Feeds

PC buyers: 'Vista Capable' machines weren't Vista capable

Judge calls for trial

Secure remote control for conventional and virtual desktops

How misleading was Microsoft's "Windows Vista Capable" campaign? Misleading enough for a judge to approve a federal trial.

On Tuesday, a federal judge ruled that two PC buyers, Dianne Kelley and Kenneth Hansen, can proceed with a lawsuit that accuses Microsoft of deliberately deceiving the public with the "Window Vista Capable" stickers it slapped on Windows XP machines in the run-up to Vista's January debut, InformationWeek reports. Microsoft had asked for a dismissal, but US District Judge Marsha Pechman of Seattle is happy to oversee an October trial.

With their class action suit, filed in March, Kelley and Hansen claim that Microsoft used "bait and switch" tactics to move XP systems as the world waited for the long-delayed Windows Vista. They argue that Microsoft's stickers reassured buyers "that they were purchasing Vista-capable machines when, in fact, they could obtain only a stripped down operating system." Some "Vista Capable" machines, they say, were only capable of running versions of the OS that lack things like Microsoft's new Aero interface and a spruced-up Windows Media Center.

Indeed, Microsoft offers a neutered version of Vista, known as Home Basic, that requires nothing more than an 800-MHz processor, 512MB of memory, a 20GB hard drive, and support for Super VGA graphics. And though the company recommends a 1GHz processor, 1GB of memory, a 40GB hard drive, and DirectX 9 support for "premium" versions of the operating system, these editions will still run on less powerful machines - with certain OS features disabled.

Microsoft has argued that its "Vista Capable" marketing campaign also included a "Vista Premium Ready" component that explained the differences between various versions of the OS, but Judge Pechman believes there's reason enough to let the suit go ahead.

Ray Persons, a partner with the international law firm King & Spalding who specializes in class actions, is amazed that Pechman approved a trial - let alone that she approved it so quickly. "It's awfully unusual for a court to certify a class action where the allegation is a bait and switch," he told The Reg. "In order to prove fraud, you've got to look at whether the individual reasonably relied on the defendant's alleged misrepresentations, and that kind of individual-by-individual determination really defeats the efficiencies of a class action."

Of course, it isn't likely that the trial will actually happen. "In most instances, civil cases - including class actions - get settled," Persons said. "Seldom, if ever, is a class action tried."

PC buyers who believe they've been duped by Microsoft can expect low-value coupons towards the purchase of machines that run premium versions of Windows Vista. These might fetch a few dollars on eBay. ®

Providing a secure and efficient Helpdesk

More from The Register

next story
TEEN RAMPAGE: Kids in iPhone 6 'Will it bend' YouTube 'prank'
iPhones bent in Norwich? As if the place wasn't weird enough
George Clooney, WikiLeaks' lawyer wife hand out burner phones to wedding guests
Day 4: 'News'-papers STILL rammed with Clooney nuptials
iPAD-FONDLING fanboi sparks SECURITY ALERT at Sydney airport
Breaches screening rules cos Apple SCREEN ROOLZ, ok?
Crouching tiger, FAST ASLEEP dragon: Smugglers can't shift iPhone 6s
China's grey market reports 'sluggish' sales of Apple mobe
A moment of brilliance? UPnP for Internet of Stuff lightbulbs
Thus doth tech of future illuminate present, etc
Apple's new iPhone 6 vulnerable to last year's TouchID fingerprint hack
But unsophisticated thieves need not attempt this trick
How the FLAC do I tell MP3s from lossless audio?
Can you hear the difference? Can anyone?
prev story

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.
The next step in data security
With recent increased privacy concerns and computers becoming more powerful, the chance of hackers being able to crack smaller-sized RSA keys increases.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.