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. Links 24/7/2014: Oracle Linux 7; Fedora Delays

    Links for the day



  2. Valerie Strauss Explains Why Gates Foundation's Lobbying for 'Common Core' (Privatisation) is a Swindle That Makes Microsoft Richer

    Continued criticism of the Gates Foundation's lobbying and masquerading, with more journalists brave enough to highlight the corruption



  3. USPTO Officially Sets New Guidelines to Limit Scope of Software Patents in the United States

    Even patent lawyers finally acknowledge that the incentive to file software patent applications has been reduced, as the scope of patents on software has been noticeably narrowed and they are harder to acquire, let alone enforce in a courtroom



  4. UK Government Adopts OpenDocument Format (ODF) and Microsoft Already Attacks the Government Over It, Showing Absolutely No Commitment to Open Standards

    Only "Microsoft as the standard" is the 'standard' Microsoft is willing to accept, as its response to the Cabinet Office's judgment reveals



  5. Microsoft Layoffs of 2014

    Another quick look at Microsoft's horrible state of affairs and why it has virtually nothing to do with Nokia



  6. Links 22/7/2014: Linux 3.16 RC 6, New UberStudent

    Links for the day



  7. Links 20/7/2014: Jolla in India, Mega Censored in Italy

    Links for the day



  8. Longtime Mono Booster Joins Microsoft-linked Xamarin

    Jo Shields almost joins Microsoft, settling instead for its proxy, Xamarin



  9. Linux Foundation Welcomes Patent Aggressor Red Bend Software

    The Linux Foundation's AllSeen Alliance welcomes as a member a company that uses software patents to sue Free/Open Source software



  10. Matt Levy From Patent Progress (and CCIA) Does Not Really Want Patent Progress

    Matthew ('Matt') Levy moved into a foe of patent progress last year, but he still runs a site calls Patent Progress, in which he diverts all attention to patent trolls (as large corporations such as Microsoft like to do)



  11. Attacking FOSS by Ignoring/Overlooking Issues With Proprietary Software

    The biasing strategy which continues to be used to demonise Free/Open Source software (FOSS) along with some new examples



  12. Links 19/7/2014: CRUX 3.1 is Out, CyanogenMod Competes With Google Now

    Links for the day



  13. Microsoft's Massive Layoffs Go Far Beyond Nokia; Nokia's Android Phones Axed by Microsoft's Elop

    Microsoft's rapid demise and permanent exit from Nokia's last remaining Linux platform (after Microsoft had killed two more)



  14. Patents on Software Already Being Invalidated in Courts Owing to SCOTUS Ruling on 'Abstract' Patents

    The Federal Circuit Appeals Court has just "invalidated a software patent for being overly abstract," says a patents expert



  15. OpenSUSE 'Community' is Crumbling, AttachMSFT Killed SUSE's Potential (Except as Microsoft Tax)

    Not much too see in the land of SUSE and Attachmate, or formerly the company known as Novell



  16. Links 18/7/2014: Slackware Turns 21, Spotify Switches to Ubuntu

    Links for the day



  17. Links 16/7/2014: Manjaro 0.8.10 Third Update, SIA Migrates to Red Hat

    Links for the day



  18. Microsoft's Latest Round of Massive/Bulk/Large-scale Layoffs

    Microsoft boosters are preparing 'damage control' pieces ahead of massive layoffs at Microsoft



  19. Secrecy Allows British Government to be Manipulated by Microsoft for Spyware Behind Closed Doors

    Dependence on malicious software from NSA ally Microsoft is highly dependent, at least in Britain, on government secrecy and vain refusal to comply with Freedom of Information (FOI) requests



  20. Software Patent Applications Already Being Rejected in the US Owing to SCOTUS Ruling, Some Patent Lawyers Are Fuming

    Good news on the software patents front as the USPTO starts rejecting software patent applications, based on patent lawyers' words



  21. Links 15/7/2014: New Plasma, Google Announces Project Zero

    Links for the day



  22. Interest in Free Software Coverage and 9 Months With Tux Machines

    Thoughts about the level of interest in Free/Open Source software (FOSS) and growth of at least some sites that focus on GNU/Linux



  23. White House Backs Away From Appointing Patents Zealot to Top USPTO Position

    Philip Johnson is no longer poised to become the Director of the USPTO, which is basically an establishment that provides protectionism to primarily US-based corporations



  24. Professor James Bessen Presents the Case Against Software Patents After Important SCOTUS Ruling

    The debate about software patents in the Unites States continues, with academia on one side and greedy patent lawyers on the other



  25. Software Patents Demising in the US as Microsoft Patent Attacks on Android/Linux Suffer a Huge Setback

    M-Cam's assessment of Microsoft's bundle of extortion (using software patents) shows toothlessness, irrespective of the SCOTUS decision to effectively annul "abstract" software patents



  26. Links 13/7/2014: KDE Activity Surge

    Links for the day



  27. Pro-Microsoft Spin in Microsoft-Funded News Networks

    The rogue media (misinformation) campaign of Microsoft benefits from networks which have been paid by Microsoft over the years



  28. Cronyism at Play: European Hostility Towards Free/Libre Software Despite Espionage and Moles

    Europe continues to be held hostage with back doors, lock-in, and massive payments to foreign powers, despite evidence that these powers are destructive and hostile



  29. Wirelessly-Controlled Contraceptives and Other Villainous Bill Gates Initiatives

    Remote controls for people's reproductive systems are now in the making and Bill Gates is a prominent investor in the technology



  30. Links 12/7/2014: CrossOver, New Wine

    Links for the day


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