Microsoft Fights Back Against Bristol Technology's Lawsuit

As the ongoing legal battle between Microsoft Corporation and Bristol Technology continues, Microsoft has responded to Bristol's call for a preliminary injunction, accusing the company of using litigation as a means to gain access to source code on its own terms. Bristol initially accused Microsoft of denying it essential source code for its operations, breaching an existing deal, and attempting to make unreasonable terms for continuing licensing agreements. Microsoft's opposition memorandum argued that Bristol is trying to restrict the availability of applications for the Unix operating system. Meanwhile, Sun Microsystems has filed an amicus brief in support of Bristol, while Microsoft plans to use an email written by Netscape founder Jim Clark in its defense against antitrust accusations.

Key Takeaways:

• Bristol Technology has accused Microsoft of denying essential source code for its operations, breaching an existing deal, and attempting to make unreasonable terms for continuing licensing agreements.
• Microsoft has responded by filing an opposition memorandum, arguing that Bristol is using litigation as a means to gain access to source code on its own terms.
• Bristol claims that Microsoft's WISE Windows source code licensing program was used as a "Trojan horse" to entice Unix software developers to the Windows programming interface.
• Microsoft is resisting handing over the source code because it wants to restrict the availability of applications for the Unix operating system.
• Sun Microsystems has filed an amicus brief in support of Bristol, while Microsoft plans to use an email written by Netscape founder Jim Clark in its defense against antitrust accusations.
• Two professors at Harvard and the Massachusetts Institute of Technology are fighting Microsoft's subpoena for research and background documents related to their unpublished book on Netscape's errors and blunders in its attempt to fight Microsoft on the Internet front.

Statistics:

• Bristol Technology has accused Microsoft of breaching an existing deal and attempting to make unreasonable terms for continuing licensing agreements.
• Microsoft's opposition memorandum was filed in US District Court in Connecticut.
• Bristol's initial preliminary injunction brief was verified by company President Keith Blackwell.
• Sun Microsystems filed an amicus brief in support of Bristol, submitted by Director of Solaris Product Marketing Brian Croll.
• Microsoft plans to use an email written by Netscape founder Jim Clark in its defense against antitrust accusations.
• Two professors at Harvard and the Massachusetts Institute of Technology are fighting Microsoft's subpoena for research and background documents.

Sources:

• Bristol Technology Inc.
• Microsoft Corporation
• US Department of Justice
• Sun Microsystems Inc.
• Netscape Communications Corp.
• Robert MacMillan, Newsbytes News Network
• Wall Street Journal
• Boston Globe