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A lawsuit against Microsoft, alleging it intentionally deceived by labeling underpowered PCs "Vista Capable" wins class action status

DailyTech reported earlier this month on a pending lawsuit, which sought class action against Microsoft for allegedly knowingly deceiving consumers by labeling underpowered computers "Vista Capable", when the computers could only run a bare bones version of Vista lacking many features.  The suit alleged that Microsoft's practice was designed to increase sales at the user's expense.

While the suit seemed somewhat tenuous due to the extensive easy to reach online documentation on system specifics needed and levels of capability, it was strengthened by leaked internal emails from Microsoft which painted a picture of many Microsoft employees and executives venting frustration about the program, which they believed was inaccurate

Several employees claimed to be personally affected by the claims, and said the management involved, "really botched this."  Wrote one Microsoft employee, Mike Nash, "I PERSONALLY got burnt ... Are we seeing this from a lot of customers? ... I now have a $2,100 e-mail machine."

A federal judge,
U.S. District Judge Marsha Pechman, granted the suit class action status, but slightly narrowed its scope.  She ruled that a class action could proceed with the intent of determining whether Microsoft's stickers caused an artificial demand for PCs during the 2006 holiday shopping season, and inflated the prices of computers which couldn't be upgraded to Windows Vista, when it released in January 2007.

Ironically neither of the two people filing the original lawsuit had took part in Microsoft's upgrade program.  However, despite not purchasing Windows Vista, they argued that they were still hurt as they had to pay a higher price for their PCs while getting a computer that could only run a basic version of Windows Vista.

The Judge did say that if the pair added a named plaintiff who participated in the "Express Upgrade" program they could pursue the class action claims concerning the limited functionality as well.

One of Windows Vista's most touted features is the Aero interface.  However, it takes considerable overhead to run, and thus many of the machines labeled "Windows Vista," were unable to support it and could only run Windows Vista in a more graphically barren mode.

Microsoft did not comment on the suit, but may appeal the ruling.


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wow!
By legendn3verdie on 2/25/2008 2:13:23 AM , Rating: 2
I guess to many people are not computer "literate" and are mislead by companies and what not. But who's fault is it really? "dumb" people buying without researching? or the companies not giving what your paying for.




RE: wow!
By oab on 2/25/2008 3:15:12 AM , Rating: 2
Company gave you EXACTLY what you paid for. A PC that was CAPABLE of running Windows Vista.


RE: wow!
By VashHT on 2/25/2008 12:36:36 PM , Rating: 2
I think that if you're buying something for that much money(around $1000 or so) you should be researching it to make sure your money isn't going to waste. Unfortunately most people I know would rather have someone tell them what to buy rather than decide for themselves (at least with PCs).

Also, I have to think that if the people were misled it was more likely by the salesman that sold them their PC rather than Microsoft.


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