Caldera News



Nationıs Only Private Antitrust Lawsuit Against Microsoft Adds Claim that Microsoft
Illegally Tied MS-DOS Into Windows 95

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.

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.


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 —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.


Caldera, Inc.

Lyle Ball

Tel: (801) 426-5001x305

Fax: (801) 426-6166