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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 Kenenniah on 4/24/2008 3:22:10 PM , Rating: 2
quote>The average consumer does not read websites or labels about a product.
That might be true, but it's also their own fault. It has nothing do do with a "god" complex or being elitist. How much computer knowledge you have doesn't matter. You don't have to have be knowledgeable on the subject to look at reviews or ask people that know. It's time to stop catering to and feeling bad for people that are too lazy or stupid to learn more about something before making a purchase, regardless of whether it's computers or not. I know next to nothing about cars, so before I purchased my last vehicle I looked at web reviews, consumer reports, and talked to friends. I'm sorry, but people that don't deserve what they get.

Unfortunately you are correct. Flashy signs and lights do persuade the masses, but why should we cater to that? It is NOT a good thing. It's something we seriously need to change. Just look at political ads and voters. It annoys the crap out of me that politicians are elected basically because of "flashy signs and lights" and rarely because of actual policies and values.

As I mentioned in a previous post, should all video cards marketed as Direct X 10 capable be able to play all DX 10 games like Crysis with all features turned on? Should people that invest in the stock market without any research be entitled to a refund when they lose everything?

Maybe it is a little elitest, but I expect people to have some level of intelligence and some ability to take responsibility for themselves. If the masses are mindless drones drawn to pretty lights it's their own fault, and I will not accept that the idea that they don't have a choice. Being conscientous about purchases does not require a degree in quantam physics. It's not about how book smart someone is, but mostly about laziness. They want a quick fix with no work on their own part, they want everything spoonfed and handed to them. Call me crazy, but I think the world would be a better place if we stopped condoning this and started making people responsible for their own choices.


RE: This is ridiculous
By FITCamaro on 4/25/2008 11:17:33 AM , Rating: 2
I'm glad someone else feels that stupidity and laziness need to stop being rewarded.


"Paying an extra $500 for a computer in this environment -- same piece of hardware -- paying $500 more to get a logo on it? I think that's a more challenging proposition for the average person than it used to be." -- Steve Ballmer

















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