Be Inc sues Microsoft
By Andrew Orlowski in San Francisco
Posted: 20/02/2002 at 00:48 GMT


Be Inc is suing Microsoft for the destruction of its business. A damages figure isn't enumerated, but Be points out that at one stage the company was valued at over $1 billion.

The company is now a shell, with the assets including BeOS and BeIA, and some 46 staff, having been transferred to Palm Inc in the Fall for $11 million.

But BeOS as a desktop system effectively ceased to compete for OEM attention in the New Year 2000.

The main focus of the suit is on the boot-loader question, which Gassee aired in Byte last year.

Hitachi had agreed to license BeOS, and ship a dual-boot system using Be's boot loader and an icon on the desktop that enabled a Windows user to reboot into BeOS with one click.

"Microsoft sent two U.S. managers to Japan who expressed their 'anger' with Hitachi over its arrangement with Be, and 'reminded' Hitachi of the terms of its Windows license," according to the claim. "

Hitachi eventually shipped a system with BeOS loaded, but with no sign that Be was loaded on the system the PC booted directly into Windows and users were required to create boot floppies and install the bootloader themselves.

Compaq and Gateway declined to market dual-boot 'Creativity PC' systems Be had co-developed with Intel, citing the Windows license. Even when Be offered the OEMs the op