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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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Not Microsofts fault
By AlphaVirus on 2/25/2008 11:43:59 AM , Rating: 2
I went to Frys and bought an HP A1700N (I believe thats the model #) for $400 which had Vista Premium.

The computer has
AMD X2 3800 (lowest dual core possible)
1 gig of ram (DDR24200-4-4-4-12 timings)
Of course onboard video and sound
250GB HDD

Heck, to play games I only spent $135 and now I can play almost every game on the market.
$60 Corsair 2GB ram (DDR26400-4-4-4-12)
$75 Sapphire X1950pro

I would like to see where they came to the conclusion that this is Microsofts fault and how the "Vista Capable" mislead them to buying anything. Now if I bought the CHEAPEST computer and ran Vista fine, what could they possibly be talking about?




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