‘Capable’ case lawyers targeting Windows Update
By John Lister
The next Windows Update could double as a recruiting tool for disgruntled Vista users to join a class action suit. Or at least that’s the suggestion from the lawyers handling the case.
The case, which we reported on yesterday, involves customers who bought computers marked ‘Vista Capable’ but found this tag only applied to the basic home edition of the system. It’s a class action suit, meaning any affected customer can be added to the case and share in any damages or compensation awarded.
The lawyers would like Microsoft to hand over a list of potentially affected customer, but the firm says this is too difficult because there is no way of identifying who bought a computer as a direct result of the ‘Vista Capable’ campaign. The lawyers have now filed an official request to the court demanding Microsoft place print adverts in USA today and place banner ads on the MSN and Yahoo site (which would really smart given the failed Yahoo takeover bid). That would cost an estimated $187,000, with the lawyers asking that Microsoft foots the bill; normally the plaintiffs pay such costs.
Even if money does become an issue, the lawyers have a cheaper suggestion: Microsoft should send out a message with the next monthly Windows Update. They point out this would be a simple task and even cite an IT consultant’s estimate that it would take just one to two man-hours for Microsoft to take care of the technical issues involved.
The lawyers even took the liberty of suggesting a wording for the notice:
Court Ordered Notice Regarding Windows Vista Capable Class Action. If you purchased a computer certified as ‘Windows Vista Capable’ and not also bearing the ‘Premium Ready’ designation, your rights may be affected by a class action lawsuit. Click here for more detailed information.
There’s no way of telling what the courts will make of this, though no doubt Microsoft will argue it’s an unreasonable request and would effectively force them to spam their customers. Either way, between this and the failed attempt to force Microsoft boss Steve Ballmer onto the stand, you’ve got to give the lawyers credit for some cheeky tactics.
Related:
Entry was posted
on Tuesday, October 7th, 2008 at 12:29 pm
under 
Print This Post
Read more entries by John Lister.
