Elkins, et al. v. Microsoft Corp.

Posted by joy


Has any other past or present Vermonter gotten a notice in the mail of this class action lawsuit? I recieved mine last weekend and after taking a cursory lookover, it appears that a couple of Vermonters filed a class action lawsuit versus Microsoft alleging violations of the Vermont Consumer Fraud Act.

Anyway, it appears that in order to get a voucher from Microsoft (a whopping $12 for each license of Windows 95/98/98 SE or $5.00 for each purchase of DOS, Windows 1.0-3.2, Windows for workgroups, Windows NT/2000/2000 Professional or Word, Excel and Office - up to Office 2000) You have to supply a serial number if claiming 6 or more copies. Then, after getting your voucher, you’ll need to go to the Settlement Administrator to get reimbursed up to the face value of the voucher for purchasing Qualifying Hardware or Software. One could get reimbursed for purchasing a Mac, desktop, laptop or even a Tablet PC.

There are more fine print details in the accompanying paperwork, including the fact that if less than $9,700,000 in vouchers are claimed, then Microsoft will issue vouchers to schools in which 50% or more of the students get free or reduced price meals. Of course the value of the vouchers issued to these schools will only be 50% of the difference between the vouchers claimed by class members and the 9.7 million settlement amount.
Suffice it to say, I highly doubt that there are enough class members to hit that 9.7 million mark, so basically, we’re going to see Microsoft only pay a fraction of the settlement money in the end.

The only information I found about this lawsuit online were some older Vermont Supreme Court arguements (scroll down) whose audio links are borked. It is amusing though that the audio links are in .wma format. And a press release at Microsoft.com.


4 Responses to “Elkins, et al. v. Microsoft Corp.”

  1. fluffy Says:

    How useless. I almost hope that people don’t bother filing their claims so that at least some good will come of it.

  2. bert Says:

    I remember getting something myself way back in the Florida class action suit. I never bothered filling it out.

  3. Julie Lerman Says:

    Hey Babe - you must love this stuff when it crosses the technology AND legal camps at the same time. You can even read supreme court arguments and understand them? If I need a translation, I’ll let you know! Anyway, could you forward me a copy of the email? thanks.
    Julie

  4. Colin Says:

    Yep, I got the same thing.