Search:  

 
 
   News
newer
story category California Sues Microsoft
Several counties and cities have filed a class-action lawsuit
(old news - 10:45AM Saturday Aug 28 2004)
tags: legal · software
In California, five state counties and two cities have filed a class-action lawsuit (CNET) against Microsoft for using its monopoly power to deny government agencies free choice in software products and charge high prices. The legal action, filed by the city and county of San Francisco, said that Microsoft's tactics caused harm to government users of its Windows operating system and Word and Excel software. "It's anti-competitive, it's predatory, and it denies consumers, and in this case taxpayers, the benefits of innovation that a free marketplace should provide," Dennis Herrera, attorney for the city of San Francisco, said in a statement. The city and county of Los Angeles, Santa Clara County, San Mateo County and Contra Costa County are all taking part in the class action.

Related:
  1. Friday Evening Links
  2. Monday Morning Links
  3. Gator Finally Dies
  4. Firefox Add-On Simulates Great Firewall Of China
  5. Brit Censors Back Off Wikipedia Ban
  6. Debate Springs Up Over CNN P2P Use
  7. Tuesday Evening Links
  8. Wednesday Evening Links
Forums » California Sues Microsoft
view: topics flat text 
Post a:
page: 1 · 2

Neil
Stop All The Downloadin

join:2003-08-20
New York, NY

why is MS to blame?

How did MS deny anybody the right to uninstall Excel and use OpenOffice? I'm not seeing what they actually did wrong in this. Was there some sort of contract where these agencies were required to buy Microsoft products?
--
..compression technology that increases your existing Internet connection speed to way past faster than broadband.

The views and opinions expressed herein do not reflect those of my employer.

aaaaaaaaaaaaaaaaaaaa

@4.42.x.x

Re: why is MS to blame?

i agree, did microsoft tell the state of ca they had to buy their products or is ca just like the rest of the world & just sheepish...bahhhhhh

someh

@cox.net

thumbs down from:
PliotronX See Profile

Funny how almost every state in the US puts down California. Why? cuz they are just jealous of what California has they are just a bunch of redneck freaks that marry there sisters and brothers.

Voyager2K2

join:2001-10-04
Wayne, PA

Re: why is MS to blame?

Umm the Mid-Atlantic region has more class in their right pinkie than the entire state of California has.
It's legal to marry your first cousin in CA BTW.

rstrandb
Premium
join:2003-04-17
Albany, GA
·Mediacom

said by someh:
Funny how almost every state in the US puts down California. Why? cuz they are just jealous of what California has they are just a bunch of redneck freaks that marry there sisters and brothers.

We are also jealous of the school system there. Your use of the English language is light years ahead of us redeck freaks. Oh, and FYI....it's our cousins we marry, not our brothers or sisters.
--
Deep thanks to those who defend America from those who would do us harm.

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK

Re: why is MS to blame?

It probably has something to do with the Licensing agreements on upgrading, forced obsolence and the like.

We don't have enough information here to really tell, but I'd doubt it's *frivolous*.

Lumberjack
Premium
join:2003-01-18
Newport News, VA
Yeah, we are all jealous that we aren't the number one contributor of the national debt.

Derwood

join:2003-01-21
Dayton, OH
·RoadRunner Cable
·AT&T Midwest

Oh yeah.. I'm jealous of a place that taxes people into oblivion with one of the highest state and sales tax rates in the country.
And I suppose I should also be jealous of a place where housing costs are 3 times higher than where I live now right?
And the school systems.. heh.. I suppose I should be jealous of school systems that teach ebonics, right?

I grew up in California. You couldnt pay me enough to go back. You can have it..

Redneck and Proud

@beverlycorp.com
As opposed to SF where brothers marry their brothers?

javaMan
Premium,MVM
join:2002-07-15
San Luis Obispo, CA

said by Neil See Profile:
How did MS deny anybody the right to uninstall Excel and use OpenOffice? I'm not seeing what they actually did wrong in this. Was there some sort of contract where these agencies were required to buy Microsoft products?

