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Case ID: 3267 | Technology | 12/29/2004
A class action has been filed against Microsoft Corporation on behalf of Minnesota residents who purchased Microsoft operating system and application software between 1994 and 2001, who allege that the software giant used its monopoly power to overcharge them for software licenses. The action seeks up to $452 million in compensatory and punitive damages.
The action alleges that Microsoft has unlawfully monopolized operating system software with Windows and applications software, through its Word, Excel and Office programs. The company allegedly used its monopoly power to overcharge Minnesotans $10 to $70 per item, depending on the product and year. Opening arguments started in early March 2004 in the suit. The trial, expected to take about 15 weeks, could include testimony from Microsoft Chairman and Chief Software Architect Bill Gates. Microsoft has reached settlements in any trust cases in states including California, Tennessee, North Dakota, South Dakota, and Kansas. The only other Microsoft case that went to trial was a federal antitrust lawsuit, filed by the U.S. Justice Department, which the company lost in 1999. In that case, Microsoft was found to have illegally monopolized the operating system market using Windows. The trial judge ordered a breakup of Microsoft, but a federal circuit court overruled the decision. It did, however, uphold the judgment that Microsoft held a monopoly with Windows. Antitrust settlement talks between European Union and Microsoft recently broke down. The EU is expected to announce a series of antitrust remedies, including a fine, that could set a precedent that will make it easier to prosecute other complaints in Europe. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Technology Cases of Interest Several class actions have been filed against software and consulting company Compuware Corporation (Nasdaq: CPWR) and certain of its officers and directors by stockholders who purchased the company's common stock between June 26, 1999, and April 3, 2002. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. Internet security is big business in the aftermath of the 2003 worm attacks. Several class actions have been filed against Internet security solutions provider SonicWALL, Inc. (Nasdaq: SNWL) and certain of its officers and directors by stockholders who purchased the company's common stock between October 17, 2000, and April 3, 2002. The actions claim that the defendants violated federal securities laws by issuing a series of misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The parties have reached a tentative settlement apparently valued at $681,000 in an action filed against maker of McAfee software products, Network Associates, Inc., on behalf of all U.S. residents who purchased McAfee VirusScan version 3 or 4. The action alleged that Network Associates promised to provide perpetual updates to its software, and failed to do so. Persons eligible to take part in the settlement have until July 16, 2004, to avail themselves of a free download of McAfee software. Some people say that the major difference in computer brands today is the quality of support you get from the manufacturer. The parties have reached a tentative $1+ million settlement in a class action filed against Apple Computer, Inc., on behalf of Apple G3 users across the U.S. who alleged that the company's OS X operating system failed to properly support early G3-equipped Mac models even though Apple advertised that the operating system was fully optimized for the G3. Persons interested in participating in the settlement should contact the class attorney for further information. Micron Technology faces another class action lawsuit tied to alleged involvement in an supposed price-fixing scheme among memory chip makers between February 2001 and February 2003. The class action, which is the third of its kind involving price fixing, was filed on behalf of Micron shareholders in U.S. District Court in Idaho against Micron and certain of its officers and directors. The complaint alleges that Micron was engaged in a scheme to manipulate the price of DRAM between Feb. 24, 2001 and Feb. 13, 2003. Do you ever wonder how much it really costs to make that CD that you are listening to, even including company overhead? The parties have reached a tentative settlement apparently valued at $16.38+ million in an action filed against music clubs Columbia House Company and BMG Music Service on behalf of music club members who bought CDs from them between January 1, 1995, and December 22, 2000. Persons eligible to participate should contact class counsel for more information. |
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