lawsuits

Microsoft goes after 'career' pirates in court

Paul Mah — Fri, 13 Jun 2008 10:10:13 -0400

In an effort to stamp out hard-core bootleggers--aka 'career' pirates--Microsoft has filed a total of 21 lawsuits in Federal courts spanning 14 states in the U.S. Perhaps lending credence to the question whether existing punishments are punitive, or perhaps simply reflecting the lucrative nature of piracy itself, eight of the firms sued have already been sued for software piracy by Microsoft. It is not known if these pirates peddled counterfeit Microsoft software that was purchased by knowing parties, or if they were pushed to an unsuspecting public. The Redmond-based company says that more than $8 billion of its software was counterfeited in the United States alone in 2007.

For more Microsoft's anti-piracy lawsuits:
- check out this iTnews article

Lawsuit tries to block HP-EDS merger

Thu, 05 Jun 2008 06:59:59 -0400

There are many questions regarding the announced sale of EDS to HP, including what it means for their respective tech staffs, the direction of the new merged company and the new shape of global IT services landscape. But some people are trying to put a stop to this marriage before it is even consummated.

The Utah-based Intermountain Ironworkers Trust Fund has filed suit alleging the sale is unfair to EDS shareholders. A similar suit by an EDS shareholder has been filed in Delaware. It remains unclear how the lawsuits will develop or whether they will slow or impact the merger in any way.

For more on this merger:
- see this silicon.com article

Data theft puts IT on hot seat

Mon, 31 Mar 2008 07:59:59 -0400

The tech industry has been analyzing and evaluating the recent theft of 4.2 million credit and debit card numbers from the Hannaford supermarket chain, a Maine-based grocer. And what they are finding is quite unsettling. While the theft is tiny in comparison with last year's massive data breach involving 94 million cardholders at The TJX, it is worrisome for different reasons. The theft was the first known heist that occurred when customer data was in transit as opposed to sitting in a database. What's more, the company was in compliance with the Payment Card Industry Data Security Standards (PCI DSS). That standard was established by major credit card companies to protect the privacy of customer data. But some experts say that is not enough of a wall to protect valuable information from being stolen. What's a company to do? Put added safeguards in place and review them often. Check out your security protections and make sure they work. Lawsuits are expected in the wake of this latest theft. And that should come as no surprise.

For more on the fallout from this data theft:
- Check out this SearchCIO article

Other articles on data theft:
- Malware blamed on supermarket leak. Article
- Questions about Hannaford theft. Article
- A well-orchestrated leak. Article

HP settles privacy case

Tue, 19 Feb 2008 06:59:59 -0500

In 2006, HP disclosed that misconduct by private investigators and company employees occurred during an attempt to identify the source of a boardroom leak. Now company officials, hoping to put the scandal behind them, have reached a settlement with The New York Times and three Business Week reporters. "What HP did was an affront to the free press," Terry Gross, the San Francisco lawyer representing the parties told The New York Times. "They did not like what reporters were writing, and they broke into their private telephone accounts to identify who their sources were," he said. HP said in a written statement that it is "happy to resolve the matter." But the company still faces lawsuits filed by three CNET reporters and an Associated Press journalist.

For more on the settlement of the spy case:
- See this Vnunet article

IBM and PWC settle federal kickback suit for $5.3M

Mon, 20 Aug 2007 06:59:59 -0400

After three years of litigation, IBM and PricewaterhouseCoopers (PWC) separately paid fines that added up to $5.3 million, in order to settle a broader set of DOJ lawsuits stemming from multiple whistle-blower allegations that systems integrators (like PWC) have been inappropriately diverting contracts to technology vendors (like IBM). But wait a minute…aren't IBM and PWC one and the same company? Didn't Big Blue buy the consulting arm of the venerable accounting firm in 2002 to strengthen the IBM Global Services presence and to create the type of "synergy" that would optimize the technology group's visibility, insight and access to clients, especially in the lucrative and recession-proof federal IT market? The answer, of course, is yes, so it should not come as a surprise that there are some intimate linkages among the parties concerned. Nevertheless, PWC-turned-IBM Global Services consultants are not supposed to cherry pick technology providers when they are ostensibly offering clients independent advice on how to build next generation IT infrastructures. But it is a complicated situation for all concerned. And the confusion is rooted in the fact that all large vendors view systems integrators as a channel into the federal IT sector. There are all kinds of alliances (most of them well documented and promoted) among systems integrators and technology providers who serve government agencies. If the government is going to outsource the management of these complex technology programs, then it must be aware that it is dealing with a web of business relationships that are already established in the market. Beyond IBM/PWC, the broader DOJ suit targets Accenture, HP and Sun. In settling, IBM denies any wrong-doing.

