Caldera Antitrust Lawsuit Index
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Caldera Lawsuit

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                           Antitrust Lawsuit

Press Releases
U.S. District Court in Utah
Original Complaint
Amended Complaint 



May 3, 1999
Caldera Responds to Three of Microsoft's Motions
Caldera. today publicly filed responses to three of Microsoft's nine Motions for
Partial Summary Judgment in Caldera vs. Microsoft, an antitrust lawsuit in U.S.
District Court in Salt Lake City. "Using Microsoft's own documents, Caldera is
showing a side of history that the public has never seen," said Bryan Sparks,
President and CEO of Caldera, Inc. For full copies of the three responses filed
in court, click here. For full copies of News releases click here.


HTML                           PDF


April 28, 1999
Caldera Releases Statement of Facts to the Public
Caldera. filed a comprehensive, 188-page Statement of Facts in its antitrust
lawsuit against Microsoft. The statement will serve as a factual foundation for
subsequent filings required in response to Microsoft's nine motions of summary
judgment in Caldera v. Microsoft. In February, Microsoft submitted the motions
in an attempt to have portions of Caldera's case thrown out. Caldera's Statement
of Facts, along with soon-to-be-filed individual responses to Microsoft's
motions, introduce evidence never before made public that directly contradict
Microsoft's claims while establishing factual support for Caldera's claims.

Click here for a complete HTML file of Caldera's Statement of Facts.

Click here for complete PDF file of Caldera's Statement of facts. 

Click here for HTML file of Caldera's News release.

Click here for PDF file of Caldera's News release.

Microsoft, the Department of Justice and the Consent Decree of 1994
In 1994, Microsoft signed a consent decree with the Department of Justice that
provides Microsoft would not enter into certain license agreements. Microsoft
has suggested this defeat was somehow a victory, and was in fact no finding of
liability. Attorney General Janet Reno saw things differently, and said so on
July 16, 1994. Click here for more information. 

March 26, 1999
Caldera, Inc.'s Memorandum in support of the San Jose Mercury News, The Salt
Lake Tribune, and Bloomberg L.P. motions to intervene and unseal court file
Caldera supports the media's request to unseal documents related to Caldera's
antitrust case against Microsoft. Caldera attempted to file the memorandum under
seal due to Microsoft's designation of documents referenced therein as
confidential, but the United States Magistrate Judge found that the documents
are not confidential in nature and disallowed the filing under seal. Documents
referenced in this memorandum are on file at the U.S. Federal Court clerk's
office in Salt Lake City [Telephone 801-359-8888 for copies]. Reference case
#2:96-CV-0645B. See full text of Caldera's memorandum in support here.

March 15, 1999
United States Federal Courts set hearing dates in Caldera v. Microsoft
Microsoft Corporation has filed nine motions for partial summary judgment in the
antitrust lawsuit filed by Caldera, Inc. The Court has scheduled five dates for
hearings on those motions, beginning May 25, 1999 and ending June 16, 1999. See
full text of the Computergram story here.

February 19, 1999
Judge grants six-month trial delay in estimated $1.6 billion case
The judge overseeing the Caldera Inc. vs. Microsoft antitrust case moved the
trial start date back to Jan. 17, 2000. Five hearings were scheduled in the
months of April and May to hear Caldera's disputes of the nine summary judgment
motions filed by Microsoft last week. On Feb. 16, The San Jose Mercury News
joined the Salt Lake City Tribune requesting the U.S. District Court in Utah
unseal each of the sealed documents in the Caldera case, with the exception of
those which would cause either party "specific competitive injury" and also
requested that the court modify the protective order under which the current
case is operating. See full text of this story at Sm@rt Reseller. 

February 19, 1999
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. See full text of the Computergram story here.

February 17, 1999
MS heads for trouble in Caldera lawsuit
Microsoft has moved for summary judgement. Microsoft evidently feels it has not
got much chance of getting the whole action dismissed, so by chopping up
Caldera's various claims, it is hoping that at least some of the nine memoranda
it has just filed will strike gold, and result in some claims being dismissed.
Microsoft is well aware that its chance of prevailing before a Salt Lake City
jury is very slim indeed. Some of Microsoft's claims are unfounded or on very
thin legal ground. Although there can be no financial penalty on Microsoft as a
result of the Washington case, the prospect for a huge award in the Caldera
case, which would be tripled by law, seems high. See full text of this story at
The Register. 

January 7, 1999
Microsoft Backs Off In Caldera Antitrust Case
Caldera is celebrating Microsoft Corp.'s decision to withdraw a motion it filed
last fall seeking to have Caldera found in contempt of court for breaking
confidentiality agreements. When press reports began to surface regarding
alleged destruction of evidence issues that arose during Reichel's
deposition--which was sealed--Microsoft officials accused Caldera of
inappropriately providing protected information to the public. Caldera
maintained that no one in the company's employ ever broke confidentiality
agreements. According to a transcript of a Sept. 28, 1998, hearing on motions in
the Caldera case, Magistrate Ronald Boyce was none too happy that Microsoft was
seeking a contempt citation. See full text at both PCWEEK and Sm@rtReseller. 

