A federal judge in Connecticut has ordered Microsoft to pay US$1
million in punitive damages to a small software company, Bristol
Technology Inc., for using deceptive business practices during a
dispute over a licence to the Windows NT operating system.
Judge Jane Hall’s ruling came just over one year after a federal
jury awarded Bristol Technology nominal damages of $1, concluding a
six week trial. Bristol had accused Microsoft of violating US
antitrust law by preventing access to the source code for Windows
NT.
Bristol makes software called Wind/U, a collection of Windows
and UNIX cross platform development products. Between 1994 and
1997, Microsoft and Bristol had a contract under which Bristol was
entitled to the source code for an earlier version of Windows NT.
Bristol sued when Microsoft refused to extend the contract to the
newer versions.
Hall wrote: “The deceptive conduct engaged in by Microsoft
clearly rises to the level of reckless and wanton indifference to
the harm it caused Bristol and others, including independent
software vendors.” She also observed that Microsoft chairman Bill
Gates gave an intentionally false statement during a speech in 1996
in which he assured other software companies and customers that
Microsoft would continue to provide its latest products for
conversion to the UNIX platform.
Microsoft has said it will likely appeal the ruling on the
grounds that it was inconsistent with the jury’s decision in
1999.
