AOL 5.0 draws more fire

Another suit claims the Net access software holds users 'hostage.'

By Nancy Weil
IDG News Service, 02/28/00

AOL has been slapped with another class action lawsuit claiming that Version 5.0 of its Internet access software renders operating systems unstable and, in some cases, inoperable. The suit also claims that the software effectively blocks computer users from being able to connect to competing ISP networks.

The most recent suit was filed Thursday in King County Superior Court in Washington State and contends that AOL released Version 5.0 knowing that it could alter a computer operating system, according to a written statement released by Hagens Berman, the law firm handling the lawsuit.

AOL 5.0 has left users "drowning in software problems," the statement says.

"Users who installed AOL 5.0 expected that they were going to get 500 free hours of faster, better Internet access. But what really happened was that their computers were unknowingly sabotaged so that they could no longer use any Internet service other than AOL. This was a brazen attempt by AOL to hold these customers hostage as long as they wanted to connect to the Internet," attorney Steve Berman says in the release, which also termed AOL 5.0 "the most insidious way the company could force consumers to use AOL."

If the class of consumers is approved by the court, the lawsuit would represent all Washington State AOL users who installed 5.0. The number of consumers is unknown but could be tens of thousands, the statement says.

The lawsuit is similar to a complaint filed in the U.S. District Court in Alexandria, Va., earlier this month on behalf of the estimated eight million U.S. consumers who have downloaded the software and found the operation of their computer was altered.

AOL spokesperson Rich D'Amato says that the features added to AOL 5.0 came after members requested them because users want a "more seamless or reliable Internet experience." Users must permit any changes in computer settings, and those who do so inadvertently can find instructions about how to alter changes at the help area on AOL or by going to "keyword: help," he says.

Users are able to use multiple ISPs with AOL 5.0, he says.