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The 158 Exhibits Attached to Novell's Response to MS's Cross Motion for SJ in Antitrust Suit
Monday, November 30 2009 @ 02:35 PM EST

And now, as promised and thanks to your donations, we have the 158 exhibits, attached to Novell's response [PDF] to Microsoft's cross motion for summary judgment in the WordPerfect antitrust litigation. This is the other side of that story.

The Affidavit of Alex Hassid [PDF] is actually Exhibit 1, but they don't count it that way, as it lists what all the other 157 exhibits are:

  • Exhibit 1 - Notice of Filing of Lengthy Exhibit; filed in paper format: Expert Report of Ronald S. Alepin dated May 1, 2009.

  • Exhibit 2 - Paper filing: Rebuttal Expert Report of Ronald S. Alepin dated July 27, 2009.

  • Exhibit 3 Paper filing: Declaration of Roger G. Noll dated May 1, 2009.

  • Exhibit 4 -Paper filing: Reply Report of Roger G. Noll dated July 24, 2009.

  • Exhibit 5- Email from Bill Gates to others at Microsoft titled "Shell plans - iShellBrowser" dated Oct. 3, 1994.

  • Exhibit 6 - Relevant portions of the Deposition of Eric Meyers dated Sept. 28, 2001, JCCP No. 4106 (Super.Ct.Cal).

  • Exhibit 7 - Relevant portions of the Deposition of Jonathan Lazarus in this case dated Jan. 27, 2009.

  • Exhibit 8Relevant portions of the Deposition of Jeff Raikes in this case dated Jan 27, 2009.

  • Exhibit 9 - Relevant portions of the Deposition of Cameron Myhrvold in this case, dated Feb. 12, 2009.

  • Exhibit 10 - Relevant portions of the Deposition of Willard "Pete" Peterson, dated March 19, 2002, JCCP No. 4106 (Super. Ct. Cal.).

  • Exhibit 11 Triip Report for the Chicago User Interface Design Preview dated July 8-9, 1993.

  • Exhibit 12 - Trip Report for the Win32 Developers Workshop Featuring Chicago, dated Sept. 9-10, 1993.

  • Exhibit 13 - Document titled "WordPerfect for Win32 Development Chronology," dated April 15, 1994.

  • Exhibit 14 - Email from Brad Silverberg (Microsoft) to others at Microsoft regarding "FW:WP [Visit]" dated Nov. 18, 1993.

  • Exhibit 15 - Email from Scott Smith (Microsoft) to Bill Gates and others at Microsoft regarding "WordPerfect Briefing, Fri Jan 8th, Bldg 15 (EBC Room 1)" dated Jan. 7, 1993.

  • Exhibit 16 - Email from Doug Henrich (Microsoft) to Jon Lazarus and Paul Maritz (Microsoft) regarding "FW: Meeting Report: WordPerfect, PDF '93" dated Dec. 24, 1993.

  • Exhibit 17 - Email from Paul Maritz (Microsoft) to Ken Gregg (Microsoft) titled "FW: OLE 2 PDC meetings - please do not forward" dated Dec. 21, 1993.

  • Exhibit 18 - Email from Scott Smith (Microsoft) to others at Microsoft regarding "WordPerfect status for Chicago meeting" dates Nov. 5, 1993.

  • Exhibit 19 - Relevant portions of the Deposition of Greg Richardson, dated Dec. 13, 2001, JCCP No. 4106 (Super. Ct. Cal.).

  • Exhibit 20 - Relevant portions of the Deposition of Bill Gates, dated Feb. 27, 2002, JCCP No. 4106 (Super. Ct. Cal.).

  • Exhibit 21 - Memorandum from a Microsoft Marketing team titled "Executive Summary: Desktop 95 Campaign" dated Jan. 12, 1995.

  • Exhibit 22 - Memorandum from John Sage (Microsoft) titled "Office FY95 Plan" dated April 4, 1994.

  • Exhibit 23 - Undated Novell document regarding Win32 Conference Issues.

  • Exhibit 24 - Microsoft press release titled "Windows 95 Announced As Offficial Name For Microsoft Windows 'Chicago'" dated Sept. 8, 1994.

