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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."

31 of 236 comments (clear)

  1. Goodwill? by webview · · Score: 5, Funny

    Microsoft's Goodwill? Everyone (including ISVs and OEMs) know how to work with Microsoft.

    1. Re:Goodwill? by Anonymous Coward · · Score: 5, Funny

      Microsoft 'goodwill'?

      "You keep using that word. I don't think it means what you think it means."

  2. Depressing: by gcnaddict · · Score: 5, Insightful

    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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    1. Re:Depressing: by bhtooefr · · Score: 5, Insightful

      So, in other words, just like how Slashdot works?

  3. Re:"Microsoft's Goodwill" ? by kurt555gs · · Score: 4, Funny

    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 *
  4. How Much Really? by gbulmash · · Score: 4, Interesting

    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

    1. Re:How Much Really? by Joe+The+Dragon · · Score: 3, Informative

      The Vista Premium Ready requirements are about there for a low end base line but the "core" ones are to low. The core should of been what Vista Premium is and Vista Premium should be moved to 2gb or more ram + HT or dual core or better cpu with a video card with 128 MB or more of graphics memory useing it's own ram.

    2. Re:How Much Really? by xouumalperxe · · Score: 4, Insightful

      I don't think it's fair to expect people today to remember how XP ran in 2001 when it was released. Most users are not, and need not be, technically oriented, and it's been 7 bloody years (Microsoft's fault on that last bit ;). While I personally don't expect things to run perfectly on the minimum required hardware, I do think it's fair to expect them to run decently though.

      If the expression "minimum requirements" is defined as "the very least required to run", then the "minimum requirements" announced are probably a fair bit above what Vista actually demands to run, so that's not quite right. In fact, a google search for "Vista minimum requirements" yields a page on Microsoft's site called "Windows Vista recommended system requirements".

      Now, you may say I'm splitting hairs or arguing semantics, but fact is, it says "recommended system requirements", and I say it's quite fair to demand companies make sure that the recommended specs suffice for a reasonable experience.

    3. Re:How Much Really? by LurkerXXX · · Score: 4, Insightful

      Yes, XP with the minimum system requirements ran like a dog. You could do anything you wanted with it, but it was dog slow.

      The difference is, with Vista, with the minimum requirements, it not only is dog slow, but there are many features of it that you simply can't run. At all. And others that you can run, but only with reduced function.

      That's a huge difference.

    4. Re:How Much Really? by CastrTroy · · Score: 3, Insightful

      Let's compare minimum requirements for Vista to the minimum requirements that most game developers come up with. When I used to buy PC games, the minimum requirements got you 640x480 with all the graphics turned down to minimum, along with the sound quality dropped down also. And it only ran at 20-30 FPS. Less if there was lots going on. The experience on Vista with the minimum requirements is about the same. You don't get any shiny graphics, and it runs quite slowly. Quite often the frame rate drops to zero few 10 seconds while it brings up a UAC dialog, but it works, and it is usable, assuming you aren't trying to run a bunch of memory hungry apps. I wouldn't want to run VS.Net or Photoshop on a machine with Vista and only 512 MB of RAM. But if you're just browsing the web and doing some word processing, the minimum requirements are fine.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  5. Re:Yay! by phillymjs · · Score: 5, Funny

    Who cares about the eventual outcome? I just want to read more of the damning stuff that gets uncovered in discovery, and clap my hands together with glee!

    ~Philly

  6. Re:Yay! by Anonymous Coward · · Score: 3, Funny

    If he wins... we get more coupons for Microsoft products... in 2024.

    You sure their next OS will be out by then? They don't plan on releasing it until it's completely finished, you know.
  7. Are They Serious? by Bob9113 · · Score: 5, Insightful

    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."

    1. Re:Are They Serious? by JordanL · · Score: 3, Funny
      That sounds like a CourtTV episode.

      MS Lawyer: "Your honor, we move to have class action removed on the account that it's bad for us." Judge: *throws gavel at lawyers face* "Overruled." *smirks* "With prejudice."
  8. Jeopardize MS goodwill? by Opportunist · · Score: 4, Insightful

    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.
  9. Re:Yay! by techno-vampire · · Score: 4, Funny
    They don't plan on releasing it until it's completely finished, you know.


    Are they planning on calling it "Duke Windows Forever?"

    --
    Good, inexpensive web hosting
  10. Re:Will M$ be able to get right for windows 7? or by RiotingPacifist · · Score: 4, Funny

    quick reset it! thats the key give away that its not a windows machine >90% uptime.

    --
    IranAir Flight 655 never forget!
  11. microsoft +Real bad attitude by RiotingPacifist · · Score: 3, Interesting
    Oh wait, the shoe is on the other foot now, quick somebody phone JWZ so he can kick!
    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!
  12. Agreed! Stupid Arguement by HaeMaker · · Score: 4, Funny

    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!

  13. Re:"Microsoft's Goodwill" ? by owlnation · · Score: 5, Insightful

    Microsoft + Goodwill = ?
    Those words can not be used in the same sentence in English.
    Actually they can. However, to make the sentence work, in it you also have to have words like: "none", "no", "without", "never", "abused", etc...
  14. Philosophic foundation of disliking Microsoft by shanen · · Score: 5, Interesting

    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.
  15. This company... by mr_lizard13 · · Score: 5, Funny

    ...has performed an illegal operation and will be shut down

    --
    "We live in a global world" - Harvey Pitt, former Securities and Exchange Commission Chairman
  16. Re:Will M$ be able to get right for windows 7? or by click2005 · · Score: 4, Funny

    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.

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  17. Why doesn't Microsoft follow the lead of the by rolfwind · · Score: 4, Funny

    Whitehouse/Government and just "lose" emails?:)

    1. Re:Why doesn't Microsoft follow the lead of the by Anonymous Coward · · Score: 4, Funny

      because Microsoft isn't as corrupt as the US Government... *ducks*

  18. Goodwill with investors by EmbeddedJanitor · · Score: 3, Insightful

    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.
  19. 9th Circuit most often overturned. by Coolhand2120 · · Score: 4, Interesting

    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

    1. Re:9th Circuit most often overturned. by syntaxglitch · · Score: 3, Insightful

      Getting offtopic, but where did the term "activist judges" come from? It's a derogatory term meaning something like "judge who interprets the law in a way that disagrees with my political biases." The term was popularized by, and is most frequently used by, extreme right wingers, often in reference to the 9th Circuit, usually accompanied by the same disingenuous talking points about how much more frequently overturned their decisions supposedly are (see also: lies, damn lies, and statistics). Any political opinion that complains about "activist" judges is probably safely disregarded as specious.
  20. Re:Yay! by i.of.the.storm · · Score: 5, Funny

    Some here might prefer "Nuke Windows Forever."
    (Not me though, but it had to be said.)

    --
    All your base are belong to Wii.
  21. Minimum Requirements are MINIMUM requirements by CannonballHead · · Score: 3, Informative

    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. :)

  22. Re:Lol, look at your super high UID, jagoff! by hairyfeet · · Score: 5, Funny
    I'm sorry, but I'm afraid your trolling simply doesn't measure up to the high standards we have here at slashdot. You see, unlike at digg or fark, we here at slashdot have a rich tradition of truly great trolling, and because of this we attract only the best and brightest of the trolling community. Our trolls gone on to lead very rich and lucrative careers in exciting and rewarding fields such as shills for Microsoft and Comcast management. Who do you think came up with the "Vista Capable" program? That's right, a former slashdot troll!


    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!

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