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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.
To tie this up in the courts for years. Or atleast long enough to push out a few more OS versions....
Do it doug.
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!
Galileo: "The Earth revolves around the Sun!"
Score: -1 100% Flamebait
(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.
Darth --
Nil Mortifi, Sine Lucre
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.
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 $25 million in fees.
Having Microsoft donate money to poor schools is a great idea -- iff it can be done in a way that that doesn't reduce competition.
[Insert pithy quote here]
Even if the DOJ settles with M$ 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.
Today's vices may be tomorrow's virtues.
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.