Microsoft Open To Class Action Suits, Judge Rules

Tron2 wrote to us with the word from C|Net regarding a Minnesota judge's decision that Microsoft is open to class action lawsuits. The Feds had thrown out 38 other class action suits a while back, but under MN law (as well as CA, DC, WI, NM, SD, ND and ME) indirect sellers (like MS) can be sued. Basically - if you bought a computer with MS-DOS/Windows preintalled since 1994, you can join the suit. IMHO, this is how MS will die - not the Fed suit, but piles of private suits.

Comments

Good Lord

[rho]

Does the Slashdot Jihad hate Microsoft so much that they want them OUT OF BUSINESS? Jeezum crow, MS isn't the greatest software company in the world, nor are they cute and snuggly, but worthy of being DESTROYED?

How come I don't hear the same things about Cisco, or Oracle, or even Sun for that matter? Shit, Bill Gates isn't even the richest man in the world anymore, and is mostly concerned with the Bill and Melinda Gates foundation anyway.

Sure they make a crappy OS (tho, I understand Win 2K ain't all that bad) but is that so bad that they deserve to be visited by a plague of lawyers? (Which, BTW, I'm pretty sure St. John the Devine listed as a Sign of the End Times in Revelations)

"Beware by whom you are called sane."

Re:Good Lord

[rho]

You mean, they're not bad enough that we ought to actually ENFORCE the LAW on them? Come on. They've been manipulating the market to their advantage for 20 years. Now the market's mad. Time to pay the piper

Hrumph. The DMCA is the law, too. Are you as gung-ho about enforcing it?

Double hrumph. The "law" and the "market" are not one and the same. If the market's mad, they produce something better -- such as *cough* OpenBSD *cough* -- but a pure market doesn't use the hammer of Government to exact revenge, it COMPETES.
"Beware by whom you are called sane."

All right, now this is going too far.

[Benjamin Shniper]

If Linux/BSD/MacOSX/Whatever is a better OS than Microsofts, then let them compete in the marketplace, not in the courts.

Red Hat, Macintosh, and some other OSes are for purchase at your local staples.

Please be advised not everyone wants to see a company destroyed just because they are a (sometimes mean and unfair) competitor. Maybe just hurt a little.

-Ben

Re:This is....

[sirinek]

When a car is defective they issue a recall and they pay for it. When M$ products are defective, its called an upgrade and *you* pay for it.

siri

There's only one catch.

[pongo000]

The only folks who win in class-action lawsuits are lawyers and the defendant. The suits take a large proportion of the award. The defendant is usally punished by requiring them to send out dollar-off coupons to the plaintiffs, like what happened with GM. This decision most certainly isn't a coup for the common man. It's just an opportunity to get a discount on your next purchase of Windows.

CA,DC,WI,NM,SD,ND and ME

[SpanishInquisition]

you forgot NT and XP
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This is....

[canning]

one of the most outrageous things I have ever heard. What do people honestly think they're going to get?

I can see it now.........
40 million people that bought computers with MS-DOS/Windows preintalled since 1994, left a Minnesota court room today jubulant. They will be entitled to a percentage of the record setting settlement of 53 trillion dollars. It is expected that Microsoft will challenge the desision and thus tie this matter up in court for many decades.

Good idea but misguided target.

[Magumbo]

but under MN law (as well as CA, DC, WI, NM, SD, ND and ME) indirect sellers (like MS) can be sued.

Ok. I hate Microsoft as much as the next guy, but we shouldn't band together to attack Mississippi. It's a fine state with a colorful history. Perhaps their support would be beneficial to the cause too.

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Re:Not going to kill MS

[aufait]

1) A consumer buys a computer from a catalogue that only has a notation "Windows included". No mention that the user will have to sign a contract in order to use the software. Nor, is he given an oppurtunity to read the contract before paying for the compuer.

2) Consumer reads the contract and does not want to sign it.

3) He contacts the seller to receive a refund for returning the product (as instructed to by the contract).

4) Seller says that their contract with Microsoft prohibits them from reinbursing them.

5) Consumer can not legally sell the unwanted software to recoup some of his lost money.

6) The consumer now has something he paid for that he can't use; but, can't resell.

That is a big difference from buying a bundled sound card.

Will it make a difference in court? I don't know. I am not a laywer. But, it sounds like their was some misrepresentation since the computer was sold without any mention of a contract.

Not going to kill MS

[cheezus]

IMHO, this is how MS will die - not the Fed suit, but piles of private suits

oh, c'mon Hemos. I would like that just as much as you, but we both know that it isn't going to happen. Sure, they'll end up taking a hit financially, and will probably have to make some changes in their pricing, but they will be far from dead. Heck, all those lawsuits couldn't destroy the tobacco industry, and they kill people.

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What exactly would you be suing over?

[mech9t8]

There's never been a time that you couldn't buy a computer without Windows... Sure, if you wanted a Dell, you had to get Windows, but you probably also had to get Brand X hard drive and Brand Y motherboard. Bundling is a common practice in most businesses. But big name brands aren't the only companies out there, and you could always buy machines made with quality components to put whatever OS you wanted on them.

IMHO, the cases will fail. Doesn't mean they won't drag out and give the lawyers on both sides lots of money, though...
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Assume that there are valid arguments against your position.