  • Exhibit 25 - Email from Tammy Steele (Microsoft) to others at Microsoft regarding "Windows 95 Evangelism Wrap-up Report" dated October 18, 1995.

  • Exhibit 26 - Fax from Brad Struss (Microsoft) to Todd Titensor (Novell) regarding the Windows 95 logo program, dated Jan. 18, 1995.

  • Exhibit 27 - Email from Brad Struss (Microsoft) to others at Microsoft regarding "Draft: First Wave Plan for H1 95" dated Dec. 15, 1994.

  • Exhibit 28 - Relevant portions of the Deposition of Scott Henson in this case, dated Dec. 17, 2008.

  • Exhibit 29 - Relevant portions of the Deposition of Brad Struss in this case, dated Jan. 14, 2009.

  • Exhibit 30 - Relevant portions of the Deposition of Doug Henrich in this case, dated Jan. 8, 2009.

  • Exhibit 31 Email from Bill Gates to others at Microsoft regarding "RE: Os/2 status," daated May 4, 1993.

  • Exhibit 32 Email from Brad Silverberg (Microsoft) to others at Microsoft regarding "FW: WfW, DDJ," dated Oct.4, 1993.

  • Exhibit 33 - Email from Jim Allchin (Microsoft) to others at Microsoft regarding "Novell", dated March 28, 1993.

  • Exhibit 34 - Email from Jim Allchin (Microsoft) to others at Microsoft regarding "Customers and Novell," dated Sept. 18, 1993.

  • Exhibit 35 Email from John Ludwig (Microsoft) to others at Microsoft regarding "RE: shell in office," dated June 15, 1993.

  • Exhibit 36 - Memorandum from Steve Ballmer (Microsoft) to others at Microsoft titled "FY95 Planning Memo," dated April 4, 1994.

  • Exhibit 37 - Email from Bill Gates (Microsoft) to others at Microsoft regarding "Novell", dated March 23, 1994.

  • Exhibit 38 Email from Mike Murray (Microsoft) to Bill Gates (Microsoft) regarding "Novell/WP," dated April 5, 1994.

  • Exhibit 39 - Email from Bill Henningsgaard (Microsoft) to Pete Higgins (Microsoft) regarding "FW: Novell", dated March 24, 1994.

  • Exhibit 40 - Copy of the PerfectOffice Product Sales Guide dated Fall 1994.

  • Exhibit 41 - Email from Mike Maples (Microsoft) to Pete Higgins and Chris Peters (Microsoft) regarding "RE: Competitive Update: Novell/WordPerfect PerfectFit Program", dated July 4, 1994.

  • Exhibit 42 - Email from Scott Raedeke (Microsoft) to others at Microsoft regarding "Competitive Update: Novell/WordPerfect PerfectFit Program," dated June 30, 1994.

  • Exhibit 43 - Press Release titled "Novell Ships PerfectOffice Developer Reference Set," dated May 16, 1995.

  • Exhibit 44 - Microsoft draft slideshow by Cameron Myhrvold titled "Recruiting Developers for Office," dated July 22, 1994.

  • Exhibit 45 - Relevant portions of the Deposition of Paul Maritz, Antitrust Investigative Demand No. 10807, dated May 24, 1994.

  • Exhibit 46 - Relevant portions of the Deposition of Brad Silverberg, Antitrust Investigative Demand No. 10807, dated June 23, 1994

  • Exhibit 47 - Email from Brad Silverberg (Microsoft) to Paul Maritz (Microsoft) regarding "standards," dated January 19, 1994.

  • Exhibit 48 - Email from Bob Frankston (Microsoft) to others at Microsoft regarding "RE: Frankenberg speech at Agenda," dated October 5, 1994.

  • Exhibit 49 - Email from Tanya van Dam (Microsoft) to others at Microsoft regarding "Novell's Strategic Direction," dated Sept. 15, 1995.

  • Exhibit 50 User Requirements Specification for Thunder Internet Publishing, dated April 6, 1995.

  • Exhibit 51 - User Requirements Specification for Storm Internet-Enabling, dated March 31, 1995.

  • Exhibit 52 - Undated chart titled "Netscape Navigator".

  • Exhibit 53 - Concept Design Specification for PerfectOffice 7 (Storm) Web Browser API, dated Aug. 3, 1995.

