Wednesday, April 04, 2007

Windows Vista Class Action

Last week, a class action was filed against Microsoft for for deceptive practices in marketing Windows Vista. According to the complaint (which you can read here courtesy of the Seattle Post-Intelligencer), while Vista's release was being delayed, computers were sold with stickers identifying them as "Vista capable," even though the only version of Vista they can run is Vista Home Basic. That edition does not include the cool features that ostensibly make Vista different from its predecessors. The complaint quotes an unnamed reviewer for the proposition that Home Basic is "the most pointless edition of Windows that Microsoft has ever released." As someone who once purchased a computer that was Windows ME capable and then foolishly redeemed the coupon to "upgrade" from Windows 98 when ME became available, that strikes me as extremely damning.

The case was brought in federal court as a diversity action, which is permissible under the Class Action Fairness Act of 2005, since it alleges more than $5 million in damages and there is minimal diversity of citizenship. As to liability, it alleges unfair or deceptive practices under the consumer protection law of all 50 states and the District of Columbia. The key to winning this case for the plaintiffs will be showing that Microsoft misled consumers into thinking that "Vista capable" meant capable of doing all the cool things that Vista has been advertised as able to do, rather than capable of running an OS called "Vista." I would imagine that Microsoft will resist class certification on the ground that how individual PC makers and retailers used the stickers varied enormously and that state law differs greatly from state to state, so that nationwide class treatment is inappropriate. On the merits, according to press accounts, Microsoft contends that it has been careful to distinguish between different versions of Vista.

I went to the Vista homepage and while it's true that you can find the appropriate distinctions, you're immediately drawn to look at the "aero" and other features that have featured in the advertising campaign but don't run on Vista Home Basic. So if the plaintiffs can get by class cert, I think they have a decent chance of prevailing. Of course, it seems highly unlikely that the case would go to trial rather than settle. The question would then be for what. I'm not a big fan of coupon settlements, and current law requires special approval for coupon settlements, but at least for people who bought machines that are in fact capable of running more advanced versions of Vista, a coupon for such a version at the price that Windows Home Basic was promised seems like a fair deal. The harder remedial question is what to do for the people who bought machines that lack the hardware to run one of the more sophisticated versions. Those people won't benefit from a coupon for Vista.


egarber said...

Throw in the fact that the full Vista is a gigantic memory hog. I've been told that you basically need 2G of RAM for the thing to work well.

Unknown said...

My brother was one of such customers who bought a "Windows Vista Capable" PC but could only run the Home version. We've been following this case for awhile now. Kudos to that lady in Seattle for picking a fight with Microsoft.

here are a few articles that may be of interest:

Seattle Post Intelligencer article Microsoft sued over Windows Vista marketing

Info World’s story

Tripp said...

@Gb.... forget that. Even 4Gb on a Dell Latitude 830 is slower than molasses.

Anonymous said...
This comment has been removed by the author.
Anonymous said...

I am a proficient user of PCs (since 1989) - I currently own an HP Pavillion DV 6000 I purchased on October 2006 - that was labeled as "Windows Vista Capable" -

It came installed with Windows XP Media Center Edition - I never tried "upgrading" to Vista - instead, I purchased another PC at the beginning of February 2008 - Another HP DV9700t that came with Windows Vista (HP no longer offers a choice of having XP installed) I took the "Windows Vista Ultimmate" - 64 bit version -

Let me tell you - Ultimate Crap is what it should have been specified -

I can't list all the issues I found with Vista during the week I (really) tried to make it work - but here is a major one:

1. I Could not transfer all of my files - I didn't have 3 months to wait around for that!

I have some 300 gigs of data on an external hard drive - it's an ACOM 320 Gig Hard drive running at 7200 rpm with a Firewire connection -

I tried migrating content slowly - that means installing one program, then migrating some files and seeing how everything behaves - I'm not new to Windows - I've been a user since Version 3.1 - or was it 3.0? Anyway, When I tried moving 20 gigs of files, my machine began to tell me that it would take 4 hours and change - then it upgraded the time to 8 hours 24 minutes - when I finally got someone from HP's tech support on the phone (of course I know it should only take about 20-30 minutes), the Windows status was informing me that my wait would be over 11 hours and 33 minutes - FOR **only** 20 gigs of data!!!

