To: Sir Francis Drake who wrote (23181 ) 5/25/1999 2:37:00 AM From: RTev Read Replies (1) | Respond to of 74651
From the CNET story on the Caldera suit: Making sure that Microsoft attorneys in one court room don't trip up their colleagues in one of the other cases is a major concern.... Here's an example of that kind of cross-fertilization from the various cases. In the tax case I posted about earlier, Microsoft had to introduce one of the box-maker contracts that they've been careful to protect in the antitrust case. Although it probably doesn't add anything new to the case, it provides a useful exhibit for the DOJ's rebuttal expert witness.Dell faced restrictions at heart of antitrust case seattletimes.com While the restrictions have been a trial issue, the actual license agreements and their terms have been kept under wraps as trade secrets. A March 1, 1998, licensing agreement between Dell and Microsoft emerged in U.S. Tax Court.... The license prohibits Dell from configuring any programs to run when the computer is first booted up if they "would replace or obscure the Windows desktop screen with an alternative shell, background, screen saver, welcome screen or other screen." ... The government contends that Microsoft prohibited such "shells" because they feared that anything running on top of the Windows operating system could gain a following that could supplant it. ... U.S. District Court Judge Thomas Penfield Jackson, who is hearing the nonjury trial, broadly suggested in a meeting in chambers with attorneys March 31 that computer makers and consumers should be able to decide how to set up software on personal computers, sources close to the case said recently. If Jackson's remark was meant to jump-start settlement talks, it apparently didn't work. The two sides have not made much headway on settling the lawsuit, sources said....