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Judge greenlights lawsuit against Microsoft

Daniel Fleshbourne   on 25 February 2008 - 14:17 · 55 comments & 20478 views

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A US judge has given the go-ahead for consumers to file a class action lawsuit against Microsoft for providing misleading information about Windows XP computers being able to run Vista.

Redmond’s “Windows Vista Capable” labels first appeared on computers in April 2006, even though the firm’s latest operating system didn’t get a general release until January last year. According to Associated Press the class action lawsuit, which was certified by US district judge Marsha Pechman last Friday, will specifically look at whether Microsoft’s labels generated artificial demand for computers in the 2006 run-up to Christmas.

View: The full story @ The Reg

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(4 replies) #1 Thrawn on 25 Feb 2008 - 14:22
This lawsuit is such bull****. MS made it clear, and everyone halfway in the know knew, that Vista-capable meant Home Basic capable, or Home Premium w/o Aero, while Premium Ready meant that you would have Aero.

Idiots.
#1.1 +warwagon on 25 Feb 2008 - 14:26
No, Computer geeks know that.

Not the rest of the public. It is misleading.

You really have no Idea how clueless and mis informed the average individual really is.

When it comes to computers the average individual doesn't know there ass from a hole in ground. At lease not when it comes to Vista-capable type things.
#1.2 HawkMan on 25 Feb 2008 - 14:32
(warwagon said @ #1.1)
No, Computer geeks know that.

Not the rest of the public. It is misleading.

You really have no Idea how clueless and mis informed the average individual really is.

When it comes to computers the average individual doesn't know there ass from a hole in ground. At lease not when it comes to Vista-capable type things.


Either way, Vista capale obviusly means the computer is "capable" of runing Vista, it's not brain surgery we're talking about here.Capable means ou are able to run the OS not that you can use all the fancy stuff that requires more powerful computers.
#1.3 MightyJordan on 25 Feb 2008 - 14:35
(Thrawn said @ #1)
This lawsuit is such bull****. MS made it clear, and everyone halfway in the know knew, that Vista-capable meant Home Basic capable, or Home Premium w/o Aero, while Premium Ready meant that you would have Aero.

Idiots.

+1. And it isn't just computer geeks who only know it. Last time I went to PC World, they had a big poster showing what each version was and what Vista-capable and Premium Ready meant.

People are just idiots. All it takes is a simple click onto the Windows Vista site.
#1.4 boho on 25 Feb 2008 - 17:13
If Microsoft did not deliberately set out to deceive, this marketing device certainly fooled people into buying poorly spec’ed PC’s thinking that they could successfully run Vista. It is Microsoft’s fault for over hyping Vista, and then delaying it. Yet another court action against Microsoft, this time not the EU – don’t you see a pattern here? What comes around goes around! The customers still running XP have missed nothing, not running Vista. I hope they get their money back.
(10 replies) #2 jwjw1 on 25 Feb 2008 - 14:31
kinda serves Microsoft right...for having 5 versions of Vista. Some people have real lives outside of a CPU than some around here do, and didn't know that 'Vista Ready' meant you had to research every version.
#2.1 +warwagon on 25 Feb 2008 - 14:33
(jwjw1 said @ #2)
kinda serves Microsoft right...for having 5 versions of Vista. Some people have real lives outside of a CPU than some around here do, and didn't know that 'Vista Ready' meant you had to research every version.


THey should have called it "Vista capable of running like ass"
#2.2 HawkMan on 25 Feb 2008 - 14:34
not what the lawsuit is about, and it's ot really to mcuh, the only version consumers need to worry about is home basic and home premum. hence the inclusion of the name "home" obvius isn't it ? And deciding betwen HB and HP doesn't require a bachelors degree, especialy not with some communication with the guys at the store.
#2.3 HawkMan on 25 Feb 2008 - 14:35
(warwagon said @ #2.1)
(jwjw1 said @ #2)
kinda serves Microsoft right...for having 5 versions of Vista. Some people have real lives outside of a CPU than some around here do, and didn't know that 'Vista Ready' meant you had to research every version.


