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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 Topweasel on 4/24/2008 11:56:47 AM , Rating: 2
But all of this implies that Vista Ultimate for example won't run on any of these machines. They may not run it well, but I currently have vista Home Premium on a machine that barely has 512 MB of memory and an integrated Intel video card. I don't get Aero but I still get Media center which is why I purchased it in the first place(Zune and X360 streaming).

While they might have a case that Microsoft didn't do a enough to say hey this machine won't run Aero, its not like what was listed wasn't true and doesn't apply to all of the versions of Vista.

My question is why are we allowing people to infer what something says. Microsoft listed machine as Vista Capable, any machine that has this sticker is capable to run all of these versions just certain features don't work. My Point is even if they knew people wouldn't understand what they are saying how much is the public allowed to infer to what success the machine is capable of. Its not like Microsoft didn't have the information available for everyone if they had questions.


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