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"Microsoft is Using Lawsuits as a Battering Ram to Smash Linux," Says Robertson

"Microsoft is Using Lawsuits as a Battering Ram to Smash Linux," Says Robertson

In the Stockholm City Court, in the Swedish capital, a magistrate yesterday issued a restraining order under the terms of which Lindows.com must cease distributing Lindows in Sweded.

The case was handled in the absence of the parties, and Ulrika Carlehall, the magistrate, basically agreed to the claim raised by Microsoft against Lindows.com for trademark infringement and to its request that the city court prohibit Lindows.com from using the marks LINDOWS, LINDOWS.COM and LINDOWS.OS "as marks for products or services regarding operative systems" - under a penalty of three million Swedish kroner ($400,000).

Microsoft had proposed that the penalty be five million.

San Diego, CA-based Lindows.com confirmed that CEO MIchael Robertson would be in Stockholm today all day until 1:00 PM and that those interested in speaking with him could register to do so.  Microsoft has requested that the city court immediately "and without Lindows.com being given the opportunity of a prior statement" issue a decree in accordance with the claim. In doing so, the city court declared as follows:

Microsoft has shown probable reasons for the alleged infringement. It may reasonably be expected that Lindows will continue the infringement and diminish the value of the sole right to the marks. A delay would imply a risk for damage. On these grounds an injunction shall be issued immediately.

Robertson in turn issued the following statement:

"Microsoft is using lawsuits as a battering ram to smash Linux, to prevent it from reaching retail stores. We're hopeful that the Judge will see Microsoft's true intentions are to sustain their monopoly and will grant Swedish computer users the same choices that global computer users are benefiting from. Microsoft tried this identical legal maneuver in the U.S., attempting to block the growth of Linux with mainstream computer users. The U.S. Courts denied their request multiple times and today more than 100 retailers sell Linux desktop and laptop computers, forcing Microsoft to compete in the United States for the first time in many years, giving consumers more choices and better prices."

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SYS-CON's Linux News Desk gathers stories, analysis, and information from around the Linux world and synthesizes them into an easy to digest format for IT/IS managers and other business decision-makers.

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