To: Ibexx who wrote (5080 ) 2/10/1998 5:39:00 PM From: Flair Read Replies (2) | Respond to of 74651
Ibexx & all, "Caldera takes on Windows 95"news.com After receiving permission from a federal magistrate judge, Caldera has amended its private antitrust lawsuit against Microsoft to include evidence concerning Windows 95. Up to now, the suit has been limited to alleged wrongdoing concerning Windows 3.1 and MS-DOS, older versions of Microsoft operating systems that slowly are being phased out. The decision means that Caldera can add its voice to a growing chorus of critics who claim that Microsoft engages in anticompetitive practices when designing and marketing its dominant Windows 95 product. It also could prove to be a significant boon to Caldera's case. Until the court allowed us to include Windows 95 in our lawsuit, the case we've had has been very historical in nature," said Lyle Ball, a spokesman for Caldera. "Now it includes current behavior, so we get to use evidence we've gathered post-1995 to also prove our allegations against Microsoft." Caldera alleges that Microsoft illegally tied MS-DOS software to Windows and engaged in other anticompetitive practices intended to quash DR-DOS, a competing operating system that Caldera acquired from Novell. Microsoft has denied the charges. Two weeks ago, U.S. Magistrate Ronald Boyce of Salt Lake City ruled at a hearing that Caldera was free to amend its complaint to include allegations that Microsoft illegally tied MS-DOS to Windows 95. In addition to providing Caldera with more ammunition to bolster its charges, the ruling could allow the closely-held Utah software maker to collect substantially higher damages should it succeed in proving its case. At a hearing slated for tomorrow, the court is expected to hear Microsoft's request to delay the start of a jury trial scheduled for November. Caldera also plans to raise issues concerning the fact-finding procedure of the case, known as discovery. Rich Gray, an antitrust attorney with Bergeson, Eliopoulos, Grady & Gray, said that the decision is a clear victory for Caldera because the company is now allowed to introduce "potentially explosive" evidence to a jury. He warned, however, that Caldera has by no means won the war. "It certainly breathes life into an important lawsuit, but Caldera still has a lot of work to do," Gray said. For instance, he added, the company will have to demonstrate that there were no technological justifications for tying Windows software to MS-DOS. Caldera also must demonstrate that, were it not for Microsoft's allegedly anticompetitive activities, DR-DOS would have enjoyed gained significant market share. Neither allegation will be easy to prove, Gray said. Caldera filed its case in July 1996, alleging that Microsoft unnecessarily tied MS-DOS to Windows and made false promises, known as vaporware announcements, in order to eliminate DR-DOS. The suit is just one of a number of actions taking aim at Microsoft's allegedly anticompetitive practices.