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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."
Why can't the system have a panel of retired judges look at civil cases before a full trial to ensure it is warranted? If the plaintiff wants to move anyway when told there is not case, so be it. But the loser and the loser's lawyer should have to pay something to the winner. There has to be some meaningful consequence for the losers.
There are a lot of ways they benefit. One by having mechanisms built into Vista that patrol the user that weren't there in XP that were rejected by XP users when they released WGA. The next is that they actually denied consumers the choice even though consumers asked for it and in the end the only way to get it was to pay for the OS twice (once for Vista and once for XP). OEMs aren't just the big boys such as the royal OEMs.
This person's failure was obviously her failure of knowing the law or getting adequate legal council. Or Microsoft has deep pockets that get judges all hot and wet.
The OEMs were forced to sell Vista and were told not to allow XP. Microsoft's approach to forcing Vista was systematic. It isn't hard to see what they had done over the past two years. Those actions could only be taken by a monopoly in the manner they were, and then again only by a monopoly with something to gain. Microsoft had been directing Royal OEMs to remove support for XP in the BIOS tables and as well had been telling hardware vendors not to provide drivers for XP (sound, wireless, etc). They didn't direct this in this manner without some plan and thus benefit to themselves.
Really, it isn't hard to understand that users wanted X product but were forced to buy V product and then buy X product afterwords. When resellers said they were not able to comply and that Microsoft had discontinued their right to purchase the X product and then systematically denied support, and then lied about the availability of product keys. That's coercion of all parties--to say the least. When you consider Microsoft came up with more product keys after the netbook craze began you can see they were manipulating and coercing OEMs and thus consumers.
If I were this person I'd refile (as I'm sure the case didn't go to trial) and then subpoena all the OEMs and their communications in preparation of the Vista release. I'd be willing to bet there's some real telling details in those correspondences.
You can lead a man with reason but you can't make him think.
A computer should be separate from the software; as such a customer should never be compelled to buy a computer conditional on also buying the software on the device. Of course this is already covered under US antitrust law as illegal tying even if it is rarely if ever enforced.
Sigs are too short to say anything truly profound so read the above post instead.
Most of the world's non-embedded computers run Windows. When a company reaches that level of influence, it ceases to be just another firm and instead becomes a part of our societal infrastructure. It's certainly reasonable to hold such organizations to a higher standard than we hold smaller organizations. The power company can't "do as they want" either.
As long as Microsoft wants to enjoy the lucrative benefits of being a singular part of society's information infrastructure, society ought to have a say in how Microsoft is run.
You might argue that imposing such restrictions is "punishing success". That's hardly true. The people responsible for Microsoft's growth have been rewarded many times over. If Microsoft finds regulations unbearable, it can split itself in two smaller companies, or shrink some other way. Then, it would no longer be subject to the same scrutiny.
But as long as Microsoft