12.21.11

The Old Novell Sheds Light on Microsoft Abuses

Posted in Antitrust, Microsoft, Novell at 10:43 am by Dr. Roy Schestowitz

Ray Noorda

Summary: The Novell vs. Microsoft case in a nutshell

THE NOVELL of Noorda claims that Microsoft misled and still pursues in damages just about as much as the ‘new’ Novell is worth, based on this article which says:

Microsoft deliberately misled Novell in a bid to steal a march on the company with Windows 95, according to lawyers pursuing a $1 billion lawsuit against the Redmond-based software giant.

This trial is also covered by Groklaw, which says that:

Microsoft and Novell each summed up its case for the jury yesterday in Utah, in the antitrust trial Novell brought against it regarding WordPerfect and Quattro Pro. Yes, it’s almost over. We had a reporter there for part of Microsoft’s closing statement today, and Bloomberg fills in the rest, along with the Salt Lake Tribune. TechFlash has coverage as well. And we also have most of the latest documents for you.

Since we last looked in, Microsoft’s motion for judgment as a matter of law was denied, but Novell’s motion to reopen the case to present more evidence was denied. I confess I have been disturbed by reports of this judge’s conduct at this trial, but the thing about juries is that they are not predictable. So, we’ll see. Maybe they feel the same way I do about the judge. But one thing is for sure, whoever loses will almost certainly appeal.

This ended up as a mistrial with a hung jury, but Pamela Jones had claimed that the “Holdout Juror Was Convinced Microsoft Was Guilty of Anticompetitive Behavior”. To quote:

The one holdout juror, Corbyn Alvey, in the Novell v. Microsoft antitrust trial over WordPerfect and Quattro Pro has now spoken. And it’s extraordinary. In an interview by KSL-TV, he says that he was convinced that Microsoft was guilty of anticompetitive behavior. His doubt was whether Novell was damaged by it, so he voted no on the marketplace issue, but yes on the allegation of anticompetitive behavior.

Wow. That means that all 12 jurors found Microsoft guilty of anticompetitive behavior. The video is extraordinary. Alvey even says that, while he’d not wish to call Bill Gates a liar, he certainly saw that his testimony on the stand did not match up with his emails from the 90s that Novell presented.

The case was eventually dismissed and the Microsoft booster spoke of retrial:

Novell’s reanimated antitrust case against Microsoft’s Word is reported to have hit “hopeless” deadlock, with Novell pushing for a fresh trial.

A jury in Salt Lake City hearing the $1bn case can’t make up its mind whether Microsoft broke the law, according to The Wall St Journal.

According to the WSJ, after a brief examination of the case the jury became quickly and “hopelessly” deadlocked. Jurors received the case Wednesday and on Friday morning told Judge J Frederick Motz they were deadlocked.

According to the VAR Guy, “Microsoft, Novell [may be] Negotiating WordPerfect Settlement” because according to sources:

Attorneys for Microsoft and Novell apparently are trying to negotiate a settlement to address Novell’s $1 billion lawsuit against Microsoft. The negotiations started after Novell’s case against Microsoft ended in a mistrial/hung jury. The big question: Will Microsoft write a big settlement check to Novell, or will Novell seek a retrial?

For the time being, there is only a mistrial:

A seven-year-old antitrust case brought by Novell against Microsoft has ended in a mistrial after jurors were unable to reach a unanimous verdict.

The unfortunate thing is that no matter what happens, by breaking the law Microsoft repeatedly crushed competition and by the time there was a trial and even a settlement Microsoft had already established a position that abuses customers (e.g. overprices and under-delivers), destroys many jobs (so money goes to very few people), and demonstrates to us that crime pays off.

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

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,

    December 21, 2011 at 11:37 am

    Gravatar

    Wait! When Apple sues others you say they are an aggressor and starting a fight. This is no matter what the circumstances are… there are no exceptions in your world.

    When others sue Microsoft it is because Microsoft was doing wrong. This is no matter what the circumstances are… there are no exceptions in your world.

    Why not at least *try* to be consistent?

What Else is New


  1. Links 25/11/2020: GamerOS and Biden Transition in Motion

    Links for the day



  2. An Orwellian December

    With December around the corner and states tightening the screws on the population (or employers on employees) at least we can look forward to spring



  3. The Non-Technical (or Lesser Technical) Software User That Wants Software Freedom

    Assuming that Free software should care about what users — not only developers — really want (and need) it’s important to understand how they view the current situation (with growing waves of corporate takeover and compromises, even expulsions)



  4. The European Patent Office Should be Run by Patent Examiners (Scientists), Not Politicians

    Europe would be better off (and patent quality much improved) had people with an actual grasp of science and reality were in charge of the EPO, not a money-chasing kakistocracy (which is what we have now)



  5. Member of the EPO's Boards of Appeal Explains Why VICOs (or ViCo/Video Conferences/Virtual 'Hearings') Are Not Suitable for Justice

    It's interesting to hear (or see/read) what people inside the EPO have to say about the "new normal" when they enjoy a certain level of anonymity (to avert retribution)



  6. Open Source Initiative (OSI) Co-founder Bruce Perens: Open Invention Network (OIN) is Protecting the Software Patent System From Reform and OSI Approves Faux 'Open' Licences (Openwashing)

    Richard Stallman was right about the OSI and the fake 'movement' that claims to have 'coined' the term "Open Source" (it wasn't a new term at all; it had been used in another context and the Free software community spoke of things like "Open Hardware" years earlier)



  7. IRC Proceedings: Tuesday, November 24, 2020

    IRC logs for Tuesday, November 24, 2020



  8. Making JavaScript Suck Less

    "Other than that, the first rule of JavaScript is: Do not use JavaScript. But this article is for people who break the first rule."



