMs Sue One Another

    Highlighting some of the differences between the US patent system and other patent systems



  24. Links 24/7/2016: Elive 2.7.1 Beta, New Flatpaks and Snaps

    Links for the day



  25. Links 23/7/2016: Leo Laporte on GNU/Linux, Dolphin Emulator’s Vulkan Completion

    Links for the day



  26. Links 22/7/2016: Wine 1.9.15, KaOS 2016.07 ISO

    Links for the day



  27. Haar Mentioned as Likely Site of Appeal Boards as Their Eradication or Marginalisation Envisioned by UPC Proponent Benoît Battistelli

    Not only the Staff Union of the European Patent Office (SUEPO) is under severe attack and possibly in mortal danger; the increasingly understaffed Boards of Appeal too are coming under attack and may (according to rumours) be sent to Haar, a good distance away from Munich and the airport (half an hour drive), not to mention lack of facilities for visitors from overseas



  28. EPO Attaché Albert Keyack Viewed as Somewhat of a Mole, Reporting From the US Embassy in Brazil Until Shortly Before the Temer Coup

    Public responses to the role played by Albert Keyack on behalf of the United States inside the European [sic] Patent Office



  29. EPO Insiders Explain Why the EPO's Examination Quality Rapidly Declines and Will Get Even Worse Because of Willy Minnoye

    Public comments from anonymous insiders serve to highlight a growing crisis inside the European Patent Office (EPO), where experienced/senior examiners are walking away and leaving an irreplaceable bunch of seats (due to high experience demands)



  30. Patents Roundup: BlackBerry, Huawei, PTAB, GAO, Aggressive Universities With Patents, and Software Patents in Europe

    Various bits and pieces of news regarding patents and their fast-changing nature in the United States nowadays


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