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Microsoft Loses Appeal of "Vista-Capable" Lawsuit
bfwebster writes "Microsoft has lost its appeal to remove class-action status for the 'Vista Capable' lawsuit that has already resulted in some embarrassing internal e-mails being released publicly. As Computerworld reports, in its appeal to the US Ninth Circuit Court, Microsoft argued (among other things) that 'continuing the lawsuit might mean new disclosures of insider e-mails, which could "jeopardize Microsoft's goodwill" and "disrupt Microsoft's relationships with its business partners."' Given what's been released so far (158-page PDF), not to mention Microsoft's history of rather frank internal e-mails, that's probably putting it mildly. There could be some interesting reading ahead."
Microsoft's Goodwill? Everyone (including ISVs and OEMs) know how to work with Microsoft.
If he wins... we get more coupons for Microsoft products... in 2024.
Help stamp out iliturcy.
What's depressing is that a number of the execs complained about the Vista Capable thing too (Mike Nash being one of them, but there are others who didn't complain in their emails).
The Vista Capable debacle happened the exact same way both the Challenger and Columbia disasters happened; the only reason those with objections went with the majority decision was due to group suppression of judgment. Psychological conformity, essentially.
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Interesting how lawyers can put words together that are utterly meaningless.
Microsoft + Goodwill = ?
Those words can not be used in the same sentence in English.
Cheers
* Carthago Delenda Est *
I wonder, though, how much this will really cost.
Some of the machines that said "vista capable" were, some were barely capable. But they've been downplaying the minimum requirements forever. If you had a system with the minimum requirements for XP, it ran like a dog. Did people expect that buying something with the minimum requirements for Vista would generate better results?
In the end, I think some entertainment might come out of the trial, but the financial award will end up being little more than a slap on the wrist to Microsoft. Time will tell.
- Greg
Start a happiness pandemic
As Computerworld reports, in its appeal to the US Ninth Circuit Court, Microsoft argued (among other things) that 'continuing the lawsuit might mean new disclosures of insider e-mails, which could "jeopardize Microsoft's goodwill" and "disrupt Microsoft's relationships with its business partners."'
Are they serious? "We're assholes, and we've been caught, and being caught being an asshole makes the world think you're an asshole, which would be bad for business. Therefore, we should not allow the courts to expose the fact that we're assholes. Our precious money stream relies on being able to be assholes without getting caught." I hope the judge hit their lawyer in the face with a shovel before saying, "denied."
Stop-Prism.org: Opt Out of Surveillance
Ice Cream has no bones.
With whom? OEM manufacturers who were forced to stuff the system with "MS recommended" additional "content" (read: adcrap)? Resellers who were browbeat to sell MS systems, and MS systems only, if they wanted to be able to offer competitive prices? Users who have been subjected to activation procedures and data collection machinations that make even some secret services blush?
Anyone still got MS in high esteem?
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
Fsck the customers, they are merely corporate assets.
Engineering is the art of compromise.
continuing the lawsuit might mean new disclosures of insider e-mails, which could "jeopardize Microsoft's goodwill"
That soooo reminds me of one of the memorable quotes in LiarLiar (http://www.amazon.com/review/R2TISC7BK6BUTV)
Fletcher: Your honor, I object!
Judge: Why?
Fletcher: Because it's devastating to my case!
Judge: Overruled.
Fletcher: Good call!
I suppose the short summary of their appeal case was "We'd like you to stop digging because you'll probably find more dirt." No, the legal system is supposed to work that way, thank you. (care to borrow my shovel? how about my backhoe?)
I work for the Department of Redundancy Department.
quick reset it! thats the key give away that its not a windows machine >90% uptime.
IranAir Flight 655 never forget!
The thing is at these emails actually have relevance to the case, bad attitude and real bad attitude were nothing other than rants with no technical/buisness dealing in them, and microsoft still subpoena them.
In memory of mozilla, about:mozilla should have something really fitting in firefox 3: "And then the just as the rage of the hero had been shown when he first fell to the ground, the deceit, lies & horror of the beast were opened for the world to see" For bonus points somebody at Mozilla could grow some and stick a link to the court records of MSs emails as an update when they're all out!
IranAir Flight 655 never forget!
My business would be harmed by a lawsuit? DUH!
It reminds me of "Liar Liar":
Fletcher: Your honor, I object!
Judge: Why?
Fletcher: Because it's devastating to my case!
Judge: Overruled.
Fletcher: Good call!
I like freedom and competition. Freedom is about my being able to choose what I like and need based on real information about real option--not just the advertising propaganda. Competition creates those options. Together they work to drive progress and the evolution of better products.
