Vista Capable Suit Downgraded to “Home Basic” from “Class Action Ultimate”
by John Paczkowski
Posted on February 19, 2009 at 1:30 PM PT
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.’”
– Excerpt from the Vista Capable lawsuit
Looks like the three-hour deposition Microsoft CEO Steve Ballmer gave in the so-called “Vista Capable” class action suit was for naught. A judge Wednesday ruled that the lawsuit, which has troubled Microsoft for nearly two years now, cannot go forward as a class action. Instead, plaintiffs who claim Microsoft labeled PCs “Windows Vista Capable” even though the computers were capable of running only the stripped down “Home Basic” version of the OS, must pursue their cases individually. Seems the plaintiffs were unable to convincingly demonstrate that the “Windows Vista Capable” marketing program resulted in increased sales for Microsoft, an argument essential to supporting their class action claim.
A lucky turn of events for Microsoft (MSFT) and one that could potentially save the company millions of dollars in compensatory damages and, by some accounts, up to $8.52 billion-worth of memory and graphics cards if it should lose the case–assuming any of the plaintiffs have the courage to go up against Microsoft on their own.
Comments
This type of advertising is used all the time in the industry! Motherboard manufacturers say you can use 2000MHz DDR3 memory (oops, only one stick at a time), game titles say you can run the game with a $50 video card (oops, only at 10 FPS)….even hard drives say they give you 1TB when all you get is 930GB. Its all about making the biggest claims possible. Certainly we’d all like that to change, and of course Microsoft is the first one to go after – they have the most money, right?
Posted by Jon Bach at February 19th, 2009 at 5:50 pmBottom line is consumers should be suspicious of all certifications and marketing claims, unfortunately. Anyone that was reasonably informed about Windows Vista because purchasing knew what kind of video hardware was needed. If you don’t have this information, talking to an expert before you buy is definitely a good idea.
John,
I love your snarky headline.
,dave
Posted by Dave Barnes at February 19th, 2009 at 6:51 pm