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Microsoft sued for complicating Windows refunds
Class Action |
2011/01/25 10:36
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Microsoft is facing a class action lawsuit in Italy over how difficult it is making getting a refund for copies of Windows that are bundled with new PCs. Filed in Milan by the Associazione per i Diritti degli Utenti e Consumatori (ADUC), the lawsuit (statement) aims to have Microsoft make changes to its end user license agreement (EULA) that assumes users agree to it by using the software when first turning on their PCs.
Those who opt to replace the software with another OS such as Linux are forced to try and get a refund from the hardware vendor rather than Microsoft itself, a process that's proven hard before. The group is a consumer watchdog and believes Microsoft is being directly anti-competitive. It's "using its strong position in the market to promote their products in an unlawful manner, to the detriment of users and competition," it said.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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