Follow Slashdot stories on Twitter

 



Forgot your password?
typodupeerror
×
The Courts Government Microsoft The Almighty Buck News

Founder of Go Computer, Inc. sues Microsoft 370

wantobe writes "From Yahoo! News 'Microsoft saw Go's PC operating system as a serious threat to its operating system monopoly and took swift covert action to 'kill' it just as it did the Netscape/Sun Java threat to its monopoly," according to Go's private action in federal court. ' Are Kaplan's complaints warranted, or is he just taking advantage of some recent Microsoft court losses and trying to get his cut? "
This discussion has been archived. No new comments can be posted.

Founder of Go Computer, Inc. sues Microsoft

Comments Filter:
  • by Will Stewart ( 892360 ) on Wednesday July 06, 2005 @12:07PM (#12994761) Homepage
    It looks like opportunism to me. According to the lawsuit, Gates wrote in a memo, "guess I've made it clear that we view an Intel investment in Go as an anti-Microsoft move, I am asking you not to make any investment in Go." That doesn't seem like enough to dig up a 20 year old case, especially since the "grandfather clause" for those types of cases is 5 years.
  • by CyricZ ( 887944 ) on Wednesday July 06, 2005 @12:08PM (#12994772)
    Several years back Be, Inc., developers of BeOS, launched a similar lawsuit against Microsoft. While it was touted as the case that would demolish Microsoft, I believe they ended up settling. So I wouldn't be surprised if we saw a repeat in this situation.
  • by khoury.brazil ( 882366 ) on Wednesday July 06, 2005 @12:09PM (#12994781)
    I hate MS as much as the next guy but this sounds like a person who bought the company to sue and make some serious cash on the curtails of other companies legit claims against Microsoft. And on top of it all its a 20 year old claim. Where was the litigation 18, 17 or even 15 years ago?
  • give me a break... (Score:3, Interesting)

    by rwven ( 663186 ) on Wednesday July 06, 2005 @12:12PM (#12994815)
    This was like 20 years ago... Why is he just now pressing charges? It looks like someone is low on cash so they thought getting on the "Sue MS" bandwagon was a good idea.

    True: I do believe that if MS did do wrong, it should have it's tail whuped.

    Also True: The extremely late timing of this looks very suspicious. It looks more like he's grasping at financial straws...
  • Proposal (Score:2, Interesting)

    by JerkyBoy ( 455854 ) * on Wednesday July 06, 2005 @12:16PM (#12994851) Homepage Journal
    Reject any submission that ends with '?'. Makes the submission sound like a tabloid. Imagine an article in the NYT ending with a question mark. Doesn't make sense.
  • by suitepotato ( 863945 ) on Wednesday July 06, 2005 @12:17PM (#12994859)
    ...for just a few more months and closed it in 95, then where would this suit be?

    Of course, everyone ascribes to Microsoft the mastery of the mythical magical power of money, so therefore the only reason Microsoft would shut down an effort so soon after Go did and sold to AT&T would naturally be, mission accomplished. Not the very real reason that it was just not going to happen back in 1995 the way Go or Microsoft wanted.

    Go is being a real opportunist and they need to be slapped down. The Linux world needs to understand that their derision for Microsoft doesn't change the fact that opportunistic lawsuits happen all the time. The SCO affair should make that abundantly clear. How long till some small distro outfit sues Red Hat or Novell? If there's merit, there's merit, but this doesn't smell like it and neither does SCO's actions and if things keep up like this, it is bad news for any IT company for the future.
  • Geez (Score:1, Interesting)

    by Reality Master 101 ( 179095 ) <RealityMaster101@gmail. c o m> on Wednesday July 06, 2005 @12:29PM (#12994963) Homepage Journal
    Or maybe the Go operating system JUST SUCKED?? Naw, that couldn't be it. It has to be that handwriting recognition, which is barely usable even now, was miraculously good back in freaking 1987 and would have taken over the world if mean ol' Microsoft hadn't sent the blue helicopters.

    Not to mention that Microsoft didn't hold nearly the power back in '87 that they do now. Windows took over the world because it was better than the DOS-shell alternatives (better meaning "more compatible with DOS", which is Microsoft's big thing the Did Right). I used a lot of these things. They all SUCKED compared to Windows 3.1, which was way, way faster. I even remember an X-based shell. God was that thing bad. HP had a DOS shell that was interesting, but had major problems.