There isn't any information I saw that said one way or the other. I can't see how they have a case unless there was something in their agreements that required something like this.
--
Woe unto them that call evil good, and good evil; that put darkness for light, and light for darkness. . . Isa. 5:20

wilbilt
Pronto Resurrected
Premium
join:2004-01-11
Oroville, CA

Re: why is MS to blame?

said by javaMan See Profile:

said by Neil See Profile:
How did MS deny anybody the right to uninstall Excel and use OpenOffice? I'm not seeing what they actually did wrong in this. Was there some sort of contract where these agencies were required to buy Microsoft products?

There isn't any information I saw that said one way or the other. I can't see how they have a case unless there was something in their agreements that required something like this.
These cities and counties should be suing the State of California instead of Microsoft. Municipalities and the organizations within them are required to use state-mandated applications for submitting reports, financial accounting, student identification, etc....that are all Windows-based.

The State is forcing these applications upon the users, not Microsoft.
Mordhem
Love it, Hate it.

join:2003-07-10
Baltimore, MD
·Comcast

I agree I r confused lol, every one hates microsoft tho for there bad os, ohh wait I forgot every other os sucks like 100 times worse its just people like to cry and b:)ch, hell some think microsoft is gready. They are its the truth but so is just about every company it just happens M$ is the the big fish out them all I for one Like the stuff they come out with I would like to see some one else do better but the fact is no one has.

M A R K
Premium
join:2001-06-15
Long Island
clubs:
All this is stale... let them keep on doing this, i just don't give a phuck any more...

dk1983

join:2003-10-18
Boise, ID
clubs:
·Qwest.net

Dumbasses!!!

Man No one is forcing you to buy Microsoft products..If you don't like the price go else were..Its just like smokers suing tobacco makers and saying that that smoke is killing me.. Man no one is forcing you to smoke.. Damn people..

The sad part is that they are more then likely to with just like the smokers won..

antiphishing
Phishing Scam Terminator
Premium
join:2004-06-09
Wilkes Barre, PA

Re: Dumbasses!!!

_______________________________________________________
Man No one is forcing you to buy Microsoft products..
_______________________________________________________

Other then Windows platform which most people are forced to use because Microsoft has a huge monopoly on computer manufactures. I agree with you that people are not forced to use or buy any other Microsoft product. I myself, would not buy any other Microsoft software because they are way overpriced compared to many third party vendors.
--
Dslreports.com Forum No-Spin zone starts here.
»www.antihotmail.com
spammers_are_scumbags@antihotmail.com

xpc2600

join:2004-05-14
San Diego, CA

Re: Dumbasses!!!

"which most people are forced to use " -- forced my ass

no one is forcing me to use windows, i choose too

the reason i use it because it works all the time

they aren't overpriced, if you want the best you have to pay for it.
Beeper
Part Of The Problem

join:2001-09-27
Dayton, OH
clubs:

Re: Dumbasses!!!

said by xpc2600 See Profile:
"which most people are forced to use " -- forced my ass

no one is forcing me to use windows, i choose too

Please name for me the 10 largest PC manufacturers in nation. How can I acquire a box from them with no OS on it? How many non-Windows clients do they ship annually? What percentage is that of their total shipments.
said by xpc2600 See Profile:

the reason i use it because it works all the time

Next you'll tell me that a 9mm slug cures a headache.
--
Guaranteed Fear and Loathing. Abandon all hope. Prepare for the Weirdness. Get familiar with Cannibalism.

antiphishing
Phishing Scam Terminator
Premium
join:2004-06-09
Wilkes Barre, PA

Re: Dumbasses!!!

____________________________________________________________
Please name for me the 10 largest PC manufacturers in nation. How can I acquire a box from them with no OS on it? How many non-Windows clients do they ship annually? What percentage is that of their total shipments.
___________________________________________________________

This actual was my main opinion on the original post. It looks like some people need to put a spin on everything that is written in this forum. You just can't call Dell or Gateway and ask them for a blank hard drive or a computer with Linux. Likewise, you won't get it either from any of the Big-Box electronic stores or China-Mart. It's just not going to happen because Microsoft forces the majority of computer users to use their products.
--
Dslreports.com Forum No-Spin zone starts here.
»www.antihotmail.com
spammers_are_scumbags@antihotmail.com
hedyd4u
Premium
join:2003-12-16
Schenectady, NY
You can build your own computer and install your own OS. If your not that bright you use what is available.
B777300

join:2002-01-02


1 edit

Re: Dumbasses!!!

said by hedyd4u See Profile:
You can build your own computer and install your own OS. If your not that bright you use what is available.

I guess you have no idea how hard is work on your own OS. It takes over 5 years and billions lines of code.

BonezX
Basement Dweller
Premium
join:2004-04-13
Canada

Re: Dumbasses!!!

start with a linux or freebsd kernel as your base and build up from there, or get a mac
B777300

join:2002-01-02

Re: Dumbasses!!!

said by BonezX See Profile:
start with a linux or freebsd kernel as your base and build up from there, or get a mac

Thats much easier.
--
Can you say fiber optics?

DefMATRIXens

join:2002-08-05
Union City, NJ

said by B777300 See Profile:
said by hedyd4u See Profile:
You can build your own computer and install your own OS. If your not that bright you use what is available.

I guess you have no idea how hard is work on your own OS. It takes over 5 years and billions lines of code.

Yo Mircosoft stolen the files from Apple and build its OS which is called Windows.

antiphishing
Phishing Scam Terminator
Premium
join:2004-06-09
Wilkes Barre, PA

It would cost a lot more money to build your own computer then buying it directly through Dell or Gateway.

People in the United States are not going spend more money building their own computer when you can buy one directly from a manufacture who will buy hardware and software in very large volumes. This will mean cheaper computers which is what everyone wants in the first place.

Granted ,their are people who build computers for themselves but the majority of computers users are not technically advanced enough to go this route. So it's buy a new computer with Windows installed or build your own and then decide for yourself the platform you want to use.
--
Dslreports.com Forum No-Spin zone starts here.
»www.antihotmail.com
spammers_are_scumbags@antihotmail.com

DaDogs
Semper Vigilantis
Premium
join:2004-02-28
Deltaville, VA

Re: Dumbasses!!!

While I am in your camp... regarding Microsoft...

You can get a rebate from Microsoft, or you could in 1999, if you never use the POS and install another OS.

»www.winnetmag.com/Article/Articl···459.html
--
»members.ozemail.com.au/~lbrash/msjokes/

jap
Premium
join:2003-08-10
038xx
·RoadRunner Cable

Yes, but like smoking, Windows *is* addictive! It's been proven that rats routinely exposed to the Windows start-up tune & splash screen and then have that stimulus removed loose weight, become fidgety, and suffer drastically reduced socialization skills. MS deliberately cultivated these addictive properties, embedded them into their products in a manner difficult to verify, then actively covered-up and denied so doing. In fact, they continue to bury hooks into the registry that further addicts the user *and* conditions users to loath & fear 3rd-party software that competes with Office, IE, and other MS applications.

For this deception, that clearly originates at the highest level of MS, they are going down, dudes.

DaDogs
Semper Vigilantis
Premium
join:2004-02-28
Deltaville, VA

Re: Dumbasses!!!

Nice one. Good humor.

The Folsom
Kindly Shut Your Noise Hole.
Premium
join:2003-01-31
Yucaipa, CA
·Verizon FIOS

said by jap See Profile:
...Windows *is* addictive!

...loose weight, become fidgety, and suffer drastically reduced socialization skills...loath & fear 3rd-party software...
I AM RATMAN!!!

heh heh... Good one, jap!
--
"Maybe" is twice as good as "No", but only half as good as "Yes"... »www.folsomtech.com
hedyd4u
Premium
join:2003-12-16
Schenectady, NY
ROFL very nice.

