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Plaintiffs Requested And Have Received Documents Relating To Microsoft's Market Development Agreement
As previously reported, Plaintiffs requested and have received documents relating to Microsoft's Market Development Agreement ("MDA"), which provides discounts on the price of Windows to OEMs for achieving certain technical and marketing milestones. Plaintiffs have now completed their review of these documents and have not discovered any issues that require further investigation.
Since our prior Status Report, Microsoft has issued a clarification addressing some OEM confusion regarding the application of the MDA's "tagline" requirement to print advertisements and websites for computers sold with non-Microsoft operating systems. In response to one OEM's question, Plaintiffs confirmed that, pursuant to the MDA and this clarification letter, advertisements that mention only a non-Windows operating system (e.g. Linux) are not audited for compliance with the MDA; Microsoft represented that this was consistent with past practice.
Over the next several months, Microsoft will release the next version of its uniform OEM licensing agreements relating to Windows. Plaintiffs will review the beta versions of these agreements as they are released to OEMs; as in past licensing cycles, Plaintiffs will also review feedback on the beta agreements submitted by OEMs to Microsoft. Plaintiffs will apprise the Court of any compliance issues that arise from their ongoing monitoring of Microsoft's relationships with OEMs.
NJ Lawyers' Fund For Client Protection
During the fourth quarter of 2006, the New Jersey Lawyers' Fund for Client Protection, funded by the state's lawyers and judges, awarded $1,179,686... Read more >
Sneak And Peek Warrants Legal Issues Regarding Surreptitious Searches
A few courts have upheld the use of sneak and peek warrants, which ensure th... Read more >
Definition:
A statutory post-judgment proceeding in which a third party who holds property, money or credits belonging to the judgment debtor is required to surrender such property, money or credits (to the extent of the judgment) to the court or sheriff for application against the judgment awarded against the judgment debtor.
Discovery
Definition:
A legal process by which lawyers are entitled to find out information from their adversary in a pending case.
Summons
Definition:
An appearance ticket requiring a defendant to appear before the court for arraignment on an underlying accusatory instrument
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