Feeds

MS moves to block court briefs – Caldera skeletons rattle?

Bristol, Caldera witness savaged in Redmond filing

  • alert
  • submit to reddit

High performance access to file storage

Microsoft is attempting to block attempts to file "friends of court" briefs by a collection of known enemies of Microsoft. Somewhat uncharacteristically the company feels that one such brief from either side will be perfectly adequate - but then Microsoft seems to have rather less friends available to fight its corner in the antitrust appeal.

On Microsoft's side we have the Association for Competitive Technology and the Computing Technology Industry Association, who have agreed to file a single brief between them. ACT is backed by Microsoft, and in addition to having had its trash rifled by Oracle, recently published a study claiming Microsoft breakup could cost the world $310 billion. CompTIA has been substantially less vocal on the subject, but its antitrust counsel Lars Liebeler managed a lash-out in the wake of Judge Jackson's finding of facts.

The ranks on the other side are considerably denser. We have AOL, the Computer & Communications Industry Association, the Project to Promote Competition and Innovation in the Digital Age, and the Software and Information Industry Association. Then there's The Assocation for Objective Law, the Center for the Moral Defense of Capitalism, and three interesting names - Lee A Hollaar, Carl Lundgren and Laura Bennett Peterson.

AOL and the rest of the first batch are, in Microsoft's view, sworn enemies of Redmond. The trade associations are heavily backed by "the self-described 'Gang of Four,' i.e. IBM, Netscape (now AOL), Oracle and Sun." Microsoft is of course right about the underlying motivation here, and might also be right to point out that the interlocking memberships of the trade associations could surely find a way to pool their thoughts.

But Microsoft reserves most of its ire for Peterson, Lundgren and Hollaar - Hollaar in particular. Professor Hollaar of the University of Utah "has made something of a career of testifying against Microsoft," says the company's filing. Indeed, he's been fairly busy on the subject - Hollaar supported both Bristol and Caldera in their antitrust actions against Microsoft, and in the Caldera case did quite a lot of work in the area of the integration of Dos and Windows to form Windows 95.

Hollaar knows where quite a few bodies are buried, but Microsoft says he has "apparently forgotten" that he "became acquainted with the source code of Microsoft's operating systems in the Caldera and Bristol cases pursuant to protective orders that strictly prohibit him from using that knowledge for any purpose other than preparing his testimony in those cases."

As smears go, this is a particularly blatant one. The Good Prof wants to file a friend of court brief, so automatically that means "Mr [sic] Hollaar's willingness to breach obligations imposed on him by other federal courts to preserve its confidentiality should not be countenanced."

In this case, if the court will let him, Hollaar wishes to cover the appeals court's earlier ruling overturning Jackson's preliminary injunction instructing Microsoft to separate Windows and IE. Hollaar wishes to argue that the court was wrong then, and to cover the implications of the decision. This would clearly be unwelcome to Microsoft.

Microsoft is of course also particularly sensitive about all of the dirty tricks evidence Caldera presented, but as it happens Hollaar seeems to have been remarkably restrained on the subject. His resume details simply point to the case details that used to be at drdos.com. This site seems mysteriously down at time of writing, while Caldera - which settled with Microsoft out of court - equally mysteriously seems to have lost all site memory of the whole action. But Google cache remembers, and so do we. ®

Caldera case memory lane:
Unsealed Caldera files detail MS evidence shredding claims
Caldera judge finds MS 'grossly misprepresented' facts
Caldera case report: Microsoft's smoking pistol

Combat fraud and increase customer satisfaction

More from The Register

next story
This time it's 'Personal': new Office 365 sub covers just two devices
Redmond also brings Office into Google's back yard
Oh no, Joe: WinPhone users already griping over 8.1 mega-update
Hang on. Which bit of Developer Preview don't you understand?
Microsoft lobs pre-release Windows Phone 8.1 at devs who dare
App makers can load it before anyone else, but if they do they're stuck with it
Half of Twitter's 'active users' are SILENT STALKERS
Nearly 50% have NEVER tweeted a word
Internet-of-stuff startup dumps NoSQL for ... SQL?
NoSQL taste great at first but lacks proper nutrients, says startup cloud whiz
Ditch the sync, paddle in the Streem: Upstart offers syncless sharing
Upload, delete and carry on sharing afterwards?
New Facebook phone app allows you to stalk your mates
Nearby Friends feature goes live in a few weeks
Microsoft TIER SMEAR changes app prices whether devs ask or not
Some go up, some go down, Redmond goes silent
Batten down the hatches, Ubuntu 14.04 LTS due in TWO DAYS
Admins dab straining server brows in advance of Trusty Tahr's long-term support landing
prev story

Whitepapers

SANS - Survey on application security programs
In this whitepaper learn about the state of application security programs and practices of 488 surveyed respondents, and discover how mature and effective these programs are.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.