Microsoft Class Action Suit Outcome: Indifference 188
Ec|ipse writes points out that only about 7 percent of eligible Californians have decided to take Microsoft up on their settlement claims resulting from a class action suit in that state, writing "Microsoft contends that it's because the software giant is so popular with consumers." Eclipse excerpts from the press release on Yahoo! (from Settlement Recovery Center, a company that "helps businesses participate in class action settlements"): "With only two weeks remaining until the January 8 deadline, fewer than one million claims have been filed, out of some fourteen million eligible, for a share of the $1.1 billion fund arising out of the Microsoft class action settlement in California."
More Money for the ones that Do File? (Score:5, Interesting)
Re:More Money for the ones that Do File? (Score:2)
Kidding. Perhaps they could put all the extra into a "Nuclear missiles pointed at Redmond" fund. That way, if they do anything worse, BOOM! No more Redmond.
Re:More Money for the ones that Do File? (Score:2)
You (not you specifically, but if it applies to you, then yes you) may not want WMP or IE integrated, or don't like this and that about a MS product, but lots of people do like it, so suites agai
Re:More Money for the ones that Do File? (Score:2)
Do you work for MS? That is a stupid assumption that they are making.
This whole "settlement" is a scam that is only going to HELP MS, it is not going to be a punishment. It will cost MS very
Re:More Money for the ones that Do File? (Score:3, Insightful)
Re:More Money for the ones that Do File? (Score:2)
Frankly what the settlement should do is give the left over money to some charities.
Re:More Money for the ones that Do File? (Score:2)
Oh, my. In that case you can keep the citizenship, I don't need it.
Re:More Money for the ones that Do File? (Score:3, Informative)
According to the settlement, two-thirds of the unclaimed proceeds will go to public schools around the state in the form of Microsoft software and vouchers.
So no, the claim filers will not get the excess.
Which is the coolest thing of all.... (Score:2, Insightful)
Re:Which is the coolest thing of all.... (Score:2)
absolutely ridiculous that they can use this situation to FURTHER their monopoly - and in one area that is already bad enough.
sickened indeed
Nobody is getting ANY money! Hence nobody filed. (Score:5, Insightful)
Yeah, that's right. You can get up to $100 in REBATES. You will not end up with a net gain of $100, you will just get $100 off some crap that you probably wouldn't have bought had you not been given some stupid voucher and felt the need to use it.
Kudos to Microsoft for fooling the courts into such a meaningless penalty.
Buy GNU software with it! (Score:2)
Re:Nobody is getting ANY money! Hence nobody filed (Score:2)
c) Be able to fill out any sort of form...
Well, I have a degree in Physics and am currently employed as a Senior Programmer, and I bought the copy of XP Pro that's running on the machine I'm using right now, but you're probably right, it's a wonder I manage to walk, talk and breathe at the same time.
Arrogant condescending twat.
Re:Nobody is getting ANY money! Hence nobody filed (Score:2)
Re:Nobody is getting ANY money! Hence nobody filed (Score:2)
This is why people can give speeches, sing, and play wind instruments without turning blue and collapsing.
Though now I re-read your post and wonder if it's sarcasm...
Re:More Money for the ones that Do File? (Score:3, Interesting)
It certainly isn't because I'm happy with MS, though it doesn't surprise me that they would have the gall to claim so. Actually, first I found them totally useless at supplying help, and then I found their revised EULA to be something I could not agree to.
Re:More Money for the ones that Do File? (Score:5, Informative)
"Q: What benefits are available under the settlement?
A: You will receive vouchers redeemable for cash after the purchase of a wide variety of software and computer hardware products. The vouchers are worth: $16 for each Microsoft Windows or MS-DOS license claimed; $29 for each Microsoft Office license claimed; $5 for each Microsoft Word, Home Essentials or Works Suite license claimed; and $26 for each Microsoft Excel license claimed.
Q: What can the vouchers be used for?
