Bill Gates Takes Stand, Denies Microsoft Screwed Novell

Remember Novell? Back in the early 90’s if your office had a network, it probably ran on their software. Now Novell is suing Microsoft for $1 Billion, claiming the software giant violated anti trust laws when it allegedly duped Novell into thinking Wordperfect would be included in Microsoft’s Windows 95. (By then, Novell had bought the word processing program.)

Bill Gates claimed that Microsoft was innocent, when took the stand yesterday. Cross examination is expected to continue today.

Groklaw managed to dig up Novells’s actual filing which describes “how Microsoft stabbed it in the back”.

Here’s the PDF. Novell makes it’s case against Microsoft.

If you don’t have the patience to sift through it (we didn’t) you might be interested in some of “the bullet points”

The Sherman Act Precludes Monopolists From Excluding Potential
Competitors That Threaten To Commoditize The Relevant Market

Microsoft Engaged In Conduct Other Than Competition On The Merits
That Had The Effect Of Preventing Or Excluding Competition Or
Frustrating The Efforts Of Other Companies To Compete For Customers
Within The Relevant Market.

Microsoft Evangelizes The Namespace Extensions To
WordPerfect

Microsoft Withdraws Support For The Namespace Extension
APIs

Microsoft’s Deceptive Scheme To Eliminate WordPerfect Was
Deliberate and Premeditated

Microsoft’s Conduct Against Novell Was Part Of

Microsoft Feared the Threat Posed by Novell’s Office
Productivity Applications

WordPerfect’s Shared Code Technologies (“PerfectFit”) And
AppWare Constituted Middleware With The Potential To
Weaken The Applications Barrier To Entry Or “Moat”
Protecting Microsoft’s Monopoly Power In The PC Operating
Systems Market

Novell’s Office Productivity Applications Were “Key Franchises”
That Microsoft Sought to Own to Widen the Moat Protecting its
PC Operating Systems Monopoly

Novell’s Distribution Of Netscape Navigator Constituted A
Threat With The Potential to Weaken the Applications Barrier
To Entry Or “Moat” Protecting Microsoft’s Monopoly Power In
The PC Operating Systems Market

There Is Abundant Evidence In The Record To Show That Microsoft
Sacrificed Windows 95 Quality And Profits In The Short Run To Exclude
Potential Competition And Maintain Its PC Operating System Monopoly

Microsoft’s Conduct Did Not Make Business Sense Apart From Any Effect
It Has On Excluding Competition Or Harming Competitors

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