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Microsoft Sued Over Vista Marketing

daviddennis writes "According to the Seattle Post-Intelligencer, a lawsuit alleges that Microsoft engaged in deceptive practices by letting PC makers promote hardware as 'Windows Vista Capable' even though they knew it could not run most of Vista's widely-promoted features. Microsoft responds by saying that the differences have been promoted with one of the most extensive marketing pushes in company history. '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 ... As a result, the suit said, people were buying machines that couldn't run the real Vista.'"

17 of 556 comments (clear)

  1. 1 GB RAM is the minimum for windows by Anonymous Coward · · Score: 5, Insightful

    1 GB ram is the minimum for a responsive experience with windows .. especially with the required anti-virus running.

    The should start off at 1GB. PC makers lose credibility selling systems with less than that because the experience is going to suck.

    1. Re:1 GB RAM is the minimum for windows by PopeRatzo · · Score: 5, Interesting

      at its core (you know, the new driver model, dx10, etc) its only a little bigger than its predecessor.

      Exactly. The fact that Vista is ANY bigger than its predecessor tells me everything I need to know about it. Do you think Microsoft is serving customer demands when it makes each successive operating system bigger and requiring more resources? Do you think customers are demanding that a computer should slow down just because you upgraded your operating system?

      I've got a brand new PC that's right in the sweet spot for Vista performance. Yet, Windows XP runs faster and better on it than Vista. So how can anyone possibly say that Vista is "better"?

      The entire PC industry is so tied to Microsoft that they don't have to even pretend to make each operating system better than the one before. All they have to do is get the PC makers to sign contracts saying that they'll put Windows on all of their new computers. Then, they sell big organizations on the idea that they need the latest software, which requires the latest OS, which requires a faster computer.

      Net benefit to consumers? Negative. We are the consumables.
      --
      You are welcome on my lawn.
    2. Re:1 GB RAM is the minimum for windows by MBGMorden · · Score: 5, Funny

      So by your definition every single OS that comes out should use less resources than it's predecessor?

      Damn. I guess 640k IS all the RAM anyone should ever need . . .

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    3. Re:1 GB RAM is the minimum for windows by Weh · · Score: 5, Insightful

      look at modern cars; Are engines becoming more efficient? yes they are. Are the constructive aspects of the cars more efficient? yes they are. Are the materials being used becoming lighter? yes they are. But do cars today consume less fuel than 10 or 20 years ago? No they don't... Why? because the average car is much heavier and thus needs a larger engine; people want the car padded with airbags, power everything (including ashtray covers) steel beams for side impact protection, etc. etc. and they still want the car to accelerate like a sports car. Moral of the story, when technology advances it is used for more comfort, not for more efficiency.

    4. Re:1 GB RAM is the minimum for windows by TuringTest · · Score: 5, Informative

      Cars marketed to Europe do consume less fuel, even with all the airbags and electronic controllers. When the major maintenance cost is the power supply, efficiency is a priority. Moral of the story, American car market does not care about fuel consumption - until now they've had an unlimited cheap supply.

      --
      Singularity: a belief in the "God" idea with the "demiurge" relation inverted.
  2. There you go, people ... by operagost · · Score: 5, Insightful

    Vista Home Basic includes the "core experience," which means Microsoft admits that the rest is useless window dressing.

    Hey... which version comes without the DRM feature?

    --

    Gamingmuseum.com: Give your 3D accelerator a rest.
  3. Well, they needed something to market it on... by muntumbomoklik · · Score: 5, Insightful

    The fact is that the vast majority of users don't need a hog like Vista for anything they don't already use XP for, making an incentive to upgrade almost nonexistent aside from having the latest Shiny New Thing(tm). Making Vista seem more attractive would be the only way to get grandma to pay $500 just to be able to send the same emails at the same speed.

  4. Gates is on the hook too by ktappe · · Score: 5, Interesting

    The suit also alleges that Microsoft Chairman Bill Gates contributed to the company's "deceptive marketing" during a Jan. 29 appearance on the "Today" show, when he said that PC users could upgrade to Windows Vista for less than $100. "In fact, one can only 'upgrade' to Home Basic for that price, which Mr. Gates and Microsoft know is a product that lacks the features marketed by Microsoft as being Vista," the suit said.
    It would be interesting to see Bill get deposed on this one. My main question is how long will it take for this to get to court. Class actions are notoriously slow-moving cases. By the time they get there, nobody will care. And any settlement, if history repeats itself, will just be a $50 certificate applicable to the cost of the next version of Windows.
    --
    "We can categorically state we have not released man-eating badgers into the area." - UK military spokesman, July 2007
  5. Re:Looks like a worthless suite to me by RobertM1968 · · Score: 5, Insightful

    Unfortunately, you are correct. There was nothing in their promotions that indicated "Capable" at a certain productivity or usability level. If the machine says "Vista Capable" and it runs any version of Vista - then it's Vista Capable. MS is just taking advantage of consumers' inability to interpret what is stated... just like someone complaining about a store sale that says up to 50% off - "Why is this only 10% off?" - "Because it says UP TO 50%".

