Found in the in-basket
Jan. 21st, 2004 02:22 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
davidschrothFrom:
"Minnesota District Court Notice Administrator" <info@mnsoftwaresuit.com> Save Address
To: DAVIDSCHROTH@WORLDNET.ATT.NET
Subject: Legal Notice About Microsoft Software Purchased in Minnesota
Date: 21 Jan 2004 12:56:08 -0700
IF YOU PURCHASED CERTAIN MICROSOFT SOFTWARE, OR A COMPUTER ON WHICH IT WAS INSTALLED, THIS NOTICE MAY AFFECT YOUR RIGHTS.
Please read this Court-ordered class action notice.
If you purchased in Minnesota certain Microsoft software, or a computer on which it was installed, as described in the section below called "Who is Included," you or your company may be affected by a class action lawsuit in the Fourth Judicial District Court of Hennepin County, Minnesota, called Daniel Gordon, et al v. Microsoft Corporation, No. 00-5994. (Although Microsoft software is licensed, the simpler term "purchased" is used here.) This notice is to tell you about the Court's certification of two "Plaintiff Classes," the claims in the case, and your right to participate in, or exclude yourself from, the Classes.
WHAT IS THIS CASE ABOUT?
The Plaintiffs claim Microsoft violated Minnesota's antitrust laws by monopolizing the markets for Intel-compatible (a) personal computer operating system software, and (b) applications software, including word processing, spreadsheet, and office suite software. Specifically, the Plaintiffs claim that Microsoft harmed Class Members by using a monopoly alleged to be unlawful to overcharge for its software. Plaintiffs are asking for monetary relief. Microsoft denies the claims and says it developed and sold high quality and innovative software products at fair and reasonable prices. The Court has not yet decided whether the Plaintiffs or Microsoft are right. A trial is scheduled to begin on March 1, 2004.
WHO IS INCLUDED?
You are a "Class Member" if you purchased certain software, or a computer on which this software was already installed, from May 18, 1994 through December 15, 2001, from a vendor other than Microsoft (for example, a retailer or distributor) AND you are part of one of these Court-defined Classes: (a) all persons or entities who purchased or acquired in Minnesota, for purposes other than re-sale or distribution, Microsoft Windows or MS-DOS (the "Operating System Software Class"), or (b) all persons or entities who purchased or acquired in Minnesota, for purposes other than re-sale or distribution, Microsoft Word, Excel, or Office (the "Application Software Class"). The Classes do not include the Defendant and its subsidiaries, affiliates, officers, directors, and employees, and governmental entities.
HOW DO I REMAIN A CLASS MEMBER?
To remain a Class Member, you don't have to do anything now. As a Class Member, you will be bound by all orders and judgments of the Court. Any claims you have against Microsoft about the claims in this case will be determined by the final resolution of the case. You don't have to pay the attorneys for the Classes. If they obtain a recovery from Microsoft, they will ask the Court for reasonable attorneys' fees and costs to be paid by Microsoft or from any funds recovered. You may hire your own attorney and enter an appearance through your attorney, although you must pay your attorney yourself.
HOW DO I ASK TO BE EXCLUDED?
If you are an individual or an authorized representative of a company, and you want to be excluded from the Class: (1) click the link at the bottom of this email message to access the online exclusion form, or (2) mail a signed letter asking to be excluded. All exclusion requests must be mailed and postmarked by February 28, 2004, to Zelle Hofmann, P.O. Box 582628, Minneapolis, MN 55458-2628. If you exclude yourself, you can't participate in any recovery obtained for either Class, and you won't be bound by any Court orders or judgments. If you want to remain a Class Member, don't submit an exclusion form.
WHAT IF I HAVE QUESTIONS?
Visit the website at www.MNsoftwaresuit.com or write to Zelle, Hofmann, Voelbel, Mason & Gette LLP, P.O. Box 582628, Minneapolis, MN 55458-2628. All Court records may be examined in person and copied at the Court Administrator's office, 1251 Court Tower, 300 S. 6th St., Minneapolis, MN. PLEASE DO NOT PHONE THE COURT.
Dated: December 5, 2003, The Honorable Bruce A. Peterson, Hennepin County District Court Judge.
