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This is actually a really important point | 185 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
foget --> forget (in the title) (n/t)
Authored by: Anonymous on Monday, July 16 2012 @ 06:14 PM EDT
I wish the spell checker worked up there.

[ Reply to This | Parent | # ]

This is actually a really important point
Authored by: Anonymous on Monday, July 16 2012 @ 09:36 PM EDT
Novell are claiming antitrust with regard to *operating systems*, not *office
suites*. It's worth reading the opinion - the judge doesn't appear to be
anywhere near as clueless/biased as he seemed.

His main point seems to be that even if you accept that MS knew Novell were
using the namespace API and would be hurt by removing it... it doesn't matter.
That's probably/certainly abuse of monopoly to hurt Novell in the office suite
market (and he says as much), but extrapolating that to operating
systems/middleware is both kind of irrelevant as MS had no duty to help
*operating system* competitors and also depends on a whole lot of things that
aren't even hinted at being likely. Novell really are wildly speculating with
the middleware theories here - although again, there's no doubt that MS saw it
as a threat and tried to kill it.

One thing that stands out here is that Novell essentially claim that the time
taken in rewriting the file dialogs destroyed WP's marketshare, but were
unwilling to use the default windows file picker. Cross platform support
clearly isn't an issue here since both are windows specific - it's purely a
functionality choice. Novell are arguing they chose delay perfect office on
these file dialogs instead of accept the functionality regression and use the
default. That's not really attributable to MS (although they certainly killed
Novell's preferred choice that didn't by itself cause a major delay, it could
have been a small loss in functionality instead), that's a terrible commercial
decision.

[ Reply to This | Parent | # ]

Yes. Throwing out the claims was upheld (approved) on appeal.
Authored by: Anonymous on Monday, July 16 2012 @ 10:08 PM EDT
Throwing out the four claims was appealed by Novell. Keeping the remaining two was appealed by Microsoft. The appeals court upheld Judge Motz's decision.

I am pointing this out because some people probably won't want to believe that Judge Motz's decision throwing out most of Novell's case survived appeal. It did!

A later decision throwing out the remaining two claims on summary judgement was a different matter. That was overturned. That doesn't bring back the four claims that were originally thrown out, though.

[ Reply to This | Parent | # ]

Even worse: 5 of 6 Novell claims already thrown out
Authored by: Anonymous on Wednesday, July 18 2012 @ 12:28 AM EDT
Claim 6 was also thrown out. So that just leaves one.

[ Reply to This | Parent | # ]

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