The court case examines whether Microsoft"s Windows Vista Capable and Express Upgrade programs were deceptive. Microsoft has lost the first round in a legal battle over whether its Windows Vista Capable and Express Upgrade programs were deceptive and led consumers to buy PCs that could only run the most basic version of the operating system.
The case was brought against the software giant, based in Redmond, Wash., by lead plaintiff Dianne Kelley of Camano Island, Wash. Kelley bought a new PC in November 2006 that had a sticker labeled "Windows Vista Capable" affixed to it. Windows Vista had not been released at that time, so customers bought machines with Windows XP preloaded and were given a coupon that allowed them to upgrade to Vista when the operating system was released at the end of January 2007.