Paul Stephens - IT Journalist and Editor

This article was published in PC Plus issue 135 (Jan 98), and is reproduced here for information purposes only.

Unlike most of the samples on this website, this is NOT the original copy which was sent to the magazine - it's a transcription from the printed page. There were, however, few changes between the two versions.

paul@paulspages.co.uk
www.paulspages.co.uk

'Man sues Microsoft' story, Jan 98

This was an enjoyable story about a Worcester college lecturer who forced Microsoft UK into an out of court settlement when he used basic consumer law to challenge Windows 95's fitness for purpose.

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British man successfully sues Microsoft

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Windows 95 'not fit for purpose' as Microsoft settles out of court.

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While the US Department of Justice, State of Texas and Sun Microsystems struggle to find a chink In Microsoft'5 legal armour (see page 19), a Worcester college lecturer has forced its UK division into an out of court settlement over faults in Windows 95.

Mike Foster upgraded from Win3.1 to Win95 in May, only to find that neither Lotus SmartSuite nor Word 97 Would run. After a week spent 'continuously' on the phone to Microsoft he received Service Pack 1, which solved the problems but ultimately left him feeling 'not a happy bunny' about the quality of Microsoft's product or service.

When a letter of complaint went unanswered for a further three weeks, Mr Foster took legal action. He sued the company for £750 damages, claiming that the original product had not been fit for its purpose under the Sale of Goods Act, and that Microsoft had failed to discharge its contract and duty of care towards him. The company settled out of court, denying liability but nevertheless paying Mr Foster a happy sum 'in the order of £1OOs'.

Retailers usually bear liability under consumer legislation, but Mr Foster was in this instance able to sue Microsoft UK because he'd bought Win95 directly from it under an academic discount scheme. "I used Windows 3.1 for three years with no problems", he told PC Plus, "but Windows 95 has been nothing but a nightmare. I'll be using the money to upgrade to Windows NT hopefully with enough for a few pints left over."

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