Slashdot Mirror


"Vista Capable" Lawsuit Is Now a Class Action

An anonymous reader notes an update in the Seattle Post-Intelligencer reporting that the lawsuit against Microsoft's "Windows Vista Capable" marketing campaign has been granted class-action status. We discussed the company's internal misgivings with this campaign a while back. The suit alleges that "...Microsoft unjustly enriched itself by promoting PCs as 'Windows Vista Capable' even when they could only run a bare-bones version of the operating system, called 'Vista Home Basic.'" In the 2006 pre-holiday season, Microsoft had placed "Windows Vista Capable" stickers on machines to keep the sale of Windows XP machines going after Vista was delayed. Microsoft didn't lose out totally in the recent ruling — the article notes that the judge "narrowed the basis on which plaintiffs could move forward with their claims."

11 of 225 comments (clear)

  1. Ugh... by rindeee · · Score: 3, Insightful

    I hate class action suits. They do next to no good for the consumer save for putting a couple (literally) bucks in the pocket, benefit lawyers almost exclusively and in the end make products cost more. I hate Vista, and I don't care for (and therefor do not use the products produced by) Microsoft but this is going to do little good in the long run.

    1. Re:Ugh... by DustyShadow · · Score: 5, Insightful

      True but without class actions are really the only way to punish companies when it would be way too costly for a single person to go after them. I consider class actions to be necessary evils.

    2. Re:Ugh... by Tablizer · · Score: 5, Insightful

      [CA's only benefit lawyers] True but without class actions are really the only way to punish companies when it would be way too costly for a single person to go after them. I consider class actions to be necessary evils.

      Agreed. It's about the only way to punish big greedy companies enough to make them think twice the next time. I wish we could find an alternative, but so far none exists. If somebody can come up with a better way, please state it. What we have in CA's is better than fly-spec individual suits. Basically this is the current options:

      A. Move a very little bit of perpetrator's money to consumer (individual suits)
      B. Move a lot of perpetrator's money to lawyers and a little bit to consumers. (class-action)
      C. Don't do anything.
      D. Make Gates and Balmer do the Chicken Dance on American Idol.

      Until E is invented, B is the best choice. (Okay, D is not viable, I admit. Besides, Balmer seems to like dancing funny.)

    3. Re:Ugh... by Solandri · · Score: 4, Insightful

      B. Move a lot of perpetrator's money to lawyers and a little bit to consumers. (class-action)
      Tier the rate lawyers get paid. For awards up to, say, $1 million, they get 33%. For the fraction of awards between $1-$10 million, they get 10%. Between $10-$100 million they get 3%. Over $100 million, they get 1%. Over $1 billion they get 0.1% ($1 million per $1 billion awarded). Right now they get 33% of everything, which is flat out ridiculous. A class action reduces the lawyers' workload by taking advantage of efficiencies of scale, their compensation should be reduced to reflect that.

      Also, punitive awards should go to the government - either regulatory agencies or law enforcement, not the victims. The victims already get compensatory damages to compensate them for their suffering. The punitive damages are designed to punish the guilty, and should go to society as recompense for violating the public trust. The U.S. court system is currently biased against punitive damages because often even when the defendant deserves to have to pay, the victim doesn't deserve the money so the court system errs on the side of the defendant. This change would help fix that.

    4. Re:Ugh... by coaxial · · Score: 5, Insightful

      I hate class action suits. They do next to no good for the consumer save for putting a couple (literally) bucks in the pocket, benefit lawyers almost exclusively and in the end make products cost more. You don't understand the point of class action lawsuits.

      It's not compensation, it's punishment. Punishment for bad behavior is good. It makes companies think twice about conducting bad behavior in the future. It's essentially a civil fine. Lawyers making money? Well look, for members of the class, it is essentially free money. You fill out online form, and then you wait for a check. That's it.

      but this is going to do little good in the long run. If it makes them not knowingly engage in an extremely confusing (at best) and deceptive (at worse) campaign, then it would have achieved it's goal.

      "B-b-b-but it's a lawsuit! and Lawyers are Evil(tm)!!!11!eleventy-one!11!" you say. If you don't bring civil suits, how do you expect private citizens assert their rights and correct the behavior of those who have wronged them? Unless of course, you think that people shouldn't be able to defend themselves. Do you believe that?
    5. Re:Ugh... by rtb61 · · Score: 5, Insightful
      Entirely false. Class action law suits do not add one cent to the price of a product. I am sick of this same lie being spread over and over again, just like piracy does not add one cent to the price of a product. It is all supply and demand, greedy corporations charge as much as they possible can, there is absolutely no limit to their greed, 100%, 1000%, 10000% markups not a problem at all.