  6. Re:So what? by PhxBlue · · Score: 5, Insightful

    ...but the core of an OS is NOT the graphical fluff.

    To most of the people who use computers, there's no difference between the core of an OS and the user interface. It's the software that makes the computer work, and it's not the same software that they thought they'd be able to run when they saw "Vista capable" on the machines.

    That doesn't necessarily mean the suit itself has any merit, but I can definitely see where the customers are coming from.

    --
    !#@%*)anks for hanging up the phone, dear.
  7. Can I join the lawsuit? by peipas · · Score: 5, Funny

    I bought a monitor that has a "Works with Windows Vista" sticker on it but my Packard Bell still isn't cooperating.

  8. Re:Looks like a worthless suite to me by Anivair · · Score: 5, Insightful

    Agreed. Aero is not vista, but MS never really mentioned that in their advertising, did they? As far as the public knew Aero did not exist. it was all just "vista". I actually concur with the article. I think this case has merit. Not just because I want to see MS go down, but also because I'm sick of bait and switch advertising in technology. I also want to see someone sue a video game company for advertising a game showing all cut scenes with no real gameplay. I hate that.

  9. Re:I have to go with Microsoft on this one by gstoddart · · Score: 5, Informative

    Basically, what it seems to be is a consumer thought that "Windows Vista Capable" meant that the computer would be able to do all the pretty things that Microsoft portrayed in ads.

    Well, people assumed that certification meant they could run Vista. It didn't say "Mostly Windows Vista Capable". It didn't say "Windows Vista Capable Without Aero". It simply said it was 'capable' of running Vista, which doesn't imply a subset.

    There were so damned many versions of Vista, people were relying on that sticker to know if the machine was worth running Vista on. Finding out that you can run the crippled version on your new machine you just forked money over for is probably not what consumers were expecting. If professionals in the industry haven't been entirely clear on what macine resources you need, your average consumer doesn't stand a chance of sorting this crap out.

    Or even, for that matter, that even after buying an SUV, you are not suddenly scaling mountains in the wilderness.

    Well, except that in those SUV ads they have little wee fine print at the bottom of the screen which says the vehicle isn't actually being offered as something which scales wilderness mountains, and that you shouldn't try to replicate what you see.

    In the case of Vista, people have been told to expect all of this shinyness, they've been told that their machines are capable of doing it, and then they're discovering that sticker means "well, you can sorta kinda mostly do the stuff we claimed, but all of the good reasons to buy Vista aren't actually implied by that sticker -- that was just a marketing campaign".

    Microsoft used marketing and advertising to make their product look the best, that isn't the same as cheating someone.

    Some of us would argue those two things are one and the same. ;-)

    Cheers
    --
    Lost at C:>. Found at C.
  10. Re:Looks like a worthless suite to me by ClaraBow · · Score: 5, Funny
    If the PC can run Vista (Aero is not Vista), then it can say it's Vista capable. What's wrong with that?

    The problem is that Vista is all about the WOW, so if you don't get the WOW, you don't get Vista. Can you imagine getting home with a brand new machine and turning it on and not seeing the WOW?.

    I'd be mad and mislead!

  11. Re:Looks like a worthless suite to me by Coryoth · · Score: 5, Insightful

    Me too - just because I am running Gnome on my Linux box doesn't mean that because I am lacking XGL and Beryl/Compiz functionality I'm not running Gnome on Linux. Aero != Vista I believe the difference here is that Gnome doesn't have all its advertising show off the cool 3D effects available from Beryl/Compiz. The issue is that Microsoft is playing both sides here: they advertise Vista based on its fancy new UI, and then advertise "Vista Capable machines" that offer none of the features for which they are advertising Vista with. If I advertise my hamburgers as having 1/2 a pound of beef, and also have advertisements saying that my salads come with a free hamburger (not mentioning that the free hamburger is a McDonalds hamburger) then the advertising is being deceptive. Sure, both ads are technically true, but in conjucction they are designed to mislead.

    It is true that the machines are technically Vista Capable in that they can run, and the features MS advertises for Vista are features that Vista has. However, the machines that are Vista Capable are not capable of running what MS is advertising Vista to be. Sure, both ads are technically true, but in conjunction they are designed to mislead.
  12. DX10 by Nom+du+Keyboard · · Score: 5, Interesting

    Consiering that Vista is really based on DirectX 10 graphics, and the only card that pretends to have it (Nvidia G8800) has virtually unusable Vista drivers, can any system claim to be full Vista Ready?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  13. Re:Hell has frozen over.... by Unicorn+Giggles · · Score: 5, Funny
    oh my god, all the linux guys better hurry and get laid then.

    (If I get modded up for insulting linux guys we know it's true)