  • Exhibit 54 - Email from Warren Buffett to Jeff Raikes (Microsoft) regardings "Re: Go Huskers!" dated Aug. 21, 1997.

  • Exhibit 55 Trip Report from the Win32 Developers Workshop Featuring Chicago, dated Sept. 9-10, 1993.

  • Exhibit 56Microsoft Slideshow titled "New Windows 'Chicago' UI: What It Means For Your Application," dated Dec. 1993.

  • Exhibit 57 - Email from Brad Struss (Microsoft) to Doug Henrich (Microsoft) regarding "FW: Namespace Extension Decision," dated Oct. 12, 1994.

  • Exhibit 58 - Email from Brad Silverberg (Microsoft) to others at Microsoft regarding "FW: Explorer and scope pane and REN," dated March 31, 1994.

  • Exhibit 59 - Email from Brad Silverberg (Microsoft) to to Jim Allchin (Microsoft) regarding "RE: Chicago UI design preview," dated July 13, 1993.

  • Exhibit 60 Trip Report for the Chicago User Interface Design Preview, dated July 8-9, 1993.

  • Exhibit 61 - Article from Microsoft's Developer Relations Group titled "Diving into the New Windows Logo Requirements," dated July 14, 1994.

  • Exhibit 62 - The WordPerfect Windows 95 Shell Integration documentation, with various revisions dated Sept. 1994.

  • Exhibit 63 - Relevant portions of the Deposition of Norman Thomas Creighton, JCCP No. 4106 (Super. Ct. Cal.), dated March 22, 2002.

  • Exhibit 64 - Email from Brad Silverberg (Microsoft) to Russ Siegelman (Microsoft) regarding "RE: propossed iShellBrowser solution for Marvel," dated Oct. 5, 1994.

  • Exhibit 65 - Email from Brad Struss (Microsoft) to others at Microsoft regarding "ISV status on Namespace Browswers/explorer extensibility," dated Sept. 22, 1994.

  • Exhibit 66 - Email from Dennis Adler (Microsoft) to others at Microsoft regarding "My notes from retreat," dated June 14, 1993.

  • Exhibit 67 - Undated Microsoft slideshow regarding increasing the sales of Microsoft Office.

  • Exhibit 68 - Microsoft document titled "Office Shell Ideas and Issues," dated July 2, 1993.

  • Exhibit 69 - Relevant portions of the Deposition of Willard "Pete" Peterson in this case, dated Octobere 1, 2008.

  • Exhibit 70 - Expert Report of R. Glenn Hubbard, dated June 24, 2009.

  • Exhibit 71 - Expert Report of Frederick R. Warren-Boulton, dated May 1, 2009.

  • Exhibit 72 - Reply Report of Frederick R. Warren-Boulton, dated July 27, 2009.

  • Exhibit 73 - Exhibit 12 to the Deposition of Satoshi Nakajima in this case, dated Feb. 24, 2009.

  • Exhibit 74 - Expert Report of John K. Bennett, dated June 24, 2009.

  • Exhibit 75 - Relevant portions of the Deposition of Adam Harral, JCCP No. 4106 (Super. Ct. Cal.), dated Dec. 12, 2001.

  • Exhibit 76 - Novell document titled PerfectFit 95 Schedule Panic Mode Modification Recommendations," dated July 28, 1995.

  • Exhibit 77 - elevant portions of the Deposition of Gary Gibb in this case, dated March 17, 2009.

  • Exhibit 78 - Microsoft's Messaging Application Program Interface (MAPI) Overview, dated April 29, 1993.

  • Exhibit 79 - Memorandum on MAPI from Michael Zisman (Lotus) to Jim Manzi (Lotus), dated March 23, 1994.

  • Exhibit 80 - "MAPI 1.0 Beta Software Developer's Kit" Press Released, dated Nov. 23, 1993.

  • Exhibit 81 - Introduction to the Chicago Project, dated Sept. 1993.

  • Exhibit 82 - Email from Laura Jennings (Microsoft) to others at Microsoft regarding "NetWorld trip report," dated Feb. 19, 1992.

  • Exhibit 83 - Microsoft Windows "Chicago" Reviewer's Guide, dated May 1994.

