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Microsoft grabs a break while appeal awaits decision

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 suit.

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.





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