Microsoft asks judge to dismiss Novell-WordPerfect case

The current anti-trust jury trial between Microsoft and Novell may end quicker than anticipated. The Associated Press (via ABCNews.com) reports that Microsoft's attorneys in the Salt Lake City trial asked U.S. District Judge J. Frederick Motz on Friday to dismiss the case entirely. Motz said that he would reserve a decision on the matter until later.

Novell claimed in its original lawsuit that Microsoft deliberately delayed the release of its Windows 95 operating system in the 1990s in order "to suppress the sales of WordPerfect and Novell's related office productivity applications." Novell sold off WordPerfect and its Quattro Pro applications to Corel back in 1996. Even with this sale, Novell is still asking the court to award them between $500 million to $1.2 billion in its lawsuit against Microsoft.

In the trial, which started in October, Microsoft's attorneys argued that the version of WordPerfect that was submitted to Microsoft for Windows 95 threatened to crash the operating system and that Novell's problems with WordPerfect were their own fault.

One of Novell's former CEOs testified in the case that he tried to take the company's complaints about its treatment by Microsoft directly to its chairman Bill Gates. On Friday, Judge Motz questioned Novell's attorneys, asking if there was any other evidence such as emails or letters that would back up such a claim. Novell's lawyers didn't produce such evidence which prompted Microsoft's attorneys to ask for a dismissal.

If Judge Motz rules that the jury trial should continue, Microsoft will begin presenting its full defense on Monday. Gates is expected to testify during this portion of the trial.

Report a problem with article
Previous Story

Gaming News Round-Up: November 18

Next Story

Microsoft patent application could monitor worker habits

26 Comments

Commenting is disabled on this article.

willwalk said,
Novell is living in the past! The judge should dismiss the case altogether!

Uh what? Logic must not be your strong point...

The case was brought to the court years ago. Novell shouldn't loose their day in court because the court has been slow...

In the trial, which started in October, Microsoft's attorneys argued that the version of WordPerfect that was submitted to Microsoft for Windows 95 threatened to crash the operating system and that Novell's problems with WordPerfect were their own fault.

Wait.. If a single word processor application can crash Windows 95, what does that say about the stability of the OS? Sounds like BS to me.

Joey S said,

Wait.. If a single word processor application can crash Windows 95, what does that say about the stability of the OS? Sounds like BS to me.

What does it say about a program if it can crash the OS? Hell there are still programs that do that - those that run in kernel mode (Nvidia's drivers come to mind). So the question you should ask yourself is: Why was Wordperfect programmed that way?

Furthermore: You may have not been around at that time; but Win95 was based on DOS and had no security features that NT offers…

MFH said,

What does it say about a program if it can crash the OS?

An application should not be able to crash the OS. Specially not one like a Word processor.

I don't think by applications he meant drivers.

I've heard of being butt hurt over lacklustre sales, but this just takes the cake. I'm sure Novell wasn't the only one who had their app get delayed.

It should be dismissed. It's a ridiculous case. Novell should take some responsibility for their problems... This sort of nonsense gets on my nerves...

Another attempt by Microsoft to squash was was and is still the premier work processing system. It is so much more intuitive--(a) reveal codes and (b) formatting PRECEDES the text to which applies, not FOLLOWS. That "follows" crap has been source of countless hours of aggravation trying to figure why formatting get all screwed up and one has to just delete the whole part and retype it.

TsarNikky said,
Another attempt by Microsoft to squash was was and is still the premier work processing system. It is so much more intuitive--(a) reveal codes and (b) formatting PRECEDES the text to which applies, not FOLLOWS. That "follows" crap has been source of countless hours of aggravation trying to figure why formatting get all screwed up and one has to just delete the whole part and retype it.

Now say that again in English please... Thank you...

It wouldn't surprise me if this was the shortest trial in history, considering how ridiculous this claim is.

I said this elsewhere, but I was in the '95 technical beta. It was delayed due to flaws, not Word Perfect.

Agreed. My favourite beta build was 437 that I managed to get running on a 486 with 4MB RAM. It thrashed the hell out of the hard drive though...

'Novell's problems with WordPerfect were their own fault.'

Exactly... Oh and for all I care, a company can freely block third party stuff from their system.

'You're trying to compete with my stuff on my OS? **** off, go build yourself your own OS.'

kavazovangel said,
'Novell's problems with WordPerfect were their own fault.'

Exactly... Oh and for all I care, a company can freely block third party stuff from their system.

'You're trying to compete with my stuff on my OS? **** off, go build yourself your own OS.'

agreed.

kavazovangel said,
'Novell's problems with WordPerfect were their own fault.'

Exactly... Oh and for all I care, a company can freely block third party stuff from their system.

'You're trying to compete with my stuff on my OS? **** off, go build yourself your own OS.'

How old are you?

kavazovangel said,

Old enough.

Very subtle way to avoid my question, it's actually pertinent. It seems you are not old enough to remember al the dirty stuff MS made.

Also, I bet you use apps that compete with ms ones, Im sure of it.

kavazovangel said,
Oh and for all I care, a company can freely block third party stuff from their system.

'You're trying to compete with my stuff on my OS? **** off, go build yourself your own OS.'

You can't be serious? Allowing OS manufacturers to block competitors software that conflicts with their own offerings would be (a) completely anti-competitive, and (b) could potentially set back computing DECADES. What if Firefox had never come around? We'd still be stuck with a variant of IE6. What about if they blocked Steam because it conflicted with Games for Windows Live? iTunes may never have come to Windows because it competes with Windows Media Player. And so on...

The reason personal computing has been allowed to flourish so much is simply BECAUSE we have choice. The internet (and particularly HTML/CSS/JS) has benefitted enormously because competition forces everyone to keep up to a similar standard.

sanctified said,

How old are you?

way for you to totally dismiss his arguement by attacking him.. geeze.. classic strawman attack

Lachlan said,

way for you to totally dismiss his arguement by attacking him.. geeze.. classic strawman attack

And if you see my reply wou'll comprehend my question was pertinent.

Sonic. said,
That's a blast from the past, I didn't know till a 7 years ago Windows 95 was codenamed "Chicago"

I remember playing with Windows 96 Nashville...

Early build of Windows Odyssey and later, Windows Neptune

Good old times.

Edited by FoxieFoxie, Nov 20 2011, 11:58am :

FoxieFoxie said,

I remember playing with Windows 96 Nashville...

Early build of Windows Odyssey and later, Windows Neptune

Good old times.

I remember Neptune I like the way the start menu looked when it was later changed in XP