  • Exhibit 84 - Relevant portions of the Deposition of Rich Hume in this case, dated March 24, 2009.

  • Exhibit 85 Article "Lotus, Novell say Microsoft is hiding MAPI extensions," dated March 13, 1995.

  • Exhibit 86 - Article "ISVs irate over private MAPI 1.0 extensions," dated March 13, 1995.

  • Exhibit 87 - Email from Michael Zisman regarding "MAPI Discussion with Microsoft," dated March 15, 1995.

  • Exhibit 88 - Email from Michael Zisman to Jim Manzzi regarding "Read before call with Herbold," dated March 14, 1995.

  • Exhibit 89 - Letter from Microsoft to Lotus beginning "Dear MAPI developer," dated July 21, 1993.

  • Exhibit 90 - Undated document titled "What is MAPI?".

  • Exhibit 91 - Email from Dave Miller (Novell) to David Bradford (Novell) regarding "Microsoft and Government Relations Committee meeting," dated Dec. 7, 1995.

  • Exhibit 92 - Email from Paul Smart (Novell) to Stewart Nelson (Novell) regarding "Re: Current Department of Justice Inquiry Into Microsoft - Forwarded," dated May 24, 1996.

  • Exhibit 93 Email from Rob Steele (Novell) to Dave Miller (Novell) regarding "MAPI Issues for GroupWise - Resend," dated Nov. 6, 1995.

  • Exhibit 94 - Email from John Gailey (Novell) to Eldon Greenwood (Novell) regarding "Re: Fwd: Outlook and GroupWise," dated March 7, 1997.

  • Exhibit 95 - Email from Rob Steele (Novell) to Frank Nutt (Novell) regarding "Problems with Microsoft continue...," dated March 10, 1997.

  • Exhibit 96 - Email from John Gailey (Novell) regarding "Re: Outlook Icon on Desktop," dated March 5, 1998.

  • Exhibit 97 - Unsigned letter from Ryan Richards (Novell) to Kenneth Gaul (DOJ) titled "New Information About GroupWise and MS MAPI," dated Nov. 12, 1998.

  • Exhibit 98 - Unsigned letter from Ryan Richards (Novell) to Kenneth Gaul (DOJ) titled "Incompatibilities between Novell's GroupWise and Microsoft's Windows 2000," dated June 7, 1999.

  • Exhibit 99 - Email from John Gailey (Novell) to others at Novell regarding "Re: DOJ Inquiry," dated March 4, 1998.

  • Exhibit 100 - Document titled "Printer Driver and Print Spooler".

  • Exhibit 101 - Document titled "Chapter 4 Print Processors," from Windows 95 DDK documentation, as cited in the Alepin Report and dated March 1995.

  • Exhibit 102 - Email from Stuart Jensen (Novell) regarding "DOJ Inquiry," dated July 13, 1995.

  • Exhibit 103 - Undated document titled "Microsoft Questions."

  • Exhibit 104 - Email from Bruce Brereton (Novell) regarding "Technology List," dated Jan. 2, 1996.

  • Exhibit 105 - Dataquest Perspective article titled "Windows 95 - The Road to Chicago," dated Dec. 26, 1994.

  • Exhibit 106 - Expert Report of Kevin M. Murphy, dated June 24, 2009.

  • Exhibit 107 - Email from Brad Chase (Microsoft) to others at Novell regarding "RE: Windows 95 Logo Program Requirements," dated April 3, 1995.

  • Exhibit 108 - Email from Mark Calkins (Novell) to Brad Chase and Brad Silverberg (Microsoft) regarding "Windows 95 Logo Program Requirements," dated March 6, 1995.

  • Exhibit 109 - Undated report titled "Competition in the Network Market: The Microsoft Challenge."

  • Exhibit 110 - Relevant portions of the Deposition of Tom Freeman in this case, dated March 31, 2009.

  • Exhibit 111 - Email from Ben Slivka (Microsoft) to Frank Artale (Microsoft) regarding "You stud!" dated Sept. 29, 1995.

  • Exhibit 112 - Relevant portions of the Deposition of Roger G. Noll in this case, dated Sept. 10, 2009.

  • Exhibit 113 - Relevant portions of the Deposition of Bill Gates in this case, dated May 19, 2009.

