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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 rdeegvainl on 4/24/2008 10:45:36 AM , Rating: 2
I think capable is actually the lesser of the two. To be ready to run the marathon, you have to be capable first. But if you haven't eaten your Wheaties and hydrated, your body is still capable, just not ready.
I think the difference here is that your using it as "mentally" ready, where as I am thinking about the physical capabilities of the body. I think they are similar, but they gave the information out as to the difference between the two stickers, the users just didn't find it.

RE: This is ridiculous
By mattclary on 4/24/2008 10:48:58 AM , Rating: 2

Both stickers, especially to the unwashed masses will read "Vista will run just fine on this machine"

RE: This is ridiculous
By Kenenniah on 4/24/2008 12:53:56 PM , Rating: 2
Microsoft wasn't the only or the first to use capable and ready in this manner.

HD Capable television - Can display HD content but needs an external HD converter.
HD Ready television - Can display HD content and has an HD receiver built in.

Is that so much different? If the MS lawsuit is valid, why aren't TV manufacturers being sued for their labels? Your "unwashed masses" could easily have bought an HD capable TV without knowing the difference.

Besides, people need to take responsibility for themselves. If the "unwashed masses" aren't computer literate enough to know what they are getting, then they should do this thing called research. Look at reviews, talk to other people and so on. Most non techies would probably think an 8400GS video card is faster and better than a 7900GTX because of the higher number. Of course this is far from the case, but it's not Nvidia's fault if the user buys without doing any research.

Are the PC's in question in lawsuit capable of running Vista? Of course, so what's the problem. If a video card says it's Direct X 10 capable, does that it mean it should run all DX 10 games with all features enabled? Obviously not, try running Crysis with all features enabled on a DX 10 IGP. So why is Microsoft's Vista Capable held up to higher standards. It can run Vista, but just not all versions with all bells and whistles turned on.

RE: This is ridiculous
By murphyslabrat on 4/24/2008 1:08:57 PM , Rating: 3
Both stickers, especially to the unwashed masses will read "Vista will run just fine on this machine"

Choice of words is interesting, as the kind of people that would correctly interpret the stickers are, demographically speaking, far more likely to be unwashed.

RE: This is ridiculous
By Alpha4 on 4/29/2008 6:37:53 PM , Rating: 2
the kind of people that would correctly interpret the stickers are, demographically speaking, far more likely to be unwashed.

I love how nobody here expressed any offense with that statement.

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