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CyberScrub Privacy Suite 5.0.0.126 »
« 100% protection against any threats vis USB drive! really?!  
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SUMware
Premium
join:2002-05-21


edit:
May 10th, @04:31PM

reply to astirusty
MSFT ruled a monopoly

From CNN:
MSFT ruled a monopoly
November 5, 1999 -
quote:
A federal judge declared Friday that Microsoft Corp. possesses monopoly power in the market for PC operating systems and harmed consumers through its anti-competitive behavior, giving the government a pivotal victory in the long-running antitrust trial.

The findings represent a major setback to Microsoft, largely because U.S. District Judge Thomas Penfield Jackson rejected the company's defense that its actions have not harmed consumers.

In his findings of fact, Jackson said Microsoft (MSFT), which holds more than 90 percent of the market share for PC operating systems, caused "consumer harm by distorting competition."

"Three main facts indicate that Microsoft enjoys monopoly power," Jackson wrote. "First, Microsoft's share of the market for Intel-compatible PC operating systems is extremely large and stable. Second, Microsoft's dominant market share is protected by a high barrier to entry. Third, and largely as a result of that barrier, Microsoft's customers lack a commercially viable alternative to Windows.

"Microsoft has demonstrated that it will use its prodigious market power and immense profits to harm any firm that insists on pursuing initiatives that could intensify competition against one of Microsoft's core products," Jackson added.

"The ultimate result is that some innovations that would truly benefit consumers never occur for the sole reason that they do not coincide with Microsoft's self-interest."

Justice Department officials hailed Jackson's findings as a major victory.

"This fully supports the [Justice] Department's view that this case is about protecting consumers," U.S. Attorney General Janet Reno said.

Joel Klein, head of the Justice Department's antitrust bureau, said the evidence proved that "Microsoft is a monopolist and it engaged in massive anti-competitive practices that harmed innovation and limited consumer choice."

For their part, Microsoft officials attempted to downplay Jackson's findings, noting that Friday's statements marked just the latest step in an ongoing process.
U.S. DOJ Antitrust Case Filings - United States v. Microsoft

Court's Findings of Fact

Edit -
FWIW: Several days ago I received my settlement check from Microsoft [as have many (tens of thousands/millions?) others], resulting from a class-action group of lawsuits, against Microsoft, brought by a number of U.S. states.

The lawsuits proved that the company violated state laws against unfair trade practices by artificially raising the prices of its products.

Microsoft lost the suits and paid out. And their check cleared!

astirusty
Premium
join:2000-12-23
Henderson, NV
·AT&T Southwest

said by SUMware See Profile :

Microsoft lost the suits and paid out. And their check cleared!
Oh man are you in it now!
Did you not read the EULA that came with the check?

--
Do yourself a favor, just say no to anything Windows.

SUMware
Premium
join:2002-05-21


edit:
May 10th, @06:28PM

said by astirusty See Profile :

Oh man are you in it now!
Did you not read the EULA that came with the check?
Oh yeah. Wanna read it? This is the complete and actual text (it took a long time to type it accurately) -

"By cashing this check, I agree to the following release: On behalf of myself and those I represent, I agree to fully, finally and forever settle and release all claims, demands, actions, suits and causes of action against Microsoft and/or its directors, officers, employees, attorneys, insurers or agents, whether known or unknown, asserted or unasserted, that any member of the --- Settlement Class ever had, could have had, now has or hereafter can, shall or may have, relating in any way to: any conduct, act or omission that was or could have been alleged in this case as the basis for any antitrust or unfair competition claims; or the purchase, use and/or acquisition of a license for a Microsoft Operating System and/or Microsoft Application and arising under or related to laws concerning or related to antitrust (including without limitation, the Sherman Antitrust Act), unfair competition, unfair practices, consumer protection, price discrimination, unconscionable or unfair pricing, trade regulation, trade practices, the Uniform Commercial Code, [state statutes]; or other federal or state law, regulation, or common law similar or analogous to any of the above; or special and general damages (including treble damages), costs or attorney's fees; or prejudgement or post-judgement interest.

The claims described above will be released as to the following Released Parties: Microsoft Corporation, and its current and former officers, directors, employees, attorneys, agents and insurers. Also included are any and all predecessors or successors, and/or shareholders of Microsoft and each of its subsidiaries, affiliates, and divisions: provided, however, that any such person or entity shall be considered a Released Party only to the extent that such person or entity is sued in its capacity as a predecessor, successor, and/or shareholder of Microsoft or its subsidiaries, affiliates, and divisions.

You may not sue any Released party for any Settled Claim in the future.
"

To my relief, no mention of first born children.
Unless I missed it...
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