Court decides Microsoft owes some benefits to freelancers
Article Abstract:
The Ninth Court of Appeals in San Francisco ordered Microsoft Corporation to give contract employees all the benefits provided to its regular employees. These benefits include participation in the 401(k) plan and purchase of company stock at reduced prices. The ruling is expected to have far-reaching national implications, because about 7% of the workforce is provided by contractors, especially in high-tech industries. The ruling is also precedent setting, because by treating employees as contractors, companies are avoiding new laws such as the family medical leave act and the disability act. Microsoft argued that the contract employees are freelance workers. The court, however, based its decision on an IRS ruling in 1990 that the contract workers were common law employees, because they worked inside Microsoft's offices and were supervised by the company. Microsoft plans to appeal the court decision.
Publication Name: The New York Times
Subject: Business, general
ISSN: 0362-4331
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
Supreme Court deadlocks in key case on software; tie vote leaves copyright issue unresolved
Article Abstract:
The Supreme Court divides four to four in ruling on a case that would have set a precedent in determining the copyright protections available for software. The judges split over a suit that Lotus brought against Borland in 1990, claiming that the latter infringed on Lotus' copyrights by using the same menus and commands in Borland products that Lotus first established in its Lotus 1-2-3 spreadsheet software. The core of the case rests on whether the menus and keystrokes constitute a form of original expression, which would be protected by copyright laws, or whether they are a 'method of operation,' which is not covered. A Federal appeals court ruled that the menus and keystrokes were a method of operation, and the Supreme Court's failure to reach a decision means that the appeals court's ruling stands. Justice John Paul recused himself from the case without explaining his move.
Publication Name: The New York Times
Subject: Business, general
ISSN: 0362-4331
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
Sun sues Microsoft on use of Java system; dispute could determine control on standard used in software
Article Abstract:
Sun Microsystems has sued Microsoft, contending that the software giant has attempted to pirate Sun's Java programming language by shipping a hostile version. The lawsuit was announced on Oct 7, 1997. Sun, which alleges trademark infringement, false advertising, breach of contract and interference, is asking for financial damages and an injunction to prevent Microsoft from selling its Internet Explorer 4.0 browser. Sun says IE 4.0 includes a version of Java that conflicts with a previously defined, Microsoft-licensed standard. The lawsuit is regarded as unusually significant because it could determine who controls fundamental software standards on the Internet. Until recently, Microsoft held undisputed dominance because of the popularity of its Windows operating system, but Java has a potential to establish an open Internet standard that bypasses Windows.
Publication Name: The New York Times
Subject: Business, general
ISSN: 0362-4331
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Netscape notifies Justice Dept. of its Microsoft complaint. If Microsoft loses suit, 19 states plan to seek a radical overhaul
- Abstracts: U.S., Microsoft clash on court-order compliance. U.S. may add charges to Microsoft case; continuing investigation could pick up states' allegation on pricing
- Abstracts: Microsoft joins Visa to propose a standard for on-line paying. U.S. won't challenge Microsoft Network before its debut
- Abstracts: CompuServe's critics see hypocrisy in its efforts to restrict adult content
- Abstracts: Leasing as one means to avert obsolescence. Computers no longer are typecast in movies. Selecting a computer for the college trunk