By: Michael E. Martinez

As if Microsoft didn't have enough problems with Windows Vista, here comes a lawsuit by the maker of Norton Antivirus, Symantec. Symantec is attempting to throw up a legal barrier in front of the software giant, accusing it in court of misusing intellectual property and violating a license agreement. Symantec is seeking financial damages, an injunction against the sale and shipment of both Vista and Longhorn server, and a recall of Windows versions currently on the market that allegedly infringe against Symantec's IP.

At the core of the dispute is Symantec VolumeManager. Originally developed by Veritas Software, Symantec acquired it when it bought out Veritas in late 2004. VolumeManager is a server management product that allows admins to easily partition volumes, automate some admin tasks, and remotely monitor volume, partition, and server information.

In 1996, Microsoft licensed a version of VolumeManager from Veritas for use in Windows 2000. According to Symantec, the company then rolled the technology into Windows Server 2003 without acquiring a further license. Symantec director of legal affairs Michael Schallop says that's problematic because Veritas (now Symantec) Storage Fondation for Windows competes with Windows Server 2003.

According to the complaint, Microsoft is now incorporating Symantec's IP into the upcoming Vista and Longhorn Server products, which is why Symantec is asking for an injunction against the release of those two products.

The two companies had spent some time negotiating over the issue. Once negotiations hit an impasse, they agreed to let the courts settle it for them. Micorosoft claims that it bought the intellectual property it needed from Veritas in 2004, prior to its takeover by Symantec and that the current dispute is a "very narrow disagreement" over the original 1996 contract.