Girard &Green, LLP Files Class Action Suit Against America Online, Inc. for Unfair Business Practices.Business Editors &Legal Writers SAN FRANCISCO--(BUSINESS WIRE)--Feb. 3, 2000 A class action lawsuit class action lawsuit A lawsuit in which one party or a limited number of parties sue on behalf of a larger group to which the parties belong. For example, investors may bring a class action lawsuit against a brokerage firm that has actively promoted a tax against America Online See AOL. , Inc. (&uot;AOL&uot;) was filed today in Alameda County Superior Court on behalf of Michael Muzio, an Alameda resident. The suit alleges that subscribers to America Online Inc. encounter problems after installing Version 5.0 of AOL's internet software. According to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the suit, AOL's new software was deliberately designed to interfere with use of non-AOL communications programs and with connections to non-AOL internet services. In particular, if customers click &uot;yes&uot; during installation to allow AOL (A division of Time Warner, Inc., New York, NY, www.aol.com) The world's largest online information service with access to the Internet, e-mail, chat rooms and a variety of databases and services. to become their default internet browser See Web browser. , AOL's software also replaces or modifies critical windows files and communications settings, making it virtually impossible to connect to rival internet service providers Internet service provider (ISP) Company that provides Internet connections and services to individuals and organizations. For a monthly fee, ISPs provide computer users with a connection to their site (see data transmission), as well as a log-in name and password. . The suit alleges that in October 1999, AOL released America OnLine Version 5.0 (&uot;AOL 5.0&uot; or &uot;version 5.0&uot;), and launched an advertizing blitz designed to switch existing customers over to AOL 5.0 as quickly as possible. AOL touted the supposed advantages of the new version, including improved performance and functionality, and new features such as its &uot;You've Got Pictures&uot; and &uot;My Calendar&uot; features. By the end of October, AOL reported that the new version had been downloaded more than 4 million times, and that the new software already accounted for 30% of the time customers spent online. At present, at least 8 million AOL customers have attempted to install version 5.0. The suit further alleges that in advertising version 5.0, however, AOL did not disclose to new and existing customers that, during the installation process, AOL 5.0 would unnecessarily &uot;customize&uot; the host system's communications configuration and settings such as to interfere with any non-AOL communications software (communications, software) communications software - Application programs, operating system components, and probably firmware, forming part of a communication system. These different software components might be classified according to the functions within the Open Systems and services the customer might be using or might want to use in the future. After installing AOL 5.0, many users report they can no longer connect to other ISPs, can no longer run non-AOL e-mail programs, and, sometimes, cannot even connect to local networks. Even users who have not yet experienced problems are likely to do so when, in the future, they attempt to connect to a non-AOL service. The suit further alleges that many of the unnecessary and sweeping changes to the user's system occur after the user clicks &uot;yes&uot; when asked by AOL 5.0 during the installation process whether the user wants AOL to be the default browser. The question is accompanied by no warning that anything more is intended than establishing benign and easy-to-change associations so that the AOL browser is automatically run when the user double-clicks on &uot;.html&uot; files, or otherwise invokes a browser. Instead, the suit alleges, if the customer clicks &uot;yes,&uot; in addition to installing AOL as the default browser, the AOL installer program modifies or overwrites critical Windows communications files and changes the TCP/IP TCP/IP in full Transmission Control Protocol/Internet Protocol Standard Internet communications protocols that allow digital computers to communicate over long distances. and other communications settings. The suit, Muzi v. America Online Inc., seeks injunctive relief injunctive relief n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction. and damages on behalf of a class estimated at approximately 8 million customers, and alleges claims for violation of California's unfair business competition law and violation of the California Consumers Legal Remedies Act. Muzio is represented by Girard &Green, LLP LLP - Lower Layer Protocol , partner Daniel C. Girard and associates Eric H. Gibbs and Gordon M. Fauth, Jr. Plaintiff's counsel in this Action -- Girard &Green, LLP -- has significant experience in prosecuting class actions and actions involving deceptive and unfair business practices. The firm's legal team also includes attorneys with experience in computer programming and hardware and software design and support. Girard &Green, LLP is based in San Francisco and is active in litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. pending in federal and state courts throughout the United States. |
|
|||||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion