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Re: Novell is dead. Long Live Novell

Cross-posted to 3 groups.

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On Tue, 29 Apr 2014 04:57:23 -0700, Rob <meer5tt@privacy.net> wrote:

>http://in.reuters.com/article/2014/04/28/usa-court-software-idINL2N0NH0Y420140428
>
>
>U.S. top court declines to hear Microsoft antitrust case
>Mon, Apr 28 2014
>
>By Lawrence Hurley
>
>WASHINGTON, April 28 (Reuters) - The U.S. Supreme Court on Monday brought
>an end to Novell Inc's antitrust claims against Microsoft Corp that date
>back 20 years to the development of Windows 95 software.
>
>By declining to hear Novell's appeal, the court left intact a 10th U.S.
>Circuit Court of Appeals ruling from September 2013 in favor of Microsoft.
>
>The court of appeals unanimously affirmed the dismissal of Novell Inc's
>claims that Microsoft violated the Sherman Antitrust Act when it decided
>not to share its intellectual property while developing its Windows 95
>operating system.
>

     I freely admit I'm not a lawyer, so I could be way off here. 
     I can see no reason any company would be required to share its
intellectual property with any other company.

>Novell was seeking more than $3 billion.
>
>Since the 1990s, Microsoft has been pursued by government prosecutors,
>consumers and competitors for alleged antitrust violations when it was
>widely considered a mighty monopolist.

     Windows was, and probably is, the most widely used OS. However,
there are many others. 

>
>The Novell case, which was first filed in 2004, was over Microsoft's
>decision not to share with Novell details about its Windows operating
>system. Novell claimed that its suite of applications, including
>WordPerfect, suffered as a result of Microsoft withholding the
>information.
>

     Maybe not the best move on MS's part, but I don't see an
anti-trust complaint.

>Novell alleged that Microsoft used its market power in operating systems
>to promote its own applications.
>

     I don't recall any promotions for MS apps back in the days of WIN
95. It was almost 20 years ago, so it's possible my memory may have
atrophied.
     I have a fuzzy memory for some print adds for Word during the
time of WIN 98.

>In a 2011 trial, a jury could not come to a verdict, but afterward U.S.
>District Judge J. Frederick Motz in Baltimore, who oversaw consolidated
>proceedings against Microsoft, ruled in favor of the software giant.
>
>Novell appealed Motz's ruling to the 10th Circuit but the court affirmed
>Motz's ruling, finding that Microsoft was under no obligation to share
>sensitive information with a competitor.

     Calling Novell a competitor may be a bit much. I don't think it
ever made an OS. And if I'm understanding correctly, the heart of the
complaint is in regards to the WIN 95 OS.

>
>The case is Novell v. Microsoft, U.S. Supreme Court, No. 13-1042.
>(Reporting by Lawrence Hurley; Additional reporting by Andrew Longstreth;
>Editing by Howard Goller and Alden Bentley)


-- 
Aibohphobia: The fear of palindromes.

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Novell is dead. Long Live Novell Rob <meer5tt@privacy.net> - 2014-04-29 04:57 -0700
  Re: Novell is dead. Long Live Novell RS Wood <rsw@therandymon.com> - 2014-04-29 17:14 +0000
  Re: Novell is dead. Long Live Novell chrisv <chrisv@nospam.invalid> - 2014-04-29 12:23 -0500
    Re: Novell is dead. Long Live Novell JEDIDIAH <jedi@nomad.mishnet> - 2014-04-29 13:28 -0500
      Re: Novell is dead. Long Live Novell gazelle@shell.xmission.com (Kenny McCormack) - 2014-11-10 04:22 +0000
        Re: Novell is dead. Long Live Novell Snit <usenet@gallopinginsanity.com> - 2014-11-09 21:32 -0700
        Re: Novell is dead. Long Live Novell chrisv <chrisv@nospam.invalid> - 2014-11-10 08:11 -0600
  Google has done what Novell couldn't.  Jeff-Relf.Me <@.> - 2014-04-29 13:53 -0700
  Re: Novell is dead. Long Live Novell K Wills <compuelf@gmail.com> - 2014-04-30 04:08 -0500
    Re: Novell is dead. Long Live Novell Tim Watts <tw_usenet@dionic.net> - 2014-04-30 12:14 +0100
      Re: Novell is dead. Long Live Novell JEDIDIAH <jedi@nomad.mishnet> - 2014-04-30 12:17 -0500
    Re: Novell is dead. Long Live Novell chrisv <chrisv@nospam.invalid> - 2014-04-30 07:01 -0500

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