Read coverage of the IBM/PWC development:
- see the article Computerworld

Microsoft goes to court...again

Mon, 13 Aug 2007 06:59:59 -0400

Meanwhile, Microsoft has some legal problems of its own (again). The software giant is facing a class-action lawsuit alleging that stickers which read "Windows Vista Capable" that were put on some PCs were misleading. One suit claims that Microsoft violated the Consumer Protection Act by affixing these labels without telling consumers they may have to perform upgrades to a "capable" machine in order to run a premium edition of the OS. Meanwhile, another suit alleges that Microsoft unjustly received payment for Windows XP licenses and upgrades from Vista Basic to Vista Premium in a deceptive manner. Late last week, a Washington State judge denied Microsoft's request to dismiss some of the claims. According to Infoworld, the judge is allowing the two plaintiffs' claims to move into the trial phase. The judge did dismiss one claim, which alleged a "breach of contract." The case is scheduled to go to trial on Oct. 8.

For more on the lawsuits brought against Microsoft:
- check out the article in Infoworld

ALSO NOTED: Microsoft to ship new version of Windows in three years; When should a CIO think and act like a VC?;

Sun, 22 Jul 2007 20:01:38 -0400

> Microsoft to ship new version of Windows in three years. Article

> Acer responds to two HP lawsuits with patent counterclaim. Article

> When should a CIO think and act like a VC? Article

> A closer look at the facts and myths behind the H-1B debate. Article

> What happens when Indian outsourcers set up shop in America? Article

And Finally... Forget the Ghostbusters: Ghost hunters go high-tech. Article

E-discovery and the CIO

Thu, 12 Apr 2007 20:01:39 -0400

Electronic discovery is a firm's obligation to produce all of the documents or information in its possession--including documents that exist only in electronic form--in the event of initiated or threatened litigation. It is important to recognize that in today's business climate, litigation is not always a last-resort. Increasingly, it is becoming an active strategy of the business and is being critically assessed, based on its potential to generate a positive return on investment. In-house counsel should play an important role in information access and management. Managing the content of information should not be ignored. Pay attention to the content of the information being protected. Failure to do so can expose the company to substantial litigation risk. A systematic campaign of education and compliance monitoring is a fundamental element of effective corporate policy around information management. Finally, litigation needs can present a fundamental departure from otherwise highly effective information strategies. Don't try to generate a one-size-fits-all strategy to accommodate the often unique demands presented by litigation. Give proactive consideration to potential litigation when developing information processes.

Learn more about e-discovery and the CIO:
- read the article at CIO Canada

ALSO:
- read this on dealing with e-discovery
- and this on heading lawsuits off at the pass

Dealing with e-Discovery

Thu, 29 Mar 2007 20:01:39 -0400

New federal rules regarding electronic discovery have changed the game for storage and records retention, as well as for ongoing litigation support within the company. These rules will only make things harder for CIOs, but by understanding both the positive and negative consequences, you can mitigate the fallout. The key is being able to find records requested by the court during a lawsuit quickly; if you can't, your company will be liable for fines or sanctions. To deal with these new rules, create an eDiscovery leader within the organization whose role it is to fully understand how these legal imperatives effect ongoing records retention policies and storage initiatives within the organization; create and publish a records retention policy and enforce it, form a committee comprised of IT, Legal, Finance and Human Resources representatives, whose job it is to audit the holding and elimination of data, and to identify new platforms that extend existing document management, records retention and messaging applications.

To read more about preparing for the new eDiscovery laws:
- read the article at CIO Update

Related Articles:
CIOs and lawyers speaking the same language. Report
Heading off lawsuits at the pass. Report

Microsoft is serious about fighting phishing

Tue, 21 Nov 2006 19:01:36 -0500

Microsoft's efforts to shut down phishers are having some impact. According to a news report, Redmond has filed 129 lawsuits abroad against alleged phishers and is working hand-in-hand with law enforcement agencies in both Europe and the Middle East. A recent court case landed a Turkey phisher behind bars for a little over two years. The economic effect of phishing is nothing to sneeze at given that one analyst firm says the malware will cause nearly $3 billion in damages this year alone.

For more on Microsoft's phishing fight:
- read the article at News.com

Related Article: How phishing is getting more sophisticated. Article