"Vista Capable" Class Action Suit Against Microsoft Moves Forward
February 25, 2008 1:31 AM
A lawsuit against Microsoft, alleging it intentionally deceived by labeling underpowered PCs "Vista Capable" wins class action status
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,
"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.
"We can't expect users to use common sense. That would eliminate the need for all sorts of legislation, committees, oversight and lawyers." -- Christopher Jennings
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