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Microsoft settles some state lawsuits

Daniel Fleshbourne   on 28 October 2003 - 16:33 · no comments & 167 views

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Microsoft has reached settlements in some state class-action lawsuits it has been defending, the company said Tuesday. Details about the settlements will be released later in the day, Microsoft said.

Ever since a federal judge ruled in April 2000 that Microsoft enjoyed a monopoly and violated antitrust laws, the world's largest software company has found itself fighting off a swarm of lawsuits. On Sept. 30, Microsoft said it would pay $10.5 million to settle one private antitrust lawsuit. In May, the company said it would pay AOL $750 million to resolve an antitrust complaint filed in 2002. In March, Microsoft paid $12.3 million in vouchers to settle class-action suits brought in Montana.

The most prominent settlement to date took place earlier this year, when a San Francisco judge gave preliminary approval to a $1.1 billion deal ending class-action suits filed in California.

View: Microsoft to Announce State Class Action Settlements, Provide Update on Legal Settlements
News source: news.com


The UK's music industry also lobbied against the law -- but on the grounds that it was too lenient, and would drive the music industry out of the country.

Brown said that an exemption had been built in allowing cryptographic researchers to circumvent copyright protections, but said the language of this provision was "perhaps less clear than it should be". One of the DMCA-like provisions of the EUCD is the criminalisation of circumventing copyright protections, in other words cracking anti-piracy technology on DVDs, CDs, printer cartridges and the like.

Other observers noted that the new UK law could be used to imprison file-swappers on peer-to-peer (P2P) networks such as Kazaa for up to two years.

One of the law's provisions states that "A person who infringes copyright in a work by communicating the work to the public... to such an extent as to affect prejudicially the owner of the copyright... commits an offence."

Struan Robertson, editor of the newsletter Out-Law, produced by UK law firm Masons, noted that this could be used to fine P2P users or send them to prison for up to two years. "By making a music file available for download for any other users of your chosen P2P network, you are communicating the work -- potentially at least -- to millions, i.e. to an extent that the music industry could say is prejudicing its rights," he said in a statement.

FIPR's Brown agreed the UK regulations allowed scope for abuse, but said that on this provision, the UK was bound by the provisions of the EUCD itself.

"It's the directive that's the problem," he said. "The groups who are concerned have to make sure their voices are heard next year when the European Commission reviews [the EUCD], and suggest changes."


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