  • Exhibit 114 - Summary Judgment Ruling and Order entered in Comes v. Microsoft Corp., No. CL 82311 (Iowa Dist. Ct. Polk County), filed Nov. 1, 2006.

  • Exhibit 115 - Relevant portions of the Expert Deposition of Kevin M. Murphy in this case, dated Sept. 16, 2009.

  • Exhibit 116 - Microsoft's First Set of Requests for Production, dated July 20, 2005.

  • Exhibit 117 - Microsoft's First Set of Interrogatories, dated Feb. 28, 2008.

  • Exhibit 118 - Novell's Objections and Responses to Microsoft's First Set of Interrogatories, dated April 7, 2008.

  • Exhibit 119 - Paper filing; Novell's Supplemental Responses to Microsoft's First Set of Interrogatories, dated Jan. 28, 2009.

  • Exhibit 120 - Relevant portions of the Deposition of Rich Hume in this case, dated July 15, 2009.

  • Exhibit 121 - Relevant portions of the Deposition of Rob Shurtleff in this case, dated January 14, 2009.

  • Exhibit 122 - Relevant portions of the Deposition of Tom Evslin in this case, dated February 19, 2009.

  • Exhibit 123 Rebate and Marketing Fund Addendum to the 1995/1996 Microsoft Channel Agreement.

  • Exhibit 124 - Pursuant to Local Rule 105.5(a) is a copy of Masimo Corp. v. Tyco Health Care Group, L.P., No. CV 02-4770 MRP, 2006 U.S. Dist. LEXIS 29977 (C.D. Cal.Mar. 22, 2006) aff'd, Nos. 07-55960, 07-56017, 2009 U.S. App. LEXIS 23765 (9th Cir. Oct. 28, 2009).

  • Exhibit 125 - Email from Tina Headley (Microsoft) to others at Microsoft regarding "FW: Office 2nd Half Initiative (North America): Avalanche," dated Oct. 6, 1994.

  • Exhibit 126 - Microsoft's Project Avalanche Plan - Draft 1.0 for Office 95.

  • Exhibit 127 - Internal Microsoft Memorandum titled "January/June 1994 Reseller purchasing and marketing fund policies Key changes memo -- final program roll-out," dated Jan. 18, 1994.

  • Exhibit 128 - Document titled "Office Drive/Incremental Share Program," dated Sept. 8, 1994.

  • Exhibit 129 - Microsoft's undated Direct Marketing/Mail Order Segment Overview.

  • Exhibit 130 - Rebate and Marketing Fund Addendum to The 1994/1995 Microsoft Channel Agreement with Microage Computer Centers, Inc., dated Dec. 1995-January 1995.

  • Exhibit 131 - Ingram Micro's 10K form, filed March 24, 1997.

  • Exhibit 132 - Copies of 17 separate rebate agreements between Microsoft and various parties.

  • Exhibit 133 - Stipulation entered into in the United States v. Microsoft, dated July 15, 1994.

  • Exhibit 134 - Relevant portions of the Deposition of Carl Sittig, JCCP No 4106 (Super.Ct. Cal.), dated May 30, 2001.

  • Exhibit 135 - Copies of 13 separate agreements between Microsoft and various distributors.

  • Exhibit 136 - Letter from William H. Neukom (Microsoft) to the Korean Fair Trade Commission titled "Microsoft Corporation OEM Licensing Policies," dated Feb. 7, 1992.

  • Exhibit 137 - Relevant portions of the Deposition of Carl Gulledge, JCCP No 4106 (Super. Ct. Cal.), dated May 18, 2001.

  • Exhibit 138 - Relevant portions of the Deposition of Thomas Gemmell, JCCP No 4106 (Super. Ct. Cal.), dated Oct. 2, 2001.

  • Exhibit 139 - Microsoft OEM License Agreement with Minimum Commitment Paymets with Lucky Computers, Inc., dated December 12, 1994.

  • Exhibit 140 - Microsoft OEM License Agreement with Infotel, Inc., dated Feb. 1, 1994.

  • Exhibit 141 - Amendment 1 to the License Agreement between Infotel and Microsoft, dated August 1994.

  • Exhibit 142 - Microsoft OEM License Agreement with Compaq Computer, dated Sept. 15, 1994.

