Microsoft Settlement Final

According to the Des Moines Business Record, Polk County District Judge Scott Rosenberg has just given final approval to the Microsoft settlement agreement. In the settlement, Microsoft will pay up to $179.95 million in cash to consumers and $67.2 million to the class action attorneys. One of the attorneys, Roxanne Conlin noted that the payments would be spread out across 150 separate people who worked on the case.

To receive payment for past purchases of Microsoft software, visit www.IowaMicrosoftCase.com before December 14, 2007.

Brett Trout

Microsoft antitrust

Iowa Microsoft Case Settlement

Attorneys announced a settlement in the Iowa Microsoft case the day before Valentine's Day, but it was not until yesterday that they announced the details. Under the deal Judge Rosenberg preliminarily approved yesterday, consumers would receive up to $179.95 million: $16 for Windows or MS-DOS; $25 for Excel; $29 for Office; and $10 for Microsoft Word, Works and Home Essential software.

A hearing on final approval is scheduled for August 31, 2007. To receive payment, check the settlement website beginning April 25, 2007 and fill out and submit your Claim Form by December 14, 2007. Microsoft will donate half of all unclaimed proceeds to the Iowa Department of Education to provide computer hardware and software for Iowa classrooms. In Minnesota, this amounted to over $50 million for their schools.

The most amazing thing, something I did not predict, was that the payments will be made in cash. Although Roxanne Conlin is demanding $75 million in attorney fees, the fact that Microsoft will be paying cash indicates she must have done something right. Attorney fee awards in similar cases have run about 10% of the actual award. Plus, I believe even Faust might think $75 million a tad inequitable. Let's hope this is just a starting point for negotiation.

Brett Trout

Microsoft antitrust class action Iowa

Iowa Microsoft Case Settles

Microsoft and Iowa lawyer Roxanne Colin have announced a settlement in their seven year long, $453 million, class action lawsuit. Yesterday's settlement remains confidential pending court approval - slated for hearing on April 20, 2007. Both parties touted the benefits of the settlement terms to consumers. Plans are to publicly disclose the terms of the settlement this spring.

Although neither party is disclosing the settlement, a few specifics have been disclosed. The settlement covers customers who purchased Microsoft operating systems and programs like Windows 95, Windows 98, Windows XP, Word, Excel and Office from May 18, 1994, through June 30, 2006. Under the terms of the settlement, the Iowa Department of Education receives half of all unclaimed settlement proceeds to assist Iowa schools in purchasing computers and software.

Although what prompted the settlement is unknown, I have a sneaking suspicion that Judge Rosenberg's dismissal of Roxanne Conlin's "loss of the benefits of software innovation" claim was a key determinant in plaintiff's counsel adjusting her assessment of her best alternative to a negotiated agreement. While it is nice to have an extra Polk County courtroom and judge for the next six months, I will hold off on putting my down payment on a Bugatti Veyron until I actually see my end of the settlement. I wonder if the Bugatti dealership takes Microsoft vouchers.

Brett Trout

Microsoft lawsuit antitrust Des Moines Iowa settlement

Opening Statements Delayed in Microsoft Case

I just returned from listening to preliminary jury instructions in the Iowa Microsoft case. After hours of pretrial instructions being read and with many more left to read, Judge Scott Rosenberg dismissed the jury until tomorrow. While more than a couple people in the audience were bobble-heading, the jury appeared attentive and eager to get started. Opening statements should be quite impressive.

For more of my opinion on the case, check out the podcast of my appearance on the David Lawrence Show. For a differing view, check out Rush Nigut's blog.

Brett Trout

Other Related Topics:
Microsoft, Iowa, Antitrust, Roxanne Conlin, Des Moines