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Microsoft loses Vista Capable appeal

Here we go again
Wednesday, 23 April 2008, 18:21

MICROSOFT LOST an appeal attempting to escape class action status for the "Vista Capable" lawsuit on Monday. The ruling means the case will go forward.

The decision also means that more emails from the Vole and between it and its business partners might be made public.

The US Ninth Circuit Court of Appeals tersely denied Microsoft's request that it reverse US District Court Judge Marsha Pechman's February granting of class action status to a lawsuit alleging that the company misled consumers with its Vista Capable marketing effort in 2006.

Filed last year, the complaint claims that the PCs tagged as "Vista Capable" in the runup to the release of Windows Vista were only capable of running the Home Basic version, which the plaintiffs charge lacks many of full-blown Vista's features.

At Microsoft's request, Judge Pechman had suspended the case while Microsoft appealed her approval of class action status for the lawsuit. The company had argued that letting the lawsuit go forward while it appealed that ruling could impair its goodwill and disrupt its business relationships.

Emails already made public in the case earlier revealed that even Microsoft's executives were stung by "Vista Capable" computers and that business partners such as Dell had warned the company that the "Vista Capable" stickers would tend to deceive PC buyers.

The case will now continue, which means that 29 companies and individuals will have to answer subpoenas that the plaintiffs filed last month for further discovery of relevant evidence. µ

L'Inq
Computerworld

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Comments
Reult of Needed Long Dev. Time.

When Microsoft was Busy writing 3 Core Games as forced dual thread theorum, Ultimat Avanced & advanced & got better. 
Ultimate did that, yet NOT on Your Divergent Hard.Ware.
We Know that, it was All Explained in Comment Section. If Microsoft is NOW writing SEXTO, I Mean Really, just My Bird. HOME SERVER Porne, Rone base 8 & 13 Klingon Translators ON:ON.
So Many foolished bought Vista System & tried to Tear Vista Out of It. Sadness.
Others took out old Vic 20, from retirement Box & installed, You Guessed:Ultimatmic. Its SMART Thing it Pings Like HummingBee, taking ITS TiME for Positioning. Like Helicopter, Vista had lot of Free Bases to Cover & NOT So Many informed Readers, as comment sections often bit off.
If Hardware Wasn't Suchlength of developed XP & maybe if NT6 was sooner, Blow would have been Less Direct to kernel, more Glancing as Hopeing its Sexto::Ultie thinks: Maybe they can get SEVEN out Sooner & avoid AllConfused Chatter.
MICROSOFT DID NOTHING WRONG. As Declared by;HONORABLE JUDGE;thomas stewart von drashek Chancelor '''8. AKALic'008.&Dunnington Snoope.

New Cheer:Give Me Sexto or Give Em Debt.

posted by : microsoft_Ultie, 23 April 2008 Complain about this comment
only in America

you spend $399 on a value (read cheap) PC and expect it to run the latest operating system with all it's features (it will run the value OS), what next Intel is sued because it's extreme graphics wont run (insert any FPS game here).

posted by : Andrew, 25 January 2008 Complain about this comment
Does reality truly exist then?

I very much hope this case will go all the way and the outcome is that companies will knowingly deceive their customers far less often.

posted by : Cowzilla, 23 April 2008 Complain about this comment
"Ultie"

Disabling comments:
Good for you, good for me, good for everyone, as the above gibberish proves.

posted by : Some Bloke, 24 April 2008 Complain about this comment
Grr

I thought the Inq was supposed to screen comments before posting them (I'm sure that's what the message I'll soon see tells me), but if that's the case how does this von Drashek chap get so many garbage posts through?

Seriously, guys, add a bloody filter. Just not for me. :D

posted by : imposter, 26 January 2008 Complain about this comment
This defies common sense

While I agree that Microsoft shouldn't have pushed Vista with "vista capable stickers" this was more of an ad campaign than anything. People buying cheap computers weren't really going ot shell out more money to the tune of a couple of hundred dollars to get vista when they already had XP were they? Vista is a lot more annoying than XP in many ways.Cheapskates who want to run Vista are barking up the wrong tree to begin with. If you want to bring a class action suit against Microsoft, put them in jail for foisting Windows Vista on the already aggravated computer world. Need to stop pop-ups? Here, we wil give you two or three pop-up screens telling you that we aren't allowing pop-ups for your own security. 
Maybe this class action suit will have some effect, but I want to know when they will outlaw filling up new computers with McAfee, Symantec and AOL before you ever get the computer. That is one of the biggest headaches, getting that crap off the computer so it will speed up and run correctly. 
Let's go after these big companies for the right reasons. They didn't sell cheap computers that won't run vista, they sold cheap computers that won't run McAfee and AOL.

posted by : computerfriend, 25 April 2008 Complain about this comment
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