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To: ALTERN8 who wrote (19383)2/2/2000 7:30:00 PM
From: E. Davies  Read Replies (1) | Respond to of 29970
 
*OT*

AOL Sued Over Latest Software

WASHINGTON, Feb 02, 2000 (AP Online via COMTEX) -- Lawyers filed a class-action lawsuit against America Online Inc. on behalf of 8 million of its customers, claiming the latest version of its software cripples existing Internet accounts with rival companies.

The lawsuit, filed earlier this week in U.S. District Court in Alexandria, Va., near AOL's corporate headquarters, follows scores of complaints lodged by customers of the online service about problems they encountered after installing version 5.0 of AOL's Internet software.

AOL spokesman Rich D'Amato said today the lawsuit 'has no basis in fact or law.'

AOL has said previously that complaints about interference by its software were overblown and the result of customers not understanding that if they click 'yes' during installation to allow AOL to become their default Internet browser, AOL largely takes over all the online
functions on the computer.

'The 5.0 software providers users with the ability to select AOL as
their default Internet connection, but only if they make the choice to
do so,' D'Amato said. 'It's designed to provider a more stable online
environment, but it doesn't prevent users from accessing the Internet
through another provider.'

Critics, including other Internet providers that compete directly with
AOL, have complained that the new software can suddenly interfere with
connections to rival Internet services or business accounts.

Part of the legal claims were filed under the auspices of a federal
computer crimes law typically cited by U.S. attorneys prosecuting
hackers.

'That act provides criminal and civil liability on anyone who alters
the programs or use of a computer used in interstate commerce,' said
Lloyd Gathings, a Birmingham, Ala., lawyer involved in the case.

Lawyers have asked the judge to certify as the class the roughly 8
million AOL customers who have already upgraded to the new software.

'Obviously, if someone had not suffered damage, principles of fair
play would say there is no claim to compensation,' said Fritz
Schneider, a Maryland lawyer also involved in the lawsuit.

The lawsuit comes just weeks after AOL's announcement of its $145
billion mega-merger with Time Warner Inc., which includes plans to
distribute the new software with Time Warner products, including its
magazines, which draw 120 million readers.