  • Exhibit 143 - Exhibits to Microsoft's Licensing Agreement with Compaq Computer, dated Dec. 8, 1994.

  • Exhibit 144 - Relevant portions of the Deposition of Richard Fade, JCCP No 4106 (Super. Ct. Cal.), dated Oct.4, 2001.

  • Exhibit 145 - Undated document regarding Microsoft's Prepaid Balances for Worldwide OEM.

  • Exhibit 146 - Relevant portions of the Deposition of Robert Vellone, JCCP No 4106 (Super. Ct. Cal.), dated Dec. 19, 2000.

  • Exhibit 147 - Declaration of Hahns Burg, JCCP No 4106 (Super. Ct. Cal.), dated Aug.4, 2000.

  • Exhibit 148 - Memorandum from Asda Suwanawihok (Microsoft) to others at Microsoft titled "Market Share Data based on IMS Fast Track Information," dated Aug. 10, 1994.

  • Exhibit 149 - Memorandum from Asda Suwanawihok (Microsoft) to others at Microsoft titled "Market Share Data based on IMS Fast Track Information," dated Sept. 25, 1994.

  • Exhibit 150 - Memorandum from Asda Suwanawihok (Microsoft) to others at Microsoft titled "Market Share Data based on IMS Fast Track Information," dated Nov. 3, 1994.

  • Exhibit 151 - Chart of Novell's Business Applications Point of Sale Information from 1995.

  • Exhibit 152 - Novell, Inc.'s Form S-4/A, filed June 23, 1994.

  • Exhibit 153 - Novell's Business Applications Profit & Loss Statement and Estimate for 1995.

  • Exhibit 154 - Novell's Business Applications Profit & Loss Statement for 1995.

  • Exhibit 155 - Novell Applications Group's Revenue by Product Line for 1995.

  • Exhibit 156 - Novell's Gross Margin by Product in 1995.

  • Exhibit 157 - Email from Hank Vigil (Microsoft) to Dale Christensen (Microsoft) regarding "RE: PerfectOffice/WP sell through," dated Jan. 10, 1995.


  


The 158 Exhibits Attached to Novell's Response to MS's Cross Motion for SJ in Antitrust Suit | 90 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
correctshuns thread
Authored by: designerfx on Monday, November 30 2009 @ 02:52 PM EST
post um here.

[ Reply to This | # ]

newspicks thread
Authored by: designerfx on Monday, November 30 2009 @ 02:53 PM EST
please include a link in your comment.

[ Reply to This | # ]

The 158 Exhibits Attached to Novell's Response to MS's Cross Motion for SJ in Antitrust Suit
Authored by: Anonymous on Monday, November 30 2009 @ 02:54 PM EST
Suggestion: how about putting all of them, with the Novell response PDF, into a
single Zip file? That may help reduce bandwidth loads (especially if BitTorrent
can be used), and would also help those who feel the need to maintain this
material at multiple sites so we don't wind up with another
"Comes"-like sellout/seal by the courts later.

[ Reply to This | # ]

off topic
Authored by: designerfx on Monday, November 30 2009 @ 02:54 PM EST
off topic comments here

[ Reply to This | # ]

summary thread
Authored by: designerfx on Monday, November 30 2009 @ 03:12 PM EST
lets reply here and help PJ add a summary as to what each one of the 167 is so
that PJ doesn't have to look through them all.

[ Reply to This | # ]

"FW: OLE 2 PDC meetings - please do not forward"
Authored by: Anonymous on Monday, November 30 2009 @ 03:26 PM EST
Heh

[ Reply to This | # ]

#157
Authored by: rsteinmetz70112 on Monday, November 30 2009 @ 03:35 PM EST
January 10, 1995,

"PERFECTOFFICE is holding it's own with MSOFFICE; WP for Win is outselling
us over 3 to 1"

Us must mean MS Word.

