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Most SCOUG members will be eligible, and should file their claims by the
8th:
Californians Face Deadline on Microsoft Antitrust Claims
By John Pallatto
December 29, 2004
Thousands of companies and California residents will turn their backs on a
share of the $1.1 billion antitrust settlement against Microsoft Corp. if
they don't file simple claim forms by the Jan. 8, 2005 deadline.
ADVERTISEMENT
Last month the California Superior Court signed an order extending the
deadline to Jan. 8 to give consumers more time to file claims. Consumers
shouldn't expect that the court will extend the deadline again, said
Richard Grossman, a lawyer with the San Francisco law firm of Townsend and
Townsend and Crew, which was the lead counsel in the class action
antitrust lawsuit against Microsoft.
The lawsuit charged that Microsoft used monopoly power to overcharge
consumers and businesses for key software applications that they ran on
desktop computers. Microsoft signed the settlement in 2003.
"The claim period has been open for well over a year and it is time to
wrap this up," Grossman said. "Claims are coming in from across the state,
including claims from the largest corporations to individual consumers,"
he said. However, to date only about 620,000 claim forms have been filed
with the settlement administrators, he noted.
PointerClick here to read the details about the settlement that Microsoft
entered in the California class action lawsuit.
Many of these claims are from large corporations claiming compensation for
their purchases of thousands of Microsoft software packages or Microsoft
applications shipped installed on thousands of desktop PCs. These
companies could recover hundreds of thousands or even millions of dollars
in compensation for the software purchases.
But even individuals stand to receive between $50 to $150 if they bought
Microsoft applications or a PC loaded with Microsoft software between Feb.
18, 1995 and Dec. 15, 2001, according to Grossman.
eWEEK.com Special Report: Microsoft TrialsThe reason so few individuals
have filed claims may be because they don't realize how simple the claim
process is, Grossman said. People can obtain claim forms by visiting the
settlement Web site or by calling 800-960-5660, he said.
Claimants will find answers to most questions about the settlement and
about making claims at the site. They can either print claim forms from
the site or request them by mail.
Individuals don't have to provide extensive documentation or receipts to
prove the claim is valid if they are seeking compensation for fewer than
five computers preinstalled with Windows or five eligible Microsoft
software packages, Grossman said. They can simply list the products that
they purchased during the seven-year time period and sign the forms "with
no other proof of purchase other than that you swear that you bought these
products," he said.
Two-thirds of any unclaimed settlement funds will go to California schools
and qualified charities, according to Grossman. The funds "will go to the
neediest California schools for a whole range of technology support,"
Grossman said. This will include desktop computers, laptops or peripherals
such as printers, scanners or keyboards, he said.
Individuals and businesses can also choose to donate their settlement
funds to schools and charities, he said.
The remaining one-third will be retained by Microsoft. The settlement
didn't require Microsoft to place the $1.1 billion in an escrow fund. "We
think they are good for it," Grossman said, so Microsoft will only pay the
claims as they are received and validated, he said.
Schools and businesses can use the settlement proceeds to buy whatever
hardware and software they want, whether it's Apple Computer Inc. hardware
or Linux software, as long it runs on some type of desktop or laptop
computer, Grossman noted. It can also be used to buy new Microsoft
applications, for that matter, he said.
"The point of this lawsuit was to provide consumers with greater choice
and that was the idea behind this settlement," he said. It also "provided
software companies with an opportunity to compete against Microsoft using
Microsoft's own money," he said.
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"Mark Abramowitz"
Community Environmental Services
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The Southern California OS/2 User Group
P.O. Box 26904
Santa Ana, CA 92799-6904, USA
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