A: You can exchange your vouchers for cash by submitting proof of purchases you made after July 18, 2003 of the following computer products: Any desktop, laptop, or tablet computer made by any manufacturer for any operating system platform, or any of the following devices: printers, scanners, monitors, keyboards, or pointing devices (e.g. mouse, trackball). Qualifying software includes any non-custom software offered by any software vendor for use on a desktop, laptop or tablet computer. The qualifying computer hardware or software does not have to be a Microsoft product. After you submit proof of purchase to the Claims Administrator (either with your claim form or your voucher) a check will be sent to you for the amount of your purchase. The Claims Administrator will keep track of any remaining value on the voucher for your use in making future purchases. The claim form instructions and the voucher will explain the redemption procedure in more detail. "
Re:Open Source has Devalued the Micro$oft Offer (Score:2)
25 of the top 100 products on the Amazon.com Software sales chart are from Microsoft, with Student Teacher Office 2003 currently in third place. Christmas rebates bringing the price down to $99.
Re:Open Source has Devalued the Micro$oft Offer (Score:2)
Christmas rebates bring the price of Openoffice down to, um, free
"Student Teacher Office 2003" from Amazon probably doesn't even come close to Openoffice's million downloads a month [openoffice.org] totalling over 35 million.
Re:Open Source has Devalued the Micro$oft Offer (Score:2)
There are several stand-alone and upgrade versions of Office on the Amazon list.
How many of those OpenOffice downloads represent new users rather than upgrades and how many are for Windows?
Student-Teacher Office installs on up to three systems, which is probably an acceptable limitation to most home users. Office at $30-$50 a seat can compete against OSS. Amazon is
Acceptance of Microsoft (Score:1, Insightful)
Re:Acceptance of Microsoft (Score:3, Insightful)
Re:Acceptance of Microsoft (Score:2)
Yea, Microsoft's crap may sometimes be buggy and have security issues but at the same time I'll chalk that up to user error. Turn on your firewall, turn on autoupdate, get a virusscanner, stop downloading stupid shit, etc.
So you mean the average user has to do *all of this* to get Microsoft software running fine? God, and I though configuring sendmail was tough!
Re:Acceptance of Microsoft (Score:2)
Autoupdate is automatically on in SP2.
You are reminded to install a virus scanner automatically in SP2.
You are prompted every time you download stupid shit, that downloading said shit is dangerous.
Re:Acceptance of Microsoft (Score:2)
As for your computers being f..ed up, I don't know wh
Re:Acceptance of Microsoft (Score:2)
A product with greater than 90% market share can reasonably be considered popular, without the quotes, and if, after being trumpted from the rooftops for twenty years, people still aren't aware of the Mac, what hope is there for Linux?
Stupid conclusion... (Score:3, Insightful)
Re:Stupid conclusion... (Score:5, Insightful)
Now in theory consumers should still take a win as the offending company's loss should be enough to make future simular actions to potentially costly to risk. Unfortunately if that's not the case the companies will general treat it as 'the cost of doing bussiness'. If microsoft made >1.1Billion(actually it's a smaller number than that as they had that money for a while to use as capital) doing whatever they just got slapped with they still proffit from doing so, just not as much as they could have.
I think class actions suits should have a minimum award if successfull of at least the amount the company made(income, NOT proffit, and in actuall cash, not products) off of it's improper actions. That and reduce the lawyers portion to say 5-10% and then not only might it work as intended, but the members of the class might actually get enough $ to make the hassle worth while.
Mycroft
Re:Stupid conclusion... (Score:2)
Let's say for a minute that the lawyers take 1/3.
Your payout from the giant pool is $12 (reasonable). That means that 2/3 of the total pool paid you $12, meaning that even if the lawyers worked for free, you'd only receive $18. Not exactly rolling in dough, here.
