FOR IMMEDIATE RELEASE Nationıs Only Private Antitrust Lawsuit Against
Microsoft Adds Claim that Microsoft Salt Lake City, UT -- Feb. 10, 1998--
Federal Court hearing Calderaıs antitrust lawsuit against Microsoft has
agreed to allow Caldera to amend its complaint and introduce evidence
at trial that Microsoft illegally created a technical tie of MS-DOS into
Windows 95. Caldera claims that the unnecessary technical tie of MS-DOS
into Windows 95 artificially created an impression that DOS on the desktop
was dead. In court, Caldera will show that this act and other practices
illegally eliminated competition to MS-DOS. This latest court decision
allows Caldera to extend its claims of illegal behavior and its request
for financial damages to include both historical and existing practices.
With this amendment, the courts are allowing Caldera to include consideration
of Microsoftıs Windows 95, Windows 3.1 and MS-DOS market shares when calculating
both the industry effect of Microsoftıs alleged monopolistic practices
and the financial damages being sought by Caldera. PRESS CONTACT: Caldera, Inc.
Lyle Ball
Tel: (801) 426-5001x305
Fax: (801) 426-6166
Caldera News
COMPLAINT AGAINST MICROSOFT
Illegally Tied MS-DOS Into Windows 95
³This amendment to our antitrust case is not about the benefits or features
of Windows it is about an illegal tie of MS-DOS into Windows 95. We
allege Microsoft created this illegal, artificial tie for the dominant
purpose of eliminating competition,² said Bryan Sparks, President and
CEO of Caldera. ³The evidence we have to support this new claim coupled
with the evidence we have to support our other claims extends our conviction
that we will win.²
Caldera can demonstrate that Windows 95 runs on DR-DOS, Calderaıs version
of DOS, demonstrating that no technological dependency exists between
MS-DOS and Windows 95. In court, Caldera will use this fact to prove that
the unnecessary tie between MS-DOS and Windows 95 is one of the many illegal
and predatory tactics Microsoft has used and continues to use to maintain
its desktop monopoly power.
In November 1997, the court denied Microsoftıs motion to change the venue
of Calderaıs trial from Salt Lake City, Utah, to Seattle, Washington.
This case is currently scheduled for jury trial in November 1998 in Federal
Court located in Salt Lake City, Utah.
EDITORıS NOTE
On Wednesday, February 11, at 2:30 p.m. MT, Caldera and Microsoft are
scheduled to make their next motions before the Salt Lake City-based Federal
Court. Please contact the court or Caldera for additional information.
For more information
about this lawsuit or Caldera products and technologies, please call (888)
463-7367 in the United States, or (801) 426-5001 outside of the United
States. Send E-mail to ³info@caldera.com²
and visit Calderaıs Web site at www.caldera.com.
—end— Caldera is a registered trademark in the United States
and other countries; and OpenLinux, DR-DOS, and DR WebSPYder are trademarks
or registered trademarks of Caldera Inc. All other products, services,
companies and publications are trademarks or registered trademarks of
their respective owners.