Close
  • Latest News
  • Artificial Intelligence
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
Read Down
Sign in
Close
Welcome!Log into your account
Forgot your password?
Read Down
Password recovery
Recover your password
Close
Search
Logo
Logo
  • Latest News
  • Artificial Intelligence
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
More
    Home Latest News
    • Servers

    Microsoft and Lindows Trade Legal Shots

    By
    Matthew Hicks
    -
    September 30, 2003
    Share
    Facebook
    Twitter
    Linkedin

      The war of words between Lindows.com Inc. and Microsoft Corp. this week escalated as the two companies disputed Lindows.coms efforts to process consumers claims in a $1.1 billion California class-action lawsuit settlement.

      Lindows.com, in a letter released on Tuesday, vowed to fight any legal action taken by Microsoft to force the company to take down its MSfreePC.com Web site launched two weeks ago. A Microsoft official declined to say whether the company has taken or plans to take any legal action.

      Through the site, consumers are prompted to answer a series of questions to see if they qualify for a portion of the settlement Microsoft reached in January in the California antitrust and unfair competition class actions against it. As part of the settlement, consumers who purchased Microsoft products between Feb. 18, 1995, and Dec. 15, 2001, can apply to receive vouchers for refunds on future purchases computer products and software after filling out a series of forms.

      /zimages/6/28571.gifClick here for details on Januarys Microsoft settlement.

      But Lindows.com has promised to automate the processing through the MSfreePC.com site. It offers consumers immediate access to the Lindows desktop Linux operating system and other software that competes with the Microsoft platform, if the users would qualify for vouchers worth between $50 and $100. Lindows.com also is offering a free network PC to the first 10,000 consumers who can buy $100 worth of software. Lindows.com, then, handles the processing of the formal settlement claim.

      On Friday, an attorney representing Microsoft sent a letter to Lindows.com CEO Michael Robertson raising concerns that the site will lead to invalid and fraudulent claims and telling the company to either take down the site or address its concerns by Monday. Among the concerns was that the site doesnt provide a valid way for claimants to physically sign a claim form and that retailers and vendors cannot submit claims on a consumers behalf.

      “Your Web site is deceptive, seriously mischaracterizes the settlement, misleads the public and encourages class members to submit improper fraudulent claims that will be denied by the Settlement Claims Administrator,” wrote attorney Robert A. Rosenfeld of Heller, Ehrman, White & McAuliffe LLP, in San Francisco.

      Robertson, in a Tuesday interview with eWeek.com, disputed those charges, saying they are “complete nonsense.” He was particularly annoyed with assertions that digital signatures gathered on the Web site would be invalid.

      “It is hypocritical for Microsoft to endorse digital transactions to bolster your business, but resist them whenever it may negatively impact your bottom line,” Robertson wrote in his letter to Microsoft Chairman Bill Gates.

      Robertson said the settlement does not bar such signatures and that federal law allows for electronic signatures. However, Rosenfeld in his letter representing Microsoft wrote that “the settlement requires all claimants print out, sign and mail their claim forms.”

      “If they want to take this court, we are happy to go to court to defend electronic signatures,” Robertson said.

      Attorneys representing the plaintiffs in the class actions have not taken a position in the dispute between Lindows.com and Microsoft. But lead counsel Richard Grossman of Townsend and Townsend and Crew LLP, in San Francisco, said he is worried that consumers could become confused and deterred from filing a claim because of the back-and-forth between two competitors. A court-sanctioned site was set up as part of the settlement to provide claim forms and settlement information.

      “Our view is that any valid claim signed electronically or signed in ink will be honored,” Grossman said. The settlement itself does not directly address electronic signatures, he said, but requires that consumers and businesses verify the truthfulness of information in their claims in a legally acceptable way.

      Microsoft officials wouldnt offer any details on the companys next step.

      “We will take whatever steps we think is appropriate but cant comment on any litigation strategy,” said spokeswoman Stacy Drake.

      Discuss this in the eWEEK forum.

      Matthew Hicks
      As an online reporter for eWEEK.com, Matt Hicks covers the fast-changing developments in Internet technologies. His coverage includes the growing field of Web conferencing software and services. With eight years as a business and technology journalist, Matt has gained insight into the market strategies of IT vendors as well as the needs of enterprise IT managers. He joined Ziff Davis in 1999 as a staff writer for the former Strategies section of eWEEK, where he wrote in-depth features about corporate strategies for e-business and enterprise software. In 2002, he moved to the News department at the magazine as a senior writer specializing in coverage of database software and enterprise networking. Later that year Matt started a yearlong fellowship in Washington, DC, after being awarded an American Political Science Association Congressional Fellowship for Journalist. As a fellow, he spent nine months working on policy issues, including technology policy, in for a Member of the U.S. House of Representatives. He rejoined Ziff Davis in August 2003 as a reporter dedicated to online coverage for eWEEK.com. Along with Web conferencing, he follows search engines, Web browsers, speech technology and the Internet domain-naming system.
      Get the Free Newsletter!
      Subscribe to Daily Tech Insider for top news, trends & analysis
      This email address is invalid.
      Get the Free Newsletter!
      Subscribe to Daily Tech Insider for top news, trends & analysis
      This email address is invalid.

      MOST POPULAR ARTICLES

      Latest News

      Zeus Kerravala on Networking: Multicloud, 5G, and...

      James Maguire - December 16, 2022 0
      I spoke with Zeus Kerravala, industry analyst at ZK Research, about the rapid changes in enterprise networking, as tech advances and digital transformation prompt...
      Read more
      Applications

      Datadog President Amit Agarwal on Trends in...

      James Maguire - November 11, 2022 0
      I spoke with Amit Agarwal, President of Datadog, about infrastructure observability, from current trends to key challenges to the future of this rapidly growing...
      Read more
      Cloud

      IGEL CEO Jed Ayres on Edge and...

      James Maguire - June 14, 2022 0
      I spoke with Jed Ayres, CEO of IGEL, about the endpoint sector, and an open source OS for the cloud; we also spoke about...
      Read more
      IT Management

      Intuit’s Nhung Ho on AI for the...

      James Maguire - May 13, 2022 0
      I spoke with Nhung Ho, Vice President of AI at Intuit, about adoption of AI in the small and medium-sized business market, and how...
      Read more
      Applications

      Kyndryl’s Nicolas Sekkaki on Handling AI and...

      James Maguire - November 9, 2022 0
      I spoke with Nicolas Sekkaki, Group Practice Leader for Applications, Data and AI at Kyndryl, about how companies can boost both their AI and...
      Read more
      Logo

      eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site’s focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

      Facebook
      Linkedin
      RSS
      Twitter
      Youtube

      Advertisers

      Advertise with TechnologyAdvice on eWeek and our other IT-focused platforms.

      Advertise with Us

      Menu

      • About eWeek
      • Subscribe to our Newsletter
      • Latest News

      Our Brands

      • Privacy Policy
      • Terms
      • About
      • Contact
      • Advertise
      • Sitemap
      • California – Do Not Sell My Information

      Property of TechnologyAdvice.
      © 2022 TechnologyAdvice. All Rights Reserved

      Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.

      ×