Legal Archive

Parallels Accused of LGPL Violation

SWSoft, the company behind Parallels Desktop for Mac, is possibly violating the LGPL license by using LGPL libraries from the WINE project without providing access to the source code. The WINE project first discovered the violation early this June, and after several failed attempts at getting the source code to the libraries, they set up a wiki page to keep track of the ongoing violation. The WINE project wants to resolve the issue "without starting legal action". Thanks to MacWereld for pointing this out .

Google Loses Anti-Trust Battle with Microsoft

Google lost its recent antitrust battle with Microsoft on Tuesday when a US District Court judge overseeing latter company's antitrust settlement declined to accept Internet search giant's request to extend the US government oversight of Microsoft's antitrust efforts. US District Judge Colleen Kollar-Kotelly, who was scheduled to review the report in a hearing on June 26, in her ruling, refused to consider Google's petition to have the agreement extended beyond November, when major parts of it expire.

Google Complains About Microsoft’s Vista

Internet search leader Google is trying to convince federal and state authorities that Microsoft's Vista operating system is stifling competition as the high-tech heavyweights wrestle for the allegiance of personal computer users. In a 49-page document filed April 18 with the U.S. Justice Department and state attorneys general, Google alleged that the latest version of Microsoft's Windows operating system impairs the performance of 'desktop search' programs that find data stored on a computer's hard drive. Besides bogging down competing programs, Google alleged Microsoft had made it too complicated to turn off the desktop search feature built into Vista.

Microsoft Threatens Its Most Valuable Professional

"What's the best way to attract a pile of threatening lawyers' letters from Microsoft? Sell pirate copies of Windows? Write a DRM-busting program? Londoner Jamie Cansdale has just discovered a new approach. He had the temerity to make Redmond's software better. As a hobby, Cansdale developed an add-on for Microsoft Visual Studio. TestDriven.NET allows unit test suites to be run directly from within the Microsoft IDE. Cansdale gave away this gadget on his website, and initially received the praises of Microsoft. In fact, Microsoft was so pleased with him, it gave him a Most Valuable Professionals award, which it says it gives to 'exceptional technical community leaders from around the world who voluntarily share their high quality, real world expertise with others'. However, his cherished status did not last."

European Court’s Microsoft Ruling September 17th

The European Union's second highest court is expected to rule on Sept. 17 whether the European Commission was right in 2004 to find that Microsoft violated antitrust laws, sources familiar with the matter said. Sept. 17 is the final working day before the retirement of Court of First Instance President Bo Vesterdorf, who is presiding over the landmark case. The ruling is expected to clarify whether the European Commission can continue to pursue the case, or whether it must pull back and permit Microsoft to continue its business practices.

Microsoft-Novell Agreement May Exclude Wine, OpenOffice

"Details of a controversial patent agreement between Microsoft and Novell have been revealed in Novell's SEC filings. The text of the agreement is now publicly available, but some parts - including one whole page - have been redacted. Although most of the details surrounding the agreement have already been disclosed, there are a few aspects of the deal that weren't previously known. Of particular interest is the language that describes exceptions to the patent indemnification agreement."

Microsoft: ‘We’re Not Litigating’

Microsoft has said it will not sue Linux users with regards to the company's patent claims. "We're not litigating. If we wanted to we would have done so years ago," said Horacio Gutierrez, Microsoft's VP for intellectual property and licensing, in an interview. When asked for a reply regarding the claim of Microsoft that the Linux kernel infringes 42 of its patents, Linus Torvalds replied: "Can you get a list of which ones? Before that, it's just FUD, and there's not a whole lot I can say or do. Is there prior art? Are they trivial and obvious to one skilled in the art? Would we need to work around them? We don't know, because all I've heard so far is just FUD. If MS actually wanted us to not infringe their patents, they'd tell us. Since they don't, that must mean that they actually prefer the FUD."

OIN: ‘We Stand Ready to Leverage Our IP Portfolio’

"Jerry Rosenthal, chief executive officer of Open Invention Network, has just issued a statement about the Fortune article, which I take as a warning to any litigious folks out there who might be thinking about litigation against Linux that any such action will have consequences. 'We stand ready to leverage our IP portfolio to maintain the open patent environment OIN has helped create,' the statement concludes." Sun's Schwartz chimes in too.