Exactly if it says Vista Capable doesn't that mean I should be able to run Vista? .....oh wait.... you mean its just basic? ...then why not say "Vista Basic capable"


because it's still capable of runing premium and ultimate and any other version too. it just can't run Aero. but it's CAPABLE of runnign any versio of Vista.
#2.4 +chconline on 25 Feb 2008 - 14:45
We all live outside of a CPU. When's the last time you've physically seen or touched a processor?
#2.5 cork1958 on 25 Feb 2008 - 15:50
You got that right! Especially 5 simply crappy versions of the same crappy OS! Then, with crappy third party testing also. I've said all along MS should be sued for releasing such a piece of crap! Have you caught my drift that I think Vista is a POC?!
#2.6 rm20010 on 25 Feb 2008 - 16:58
(cork1958 said @ #2.5)
You got that right! Especially 5 simply crappy versions of the same crappy OS! Then, with crappy third party testing also. I've said all along MS should be sued for releasing such a piece of crap! Have you caught my drift that I think Vista is a POC?!


We got your drift a thousand freaking posts ago. Time to talk about something else, yes?
#2.7 Citrusleak on 25 Feb 2008 - 18:40
(cork1958 said @ #2.5)
You got that right! Especially 5 simply crappy versions of the same crappy OS! Then, with crappy third party testing also. I've said all along MS should be sued for releasing such a piece of crap! Have you caught my drift that I think Vista is a POC?!


The consumers are the ones buying it. Microsoft isn't forcing people to buy vista, so why the heck would they get sued? If I release a really crappy product (I actually think vista is a great product, but whatever), but I'm not forcing consumers to buy it, then why would I get sued? Sometimes you really make no sense, man.
#2.8 mel00 on 25 Feb 2008 - 19:03
(Citrusleak said @ #2.7)
(cork1958 said @ #2.5)
You got that right! Especially 5 simply crappy versions of the same crappy OS! Then, with crappy third party testing also. I've said all along MS should be sued for releasing such a piece of crap! Have you caught my drift that I think Vista is a POC?!


The consumers are the ones buying it. Microsoft isn't forcing people to buy vista, so why the heck would they get sued? If I release a really crappy product (I actually think vista is a great product, but whatever), but I'm not forcing consumers to buy it, then why would I get sued? Sometimes you really make no sense, man.




Microsoft is not forcing people to switch Windows Vista directly and pointing a gun at you, sure hell they trying very hard with Marketing and cutting off certain support from Windows XP and removing it from the retail stores(june 200 or I owe apology to Microsoft.
I don't understand they have win and win situation they make money off Windows XP and Windows Vista so why not keep both and let people have choice.. bah, whatever..
#2.9 Esvandiary on 26 Feb 2008 - 00:35
(chconline said @ #2.4)
We all live outside of a CPU. When's the last time you've physically seen or touched a processor?

Hey! I find my L2 cache to be quite a comfortable cushion, you insensitive clod!
#2.10 rm20010 on 26 Feb 2008 - 03:13
(Citrusleak said @ #2.7)
Sometimes you really make no sense, man.


When it comes to anything remotely Vista related, definitely. Jesus.
(1 reply) #3 roadwarrior on 25 Feb 2008 - 14:43
One thing that contributed to a lot of the confusion was that when systems first started shipping with labels saying they were "Vista capable", Intel was planning on writing an Aero-capable video driver for the GMA 900, which they then ended up not doing. Many, many systems out there were shipped with that video chip, with customers being told that it was going to be Aero-capable, only to be left out in the cold when Vista shipped. This lawsuit should have named Intel along with Microsoft for their failure to deliver what they promised.
#3.1 buletov on 25 Feb 2008 - 16:09
This is really dirty from Intel, not writing the Aero compatible driver for GMA900 (this card is powerfull enough to run it, it can run Compiz Fusion perfectly with all the effects enabled), but rest assured that this is not the first dirty move from Intel to their customers; back in the '04 when the SP2 for XP was released, they refused to update several of their WiFi card drivers to be compatible with the changes SP2 introduced, leaving their own users behind and forcing them to buy new hardware in a such dirty way (if they wanted to have the security SP2 provided and use programs which required it). Shame on you Intel.
(2 replies) #4 EduardValencia on 25 Feb 2008 - 14:43
Agree with this lawsuit,MS never specified,if the "Windows Capable" logo was able to run Windows Vista Basic perfectly,asssuming there are cases where the system crawls with poor performance,neither what version was able to run,for example my system brought the "Windows vista capable" logo,and woalaaaa it runs Windows Vista Ultimate Perfectly.

MS deserves some spankin with this.
#4.1 vetmarkjensen on 25 Feb 2008 - 15:12
Well, the judge isn't saying that Microsoft deserves to lose.

Just that there is enough evidence that the "capable/ready" wasn't clear, and that there may have been enough problems with this for consumers that a trial can proceed to go over the evidence.
#4.2 EduardValencia on 25 Feb 2008 - 18:36
It´s not that MS deserves to loose,it´s the right thing for them to accept their mistake,and well,have a proper justice procedure in the U.S Law,and hopefully that they leartn from this in the future
#5 +warwagon on 25 Feb 2008 - 14:43
They did the same damn thing with XP came out. I found an old copy of "computer shopper' and back in 02 when XP was new they shipped these $800 machines with 128 of ram. Can't the companies spend just $30 and put some decent ram. Now I know machines now days that cost the same have more ram. But I don't think they should sell a vista machine with 512. I new someone who got an Acer computer at walmart with home basic that had 512 memory. He asked me, he said "Is the computer spose to be this slow? Add to the fact that all these companies install all this crap on the computer that basically hoses what little ram they gave you.
(4 replies) #6 Foub on 25 Feb 2008 - 15:12
Everything about Vista is a major screwup it seems.
#6.1 X'tyfe on 25 Feb 2008 - 15:41
(Foub said @ #6)
Everything about Vista is a major screwup it seems.


i was going to say the same
its hard for people to deny

stop defending microsoft, they need to get it hard and rough up the ass
and then MAYBE they will learn from it for next time
#6.2 eth3l on 25 Feb 2008 - 16:27
(X'tyfe said @ #6.1)
(Foub said @ #6)
Everything about Vista is a major screwup it seems.


i was going to say the same
its hard for people to deny

stop defending microsoft, they need to get it hard and rough up the ass
and then MAYBE they will learn from it for next time


What are you talking about - was the results of the anti-trust suit not enough for you? Be prepared, your favorite Google company is next.
#6.3 morphen on 26 Feb 2008 - 08:46
(X'tyfe said @ #6.1)
(Foub said @ #6)
Everything about Vista is a major screwup it seems.


i was going to say the same
its hard for people to deny

stop defending microsoft, they need to get it hard and rough up the ass
and then MAYBE they will learn from it for next time


i think it's easy to denie. The reason vista is being bashed is third party junk, and with third party junk i mean
computer manufacturers delivering crappy computers, companies that write ****ty drivers and people who think their 4 year old computer will be able to run a state of the art OS smooth (please don't give me linux is state of the art, and my TEN year old runs it smooth, theres no reason to argue on that right now).

I love vista, for my everyday use, and even more so with SP1, the os is more responsive and i find it to be faster.. I still dual boot vista/xp, since i love some old games that won't run in vista. But i don't blame Microsoft for that.

This is like the guy suing Microsoft for giving him a couple of weeks of having to use imagination, when that Xbox live went down during x-mas :p People are stupid.

I say sue computer manufactures, for misusing the vista capable label.
#6.4 C_Guy on 03 Mar 2008 - 15:52
"stop defending microsoft, they need to get it hard and rough up the ass"

Someone sure is sexually frustrated...but this is a technology forum. Take your frustrations out somewhere else and let the adults discuss the topics at hand, ok?
#7 morphen on 25 Feb 2008 - 15:12
This lawsuit is bull****, Microsoft set the specifications for the "vista capable" program, the computer companies misused the labels to sell more computers. I know this for a fact, because Packard Bell/NEC put these labels on computers with only 256mb ram, whilst Microsoft set the lower limit to 512mb.

And capable does not mean "it will run it smooth as silk". The brochures that retailers were supposed to deliver out with the computers labeled "Vista capable", stated this (not in those exact words tho).

They should sue those who misused the label.
#8 ana04 on 25 Feb 2008 - 15:33
I'm happy with Vista but hopefully all this mess with around it forces them to learn their lessons before they ship Windows 7 or what it's going to be..
#9 P1R4T3 on 25 Feb 2008 - 16:09
Im still confused with this vista capable and premium stuff lol.
#10 JamesWeb on 25 Feb 2008 - 16:22
#11 +warwagon on 25 Feb 2008 - 16:23
I like Windows Vista, been running it for 2 months. If your computer has enough ram (its cheap) it runs great. The operating system has been rock solid. I just think their marketing is crappy, not the OS.
#12 brandnewfantx on 25 Feb 2008 - 16:24
Oh this is just crap. I hope this gets over turned at district court level.
(3 replies) #13 eth3l on 25 Feb 2008 - 16:26
class actions lawsuits are all bull****. Ford spends more money on defending class action lawsuits than they do R&D to make better products or more fuel efficient products. J6P needs to realize that suits like this drive manufacturers to raise costs, lower R&D expenses and generally **** the consumer.

Hey, Dell built me a ****ty machine they said was vista capable ... let's sue MS!!!!!
#13.1 +warwagon on 25 Feb 2008 - 16:35
There should not be 5 different versions of 1 operating system. Its retarted
#13.2 4tehlulz on 25 Feb 2008 - 18:14
#13.3 HawkMan on 25 Feb 2008 - 21:14
(warwagon said @ #13.1)
There should not be 5 different versions of 1 operating system. Its retarted


why ?

why shold a home basic user pay for th developementof media cener and Aero wich he doesnt use ? why should a home user pay for the developement of the unix application launcher thing in enterprise version ?

Again for HOME users there are TWO versions too choose form, NOT 5, and choosing between home basic andhome premium doesn't require a degree in computer systems. having multiple SKU's aimed at different markets and customers makes perfect sense. Pay for what you need.
(1 reply) #14 A Clockwork Lime on 25 Feb 2008 - 16:48
The only people who benefit from class action lawsuits are the lawyers. The damn things need to be obliterated from the justice system.
#14.1 Optix Illusion on 25 Feb 2008 - 17:11
(A Clockwork Lime said @ #14)
The only people who benefit from class action lawsuits are the lawyers. The damn things need to be obliterated from the justice system.



Agreed. If any law can be created, extreme profiting from the law should be highly illegal.
#15 TC17 on 25 Feb 2008 - 17:48
Any lawsuit is a joke because you will never ever receive anything. I've signed up for several "lawsuits" against Microsoft and have never once received anything. The only one who benefits from it is the lawyers.

EDIT: I didn't even read the other posts here and see I'm not the only one who said this
(1 reply) #16 Doli on 25 Feb 2008 - 18:21
Did anyone look up what "Windows Vista Capable” ment on Microsoft's website?
#16.1 C_Guy on 03 Mar 2008 - 15:51
Don't be silly... that would make the lawsuit ground-less and pointless.
#17 Jack 0Neill on 25 Feb 2008 - 18:32
Why is it that some old man/woman is allowed to make a decision for something they most likely never use or barely know how to use?
#18 OblivionStalker on 25 Feb 2008 - 18:33
+1 Support for Microsoft on this one. They said it clearly. If people are lazy to read things, it is not their fault.
(1 reply) #19 spacer on 25 Feb 2008 - 19:05
This all could have been avoided if Microsoft would just release 1 version of their OS instead of 46,000 different ones.
#19.1 HawkMan on 25 Feb 2008 - 21:16
No it wouldn't, the lawsuite again does nto have anything to do about themultiple SKU's.

a Vista capable coputer can run ay Vista version, but it can't use certain features. Hence it's capable of running the OS, but not capable of using ALL the fancy features.

and again, there's nthign wrong with multiple SKU's
#20 J400uk on 25 Feb 2008 - 20:08
Its fair and yes it could have been avioded if they had done sensible thing and realeased just 1 version. They had no right to sell you a rubbishly little laptop with poor specs like a 1,5 celeron 512 ram and 40gb hdd with some random VIA graphics and claim it is "vista capable", just imagine how slow it would run and none of the feutures they advertise such as aero, media center and movie maker would even open up on that thing.
#21 tiagosilva29 on 25 Feb 2008 - 20:16
In after poor/bad Microsoft, etc... just to quote a guy from OSNews:

The premise of the case is that MS used "Vista Capable" as a marketing ploy to ensure that people were comfortable purchasing XP-loaded machines during a peak holiday season, under the belief they would be easily upgradable to Vista.

Not only that, but during discovery, once again MS emails came into play. The emails are sealed and not publically accessible, but a reporter at the hearing made a note of them anyways.

During his opening presentation, plaintiffs' lawyer Jeffrey Tilden of Gordon Tilden Thomas & Cordell quoted from numerous internal e-mails that appeared to show that employees within Microsoft had misgivings about the "Windows Vista Capable" campaign. The documents are under seal pending a ruling by Pechman.

"Even a piece of junk will qualify" for the "Windows Vista Capable" designation, wrote one employee in an e-mail that Tilden read out loud.

Another employee, Mike Nash, currently a corporate vice president for Windows product management, wrote in an e-mail, "I PERSONALLY got burnt. ... Are we seeing this from a lot of customers? ... I now have a $2,100 e-mail machine."

Jim Allchin, then the co-president of Microsoft's Platforms and Services Division, wrote in another e-mail, "We really botched this. ... You guys have to do a better job with our customers."

Another e-mail chain presented in court showed that Wal-Mart was concerned about the impact the campaign could have, and Tilden hinted that other retailers had similar concerns.


