‘Windows Vista capable’ lawsuit gets trial date
By Ruben Francia
A lawsuit filed against Microsoft for the alleged deceptive marketing practices by letting PC makers promotes computers as “Windows Vista Capable†despite the machines were not capable of running the “signature†features of Windows Vista will go to trial Oct. 28, 2008, a federal judge in Seattle decided last week.
The trail schedule was released even if there is still a pending motion from Microsoft to dismiss the case. If the motion to dismiss the case is denied, the ruling on class-action status will be established next.
The lawsuit alleges that Microsoft was able to increase the sales of Vista by placing Windows Vista Capable stickers on the soon-to-be-obsolete machine that are only capable of running the bare-bones Windows Vista Home Basic version, which lack support for the Aero Glass, Flip3D and other features.
“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, a lawyer connected to the case.
The complaint further states: “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’â€. As a result, the suit said, people were buying machines that couldn’t run “the real Vista.”
Microsoft, in its response, argues that the company does not mislead or deceived the market.
“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,†Linda Norman, a Microsoft associate general counsel responded in a statement.
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,” Norman added.
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