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Microsoft Wins Windows XP Downgrade Lawsuit
CWmike writes "A federal judge has dismissed a year-old lawsuit against Microsoft over alleged antitrust violations for the 'downgrade' rules it set for Windows Vista and XP. The order put an end to the lawsuit filed by Emma Alvarado in February 2009. In her original complaint, she accused Microsoft of coercing computer makers into forcing consumers who wanted to run Windows XP to first buy Windows Vista, or later, Windows 7, before they were allowed to downgrade to XP. The judge rejected Alvarado's accusations, saying that the plaintiff had not proved Microsoft benefited from the downgrade practices that it created and that OEMs implemented."
Even Microsoft admitted Vista was bad and worked hard on 7 to get it to market fast before Vista irrevocably harmed their image.
You can lead a man with reason but you can't make him think.
This is from the article:
Computer makers, not Microsoft, charged users the additional fees for downgrading a new PC from Vista to XP at the factory. However, Alvarado did not name Lenovo Group Ltd. in her lawsuit.
She sued MS for a practice of the OEM. Wrong defendant.
It's possible that she could have shown vertical market manipulation, but that might not have been relevant. Such practices might give rise to a federal antitrust suit, but she brought a state unfair practices action.
I'm no expert in the laws of Washington state, but from the article it appears that among other things she had to show that she did not receive value for her money and she failed to do so.
in the end the only way to get it was to pay for the OS twice (once for Vista and once for XP)
Except that once you've bought Vista, the downgrade to XP was free.
In addition to tying the purchase of Vista to these machines, OEMs charged a significant amount of money to replace Vista with the desired OS (Windows XP)
Fixed that for you. It was strictly an OEM charge.
The problem is there was NO Vista Home to XP Home, which means that home users had to buy a more expensive license just to get XP. And THAT right there was the problem, and why they should refile.
ACs don't waste your time replying, your posts are never seen by me.
"Except that once you've bought Vista, the downgrade to XP was free."
Not for anything lower than Professional, IIRC. If you had home/home premium/home basic you had to pay like a $50 downgrade fee.
Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.