backtop


Print 79 comment(s) - last by Oregonian2.. on Feb 28 at 3:12 PM

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.


Comments     Threshold


This article is over a month old, voting and posting comments is disabled

RE: Another pointless lawsuit
By FITCamaro on 2/25/2008 10:37:47 AM , Rating: -1
Uh....they didn't come with Vista. They were sold with XP and advertised as capable of running Vista. Which they're able to do. Just only the Vista Basic version. As such, they are able to run Vista and it was not false advertising.

This lawsuit is nothing but idiots who bought shitty hardware complaining that said hardware isn't capable of the best. If you buy cheap crap, you get cheap crap. The sooner people learn that, the better.

And remember, they had two certifications. Vista Capable and Vista Ready. Vista Capable even stated it met the minimum requirements to run Vista. Which implies it will run it, but will not perform the best. Vista Ready though had higher requirements and meant that the system was capable of running all features of Vista. Again, just because you're too ignorant to do some research into what you're buying, doesn't make Microsoft at fault.


RE: Another pointless lawsuit
By rcc on 2/25/2008 12:23:33 PM , Rating: 3
It really doesn't matter what they did. Had MS run a program that only identified systems that could run Vista and Aero well, someone would be suing because they were forced to buy more hardware than they needed to run Vista Basic.

Can we implement a national/international "Wake Up and Pull Your Head Out of your Ass" day? I'm sure the legal industry would hate it, but......


"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














botimage
Copyright 2014 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki