Novell, Microsoft announce US$536m settlement

Novell's shares have climbed 11 percent in pre-open trading after news of a US$536 million settlement with Microsoft, and its plans to start another antitrust suit against the software maker

Microsoft said it has reached a multi-million dollar settlement with rival Novell over legal claims between the two companies related to Novell's NetWare operating system.

As a result of the settlement, Novell said that it has agreed to withdraw from the EU's antitrust case against Microsoft.

Joseph A. LaSala Jr, Novell's general counsel, said that while Novell feels it has played a "useful" role in those proceedings, the company is comfortable to withdraw from the case, as the EU's decision to punish Microsoft is currently under appeal.

"There is simply not much left for us to do," LaSala said in a statement. "We are pleased that we have been able to resolve a portion of our pending legal issues with Microsoft."

In related news, Microsoft announced on Monday that it has reached an agreement with the Computer & Communications Industry Association, an IT industry group, regarding antitrust issues between the two organisations.

While Microsoft and Novell settled one suit, they could not come to agreement over another issue. Novell also on Monday announced plans to file an additional antitrust claim against Microsoft before the end of this week, seeking unspecified damages related to Novell's WordPerfect software business.

As in the NetWare case, the WordPerfect suit will focus on Microsoft's business practices in the mid-1990s, which Novell has charged as anti-competitive. Novell said the WordPerfect suit will be filed in the US District Court in Utah.

"We could not resolve claims related to WordPerfect in any manner we thought appropriate, and we are prepared to turn to the courts to resolve it," Microsoft's general counsel Brad Smith said in a statement.

Microsoft has settled two other major legal issues against it recently. In April, Microsoft signed a 10-year pact with Sun Microsystems that called for the software company to pay Sun US$700m to resolve antitrust issues and US$900m to resolve patent issues.

In May 2003, the company paid US$750m to AOL Time Warner as part of a wide-ranging settlement that also called for the companies to jointly cooperate on software distribution and digital media.

Microsoft said that the Novell settlement would result in a charge of US$359m, or three cents a share, in its previously reported fiscal first-quarter results. The company said its revised quarterly earnings were US$2.53bn, or 23 cents a share, down from US$2.9bn, or 27 cents a share.

Overall, Microsoft said it could pay up to US$950m in additional antitrust claims, including up to US$200m above the amount mentioned in its most recent filing with the Securities and Exchange Commission.

Under terms of the CCIA deal, the organisation said that it will no longer seek a Supreme Court review of Microsoft's antitrust settlement with the US government, and pledged that it would not participate further as an intervener on behalf of the EU in Microsoft's appeal of the EU's ruling against it.

Microsoft said it will join the membership of CCIA, and will provide unspecified compensation to the CCIA for "certain legal-related expenditures" it has incurred over the past decade.

Advertisement

Talkback 1 comments

    For god sakes, WordPerfect was ...Anonymous -- 09/11/04

    For god sakes, WordPerfect was crap, get over it, I am sick and tired of people stealing money from Microsoft because their products are not as good as the Microsoft ones (hint hint, RealPlayer).

Latest Videos

Sponsored content

Power Centre - Content from our premier sponsors

Blogs

  • Chris Duckett Get extensions going in Firefox, redux
    Previously on Null Pointer we looked at getting extensions working in Firefox betas, and that was great until the fine folks at Firefox changed their minds.
  • Array How reliable is IP telephony?
    Have you ever heard a weird kind of hissing, crackling or popping noise when calling someone on an IP telephony line? How rare is the phenomenon these days?
  • Array Forget the NBN, 100Mbps is already here
    Telstra and TransACT will shortly begin offering 100Mbps broadband to many customers. By moving early, the companies have not only raised the bar for Australia's broadband services, but thrown down a challenge to a government that now faces increased pressure to deliver the NBN as promised.
  • More blogs »

Tags

Back to top

Featured