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Microsoft Sends Takedown Notice To MSFreePC.com
DJFelix writes "Just to add some more drama in California this week, legal counsel for Microsoft issued a takedown notice to Lindows CEO Michael Robertson, demanding the immediate shutdown of the MSFreePC.com website. The MSFreePC.com website allows people who purchased certain Microsoft products in California, or used certain Microsoft products in California to submit a claim in the $1.1 billion class action suit Microsoft lost in California. The site is still up for now, but how long will it last?"
Not really. If they're actually putting out fraudulent information (i.e., a signature is required to join the class action,) then why shouldn't they be enjoined from continuing to do so?
Two things stand out as bizarre about the letter from MS's lawyers, though:
1) The letter claims that the site doesn't disclose that a person must have purchased the software for use in California. The site very prominently does so on the second page.
2) It seems to me that the group that would get burned by this if the "digital signatures" things isn't legitimate is Lindows itself, not the consumer. Lindows is trying to appropriate the right to join the class action in place of the people involved and giving them something for that right. If it turns out they can't, Lindows is left in the lurch, having given out the products.
I thought the most interesting bit about this was Microsoft stating that 'so-called digital signitures' were not acceptable.
Um, hello? This is Microsoft, that thinks its click-through EULA is as good as a contract?
The article is longwinded and legalistic, so I'll recap for the lazy:
Microsoft lost a class action case in California and owes a lot of people there money. msfreepc.com is offering people Lindows in return for their stake in the settlement. Microsoft's lawyers are complaining since the msfreepc.com form does not include things like signatures and certifications that filling out the legal forms firsthand would require, so they say claims from these people will be turned down. Microsoft's lawyers also portray Lindows as taking money away from schoolchildren, because leftover funds go to CA schools, and expiditing the claims means more of the money will be disbursed.
Use the manual form system where you fill out forms, mail back receipts, and wait for up to 6 months or more to receive your settlement.
Or...use MSfreePC.com to get your Instant Settlement* TODAY! [...]
*If you qualify, your "Instant Settlement" is the credit that Lindows.com will give to you to immediately purchase products using the MSfreePC program in exchange for the right to process your settlement claim on your behalf as described in more detail in Step 7 and Step 8 of the Instant Settlement Wizard.
Bash microsoft all you will, I find that very shrewd of Lindows. It's basically piggy backing on the settlement. Not cool.
Send all the lawyers you want, he'll come up with something new to make you send more lawyers
Problem is, Robertson's track record isn't very good in this regard. Look at his history at MP3.com:
At least Lindows isn't a public company this time, so his investors should understand the risk he is taking better than the public did with MP3.com
Imagine how much harder physics would be if electrons had feelings! -Feynman, maybe
The letter said nothing about Microsoft not wanting consumers to claim, in fact the argument was that consumers are being bilked into purchasing a competitor's product under the presumption that they will be credited back by the class action, which is not true. Running with your argument, the more people "claiming" through this marketing gimmick, the more valid class members Microsoft will not have to pay out, so it would be just as in Microsoft's interest to let all the snake-oil salesmen profit and take back the moral high ground.
Score one for Microsoft in appearing reasonable and minus one for Linux as Lindows removes all ethical credibility.
Sigh. What jerks.