Camelot One
Premium,MVM
join:2001-11-21
Sarasota, FL
clubs:

Ok, this is going too far

Companies who have been hurt by MS's monopoly tactics I understand. But does this mean I can now sue Microsoft because I want to use their software, but want to pay less than they are asking for it?

There is nothing anti-competitive here, these cities are perfectly "free" to pick other software.
--
AMD A64 3200+/ MSI K8N Neo/ 2x 512Mb Kingston HyperX PC4000/ WD 74Gb Raptor/ Gainward GF4 4600/Gainward 5200PCI/ Antec 550 True Control/Custom water cooler
Goldengamego
Premium
join:2004-02-22
Okemos, MI

BS

quote:
deny government agencies free choice in software products and charge high prices.
Bullshit

Ever heard of Linux, OpenOffice.org, StarOffice, Wordperfect?

"Hey what should we do about this budget?"

"I know we could switch to Linux"

"naw lets just go sue Microsoft"


--
Because Goldengamegod won't fit:p
cybercrimes

join:2003-12-24
Phoenixville, PA
·Verizon FIOS
·Comcast

SUE SUE SUE

Everything is SUE SUE SUE over dumm tings that is why the USA going down the tube people are sueing over dumn @hit.

like people sueing mcdonals because the food made them fat
no one told them to eat it everyday

maybe i shoud sue them it causes heart atacks if you eat alot of it

jazzy_

join:2004-01-27
Charleston, SC

sigh

give me a break! these lawsuits are getting very old.

PhoenixAZ
Joshua
Premium
join:2004-01-04
Phoenix, AZ

LOL!

Sueing Microsoft would just make you have to PAY FOR MORE STUFF, like Lawyers. Gosh, California is getting dumber and dumber, Luckily I moved out of that cruddy, crimefilled state. Why doesnt california just go linux? And No one is forcing you to not uninstall, its right in Add REmove Programs!
--
Visit my website.

linicx
Caveat Emptor
Premium
join:2002-12-03
United State
·CenturyLink

There is a difference

There is a diff between individuals, individual companies and large city governments that depend upon affordable, secure software. It is is much easier for an individual to switch operating systems and learn how to use it than it is to each 5,000 secretaries how to use KDE and Open Office or CLI for that matter.

Gates has milked the fatted calf for years; it is no secret. The question at hand is does the city pay thousands of dollars in user fees to upgrade, or does it go through the pain of switching to Open Source knowing it may be several weeks or even months before the employees are entirely comfortable with a new system and the bugs are worked out of it?

I know what I would do because I have already done it. When it comes to computers and making a trade off, it is never an easy or cheap choice, initially.

See 21 replies to this post

jwardl

join:2000-08-12
Spring, TX

BS!!

Typical California liberalism run amok... blame someone else for your own decisions -- especially if there's money in it!

No one forced California to use Windows. They're free to use Linux, Unix, or even OS/X with Macs or Mac clones if they wish.

While it's true the prices of some MS products are out of reach, no one from Microsoft has put a gun in the face of any consumer. If I find a MS product unaffordable, I don't buy it! I buy an alternative that I can afford, use a free version, or do without!

As for California's claim that: "It's anti-competitive, it's predatory, and it denies consumers, and in this case taxpayers, the benefits of innovation that a free marketplace should provide," if anything, MS is responsible for CREATING innovation and helping to make computers as mainstream as they are today. While some of us techno-geeks are happy to work with different types of software and finding solutions to compatibility issues, the general public is not. The average computer user wants PC use to be EASY (i.e. they don't want to be electricians to be able to turn on the overhead light). While Windows is far from perfect, it's created a standard in the marketplace that was sorely needed. Without this, PC's would still be a loose collection of incompatible operating systems and proprietary hardware, keeping prices of all things PC high. If Microsoft hadn't done it, someone else would have had to... then THEY'D be getting sued.

