Posted on 04/03/2007 6:40:17 PM PDT by TechJunkYard
SEATTLE POST-INTELLIGENCER
http://seattlepi.nwsource.com/business/310004_msftsued03.html
Microsoft sued over Windows Vista marketing
Tuesday, April 3, 2007
By TODD BISHOP
P-I REPORTER
A lawsuit alleges that Microsoft Corp. engaged in deceptive practices by letting PC makers promote computers as "Windows Vista Capable" even if they couldn't run the new operating system's "signature" features.
The proposed class action, which Microsoft disputes, was filed on behalf of personal-computer buyer Dianne Kelley of Camano Island. It focuses on efforts by Microsoft and computer makers to avoid a lull in PC sales by assuring consumers that the machines they were buying last year could run the delayed operating system upon its January release.
Machines carrying "Windows Vista Capable" stickers included those that only met the requirements for Windows Vista Home Basic -- which lacks the "Aero" on-screen appearance, Media Center PC interface, Flip 3D window-switching and other features available in advanced Windows Vista versions.
"All the 'wow' stuff that Microsoft is selling and marketing is present in (Windows Vista Home) Premium, but it's not present in Basic," said Michael Rosenberger, one of the lawyers representing Kelley in the case.
Microsoft said Monday that the suit wrongly overlooks its efforts to make clear the differences between the different versions.
The company "conducted a very broad and unprecedented effort" to help PC makers, retailers and consumers "understand the hardware requirements to run the various flavors of the Windows Vista operating system," said Linda Norman, a Microsoft associate general counsel. "We feel as a company we went beyond what we've ever done to try to educate people so that they understood and could make the right purchase decision," she said.
Among other things, Microsoft created the additional designation of Windows Vista "Premium Ready" to indicate that a machine was capable of running the operating system's advanced features, meeting premium hardware requirements including a full gigabyte of system memory.
That "premium" designation was made available for PC makers and retailers to use in places such as computer boxes and in-store marketing materials, said Mike Burk, a Windows product manager. Microsoft also detailed the hardware requirements for the various Windows Vista versions in places including its own Web site.
However, the distinction wasn't made in the general "Windows Vista Capable" stickers.
The suit alleges that it was deceptive to include that logo on machines not capable of running all the features Microsoft was touting as capabilities of Windows Vista in general.
"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,' " the complaint says. As a result, the suit said, people were buying machines that couldn't run "the real Vista."
The suit also alleges that Microsoft Chairman Bill Gates contributed to the company's "deceptive marketing" during a Jan. 29 appearance on the "Today" show, when he said that PC users could 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. The suit alleges that Gates' statement "furthered Microsoft's unfair and deceptive conduct."
Norman disputed the notion that Windows Vista Home Basic isn't a true Vista version.
"Anybody who purchased a PC that had the Windows Vista Capable logo got the core experience of Windows Vista," she said.
"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."
The complaint, filed last week, seeks class certification and unspecified damages.
Soooo.... how long before MS settles?
Did anyone here buy a crippled Vista box (and care to admit it)?
I asked the trainer if we were going to talk about SP1--she laughed out loud!
But we sure didn't have any illusions that:
I really am sick of Microsoft.
Please, this is a non-Lawsuit(and old news try the search function).Yet another day yet another cr@p on MS by people who hate success.
Just another perspective as to why I have not bought Vista and never will — pure BLOATWARE that is just XP with a fancy wrapper. Screw MS — they deserve to choke on Vista — sad that is all that FIVE YEARS could create. Apple is having a good laugh and the MS arrogance is finally coming home.
Anyone who would have done the least bit of research could have found out what "Vista Capable" meant. Just before Vista came out, I was in the market for a laptop for my wife, and it was very clear on the Dell and Circuit City web sites as to the meaning of "Vista Capable".
I bought Vista. I’m back to XP Pro with the auto updates turned OFF.
After I save up some bucks for the software I’ll give Mac a try.
I think if the really did “start choking” it might light a fire under them to do better. They always seem to want to add features instead of making it more reliable.
Please there is ALOT more to Vista than a beefed up XP with a pretty exterior.
Try this website just to see the part of over 1000 new things changed or added to Vista.
http://www.winsupersite.com/vista/
Vista is very reliable in fact it’s the best version of Windows I have ever used, many ACTUAL users are saying the same but you can’t hear them through of the whining and gnashing of teeth from the haters.
Infact I also wanted to point out that if you lose power or for some reason your PC shuts off Vista will start you off exactly where you left off when you reboot, reliable and smart.
If Bill Gates dies, will he rise again on the third day?
I dig the new Mac "Security" ad...
"You are coming to a sad realization, Cancel or Allow...?".
I don’t see where it’s Microsoft’s fault if the computer manufacturer is providing false claims as too their machines being Vista capable.
The thing is they are Vista capable, just not Vista Premium capable so they arent even falsely advertising there pc’s.
I didn't bother to update to XP until they were able to get a good decent working version of it and I can say the same for Win98(se).
When I get a copy of this new Vista it better damn-well be a good bit better than the beta version running on my machine right now.
Never said anything to you, I am speaking to those who whine and complain about an OS they don’t use and don’t plan on using(in the case of Apple fanboys). People who have an obsessive day to day hatred for a company.
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