12.21.11

Gemini version available ♊︎

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

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.

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?

DecorWhat Else is New


  1. Links 29/11/2021: Linux 5.16 RC3 and Lots of Patent Catch-up

    Links for the day



  2. By 2022 0% of 'News' Coverage About Patents Will Be Actual Journalism (Patent Litigation Sector Has Hijacked the World Wide Web to Disseminate Self-Promotional Misinformation)

    Finding news about the EPO is almost impossible because today’s so-called ‘news’ sites are in the pockets of Benoît Battistelli, António Campinos, and their cohorts who turned the EPO into a hub of litigation, not science; this is part of an international (worldwide) problem because financial resources for journalism have run out, and so the vacuum is filled/replaced almost entirely by Public Relations (PR) and marketing



  3. Trying to Appease Those Who Never Liked Free Software or Those Who Blindly Loved All Patent Monopolies to Begin With

    It’s crystal clear that trying to appease everyone, all the time, is impossible; in the case of the EPO, for example, we hope that exposing Team Battistelli/Campinos helps raise awareness of the harms of patent maximalism, and when speaking about Free software — whilst occasionally bashing the alternatives (proprietary) — we hope to convince more people to join the “Good Fight”



  4. Links 28/11/2021: Laravel 8.73 Released, GitHub Offline for Hours

    Links for the day



  5. IRC Proceedings: Saturday, November 27, 2021

    IRC logs for Saturday, November 27, 2021



  6. Links 27/11/2021: Nvidia’s DLSS Hype and Why GNU/Linux Matters

    Links for the day



  7. [Meme] Linus Gabriel Sebastian Takes GNU/Linux for a (Tail)'Spin'

    If you’re trying to prove that GNU/Linux is NOT Windows, then “haha! Well done…”



  8. GNU/Linux is for Freedom and It'll Gain Many Users When (or Where) People Understand What Software (or Computing) Freedom Means

    Software that respects people's freedom (and by extension privacy as well) is an alluring proposition; those who choose to try GNU/Linux for the wrong reasons are likely the wrong target audience for advocates



  9. Amid Reports of Microsoft's Competition Crimes in Europe...

    European companies are complaining, but they seem to overlook the principal aspect of an imperialistic system with bottomless pockets (almost 30 trillion dollars in debt already; US national debt soared again last month); Microsoft is shielded by a political system with military (“defence”) as bailout budget to help cushion international expansion for data grab and technical leverage, as we've seen in the case of EPO (this is all political, not technical, and should thus be treated as a political/corruption issue)



  10. Is Linus Trolling the GNU/Linux Community?

    This new video responds to what many sites have been provoked into amplifying



  11. Links 27/11/2021: Tux Paint 0.9.27 and SeaMonkey 1.1.19 in EasyOS

    Links for the day



  12. [Meme] Keeping Our Distance From Microsoft

    The OSI is the dagger, the Linux Foundation is the knife, and many others are the sword by which Microsoft tries to get into the very heart of GNU/Linux and extinguish the Free software movement



  13. Microsoft Edge Encourages Indebted Americans to Guilt-spend Just in Time for Christmas

    Guest post by Ryan, reprinted with permission



  14. IRC Proceedings: Friday, November 26, 2021

    IRC logs for Friday, November 26, 2021



  15. 38+ Years of GNU and 19+ Years of FSF Associate Membership

    “On November 25, 2002,” Wikipedia notes, “the FSF launched the FSF Associate Membership program for individuals.” As the above video points out, it all started almost 40 years ago.



  16. Gemini as a Platform for Gamers

    Contrary to what people often assume (or are led to assume), even without client-side scripting Gemini can accomplish a great deal; early adopters, many of whom are technical, test the limits of the very minimalistic (by design and intention) specification



  17. Improved Workflows: Achievement Unlocked

    Today we've completed a bunch of small projects that can make us more efficient (e.g. more Daily Links per day, more articles); the above video was recorded many hours ago to accompany the outline below



  18. Links 26/11/2021: New Complaint About Microsoft Competition Crimes in Europe, EuroLinux 8.5, GhostBSD 21.11.24, and Kiwi TCMS 10.5 Released

    Links for the day



  19. Links 26/11/2021: F35 Elections, Whonix 16.0.3.7, OSMC's November Refresh With Kodi 19.3

    Links for the day



  20. IRC Proceedings: Thursday, November 25, 2021

    IRC logs for Thursday, November 25, 2021



  21. IRC Proceedings: Wednesday, November 24, 2021

    IRC logs for Wednesday, November 24, 2021



  22. Links 25/11/2021: PHP 8.1.0 Released and Linux 5.15.5

    Links for the day



  23. IBM as Master of Hypocrisy

    Free software projects and Free software developers have long been humiliated by corporations of Western misogynists, falsely claiming that the Free software community isn’t inclusive enough (these are shameless projection tactics; as a matter of public record, the exact opposite is true) and even the eradication of supposedly offensive language isn’t something IBM takes seriously



  24. Links 25/11/2021: LibreOffice 7.2.3 and Mesa 21.2.6 Released

    Links for the day



  25. [Meme] So Desperate That Edge Cannot Even Exceed 4% That They Block Rival Web Browsers

    Linux/Android/Free Software/GNU (they go by very many names/brands) may continue to grow to the point where Windows is as irrelevant as Blackberry; this means that Microsoft’s grip on the Web too has slipped — to the point where Microsoft frantically uses 'bailout' money to hijack LinkedIn, GitHub, etc. (it also rebrands almost everything as "Azure" or clown to fake a perception of growth)



  26. Windows Vista Service Pack 11 (Vista 11) Has Failed to Curb the Growth of GNU/Linux

    Windows market share continues to decrease in spite of billions of dollars spent bribing the media for fake hype, especially in light of a new Windows Service Pack (SP), Vista SP 11



  27. Links 25/11/2021: Proton 6.3-8 and Linux Mint Compared to Ubuntu

    Links for the day



  28. 3.5 Years Later the 'Master' of Fedora is Still Microsoft and IBM Cannot Be Bothered to Alter Git Branch Names (Refuting or Ignoring Its Very Own Directive About Supposedly Racially-Insensitive Terms)

    Today we demonstrate the hypocrisy of IBM; years after telling us that we should shun the term "master" and repeatedly insisting it had a racist connotation at least 65 Fedora repositories, still controlled by Microsoft, still use "master"



  29. Changing the Arrangement While News is a Bit Slow(er)

    I've made it easier for myself to keep abreast of things like IRC channels and networks (incidentally, a day ago Freenode reopened to anonymous logins) and I've improved monitoring of the Web sites, Gemini capsule etc. (this video is unplanned and improvised)



  30. Links 24/11/2021: Alpine Linux 3.15 and Endless OS 4.0 Released

    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