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Microsoft faces Monopoly Lawsuit (again)

james_in_denver writes "Forbes magazine is reporting that Microsoft will be sued in California for predatory pricing. This lawsuit appears to differ from earlier challenges to MicroSoft's marketplace dominance by entertaining the possibility of a Class-Action lawsuit. This would allow individual users/licensee's to participate in the lawsuit. A notable quote from the full text states: "It's anticompetitive, it's predatory, and it denies consumers, and in this case taxpayers, the benefits of innovation that a free marketplace should provide,""

15 of 281 comments (clear)

  1. Allow individual users/licensee's to participate by scotay · · Score: 5, Insightful

    Translation: Lawyers get rich, users/licensees get worthless vouchers.

  2. Doesn't cut it anymore. by Chess_the_cat · · Score: 5, Insightful

    Linux is free to anyone who wants it. All the apps are free. How can anyone claim Microsoft is a monopoly that unfairly prices its products? This argument doesn't work anymore. It's a free market. Don't like MS? There's a free alternative. Stop whining.

    --
    Support the First Amendment. Read at -1
    1. Re:Doesn't cut it anymore. by Mudcathi · · Score: 3, Insightful
      How can anyone claim Microsoft is a monopoly that unfairly prices its products?

      Hear, hear! I dispise McMicrosoft as much as a good Slashdot Trooper ought to, but how the heck can someone claim that Microsoft has "predatory pricing" when they're up against free software? I'm just a wannabe geek, but thanks to wisdom passed on by the good full-time geeks hereabouts, I'm using Firefox (free), OpenOffice (free), and wetting my toes in Linux (free) -- and what I've learned thus far is that Microsoft could *give* their products away, and I still wouldn't go back to using their crappola. Even for free, what they have isn't worth it! Predatory pricing, my patootie, this is some lawyers' get rich quick scheme, that's all...

      --

      "He who throws mud, loses ground." - proverb

    2. Re:Doesn't cut it anymore. by Anonymous Coward · · Score: 3, Insightful

      It's NOT a free market, because the monopoly grants of patent and copyright law exist to distort the free market to microsoft's advantage.

      Want to break Microsoft's stranglehold tomorrow? Nullify patents and copyrights.

      Remember the old Free Software note: "Without copyright law the GPL would be unenforceable. It would also be unnecessary!".

      Linux would do just fine without copyright law. Yes, people could suddenly release closed-source forks. But the forkers would have no legal recourse anymore against open source people reverse engineering, disassembling, etc. their code. Shorn of the market distortion caused by copyright and patent, closed and open source would be competing on a level playing field again.

  3. Re:Microsoft by kfg · · Score: 4, Insightful

    Is the market really free if the state of California tries to regulate it?

    If we're going to get into that topic it's worth noting that Microsoft only exists in its current form through governmental regulation.

    That horse left the barn the second they incorporated.

    Now they must render unto Caesar.

    KFG

  4. Looks like Califoria is look to steal some MS by Anonymous Coward · · Score: 5, Insightful


    Same thing over and over again. State sues MS. MS challenges. MS Looses (the judges work for the state, right?)

    MS "pays" restitution in free liscences. MS is even more entretched.

    It's a dance called the:

    "The PR Microsoft Litigation CircleJerk shuffle".

    At the end of the dance the stains are a bit hard to get out, but the public gets it up the ass everytime.

  5. What? by nial-in-a-box · · Score: 3, Insightful

    it denies consumers, and in this case taxpayers

    Since when are we not all taxpayers? A consumer is almost always inherently a taxpayer in the U.S. A notable exception would be certain untaxed items in some locales, big ones being food and clothing. You also need to get the money somehow so that you can "consume" and that is usually taxed. I hate how we allow ourselves to be called taxpayers because what that means is that we are seen by the politicians as nothing more than those people who give them money. Call me a citizen or constituent, but not just some dumb taxpayer. Shit, I'd rather be called a "voter" than a taxpayer, because if there was only one activity associated with me that one would be better.

