California Consumers Settle MS Antitrust Suit

actually by Anonymous Coward · 2003-01-10 21:00 · Score: 5, Informative

"proceeds of the settlement will be distributed to members of the class in the form of vouchers redeemable for ANY manufacturer's computer-related products and software."

notice the word 'any'

Re:of course it's a rip-off by Anonymous Coward · 2003-01-10 21:08 · Score: 1, Informative

A lot of you need to read the deal more carefully instead of spouting off. A lot of people will be able to by *nix products, or new hardware. And schools can set up *nix networks. The settlement is not limited to MS products, for the most part.

You dont gotta love MS, but you are required to read and think before you post.

MS Press Release by Anonymous Coward · 2003-01-10 21:13 · Score: 3, Informative

Just in case anyone wants to read Microsoft's spin on this, here's their press release.

Settlement to Benefit Consumers and California Schools
SAN FRANCISCO, Calif., and REDMOND, Wash. -- Jan. 10, 2003 -- The San Francisco law firm of Townsend and Townsend and Crew LLP, lead counsel for two certified classes of California consumers, and Microsoft Corp. jointly announced today that a $1.1 billion settlement has been reached in a series of coordinated class action lawsuits alleging that Microsoft violated California's antitrust and unfair competition laws. Trial was scheduled to commence in San Francisco before California Superior Court Judge Paul H. Alvarado on Feb. 24, 2003.
The settlement, which is subject to court approval before becoming final, benefits consumers and businesses who purchased Microsoft® operating system, productivity suite, spreadsheet or word processing software between Feb. 18, 1995, and Dec. 15, 2001, for use in the state of California. The settlement proceeds will be distributed to class members in the form of vouchers that may be used to buy any manufacturer's desktop, laptop and tablet computers, any software used with those computer products and specified peripheral devices for use with computers. Two-thirds of any unclaimed settlement proceeds will be donated to California's most needy public schools in the form of Microsoft educational and productivity software as well as vouchers for the purchase of computer equipment, professional development services and non-Microsoft software. Details of the settlement are outlined in a term sheet that has been signed by the parties. A final Settlement Agreement will be filed in the San Francisco Superior Court later this month.
"This is one of the largest settlements ever reached under the antitrust or unfair competition laws of California," said plaintiffs' lead counsel Eugene Crew. Co-lead counsel Richard Grossman elaborated: "This settlement represents a significant portion of the amount that Californians paid to Microsoft for its operating system and key applications software over a seven-year period. It is a tremendous result for California's businesses and consumers, and will also benefit our schools at a time when that help is desperately needed."
"This is a good resolution for all sides, and we're especially pleased by the opportunity to help thousands of schools all across California get the computers and software they need," said Microsoft General Counsel Brad Smith. "This settlement allows us to focus on the future and building great software, and avoids the cost and uncertainty of a lengthy trial."
"Coming at a time when California is in the middle of a significant budget crisis, these funds and software will help to ensure that California's schoolchildren get technology they can use," said Jack O'Connell, State Superintendent of Public Instruction. "This settlement is an innovative way to help our most needy schools shrink the 'digital divide' and will help deliver on my department's commitment to getting technology infrastructure into our schools to enhance the learning process."

Re:cool by Anonymous Coward · 2003-01-10 21:31 · Score: 3, Informative

I realize that you were just kidding, but you can (should?) actually buy Free Software from the GNU foundation (see here). You might want to consider doing that with your vouchers.

Re:Wow by SirOgre · 2003-01-10 22:19 · Score: 2, Informative

your math is wrong...it should be 2 million copies of office, not 200,000

Re:give the vouchers to the state by zAmb0ni · 2003-01-10 22:24 · Score: 3, Informative

Consumers should be allowed to settle their increased tax bill by handing over their settlement voucher to the California government, in exchange for a guarantee that the voucher would be used to purchase computer technology equipment and other educational resources for state schools. Perhaps also the California government should be awarded any unclaimed consumer vouchers after a certain (short) settlement period.

First off...there is a better, more in depth News.com story available which clears some things up.

Second...two thirds of the unclaimed money will go directly to California schools (1/2 in cash, 1/2 in MS software and cash grants).

Your though sounds kind of interesting, but wouldn't it really boil down to a voluntary California tax via Microsoft? Of course, California residents never had to wait for a Microsoft settlement to be nice to the school system, they always could have donated cash, or their tax return monies to the Cali school system. I really doubt that many if any has ever done that. Yea it sounds like a novel thing for consumers to do, but I have a sneaking feeling the people who will actually try to cash in on the settlement will be companies and small businesses who may have bough tens to hundreds of Microsoft products during the suit time period. Most consumers will either 1) not be bothered to file a claim to get their $5-30 bux back, 2) never file a claim because they have no idea about the settlement.

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-zAmboni
Team Ars Technica Lamb Chop

Re:Software cost by Spy+Hunter · 2003-01-10 22:32 · Score: 5, Informative

You have to look for a report on this by a California newspaper. It will have much more detail about the exact terms, since CA residents are the ones who are getting the vouchers. From the San Jose Mercury News:

Under the terms announced today, Microsoft will issue vouchers, ranging in value from $5 to $29 per licensed product, to consumers and businesses. The vouchers can be used to buy computers and software from any maker, including Microsoft rivals.
For claims totaling $100 or less, no documentation of purchases is needed, they said.
Plaintiffs' lawyers estimate consumers will recoup about one-third of what they spent for Microsoft products, including the Windows operating systems and popular Office and Word programs, between Feb. 18, 1995, and Dec. 15, 2001.
For example, consumers will receive a voucher for $29 for each copy of Microsoft Office purchased, $26 for each copy of Excel, $16 for each copy of the Windows operating system and $5 for each copy of the word-processing program Word, according to plaintiffs' lawyers.

