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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 Reclaimer77 on 4/24/2008 2:29:47 PM , Rating: 2
Microsoft is not the devil.

However the whole " Vista Capable " problem exists because they made too much of a gray area. Microsoft, of all people, should understand the HUGE majority of their customer base are not super technophille geeks. They didn't know Vista was a POS system hog of an OS. And why should they assume they bought something that can't run the full version of Vista ?

Using poor lose wording to entice sales is nothing new. But sometimes you get called on it, and thats what has happened here.

MS isn't satan. They aren't out to "screw everyone " or any such dribble. They just made a mistake. People were mislead, plain and simple.


RE: This is ridiculous
By odessit740 on 4/24/2008 3:12:10 PM , Rating: 2
And it is for that reason, because Microsoft made a mistake, that they should be held accountable for it. It is about accountability and Microsoft needs to be accountable for their products. Microsoft didn't come out with 5 different stickers, they came out with 1. Therefore, it would be assumed that Vista would work for any laptop that had that sticker if that sticker was on it. They should've come out with a sticker which stated which version(s) each laptop would be compatible with, they didn't, they made a mistake, and intentional or not, they need to be held responsible. (All of this is IF they are found guilty, thats what the courts are for.)


RE: This is ridiculous
By FITCamaro on 4/25/2008 10:16:30 AM , Rating: 2
You don't even know what you're talking about. They had 2, count them 1.... 2 , stickers that indicated what the system was capable of. Please go back to school and learn to read.


RE: This is ridiculous
By just4U on 4/27/2008 1:37:58 PM , Rating: 2
What troubles me about all of this is that with the launch of Vista we saw a bunch of testing software to .. Is your system able to run vista? You even have a feature built right into the OS that gives you a indication of what your Vista experience will be like... so sticker or no sticker you should have some idea how well a given machine is going to perform with it.


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