| MS To Pay IBM $775M+ to Settle Antitrust Claims |
| Friday, July 01 2005 @ 02:16 PM EDT |
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I think it's hilarious when I hear Microsoft talking about Linux being vulnerable to litigation. All Microsoft does is go to court. And nowadays they pay rather than let cases go the distance to a judgment. Today it's IBM that benefits from Microsoft's payout, to the tune of $775 million plus another $75 million in credit, and the funny part is, IBM hadn't yet even sued them but merely had a pending claim:
Today's agreement covers legal claims surrounding IBM's OS/2 operating system and Smart Suite software, products that failed to make much inroads against Microsoft's Windows operating system, which operates the vast majority of the world's personal computers. IT World adds some detail: The settlement resolves all discriminatory pricing and overcharging claims stemming from the U.S. government's mid-1990s antitrust case against Microsoft, the companies said in a press release. The settlement also resolves most other IBM antitrust claims, including those related to its OS/2 operating system and SmartSuite products. IBM's claims of harm to its server hardware and server software businesses are not covered by the settlement, however. . . . In other words, IBM hadn't sued yet and now says it won't in the ways outlined. BusinessWeek has more: IBM hadn't sued Microsoft, but still pressed for retribution for the behavior cited by Jackson. Microsoft reached a similar deal with Gateway Computer Corp. for $150 million in April. A lot of litigation is settled before it ever hits the courthouse, by the way, particularly when the potential defendant figures it can't win or it would be cheaper to settle than to fight. Microsoft's press release, which is the same as IBM's, tells us why now: In November 2003, Microsoft and IBM entered into tolling agreements extending the statute of limitations on antitrust claims based on the U.S. antitrust case while exploring resolutions that would avoid protracted litigation. Microsoft’s and IBM’s tolling agreement was set to expire in July and the parties engaged in settlement discussions during the last two months. For those of you who leave comments about Microsoft walking away scot-free from the U.S. government's antitrust case against it, please note that being found guilty resulted in massive damages. Paying victims off after the fact doesn't fix the problem, though, particularly from the point of view of the consumer, who is still left with having to cope with a monopoly and fewer software choices than otherwise would have been available. That's the problem that needs fixing, and settlements don't address that problem at all, which is very likely exactly why Microsoft is willing to pay out settlements rather than changing the behavior that brought it into litigation in the first place. How profitable it must be, being a monopoly, if paying out billions is cheaper than changing. That doesn't mean there is no effect on Microsoft. Here's an older article on the effect antitrust litigation had on IBM, when they were on the hot seat years ago, even though they were never even found guilty the way Microsoft has been. |
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