"Vista Capable" Class Action Suit Against Microsoft Moves Forward
February 25, 2008 1:31 AM
comment(s) - last by
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.
This article is over a month old, voting and posting comments is disabled
I'm unsure how this actually has legs...
2/25/2008 9:40:54 AM
Here's MS's page on "Vista Capable"
A Windows Vista Capable PC includes at least:
* A modern processor (at least 800MHz¹).
* 512 MB of system memory.
* A graphics processor that is DirectX 9 capable.
Not really beefy requirements there. I'd really hate to see Vista on a 800 Mhz P3 with 512 megs of Ram.
As any person that has any actual PC-related experience truly knows, the bare minimum usually is lousy for performance. Lets rewind to Windows 95...
• Personal computer with a 386DX or higher processor (486 recommended)
• 4 megabytes (MB) of memory (8 MB recommended)
• Typical hard disk space required to upgrade to Windows 95: 35-40 MB The actual requirement varies depending on the features you choose to install.
• Typical hard disk space required to install Windows 95 on a clean system: 50-55 MB The actual requirement varies depending on the features you choose to install.
• One 3.5-inch high-density floppy disk drive
• VGA or higher resolution (256-color SVGA recommended)
Windows 95 on a 386DX with 4 Megs of Ram? I'd rather claw my eyes out than watch that load. It was painful on a 486/66dx2 with 16 megs of ram, IMO.
I really don't see how this has any merit at all, as MS has another branding program for Vista Premium.
A Windows Vista Premium Ready PC includes at least:
* 1 GHz 32-bit (x86) or 64-bit (x64) processor¹).
* 1 GB of system memory.
* Support for DirectX 9 graphics with a WDDM driver, 128 MB of graphics memory (minimum)², Pixel Shader 2.0 and 32 bits per pixel.
* 40 GB of hard drive capacity with 15 GB free space.
* DVD-ROM Drive³.
* Audio output capability.
* Internet access capability.
I'm doubt that's going to give you a great experience either, but those are the requirements.
It seems to me Vista was marketed poorly to the consumer by the retailers, versus Microsoft themselves.
“We do believe we have a moral responsibility to keep porn off the iPhone.” -- Steve Jobs
Suit Says Microsoft Knowingly Deceived Consumers With Vista
February 11, 2008, 10:19 AM
Microsoft Redefines "Vista Capable" as Minimum Experience
April 9, 2007, 9:39 AM
Microsoft Sued Over Windows Vista Capable Logo
April 4, 2007, 4:18 PM
Microsoft Vista and Office 2007 Now Available to Consumers Worldwide
January 30, 2007, 10:48 AM
Deciphering the Windows Experience Index
January 28, 2007, 1:18 AM
Quick Note: Whoops, Microsoft Pushed Unwanted Windows 10 to Some Users
October 15, 2015, 9:04 PM
Quick Note: Windows 10 Insider Preview Build 10565 Fixes Boot Camp 6.0 Issues
October 13, 2015, 11:39 AM
Microsoft's HD-500 ("Display Dock"), the Magic Sauce Behind Continuum
October 6, 2015, 5:30 PM
Quick Note: Windows 10 Hits 110 Million Devices, VMs
October 6, 2015, 4:30 PM
Windows 10 on Raspberry Pi, IoT Devices Sees Developer Debut
August 12, 2015, 2:41 PM
Sony Issues Bizzare "Do Not Update" Edict to VAIO PC Owners
August 11, 2015, 9:42 PM
Most Popular Articles
Free Windows 10 offer ends July 29th, 2016: 10 Reasons to Upgrade Immediately
July 22, 2016, 9:19 PM
Top 5 Smart Watches
July 21, 2016, 11:48 PM
2017 Porsche Panamera: I’ll Take Three of These.
July 24, 2016, 6:44 PM
Latest Blog Posts
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
"Bear Selfies" Fad Could Turn Deadly, Warn Nevada Wildlife Officials
Oct 28, 2014, 12:00 PM
The Surface Mini That Was Never Released Gets "Hands On" Treatment
Sep 26, 2014, 8:22 AM
ISIS Imposes Ban on Teaching Evolution in Iraq
Sep 17, 2014, 5:22 PM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information