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Appeals court denies review of Microsoft's appeal against class action status

Microsoft’s short lived break from the “Vista Capable” lawsuit did not quite see the result the software giant was hoping for. After Microsoft’s appeal of a decision to allow the lawsuit to continue as class action, the U.S. Court of Appeals for the 9th Circuit on Monday denied to hear it.

A statement issued to BetaNews by Microsoft legal spokesperson, Jack Evans, claimed, "The Ninth Circuit's decision not to accept our request for interim review is not a ruling on the merits of our case. We look forward to presenting all of the facts on what the district court itself said is a novel claim."

The suit was filed following and accusation against Microsoft for falsely displaying the “Vista Capable” sticker on Window’s machines that lacked in hardware support. The machines were able to run Windows Vista Home Basic, but failed to handle the other versions. This caused uproar especially with the crowd looking forward to the Vista Aero Glass feature.

It would seem this case is cut and dry with Microsoft misleading customers, but the argument prolonging the case consists of Microsoft’s use of two different stickers. Machines that could only run Home Basic were planted with the “Vista Capable” sticker, while machines that could run all versions were labeled “Vista Ready.”

With the case moving forward as class action and the continuation of discovery, Microsoft could see a rough path ahead if new information comes to light. Over the period of the suit, emails quoting Microsoft’s execs bashing the operating system on their low grade machines as well as the company lowering Vista’s graphics requirements so that Intel can make a few extra dollars on its motherboards has already made this case very intriguing. 

With the discovery of new information, Microsoft could take a lot larger hit than they first expected.   At this point, whether Microsoft wins or loses all the information released and to be released could really put a damper on software sales and future contracts.

The remainder of the case should be quite entertaining if we see what we have been seeing. No other information has been released as of yet.



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RE: This is ridiculous
By WayneG on 4/24/2008 9:02:05 AM , Rating: 2
I agree 150million% I don't see where Microsoft is to blame for this, surely it would be thrown out of court immediately? What basis is there for the order? Microsoft clearly labelled a laptop as Vista ready and correct me if I'm wrong but Vista basic is a version of VISTA is it not..? I mean if someone sold me a laptop that was running Linux and it was clearly labelled with "this laptop has Vista on it" then I would be pissed off but there seems to be no valid grounds for a case. Next there'll be people sueing Phillips because their black speakers have a silver lining on them... *sigh*


RE: This is ridiculous
By TimTheEnchanter25 on 4/24/2008 9:58:59 AM , Rating: 2
I agree, really the whole case is based on if Vista Basic is really considered to be a version Vista. I think that Aero glass and flip 3d are neat, but it would not ruin your Vista experience if you couldn't run them.

Unless we are understanding the complaint wrong and these are people that bought a "Vista Capable" pc before Vista came out, then spent the money for Vista Ultimate (or Premium) and weren't able to install it. It would be hard to return your Vista CD to most stores.


RE: This is ridiculous
By TimTheEnchanter25 on 4/24/2008 9:59:00 AM , Rating: 2
I agree, really the whole case is based on if Vista Basic is really considered to be a version Vista. I think that Aero glass and flip 3d are neat, but it would not ruin your Vista experience if you couldn't run them.

Unless we are understanding the complaint wrong and these are people that bought a "Vista Capable" pc before Vista came out, then spent the money for Vista Ultimate (or Premium) and weren't able to install it. It would be hard to return your Vista CD to most stores.


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