jsmarkbrown
Premium
join:2002-12-16
Baltimore, MD

yes but no

The arguement that they can simply install open source software is a good one had they done it years ago. The problem now is that governments have huge infrastuctures and changing all computers that communicate and exchange data, plus hiring people who can administrate the changes and retrain everyone, not to mention hardware conflicts, etc. It's easy to make the change when you have 50, maybe 100 computers. But when you have tens of thousands; pc's, servers, intranets, huge domains, etc, it's not an easy or cost effective task at that point. Then you have to convince the ones who write the checks, which is a whole other issue. Microsoft knows this. And no matter what the outcome of this legal action, Microsoft will still make lots of money.

jwardl

join:2000-08-12
Spring, TX

Re: yes but no

The arguement that they can simply install open source software is a good one had they done it years ago.

But they COULD have done it years ago. The fact that they didn't isn't MS's fault. We all make decisions that sometimes lead to situations we'd rather not have to deal with. How is that someone else's fault?
BosstonesOwn

join:2002-12-15
Everett, MA
clubs:

Re: yes but no

Because the lawyers laughing their way to the bank say so.

jsmarkbrown
Premium
join:2002-12-16
Baltimore, MD
They didn't do it years ago because in the days of Win95, you didn't have all this proprietary arm twisting.

72276539
Premium
join:2001-01-19
Atlanta, GA

Real reason for this action

From the article:

The lawsuit follows successful class actions against Microsoft in several states, including a $1.1 billion award to California consumers. The same law firm that argued that civil action is representing California counties and cities in the latest legal maneuver. The lawsuit, which could recoup millions of dollars for the California government, also comes as the state took out loans to compensate for a $15 billion budget shortfall.
--
some people believe in astrology others believe in technology some people believe in all those -ologies but i believe in swordfish

See 34 replies to this post

woody7
Premium
join:2000-10-13
Torrance, CA
·EarthLink
·DSL EXTREME

Now you Know why.....

'Kalifornia' used to be squared away......now you are getting an idea why we are so messed up....this kind of thinking permeates all parts of the state government.....The powers that be are really full of themselves.....it is getting uglier by the day, no one has a clue....If my house wasn't worth a lot of money and going up as I speak, and I was old enough to retire....I would leave.....we are all doomed....(end of rant)

It's still better than most states....
--
BlooMe

GeekForce

@attbi.com

Looking for money?

Is California that much in debt?

woody7
Premium
join:2000-10-13
Torrance, CA

Re: Looking for money?

Yes "Kalifornia" is that much in debt, from years of spending more than you take in....do the math....and the prognosis is not good....
--
BlooMe

GeekForce

@attbi.com
Is California that much in debt?:o

Owlbet
Ignite the Ice
Premium,MVM
join:2002-09-24
Palmer, AK
clubs:
·MTA Online

Re: Looking for money?

said by GeekForce:
Is California that much in debt?:o

Heck the amount of money California is over budget is probably Bill Gates entire net worth. I'm being sarcastic, so don't take the comment as gospel. Microsoft's fiscal year end was June 30, 2004, so I'm sure somewhere on the Securities & Exchange Commission's Edgar database Microsoft's Annual Report to Shareholders will be posted. It's public information. Microsoft has deep pockets. Speaking far-fetched, where would we be if Microsoft decided to retire (buy back) all it's outstanding shares of stock and closed up shop. Not sell the company, just close up shop. Who would step up to the plate then?
--
Rocky is, was, and always will be Dawg E. Dawg. Miss you, pal!

Anomus

@rr.com

After years of lawsuits youd think everyone would know that Big M is a monopoly. And high school teaches that monopolies help the company and hurts everyone else. It appears a whole gang of idiots just crawled out from underneath the 7 year cicada rock. Why dont you all go to the library and find out all about microsoft in the old papers and magazines. I have no doubt that Govs were lured into an initial investment only to be blindsidedly whacked later when an upgrade is required. Microsoft is notorious for this and only endless sueing will wear on them in the hopes that one day they will change their ways. You cant hire a workforce, equip them, and train them, and then start all over again when your supplier bones you up your eanis.

