Microsoft Ordered To Turn Over Code

A federal magistrate has ordered Microsoft Corp. to hand over its top-secret computer source code for Windows '95 to Caldera Inc., a small Utah software company suing it for alleged antitrust violations.

Magistrate Ron Boyce on Tuesday ordered Caldera to show the source code only to its attorneys and expert witnesses. He refused, however, to grant Microsoft's request to prohibit Caldera's witnesses from consulting on the design of any operating systems for the next 12 to 18 months.

The judge did agree to warn the Caldera experts and lawyers the code cannot be used for any purpose other than the litigation.

The source code for Windows '95 "is among the most valuable and confidential pieces of intellectual property in the world," Microsoft lawyer James Jardine.

Jardine said Microsoft will provide the code within five days.

Caldera, based in Orem, purchased Novell's DR-DOS operating program and business in 1996. It claims that Microsoft, developer of the competing MS-DOS system, has made false claims about the compatibility of its dominant Windows software with DR-DOS. It alleges Microsoft intentionally built "incompatibilities" into the system.

The accusations parallel in some ways the federal government's antitrust lawsuit against Microsoft. Justice Department officials claim the firm's alleged aggressive marketing strategies have hurt competitors.

Both DOS programs are operating systems, which enable personal computers to execute basic commands. Windows is a software overlay that allows a user to "point-and-click" on visual images using a computer mouse instead of typing commands.

Caldera also claims Microsoft used overly aggressive licensing agreements, selling MS-DOS and Windows software to computer manufacturers at unfair prices.