Sure, the lawyers get rich, but it isn't exactly like they're particularly screwing you by their take being so big; you're screwed because the pool is so huge, and the payment isn't large enough in
Re:Stupid conclusion... (Score:2)
Actually the main reason (which, to my fault, I forgot to put in there) was to help reduce the odds of frivolous lawsuits in the class action arena. I've seen/heard about a dozen adds from lawyers trolling to start class action suits against viox(sp?), that arthritus pain drug recently pulled voluntarily by it's maker. While I may be out some facts
Where's the publicity? (Score:5, Insightful)
Re:Where's the publicity? (Score:2)
~S
Re:Where's the publicity? (Score:2)
Not publicity, paranoia (Score:3, Funny)
MS Windows OS licenses: 5 x $16 rebate = $80
MS Office Suite licenses: 1 x $29 rebate = $29
BSA raid on our company: 1 x -$10,000 fine = -$10,000
Total: -$9,891
I'm guessing there are a lot of other people and companies that this did not make economic sense for either.
Individuals received mail + why I declined (Score:2)
Why botther (Score:5, Insightful)
Re:Why botther (Score:2, Insightful)
Whether or not this makes sense on all levels is an open question, but this what the legal reasoning is.
Cat got your tongue? (Score:5, Funny)
It's worse than that, I'm afraid. (Score:2, Funny)
Nothing like an organization created to punish microsoft for monopolistic business practices that forces claimants to use a recent version of microsoft software to download their claim forms.
On a side note - here's an example of super nifty web design at its absolute worst. Instead of just making a plain old html page with links to a plain
Suprise? (Score:5, Informative)
Why do you think stores offer "mail-in rebates"? Because NO ONE SENDS THEM IN. Or at least a substantially small number as to still be wildly profitable.
People like to think they're getting a good deal, but when it comes time to send in the paperwork, it doesn't happen.
Jerry
http://www.syslog.org/ [syslog.org]
Re:Suprise? (Score:3, Insightful)
I don't send them in.
Fill it out, mail it, wait for it...
All that for 5 bucks off? And now they have legal grounds to bury you in spam... no thanks.
Re:Suprise? (Score:2)
Re:Suprise? (Score:2)
Speaking from experience, I was responsible for rebates for my company (yay, much more important than software engineering
Why people don't file (Score:5, Insightful)
Not that I'm a big consumer of Microsoft software in any case :-)
Bruce
Reminds me of Nintendo (Score:5, Informative)
The only think that Microsoft didn't manage to do in this case was tie the deal to new purchases; otherwise, it's Microsoft laughing, not rumbles from Mt. St. Helens over there.
Re:Reminds me of Nintendo (Score:2)
Wow, that's absurd.
Stewing
Re:Reminds me of Nintendo (Score:2)
I think that it is shameful for a computer geeks to know of Mt. St. Helen but not of Mt Rainier. [thehaus.net]
Re:Why people don't file (Score:2)
That is not a settlement, it is a marketing strategy.
Dirty Cash (Score:1)
Or it could be that some people view accepting the settlement money implies that they endorse that settled state...rather than refusing the settlement, and pushing the court action.
Who really wants to take the time (Score:2)
Even easier... just give it all to charties.
Re:Who really wants to take the time (Score:2)
The math... (Score:2)
Re:The math... (Score:2, Funny)
You forgot about the lawyers!
So it works out to about 10-14 bucks each.
Voucher Math (Score:3, Insightful)
What is interesting is the effect of the vouchers on the profitability of Microsoft. Two cases are possible when someone is going to use a voucher -
Case 1: Someone uses the voucher to purchase software that they originally would not have pu
Re:Voucher Math (Score:3, Insightful)
That introduces Case 3, where someone uses their voucher to purchase non-Microsoft products. This would actually remove potential profit from Microsoft's bottom line.
Money? depends on volume (Score:2, Informative)
Once again (Score:2)
plum pudding. (Score:5, Insightful)
Microsoft has smart lawyers, and California's lawyers apparently rolled over and played dead, after making a good show of pursuing the case after most others had dropped it.
