Legal Archive

Consumers Up In Arms Over Hard Drive Scam

Isn't it annoying when you buy a new 160 GB hard drive and when you get it all formatted and ready it'll only hold 152 GB? Well, a couple of guys are not going to take it lying down, and they've sued the major HD vendors (PC Makers) to prevent them from overstating their products' capacities. This issue is similar to that of the "viewable area" of CRT monitors, where manufacturers were eventually forced to admit that a 17" monitor actually has a 15.2" viewable area.

SCO vs IBM: Battle Continues

SCO has terminated IBM's Dynix licence. Dynix was a product developed by Sequent, which was acquired by IBM in 1999. Technology developed by Sequent for its Unix OS (Dynix) called Numa was subsequently rolled into Linux. According to this article at Vnunet.com, it looks like a lot of this goes back to SCO's bitterness about project Monterrey, a joint venture between SCO, Intel, and IBM. IBM withdrew from the project, which was SCO's last chance at the big time.

McNealy: “Don’t Touch” Linux Without Legal Guarantees

Scott McNealy, the chairman, president and CEO of systems vendor Sun Microsystems, has dramatically warned companies of the legal dangers of using open source software such as the Linux operating system. Following on from SCO Group's threats to sue Linux users over its intellectual property claims, McNealy told an audience of UK businesses that they should steer clear of open source software unless their suppliers can offer insurance against such legal action.

Intellectual Property and Linux

By now you have all undoubtedly heard about SCO's lawsuit against IBM and the threat that it reflects on the Linux community. The news sites and web forums have been alive with speculation about how this case will pan out, articles either show many shortcomings of Open Source development or how wrong SCO is and how bad they are going to lose.

One State Left in Microsoft fight

The Justice Department and 19 states have made peace with Microsoft Corp. over its monopolistic misdeeds. But Tom Reilly is still on the company’s case. The Massachusetts attorney general is the lone public sector holdout who has refused to settle with the Redmond, Wash.-based software giant over allegations that it attempted to crush competitors with monopolistic tactics.

UNIX’s Courtroom Adventures Continue

Apple Computer is being sued by The Open Group, the San Francisco company that claims ownership of the Unix trademark, for using the term Unix in conjunction with its Mac OS X operating system without a license. Apple has countersued, asking a judge to declare that the trademark is invalid, because the term Unix has become generic. This legal battle, though separate from SCO's recent claim that Linux uses copyrighted Unix source code, adds further fire to the debate over the custody of Unix--the 30 plus-year old OS originally developed by AT&T.

Microsoft Fires Back at Sun in Java Case

"Microsoft went on the offensive Friday in the antitrust case brought against it by Sun Microsystems, accusing its bitter rival of violating California law through 'unfair competition.' In a court filing, the software giant asked a judge for attorney's fees and damages to cover what it characterized as Sun's unlawful violation of a settlement inked in an earlier lawsuit over the Java programming language." Read more at News.com.

Judge Gives Mixed Ruling in Be/Burst/Sun-Microsoft Cases

Microsoft Corp. won some and lost some on Friday in its efforts to get a federal judge to dismiss antitrust lawsuits filed by Sun Microsystems Inc., Be Inc. and Burst.com Inc. U.S. District Court Judge J. Frederick Motz denied Microsoft's motions in the Be and Burst.com case in a hearing this morning. But this afternoon, Motz granted requests to dismiss some of the counts raised by Sun, while taking others under review.

Judge Orders MS to Carry Java

The order to carry Java with Windows will remain in force pending the final outcome of Sun Microsystem's antitrust lawsuit against Microsoft. According to Sun, Microsoft tried to marginalise Java by unfair usage of its software monopoly position, making Windows incompatible with its platform independent programming language. More info at CBSNews.com and CNET News.com.

Microsoft Shows Teeth to its Own Promoters

These frivolous news comes from fellow news web site, windowsxp.nu, which is one of the well known sites for Windows-related news on the web (traffic-wise seems to be similar to OSNews, around 90,000 page views per day). Microsoft sent a legal threat to Steven Bink to hand over the site before Dec 19th, otherwise they will respond legally. Microsoft has taken a similar hard line against other similar Web sites in the past; in 1998, the company demanded that Paul Thurrott should change the name of the 'Windows SuperSite' to 'SuperSite for Windows', and Active Windows was forced to change its name to ActiveWin. Read more for a short editorial on the subject.

Microsoft Gets Away With One

"In short words, the company broke the law--and got away with it. It's been a while, I know, since the Court of Appeals upheld the original trial's Findings of Fact, sending only the question of appropriate remedy back to the lower court for reconsideration. But as I noted at the time, one of the crucial questions was whether Microsoft could freely stifle potential competing technologies without abusing its monopoly powers. The company claimed that the very novelty of alternative platforms, such as the Java-enabled browser, kept them from being part of the market in which Microsoft's monopoly exists." Read the editorial at eWeek.

Greek Anti-Game Law Declared Unconstitutional

The court decided yesterday, at a trial where an internet cafe's owner was charged of letting his customers play Counter Strike, that the law that prohibited playing games is unconstitutional. This paves the way for the law to be struck down. There's some additional information at ZDNet UK.