Novell Files Suit Alleging Unfair Trade Practices By Network Trade Center
Orem, Utah , -- July 19, 1995 --Novell, Inc. today announced the
filing of a complaint in the U.S. District Court for the District of Utah,
Central Division against Network Trade Center (NTC) of Sandy, Utah, a
software distributor, alleging copyright infringement, trademark
infringement and unfair competition, interference with existing economic
relations, unjust enrichment and other related causes of action.
Novell's complaint states that NTC has acquired upgrade products
through misrepresentation and in turn sells the products to misinformed
end users. NTC's repeated violation of Novell upgrade policies has
resulted in numerous complaints from end users and resellers who have
been victims of these practices.
In the software industry, it is common to produce improved
versions or "upgrades" of each software product. Novell has adopted a
policy of selling upgrade licenses to original licensees of earlier versions
of Novell software and, in some cases, competitive products, at greatly
reduced prices. Because of the greatly reduced pricing, Novell places
strict conditions on the licensing and use of upgrade products.
"Novell is very concerned that a few illegitimate resellers are
misleading customers in a way that penalizes them and undermines the
businesses of our thousands of authorized channel partners," said
David Bradford, Novell Senior Vice President and General Counsel. "To
protect our resellers and end-user customers, we intend to stamp out
the abuse of Novell's NetWare# Upgrade Program. Today's action is an
important part of that ongoing effort."
Novell works aggressively with customers, partners, and other
vendors to enforce copyrights across its entire family of system
software, network application, and information access products. Novell
has established an anti-piracy group and telephone hotline for reporting
illegal use of Novell software or making related inquiries. Call 1-800
PIRATES (801-747-2837) or send E-Mail to pirates@novell.com.
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