Microsoft sued over unified communications deal

A Wisconsin small business is suing Microsoft for allegedly misrepresenting the capabilities of its unified communications software.

Microsoft has been sued by a small Wisconsin business for allegedly misrepresenting the capabilities of its Live Communications Server product, selling the company more licenses than it needed and not providing a refund or other products to solve its original problem.

Imagineering International filed its lawsuit in December in the Fond de Lac County circuit court in Wisconsin, accusing Microsoft of breach of contract and breach of warranties, among other offenses.

Imagineering claims Microsoft failed to resolve problems the company had with deploying an enterprise version of Live Communications Server, then did not replace the product with a revamped version, Office Communications Server (OCS), as Microsoft had promised.

Microsoft also never provided Imagineering with a refund for the products and licenses it purchased, after requiring Imagineering to destroy its licenses and the software as a condition of receiving a credit toward OCS, said Jeff MacMillan, president and CEO of Imagineering.

Imagineering, a 23-person IT consulting firm and reseller, had been a Microsoft partner for about 10 years at the time it purchased the products and licenses, he said. The company has since terminated its partnership with Microsoft.

Rather than responding in the same court, Microsoft filed papers Wednesday with the U.S. District Court for the Eastern District of Wisconsin in Milwaukee to move the case from the county court to the federal court, citing Imagineering's request for damages that exceed US$50,000 as one reason.

Cases heard in federal courts also tend to take longer to be resolved, and plaintiffs can lose some of their claims in summary judgment, said Michael Kuborn, an attorney representing Imagineering from the Curtis Law Office in Oshkosh, Wisconsin.

A lawyer representing Microsoft did not respond to a phone call requesting comment. A Microsoft spokesperson said via e-mail Friday that Microsoft is reviewing the allegations and will make its response in court.

Imagineering alleges in its complaint that on Oct. 7, 2005, it purchased Microsoft's LCS software, 1,500 Client Access Licenses and 1,500 External Connector Licenses for a total of $70,776. At the time LCS was Microsoft's software for providing a unified communications system, which links a company's voicemail, telephone system, e-mail and other employee communications services on the same software infrastructure.

MacMillan said Friday that Microsoft representatives had informed him that LCS had the capabilities his company needed to create a unified communications platform out of its disparate systems for telephony, voicemail, fax and e-mail. Microsoft also said it would provide remote desktop capability, which was key to Imagineering's deployment, he said.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags legal

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Elizabeth Montalbano

IDG News Service
Show Comments

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Laura Johnston

MSI GS65 Stealth Thin

If you can afford the price tag, it is well worth the money. It out performs any other laptop I have tried for gaming, and the transportable design and incredible display also make it ideal for work.

Andrew Teoh

Brother MFC-L9570CDW Multifunction Printer

Touch screen visibility and operation was great and easy to navigate. Each menu and sub-menu was in an understandable order and category

Louise Coady

Brother MFC-L9570CDW Multifunction Printer

The printer was convenient, produced clear and vibrant images and was very easy to use

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?