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

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."

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.