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Microsoft Settlement For Private Suits Rejected

Lumpish Scholar writes: "Reuters story here. The judge "could not endorse the settlement ... Microsoft will have to start from scratch in negotiating a new settlement or fight the scores of suits in court."" Reuters also has an article from yesterday that looks at the positions of the various parties prior to this news. You will recall that Microsoft was proposing to settle the civil suits brought against it by donating free Microsoft software and old computers to schools. And do remember - because this always seems to confuse people - that the case brought by the Department of Justice and state governments is distinct from these suits filed by individuals.

15 of 382 comments (clear)

  1. Just what they want.... by Strudleman · · Score: 4, Informative

    To tie this up in the courts for years. Or atleast long enough to push out a few more OS versions....

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    Do it doug.
    1. Re:Just what they want.... by Lacutis · · Score: 4, Informative

      You mean you own a "license to operate windows" on your computer.

    2. Re:Just what they want.... by Fly · · Score: 3, Informative

      Fifteen years ago, any school that wanted to buy new computers would think only of buying Apple products. This means that many schools bought a lot of Macintosh classics and other Macintosh computers versus PCs. Assuming that they are poor, they probably haven't upgraded their machines recently, and only in the last ten to fifteen years have schools shifted away from Macintoshes. My wife has seven computers in her classroom. There are four old machines and three new machines. The old machines run MacOS. The new machines run Windows. Microsoft would like to accelerate the shift to Windows by giving new PCs with Windows to these schools that have old (i.e. Apple) computers.

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      end of line
  2. Two words: by adlam.bor · · Score: 0, Informative
    "Thank God."

    There is nothing really more to say. If the suit had been accepted it would have meant that our politicians really are as dumb as Microsoft thinks they are.

  3. Big win for Red Hat! by Glock27 · · Score: 3, Informative
    "Red Hat has offered its own Linux operating system to be used in the schools instead of Windows. ``We do not think that the remedy should be a mechanism by which Microsoft can further extend its monopoly,'' said Matthew Szulik, CEO of Red Hat, in a statement."

    :-)

    This is a quote from this Yahoo article.

    I'm really happy to see that the judge didn't cave in!

    299,792,458 m/s...not just a good idea, its the law!

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    Galileo: "The Earth revolves around the Sun!"
    Score: -1 100% Flamebait
  4. A Variety of Interesting Links on That Page... by kmactane · · Score: 2, Informative

    It's interesting to look at the various links to the right of the main story on that page. The one titled "Experts Question Microsoft Action," for example, has yet *another* example of Microsoft's dirty tricks: violating the Tunney Act by trying to make deals with legislators (totally aside from their attempts at deal-making with the DoJ) and not informing the court about it.

    Then there's the way MS wants to bar the public from the proceedings... while it's heartening to see that they can still lose (maybe -- the case isn't over yet!), it's also kind fo scary to see that they're actually starting to learn more about how to (try to) manipulate the process in Washington. Compared to their bumbling in the political arena a few years back, they've actually made giant strides. Which does not bode well.

    We may have just one won battle (though actually, I'd prefer to think that *justice* just won a round), but we need to keep our eyes on MS. They're not about to roll over and play dead, and I think they're getting wilier.

  5. Re:One for the good guys ;) by Darth · · Score: 3, Informative

    (It's getting retried because Judge Jackson's ruling got thrown out and he was removed from the case and MS got a new trial.)


    no, no, no.

    It is not getting retried. The judgement that Microsoft is a monopoly and abused it's position was upheld. The remedies were thrown out and the remedy phase of the trial is being redone.


    Microsoft did not get a new trial. They're guilty. It's all about the punishment now.

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    Darth --
    Nil Mortifi, Sine Lucre
  6. Re:I was hoping by ThatTallGuy · · Score: 2, Informative

    See Microsoft's Annual Report direct from their site. I quote: Cash and short-term investments: 31,600 (millions) including a charge-off of 3.92 billion for "impairments of certain investments." Total: 35.5 billion bucks. As of June 30, 2001 (i.e. almost a year ago.) And last I heard, they were not losing any money.

  7. Re:Overcharged? by Phexro · · Score: 3, Informative

    what?

    let's see... red hat 7.2: $59.95
    mac os x.1: $129.99
    windows xp (home ed.): $199.99
    os/2 warp 4: $284.00

    ok, so admittedly, os/2 is more expensive than windows xp. but, every other os available is significantly less expensive.

  8. Re:I was hoping by killmenow · · Score: 2, Informative

    shareholder dividends (of which there have been none in a long time).
    Of course not. Haven't you heard?
  9. Good idea, bad implementation by rlp · · Score: 3, Informative

    The way class action suits normally are resolved in the U.S. are as follows:

    Company X illegally overcharges consumers, say one million consumers at $100 each. Class action lawyers file suit 'on behalf' of consumers. After many years, and many appeals, a settlement is reached and damages are awarded. Consumers are asked to fill out 20 pages of paperwork in order to receive a $25 off coupon the next time they make a purchase of $3000 or more from Company X. Offer good for next six months. And the class action attourneys split $25 million in fees.

    Having Microsoft donate money to poor schools is a great idea -- iff it can be done in a way that that doesn't reduce competition.

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    [Insert pithy quote here]
  10. Perl & Python: Embrace, extend, but not exting by yerricde · · Score: 2, Informative

    Yes, now we can see if that was the embrace before the extend.

    Sure, Microsoft will be able to embrace and extend Perl and Python, but because those programs are copylefted, Microsoft will have to release the source code to any modifications the company makes, preventing the third step (extinguish) from happening.

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    Will I retire or break 10K?
  11. Re:... but what about the DOJ settlement? by frank249 · · Score: 3, Informative

    Even if the DOJ settles with M$ the findings of fact still stand and makes the civil cases a slam dunk. Each of these cases could cost M$ billions of dollars. A few multi billion dollar judgements should give M$ a good reason to clean up their act or else the govt could start the process all over again.

    So in effect the civil cases have the potential for causing the greatest damage and the threat of further cases could be a better deterrent than anything the govt could come up with.

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    Today's vices may be tomorrow's virtues.

  12. Yeah, Baby!! Feel the burn!! by ablair · · Score: 3, Informative

    Hoo-ray for small miracles, an actual judge with sense not to be bamboozled by 300 lawyers (and a complicit prosecution) in a case involving MS. I think Apple, Red Hat, et al. deserve credit where credit is due in this by effectively presenting to the court why this would've been a bad deal. C|net also has an updated story on this, sugesting the possibility of a greater-than $1B penalty for MS now from Judge Motz' comments.

    But this case, like the antitrust case, is not yet over. While we can't do anything to influence the next flimsy settlement for price-gouging MS will probably try to come out with here, maybe we can make a difference in the antitrust case by writing the DoJ. Public comment period ends January 28, 2002. Do write, but polite & reasoned letters only, please.

  13. Re:I love this idea. by DarenN · · Score: 2, Informative


    Well, in Europe, the ECDL (European Computer Drivers License, an award for basic computer usage skills) which is a certificate status program (and a minimum for any secretarial work) is conducted entirely using MS-Office.

    You do a test in Word, Excel, Powerpoint, and Access if I recall correctly.

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    Rational thought is the only true freedom