Caldera News




U.S. District Court to Rule on Motions at Hearings Beginning May 25 in Salt Lake City

Salt Lake City, UT -- May 3, 1999 -- Caldera® today publicly filed responses to three of Microsoft's nine Motions for Partial Summary Judgment in Caldera vs. Microsoft, an antitrust lawsuit in U.S. District Court in Salt Lake City. These responses introduce evidence from Microsoft documents never before made public to contradict the assertions made by Microsoft in its Motions for Partial Summary Judgment in January. These responses also refer to evidence that was filed publicly last week as part of Caldera's Consolidated Statement of Facts.

"Using Microsoft's own documents, Caldera is showing a side of history that the public has never seen," said Bryan Sparks, President and CEO of Caldera, Inc. "We look forward to May and June, when U.S. District Judge Dee Benson will hear and consider these motions and our evidence in court."

Based on internal Microsoft documents, Caldera's responses to Microsoft's motions demonstrate that:

  • Microsoft used misleading product announcements, known in the industry as "vaporware", to dampen sales and diffuse interest in DR DOS
  • Microsoft used misleading statements about DR DOS to create FUD (Fear, Uncertainty and Doubt) in the industry
  • Microsoft used "per-processor" and other exclusionary licensing terms to block out DR DOS
  • Microsoft intentionally created incompatibilities to exclude DR DOS from competing in the marketplace
  • Microsoft created the misperception of incompatibilities which excluded DR DOS from consideration by OEMs, consumers and the media
  • Microsoft "black listed" Novell from getting access to a Windows 3.1 beta to hinder them from creating compatibility between DR DOS and Windows 3.1
  • Microsoft illegally tied two separate products, MS-DOS 7.0 and Windows 4.0, to create Windows 95, excluding DR DOS and reducing consumer choice

In addition, Caldera's responses show that: 

  • Caldera has standing and is entitled to bring claims for injury to DR DOS worldwide
  • Caldera timely filed its claim that Microsoft harmed DR DOS for an improper purpose by improper means


Today, Caldera filed its responses to Microsoft's Motions for Partial Summary Judgment regarding FUD, Vaporware and Licensing Practices. Caldera is scheduled to file responses to the remaining motions during the coming weeks. The U.S. District Court in Salt Lake City has scheduled five hearings to address these nine Motions for Partial Summary Judgment, beginning May 25 and ending June 16. A jury trial is scheduled for January 17, 2000 in Salt Lake City.

Additional Information

Complete copies of the three responses filed today, the Consolidated Statement of Facts, a Hearing Schedule and other information about Caldera vs. Microsoft can be accessed at

Caldera, Inc. can be reached at (801) 426-5001 or via e-mail to


Caldera, Inc., the parent company of Caldera Systems, Inc. and Caldera Thin Clients, Inc., was founded by Bryan Sparks in October 1994 as a start-up venture funded by Ray Noorda, former CEO of Novell®, Inc. Caldera Thin Clients, Inc. provides compact solutions designed for Internet set-top devices and other embedded OEM solutions, including DR DOS and DR-WebSpyder, a graphical, DOS-based Internet browser. Caldera Systems, Inc. designs, develops and markets a line of Linux-based business solutions, including OpenLinux, technical training and support.


Caldera, Inc.

Lyle Ball

Tel: (801) 426-5001x305

Fax: (801) 426-6166