Seattle – Multnomah County Circuit Judge in Oregon, John Wittmayer has
dismissed a lawsuit against Microsoft Corp. that claimed consumers paid too
much for Windows 98. This gives the software maker one of its first victories
in a string of consumer antitrust suits filed in 37 states and the District of
Columbia.
The Judge based his Tuesday decision on a U.S. Supreme Court ruling that
consumers cannot sue a company under antitrust laws if they did not purchase a
product directly from the company.
That not only covers computers purchased with the Windows operating system pre-
loaded, but also software and upgrades purchased through retail outlets such as
software stores and online e-commerce sites. Microsoft only sells directly to
retail stores and computer makers, and does not offer direct sales to
consumers.
“We believe this is a good first step based on sound Supreme Court precedent,”
said Microsoft spokesman Jim Cullinan. “I think the court recognized that these
are simply efforts by plaintiffs’ attorneys to go after a successful company
and nothing more.”
A Portland lawyer representing Oregon consumers, said he is considering an
appeal.
Recently, since a federal judge has found that Microsoft violated federal
antitrust laws, there has been a rush on the courts by attorneys looking to sue
the company.
U.S. District Judge Thomas Penfield Jackson last week ordered Microsoft be
broken up into two companies. Microsoft is appealing the decision.
On June 13th, The U.S. Court of Appeals said it will convene a full panel of
judges to hear Microsoft’s challenge of a breakup order, an unusual move that
could favor the software giant in its historic antitrust battle with the
government.
Last week, Globes, a major Israeli business newspaper, recognized Microsoft and
two other businesses whose community affairs programs have made a positive
impact on Israeli society. The Awards for Businesses Benefiting Society, the
first ever presented in what Globes plans to make an annual awards program,
were chosen based on the companies ongoing commitment of time, resources, cash
and volunteers to community projects.
Microsoft was recognized for its commitment to five projects that help Israelis
of all ages improve their lives through technology. Intel Corp. and Red Sea
Radio, located in Eilat in southern Israel, were also honored.
