Bonum Certa Men Certa

Microsoft Sued (Class Action) for "False and Misleading Statements" Regarding "Financial Performance"

Financial fraud continues, without the 'Bernard Madoff' treatment

Bernard Madoff



Summary: The latest crimes of Microsoft lead to a class action lawsuit filed by its own shareholders

Microsoft is no stranger to financial fraud, which goes a long way back at the company. The software monopolist, Microsoft, habitually defrauds investors. I can say that with confidence given my decade or so of research into it. Traditionally, Microsoft has bribed the accusers, but what happens when class action is at stake? Microsoft paid, while entering debt/operating at a loss, millions of dollars to one employee who had blown the whistle on financial misconduct (also see [1, 2]), but can Microsoft afford to bribe millions of people?



The press release about this new class action lawsuit says:



The complaint charges Microsoft and certain of its officers with violations of the Securities Exchange Act of 1934. Microsoft is the world's largest software company, primarily as a result of its near-monopoly on Windows personal computer ("PC") operating system software and its Microsoft Office collection of productivity programs.

The complaint alleges that, during the Class Period, defendants issued materially false and misleading statements regarding the Company's financial performance and its tablet computer, the Surface RT. Specifically, defendants misrepresented and failed to make public the following adverse facts: (i) that the Company's Surface RT product was experiencing poor customer demand and lackluster sales; (ii) that the Company's Surface RT inventory experienced a material decline in value during the quarter ended March 31, 2013; (iii) that the Company's financial statements for the quarter ended March 31, 2013 were materially false and misleading and violated Generally Accepted Accounting Principles and Microsoft's publicly disclosed policy of accounting for inventories; (iv) that the Company's Form 10-Q for its third quarter of 2013 failed to disclose then presently known trends, events or uncertainties associated with the Surface RT product that were reasonably likely to have a material effect on Microsoft's future operating results; and (v) that based on the foregoing, defendants lacked a reasonable basis for their positive statements about the Company's Surface RT product during the Class Period.


"It's a pretty clear case about lying," iophk says. "It's there in black and white and registered with official sources. Not much chance for a normal company. However, there are people that help Microsoft avoid the regular rules of business."

We have covered some examples of that before. iophk continues: "Will they still make a special exception for Microsoft even in the case of defrauding investors and the government?

"Wasn't there a good quote from an authority that criticised Gates for equating being forced to follow the rules with an attempt to destroy Microsoft?"

'A government official involved in the case said: "The government is not trying to destroy Microsoft, it's simply seeking to compel Microsoft to obey the law. It's quite revealing that Mr. Gates equates the two."' (source)

Here is some further commentary on this news:

No, they’re not being cooked, just sued for misrepresenting their financial situation in public statements upon which some investors base their decisions.


Pro-Microsoft sites like Neowin covered this with apparent concern:

The exact sales of Microsoft's Surface RT tablets are the subject of a newly filed class action lawsuit against the company. The lawsuit alleges that Microsoft has issued "false and misleading statements" concerning the sales of its first PC hardware product, which Microsoft launched in October 2012.

The law firm of Robbins Geller Rudman & Dowd filed the suit on behalf of the plaintiff, Gail Fialkov, and Microsoft is named as a defendant in the case. In addition, the lawsuit names CEO Steve Ballmer as a defendant along with former CFO Peter Klein; Corporate Vice President Frank Brod; and Tami Reller, who served as the head of business and marketing for the Windows division until the company's recent restructuring, when she was then named as head of all marketing.

The lawsuit claims that Microsoft failed to state how bad sales of the Surface RT have been and that the company's inventory of the tablet "experienced a material decline in value during the quarter ended March 31, 2013." The lawsuit also alleges that Microsoft's financial statements for that same quarter were "materially false and misleading" and violated both general accounting practices along with Microsoft's own "policy of accounting for inventories." The law firm is seeking an unspecified amount of damages from Microsoft.


"Pogson covered it yesterday," wrote iopkh, "Microsoft got caught lying to the SEC. PCWorld [part of IDG] is trying to cover for them now." Here comes IDG with Microsoft-leaning promotional language that belittles the case:

Microsoft couldn’t be reached for comment at press time.


The promotional language is not hard to see. Apparently crime is not taken seriously anymore, especially when rich people commit the crime (unless they're lone wolves like Bernard Madoff and not Goldman Sachs, hence easier to prosecute and use as a whipping boy to appease the public).

