Topic: 'Vista Capable' lawsuit against Microsoft now a class action

[Nemesis]

Link to 1st article

In a blow to Microsoft Corp., a federal judge granted class-action status to a lawsuit late Friday alleging 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."

The slogan was emblazoned on PCs during the 2006 holiday shopping season as part of a campaign by Microsoft to maintain sales of Windows XP computers after the launch of Windows Vista was delayed.

At a hearing two weeks ago, lawyers for Microsoft argued that because each consumer who bought a computer touted as "Windows Vista Capable" had different information at the time of purchase, the lawsuit should not be granted class-action status, while plaintiffs' lawyers said that all individuals who bought "Windows Vista Capable" PCs were united in that "each person in our class did not get what they paid for."

Link to 2nd article

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."

When Microsoft executives themselves complained of getting burned by the "Vista Ready" and "Vista Capable" programs how can they win the lawsuit?

[AlchemistiD]

Link to 1st article

In a blow to Microsoft Corp., a federal judge granted class-action status to a lawsuit late Friday alleging 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."

The slogan was emblazoned on PCs during the 2006 holiday shopping season as part of a campaign by Microsoft to maintain sales of Windows XP computers after the launch of Windows Vista was delayed.

At a hearing two weeks ago, lawyers for Microsoft argued that because each consumer who bought a computer touted as "Windows Vista Capable" had different information at the time of purchase, the lawsuit should not be granted class-action status, while plaintiffs' lawyers said that all individuals who bought "Windows Vista Capable" PCs were united in that "each person in our class did not get what they paid for."

Link to 2nd article

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."

When Microsoft executives themselves complained of getting burned by the "Vista Ready" and "Vista Capable" programs how can they win the lawsuit?

You obviously never read 8-bit Theatre.


Red Mage Says:
"Most plans are critically flawed by their own logic. A failure at any step will ruin everything after it. That's just basic cause and effect. It's easy for a good plan to fall apart. Therefore, a plan that has no attachment to logic cannot be stopped. The success or failure of any given step will have no impact on the macro level."

[Nemesis]

Link to full article

According to today's ruling, Pechman removed the class-action status after finding that the plaintiffs hadn't adequately shown that the Vista Capable program caused widespread, artificial inflation in PC prices. However, she said, that doesn't preclude specific plaintiffs from pursuing claims against Microsoft if they can provide "evidence of individual deception."

It looks like Microsoft has dodged the bullet on this one.