Judge allows "Vista capable" class action lawsuit

weeniewawa

it's a man, baby!!!
May 21, 2005
593
#1
I guess Ant can jump on this, poor M$ :haha7:

http://seattlepi.nwsource.com/business/352442_vista23.html
'Vista Capable' lawsuit against Microsoft now a class action
By JOSEPH TARTAKOFF AND TODD BISHOP
P-I REPORTERS

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."

In her ruling, Judge Marsha Pechman granted class-action status, stating that "common issues predominate."

"These common issues ... are whether Vista Home Basic, in truth, can fairly be called 'Vista' and whether Microsoft's 'Windows Vista Capable' marketing campaign inflated demand market-wide for 'Windows Vista Capable' PCs," she wrote.

At the same time, though, Pechman narrowed the basis on which plaintiffs could move forward with their claims.

For instance, she said 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."

However, she said it was appropriate for plaintiffs to argue as a class that Microsoft had artificially inflated demand -- and prices -- for computers only capable of running Vista Home Basic by marketing them as "Windows Vista Capable."

Pechman also said that the two consumers currently named as plaintiffs in the case could not also represent buyers who participated in a related Microsoft program called "Express Upgrade," which gave consumers the right to free or low-priced upgrades to Windows Vista after it came out. She said "injury" to those consumers was "correlated to the amount spent on the cost of the upgrade program, not the allegedly inflated price of the 'Windows Vista Capable' PCs."

But she said that plaintiffs could amend their complaint to include a named plaintiff who participated in that program.

Microsoft spokesman Jack Evans said in a statement, "We are currently reviewing the court's ruling. We believe the facts will show that Microsoft offered different versions of Windows Vista, including Windows Vista Home Basic, to meet the varied needs of our customers purchasing computers at different price points."

Jeff Thomas, an attorney at Gordon Tilden Thomas & Cordell, which is representing the plaintiffs, said his law firm would now go ahead and gather documents and depositions.

"Up until now, all of the discovery was up to the class motion. Now that the class has been certified, we'll have to get into more of the depositions and documents regarding the case itself," he said.

During the hearing two weeks ago, Jeffrey Tilden, another plaintiff attorney, quoted extensively from internal Microsoft e-mails that appeared to show that employees within Microsoft had misgivings about the "Windows Vista Capable" campaign.
 

Ballbuster1

In The Danger Zone...
Wackbag Staff
Aug 26, 2002
919
#2
Class action suits suck ass. Nobody really sees decent money except lawyers.
 

THE FEZ MAN

as a matter of fact i dont have 5$
Aug 23, 2002
848
#4
yea its a waste of time, every one that bought one of those computers will get a gift certificate for 50$ towards the purchase of a new computer, at most
 

Ballbuster1

In The Danger Zone...
Wackbag Staff
Aug 26, 2002
919
#5
yea its a waste of time, every one that bought one of those computers will get a gift certificate for 50$ towards the purchase of a new computer, at most
Yeah. I don't get that shit. You got fucked by a company and all you get is
money to do more business with them. I got that from Verizon wireless. Only
way I could claim my money was to agree to 2 more years of service with them.

Fuck, I was trying to cancel my service at the time because I didn't like them.
Why the fuck would I agree to 2 more years of their shit for a lousy 30 bucks?
 

Sinn Fein

Infidel and White Interloper
Wackbag Staff
Aug 29, 2002
898
#6
Exactly. Class action suits gets nothing for Joe Citizen. If it's really a big enough deal, the company involved is gonna have to do something on their own before it gets to class-action status. An example, was the Ford/Firestone tire fiasco.
 

Radioguy

Having it my way since '98
Aug 25, 2002
853
#7
Yeah, that happened with EPSON. The money in the end wasn't worth it, and fuck the "on-site" credit they offered.

I know it won't happen, but I hope otherwise here.

There was some outrage at MS when the early builds of Vista ran Aero on the Intel 900 series chipsets, and then they dropped it. Supposedly they said Intel could release the driver, but they didn't. (Not surprising) Intel then blamed MS back.