Microsoft's idea is that I should only be free to choose some flavor of Microsoft, and Microsoft gets to tell me what me needs are and what the options are. Change? Only when Microsoft has bled the revenue stream dry. Evolution? Only if the better ideas outside of Microsoft are getting too much cursed publicity.
I see this as a philosophic deadlock. However, there is an easy solution. Chop Microsoft into four or five pieces. Give each of them a copy of the source and let them compete with each other (and with Linux and Apple and the rest of the current crop of dwarfs).
Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
...has performed an illegal operation and will be shut down
"We live in a global world" - Harvey Pitt, former Securities and Exchange Commission Chairman
I'm constantly amazed at peoples threshold for tolerating pain as long as they're told it won't hurt =)
So you're saying Microsoft is like the nurse who lies and says him/her taking some blood wont hurt, right before stabbing you with a massive needle and deliberately scraping the needle against the bone for 5 minutes only to tell you they couldn't find a vein and needs to try the other arm. You make some comment but ultimately you need a blood test to find out if the pound of flesh you had to give up to buy your 5Ghz Core4 PC with 24gig of ram barely able to run Vista has resulted in an infection of some kind.
I am a free slashdotter. I will not be modded, blogged, DRM'd, patented, podcasted or RFID'd. My life is my own.
Whitehouse/Government and just "lose" emails?:)
Only goodwill with investors matters. MS does not really consider goodwill with OEMs or customers. They screw them around. The "install base" is just considered a corporate asset not worthy of goodwill.
Engineering is the art of compromise.
They can, even though the sentence would probably have to run along the lines of "Wayforward technologies, unlike such major companies as Microsoft, shows goodwill..." (Apologies to Douglas Adams)
Don't get too excited the 9th Circuit court of appeals is the most often overturned court int he land. Maybe because they don't actually take the LAW into account when making their decisions. http://www.centerforindividualfreedom.org/legal/9th_circuit.htm
As with any controversial decision coming from the 9th Circuit, take it with a grain of salt until it passes the next appeal level.
-- "In order to have power, I must be taken seriously." -Mojo Jojo
Goodwill is an accounting term used by companies to place a value on patents, Intellectual Property Rights, Copyrights, Branding, etc. So, apparently Microsoft is worried it will drop further into the negative than it is now.
Or, Microsoft has shown lots of goodwill by allowing XP to be sold longer and donation kagillions to charity.
Now, I'm no MS fan here (I run OS-X and CentOS), but that's an awfully wide brush.
I really don't understand the minimum requirements. If you play Crysis with a computer that matched the "minimum requirements" list you'd ... well, the program would RUN.
And Vista RUNS. What exactly does a minimum requirement specify then? As far as I understand, it's what is actually required to run the actual program, not even necessarily run it enough to work with it well.
I don't like Vista even though I generally tend to be on the defend-XP side - but really, the double standard between minimum requirements for Microsoft and minimum requirements for any other product is frustrating.
But then, any anti-Microsoft comment on Slashdot typically gets modded up as insightful or interesting, even if it's redundant.
And, by the way, having everyone switch to Linux won't help that much. Linux is easy for computer nerds/techies to use. Windows is a ton easier for a lot of people, and it's not just what you're used to, it's getting your wireless card, sound card, or video card to work right. Windows does it, Linux doesn't always. :)
So please, in the future put more care and thought into your trolling. Remember that you are walking the path blazed by such luminaries as the GNAA and that you stand beside such greats as the shit eater troll and the ASCII goatse guy. So in the future try to remember the greats that came before you along with your trolling peers and live up to their high standards. Thank you for your time and may you have a successful career trolling here at slashdot!
ACs don't waste your time replying, your posts are never seen by me.
Yup. I say it's about time to trot out the old straw man. Judge to Microsoft: "If you have nothing to hide, then you have nothing to fear."
Couldn't happen to a nicer company.... :-)
Check out my sci-fi/humor trilogy at PatriotsBooks.
Yes, things like lock-in (which Microsoft is good at generating lots of) count as 'goodwill' too; the fact that customers currently use your software and therefore want to / have to / don't know anything else than to use Microsoft software is worth a lot of value to Microsoft. The estimated value of this will show up as 'goodwill' in Microsoft's accounts, and is likely to be worth a lot of money to them. If Microsoft didn't have any lock-in, and people did not currently use their products, it seems unlikely that Microsoft products would gain a substantial market share from a hypothetical other dominant company or platform unless they were improved.
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