Microsoft tries to dismiss Windows Phone location lawsuit
updated 12:00 pm EST, Fri December 2, 2011
Microsoft: WP7 location suit doesn't list damages
Microsoft has tried to dismiss the lawsuit that alleges its Windows Phone handsets illegally collect location information on its users. A Thursday WithinWindows report revealed that Microsoft back on November 18 filed a motion to dismiss the complaint on the grounds that plaintiff Rebecca Cousineau hasn't shown any inflicted damages to her or those she represents. The motion to dismiss (PDF) is full of quoted precedent cases that possibly support Microsoft's claim.
The original federal lawsuit was made in Seattle and is aiming for class action status. In it, Cousineau claimed the phone's camera app marks the location over GPS even after the owner switches the feature off. Microsoft fixed the issue as of Windows Phone 7.5, but it didn't acknowledge the existence of the problem after discovering it months earlier.
A proposed bill meant to require user consent for Android and iPhone geolocation may also extend to Windows Phone 7 devices.
