Feb 2, 2006 12:00:16
MICROSOFT CORPORATION: Settlement Brings Windfall to MN Schools
MINNESOTA (SunStream News) -- Due to a court settlement with Microsoft Corp., Minnesota
schools will share $55 million that they can use to buy new
computers and software, The Associated Press reports.
Though schools have known since 2004 that they had some money
coming their way, the final amount was up in the air until
recently. Gov. Tim Pawlenty told The Associated Press that the
technology vouchers have just started going out.
The governor explained, "With the fast-paced changes in the
field of technology, it is often difficult for schools to keep
pace. This money will allow them to update, and in many cases,
expand their technology, which in turn will help students learn
and achieve at higher levels."
The amount each school gets depends on the concentration of
poverty in their school districts. Some will receive only a few
thousand dollars, while others, like Minneapolis and St. Paul,
are in line for more than $6 million each. School districts
have until 2012 to use up the vouchers.
The money is left over from a settlement to a class-action
lawsuit in which Minnesota customers and businesses claimed the
Company was violating antitrust laws by overcharging for its
Windows operating system and its Excel and Word programs. The
company had denied the charges saying that the prices on its
products had dropped.
In 2000, the Company faced a flurry of lawsuits back for using
its market power to force customers to pay higher prices for its
Windows operating system. Those federal cases were later
consolidated in the United States District Court for Maryland.
These cases allege that the Company competed unfairly and
unlawfully monopolized alleged markets for operating systems and
certain software applications, and they seek to recover alleged
overcharges for these products. To date, courts have dismissed
all claims for damages in cases brought against the Company by
indirect purchasers under federal law and in 17 states. Nine of
those state court decisions have been affirmed on appeal. An
appeal of one of those state rulings is pending. There was no
appeal in four states. Claims under federal law brought on
behalf of foreign purchasers have been dismissed by the U.S.
District Court in Maryland as have all claims brought on behalf
of consumers seeking injunctive relief under federal law, (Class
Action Reporter, Nov. 2, 2005).
The ruling on injunctive relief and the ruling dismissing the
federal claims of indirect purchasers are currently on appeal to
the United States Court of Appeals for the Fourth Circuit, as is
a ruling denying certification of certain proposed classes of
U.S. direct purchasers. Courts in eleven states have ruled that
indirect purchaser cases may proceed as class actions, while
courts in two states have denied class certification, (Class
Action Reporter, Nov. 2, 2005).
At the elementary school where Gov. Pawlenty detailed the
payout, Principal Patricia Steingruebl was ecstatic to learn her
school would be getting $55,000. She told The Associated Press
that the school now spends about $2,000 a year on new
technology. According to the principal, "We don't plan to spend
that all at once." One priority, she said, will be new software
to help teach reading.
The vouchers will automatically go to districts and they will be
able to shop from a list of 1,500 hardware and software
products, Richard Hagstrom, an attorney with a Minneapolis law
firm involved in the case told The Associated Press. He added
that offerings go beyond Microsoft products.
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Source: Class Action Reporter
Publication Date: 2006-02-02