Bonum Certa Men Certa

Legal Blow for Novell: Astrum's Lawsuit Goes Ahead

Microsoft-esque tactics deserve appropriate treatment

Back in May, Novell got sued by a former partner for its resorting to a Microsoft-like betrayal (embrace-and-replace tactics). Novell's response to this did not impress and we have just found out that Novell lost all motions to dismiss the case. It is therefore headed for a hearing on November 13th 2008.

That's another pretty major blow for Novell, more pressing issues being the sinking market cap which descends and approaches just $1.6 billion now. Novell realises now that the judge sees merits in the plaintiff's (Astrum) claims, so this could go on for quite some time and prove costly, not just distracting.



There is also a very interesting development in the the Novell vs. Microsoft antitrust [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11], suggesting that Microsoft's dirty secrets are alive and well. We wrote about this before.

Guess what? It turns out that 158 boxes of documents from the Caldera v. Microsoft litigation still exist, and Microsoft is trying to get them. This drama is playing out in the Novell v. Microsoft antitrust lawsuit, and Canopy has been drawn into it too.


This is getting ever more fascinating. If all that material can be obtained, documented, and put on-line, it would be hugely damaging to Microsoft, which paid a lot of money (in part to Novell) to bury these past crimes.

Court hammer

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