Nebraska court revives Microsoft lawsuit

? The Nebraska Supreme Court revived a lawsuit Friday that alleges Microsoft Corp. violated the state’s consumer-protection laws by engaging in monopolistic behavior.

Two residents sued the software giant in 2001 on behalf of individual and corporate Windows users, who the lawsuit says number at least 4,000 in the state. The lawsuit alleges that Microsoft used its monopoly in computer operating systems to overcharge people for its Windows 98 software.

A Dodge County judge threw out the lawsuit, citing a 1977 U.S. Supreme Court decision that said only consumers who bought directly from price-fixing manufacturers could sue for antitrust damages. Windows 98 typically is preloaded on computers from various sellers.

The 4-3 opinion Friday that revived the lawsuit said Nebraska’s consumer protection law, passed after the 1977 decision, allowed claims whether a good or service was sold directly or indirectly.