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."

Comments

You sue the wrong party or pursue the wrong action

[Telephone Sanitizer]

how do you not prove that they benefited by having OEMs sell the newer version of their software before allowing a downgrade path?

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.

Re:How?

[hairyfeet]

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.