“Lindows.com, an OS software startup sued by Microsoft last month for alleged trademark infringement, is hoping to have the case thrown out of court on a technicality, its chief executive said Friday. […] Lindows.com, which is based in San Diego, California, has since argued that it can’t be sued in a state that it has never done business in, Lindows.com Chief Executive Officer Michael Robertson said. Lindows.com filed a motion to dismiss the case on Jan. 2 in which it urged the Washington court to throw out Microsoft’s case because Lindows.com is outside the Washington court’s jurisdiction.” Read the rest of the story at InfoWorld. In the meantime, the Lindows company gave to Microsoft the names, snail mail addresses and email addresses of the people who have registered so far to have access to the Preview version of LindowsOS, when that would be available. They were compelled to do so, the Lindows CEO said.
Lindows Pleads for Technical Dismissal
Submitted by Yves R. Crevecoeur 2002-01-15 Linspire 5 Comments
Clever ploy by Microsoft there — trying to make the Lindows company look bad because the details you submitted aren’t ‘safe’…
how can ms claim all that personal information ? just ask ?
wtf does ‘compelled to do so’ really translate to? If the court ordered them to do it, or their lawyer recommended that they do so, then that’s one thing, but if MS just asked and they just handed it over, I think that really is questionable on Lindows’ part.
It doesn’t make sense, legally. If the request came as part of discovery (in which case Lindows would be required to turn over the info if not privileged), then how can Lindows be pleading for dismissal for lack of jurisdiction? (Yeah, this is a legal argument). If they are far enough along to be responding to discovery requests, then I think Lindows has already submitted to jurisdiction, and can’t plead for this dismissal.
Everybody on that list, watch your boxen for keystroke capture devices.
Argh! Eugenia, I thought you weren’t posting
any more Lindows News until they had at least
a working beta? I had this last night around
8/9pm (Chicago USA time) and decided not to
mail it to you because you said you weren’t