November 1998
Were we wrong to defend Microsoft?
We supported Microsoft when its enemies and then government called it a
monopoly. We were inclined to see its success as honestly achieved. But we
believed that although Microsoft might use Windows to guarantee a market for its
other products, it should not use its OS to sabotage competitors. Now, email
exchanged between Microsoft's executives--subpoenaed by the Justice Department
and first reported on the Herring Online--suggests that Microsoft has for years
used Windows in ways that benefit neither consumers nor the industry. See full
text at The Red Herring.

September 29, 1998
Caldera/Microsoft case gets ugly
The Caldera Inc. vs. Microsoft Corp. antitrust case heated up Monday when
Microsoft requested that Caldera be slapped with a contempt order, claiming it
is illegally sharing confidential information safeguarded by protective order.
But the request for a contempt citation didn't stop Caldera from pursuing its
strategy of seeking to use the deposition of a former Microsoft official as
fodder for its case. "Reichel's deposition alleges some pretty serious things,"
said Caldera CEO Bryan Sparks. "Our lawyers said in court yesterday that in her
deposition Stefanie acknowledges the destruction of evidence that could have
been used in the original [U.S. Department of Justice] vs. Microsoft case. They
also said she didn't produce all the documents requested. She alluded to
documents we've never even seen." See full text at Sm&rtReseller.

September 28, 1998
Federal Court Rejects Microsoft's Request to Delay Antitrust Case
In a hearing held Sept. 28, 1998, the Federal court overseeing Caldera's
antitrust lawsuit against Microsoft. rejected a motion by the Redmond giant to
further delay the trial. Microsoft had requested a 120-day delay, but was told
by the courts that the existing trial by jury date of early June 1999 would not
be moved. The trial will take place in Salt Lake City. "Caldera is ready for our
jury trial to begin and very pleased that Microsoft was unsuccesfull in further
delaying this case," said Bryan Sparks, President and CEO of Caldera, Inc.

September 2, 1998
Microsoft witness admits to destruction of evidence
A key witness in the antitrust suit filed by Caldera against Microsoft has
admitted under oath that documents were deleted from computers in a Microsoft
office during the federal investigation of the software giant. During their
probes of Microsoft, Federal Trade Commission and Justice Department attorneys
had long suspected that evidence might have been withheld or deleted -- a charge
which Microsoft has consistently denied. See full text at Red Herring Online.

August 27, 1998
Old E-mail Dogs Microsoft in Fighting Antitrust Case
Previously secret E-mail messages are discussed in the latest findings of the
Caldera antitrust lawsuit against Microsoft.. The Wall Street Journal. article
contains fascinating facts about the latest developments in this case.
Subscribers to the Wall Street Journal can read the full story. Alternatively,
go to The Wall Street Journal Home page. - The Wall Street Journal

July 29, 1998
Caldera Obtains Win95 Code
A federal judge in Utah ordered Microsoft on Tuesday to 
hand the Windows 95 source code over to Caldera, a move that could help it to 
demonstrate claims of unfair competition by the world's biggest PC software 
company. The decision by US District Court Judge Ron Boyce is an important 
victory for Caldera. - Wired

July 29, 1998
Microsoft must hand over blueprints

Microsoft is under federal court order to surrender part of its blueprints for
Windows 95 to a rival in Utah that filed an antitrust case largely paralleling
the government's landmark lawsuit. - USA Today

July 21, 1998
New life For DOS?

The most talked about operating system in 1999? Read the story about how
Caldera DR-DOS and DR-WebSpyder are excellent solutions for embedded devices.
This article has been written by Jesse Berst for Anchordesk on ZDNET.

June 5, 1998
Antitrust Case Over MS-DOS Still Awaits Trial

Caldera accuses Microsoft of unfairly undermining the competing operating
system, DR-DOS, through licensing agreements, pricing schemes and misleading
public statements. The suit was filed in U.S. District Court in Salt Lake City
in 1996, says Microsoft.

May 18, 1998
Vaporware Goes to Court
With the myriad recent private and government-driven legal cases involving
Microsoft Corp. taking center stage, 
vaporware has moved from an invisible
demon to all-too-real grounds for legal action.

February, 1998
Will Caldera split DOS from Windows 95?
Caldera has been granted permission to add 
illegal tying of DOS to Windows 95
to its current complaint vs. Microsoft, a move that could have far-reaching

September, 1993
Examining the Windows AARD Detection Code
If you were one of the thousands of Windows 3.1 beta testers, and if you
happened to be using DR DOS rather than MS-DOS, you probably butted heads with a 
seemingly innocuous, yet odd, error message ... As you'll see, this message 
is a visible manifestation of a chunk of code whose implementation is 
technically slippery and evasive.

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