Recent Techrights' Posts

Days Ago yewtu.be Found a Workaround That Made Invidious Work Again. Then Google Broke All the Instances (Again).
"Youtube changed something again, so if a video does not play, it's because of that."
Cellphones (Mobile Phones) in Classrooms
A recent study confirmed that people's intelligence has dropped in recent years/decades
Is the FSF Being 'Trolled' by Microsofters Pushing C# (Microsoft)?
Who stands to benefit from training people to use and spread Microsoft?
Windows Has Now Fallen to Rather Ridiculous 3% "Market Share" in Iraq (Windows Was Measured at 100% Back in 2010)
Iraq is not a place where Windows can make a comeback
 
IBM (and Red Hat) on a Fast Train to Nowhere
What is the future of Fedora when IBM keeps removing its leadership?
Press Reports Say Almost 10,000 Western IBMers Laid Off
We've been trying to verify/corroborate this somehow
Gemini Links 24/03/2025: "Live Off the Land" and Life Without YouTube
Links for the day
Planet Ubuntu (or Ubuntu Planet) is LLM Slop
Reading chatbots' output is bad use of time
The European Patent Office (EPO) is Slowly Killing Its Own Staff; All It Cares About Is Money
The Office hasn't been run by a scientist for about 18 years already
Links 24/03/2025: US Detaining Innocent People, F-35 Contracts Suspended Due to Hostilities
Links for the day
Matthew J. Garrett is "Former Microsoft Researcher", According to Microsoft's Serial Strangler
Their argument is something along the lines of, "what Roy published damaged my career prospects, so I want Roy to pay me...
Links 24/03/2025: Political Catchup and Environmental Concerns
Links for the day
Gemini Links 24/03/2025: Working With Music and Unconscious Influence
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 23, 2025
IRC logs for Sunday, March 23, 2025
Critics of IBM's Strategy Aren't Racists, But...
the situation is saddening as it serves to obscure the severity of the problem
Mauritania: Windows Falls to All-Time Low of 6% (It Used to be Over 99%)
Windows is 0% in mobile
New USPTO Memo Makes Fighting Patent Trolls Even Harder
The U.S. Patent and Trademark Office (USPTO) just made a move that will protect bad patents at the expense of everyone else
Outline of Open Source Initiative Coverage to Come (Now That Consensus is Changing)
Policing Wikipedia and attacking critics is not a sustainable strategy
An "EU OS" Would Need European Components
There are many European (or Europe-led) distros of GNU/Linux. EU OS developers ought to look at those.
Gemini Links 23/03/2025: "Connor of the Cats" and CSS Naked Day
Links for the day
Links 22/03/2025: Science and Antoine Beaupré on "Losing the War for the Free Internet"
Links for the day
We Probably Served Close to 100 Million Gemini Requests
Many of these requests probably came from bots, but it's hard to distinguish (to block them) ... This coming summer Gemini Protocol will turn 6
Just Because Microsoft Resents Techrights Doesn't Mean SLAPPs Will Silence Techrights
To confront lies the best solution is to speak truth
Windows at New Low Levels in Madagascar (Population About 33 Million)
Madagascar does not need Microsoft
Slop Images Are Bad Optics, Including for Perl.org
Slop devalues one's genuine work
What Happened to the Open Source Initiative (OSI) Elections: Proprietary Software Companies in Control, the Scandals Cannot be Hidden Anymore
We'll talk about it later this month and next month
Slopwatch: Fake News About Security Using LLMs That Make Fake 'Articles' About "Linux" (With Slop for Images)
This cannot end well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 22, 2025
IRC logs for Saturday, March 22, 2025
Gemini Links 22/03/2025: "Ukay Ukay", Microplastics in Tea, Jujutsu, and More
Links for the day
Links 22/03/2025: Johor Flooded, Ador Traps Young Musicians With Contract
Links for the day
[Video] Richard Stallman on What Patents Would Have Done to Music (Covered by Copyrights)
Our WebM version can be played using Free software, independently of the availability of Invidious mirrors
Our IRC Community Turns 17 Very Shortly
A few years from now our IRC community will turn 20
Microsoft Destroys and Exploits, It Does Not Create
A race to nowhere
Linux Foundation Buys Misleading Puff Pieces About Itself, Earns Some LLM Slop to Accompany the PR (Openwashing and Propaganda as a Service, With the Brand "Linux" Needlessly Borrowed)
Isn't it funny that after the "LF" (misusing the brand "Linux") flooded the Web with press releases and fake articles (that it had paid for) it now gets some LLM slop doing the same?
It's About So Much More Than 2 Microsofters, It's About Freedom to Speak About Crimes at Microsoft
Suffice to say, if some people related to our professional field attack women and get arrested for it, then there's nothing immoral about relaying this information
Links 22/03/2025: Social Security Attacks and More Attacks on the Press
Links for the day
Gemini Links 22/03/2025: INTERPOL, DDoS by "Hey Hi" Hype, and RSS/Feed Readers
Links for the day
Links 22/03/2025: Alzheimer Research and Mega-breaches in the US
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 21, 2025
IRC logs for Friday, March 21, 2025