Legal Archive

Microsoft Settles Iowa Consumer Antitrust Lawsuit

Microsoft reached an undisclosed settlement in a lawsuit claiming it used its monopoly position to overcharge Iowa consumers for software products including Windows and Word. Microsoft reached the deal with a statewide class of consumers who had purchased Microsoft products since 1994. The plaintiffs claimed the company violated Iowa antitrust law to charge inflated prices by taking advantage of its monopolies in personal computer operating systems and software applications.

Dell Faces Investor Lawsuit Over Intel Pact

"A new investor lawsuit against Dell accuses the computer maker of improperly accounting for hundreds of millions of dollars in payments from long-time partner Intel, a plaintiffs' attorney said on Friday. The lawsuit accuses Dell of artificially inflating profits "by secretly receiving approximately $250 million a quarter in likely illegal rebate kickbacks payments" from Intel in return for an exclusive deal to purchase Intel's microprocessors, class-action lawyer William Lerach told Reuters.

DRM, Vista, and Your Rights

"In the US, France and a few other countries it is already forbidden to play legally purchased music or videos using GNU/Linux media players. Sounds like sci-fi? Unfortunately not. And it won't end up on multimedia only. Welcome to the the new era of DRM!" Update: Norway's consumer ombudsman has ruled that Apple's Fairplay DRM is illegal. This follows the news that France and Germany have sided with Norway.

US Attorney Investigating Apple Stock Options

The U.S. Attorney's Office for the Northern District of California is investigating the stock options backdating activities of computer and consumer electronics manufacturer Apple. The federal action comes in the wake of the disclosure by Apple last month that it completed an internal investigation of options backdating and concluded that, although Apple chief executive officer Steve Jobs recommended some backdating of stock options for himself and other Apple employees, he wasn't aware of the accounting implications of those recommendations. Luke Macaulay, a spokesman for the U.S. Attorney's Office in San Francisco, confirmed the existence of the investigation, but did not provide additional details.

Judge Deals Blow to SCO’s IBM Lawsuit

"A federal judge on Thursday gutted SCO Group's USD 5 billion, Linux-related lawsuit against IBM - renewing debate about the Utah company's future. Concluding a six-week review, US District Judge Dale Kimball upheld federal Magistrate Brooke Wells' June decision to strike down two-thirds of SCO's allegations. The Lindon-based software company contends IBM violated its contract and copyrights when it allegedly leaked SCO-owned Unix code into the freely-distributed Linux operating system.

Microsoft’s Documentation Finally Gets a oui/ja/yes from Europe

"It's been a good week for Microsoft's documentation efforts as the company achieved important milestones with regulators on both sides of the Atlantic. US antitrust authorities signed off on Vista and IE7 and announced that Microsoft was making good progress in its efforts to document certain server protocols in Windows. In Europe, where Microsoft has encountered more problems and increased fines over the state of its documentation, the company got a rare bit of good news as the European Commission completed its initial review of the revised documents."

Vista Apparently Compliant with 2002 US Antitrust Ruling

US prosecutors say Windows Vista and the latest version of Internet Explorer apparently comply with the requirements of the 2002 antitrust judgement against Microsoft. In a joint status report filed Tuesday with the U.S. District Court in Washington, D.C., prosecutors said Microsoft appeared to be complying with the judgement, which found Microsoft abused its Windows monopoly and set down rules for the software maker to follow to avoid future anti-competitive behaviour. Prosecutors and Microsoft have been submitting joint reports on compliance to the court every six months.

Microsoft Appeals Second EU Fine

As expected, Microsoft said Tuesday it has appealed a July fine by the European Commission with the Court of First Instance, the European Union's second highest court. It accuses the EC of prolonging the case while the Redmond company attempted to comply with the ruling. Microsoft vowed to appeal after the EC handed down the 280.5 million euro fine on July 12. Before that ruling, he regulatory body had never fined a company before for failure to comply with an earlier order.

The Apple vs. Microsoft GUI Lawsuit

When Mac sales dropped off in 1985, Bill Gates personally wrote John Sculley suggesting that he license the Macintosh design to companies like Apollo, DEC and Wang, and establish the software as the industry standard. Apple declined, and Microsoft published Windows. Sculley was enraged, and eventually filed suit. After five years, Apple lost, but not before severely damaging its relationship with Microsoft (which accounted for 2/3 of all Mac software sales).

Microsoft Submitted Documents in Bid to Avoid Fine

Microsoft has submitted documents required by the European Commission in an effort to avoid further fines for breaching an antitrust ruling, a spokeswoman for the European Union regulator said on Monday. "We received the technical documentation from Microsoft. The competition services are currently analyzingit with the help of the trustee. It's too early to say whether they complied with the decision," the spokeswoman said.

Source: EU To Cap Microsoft Daily Fine at USD 3.8 Million

The European Commission plans to raise the ceiling of future fines on Microsoft to 3 million Euros (USD 3.8 million) a day if the company continues to defy an antitrust decision, a diplomatic source said on Monday. He was speaking as European competition regulators met to discuss the amount of a fine the European Union's executive arm will impose on the software giant for failing to comply with the 2004 decision that it abused its dominant market position.

Lawsuit Calls Microsoft’s Anti-Piracy Tool Spyware

A computer user is suing Microsoft over the company's Windows Genuine Advantage anti-piracy tool, alleging that it violates laws against spyware. The suit by Los Angeles resident Brian Johnson, filed this week in U.S. District Court in Seattle, seeks class-action status for claims that Microsoft didn't adequately disclose details of the tool when it was delivered to PC users through the company's Automatic Update system.