Novell, Inc. v. Reimerdes
| Company type | Public |
|---|---|
| Industry | Software |
| Founded | 1983 |
| Headquarters | Provo , United States |
| Products | NetWare (local area network operating system software) |
| Revenue | $1.63 billion (1995) |
Novell, Inc. v. Reimerdes (E.D.N.Y. 1993) was a federal civil lawsuit addressing infringements of U.S. Copyright and Trademark statutes.
A court injunction prohibited the unauthorized dissemination of Novell NetWare, a local area network (LAN) operating system software that facilitated early personal computer networking.
The plaintiff pursued both injunctive relief and monetary damages under 17 U.S.C §§ 502–505.
Details
Novell, Inc., an international software corporation headquartered in Provo, Utah, secured a temporary restraining order against individuals managing an illicit bulletin board system (BBS) that distributed copyrighted programs via modem connections.
Initially, Carl Reimerdes was suspected to be the main infringer; however, it was later established that his son, Shawn Reimerdes, controlled the Harmony Skates Bulletin board system. Consequently, Shawn was added as a defendant and served with summons in Queens, New York.
Copyright claim
Novell demonstrated that the defendant’s BBS was responsible for distributing unauthorized copies of multiple software titles: "NetWare 4.0," "NetWare 4.0 Main Server License," "NetWare 286-Object," "NetWare 3.11," "NetWare 286 - Source," and "NetWare Lite."
Trademark claim
Novell possesses federally registered trademarks for "NETWARE" (Registration No. 1,328,271), "NOVELL" (Registration No. 1,338,892), and the "NOVELL" logo (Registration No. 1,350,417).
Judgment
The litigation concluded on July 27, 1994.
On August 10, 1994, a consent decree issued a permanent injunction against Shawn Reimerdes while dismissing claims against other defendants. Carl Reimerdes was mandated to pay $80,000 to Novell. Defendants were barred from future copyright violations. The previously posted $10,000 bond was released, and the injunction extended to Shawn Reimerdes through his father's agreement. The case was dismissed without prejudice.
Novell
In 1992, Novell commanded approximately 65 percent of the network operating system market amid a period when networking represented the fastest expanding sector within the computing industry. Novell's revenue reached its zenith at $1.63 billion in 1995.
The incorporation of networking functionality as an integral component in Windows 95, Linux, OS/2, and other major desktop operating systems gradually rendered Novell’s third-party networking products obsolete. Notably, Microsoft's Windows 3.1, which was superseded in 1995, was the last significant OS lacking native networking support.
Similarly, dial-up bulletin board systems (BBS), which peaked around 1995, were rapidly supplanted by emerging Internet service providers. Desktop operating systems equipped with built-in clients for common Internet services facilitated widespread dial-up Internet access by the late 1990s, contributing to the decline of the BBS community.
Harmony Skates BBS
The defendant managed "Harmony Skates BBS," a pirate bulletin board operating on PCBoard, using the alias SkaTeMasTeR.
This BBS served as a primary distribution point for "0 day warez," hosting underground groups such as PWA (Pirates With Attitude), ACiD, and MicroPirates (MPI).
Additionally, the defendant maintained connections with the infamous Pirates With Attitude collective.
External links
- Trial documents: Novell, Inc. v. Reimerdes, (E.D.N.Y. 1993)
- Case docket: Civil Docket for case number 1:93-cv-04404-CPS-JMA Novell, Inc. v. Reimerdes, et al
- Official site: Novell, Inc.
- The defendant is also involved in the Universal v. Reimerdes litigation.
- Harmony Skates BBS - ANSI art collection
- BBS Directory (Area code 718)