  9. Microsoft 'Moles' Inside WINE Project? WINE Should Bring Windows Users to GNU/Linux, Not the Other Way Around.

    The press release above (link omitted, it was pinned in several sites) is a cause for concern; after Microsoft infiltrated OSI and the Linux Foundation (both are now GitHub boosters, in effect diverting projects to Microsoft’s proprietary monopoly) it’ll be important to watch this space



  10. Links 25/11/2020: Raspberry Pi 400 With Touchscreens, Animation Framework in GTK/GNOME

    Links for the day



  11. [Meme] Things Will Get Amusing When/If EPO Proceedings Are Cancelled Due to Patent Trolls Suing the Platforms Using Software Patents (Granted by the EPO)

    The management of the EPO is so proud to be granting illegal software patents in Europe; this clear abuse of authority can come back to bite it in the rear



  12. Dr. Bausch Questions the Merits and Claims of EPO Management Regarding ViCo ('Skynet' Virtual 'Courts')

    Few courageous attorneys are willing to speak out about (and against) what EPO management is doing right now, in effect exploiting a public health crisis to override the law, spy on lots of people, outsource legal proceedings to the United States and so on



  13. Links 24/11/2020: Linux 5.9.11, Istio 1.6.14 and LibreOffice 7.1 Beta Released

    Links for the day



  14. Lots of Good News Today

    A quick roundup of news and key developments; most of them are positive and they give us hope



  15. Massive Collective Action Begins at the European Patent Office Today, Demanding Change and Forewarning the Management (Litigation)

    The financial "hoax" at the EPO (taking away money from staff to feed a gambling addiction of managers) needs to stop; staff has begun mass-mailing the management, threatening legal action



  16. EPO Management is Still Distracting From the 'Elephant in the Room' by Corrupting Media and Academia

    Under the EPO's dictatorship the law is being routinely violated; in order for the public to not pay attention or receive mixed messages (resulting in confusion) the EPO is manufacturing so-called 'studies' (which patent offices aren't supposed to do; they should focus on patent-granting while complying with the law)



  17. EPO's Central Staff Committee on Latest Meeting With Office Dictator: “No Meaningful Discussion Could Take Place.”

    Whilst allegedly preparing legal action the staff representatives at the EPO report on the lack of progress after so-called 'dialogues' (merely a false impression of consultation)



  18. Growing Concerns That EPO Staff Has Been Placed Under de Facto House Arrest by an Entirely Unaccountable Office

    "House arrest" is excessive and disproportionate. So says the Central Staff Committee of Europe's second-largest institution (which surprisingly enough the media is failing to properly study and investigate) as it highlights yet more human rights violations.



  19. IRC Proceedings: Monday, November 23, 2020

    IRC logs for Monday, November 23, 2020



  20. Internal Error: Unified Patent Court and Unitary Patent Incompatible With the Constitution and Basic Laws

    The FFII has issued a statement for Members of the Bundestag, Members of the European Parliament, Members of the Council, German Presidency of the EU, Chancellor Merkel, Commissioner Von Der Leyen, Commissioner Reynders, and Battistelli's buddy Breton



  21. The EPO is Using Hype Wave and Buzzword to Promote Illegal Software Patents in a So-Called “Digital Conference”

    The "HEY HI" or "AI" hype is misused by the Office; not just in person but also in webstreams, which basically serve as a vehicle for illegal agenda



  22. Dutch Delegation and German Delegation at the Administrative Council of the EPO Upset at the Office for Secrecy, Working Behind the Scenes to Crush Productive Staff

    Less than halfway through his term at the Office, Battistelli's buddy already faces growing criticism and, according to the Central Staff Committee, he "was emotionally affected by the intervention such that he was not able to effectively reply to the questions of the delegates."



  23. Links 23/11/2020: GNU Guix 1.2.0, Evaluating Precursor’s Hardware Security, Kdenlive 20.08.3, Kodi 19.x Beta, Vulkan 1.2.162

    Links for the day



  24. Links 23/11/2020: Linux 5.10-rc5, GIMP Turns 25, 4MLinux 34.2, Escuelas Linux 6.11, MPV Player 0.33

    Links for the day



  25. How to Put on Airs of Professionalism Like a Boss

    "Boardroom suits are not meant to be flashy, but to conform. Simple lines and smart ties -- the opposite of what Richard Stallman would wear, show that you are either a well-machined cog or a serious adversary."



  26. IRC Proceedings: Sunday, November 22, 2020

    IRC logs for Sunday, November 22, 2020



  27. Legal Action at the European Patent Office (EPO) Leveraged Against Management... for Robbing EPO Staff and Robbing Europe, by Extension

    The EPO is being looted for its value; the staff is rightly concerned and there’s legal action on the way, filed reluctantly as there’s clearly no other option (a last resort/necessary recourse)



  28. Cory Doctorow at Privacy Week 2020 on DRM, Freedom/Software Freedom, Regulation, Etc.

    “We Used To Have Cake, Now We’ve Barely Got Icing” by Cory Doctorow.



  29. Links 22/11/2020: KaOS 2020.11, Calindori 1.3, KStars 3.5.0

    Links for the day



  30. New Position Paper on the Unified Patent Court (UPC) Says It's “Not the Best Solution for Europe” -- Clearly an Understatement

    UPC proponents (profiteers) aren't enjoying support anymore; not only has progress stalled (come to a complete stop) but the whole debate about the UPC (or anything conceptually like it) turned toxic and negative because facts come out, overriding lobbyists of litigation giants


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