Feeds

Special Caldera case report: Microsoft's smoking pistols

Compelling evidence underlies the judge's latest rulings

  • alert
  • submit to reddit

Bridging the IT gap between rising business demands and ageing tools

MS on Trial Microsoft's efforts to block key aspects of Caldera's antitrust suit have now almost entirely run into the sand. US District Judge Dee Benson issued a judgement denying a further four Microsoft motions. Microsoft has been trying for summary judgement of various parts of Caldera's case, but has scored straight zeros, and only has one shot left for the judge to rule on. In moving for summary judgement Microsoft has basically been asking the judge to rule that there is no case to answer. So by denying the motions, the judge is saying that Caldera has produced enough evidence to suggest that Microsoft may have violated antitrust law in each of the areas. The latest batch of rejections cover claims that Microsoft: created intentional incompatibilities in order to undermine DR-DOS; used spurious error messages to create the perception of incompatibilities, thus making it look as if DR-DOS was broken; excluded DR-DOS developers from the beta of Windows 3.1; and merged DOS and Windows into a single product, Windows 95, in order to destroy competition from DR-DOS and other competitors. The judge is therefore of the opinion that there is evidence that all of these happened, and much of that evidence is now in the public domain via Caldera's court filings and the latest rulings. Much of this evidence derives, as is the case in the DoJ's antitrust action against Microsoft, from subpoenaed Microsoft emails. There will be more of these to deal with when the full trial starts next year, but the current batch provides the usual fascinating insights into the Microsoft approach to business. They ruling also reveals what could ultimately turn out to be one of the worst decisions in the history of the computer business. At one time Microsoft proposed that DRI (Digital Research, which then owned DR-DOS) stop marketing DR-DOS and the companies cross-license each others' products, "DRI, uninterested in a long-term relationship with Microsoft, offered DR-DOS technology to Microsoft for $30 to $40 million. Microsoft refused." That looks like being a very costly mistake, if Caldera, inheritor of the DR-DOS torch, ends up walking away from the case with a 10-digit jury award, after damages are tripled. Next section: How MS destabilised DR-DOS via vapourware announcements

The Power of One Brief: Top reasons to choose HP BladeSystem

More from The Register

next story
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Nadella: Apps must run on ALL WINDOWS – PCs, slabs and mobes
Phone egg, meet desktop chicken - your mother
White? Male? You work in tech? Let us guess ... Twitter? We KNEW it!
Grim diversity numbers dumped alongside Facebook earnings
HP, Microsoft prove it again: Big Business doesn't create jobs
SMEs get lip service - what they need is dinner at the Club
ITC: Seagate and LSI can infringe Realtek patents because Realtek isn't in the US
Land of the (get off scot) free, when it's a foreign owner
Dude, you're getting a Dell – with BITCOIN: IT giant slurps cryptocash
1. Buy PC with Bitcoin. 2. Mine more coins. 3. Goto step 1
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Reducing security risks from open source software
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Consolidation: the foundation for IT and business transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.