Feeds

Woman sues over Vista to XP 'downgrade' charge

Accused of abusing 'market power'

High performance access to file storage

A woman is suing Microsoft for allegedly charging her extra to downgrade from Windows Vista to XP.

Emma Alvarado bought a laptop pre-loaded with the Vista Business edition of the operating system from Lenovo on 20 June 2008.

However, she didn’t want to keep Vista on the machine so she paid the computer vendor an additional $59.25 in order to downgrade the OS to XP Professional.

According to the Seattle PI Alvarado, who is from Los Angeles, California, is seeking class action status after filing her complaint on 11 February with the federal court in Seattle.

"Consumers have encountered numerous problems using the Vista operating system, and these problems have been widely publicised in various media outlets,” reads the filing, which Seattle Times has a copy of here (pdf).

“As a result, many consumers would prefer to purchase a new computer pre-installed with the Windows XP operating system or at least not pre-installed with the Vista operating system.

“However, Microsoft has used its market power to take advantage of consumer demand for the Windows XP operating system by requiring consumers to purchase computers pre-installed with the Vista operating system and to pay additional sums to 'downgrade' to the Windows XP operating system.”

But Microsoft still hasn’t officially seen the complaint. “We still have not been served with the Alvarado lawsuit, so it would be premature to comment on the complaint or the specific allegations,” a spokesman for the software giant told The Register.

He also reiterated the company's stance on customers wishing to downgrade from Vista to XP.

“Microsoft offers downgrade rights as part of some Windows Vista licenses, including Windows Vista Business purchased through the OEM channel," he said.

“Microsoft does not charge or receive any additional royalty if a customer exercises those rights. Some customers may choose or need to obtain media or installation services from third parties to install the downgrade version."

This new legal spat is the latest Vista headache for Microsoft.

US District Judge Marsha Pechman gave consumers the go-ahead in February 2008 to file a class action lawsuit against Microsoft for providing misleading information about Windows XP computers being able to run Vista.

Plaintiffs in that case allege Microsoft artificially inflated demand in the run-up to Christmas 2006, by falsely advertising that PCs would be capable of running the full version of the firm’s delayed Vista operating system. ®

High performance access to file storage

More from The Register

next story
Android engineer: We DIDN'T copy Apple OR follow Samsung's orders
Veep testifies for Samsung during Apple patent trial
Windows 8.1, which you probably haven't upgraded to yet, ALREADY OBSOLETE
Pre-Update versions of new Windows version will no longer support patches
Microsoft lobs pre-release Windows Phone 8.1 at devs who dare
App makers can load it before anyone else, but if they do they're stuck with it
Batten down the hatches, Ubuntu 14.04 LTS due in TWO DAYS
Admins dab straining server brows in advance of Trusty Tahr's long-term support landing
This time it's 'Personal': new Office 365 sub covers just two devices
Redmond also brings Office into Google's back yard
Half of Twitter's 'active users' are SILENT STALKERS
Nearly 50% have NEVER tweeted a word
Windows XP still has 27 per cent market share on its deathbed
Windows 7 making some gains on XP Death Day
Internet-of-stuff startup dumps NoSQL for ... SQL?
NoSQL taste great at first but lacks proper nutrients, says startup cloud whiz
US taxman blows Win XP deadline, must now spend millions on custom support
Gov't IT likened to 'a Model T with a lot of things on top of it'
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
HP ArcSight ESM solution helps Finansbank
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.