EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

10.19.09

Lawsuits Against Microsoft Turn to Class Action Lawsuit While Microsoft Mobiles Become Dying Breed

Posted in Courtroom, GNU/Linux, Google, Microsoft, Samsung, Windows at 7:58 am by Dr. Roy Schestowitz

Danger sign for Microsoft

Summary: Microsoft to face class action lawsuit over the Danger fiasco; Windows Mobile carries on losing to Linux

MICROSOFT gets sued quite a lot, and this latest lawsuit is by all means justified.

The short story is that Microsoft lost data (apparently due to negligence), so although some of it could be recovered a week later, great damage had already been done. The lawsuit that we mentioned some days ago (and correctly predicted) is not an isolated case; as pointed out the other day, class action was probably inevitable and indeed it is:

Class Action Suit Filed after T-Mobile and Microsoft Lose Data T-Mobile Sidekick Users Store on their Phones

A class action lawsuit places the spotlight on T-Mobile, subsidiary of Deutsche Telekom (NYSE:DT) and Microsoft (NASDAQ:MSFT) for losing most all the contacts, appointments, photos and other data stored by as many as one million users of the popular T-Mobile Sidekick line of mobile phones.

The T-Mobile Sidekick data service went down in early October and then T-Mobile admitted that Microsoft’s Danger, Inc. subsidiary, which is responsible for the Sidekick data service, lost most all of the personal data it was entrusted with protecting, and that it was highly unlikely it would recover any data.

Microsoft Nick tries to downplay the lawsuits and CRN agrees that it may be the end of the Sidekick.

Many T-Mobile customers saw Microsoft’s February 2008 acquisition of Danger as a death knell for their beloved Sidekick.

As one source put it a while ago, “T-Mobile halts Sidekick sales after data loss” (that’s the headline which percolates through the wires).

In another article from CRN, the following point is raised:

Lobel said that going forward, responsibility would have to be determined on a legal front as cloud services gain more traction with customers. And ultimately, he said, the company trusted to directly manage customer data should be held responsible for its loss, whether it’s outsourced or not.

“Customers look to (companies) for protection of their information. Customer look to the companies they do business with,” Lobel said. “At the end of the day, you can outsource a function, but you cannot outsource responsibility.”

Seth Weintraub from IDG goes with the headline “Microsoft kills the Sidekick. The first smart phone is dead.” The same message reaches PCWorld (IDG) whilst InfoWorld (also IDG) states in the headline that “Microsoft learns the hard way: Back up our data!”

The Seattle press and The Register look at some other issues while the Wall Street Journal generalises this to Windows Mobile. GigaOM calls it “Microsoft Mobile’s Worst Week Ever” and one of our readers writes about the highly disappointing Windows Mobile 6.5.

To say I was a dissatisfied customer would be an understatement, however thats in the past. I’ve learnt my lesson and won’t consider a Microsoft solution in a phone ever again. I will not though dwell on that and after previous bad experiences with other Microsoft technologies I only have myself to blame for the decision to purchase it.

What does that all mean to Linux? Well, apart from two predictions this month (from analysts) that Linux would ultimately dominate the space, we have found this interesting article about the demise of Windows Mobile and rise of Android:

Microsoft smartphone OS is a hard sell

Amid all the talk last week of a “groundbreaking” partnership between Verizon Wireless and Google, word of Microsoft launching its revamped operating system, Windows Mobile 6.5, and Verizon introducing one of the first smartphones to run it, the HTC Imagio, largely fell on deaf ears.

Not that I’m surprised.

The Verizon-Google partnership is a big deal. It not only ensures Google’s touch-screen Android operating system will make it onto cell phones nationwide, it finally will give consumers a worthy alternative to the Apple iPhone and AT&T.

A week ago we wrote about Samsung's bad impact on Android and now we find Microsoft’s friend Samsung ganging up to advance Windows Mobile [1, 2, 3, 4, 5].

In summary, Microsoft fails badly in mobile phones, whereas Linux is gaining, sometimes at Windows’ expense. Our reader Will concludes by pointing to this post about Pink/Danger, adding that “it doesn’t inspire confidence in Microsoft as a cloud vendor. Especially if that is really how the problem happened.”

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Battistelli Misuses EPO Budget to Saturate the European Media With Puff Pieces About His Event

    The latest examples of 'synthetic' coverage or fluff about Battistelli's expensive event that he cryptically and mysteriously chose to have at his other workplace in Saint-Germain-en-Laye



  2. Battistelli's EPO Continues to Promote Software Patents and Even Pays the Media to Play Along, Impacting Other Continents

    With silly new terms such as "4IR" (the EPO used to say "ICT", "CII", "Industry 4.0" etc.) Team Battistelli is hoping to make software patents look/sound acceptable, honourable and inherently innovative or "revolutionary"



  3. Links 25/4/2018: Ubuntu 18.04 Coming Shortly, Fedora 28 Next Month

    Links for the day



  4. Koch Brothers and Big Oil Could Not Buy the Decisions in Oil States, SAS

    In Oil States Energy Services v Greene’s Energy Group, a case which Koch-funded think tanks meddled in (including those whose panel guests send me threatening legal letters), ends up with dissent from a Koch-connected Justice citing or quoting those very same Koch-funded think tanks



  5. The European Patent Office (EPO) Wastes a Lot of Money on External PR Agencies for Battistelli's 'Heist'

    The EPO's management is once again scattering/throwing EPO budget at PR agencies and media companies (publishers/broadcasters) to disseminate a bunch of puff pieces and virtually ignore the very obvious conflict of interest, which should be a scandal on par with that of FIFA (resulting in the arrest of its boss, Mr. Blatter)



  6. Today's EPO is Not Compatible With the Law and It's Grossly Incompatible With Truth and Justice

    Today, once again, the EPO openly advocates software patents while media promotes loopholes (notably hype waves)



  7. Quick Mention: As Expected, the US Supreme Court Cements PTAB's Role With Trump-Appointed Gorsuch Dissenting

    Oil States has been decided and it's very good news for the Patent Trial and Appeal Board (PTAB); even Conservatives-leaning Justices support PTAB



  8. Links 24/4/2018: Preview of Crostini, Introducing Heptio Gimbal, OPNsense 18.1.6

    Links for the day



  9. Patent Maximalists Step Things Up With Director Andrei Iancu and It's Time for Scientists to Fight Back

    Science and technology don't seem to matter as much as the whims of the patent (litigation) 'industry', at least judging by recent actions taken by Andrei Iancu (following a hearing before the Senate Judiciary Committee)



  10. Mythology About Patents in the East

    Misconceptions (or deliberate propaganda) about patent policy in the east poison the debate and derail a serious, facts-based discussion about it



  11. Patent Trolls Watch: Red River Innovations, Bradium Technologies/General Patent, and Wordlogic

    A quick look at some patent trolls that made the news this Monday; we are still seeing a powerful response to such trolls, whose momentum is slipping owing to the good work of the Patent Trial and Appeal Board (PTAB)



  12. Holding Benoît Battistelli Accountable After the EPO

    The many abuses and offenses committed by Mr. Battistelli whilst he enjoyed diplomatic immunity can and should be brought up as that immunity expires in two months; a good start would be contacting his colleagues, who might not be aware of the full spectrum of his abuses



  13. Links 23/4/2018: Second RC of Linux 4.17 and First RC of Mesa 18.1

    Links for the day



  14. The Good Work of the Patent Trial and Appeal Board (PTAB) and the Latest Attempts to Undermine It

    A week's roundup of news about PTAB, which is eliminating many bad (wrongly-granted) patents and is therefore becoming "enemy number one" to those who got accustomed to blackmailing real (productive) firms with their questionable patents



  15. District Courts' Patent Cases, Including the Eastern District of Texas (EDTX/TXED), in a Nutshell

    A roundup of patent cases in 'low courts' of the United States, where patents are being reasoned about or objected to while patent law firms make a lot of money



  16. The Federal Circuit's (CAFC) Decisions Are Being Twisted by Patent Propaganda Sites Which Merely Cherry-Pick Cases With Outcomes That Suit Them

    The Court of Appeals for the Federal Circuit (CAFC) continues to reject the vast majority of software patents, citing Section 101 in many such cases, but the likes of Managing IP, Patently-O, IAM and Watchtroll only selectively cover such cases (instead they’re ‘pulling a Berkheimer’ or some similar name-dropping)



  17. Patents Roundup: Metaswitch, GENBAND, Susman, Cisco, Konami, High 5 Games, HTC, and Nintendo

    A look at existing legal actions, the application of 35 U.S.C. § 101, and questionable patents that are being pursued on software (algorithms or "software infrastructure")



  18. In Maxon v Funai the High 'Patent Court' (CAFC) Reaffirms Disdain for Software Patents, Which Are Nowadays Harder to Get and Then Defend

    With the wealth of decisions from the Court of Appeals for the Federal Circuit (CAFC) wherein software patents get discarded (Funai being the latest example), the public needs to ask itself whether patent law firms are honest when they make claims about resurgence of software patents by 'pulling a Berkheimer' or coming up with terms like “Berkheimer Effect”



  19. Today's European Patent Office Works for Patent Extremists and for Team UPC Rather Than for Europe or for Innovation

    The International Association for the Protection of Intellectual Property (AIPPI) and other patent maximalists who have nothing to do with Europe, helped by a malicious and rather clueless politician called Benoît Battistelli, are turning the EPO into a patent-printing machine rather than an examination office as envisioned by the EPC (founders) and member states



  20. The EPO is Dying and Those Who Have Killed It Are Becoming Very Rich in the Process

    Following the footsteps of Ron Hovsepian at Novell, Battistelli at the EPO (along with Team Battistelli) may mean the end of the EPO as we know it (or the end altogether); one manager and a cabal of confidants make themselves obscenely rich by basically sacrificing the very organisation they were entrusted to serve



  21. Short: Just Keep Repeating the Lie (“Quality”) Until People Might Believe It

    Battistelli’s patent-printing bureau (EPO without quality control) keeps lying about the quality of patents by repeating the word “quality” a lot of times, including no less than twice in the summary alone



  22. Shelston IP Keeps Pressuring IP Australia to Allow Software Patents and Harm Software Development

    Shelston IP wants exactly the opposite of what's good for Australia; it just wants what's good for itself, yet it habitually pretends to speak for a productive industry (nothing could be further from the truth)



  23. Is Andy Ramer's Departure the End of Cantor Fitzgerald's Patent Trolls-Feeding Operations and Ambitions?

    The managing director of the 'IP' group at Cantor Fitzgerald is leaving, but it does not yet mean that patent trolls will be starved/deprived access to patents



  24. EPO Hoards Billions of Euros (Taken From the Public), Decreases Quality to Get More Money, Reduces Payments to Staff

    The EPO continues to collect money from everyone, distributes bogus/dubious patents that usher patent trolls into Europe (to cost European businesses billions in the long run), and staff of the EPO faces more cuts while EPO management swims in cash and perks



  25. Short: Calling Battistelli's Town (Where He Works) “Force for Innovation” to Justify the Funneling of EPO Funds to It

    How the EPO‘s management ‘explained’ (or sought to rationalise) to staff its opaque decision to send a multi-million, one-day ceremony to Battistelli’s own theatre only weeks before he leaves



  26. Short: EPO Bribes the Media and Then Brags About the Paid-for Outcome to Staff

    The EPO‘s systematic corruption of the media at the expense of EPO stakeholders — not to mention hiring of lawyers to bully media which exposes EPO corruption — in the EPO’s own words (amended by us)



  27. Short: EPO's “Working Party for Quality” is to Quality What the “Democratic People's Republic of Korea” is to Democracy

    To maintain the perception (illusion) that the EPO still cares about patent quality — and in order to disseminate this lie to EPO staff — a puff piece with the above heading/photograph was distributed to thousands of examiners in glossy paper form



  28. Short: This Spring's Message From the EPO's President (Corrected)

    A corrected preface from the Liar in Chief, the EPO's notoriously crooked and dishonest President



  29. Short: Highly Misleading and Unscientific Graphics From the EPO for an Illusion of Growth

    A look at the brainwash that EPO management is distributing to staff and what's wrong with it



  30. Short: EPO Explains to Examiners Why They Should and Apparently Can Grant Software Patents (in Spite of EPC)

    Whether it calls it "CII" or "ICT" or "Industry 4.0" or "4IR", the EPO's management continues to grant software patents and attempts to justify this to itself (and to staff)


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts