Re: Microsoft's OS competitors

Greg Broiles <gbroiles[_at_]netbox.com> wrote:
>
> Novell and IBM both attempted to sell alternatives to MS-DOS, circa
> 1991 (or so). If I remember correctly, Novell's version (DR-DOS) was
> more or less a rewrite of DOS which complied with the available specs,
> while IBM's version was based upon an older version of MS-DOS which
> IBM had a license to modify/resell.

I think technically this is incorrect, and that MS-DOS was a rewrite of DR-DOS. If you will remember the original story, IBM mistakenly flew to Wash. to get a DOS from Gates. He sent them down to Calif. to meet with the people who owned the OS they wanted. Unfortunately (for them), they took the standard onerous IBM NDA to Gerry Davis (now in Monterey) who made massive changes. The result was that the deal wasn't going anywhere. IBM flew back to Wash., and Gates sold them (supposedly slightly before buying the rights) a clone of the other product titled "Q Dos". This is what apparently became MS DOS.

The question has been repeatedly asked why these people never sued MicroSoft for infringement. I think the answer is that at the time, copyright law had not yet gotten to look and feel. By the time it did, they had apparently discharged Microsoft. Most of this comes from the widow of the original DOS writer, whom I met one night here in Austin in a bar. She doesn't like IP attorneys (wonder why?) In any case, their failure to sue MS had something to do with an agreement they made with IBM, apparently to put CP/M in its catalog. Unfortunately, IBM priced it at $250 or so, while practically giving away PC DOS. Note though that I am not sure that this woman was the most reliable source, and did not appear to understand many of the legal issues.

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The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 1997 Bruce E. Hayden,all rights reserved
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Bruce E. Hayden                      bhayden[_at_]acm.org               
Austin, Texas                        bhayden[_at_]copatlaw.com