    People don't remember that there was a reason Microsoft won. They actually had a better product.

    The only thing that came along that was better was OS/2, and IBM made the fatal mistake of making it incompatible with Win32 and Windows drivers (which meant no software). Microsoft learned that compatibility was everything; IBM didn't. I even recall that IBM shipped OS/2 and Win 3.1 as a dual-load for awhile. It defaulted to OS/2, and you actually had to go through some steps to delete OS/2 and install Win 3.1, and people STILL installed Win 3.1.

  • Re:Kooks (Score:5, Interesting)

    by MooseByte ( 751829 ) on Wednesday July 06, 2005 @12:33PM (#12995012)

    3. Pay off gov't or company suing them.
    4. Profit.

    With all the dirt that's coming up as one antitrust suit cascades into another though, I start to wonder just how long Step 4 will remain viable for MS. Especially after the US$850 million settlement with IBM (which only settled some of the claims there, IIRC).

    To paraphrase a famous quote from a US Congressman, "A billion here, a billion there, pretty soon you're talking about real money."

    Karma's a bitch, and MS has bad karma by the cargo ship load to burn off.

  • OEM and MSFT (Score:2, Interesting)

    by everphilski ( 877346 ) on Wednesday July 06, 2005 @12:36PM (#12995059) Journal
    Also breaking the OEM and MSFT monopoly would have been a nice idea. So you would have to buy the 'expensive' software off the shelf. That might have made people think twice about buying it.

    That'd kinda be like selling appliances without power cords. Make people decide what source of power they want. I mean people could choose - wall sockets, solar power, nuclear reactor in their basement, hampster wheel, whatever. But you'd probably wind up with a lot of people who'd fry themselves trying to attach the default power method anyways, just like you would probably wind up with a bunch of people buying Microsoft products anyways. It's just not worth the trouble.
    -everphilski-
  • by szo ( 7842 ) on Wednesday July 06, 2005 @12:37PM (#12995062)
    Even if the technology was not there in '94, Go was a company comitted to develop it. May or may not they would suceeded with it by let's say '96, if they had the chance. Instead, I think something like this happened:

    1, Go starts do develop the technology.
    2, Need money, so make publicity, attract investors.
    3, MS smells competition, announces similar product
    4, investors think: why should I invest in Go, when MS will soon have the same product (competing with MS never good!), which (according to MS) will be as good as or better, run on windows, thus instantly have all win application, integrated, etc, you know the MS drill about a new product.
    5, Without money, Go folds.
    6, MS suddenly realizes that the handwriting is not so hot.
    7, The handwriting development stops for years, the world is set back in this field by about 5 years.

    MS did something illegal? Will be hard to prove. But they were well avare that anything they say, people listen, and abused their position.

    Szo
  • by Dasein ( 6110 ) <tedc@nospam.codebig.com> on Wednesday July 06, 2005 @12:48PM (#12995196) Homepage Journal
    You might also consider reading his book.

    Startup [penguingroup.com] it's pretty old at this point but I remember enjoying it. From the book, it's clear that he was comitted to Go.

    So, characterizing him as "sounds like a person who bought the company to sue and make some serious cash on the curtails of other companies legit claims against Microsoft" seems off base. I would probably say that it sounds like a guy who's startup got crushed then he sold the smoldering remains to AT&T. AT&T sat on it for a few years then the guy found out that his startup was crushed partly by illegal means. So, he buys the remains back and trys to go get the guys who messed him over.

    I'd say that there's nothing unsavory about that. I'd say that the unsavory is pretty much on Microsoft's end of the deal.
  • by RetiredMidn ( 441788 ) * on Wednesday July 06, 2005 @12:57PM (#12995289) Homepage
    I highly recommend reading Jerry's book [amazon.com], cited in TFA. Even if you take Jerry's claims with a liberal dose of salt, there are all sorts of signs of anti-competitive behavior, from arm-twisting potential partners of Go to possible violation of NDAs in the development of Microsoft's FUD^H^H^H PenWindows "alternative".

    Personally, I always wondered why the government didn't use the Go story in its antitrust case; it's a tidily packaged narrative that hits many of the low points in the patterns of Microsoft's behavior. OTOH, they had so much material to work with...

