Microsoft claims Caldera leaked evidence
And busts Oracle with some lawyers it prepared earlier...
Microsoft is claiming Caldera is in contempt of court over its treatment of confidential Microsoft information, while Oracle is resisting Microsoft's attempts to winkle confidential documentation out of it. It's all go in the wonderful world of IT lawsuits, folks… In the Caldera case, Microsoft's contempt claim is that Caldera is in violation of a court order sealing evidence by leaking it to the press. As we haven't seen the sealed evidence (obviously) we're not in a position to say whether the claimed leaks were leaks or not, or indeed who leaked them. It has however been alleged recently that Microsoft engineers put a bug into Windows 3.1 to stop DR-DOS running properly (the Caldera suit originates from alleged Microsoft unfair competition with DR-DOS, although it's now been broadened to include Windows 9x). A second alleged leak claims that an ex-employee of Microsoft's testimony alleges that evidence was destroyed. Wrap your heads round this one though. By claiming these leaks came from Caldera, and that they came from the sealed evidence, is Microsoft not confirming the content of the sealed evidence and therefore, er, leaking it indirectly? So Caldera can sue Microsoft for contempt too. Go for it, guys… Oracle's beef isn't as interesting, but could knock the Microsoft antitrust trial back some more. The company says Microsoft's request for documentation from the Big O to use in its defence is too great, and has asked a judge to block it. The hearing for this will be later today. Microsoft is asking for details of a claimed 1994 meeting of Oracle, Sun and IBM executives and their allies, with a view to stitching-up an anti-competitive alliance. It also wants to know about Oracle terminating development of its own browser in favour of Netscape's. Oracle is refusing on the grounds that not all of the information demanded is relevant to the things Microsoft is being accused of. Oddly enough, if Microsoft does get its way, the trial could get delayed again. It's currently set for October 15, so if today's hearing orders Oracle to hand over a ton of documentation, Microsoft can claim (probably reasonably) that it doesn't have enough time to deal with it, and it's all Oracle's fault for not handing it over in the first place. ® Click for more stories
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