Looks like Judge Jackson got a good gander at this one. MSFT
not faring to well here.
Prediction; Jackson will knock over
the first domino, Caldera the second, and SUNW the 3rd. Meanwhile MSFT shareholders can watch useless legal expenses skyrocket as they waste their money on years of shoddy busines practices that will haunt them for decades. I wish I didn't have this stock in a Trust Fund I have. Tried to tell them to sell it but they would not.
Technology News
Caldera vs. Microsoft Will Go To
Jury Trial
(11/04/99, 12:52 p.m. ET)
By Stuart Glascock, TechWeb
A U.S. district court judge in Salt Lake City
has given an unabashed go-ahead for a jury
trial in the Caldera vs. Microsoft private
antitrust case.
Judge Lee Benson has dismissed all eight of Microsoft's
motions for summary judgment on antitrust grounds,
clearing the path for a trial to begin in Utah on Jan. 17.
Benson issued a ruling on four counts late Wednesday.
The other four were ruled on earlier this year.
Caldera, the owner of DR-DOS, which tried to
compete with Microsoft's MS-DOS, is alleging that
Microsoft committed a hodgepodge of illegal acts,
including illegal tying, making intentional vaporware
announcements, blacklisting developers, and
exclusionary licensing.
"The judge is allowing us to present our entire case
before jury," said Lyle Ball, vice president of marketing
and communication at Lineo, a subsidiary of Caldera
that continues to sell DR-DOS. "We are very pleased
we will be able to present our entire case."
The four most recent rulings involved Caldera's claims
that Windows 95 constitutes an illegal tie of Microsoft
MS-DOS and Windows software products, that
Microsoft created intentional incompatibilities between
Microsoft Windows 3.1 and DR-DOS, that Microsoft
created perceived incompatibilities between Windows
3.1 and DR-DOS, and that Microsoft blacklisted DR
DOS developers from the Windows 3.1 beta.
"In denying Microsoft's motions on those four motions,
Judge Benson found there was sufficient evidence
supporting these claims to allow them to proceed to
trial," Ball said.
A Microsoft spokesman said the company was not
surprised by the latest ruling.
"As expected, the court's ruling echoed what he had
already stated from the bench and denying our motions
and allowing Caldera the opportunity to prove its
allegations," said Jim Cullinan, a Microsoft spokesman.
"This is no surprise, and we look forward to making our
case beginning early next year."
Cullinan reiterated Microsoft's position that Caldera's
claims are groundless and based on an attempt "to get
money from Microsoft." Furthermore, he said the case
is about obsolete technology.
"We believe that when you look at each and every
allegation, Caldera fails to meet it burden of proof," he
said.
Both sides will have two more chances to prepare for
the January jury trial. At a hearing on Nov. 10, Caldera
is asking for two additional witnesses. A final, pre-trial hearing is set for Dec. 7.
Meanwhile, Microsoft still awaits word from the federal
judge overseeing the U.S. Department of Justice and 19
states vs. Microsoft antitrust case. Judge Thomas
Penfield Jackson has said his initial findings of fact will
be released late on a Friday afternoon, but he has not
said which Friday.
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