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Consumer without Aero launches attack on Microsoft

A class action lawsuit against Microsoft Corp. has been filed for the company’s Windows Vista Capable logo on new computers. According to Seattle P-I, the suit alleges that it was deceptive to include the logo on machines not capable of running all the features Microsoft was touting as new features of Windows Vista.

To run Windows Vista, PCs require a minimum of 512MB of RAM, an 800MHz or faster processor and a DirectX 9-capable graphics card—but those requirements do not guarantee a computer of running the new operating system will run with all new features. One such feature is “Aero,” an updated graphical user interface that requires both a relatively powerful graphics card and one of the most expensive versions of Windows Vista.

“In sum, Microsoft engaged in bait and switch -- assuring consumers they were purchasing 'Vista Capable' machines when, in fact, they could obtain only a stripped-down operating system lacking the functionality and features that Microsoft advertised as 'Vista,'” read the complaint.

The suit also alleges that Bill Gates played a part in misleading consumers after making a comment that users would be able to upgrade to Windows Vista for less than $100.

“In fact, one can only 'upgrade' to Home Basic for that price, which Mr. Gates and Microsoft know is a product that lacks the features marketed by Microsoft as being Vista,” the suit said, alleging that Gates' statement “furthered Microsoft's unfair and deceptive conduct.”

“Anybody who purchased a PC that had the Windows Vista Capable logo got the core experience of Windows Vista,” said Linda Norman, a Microsoft associate general counsel. “We have different versions, and they do offer different features. ... The Windows (Vista) core experience is a huge advance over Windows XP, we believe, and provides some great features, particularly in the area of security and reliability, and just general ease of use.”



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This article is over a month old, voting and posting comments is disabled

By mark2ft on 4/5/2007 3:30:07 PM , Rating: 2
Actually, your suggestion is the current state of the law in the US, as far as I know. Lawyers usually demand money up front, and EVEN IF the ruling is in the plaintiff's favor, the plaintiff does NOT automatically get compensation for attorney fees. Someone I know tried to get an attorney, but the attorney requested $10,000 in cash, up front. So he just gave up. It all depends on the attorney though--some are nice enough to waive their attorney fees altogether. (Yes, for those who don't believe me, search for the Popov v. Hayashi case in google about the claim over a baseball. Hayashi's lawyer waived his fees.)


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