Microsoft Takes on the Free World

"Free software is great, and corporate America loves it. It's often high-quality stuff that can be downloaded free off the Internet and then copied at will. It's versatile - it can be customized to perform almost any large-scale computing task - and it's blessedly crash-resistant. A broad community of developers, from individuals to large companies like IBM, is constantly working to improve it and introduce new features. No wonder the business world has embraced it so enthusiastically: More than half the companies in the Fortune 500 are thought to be using the free operating system Linux in their data centers. But now there's a shadow hanging over Linux and other free software, and it's being cast by Microsoft. The Redmond behemoth asserts that one reason free software is of such high quality is that it violates more than 200 of Microsoft's patents."

Apple’s Interface Held to the Fire in Suit

Little-known intellectual property agency IP Innovation LLC and its parent Technology Licensing Corporation this week became the latest to claim that Apple had abused a patent they hold. Filed April 18th in a US district court in Marshall, Texas the four-page formal complaint purports that Apple has engaged in 'willful and deliberate' infringement of a computer control patent by selling its current Tiger operating system. On a related note, Microsoft has similar problems.

Microsoft Settles Iowa Consumer Antitrust Lawsuit

Microsoft reached an undisclosed settlement in a lawsuit claiming it used its monopoly position to overcharge Iowa consumers for software products including Windows and Word. Microsoft reached the deal with a statewide class of consumers who had purchased Microsoft products since 1994. The plaintiffs claimed the company violated Iowa antitrust law to charge inflated prices by taking advantage of its monopolies in personal computer operating systems and software applications.

Dell Faces Investor Lawsuit Over Intel Pact

"A new investor lawsuit against Dell accuses the computer maker of improperly accounting for hundreds of millions of dollars in payments from long-time partner Intel, a plaintiffs' attorney said on Friday. The lawsuit accuses Dell of artificially inflating profits "by secretly receiving approximately $250 million a quarter in likely illegal rebate kickbacks payments" from Intel in return for an exclusive deal to purchase Intel's microprocessors, class-action lawyer William Lerach told Reuters.

DRM, Vista, and Your Rights

"In the US, France and a few other countries it is already forbidden to play legally purchased music or videos using GNU/Linux media players. Sounds like sci-fi? Unfortunately not. And it won't end up on multimedia only. Welcome to the the new era of DRM!" Update: Norway's consumer ombudsman has ruled that Apple's Fairplay DRM is illegal. This follows the news that France and Germany have sided with Norway.

US Attorney Investigating Apple Stock Options

The U.S. Attorney's Office for the Northern District of California is investigating the stock options backdating activities of computer and consumer electronics manufacturer Apple. The federal action comes in the wake of the disclosure by Apple last month that it completed an internal investigation of options backdating and concluded that, although Apple chief executive officer Steve Jobs recommended some backdating of stock options for himself and other Apple employees, he wasn't aware of the accounting implications of those recommendations. Luke Macaulay, a spokesman for the U.S. Attorney's Office in San Francisco, confirmed the existence of the investigation, but did not provide additional details.

Judge Deals Blow to SCO’s IBM Lawsuit

"A federal judge on Thursday gutted SCO Group's USD 5 billion, Linux-related lawsuit against IBM - renewing debate about the Utah company's future. Concluding a six-week review, US District Judge Dale Kimball upheld federal Magistrate Brooke Wells' June decision to strike down two-thirds of SCO's allegations. The Lindon-based software company contends IBM violated its contract and copyrights when it allegedly leaked SCO-owned Unix code into the freely-distributed Linux operating system.

Microsoft’s Documentation Finally Gets a oui/ja/yes from Europe

"It's been a good week for Microsoft's documentation efforts as the company achieved important milestones with regulators on both sides of the Atlantic. US antitrust authorities signed off on Vista and IE7 and announced that Microsoft was making good progress in its efforts to document certain server protocols in Windows. In Europe, where Microsoft has encountered more problems and increased fines over the state of its documentation, the company got a rare bit of good news as the European Commission completed its initial review of the revised documents."

Vista Apparently Compliant with 2002 US Antitrust Ruling

US prosecutors say Windows Vista and the latest version of Internet Explorer apparently comply with the requirements of the 2002 antitrust judgement against Microsoft. In a joint status report filed Tuesday with the U.S. District Court in Washington, D.C., prosecutors said Microsoft appeared to be complying with the judgement, which found Microsoft abused its Windows monopoly and set down rules for the software maker to follow to avoid future anti-competitive behaviour. Prosecutors and Microsoft have been submitting joint reports on compliance to the court every six months.