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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 FITCamaro on 4/25/2008 10:04:17 AM , Rating: 1
Your argument would hold weight if there had not been information released detailing exactly what these labels indicated. The information available on the web and in stores clearly said that Vista Capable machines were only certified to run Vista Basic. And that Vista Ready machines were certified to run all versions of Vista.

If you didn't read the damn information before making a purchase, thats your fault. There is no evidence out there that Microsoft told stores to lie to customers and say that Vista Capable machines were able to run any version.

You can argue that these people are "victims" all you want. They're not. They're idiots who either are unhappy with their purchase now that they don't have what they want or didn't read the damn information to begin with. I used to work at computer department, I can say that people often times didn't even ask what the capabilities of the machine were.

They just walked up, asked what the cheapest thing we had was, and said "Box it up". If you tried to tell them it was a piece of junk, they didn't care. "Oh its just for web browsing" or "Oh its just a throw away anyway." Then they'd be back a few weeks later bitching it broke or didn't work like they wanted because it had no RAM or the integrated video wasn't fast enough to run their kids games.


"People Don't Respect Confidentiality in This Industry" -- Sony Computer Entertainment of America President and CEO Jack Tretton

















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