Bonum Certa Men Certa

Microsoft Sued for Sidekick Disaster, Fined for Using “Money Power” to “Harass” Defendants

Capitol place



Summary: Sidekick lawsuits arrive in class action form and Microsoft's dirty games in the courtroom finally have it punished severely

Microsoft recently cut its legal budget by 15% and axed many lawyers. Given the sheer number of patent lawsuits against Microsoft (still increasing), this is a recipe for trouble but yet another lawsuit (class action) has come to hit Microsoft. Here are the latest news reports:



'Sidekick' owners sue Microsoft over cell data wipeout

They lost song lyrics, phone numbers and e-mails -- all stored on their Sidekick phones -- and now several Chicago area residents are suing software giant Microsoft Inc. and subsidiary Danger Inc. for a server backup problem that caused the wipeout.

The four plaintiffs named in the suit have yet to recover the data from the October incident, according to the lawsuit filed in Cook County Circuit Court.


'Sidekick' owners sue Microsoft over cell data wipeout

T-Mobile Sidekick users file class action suit against Microsoft

A class action lawsuit has been filed against Microsoft by disgruntled Sidekick users who lost all their mobile data a few months ago.

According to the suit, filed Tuesday in Cook County Circuit Court, Terrence Taraszka, Katie Taraszka, Adam Beckelman and Michael Guerrero -- and others like them -- lost e-mail and text messages, contact information, phonebooks, calendars, notes, and favorite internet addresses stored in their Sidekick mobile phones when Microsoft and Danger, Inc.'s data servers failed on Oct. 2, 2009.


Sidekick Users Seek $75K in Class Action Suit

T-Mobile Sidekick users sue Microsoft

Chicago-area residents have filed a class action lawsuit against Microsoft after losing data on their sidekick phones.

The lawsuit, filed Tuesday in Cook County Circuit Court, claims that the plaintiffs- Terrence Taraszka, Katie Taraszka, Adam Beckelman and Michael Guerrero- lost email, text messages, contacts, phonebooks, calendars, nots and other media when their Sidekick phones suffered a technical glitch.


We previously wrote about Sidekick in:



How might Microsoft deal with the lawsuits? So far it has been using false promises (saying it would restore the data) to discourage plaintiffs and keep lawsuits at bay. Failing that, Microsoft has another outrageous strategy which the Indian press has covered:

It’s a capital cost all right! Delhi High Court has asked Microsoft Corporation to shell out Rs.800,000 ($16,000) for choosing to fight four copyright violation cases in the Indian capital even though they originated in other cities.

The order came after the court found that the alleged violations occurred in Bangalore, Hyderabad, Chandigarh and Mumbai.

Not only did the court note that Microsoft had offices in these cities, but it also said the company was using “money power” to “harass” the defendants, who would have to travel to Delhi to fight the cases.


This strategy is used in many cases to drain and exhaust those who sue Microsoft, until they run out of money that's required to make more motions. There are many such recent examples, including various lawsuits against Microsoft for misconduct surrounding Windows Vista. A reader of ours has just found a similar report in the India Times and sent us a pointer.

Is it not ironic that Microsoft is fighting "four copyright violation cases" while at the same time Microsoft is arrogantly ignoring copyright law? That's just total hypocrisy. Here is a new article from the China Daily:

Microsoft Corp has been ordered by a Chinese court to stop selling versions of its Windows operating systems that include fonts designed by a local company, citing a violation of licensing agreements.

[...]

Microsoft will have to stop selling the Chinese versions of its Windows 98, 2000, 2003 and Windows XP, according to the court. It is unclear when the ruling will take effect or how many copies are affected.


This is a copyright violation that we wrote about before. It is still in the news. Microsoft also broke copyright/patent law when it knowingly infringed on i4i patents [1, 2, 3, 4, 5, 6, 7, 8, 9, 10] and violated the GNU GPL. It only complied last week after being caught.

At the same time, Microsoft is pushing this article where it sucks up to a monopolist supreme -- a new government role which is intended to maximise copyright zeal. Given that Microsoft's actions are offering their support to ACTA, Microsoft is a major part of this problem. Here is the opening part of the cocky Microsoft placement:

Late Thursday, the Senate voted to confirm Victoria Espinel as the first United States Intellectual Property Enforcement Coordinator (IPEC). Microsoft applauds this action and welcomes the opportunity to work with Ms. Espinel as she moves into her new role.


We mentioned this appointment before. Biden is extremely pro-intellectual monopolies.

"Open source is an intellectual-property destroyer [...] I can't imagine something that could be worse than this for the software business and the intellectual-property business. I'm an American; I believe in the American way, I worry if the government encourages open source, and I don't think we've done enough education of policymakers to understand the threat."

--Jim Allchin, President of Platforms & Services Division at Microsoft

Comments

Recent Techrights' Posts

FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
 
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day