decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Since when is "you should have known we were scumbags" a defence? | 174 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Since when is "you should have known we were scumbags" a defence?
Authored by: PJ on Friday, July 13 2012 @ 07:52 AM EDT
Plus, as the article points out, no one could
avoid Microsoft at the time. If you were trying
to sell software, you were forced to deal with
them. They had 95% or so of the market.

[ Reply to This | Parent | # ]

Probably a very long time
Authored by: Anonymous on Friday, July 13 2012 @ 02:24 PM EDT
There are occasionally times where that can be part of a defense. This is one of
them.

First, a correction. The argument wouldn't have been "you should have
known..." it's "you must have known we were scumbags."

Don't forget that Novell can't make the obvious argument that Microsoft harmed
them in order to create that MS Office monopoly. Novell filed too late to put
forward that claim. The "you must have known we were scumbags"
argument would not have worked against that, but that's irrelevant because
that's not the claim here.

Novell has to make a much more convoluted argument to win. Their argument
requires them to prove a number of things. One of the things they are trying to
prove is that Novell's management was willing to do whatever was necessary to
ensure the success of WordPerfect and the associated middleware stuff in a
multi-platform basis. Yet, despite the fact that it was obvious that Microsoft
might not come through with the namespace APIs, management didn't do anything to
plan for that possibility. If they didn't bother doing that, why would we think
that they would bother doing the other difficult, costly, and non-obvious things
that would have been necessary?

One way for Novell to have overcome this problem (by demonstrating that it was
merely a matter of gullibility or wishful thinking on Novell's management's
part) would have been if Novell's management had a tentative plan for what they
would do with WordPerfect and the middleware once they were finished developing
the Windows 95 version, but they didn't.

To me, it looks like the new management were hoping WordPerfect would work out,
but weren't trying very hard to ensure that it would work out. That would have
been good enough to win the claim that Novell *can't* argue, but it's not clear
that it would be enough for what they *can* argue.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )