Lindows -v- Windows

Former MP3.com owner Michael Robertson has seriously upset Micro$oft.

Now the ceo of Lindows, a Linux-based OS, Robertson launched MSfreePC.com to tell Californians: "In connection with a legal settlement, you may be eligible for a FREE PC and allowed to purchase up to $100 worth of software paid for by Microsoft!"

The $100 worth of software is, of course, Lindows and the page is an advertising hook aimed at pulling people Robertson hopes will buy it.

However, MSfreePC.com, "is deceptive, seriously mischaracterizes the settlement, misleads the public and encourages class members to submit improper fraudulent claims that will be denied by the Settlement Claims Administrator," says Micro$oft in a take down notice.

Furthermore, says Microsloth piously, the site, "does not mention the benefits provided by the settlement to California's public schools".

It says as well, "Your unauthorized website offers class members the opportunity to submit claims under the Microsoft settlement and obtain an 'Instant Settlement' that they may use to purchase between $50 to $100 worth of Lindows software. The website also states that it offers a free PC to 'the first 10,000 people who buy $100 worth of products'."

Under the notice, Robertson was supposed to have dumped the site by yesterday. But it's still up, and still trumpets:

"Microsoft was found guilty of anti-trust violations based on claims brought by the U.S. Department of Justice. Microsoft recently agreed to a $1.1 BILLION settlement to resolve numerous lawsuits alleging that Microsoft's behavior violated antitrust and unfair competition laws. This settlement brings with it some very good news for consumers!

"Eligible consumers who act quickly can receive their share of the $1.1 billion settlement. There is a limited time in which these funds can be claimed so you should act quickly. If you do not submit your claim in time, then Microsoft is not required to pay out the full 1.1 billion dollar amount. Click the "Tell me more" arrow below to learn more."

But, says Micro$oft in long, heavy Legalese, Robertson's site:

does not explain that direct purchases of Microsoft software cannot make claims under the settlement.

"In addition," says MS, "the website's reference to the Department of Justice action against Microsoft suggests incorrectly that the settlement in this case is somehow based on the findings of liability in the Department of Justice action against Microsoft. There has been no determination of wrongful conduct, guilt or liability in the Settlement. Moreover, the website's description of the Department of Justice action itself is inaccurate. The website incorrectly states that Microsoft was 'found guilty of antitrust violations' in the Department of Justice case. The Department of Justice action was a civil proceeding, and the findings of liability in that action do not constitute criminal convictions or findings of 'guilt'."

What of Robertson?

It's, "shameful that such a wealthy company uses public schools as a smokescreen to hide your true motivations which is to reduce the payout Microsoft has to perform," he says here.

"As you are aware, Microsoft benefits greatly if consumers do not submit claims or drop-out anywhere in the laborious process. One-third of all unclaimed dollars are refunded back to Microsoft. One-third of unclaimed dollars are required by schools to be spent on software which, given Microsoft enormous market share, means most of those dollars will simply circle back to Microsoft. The remaining one-third can be spent on hardware which even then will likely come with Microsoft software further reducing the dollars Microsoft will be paying out. If you have genuine concern for California schools, then why not give 100% of unclaimed monies to schools in cash for even non-technology needs of which there are many? This would clearly demonstrate that the settlement is not designed to minimize the amount of money Microsoft must pay."

There's more - much more - in that vein and in the meanwhile, "Our plan is to continue to offer the MSfreePC service in spite of your threats," says Robertson. "If required, we will be a voice in the courtroom defending a consumers rights to use technology and an online process to secure their settlement claims. I believe your company refers to this as the 'right to innovate'."