lug-bg: MICROSOFT-CALDERA TRIAL

[ilko@xxxxxxxxxxxx (Ilko Gruev)]

chetivo !

 
   Computergram International, February 19
   MICROSOFT-CALDERA TRIAL DELAYED UNTIL JANUARY 2000
   By Rachel Chalmers 

   Microsoft Corp will face Caldera Inc in court on January 17, 2000. The
   case had been slated to start on June 7, but Microsoft's lawyers
   succeeded in postponing the trial date for more than six months,
   presumably so that the Redmond software giant could concentrate its
   attention on another trial now taking place in Washington DC. The cases
   are not dissimilar, and the similarities are unflattering to Microsoft,
a fact
   which may have contributed to the company's desire for a long delay.
   Caldera alleges that Microsoft built proprietary and technically
unnecessary
   "hooks" linking Windows 3.1 to MS-DOS so as to kill DR-DOS, in much
   the same way that the DOJ alleges Microsoft integrated Windows 98 with
   Internet Explorer in a bid to crush Netscape's Navigator. Caldera's one
   crumb of comfort is that Judge Dee Benson has said the January 17 date
   is solid and will not move again. "We're disappointed," admitted Caldera
   president Bryan Sparks, "we thought we could hold the original date."
   Sparks adds, however, that this is a big case - Microsoft's own lawyers
   have estimated that it will cost a billion and a half - and the trial
date is, of
   course, entirely at the court's discretion. Despite the delay, Sparks is
   confident of ultimate success. "They can run but they can't hi de," he
says.
   "We're going to get them eventually." The nine summary judgement
   requests Microsoft filed last week will be debated in open court from
   mid-April to May. Caldera's rebuttals have to be in by the end of March.
   Microsoft wants the case dismissed altogether. Caldera says all nine
   summary judgements should be denied, and Sparks notes his surprise that
   these documents were so detailed, considering how touchy Microsoft has
   been about confidentiality in the past. In fact, a third matter which
was also
   scheduled to be heard Thursday was the San Jose Mercury News's motion
   requesting the court to unseal Microsoft's confidential documents, but the
   judge didn't get around to it. Sparks notes that another case intervened,
   with the defendant brought in in chains. Thanks to the success of
   Microsoft's continuance motion, that's about as much courtroom drama as
   Caldera can hope to see, for the time being at least.

   This story reproduced by permission of Computergram International. For
   information and inquiries click on
   http://www.computerwire.com/computergram/?page=caldera. 

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