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

03.01.13

Novell a Zombie Brand

Posted in Antitrust, Courtroom, Microsoft, Novell at 5:27 pm by Dr. Roy Schestowitz

Novell’s site (front page) looks like this today:

Novell site

Summary: Even though Novell was sold, the brand continues to have some output under certain circumstances

Novell, the company that we first targeted in this Web site (way back in 2006), is still pursuing justice in the WordPerfect case. This is perhaps Novell’s last legacy. Pamela Jones has this update on the case:

Novell has now filed its reply brief [PDF] with the US Court of Appeals for the 10th District. Here’s Microsoft’s brief and Novell’s opening brief in its appeal in the WordPerfect antitrust case against Microsoft.

Novell’s arguments are clear and powerful. “A reasonable jury could find that Microsoft’s conduct was anticompetitive because it harmed Novell, was not competition on the merits, and was reasonably capable of contributing significantly to maintaining Microsoft’s monopoly power in the operating systems market,” Novell writes. Nowhere, it says, does Microsoft defend Microsoft’s conduct as competition on the merits. And Microsoft’s brief neglected to mention to the appeals court, or respond to, the District Court’s conclusion that a jury could have found Microsoft’s justifications for its conduct “to be pretextual.” Worse, Microsoft is asking the appeals court to confer immunity on it “for deception of competitors regardless of the effect on competition.”

By withdrawing its support for namespace extension APIs, Microsoft destroyed Novell’s economic viability, and it did it on purpose to harm a competitor. The Bill Gates email [PDF] proves it, they believe. The whole point of documenting APIs and releasing betas is to induce reliance, so Microsoft can’t credibly argue that it didn’t know this change on its part would impact Novell negatively.

And again, as in Novell’s opening brief (p. 38, footnote 5), Novell references Microsoft using a “deceptive script” which it says is mentioned in the email thread in which a Microsoft employee reported to his company that WordPerfect appeared to be “OK” with the change. Novell says was used to justify the change and persuade companies like Novell that Microsoft had to make the change. (Cf. this Groklaw article and this email thread [PDF] for context.) I’m sure we’ll hear more about this at oral argument. So if you attend the event, and I know some of you are trying to make arrangements to attend, please watch for this in particular.

And then Novell says Microsoft ignored a great deal of the evidence that favors Novell, and so did the District Court, but the applicable standard for summary judgment under Rule 50 is that the court was required to view the evidence in the light most favorable to Novell, which it failed to do. Microsoft also ignored evidence that its conduct harmed competition in the operating systems market, including evidence from binding Findings of Fact from the US v. Microsoft case, and the testimony and statements of Microsoft executives (cf. Groklaw). And finally, Microsoft disregarded applicable substantive law, Novell argues.

Novell was sold to Attachmate, but the Novell brand lives on. There is this new post about a Novell-branded product which Novell boasts about at novell.com:

Adding to the existing Novell File Management Suite, Novell File Reporter 2.0 integrates with both eDirectory and Active Directory to simultaneously report on Novell and Microsoft network folder and file data and corresponding file rights.

This product was even announced in Novell’s Web domain. Not too long ago Novell tried telling us that it was not dead. For most purposes, however, it is just a brand owned by Attachmate and it’s the name of the claimant in the case against Microsoft. Novell’s board has been sued for selling the company.

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

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