    As a struggling startup, Go didn't stand a chance in any possible legal action at the time, and AT&T didn't have the will (even if it did have the means) after Go was forced into selling out. Suing now may look opportunistic, but Jerry did only recently reacquire what's left of the company, and if he can demonstrate that illegal behavior by Microsoft contributed to the delay in his ability to pursue legal action, maybe he'll get his day in court.

    Disclaimer: I had occasion to work with Jerry for a while before he started Go, although that doesn't really predispose me to take his side.

  • by Kevin Burtch ( 13372 ) on Wednesday July 06, 2005 @01:22PM (#12995554)

    I have several NCR 3125 NotePad [geocities.com] computers that originally ran PenPoint OS.
    These devices were what Microsoft now calls "Tablet PCs".

    When they first came to market, Microsoft panicked and announced "Pen Extensions for Windows" (which added very little to Windows 3.1) and claimed that a buch of new systems were coming out to use it. Typical Microsoft vaporware tactics... everyone decided to wait for the wonderful new MS product instead of buying the PenPoint devices, and the market for them collapsed.

    Considering that it took them this long to actually produce a product, they obviously only made the annoucement to kill any potential competitor from gaining a foothold.
    Call it a conspiracy theory if you wish, but it's a court-proven tactic that MS loves to (ab)use and is quite famous for.

    The handwriting recognition in PenPoint was actually very impressive, by the way.
  • by micromuncher ( 171881 ) on Wednesday July 06, 2005 @01:38PM (#12995727) Homepage
    I don't think Kaplan's complaints are without merrit... because it happened to us.

    I worked at a company making "digital delivery" ware - stuff that allowed try-before-buy and key-based product unlocking from CD.

    Microsoft approached us with interest in the product. However, we could never get them to sign an agreement where they would commit to deploying the technology. They wanted absolutely every detailed spec including code for evaluation, without committing... it suffices to say after a few months with no agreement, we told them we would not release the jewels without an agreement where a product resulted.

    Within two weeks, Microsoft announced their own vapour competetive technology. Its FUD department was publishing slander against our product (their security experts saying DES was better than FEAL, lol). Microsoft was lobbying NTT against us as well as some of our clients. Some new clients bailed because they said "We'll wait for that microsoft solution."

    Does this sound like fair trade practice?
  • by Craig Maloney ( 1104 ) * on Wednesday July 06, 2005 @01:39PM (#12995739) Homepage
    I really wish there was a "retract comment" in Slashdot. I completely missed that this was framed in the context of 20 years ago. Now I remember them quite well.

    Argh. :)
  • by teromajusa ( 445906 ) on Wednesday July 06, 2005 @01:55PM (#12995903)
    IANAL, and clearly neither are you. Here's [usdoj.gov] what a bunch of lawyers have to say about it. Some relevant bits:
    33. Microsoft enjoys so much power in the market for Intel-compatible PC operating systems that if it wished to exercise this power solely in terms of price, it could charge a price for Windows substantially above that which could be charged in a competitive market. Moreover, it could do so for a significant period of time without losing an unacceptable amount of business to competitors. In other words, Microsoft enjoys monopoly power in the relevant market.

    Sounds a bit different than the dictionary definition, doesn't it? Could it be that the legal definition of a word is not always identical to what you see in the dictionary?
  • Re:Kooks (Score:3, Interesting)

    by Ibanez ( 37490 ) on Wednesday July 06, 2005 @02:17PM (#12996083)
    You mention timing in this case, which for most of us is used to signify opportunism, as you mention. But then again, at the time, if they had sued, they'd probably have been somewhat pushed aside by our courts as just having lost out because the technology wasn't there.

    But say they had managed, without Microsoft's tactics (whatever they might have been), to survive another three or four years, when the technology started to take off. By suing immediately, they were much more likely to lose because of the apparent lack of usefulness of the technology, vs. waiting till the technology is obviously viable.

    Blake
  • by dirk ( 87083 ) <dirk@one.net> on Wednesday July 06, 2005 @02:45PM (#12996362) Homepage
    My first thought is that MS didn't even qualify as a monopoly in 1994. This was when Windows 3.1 was out, and there were still a few different versions of DOS. MS was not the juggernaut it is now, no where near. Many PCs shipped with OSes other than MS. If MS wasn't a monopoly at the time (and I think it would be hard to say they were) there was nothing wrong with them asking Intel not to invest in Go. If it happened today, there would be no question of the legality (as in none). But assuming it was malicious and illegal then based on MS now is just wrong.

For God's sake, stop researching for a while and begin to think!

Working...