Judge Dismisses Consumer Cases Against Microsoft
Five complaints alleging the software giant forced consumers to pay too much for Windows are thrown out.
Marc Ferranti, IDG News Service
Tuesday, January 28, 2003
Microsoft won some relief from its legal headaches with a U.S. federal judge's decision Monday to throw out five consumer complaints filed in four states.
Judge Frederick Motz, in the U.S. District Court for the District of Maryland, issued an order dismissing the complaints, filed in Oklahoma, Connecticut, Kentucky, and Maryland. The lawsuits were filed on behalf of consumers who alleged that Microsoft's monopoly power in the desktop operating system market forced them to pay too much for Windows.
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Motz threw out the complaints, citing guidance from recent decisions by appeals courts in the relevant states that prevent "actions brought by indirect purchasers of licenses to Microsoft software." Consumers typically buy Windows from indirect resellers such as retail stores.
Antitrust law regarding consumer liability varies from state to state, however. Motz's decision comes after a $1.1 billion settlement earlier this month in a California class-action antitrust suit that calls for Microsoft to offer vouchers, ranging in amount from $4 to $29, to California customers of Microsoft software.
Motz also presided over the California case, as private lawsuits filed by both businesses and consumers have been consolidated under his jurisdiction for legal expediency.
Ongoing Problems
Microsoft's legal problems related to private antitrust cases are far from over, however. Motz recently granted an injunction on behalf of Sun Microsystems, requiring Microsoft to offer Sun's Java to users purchasing Windows.
Microsoft is appealing the decision, but whether or not an appeal is granted, it still faces a court battle in Sun's suit, as well as cases brought by Be; AOL Time Warner, which owns Netscape Communications; and Burst.com. In addition, other consumer cases in various states are pending.
The private cases were filed in the wake of the government's broad antitrust case. Though the government case was settled last year, two states involved in that suit, West Virginia and Massachusetts, are appealing the settlement.
http://www.pcworld.com/news/article/...012803X,00.asp 
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