But let's look at this...Microsoft's lawyers negotiated a settlement whereby:
1. claimants have to produce and file an old receipt for purchase of software. (dropoff percentage upward of 75%, for sure)
2. claimants receive a VOUCHER FOR FUTURE PURCHASES of computer stuff. (dropoff percentage at least 50%)
3. claimants have to send all that paperwork to a claim management company to get their real money (dropoff percentage at least 30% -- would be much higher, but any customer who is this far along can be presumed to be motivated...)
and lastly, the icing on the cake:
4. two-thirds of unclaimed funds are donated, by Microsoft, to California schools in the form of computer hardware and software. The software, of course, has zero incremental cost to Microsoft except in lost sales to CA schools, but even more importantly...there is no donation better spent than a donation to kids. Get them early, get them for life.
What ever happened to: "You screwed the plaintiffs over. Make full restitution now or go to jail."?
Re:plum pudding. (Score:2)
And Microsoft get a tax deduction for this donation to charity.
Delusions? (Score:2, Flamebait)
It's like some nerd saying "I don't get a lot of dates, but that's just because so few girls out there deserve me. I just need to find one that does."
Re:Delusions? (Score:2)
Not indifference (Score:5, Insightful)
I qualify under the settlement, but it wasn't satisfaction with Microsoft or simple indifference that made me not file for it. It's the settlement itself. What do I get from it? A paltry $5 off Word, for example, or $30 off the complete Office suite. That isn't even enough to offset the sales tax on those products. And I have to buy products from the same company being punished. They've abused their monopoly position, not to mention been the root cause of most of the virus headaches I have to deal with, and I should add to their profits? Why? If the settlement had involved MS having to give me a discount on competitor's products, I might've gone for it.
Horrible Logic Here - This is actually good (Score:2)
Given that, did it ever occur to anyone that people who don't like M$ might not want more M$ software?
Given that, did it ever occur to anyone that a relatively few number of people taking advantage of a chance to get free M$ software might indicate a low demand for more M$ software.
Saying the response rate of this settlement is due to "popularity of M$ with consumers" is horribly bastardized logic.
Re:Horrible Logic Here - This is actually good (Score:2)
Well, it might occur to you that the vouchers can only be redeemed for M$ software, but you would be wrong. From the Q&A:
Re:Horrible Logic Here - This is actually good (Score:2)
It could have been a convenience thing (takes too much time to make it worth getting a small discount on something. Or there could have been privacy concerns (some people might not want to submit their name/address/phone/et al to M$.
Arizona Settlement (Score:2, Informative)
"A voucher for $9.00 for each li
The Microsoft Gap (Score:5, Interesting)
Had the 14 million people eligible to take a small slice of Microsoft's money all been geeks, I'd say at least 10 million would have claimed the money-- not because they needed it, but simply to hurt, and spite, MS. It would have been a little "death of a thousand cuts" for MS. Instead, we got a lackluster 1 million claiming their slice of the pie. Actually, it's a miracle that even that many people signed on.
Most geeks are too naive to realize just how popular Microsoft really is among the general populace.
To most geeks, Bill Gates is a wily scuzzbag who happened to be in the right place at the right time, applied his incredible business acumen, and now is in a position where his company can milk the general populace for a significant percentage of the cost of a new computer every single time they buy one. He's a robber baron who takes other companies'/peoples' good ideas, bastardizes them, and makes money on them, leaving the original creators to go bankrupt (at worst) or carve out tiny niche markets (at best). Or he just buys them out.
However, to non-geeks (reminder: this covers 99+% of the US population), Bill Gates is a hero and a role model. He is someone that they aspire to be like, due to his incredible wealth and business acumen. The general Party Line among the unwashed masses seems to be "Well, Windows is what everyone runs, so it must be the best." This is rather akin to "every keyboard uses QWERTY, so QWERTY must be better than all other layouts" (e.g. Dvorak). It's also akin to "VHS beat out Beta, so VHS must be better in all ways." Nevertheless, this is how most people in the US feel on the matter.
Until geeks understand how non-geeks think, no progress will be made in educating the public.
