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The Courts

Microsoft, Best Buy Face Racketeering Suit 153

Posted by kdawson
from the one-way-to-sign-up-customers dept.
15 judges of the 9th Circuit Court of Appeals have unanimously reversed dismissal of a RICO class action suit against Microsoft and Best Buy, which claims the companies engaged in fraud in promoting Microsoft's MSN online service. (RICO is a statute originally intended to help prosecutors go after organized crime.) Quoting: "The case started after James Odom bought a PC-based laptop at a Contra Costa County Best Buy store. Data about the purchase was sent to Microsoft as part of a joint marketing agreement between the companies. Microsoft then signed Mr. Odom up for its MSN Internet service and, after a free trial period, began billing him for it." Howard Bashman's How Appealing blog has more details on the reversal, including a paraphrase from one of the appellate judges that "all blame rests with the U.S. Supreme Court for allowing the 'outlandish' result that a claim such as this can be pursued under RICO."
Spam

+ - AT&T Yahoo to spam users once again

Submitted by Anonymous Coward
An anonymous reader writes "AT&T Yahoo, having captured and swallowed Pacbell, SBCGlobal, and dozens of other formerly independant ISPs and mail services, announced today after close of business that it will be introducing graphical advertisements in its user's emails. No distinction is made between paid users and free account users, nor between POP/SMTP users vs webmail users. The user agreement and Terms of Service in force with Pacbell and SBCGlobal customers contains language prohibiting theft of bandwidth, and unsolicited commercial email(UCE).

Thu May 03 20:07:49 2007 Notice: AT&T Yahoo! Terms of Service Change
Dear AT&T Yahoo! Member:

AT&T and Yahoo! have a history of providing our members with award-winning, industry-leading Internet products and services at a great value.

As more members are using AT&T Yahoo! Mail to send and receive photos, videos, and music, we will begin offering unlimited email storage in May to both existing and new members. Your service will continue to include all the premium products you already enjoy including video, LAUNCHcast Plus, and an all-in-one security suite.

Additionally, within the next few weeks you will begin seeing graphical advertisements in your AT&T Yahoo! Mail service. These advertisements will be integrated into the AT&T Yahoo! Mail experience, and we hope you will find the advertisements useful. Advertising such as this allows us to continue delivering new and innovative elements to our service and helps us keep prices competitive, while we continue to provide the high level of service that you have come to know and trust.

We strive to provide you with the best online experience possible and to address all your needs on the Internet.

Sincerely,


AT&T Yahoo! Member Services



Please do not reply to this message. This is a service email related to your use of AT&T Yahoo!. To learn more about Yahoo!'s or AT&T's use of personal information, including the use of web beacons in HTML-based email, please read each Privacy Policy. Yahoo! is located at 701 First Avenue, Sunnyvale, CA 94089. AT&T Internet Services is located at 6500 River Place Boulevard, Building III, Austin, TX 78730-1111. RefID: lp-11389916"

Numeric stability is probably not all that important when you're guessing.

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