"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.
"I want people to see my movies in the best formats possible. For [Paramount] to deny people who have Blu-ray sucks!" -- Movie Director Michael Bay
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
EA Dev: Nintendo is "the Walking Dead"; Wii U is "Crap"
May 20, 2013, 11:27 AM
Sony Officially Announces Gran Turismo 6
May 16, 2013, 10:24 AM
Windows 8.1 Will Be Free; Microsoft Holds Onto Struggling ARM Variant
May 14, 2013, 2:57 PM
Report: 59 Million Windows 8 Devices Have Been Activated Since Launch
May 13, 2013, 3:33 PM
Quick Note: Windows 8.1 Public Preview Coming in June
May 7, 2013, 6:32 PM
Nintendo to Offer Smartphone Apps on Wii U
May 7, 2013, 12:00 PM
Most Popular Articles
High School Student Creates Storage Device that Can Charge in 20 Seconds
May 20, 2013, 6:51 AM
Google Announces "Pure" Galaxy Nexus S4 for $649, Android Updates
May 15, 2013, 1:42 PM
Seawater Cooling Saves Data Center Big Bucks, Energy, Despite Jellyfish Issues
May 17, 2013, 3:23 PM
U.S. Federal Traffic Board Wants to Make Drunk Driving Threshold Far Harsher
May 15, 2013, 11:32 AM
Newegg Legal Chief: "We don't Feed the Trolls"; Defeats Bell Lab Shell Comp.
May 17, 2013, 10:11 AM
Latest Blog Posts
Quick Note: Sony "Teases" PS4 Ahead of Xbox Reveal in New Video
May 20, 2013, 12:33 PM
Nokia Introduces Instagram-Like App of Its Own to Help Lumia Sales
May 20, 2013, 7:10 AM
Parents of Pre-Teen Drivers Commonly Practice Distracted Driving Says Study
May 9, 2013, 7:16 AM
Apple's iOS 7 Running Into Internal Delays Due to Massive Overhaul
May 1, 2013, 4:26 PM
Elon Musk Willing to Spend More Money on Widening of 405 Freeway
Apr 26, 2013, 7:28 PM
More Blog Posts
Copyright 2013 DailyTech LLC. -
Terms, Conditions & Privacy Information