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main(c,r){for(r=32;r;) printf(++c>31?c=!r--,"\n":c<r?" ":~c&r?" `":" #");}

Replying to myself... by Spy+Hunter · 2003-01-10 22:36 · Score: 5, Informative

Oops, almost forgot:

Two-thirds of any unclaimed settlements, up to $1.1 billion, will be given to California's neediest public schools to be used for computer equipment and related services in a program to be administered by the state's Department of Education. Microsoft would keep the final one-third of the unclaimed portion.

And a link to the article

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main(c,r){for(r=32;r;) printf(++c>31?c=!r--,"\n":c<r?" ":~c&r?" `":" #");}

Re:Vouchers for Some-Little American Flags for Oth by Anonymous Coward · 2003-01-10 23:54 · Score: 1, Informative

To paraphrase Mayor Quimby:

"Vouchers for some, little American flags for others."

That wasn't Mayor Quimby, it was Kang (of Kodos and Kang fame).

Great reference, tho!

R-E-A-D The Story, OK? by reallocate · 2003-01-11 02:35 · Score: 3, Informative

MS is not giving California up to $1.1 billion in MS software, it is giving California residents up to $1.1 billion in coupons that can be redeemed against any software/hardware manufactuer's products.

Reaction to this little piece says something about the attention span of the average /. reader.

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-- Slashdot: When Public Access TV Says "No"

Re:This is BS by IamSorrow · 2003-01-11 02:45 · Score: 2, Informative

The Article states:

...the settlement will be distributed to members of the class in the form of vouchers redeemable for any manufacturer's computer-related products and software.

You'll notice that they have to distibute vouchers for ANY manufacturer's products, Your first three statements are incorrect, and the last one is potentially what could happen, so what you have said is completly off topic. Reading the Article next time would help when posting a response.

Calfornia court's love/hate relationship with MS by Anonymous Coward · 2003-01-11 02:58 · Score: 1, Informative

Let see, CA declaired that MS couldn't force a return on the
MSN $400 Rebate and now they declair MS owes another $1.1B. Is it just me or does CA courts really enjoy cashing-in at MS expense?

Has anyone in CA goverment consider putting together a 1-800-R-U-ATRUST so that those of us that are sick of the MS 800-RULEGIT have an alternative number to report "activities" too?

Re:Software cost by Anonymous Coward · 2003-01-11 03:12 · Score: 1, Informative

This is very close to the number that the large OEMs pay for Windows--and that's how the majority of people get windows, on a new PC from a large OEM.

peanuts -- evil peanuts by g4dget · 2003-01-11 05:05 · Score: 4, Informative

I recommend reading the news.com article. Major points:

It's for Windows 95 and Windows 98.
It seems to be focused on business licensees.
It's unclear whether the vouchers are really unrestricted; the formulation "Microsoft or other products" sounds like marketing speak for "selected products by Microsoft and a few other companies".
It appears that for anything that isn't redeemed, Microsoft gets to keep 1/3, give 1/3 in cash, and give 1/3 in Microsoft software to schools.

The kicker is, however, $1bn is about as much as Toshiba had to pay for shipping supposedly defective floppy disk drives on their laptops.

I think this is absolutely evil. Even if Microsoft had to pay everything in cash, it would be peanuts. Instead, they'll be able to further contaminate schools with their proprietary software, something they have already volunteered to do as a "donation"--a tax sheltered marketing ploy.

Helps to get first-hand facts (MS transcript) by Anonymous Coward · 2003-01-11 07:25 · Score: 1, Informative

The transcript between MS legal and the press is here. Includes q/a on how vouchers can be used by consumers and education for _any_ product, as well as clarifying that reimbursement of legal fees is in addition to the $1.1B: QUESTION: [...]I just want to clarify if it does indeed apply to any vendor's product. For instance, if the school wanted to go out and buy a PC that had LINUX, would this be covered? TOM BURT: This is Tom. Absolutely. The school can use those vouchers. There are some restriction in terms of types of technologies, such as desktop, personal computers, laptops, tablet PCs, or competitive similar technologies that may be developed over the period of the settlement. However any platform, any manufacturer, that hardware or software that runs on any of that hardware, the vouchers, both the consumer's voucher and the school's voucher can be used for those purposes. In addition, the school vouchers can be used for a wide range of professional services and other initiatives the schools may need to deploy their technology broadly. So the consumers get vouchers. They don't get cash. The consumers will get vouchers that they can use towards the purchase of similar kinds of products. QUESTION: From any vendor? TOM BURT: From any vendor. Once they purchase the product, they return proof of purchase with the voucher and then they get cash. see also TOM BURT: No. This is Tom Burt. No, absolutely not. The vouchers are entirely neutral in terms of vendor and platform in all respects. The services that the schools can use the vouchers for are entirely up to the schools. There are certain categories of services that are defined in the settlement. But they cover a wide range of the services that the schools would need to deploy technology solutions for any platforms of hardware and software. The California Department of Education will be working on compiling a list of approved vendors for those services. So Microsoft will not have control over any aspect of that, which is one of the concerns that was raised about the prior settlement.

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California Consumers Settle MS Antitrust Suit

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