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Microsoft & Best Buy - Are They Really Racketeers?

It seems that a very interesting case was brought before the US Supreme Court in which the court rejected the appeals of both Microsoft and Best Buy as being racketeers in violation of the RICO [ Racketeer Influenced and Corrupt Organizations] act. If you are not familiar with the RICO act it is mainly used against those involved in organized crime. But in this case a lower court upheld a previous conviction of the two companies for conspiring to deceive consumers.

It seems that seven years ago a complaint was filed against the two companies stating that consumers were duped into being charged for MSN accounts provided by Microsoft and being put on computers that Best Buy was selling at the time. Apparently it was alleged that consumers were being over charged for services and duped into taking unwanted services from both Microsoft and Best Buy. Now that the complaint has been upheld, it would appear that civil proceedings can now take place.

If you were a victim of this MSN gimmick you will be entitled to some type of compensation once this case goes civil. Will you really be awarded some type of compensation? I can only use my own personal experience involving a California case against Microsoft for over charging for software in which I received the sum of $158. Yes it did take time but I finally got a check. :-)

What really is going to make this case most interesting is that the RICO act provides triple payment of damages if a company is found guilty. Both Microsoft and Best Buy could be facing a hefty pay out when the case concludes.

My question is this. Should an act that was designed to put criminals behind bars be used against reputable companies? Or are both Best Buy and Microsoft just as guilty as any criminal in their alleged behavior?
Comments welcome.

[tags]microsoft, best buy, rico, act, criminals, [/tags]

2 Comments

Yeah, I do think that they should face the penalty for this. Lawyers over a hundred years ago fought to make it so that corporations are like human beings (in that the corporation has all the rights declared in the constitution) so that they can get away with pulling a lot of crap on the consumers. Well, IMO, it’s a two way street. If they want the corporation to be treated as a human being, they should be punished by the same laws designed to put criminals behind bars.

That’s just my opinion though.

Thanks for the comment Jeremy.

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