Here we go again...

Discussion in 'Windows 64bit' started by Vision, Mar 11, 2008.

  1. Vision

    Vision Guest

    Microsoft wants to freeze the Vista incapable lawsuit
    Hang on, wait till everyone forgets

    By Egan Orion: Monday, 10 March 2008, 4:23 PM


    EVER SLIPPERY, Microsoft asked that the "Vista Capable" lawsuit against it
    be stayed while it appeals the judge's approval of class action standing for
    the case.
    The lawsuit, filed almost a year ago, claims that Microsoft misled punters
    in late 2006 by letting PC makers stick "Vista Capable" labels on lower
    power machines sold with Windows XP that were later found capable of running
    only the Home Basic version of Windows Vista rather than the full version
    that includes most of Vista's new features including the Aero eye-candy
    graphical interface.

    It claims that PC buyers paid more for those machines than they would have
    parted with had they known that they wouldn't be able to support Windows
    Vista when that was released a few months later in early 2007.

    Never mind that those PC consumers who bought "Vista Capable" machines are
    likely better off sticking with Windows XP instead of "upgrading" to Vista,
    seeing as how Vista has turned out to be even more of a pig on qualudes than
    all prior versions of Windows. The Vole probably won't be arguing that, but
    even if it did, that wouldn't let it off the hook for having misled
    customers who expected that "Vista Capable" actually meant "Vista Ready"
    when they coughed up the readies.

    US District Judge Marsha Pechman granted the lawsuit class action status two
    weeks ago. Microsoft filed a petition to appeal that ruling with the Ninth
    Circuit Court of Appeals on Friday, a day after it filed a motion before
    Judge Pechman to stay the lawsuit pending its appeal.

    If the case is stayed, that would put off any further discovery by the
    plaintiffs until the appeal is decided, which could take up to three months
    or more. The delay would postpone additional revelations of potentially
    embarrassing emails and other documents by Microsoft and PC manufacturers,
    hardware suppliers such as Intel, and wholesalers and retailers.

    Release of internal company emails last month disclosed that high level
    Microsoft executives anticipated the problems caused by the "Vista Capable"
    labels on PCs sold with Windows XP. Microsoft's OEM partners warned the
    company that the labels would confuse consumers, and even Microsoft's own
    executives got burned by buying PCs incapable of running the full version of
    Windows Vista.

    In its motion to stay, Microsoft wrote: "Continued proceedings here would
    cost Microsoft a substantial sum of money for discovery and divert key
    personnel from full-time tasks...; would intrude on sensitive pricing
    decisions and strategies by OEMs, wholesalers, and retailers; and would
    jeopardize Microsoft's goodwill with class members -- all with respect to
    claims that might not proceed on a class basis at all."

    Microsoft argued that, if its appeal is successful, any time and money it
    spends on additional discovery will have been wasted and any further
    negative publicity will have been raised unnecessarily. It also claimed that
    continuing discovery while its appeal is pending might needlessly impair
    certain business partner relationships.

    "Plaintiffs' discovery almost surely will involve intrusion into the most
    sensitive pricing decisions of the OEMs, wholesalers, and retailers who sell
    the PCs at issue and set their prices," Microsoft wrote. "Continued
    discovery thus will disrupt Microsoft's relationships with its business
    partners, a disruption that will be unnecessary if the Ninth Circuit
    reverses."

    The motion also raised the issue that continuing the lawsuit pending the
    appeal will require the plaintiffs to advertise nationally for class members
    to join the litigation, and that the class action search could damage
    Microsoft's reputation with its customers unfairly. "The result will be
    nationwide publicity that impugns the ['Vista Capable'] program," it said.

    With typical Microsoft chutzpah, the appeal to the Ninth Circuit challenges
    Judge Pechman's basing her approval of class action standing on Washington
    state law because Microsoft is headquartered there. It also questions her
    approval of the plaintiff's theory that PC buyers might have paid more for
    the so-called " Vista Capable" PCs than they would have without those
    allegedly misleading labels.

    Like many defendants, the Vole is seeking delay in the hope that the passage
    of time might work in its favour, as "Vista Capable" PC buyers get over
    having been taken in, witnesses change jobs, memories fade, documents get
    lost, and so on.

    We'll see in due time whether Judge Pechman is fully confident in her
    rulings and believes the plaintiffs' case deserves to move forward timely,
    or decides that the potential harm to Microsoft should her rulings be
    reversed on appeal outweighs the plaintiffs' rights. µ
     
    Vision, Mar 11, 2008
    #1
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  2. Vision

    Tom Ferguson Guest

    I believe this appeared on 'the Inquirer' web site yesterday. In any case,
    it is OT here.

    Tom
    MSMVP 1998-2007

    "Vision" <> wrote in message
    news:47d665ec$0$16674$...
    > Microsoft wants to freeze the Vista incapable lawsuit
    > Hang on, wait till everyone forgets
    >
    > By Egan Orion: Monday, 10 March 2008, 4:23 PM
    >
    >
    > EVER SLIPPERY, Microsoft asked that the "Vista Capable" lawsuit against it
    > be stayed while it appeals the judge's approval of class action standing
    > for the case.

    {blah-blah snipped]
     
    Tom Ferguson, Mar 11, 2008
    #2
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  3. Vision

    cvb Guest

    Tom Ferguson wrote:
    -------------blah blah blah snipped ---------------
    > Tom
    > MSMVP 1998-2007
    >

    ------------------ end of blah blah blah ------------
     
    cvb, Mar 12, 2008
    #3
  4. Vision

    Tom Ferguson Guest

    :)
     
    Tom Ferguson, Mar 12, 2008
    #4
  5. > The lawsuit, filed almost a year ago, claims that Microsoft misled punters
    > in late 2006 by letting PC makers stick "Vista Capable" labels on lower
    > power machines sold with Windows XP that were later found capable of
    > running only the Home Basic version of Windows Vista rather than the full
    > version that includes most of Vista's new features including the Aero
    > eye-candy graphical interface.


    In other words, there's a class-action lawsuit against Microsoft because
    people's window captions and borders aren't translucid.

    That's how I'm reading this.

    How about a few years back when OEMs were selling XP machines with only
    128MB RAM? IMO that's much more of a case of misleading people into buying
    an expensive paperweight than this. I mean, if I'm a Windows Classic user
    on Vista, I wouldn't even be aware there's a "problem" to begin with...
     
    Homer J. Simpson, Mar 12, 2008
    #5
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