Patent court rules on Microsoft, Amado case
,----[ Quote ]
| A federal court which hears patent appeals told a lower court on Tuesday to
| reconsider damages that Microsoft (MSFT.O: Quote, Profile, Research) must pay
| a Guatemalan inventor for infringing his software in its popular Office
| Suite.
`----
http://www.reuters.com/article/technologyNews/idUSN2634164520080226
More fines later today. Billions of dollars for market abuse. And now this:
Danish Unix User Group Files Complaint With EU Commission Against Denmark For
Mandating MSOOXML
,----[ Quote ]
| The Danish Unix User Group, DKUUG, has filed a formal complaint with the EU
| Commission regarding Denmark's mandating ECMA 376, better known by us as
| MSOOXML, for certain procurements.
|
| The complaint [PDF] is grounded in breach of the EC Treaty article 81 on
| unfair competition. The press release says that the regulation "can be seen
| as an attempt to continue the de facto monopoly of Microsoft in the Danish
| state on office software, as the various public agencies and institutions
| need to buy the products of Microsoft to comply to the regulation."
`----
http://www.groklaw.net/article.php?story=20080226164131724
Bad times for Microsoft -- a sweaty nervous wreck on the run.
Related:
EU May Fine Microsoft Over Antitrust Case, People Say
,----[ Quote ]
| The fine may be announced as soon as Feb. 27, said the people, who declined
| to be identified because the decision isn't public. Microsoft said in a Jan.
| 24 U.S. regulatory filing that the penalty may be as much as 1.5 billion
| euros ($2.2 billion).
`----
http://www.bloomberg.com/apps/news?pid=conewsstory&refer=conews&tkr=MSFT:US&sid=aG8SwG8llTmM
Microsoft's Last Big Beat: Internet Domination or Death
,----[ Quote ]
| What can $44.6B USD mean? Well, for Microsoft (MSFT) it may mean the cost of
| survival.
`----
http://seekingalpha.com/article/63876-microsoft-s-last-big-beat-internet-domination-or-death?source=yahoo
Microsoft says to borrow money for Yahoo deal
,----[ Quote ]
| Microsoft Corp said on Monday it may borrow money for the first time in its
| history to fund a portion of its $44.6 billion unsolicited offer for Yahoo
| Inc.
`----
http://www.reuters.com/article/companyNews/idUSN0455692920080205
Will Microsoft Survive the Next 10 Years?
,----[ Quote ]
| I am not really an expert in this but when I read all the negative
| headlines and articles I ask myself if Microsoft really will survive
| the next 10 years.
|
| [...]
|
| I am pretty sure that the Open Source Community, the new Ubuntu,
| Google and of course Apple are those companies that are ready for
| our century and they will get more and more people that know what
| they really want.
`----
http://websquirrel.blogspot.com/2007/03/will-microsoft-survive-next-10-years.html
P. Graham: Microsoft is Dead
,----[ Quote ]
| A few days ago I suddenly realized Microsoft was dead. I was talking
| to a young startup founder about how Google was different from Yahoo.
| I said that Yahoo had been warped from the start by their fear of
| Microsoft. That was why they'd positioned themselves as a "media
| company" instead of a technology company. Then I looked at his face
| and realized he didn't understand. It was as if I'd told him how much
| girls liked Barry Manilow in the mid 80s. Barry who?
|
| Microsoft? He didn't say anything, but I could tell he didn't quite
| believe anyone would be frightened of them.
`----
http://www.paulgraham.com/microsoft.html
Microsoft's DreamSpark – What a Giveaway
,----[ Quote ]
| The rest of the $44.6bn (£22.3bn) deal would be financed with an undisclosed
| amount of credit.
|
| What that means is that it must squeeze as much money as it can from its
| operations to fund that debt and still pay dividends to shareholders, who
| will be looking for some payback from the Yahoo takeover. Giving away
| software is the last thing it would want to do in these circumstances, and
| the DreamSpark announcement shows just how worried it is about the future.
`----
http://www.linuxjournal.com/content/microsofts-dreamspark-%E2%80%93-what-giveaway
Debt in Disguise
,----[ Quote ]
| The purpose of securitization is to make the credit rating of the company
| practically irrelevant in a financing, so that even in a bankruptcy the
| receivables cash flow will be protected....
|
| The rating agencies also rely greatly on legal constructs that say the
| payment stream to investors will not be hindered. For instance, the transfer
| of receivables to the SPE must be a "true sale." That is, the seller must not
| retain too much of the reward or the risk coming from the asset, says Robert
| Hahn, a partner with Hunton & Williams LLP. In addition, the SPE has to
| be "nonrecourse" — in other words, the company's creditors must not have
| claim to the assets of the SPE if the originating company goes bankrupt.
|
| "Securitization divorces the creditworthiness of the [company] from the
| credit of the pool," says Mark Spradling, a partner with Vinson & Elkings
| LLP. "True sale and nonconsolidation are part of that separation."
|
| But the opinion that legal control of receivables has passed to a third party
| has not been litigated in the bankruptcy courts....
|
| Tapping the capital markets without a lending bank in between means that even
| non-investment-grade companies can finance at near what triple-A companies
| pay.
`----
http://www.cfo.com/article.cfm/10013957/c_10203909?f=home_todayinfinance&x=1
Microsoft's 10-Q on the impact of litigation
,----[ Quote ]
| Antitrust, unfair competition, and overcharge class actions. A large number
| of antitrust and unfair competition class action lawsuits have been filed
| against us in various state, federal, and Canadian courts on behalf of
| various classes of direct and indirect purchasers of our PC operating system
| and certain other software products. We obtained dismissals of damages claims
| of indirect purchasers under federal law and in 15 states. Courts refused to
| certify classes in two additional states. We have reached agreements to
| settle all claims that have been made to date in 19 states....
|
| Other antitrust litigation and claims. In November 2004, Novell, Inc. filed a
| complaint in U.S. District Court in Utah, now consolidated with other cases
| in Maryland, asserting antitrust and unfair competition claims against us
| related to Novell’s ownership of WordPerfect and other productivity
| applications during the period between June 1994 and March 1996. ...
|
| Patent and intellectual property claims. We are vigorously defending more
| than 45 patent infringement cases. ...
|
| Adverse outcomes in some or all of the matters described in this section may
| result in significant monetary damages or injunctive relief against us that
| would adversely affect distribution of our operating system or application
| products. We may enter into material settlements because of these risks. ...
|
| As of December 31, 2007, we had accrued aggregate liabilities of
| approximately $840 million in other current liabilities and approximately
| $660 million in other long-term liabilities for all of the contingent matters
| described in this note. While we intend to vigorously defend these matters,
| there exists the possibility of adverse outcomes that we estimate could be up
| to $4.1 billion in aggregate beyond recorded amounts. Were unfavorable final
| outcomes to occur, there exists the possibility of a material adverse impact
| on our financial position and on the results of operations for the period in
| which the effects become reasonably estimable.
`----
http://www.sec.gov/Archives/edgar/data/789019/000119312508011476/d10q.htm
|
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