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | # ]

  • #157 - Authored by: tiger99 on Monday, November 30 2009 @ 04:09 PM EST
    • Hmmm... - Authored by: Anonymous on Tuesday, December 01 2009 @ 01:47 AM EST
      • Hmmm... - Authored by: tiger99 on Tuesday, December 01 2009 @ 08:13 AM EST
        • Hmmm... - Authored by: Anonymous on Tuesday, December 01 2009 @ 11:40 AM EST
    • What you're really seeing - Authored by: Anonymous on Tuesday, December 01 2009 @ 11:37 AM EST
The 158 Exhibits Attached to Novell's Response to MS's Cross Motion for SJ in Antitrust Suit
Authored by: Anonymous on Monday, November 30 2009 @ 05:40 PM EST
34 has a great conclusion. After much counsel on how to handle novel. The ending
is quite blunt or just a very bad analogy.

"This isn't really that hard. If your going to kill someone there isn't
much reason to get all worked up about it and angry-- you just pull the trigger.
Angry discussions beforehand are just a waste of time. We need to smile at
Novell while we pull the trigger."
signed jim

***********************************************
Bad business talk....Should be ashamed of such language. Wasn't he fired?

[ Reply to This | # ]

Exhibit 54: Email from Warren Buffett to Jeff Raikes
Authored by: Gringo on Monday, November 30 2009 @ 09:13 PM EST

This is a very personal two way email conversation between Jeff Raikes and Warren Buffett.

According to Wikipedia, Jeff Raikes was recruited to Microsoft by Steve Ballmer in 1981.

Wikipedia is wrong.

In the letter from Jeff Raikes to Warren Buffett dated Sunday, August 17, 1997 at 9:37 pm, Jeff Raikes states "I spent my first 10 years at Microsoft building Microsoft Office".

Wikipedia says by early 2008 Raikes was the President of the Microsoft Business Division and oversaw the Information Worker, Server & Tools Business and Microsoft Business Solutions Groups. He is now is the chief executive officer of the Bill & Melinda Gates Foundation.

This conversation between Jeff Raikes and Warren Buffett is fascinating in its own right, but I had to read it twice to determine its relevance to Novel vs Microsoft. I think it is key to documenting the market share growth of Microsoft Word. Jeff Raikes looks back at the previous 10 years and says...

"We were way behind in [market] share most of that time (less than 10%), but the shift to graphical user interface was the paradigm shift that allowed us to displace the old leaders (Lotus 1-2-3 and WordPerfect) and now be at 90% share." He goes on to place the blame for their loss in share squarely upon the shoulders of those two competitors, saying "Of course the key to this shift in share was their failure to identify the computing paradigm shift and properly invest in it."

Groglaw readers who are following Novel vs Microsoft may have a different perspective as to why these two companies, Lotus 1-2-3 and WordPerfect, lost their place in the market.

[ Reply to This | # ]

Exhibit 44
Authored by: Ian Al on Tuesday, December 01 2009 @ 04:11 AM EST
This is a (PDF of a) 1994 Powerpoint presentation from Cameron Myhrvold pointing
out that Perfect Office was destined to provide an office development platform
to an existing, extensive, Novell customer and developer base and that it was
essential that Microsoft Office was developed to do the same thing and that
Office had to become pre-eminent.

I flipped through my latest book, yesterday, called 'Database programming -
OpenOffice.org Base & Basic'. I quote: 'While going through the bookmarks...
to open the OpenOffice.org API page, I noted that the next bookmark was for the
pyUNO Bridge... I ran some tests and, as a last minute impulse, I decided to
include this [Python] chapter.'

There is no office development platform in Linux. You don't have to decide on
which one to invest your time. Linux is the everything development platform. You
often have complete freedom to choose your development tool of choice and not
that of the vendor, OS provider or application programmer. Suddenly, Linux looks
to me to be the senior partner.

And another thing. If you want an excellent vector graphics and bit-mapped
graphics program, do check out the Linux version of xaraXT. I'm old. I like Gimp
for bitmaps. I bought Adobe CS some years ago for Photoshop, InDesign and
Illustrator. InDesign is the only one left that outstrips its Linux equivalent,
Scribus. Because of the Adobe EuroPriceGouge (TM) I will never upgrade to the
latest version of CS. I am, now, left with a ragbag of XP supported programs
that I can't do without. Perhaps, when I get a new desktop, I will leave Windows
7+ alone and use my ageing XP machines as a ghetto for these ageing apps.
Windows will eventually be incompatible, anyway.

---
Regards
Ian Al

Linux: Viri can't hear you in free space.

[ Reply to This | # ]

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