See 13 replies to this post

antiphishing
Phishing Scam Terminator
Premium
join:2004-06-09
Wilkes Barre, PA

Everyone knows Billion Bill's high priced legal dream team will somehow get Microsoft a good deal , just like he slithered himself out of all the past legal litigations.



Dslreports.com Forum No-Spin zone starts here.


»www.antihotmail.com
spammers_are_scumbags@antihotmail.com
Stumbles

join:2002-12-17
Port Saint Lucie, FL
What a lame law suit. The judge should throw it out on the grounds of other availbale alternative operating systems.

Almost sounds like suing the crack dealer because you got hooked on crack.
hedyd4u
Premium
join:2003-12-16
Schenectady, NY

If you hate Microsoft don't use them you have other options. Microsoft sells its products for a fair market value (determined by what people are willing to pay) if you don't like the prices don't buy Microsoft products. If you say Microsoft was your only option then your an idiot. Remember when personal computers first came out not just anybody could use them. Microsoft made a product that the masses could use. Some other company could have done the same, Microsoft was not some huge player in the beginning.

DaDogs
Semper Vigilantis
Premium
join:2004-02-28
Deltaville, VA

Re: get a life

said by hedyd4u See Profile:
Microsoft was not some huge player in the beginning.

Nope, you are right, IBM was a huge player and Microsoft was carried upon IBM's shoulders for the first five years.
--
»members.ozemail.com.au/~lbrash/msjokes/

Luenyar

@comcast.n

If California got 1.1 billion for the Class Action suit the states brought against Microsoft, how can individual counties now sue. I mean I know that it says it was on behalf of the consumers. But were not the counties counted as those consumers. Or did every Windows user in California get a check from the state. My guess is no. You can tell me if I am wrong though.

Da22in
Buck Fush

join:2002-06-10
Charlotte, NC
clubs:

If this suit doesn't get thrown out of court, it will only be sign of how California should really just detach and fall into the ocean.

Microsoft has definitely used heavy-handed tactics in the past - that's called business leverage. Microsoft has never been a monopoly, by definition - despite what some prejudiced judge has said. Now there's a whole new class of trendy sheep that bash Microsoft because it's the cool thing to do; spout off the same tired gibberish no matter what the subject matter....and how 'bout that ultra-nifty "M$"?

This lawsuit is frivilous at best. Exactly how did Microsoft harm gov't users of Windows and MS Office? Shouldn't these users be suing their state/local gov't for choosing Microsoft and causing them harm? Didn't the gov't buy the software/licenses to begin with? How did MS gain the right to tell government entities which software they can/cannot use? Does buying a license to use an OS or application mandate that you must use the software?

This litigation is nothing more than an attempt at "revenue enhancement".
--
Out the 100Base-T, past the firewall, through the router, down the cable bus, over the leased line,off the bridge...nothing but Net.

Ochiee
Premium
join:2001-04-08
Santa Clara, CA
·Comcast

I'd like to know how many of you critics of this suit have actually read the charges. It would specify exactly on what grounds they're suing .. this blub of a story doesn't tell us anything.

As far as the successful class-action suit goes, it only represented individuals and businesses, not government agencies.

I just love seeing how people are willing to pass judgement without knowing what's going on. You guys are great!
--
Someday we'll look back on this, laugh nervously & change the subject.
StealtheR

join:2003-02-07
Phoenixville, PA

Re: Critics in the know ??

lol what's next?
Forums » California Sues Microsoftpage: 1 · 2


Wednesday, 25-Nov 05:09:21 Terms of Use | Privacy Policy | Hosting by www.nac.net - DSL,Hosting & Co-lo | feedback | contact
over 10 years online! © 1999-2009 dslreports.com.