(Source: http://seattlepi.nwsource.com/business/350...ftvista09.html)

I don't normally like to jump on the lets-bash-Microsoft bandwagon, but I think there's certainly a reasonable argument to be made that Microsoft intentionally led a deceptive marketing campaign. When Jim Allchin, the guy who headed the Windows division, said "WTF?" to the marketing guys in reply to this campaign, that's a bit of a smoking gun.

Ultimately, it's up to the courts to decide. Does MS deserve to be sued for this? I actually think they deserve to be sued for this more so than some of the other things they get sued for, but we'll see.

This lawsuit basically underscores the giant clusterfsck that Vista's branding became. While I don't think Vista is as bad as many make it out to be, I do suspect that it may become a textbook case for future generations of business/marketing students on how to avoid confusing the hell out of your customer base with nonsensical branding. What was wrong with Home/Professional?
(2 replies) #22 +Octol on 25 Feb 2008 - 20:17
To the best of my knowledge, Microsoft doesn't make or sell any computers. If a computer in a retail outlet states that it is "Vista Capable", how exactly is that Microsoft's fault?

If you're going to sue Microsoft over this concept, then Microsoft must have:

A) Intentionally mislead OEMs as to the meaning of "Vista Capable" -- thereby causing said OEMs to mislabel their computers, and/or;

B) Intentionally misled consumers into believing that any PC running Windows XP could run Vista, even if it could not.

Frankly, I find either scenario pretty hard to swallow.
#22.1 A Clockwork Lime on 25 Feb 2008 - 20:32
(Octol said @ #22)
A) Intentionally mislead OEMs as to the meaning of "Vista Capable" -- thereby causing said OEMs to mislabel their computers, and/or

Microsoft told them the minimal specs needed for their operating system, and that the "Vista Capable" tag could and should be placed on such machines. It's not the OEMs' fault for Microsoft giving them such bull**** specs anymore than it's the customer's for believing it.

It also says "Vista Capable" not "The ****ty Lowest-Set Version of Vista Microsoft Put Out With No Extra Features Or Capability Of Running Most Applications Capable." That's like saying a bicycle is "Highway Capable" despite it being against the law to ride one on most highways or the minimum speed requirements thereof... even if you are, technically, capable of riding one on the highway regardless.
#22.2 +Octol on 26 Feb 2008 - 12:49
(A Clockwork Lime said @ #22.1)
It also says "Vista Capable" not "The ****ty Lowest-Set Version of Vista Microsoft Put Out With No Extra Features Or Capability Of Running Most Applications Capable." That's like saying a bicycle is "Highway Capable" despite it being against the law to ride one on most highways or the minimum speed requirements thereof... even if you are, technically, capable of riding one on the highway regardless.

Well then, I guess in this case Microsoft deserves to get sued, and the plaintiffs deserve to win.

A big lie based on a small technical truth is still a lie.
#23 sweetsam on 25 Feb 2008 - 20:21
Such lawsuits can happen only in the US where people have washed responsibility off their hands. Does this mean that all other ads are telling the truth ? Ofcourse not. So are we going to sue everybody ? uh no. So why is Microsoft being penalized ? Vista capable PC's run vista home basic just fine. Microsoft never said runs vista with all the bells and whistles turned on. These days all information you need is available on the internet. Whats more funny ? The people suing did not take part in the program either

The two people who originally filed the lawsuit didn’t take advantage of a program devised by Microsoft to advise customers on compatibility pre-launch


And this being the US I will not be surprised if a judge ordered Microsoft to pay a million bucks. I am not anti US or anything like that. If anything I am proud to be here. But these ridiculous lawsuits need to stop.
(1 reply) #24 A Clockwork Lime on 25 Feb 2008 - 21:26
If you read one of the replies earlier in this thread, you'd see that internal emails from Microsoft itself had their own employees getting burned by the program as well as numerous employees complaining about how it's a rip-off and deceptive. That's why it's Microsoft's fault, and why they are, in fact, at fault.

That said, class action lawsuits are still a ****ing joke and they need to be completely removed from the judicial system. The only people who benefit are the lawyers involved.
#24.1 boho on 26 Feb 2008 - 09:47
Top people at Microsoft did not understand the difference when explaining "Vista capable" and "Vista ready"

As for class actions, Microsoft (due to pressure from PC manufacturers) helped to deceive many, many people. For years companies used the "divide and conquer" tactic when being sued buy customers (example tobacco companies), class action lawsuits are an effective counter measure. If Microsoft make (huge) profits from their modus operandi, then they have to accept "pay back" when they are found to be dishonest or deceiving. I am a Microsoft stock holder, so have the right to criticize a company I part own!
#25 toadeater on 26 Feb 2008 - 00:29
Ha ha Vista, again.

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