"Minnesota District Court Notice Administrator" <info@mnsoftwaresuit.com> Save Address
To: DAVIDSCHROTH@WORLDNET.ATT.NET
Subject: Legal Notice About Microsoft Software Purchased in Minnesota
Date: 21 Jan 2004 12:56:08 -0700
IF YOU PURCHASED CERTAIN MICROSOFT SOFTWARE, OR A COMPUTER ON WHICH IT WAS INSTALLED, THIS NOTICE MAY AFFECT YOUR RIGHTS.
Please read this Court-ordered class action notice.
If you purchased in Minnesota certain Microsoft software, or a computer on which it was installed, as described in the section below called "Who is Included," you or your company may be affected by a class action lawsuit in the Fourth Judicial District Court of Hennepin County, Minnesota, called Daniel Gordon, et al v. Microsoft Corporation, No. 00-5994. (Although Microsoft software is licensed, the simpler term "purchased" is used here.) This notice is to tell you about the Court's certification of two "Plaintiff Classes," the claims in the case, and your right to participate in, or exclude yourself from, the Classes.
WHAT IS THIS CASE ABOUT?
The Plaintiffs claim Microsoft violated Minnesota's antitrust laws by monopolizing the markets for Intel-compatible (a) personal computer operating system software, and (b) applications software, including word processing, spreadsheet, and office suite software. Specifically, the Plaintiffs claim that Microsoft harmed Class Members by using a monopoly alleged to be unlawful to overcharge for its software. Plaintiffs are asking for monetary relief. Microsoft denies the claims and says it developed and sold high quality and innovative software products at fair and reasonable prices. The Court has not yet decided whether the Plaintiffs or Microsoft are right. A trial is scheduled to begin on March 1, 2004.
WHO IS INCLUDED?
You are a "Class Member" if you purchased certain software, or a computer on which this software was already installed, from May 18, 1994 through December 15, 2001, from a vendor other than Microsoft (for example, a retailer or distributor) AND you are part of one of these Court-defined Classes: (a) all persons or entities who purchased or acquired in Minnesota, for purposes other than re-sale or distribution, Microsoft Windows or MS-DOS (the "Operating System Software Class"), or (b) all persons or entities who purchased or acquired in Minnesota, for purposes other than re-sale or distribution, Microsoft Word, Excel, or Office (the "Application Software Class"). The Classes do not include the Defendant and its subsidiaries, affiliates, officers, directors, and employees, and governmental entities.
HOW DO I REMAIN A CLASS MEMBER?
To remain a Class Member, you don't have to do anything now. As a Class Member, you will be bound by all orders and judgments of the Court. Any claims you have against Microsoft about the claims in this case will be determined by the final resolution of the case. You don't have to pay the attorneys for the Classes. If they obtain a recovery from Microsoft, they will ask the Court for reasonable attorneys' fees and costs to be paid by Microsoft or from any funds recovered. You may hire your own attorney and enter an appearance through your attorney, although you must pay your attorney yourself.
HOW DO I ASK TO BE EXCLUDED?
If you are an individual or an authorized representative of a company, and you want to be excluded from the Class: (1) click the link at the bottom of this email message to access the online exclusion form, or (2) mail a signed letter asking to be excluded. All exclusion requests must be mailed and postmarked by February 28, 2004, to Zelle Hofmann, P.O. Box 582628, Minneapolis, MN 55458-2628. If you exclude yourself, you can't participate in any recovery obtained for either Class, and you won't be bound by any Court orders or judgments. If you want to remain a Class Member, don't submit an exclusion form.
WHAT IF I HAVE QUESTIONS?
Visit the website at www.MNsoftwaresuit.com or write to Zelle, Hofmann, Voelbel, Mason & Gette LLP, P.O. Box 582628, Minneapolis, MN 55458-2628. All Court records may be examined in person and copied at the Court Administrator's office, 1251 Court Tower, 300 S. 6th St., Minneapolis, MN. PLEASE DO NOT PHONE THE COURT.
Dated: December 5, 2003, The Honorable Bruce A. Peterson, Hennepin County District Court Judge.
![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png){kind=small}
no subject
Date: 2004-01-22 10:49 am (UTC)