Re:The Microsoft Gap (Score:5, Funny)
Re:The Microsoft Gap (Score:5, Insightful)
Oh, I disagree completely. I talk to enough "non-geeks," as you call them, to know that the general consensus is that Windows is a necessary evil and that Bill Gates _has_ manipulated the system to his advantage and his competitors (and sometimes customers) disadvantage. To be sure, they don't react angrily to this, one fist in the air and the other handing $1500 to a sales person at the Apple store. They see Gates and Microsoft mainly as unfortunate but typical of any large company. They feel about as empowered to do anything as they do about complaining about the high costs of anything.
Re:The Microsoft Gap (Score:2)
In anycase, these settlements are bogus. Hopefully with the
Re:The Microsoft Gap (Score:2)
No, that's not how it works. The total amount is allocated in advance, and the fixed amount of money is divided amongst the people that signed up. Microsoft has to pay the same amount regardless of how many people signed up in this phase of the suit.
Damages in class action suits are usually not intended to provide restitut
Re:The Microsoft Gap (Score:2)
Re:The Microsoft Gap (Score:2)
Does it really make a difference any more? (Score:3)
Even forcing MSFT to make a version of windows without media player is a joke. Many people are used to using media player, and so many companies have created products counting on the fact that a user will have media player. Big Deal.
What are users going to get out of this? $10 off their next purchase of MSFT software. So now MSFT makes a slightly smaller margin on their software for
The gov't needs to start thinking outside the box, monetary, software reconfigs aren't going to fix it. They need to deal with MSFT like they did with the coal and railroad barons of the early 1900s and with AT&T. The gov't is always trying to put the "djini back into the bottle." We all know its easier to do wrong and beg for foregiveness than it is to ask for permission....
Re:Does it really make a difference any more? (Score:2)
Class action settlements are a rip (Score:2)
I had a house with bad siding. That class action settlement had to have an inspection and lots of other stupid crap. Had to reschedule the inspection three times. The siding didn't look that bad and finally all the process just wore me down. Who has infinite time to pursue a petty settlement?
Class action suits are a ripo
Filing out the form (Score:2)
Perhaps the web site is not Mozilla compatible. Which is just ironic on a number of levels.
Re:Filing out the form (Score:2)
My primary browser is firefox. It did not generate a form for me to download and fill out.
So I tried IE (latest patched version for Windows/2000 Professional). It did not generate a form for me to fill out.
Now I suppose I could change my system to use IE as the default browser, turn off Earthlink popup blocking, and try again. Then reset everything afterwards.
I don't think so. There are actually three pieces of Microsoft software that I wouldn't mind owning, just to keep in practice (I use non
Why I don't file (Score:2)
Yeah, we're overjoyed. (Score:2)
With all due respect, who gives a flying f--k?
I didn't run down to the library to check out one of 1,000 copies of ABBA's first album after the RIAA got slapped down. I'm not going to bother with this either.
Microso
Odd (Score:3, Insightful)
"... People and businesses that are covered by the settlement can get vouchers that may be redeemed for cash after buying eligible computer products.
You'ld think that MS would be able to look at it's registered users database and simply know who is elegible. After all, some of us who build our own systems have been paying the old MS tax for years, and dutifully registered everything in the faint hope that MS support just might be able to help some time.
I would just as soon the state collected the settlement and reduced taxes a little.
Re:Odd (Score:2, Funny)
So assuming they grant my several hundred dollars worth, I think I'm inclined to get myself a G5......
Bad Karma (Score:4, Interesting)
At my local (California) community college, one Monday in mid-December, four young men stood outside the cafeteria. They were trying to get people to sign a petition "to help breast cancer research". They were being a little abrasive; people who ignored them were assailed with loud comments like, "Oh, I guess you don't care about breast cancer."
