The little sticker that hung on machines following the
release of Microsoft’s Windows Vista operating system added a little more
weight to the already heavy company litigation boat. It looks like Microsoft will get a chance to
lighten the load a little with the recent decision by Judge Marsha Pechman to
put the case on hold while Microsoft challenges the class-action status of the
The “Windows Vista Capable” sticker caused quite a
commotion, falsely leading people to believe they would be able to run any
version of Vista on their machines. The
lawsuit, filed by two individuals, covers that fact that only Windows Vista
Home Basic was able to run on “Vista Capable” machine, giving false hope to
those who wanted to run the Aero interface.
Following Pechman’s decision to allow the case to move
forward as class action, Microsoft appealed. The software behemoth questioned the focus on the sticker claiming that people
should already know what sort of hardware they need in order to run Windows
Vista Home Premium.
The appeal was brought forth when Microsoft questioned whether
the case was even able to be decided by Washington courts since the suit came
from an individual who did not actually reside in Washington. Judge Pechman decided to stay the case when the
plaintiffs requested to continue discovery, allowing Microsoft some breathing
room until the issue is take care of.
Microsoft started taking a heavy beating when emails were
discovered from the company’s top staff discussing the problems involving the
sticker. While the case is on hold,
Microsoft should pray no more information is brought forth against them with
discovery not yet complete.
The case is currently awaiting a decision by the Ninth
Circuit to rule on the appeal.