      It is well known that M$ puts a huge margin of the price of windows, which is why it so agressively and currptly purseus a monopoly to protect the absurd profit margins. So the more 'profit' eating, capital reserve draining class action law suits the better, who cares if it only enricghes a bunch of lawyers, as long as it bleeds M$ dry, and maybe, just maybe, finally forces some respect out of M$ for the customer.

      --
      Chaos - everything, everywhere, everywhen
  2. Re:Ridiculous. by tomhudson · · Score: 3, Insightful

    What ever happened to researching products before buying them?

    So people shouldn't be able to make manufacturers and vendors live up to their promises? Of ot saus "Vista Capable", with no limitations, no "fine print", no disclaimers, then it should be capable of running Vista - not some crippled version.

  3. Re:MS selling hardware? by paganizer · · Score: 5, Insightful

    For some reason it still bothers me when people claim to have "downgraded" to Win2k. it's like saying you "Downgrade" from Vista to XP. How can it be a downgrade when your computer runs faster, you have less problems, etc?

    --
    Why, yes, I AM a Pagan Libertarian.
  4. oh yeah... by DSVaughan · · Score: 4, Insightful

    Recently bought a laptop that came with vita home premium. Look at the "Windows Experience Index", and am getting about 60 percent of what I could be. Brand new laptop, meets all recommended requirements (except video card) for vista ultimate, and I still only get a 60%. I also see computers that are less than a quarter as powerful as that laptop being sold with vista on them. There should be at least a minimum spec increase to certify the hardware as vista enabled. Like you can run XP Pro on as low as a 233 MHz core, with 128 Mb ram, and 1.5 GB of hard drive. It will run, just about as fast as the mold growing in Antarctica. It runs, but you can't do more than idle without it freezing up on you. Therefore, in my opinion, you should change the minimum system requirements so that you could at least open notepad within 5 minutes.

  5. Re:Ridiculous. by IBBoard · · Score: 3, Insightful

    But it is "Vista capable", just not "Full Vista-with-all-eye-candy-features capable".

    As much as I dislike Microsoft products, I can't see how they have a basis for this law suit.

    Is the machine incapable of running Vista? No, just the flashy bits that aren't a requirement of the OS. Did Microsoft have a separate designation for machines that could run Vista better? Yes, it was "Premium Ready". Is Vista completely unusable because of their system specs? No (or not any more than normal).

    It isn't as if they've been sold a "High Def capable TV" that only has 640x480 res, they've been sold the equivalent of a 720i/p TV - it is capable of what is classed as "High Def", just not the really high HD because it is only "capable" of some minimum requirement to be called what it is called.

    As a similar situation: Am I capable of running a marathon? Probably. Would I do very good at it? No, because I'm not ready, not trained and not fit enough.

    People need to get a dictionary and learn the definition of the word "capable".

  6. Now, seriously... by Anonymous Coward · · Score: 3, Insightful

    The whole point of me (and maybe some of us) searching for alternatives (OS/2 etc.) and eventually come to know and use Linux is that I (and perhaps others) find "Windows capable" a lie -- not just Vista.

    How many did not feel frustrated remembering an old computer could do things a Windows one could not? How many didn't feel restrained by having a tumor-growth-like GUI posing as OS? In which you have to use an entire application to change OS settings? In which capabilities are not available on a system-wide basis but only in a few special apps? In which implementations were weak because no developer could have access to "undocumented" (i.e., secret) features? In which there were taps permitting eavesdropping by some foreign (i.e. American) institution? In which one had to forcefully pirate an app, not because of money but because there was simply NO simple way of paying (paypal and credit card buying didn't exist then)?

    And the most evil one: one situation where one does not want to pirate -- that is, violate copyrights -- and everybody does it, because the software maker clearly benefits from the net marketing, and so the one who wants to abide by the law is actually deemed a fool.

    It has been argued over and over that a new Windows version is a way of pushing newer hardware onto customers thus effectively sucking their pocket's money. And you know what?

    I think I myself warned about these things a thousand times -- only to be scorned. Now Microsoft could walk free from this, IMO, because they can safely say everyone has been warned about all that.

    If you were fooled and misled, it's all your fault. Don't blame the lion if you get into its jail and put your head into his mouth. I actually get angry at those people who complain about Vista; I think it's only fair that they lose their money -- no, they should be fined for wasting public money by using justice after choosing themselves to believe in vendor propaganda while calling us "zealots".