"Vista Capable" Class Action Lawsuit

Discussion in 'Vista News' started by Jason, Feb 24, 2008.

  1. Jason

    Jason

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    Personally I think MS may have a shot at defending this because of the way they worded what "Vista Capable" really means. They say it will be able to "run it at a minimum", they don't guarantee any performance level.



    The Suit Reached Class Action Level



    An anonymous reader notes an update in the Seattle Post-Intelligencer reporting that the lawsuit against Microsoft's "Windows Vista Capable" marketing campaign has been granted class-action status. We discussed the company's internal misgivings with this campaign a while back. The suit alleges that "...Microsoft unjustly enriched itself by promoting PCs as 'Windows Vista Capable' even when they could only run a bare-bones version of the operating system, called 'Vista Home Basic.'" In the 2006 pre-holiday season, Microsoft had placed "Windows Vista Capable" stickers on machines to keep the sale of Windows XP machines going after Vista was delayed. Microsoft didn't lose out totally in the recent ruling — the article notes that the judge "narrowed the basis on which plaintiffs could move forward with their claims."



    More Info about the lawsuit



    U.S. District Judge Marsha Pechman ruled that the consumers may go ahead with a class action lawsuit against the software company Microsoft over “Vista Capable” advertising program, the Associated Press informs.



    Introduced in 2006, Vista Capable program was initiated by Microsoft and its hardware partners in order to help the customers to make informed decision when buying a new PC and to maintain the sales of Windows XP systems during the 2006 holiday season. Windows Vista for consumers was launched in January 2007.



    However, the lawsuit claims that the labeling system was “misleading” because many of those computers were not powerful enough to run all of Vista's features and they could run only the Home Basic version of Windows Vista.



    According to SeattlePi.com, Pechman narrowed the basis on which plaintiffs could move forward with their claims. She ruled that the plaintiffs could not pursue a class-action lawsuit on the basis that consumers had been deceived because "an individualized analysis is necessary to determine what role Microsoft's 'Windows Vista Capable' marketing program played in each class members' purchasing decision."



    According to Microsoft’s Get Ready website, a PC carrying a Vista Capable sticker is “a new PC running Windows XP that carries the Windows Vista Capable PC logo can run Windows Vista. All editions of Windows Vista will deliver core experiences such as innovations in organizing and finding information, security, and reliability. All Windows Vista Capable PCs will run these core experiences at a minimum. Some features available in the premium editions of Windows Vista—like the new Windows Aero user experience—may require advanced or additional hardware.”



    In order to qualify as a Vista Capable PC, a PC should include at least: a modern processor (at least 800MHz), 512 MB of system memory, and a graphics processor that is DirectX 9 capable.



    As a part of the same program, Microsoft also introduced Windows Vista Premium Ready PCs stickers.



    According to Microsoft, a Premium Ready PC is capable of running the Windows Aero user experience. It should include 1 GHz 32-bit (x86) or 64-bit (x64) processor, 1 GB of system memory, support for DirectX 9 graphics with a WDDM driver, 128 MB of graphics memory (minimum), Pixel Shader 2.0 and 32 bits per pixel, 40 GB of hard drive capacity with 15 GB free space, DVD-ROM Drive, audio output capability and Internet access capability.



    A Microsoft spokesperson said in statement quoted SeattlePi.com that the company is currently reviewing the ruling.



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    Jason, Feb 24, 2008
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