There's still a lot of Intel 900 series machines out there which sold with an implied Vista compatibility, not a Vista "Basic" one. This suit sounds like it's for them...I mean us. :(
 

Party Rooster

Unleash The Beast
Apr 27, 2005
438
#8
Class action suits suck ass. Nobody really sees decent money except lawyers.
True, I've been a party to some of these, but it's never worth the while. But at least some of these big corporations have to take it up the ass a little. I know it's nothing for Microsoft, but some of these lesser companies really take a hit.
 

Warfarer

I can't think of anything funny.
Jun 20, 2005
523
#9
Yeah. I don't get that shit. You got fucked by a company and all you get is
money to do more business with them. I got that from Verizon wireless. Only
way I could claim my money was to agree to 2 more years of service with them.

Fuck, I was trying to cancel my service at the time because I didn't like them.
Why the fuck would I agree to 2 more years of their shit for a lousy 30 bucks?
I have never been part of a class action suit even though I have owned several of the products that were brought up. I had the Firestone death tires and they were the best tires I have ever owned. In the end, I got a free set of Bridgestone tires after putting 60k+ miles on my death tires.

Verizon has fucked me several times now. It has been almost 3 years since signing a contract with them, yet my contract has been extended three times since. They sent one of my business phones on my number and extended it and they extended my contract after I paid full price for a phone back in a October. I hate Verizon and if there was another company with even a remotely similar coverage area for me, I would switch today.

I hope Microsoft gets fucked on this one and I hope that a class action comes up on the 360 to make them send out a new one to every one who had one shit out on them.
 

Don the Radio Guy

G-Bb-A-D
Donator
Mar 30, 2006
568
#10
I'm not sure they have a leg to stand on since Vista home is technically Vista. It may not have the features, but god knows it's just as much of a resource hog.
 

gleet

What's black and white and red all over?
Jul 24, 2005
608
#11
20 years ago I lived in a trailer park for 6 months. The landlord did something with the natural gas bills, years later the DA sent me a letter, yada yada I got a check for $300.
 

Ballbuster1

In The Danger Zone...
Wackbag Staff
Aug 26, 2002
919
#12
Warfarer said:
Verizon has fucked me several times now. It has been almost 3 years since signing a contract with them, yet my contract has been extended three times since. They sent one of my business phones on my number and extended it and they extended my contract after I paid full price for a phone back in a October. I hate Verizon and if there was another company with even a remotely similar coverage area for me, I would switch today.
I liked the actual phone service I got from them but they just sucked ass to
do anything with. Customer service sucked and everytime I wanted to do or
change anything they slapped extra time on my contract, even when the
salesperson said they weren't going to. I went to T-Mobile. The actual
coverage isn't quite as good as Verizon so I can see why people that need
phones for business have to stay with Verizon. I can live without them.
 

Warfarer

I can't think of anything funny.
Jun 20, 2005
523
#13
I liked the actual phone service I got from them but they just sucked ass to
do anything with. Customer service sucked and everytime I wanted to do or
change anything they slapped extra time on my contract, even when the
salesperson said they weren't going to. I went to T-Mobile. The actual
coverage isn't quite as good as Verizon so I can see why people that need
phones for business have to stay with Verizon. I can live without them.
If I end up in Atlanta and working in the city I am getting anyone else, but right now I work on the road constantly so I really need the coverage. I am a project manager for a construction company so I travel into the sticks a ton and no one else can come near Verizon for coverage.
 

weeniewawa

it's a man, baby!!!
May 21, 2005
593
#14
20 years ago I lived in a trailer park for 6 months. The landlord did something with the natural gas bills, years later the DA sent me a letter, yada yada I got a check for $300.
wow, that really sucks. I mean the living in a trailer park part.

I owned a mobile home my self, hated every minute of living in that park
 

seeinred

White Death
Apr 29, 2007
196
#15
I'm not sure they have a leg to stand on since Vista home is technically Vista. It may not have the features, but god knows it's just as much of a resource hog.
Seriously... what the fuck? The computers said Vista ready and they ran a fucking version of Vista. I wish I was a judge. And I wish judges could cockslap retards like these people.
 

Warfarer

I can't think of anything funny.
Jun 20, 2005
523
#16
My main issue isn't that it runs Basic Home, that part I think is bullshit. Basic home is a version of Vista and that should be good enough. The part I think the lawsuit should revolve around is the fact that a lot of computers had to have firmware updates which 95% of the population, if not more, don't know how to do.