Class action against "vista capable"....

Discussion in 'NZ Computing' started by thingy, Feb 26, 2008.

  1. thingy

    thingy Guest

    thingy, Feb 26, 2008
    #1
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  2. thingy

    Ralph Fox Guest

    On Tue, 26 Feb 2008 15:01:04 +1300, in message <>,
    thingy wrote:

    > http://www.tomsguide.com/us/lawsuit-vista-capable,news-621.html
    >
    > Sometimes I like the US legal system...class actions seem useful
    > deterrents....



    Quote:

    | US District Judge Marsha Pechman certified the lawsuit but said
    | it could only look at the 2006 holiday season, when computers
    | were branded with Vista certifications but the operating system
    | had not yet launched.


    So this class action is restricted to those who would buy a pig in a poke. :)


    The following is still as true as when Alexander Pope penned it around
    three centuries ago:

    Be not the first by whom the New are try'd,
    Nor yet the last to lay the Old aside.


    --
    Cheers,
    Ralph
     
    Ralph Fox, Feb 26, 2008
    #2
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  3. thingy

    thingy Guest

    Ralph Fox wrote:
    > On Tue, 26 Feb 2008 15:01:04 +1300, in message <>,
    > thingy wrote:
    >
    >> http://www.tomsguide.com/us/lawsuit-vista-capable,news-621.html
    >>
    >> Sometimes I like the US legal system...class actions seem useful
    >> deterrents....

    >
    >
    > Quote:
    >
    > | US District Judge Marsha Pechman certified the lawsuit but said
    > | it could only look at the 2006 holiday season, when computers
    > | were branded with Vista certifications but the operating system
    > | had not yet launched.
    >
    >
    > So this class action is restricted to those who would buy a pig in a poke. :)


    I guess the "art" is knowing the difference between a good and fair deal
    and downright lying.
    Where an organisation takes unfair advantage to can be brought to task.

    > The following is still as true as when Alexander Pope penned it around
    > three centuries ago:
    >
    > Be not the first by whom the New are try'd,
    > Nor yet the last to lay the Old aside.


    I dont like this saying myself. There are risks involved in being the
    first, but potentially huge benefits. The "wise man" can evaluate the
    risks and benefits and make an informed decision, this case is about
    hiding the risks and selling non-existant benefits. I will read the
    outcome with interest.

    regards

    Thing
     
    thingy, Feb 26, 2008
    #3
  4. In article <>, thingy <> wrote:
    (snip)
    >> The following is still as true as when Alexander Pope penned it around
    >> three centuries ago:
    >>
    >> Be not the first by whom the New are try'd,
    >> Nor yet the last to lay the Old aside.

    >
    >I dont like this saying myself. There are risks involved in being the
    >first, but potentially huge benefits. The "wise man" can evaluate the
    >risks and benefits and make an informed decision, this case is about
    >hiding the risks and selling non-existant benefits. I will read the
    >outcome with interest.


    To me, the obvious place to be is second (or "fast follower" in the parlance
    I think :) ). No one (really) wants to be the first. The first has all the
    hassles. Yes, they can gain much of the rewardsd ... assuming there are any;
    that they outweigh the hassles and that people can be persuaded it's a good
    thing. Similarly that the legal problems are surmountable. :)

    Anyone here ever buy version 0.9 software ? :) :)
     
    Bruce Sinclair, Feb 27, 2008
    #4
  5. thingy

    impossible Guest

    "thingy" <> wrote in message
    news:...
    > Ralph Fox wrote:
    >> On Tue, 26 Feb 2008 15:01:04 +1300, in message
    >> <>,
    >> thingy wrote:
    >>
    >>> http://www.tomsguide.com/us/lawsuit-vista-capable,news-621.html
    >>>
    >>> Sometimes I like the US legal system...class actions seem useful
    >>> deterrents....

    >>
    >>
    >> Quote:
    >>
    >> | US District Judge Marsha Pechman certified the lawsuit but said
    >> | it could only look at the 2006 holiday season, when computers |
    >> were branded with Vista certifications but the operating system | had
    >> not yet launched.
    >>
    >>
    >> So this class action is restricted to those who would buy a pig in a
    >> poke. :)

    >
    > I guess the "art" is knowing the difference between a good and fair deal
    > and downright lying.
    > Where an organisation takes unfair advantage to can be brought to task.
    >


    Yes, early-adopters of Microsoft and other branded products are not
    expecting to purchase "a pig in a poke". They are expecting to purchase
    something that performs as advertised. I realize that Microsoft has made no
    secret of its elaborate certification hierarchy, and that the lowly "Vista
    Capable" level was/is, strictly speaking, represented accurately -- for that
    reason, Microsoft will probably escape any monetary damages from this
    lawsuit, as will the retailers who were complicit in this scheme. But if
    you're selling a "Vista Capable" machine that isn't capable of delivering
    Vista's signature feature -- Aero -- then you deserve to be taken down.

    >> The following is still as true as when Alexander Pope penned it around
    >> three centuries ago:
    >>
    >> Be not the first by whom the New are try'd,
    >> Nor yet the last to lay the Old aside.

    >
    > I dont like this saying myself. There are risks involved in being the
    > first, but potentially huge benefits. The "wise man" can evaluate the
    > risks and benefits and make an informed decision, this case is about
    > hiding the risks and selling non-existant benefits. I will read the
    > outcome with interest.
    >


    Here's some more background information that supports this view:

    http://arstechnica.com/news.ars/post/20060403-6511.html
     
    impossible, Feb 27, 2008
    #5
  6. thingy

    thingy Guest

    Bruce Sinclair wrote:
    8><----
    >
    > Anyone here ever buy version 0.9 software ? :) :)


    Lots of people, its known as 2000/XP/Vista pre service pack 1....

    ;]

    regards

    Thing
     
    thingy, Feb 27, 2008
    #6
  7. In article <>, thingy <> wrote:
    >Bruce Sinclair wrote:
    >8><----
    >>
    >> Anyone here ever buy version 0.9 software ? :) :)

    >
    >Lots of people, its known as 2000/XP/Vista pre service pack 1....


    Ouch ! You could proabbly make that case ... but i'd suggest anything before
    SP 2 would be suspect. Mileages vary.

    I will note also that they never *call* it version 0.9 either. :)
     
    Bruce Sinclair, Feb 28, 2008
    #7
  8. On Thu, 28 Feb 2008 01:21:18 +0000, Bruce Sinclair wrote:

    > Ouch ! You could proabbly make that case ... but i'd suggest anything
    > before SP 2 would be suspect. Mileages vary.
    >
    > I will note also that they never *call* it version 0.9 either. :)


    For Micro$oft, any released version is whatever they think is good enough
    to make more money from.

    It does not relate to the quality of the code or the readiness for use.

    That is why waiting for a "Service Pak2" or greater is highly desirable -
    because usually by then they've fixed most of the truly hideous faults,
    leaving only 95% of the total number of known faults - most of which
    won't be fixed before the next major iteration of that application is
    released, with another collection of truly hideous faults to be fixed.


    --
    Smoking Causes Lung Cancer

    Franklin D Roosevelt: "We have always known that heedless self-interest
    was bad morals; we know now that it is bad economics."
     
    Smoking Causes Lung Cancer (SCLC), Feb 28, 2008
    #8
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