I walked up to them and asked what their petition was about. The "leader" explained that only 1% of people had claimed their refunds from Microsoft's antitrust settlement. He said that he and his companions were working for the antitrust lawyers, who would be paid on the basis of how many people actually collected this settlement money. If I signed certain paperwork, the $100 I was "entitled" to would go to breast cancer research, and I would get a tax deductible donation. "So have you bought any Microsoft products in the past?" he asked.
"No."
"Does your computer have any Microsoft stuff on it?"
"No," I replied. "I use Linux."
"Ohh, Lanux," he replied knowingly. He tried again: "Have you even used anything from Microsoft?" He reminded me I didn't need documentation.
At that moment, a middle-aged woman walked briskly up to the table. "I do NOT appreciate what you said to my daughter!" she said.
"What?"
"She couldn't sign your petition--because she's only 16. And you said, 'Bad karma, I hope you get breast cancer'!"
I left the table and walked over to a young woman standing a few yards away. "Did they actually say that?!" I asked.
"Yes," she said, tears in her eyes. "I can't sign that, because I'm not old enough. And they said, 'Bad karma, I hope you get breast cancer.'"
"That's terrible," I said. Her mom came back to us, snapped, "Let's go," and they did.
I left for class. As I did, I heard a young-ish female student trying to score points with the petitioning males: in a catty, loud voice, she remarked, "Gosh, some people are soooo easily offended."
Didn't seem fair, frankly (Score:2)
Re:Didn't seem fair, frankly (Score:2)
Re:Didn't seem fair, frankly (Score:2)
I really think you ought to study metaphysics in some context other than The Simpsons.
Re:Didn't seem fair, frankly (Score:2)
plus, it doesn't have anything to do with "metaphysics".
I think you ought to THINK about what the point is and not how the point is phrased.
Re:Didn't seem fair, frankly (Score:2)
Yes it does. You wanted to suggest a moral course of action, and your only recourse is to a silly cartoon? That bespeaks a certain lack of depth. It certainly doesn't support your point in any meaningful way.
plus, it doesn't have anything to do with "metaphysics".
Lisa Simpson would know better. Look it up [reference.com]
I think you ought to THINK about what the point is and not how the point is phrased.
I THINK you ought to read the rest of m
Slapdown (Score:2)
I'd like to see the money go towards building a catapult designed to hurl week-old chicken guts into their main conference room.
Comparing to other Class Actions (Score:2)
Suggestion (Score:2)
Can't get a claim form (Score:2)
Anybody actually getting vouchers? (Score:2)
This was last April. After mailing them in, I haven't heard a peep from them. I'm pretty much guessing I never will either.
My guess... (Score:3, Insightful)
... is that most of the people who are even aware of this class action lawsuit are thinking ``Oh, great! Just what I need: a check for $50 or voucher from Microsoft for some more of their buggy software''. At that point they decide that the suit isn't worth the effort to track down the receipt for the PC/software and, from there on, their brain's ``waste of my time'' filter kicks in whenever it's mentioned.
Now if it turned out that you'd get a full refund of the retail price of your MS software plus, oh, $100-$200 for every time your PC had to be rebuilt from scratch due to the swiss cheese nature of their OS/application security, then it starts becoming worthwhile to join in on the suit.
Re:Microsoft Reports: Everybody loves Microsoft (Score:3, Informative)
Certainly that's part of it, but, as a roving tech support person who talks to folks about new computer purchases, I can say that the MAIN reason that many folks stick with Windows is fear.
They are worried that they won't be able to open stuff they get from friends or work. They are worried they won't be able to buy a certain application or hardware device because their computer won't support it.
They k
Re:Microsoft Reports: Everybody loves Microsoft (Score:2)
Re:that's because... (Score:3, Funny)
Re:that's because... (o/t) (Score:2)
Re:Too many Californians have no pricipals (Score:2)
No, we're usually all too eager to do something on principal [google.com].
They'll make you pay (Score:3, Insightful)
Look at what these people will do to ensure that they don't lose (I think forging evidence to present to a judge is pretty damned scary.) I would bet a tidy sum that all this personal data won't just be filed & for