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From owner-alg-l@lists.io.com Tue Feb 10 11:24:16 1998 Message-ID: <34E08D1C.9FDF1AF8@bga.com> Date: Tue, 10 Feb 1998 11:23:40 -0600 From: Stu Green <stugreen@bga.com> X-Mailer: Mozilla 4.03 [en] (X11; I; Linux 2.0.33 i586) MIME-Version: 1.0 To: alg-l@lists.io.com Subject: [Fwd: The Caldera lawsuit vs MS: alive and well] Content-Type: multipart/mixed; boundary="------------9A07051BBF5BBA9469DB7E8D" Sender: owner-alg-l@lists.io.com Precedence: bulk Reply-To: alg-l@lists.io.com
This is a multi-part message in MIME format. --------------9A07051BBF5BBA9469DB7E8D Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit --------------9A07051BBF5BBA9469DB7E8D Content-Type: message/rfc822 Content-Transfer-Encoding: 7bit Content-Disposition: inline Received: from mail1.realtime.net (mail1.realtime.net [205.238.128.217]) by zoom.bga.com (8.6.12/8.6.12) with SMTP id LAA21596 for <stugreen@bga.com>; Tue, 10 Feb 1998 11:00:38 -0600 Received: (qmail 28812 invoked from network); 10 Feb 1998 17:00:33 -0000 Received: from rim.caldera.com (207.179.39.2) by mail1.realtime.net with SMTP; 10 Feb 1998 17:00:33 -0000 Received: (qmail 4352 invoked by uid 87); 10 Feb 1998 17:00:23 -0000 Delivered-To: majordom-caldera-users@rim.caldera.com Received: (qmail 4340 invoked by uid 87); 10 Feb 1998 17:00:21 -0000 Received: (qmail 4331 invoked from network); 10 Feb 1998 17:00:18 -0000 Received: from bigbird.telly.org (198.53.146.159) by rim.caldera.com with SMTP; 10 Feb 1998 17:00:18 -0000 Received: from elmo.telly.org [204.187.86.2] by bigbird.telly.org with smtp (Exim 1.73 #1) id 0y2J2d-0004bq-00; Tue, 10 Feb 1998 12:00:15 -0500 Date: Tue, 10 Feb 1998 12:00:15 -0500 (EST) From: Evan Leibovitch <evan@telly.org> To: Caldera Users Mailing List <caldera-users@rim.caldera.com> Subject: The Caldera lawsuit vs MS: alive and well Message-ID: <Pine.LNX.3.95.980210114438.27088G-100000@elmo.telly.org> MIME-Version: 1.0 Content-Type: TEXT/PLAIN; charset=US-ASCII Sender: majordom-caldera-users-owner@rim.caldera.com Precedence: bulk Reply-To: caldera-users@rim.caldera.com Personal note: This amendment appears to be fairly significant. Previously, the suit was only against practises related to MS-DOS; now Windows95 and 3.1 are part of the deal. At this point a settlement seems unlikely; November could be a *real* interesting month. - Evan ----------------------------------------------------------------- FEDERAL COURT ALLOWS CALDERA TO FILE AMENDED ANTITRUST COMPLAINT AGAINST MICROSOFT Nation's Only Private Antitrust Lawsuit Against Microsoft Adds Claim that Microsoft Illegally Tied MS-DOS Into Windows 95 Orem, UT -- Feb 10, 1998 -- The Federal Court hearing Caldera's antitrust lawsuit against Microsoft has agreed to allow Caldera to amend its complaint and introduce evidence at trial that Microsoft illegally created a technical tie of MS-DOS into Windows 95. Caldera claims that the unnecessary technical tie of MS-DOS into Windows 95 artificially created an impression that DOS on the desktop was dead. In court, Caldera will show that this act and other practices illegally eliminated competition to MS-DOS. This latest court decision allows Caldera to extend its claims of illegal behavior and its request for financial damages to include both historical and existing practices. With this amendment, the courts are allowing Caldera to include consideration of Microsoft's Windows 95, Windows 3.1 and MS-DOS market shares when calculating both the industry effect of Microsoft's alleged monopolistic practices and the financial damages being sought by Caldera. "This amendment to our antitrust case is not about the benefits or features of Windows -- it is about an illegal tie of MS-DOS into Windows 95. We allege Microsoft created this illegal, artificial tie for the dominant purpose of eliminating competition," said Bryan Sparks, President and CEO of Caldera. "The evidence we have to support this new claim coupled with the evidence we have to support our other claims extends our conviction that we will win." Caldera can demonstrate that Windows 95 runs on DR-DOS, Caldera's version of DOS, demonstrating that no technological dependency exists between MS-DOS and Windows 95. In court, Caldera will use this fact to prove that the unnecessary tie between MS-DOS and Windows 95 is one of the many illegal and predatory tactics Microsoft has used and continues to use to maintain its desktop monopoly power. In November 1997, the court denied Microsoft's motion to change the venue of Caldera's trial from Salt Lake City, Utah, to Seattle, Washington. This case is currently scheduled for jury trial in November 1998 in Federal Court located in Salt Lake City, Utah. --------------9A07051BBF5BBA9469DB7E8D-- --- To unsubscribe send the message "unsubscribe alg-l" without quotes to majordomo@lists.io.com Send questions to owner-alg-l@lists.io.com