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This is an archive article published on November 25, 2004

EU judge calls hearing after Microsoft rivals quit

The judge considering Microsoft Corp’s appeal against the European Union sanctions has called a closed meeting for Thursday to decide w...

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The judge considering Microsoft Corp’s appeal against the European Union sanctions has called a closed meeting for Thursday to decide what action to take after two more major opponents of the US software giant withdrew from the case.

Novell Inc and the Computer and Communications Industry Association (CCIA) removed themselves from the lawsuit after Microsoft, maker of the dominant Windows operating system, agreed to pay each of them substantial sums in settlements. A source familiar with the case said Microsoft had paid about $20 million to CCIA, of which about $10 million went to the association’s president, Ed Black.

A Microsoft spokesman said the money was for CCIA as a whole and ‘‘it was of course up to the CCIA board to decide how to use the money it received from the company.’’ Microsoft said CCIA payment was ‘‘a reimbursement for certain legal and related expenditures that it had incurred,’’ and it had no idea of how the money would be allocated.

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Court of First Instance President Bo Vesterdorf called the meeting after two days of hearings to consider suspending EC sanctions that would force Microsoft to sell a version of Windows without its Media Player audiovisual software.

He called the new meeting to consider the impact of the moves by Novell and CCIA, a second source familiar with the situation said. The meeting will include not only the current parties to the case but also those who have dropped out, the second source said.

A Microsoft spokesman said the company would not seek any earlier testimony, withdrawn by those who dropped out. —Reuters

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