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Technology Stocks : MSFT Internet Explorer vs. NSCP Navigator
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To: Gerald R. Lampton who wrote (20191)6/24/1998 10:15:00 AM
From: Bearded One  Read Replies (3) of 24154
 
I also think the court's characterization of Windows 95 as an integration of DOS and Windows 3.11 may be a fundamental factual error on which the opinion is premised. Pleae correct me if I'm wrong, but my understanding is that Windows 95 is NOT an integration of DOS and Windows 3.11. Although Windows 95 will emulate DOS, the kernal is different, as I understand it. It is, in a very real sense, a single product, not just a combination of DOS and Windows, as both the majority and the dissent seem to assume.

Windows 95 is certainly not simply an integration of DOS and Windows 3.11. What I found interesting about that whole discussion is that there is currently a lawsuit by Caldera against Microsoft on the exact topic. It seems that Microsoft claimed that Windows 95 and DOS were integrated during the consent decree negotiations. However, Caldera has been able to show that one can easily substitute Caldera's version of DOS ("DR. DOS", then owned by Novell) for the version of DOS which comes with Windows 95. Thus, they argue, Windows 95 and DOS were never integrated and Microsoft lied so as to destroy the market for Dr. DOS. That is why Caldera was able to expand their lawsuit to include Windows 95. I believe the trial is this fall.

There was always a question of how linked this lawsuit was to the DOJ/States lawsuit. I think the linkage is now much much stronger.

Two questions: How will the appeal's court notion of 'integration' affect this Caldera lawsuit? And if Microsoft is found to have misstated their case to the DOJ in 1994, how will that affect the DOJ lawsuit?
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