Novell and Microsoft Win Ruling in Lawsuit With the Final Frontier by Novell Inc
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1997 February 14
Novell, Inc. (Nasdaq: NOVL) and Microsoft (Nasdaq: MSFT) announced they have received a crucial ruling in their lawsuit against The Final Frontier Bulletin Board System (BBS). The United States Bankruptcy Court for the District of Arizona ruled that the system operator for The Final Frontier is responsible for damages to the software companies.
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Novell and Microsoft Win Ruling in Lawsuit With the Final Frontier
BBSPage
OREM, Utah, Feb. 24, 1997 - Novell, Inc. (Nasdaq: NOVL) and
Microsoft (Nasdaq: MSFT) announced they have received a
crucial ruling in their lawsuit against The Final Frontier Bulletin
Board System (BBS). The United States Bankruptcy Court for the
District of Arizona ruled that the system operator for The Final
Frontier is responsible for damages to the software companies.
Microsoft and Novell first became aware that The Final Frontier
was dealing in illegal software when investigators were able to log
onto the board using an alias and download the illegal software.
Further investigation revealed that The Final Frontier was a
member of two groups specializing in illegal software. The two
groups, Nokturnal Trading Alliance (NTA) and Rise in Superior
Couriering (RISC) are well known in the BBS world.
Investigators from Novell and Microsoft were able to verify 146
improper downloads in a very short period of time. The
Bankruptcy Court awarded $73,000.00 to Microsoft and Novell
based upon the number of illegal downloads of each company's
software. In its ruling the court stated, "The economic reality is that
any amount awarded is the functional equivalent of an economic
death sentence to this debtor ... if the debtor's financial
circumstances were better or the violations had been for profit, the
award would have been larger."
Harrison Colter, attorney for Novell, stated, "The judge's words
'economic death sentence' send a very powerful message. I hope
others get the message so that they do not suffer the same fate for
their illegal activities."
"Although we are competitors in the marketplace, the damaging
effects of software piracy greatly harm both of our companies and
ultimately the entire software industry and its consumers,"
commented Jim Lowe, Microsoft Corporate Attorney. "Neither
Microsoft nor Novell will stand by while bulletin boards illegally
offer our products to download."
Novell has established an anti-piracy group and telephone hot line
for reporting illegal use of Novell software or making related
inquiries. Call 800-PIRATES, 800-747-2837, or send e-mail to
piratesnovell.com.
Consumers with questions about the legitimacy of Microsoft
products should call the Microsoft Anti-piracy Hotline at 800-RU-
LEGIT or e-mail piracymicrosoft.com. To receive more
information about software piracy, call the Business Software
Alliance (BSA) Anti-piracy Hotline at 888-NO-PIRACY or
e-mail softwarebsa.org.
Founded in 1983, Novell is the world's leading provider of
network software. The company offers a wide range of network
solutions for distributed network, Internet, intranet and small-
business markets. Novell education and technical support
programs are the most comprehensive in the network computing
industry. Information about Novell's complete range of products
and services can be accessed on the World Wide Web at
http://www.novell.com.
Founded in 1975, Microsoft is the worldwide leader in software
for personal computers. The company offers a wide range of
products and services for business and personal use, each designed
with a mission of making it easier and more enjoyable for people to
take advantage of the full power of personal computing every day.
NOTE: Novell is a trademark of Novell, Inc. Microsoft is a
trademark of Microsoft, Inc.
SOURCE Novell Inc. /CONTACT: Karen Porter of Microsoft,
206-936-5992, or fax, 206- 936-7412, or Internet,
karenpormicrosoft.com; or Steve Kirk of Novell, 801-228- 8801,
or fax, 801-228-8875, or Internet, skirknovell.com/