    --
    I am feeling fat and sassy
  6. Low prices? by Silvertre · · Score: 4, Insightful
    Microsoft spokeswoman Stacy Drake said the company's lawyers hadn't fully reviewed the lawsuit, but she defended the company's prices.

    "In fact," she said, "we've built our business on delivering innovative software at low prices, and have been the market leader in reducing prices while increasing the value contained in software."

    Since when is $100-$200 for an OS a 'low price'?

  7. *dons tinfoil hat* by theluckyleper · · Score: 4, Insightful

    I wonder if this will have any impact on the proceedings? "Independent auditors" recommend Open Source, suggesting that California could save $32 billion.

    Can't Microsoft point to reports like this and say, "Hey, look! There's competition!" These reports this might end up serving Microsoft, rather than OSS, in the end!

    --
    Visit the Game Programming Wiki!
  8. Re:Californian Justice... by hype7 · · Score: 5, Insightful
    Some people like to say that the USA is the home of pure capitalism. However, that's an oversimplification of how our system really functions. I'd rather call it capitalism with gutters on either side of the bowling lane so that when something starts to go off course in a bad way, the law kicks in and makes sure that the bad shot both fails to score, and also cannot go further off course so that it impacts the scores on other lanes.


    So that's how the RIAA and MPAA can bring all those lawsuits to bear on US citizens?

    The only reason there are gutters is for the businesses to dump the little guys when they're done with them. The politicians are standing shoulder to shoulder with the big corps over this, too - that's why US drug prices remain at the highest levels in the western world, and why laws like the DMCA and the INDUCE Act will continue to make their way onto the books.

    So long as politicians keep get big $$$ from big business, there's going to be a severe tilt towards serving business interests as opposed to human interests. I'm surprised there haven't been overtures to ban political donations from corporations - I think it would fix a lot of problems.

    -- james
  9. It's all Donkeys Vs. Elephants by Electrawn · · Score: 3, Insightful

    Microsoft strategy is just to drag out court proceedings until a regime change in whatever entity is suing them. Pump money into the opposing campaign and -poof!- suddenly lawsuits lose their teeth and disappear.

    -Electrawn

  10. And if this goes through? by mcc · · Score: 4, Insightful

    It will result in the state settling for some relatively rediculously paltry sum, 50% of which will go to lawyers, and which will only reach consumers in the form of a $50 off coupon on any future Microsoft product they purchase.

    Seriously, is there any way whatsoever this case could end in anything resembling a victory for consumers?

  11. Not to defend the great satan but... by TheLoneCabbage · · Score: 3, Insightful

    "It's anticompetitive, it's predatory, and it denies consumers, and in this case taxpayers, the benefits of innovation that a free marketplace should provide,"

    What exactly does the free market place have to do with taxpayers? Are people who cheat on their taxes not entiteled to a competitivly priced OS?

    And since when is innovation a "right"? If so when will iMacs be subsidized by the gov't?

    MS,as scuzzy as they are, have the right to charge anything they want. It is their product! I personaly don't want it written down in the great history books of geekdom that Linux won by default. It's one thing to press charges over threatening companies into unreasonable, exclusive contracts (through monopoly power). It's another matter entirely to sue for "the right to competative priceing". Go to a dollar store for criminie's sake!

  12. Re:Californian Justice... by Daniel+Dvorkin · · Score: 3, Insightful

    Randroids are to economics as al-Qaeda followers are to religion. Meanwhile, those of us who live in the real world realize that things are rarely that cut and dried.

    --
    The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  13. Re:Allow individual users/licensee's to participat by ConceptJunkie · · Score: 3, Insightful

    Yeah, I'm sure billg will personally walk up to the judge and pay it out of his pocket change. MS won't notice the fine and everyone involved will probably get something like $3 each except for the lawyers.

    Do these class action lawsuits ever serve anyone _but_the lawyers?

    --
    You are in a maze of twisty little passages, all alike.