Specs on this brand new laptop running Vista are:

􀁺 Windows Vista Ultimate (64-bit)
􀁺 Intel(R) Core(TM) 2 Duo Processor T7500 (2.20 GHz, 4 MB L2 Cache, 800MHz FSB)
􀁺 4GB DDR2 System Memory (2 Dimm)
􀁺 512MB NVIDIA GeForce 8600M GS
􀁺 Intel(R) PRO/Wireless 4965AGN Network Connection and Bluetooth(TM)
􀁺 240GB 7200RPM SATA Dual Hard Drive (120GB x 2)

Besides this MAJOR problem of Slow Data Trasfer Rates (I later read mentioned about on trustworthy websites like there are hosts of issues that I noticed with this Vista Operating System - too many to waste my time mentionning - Because:

1. It's not worth my time writing or your time reading.

2. Because you should NOT even think about buying ANYTHING that has Windows Vista installed on it - for MONTHS to come!

Microsoft SHOULD get sued for releasing such a FLAWED product and TYING the hands of companies like HP from being able to sell a system with an XP Operating System - I liked the HP machine (Great Specs!) - the Operating System is WORTHLESS!

I am switching to an Apple as soon as I get my FULL refund from HP (and I am familiar with the Mac OS - so I don't suggest you do it unless you are too - and I use the ENTIRE family of Adobe Products for design - so it makes sense for me)

If you are in the market for a PC, I suggest that you shop around and make sure that you get a PC with Windows XP (Factory Installed) until at least after Microsoft release the SECOND patch for their (currently) beyond flawed Windows Vista Operating System - for example still sells systems with XP (as of 3/3/2008) -

Bets of Luck - DON'T BUY Anything with VISTA on it until at least Spring or Summer 2009! No Kidding!


Anonymous said...

免費A片, ut聊天室, AV女優, 美女視訊, 免費成人影片, 成人論壇, 情色交友, 免費AV, 線上a片, 日本美女寫真集, 同志聊天室, 聊天室交友, 成人文章, 成人圖片區, 色情網站, 辣妹視訊, 美女交友, 微風成人區, 色美媚部落格, 色情影片, 成人影片, 成人網站, 免費A片, 上班族聊天室, A片,H漫, 18成人, a漫, av dvd, 一夜情聊天室, 微風成人, 成人圖片, 成人漫畫, 情色網, 日本A片, 免費A片下載, 性愛, 成人交友, 嘟嘟成人網, 嘟嘟成人網, 成人貼圖, 成人電影, 成人, 中部人聊天室, 080中部人聊天室, 成人貼圖, 成人小說, 成人文章, 成人圖片區, 免費成人影片, 成人遊戲, 微風成人, 愛情公寓, 成人電影, A片, 情色, 情色貼圖, 情色文學, 做愛, 成人遊戲, 成人影城, 色情聊天室, 色情小說, 一葉情貼圖片區, 情色小說, 色情, 寄情築園小遊戲, 色情遊戲, 成人網站, 麗的色遊戲, 色情網站, 成人論壇, 情色視訊, 情色電影, aio交友愛情館, 言情小說, 愛情小說, 色情A片, 情色論壇, 自拍, 癡漢, , 俱樂部, 豆豆聊天室, 聊天室, 色情影片, 視訊聊天室, 免費視訊聊天, 免費視訊, 視訊交友90739 情人視訊網影音視訊聊天室 免費視訊聊天室 視訊聊天 視訊交友 美女視訊 視訊美女 視訊 免費視訊 免費視訊聊天 視訊聊天室 辣妹視訊 一夜情 色情a片 aio交友愛情館 情色電影 情色視訊 色情遊戲 色情 情色小說 一葉情貼圖片區 色情小說 色情聊天室 情色交友 成人論壇 成人網站 色情網站 情色論壇 小高聊天室 女同志聊天室 6K聊天室 080苗栗人聊天室 080聊天室 聊天室尋夢園 UT男同志聊天室 男同志聊天室 尋夢園聊天室 UT聊天室 聊天室 豆豆聊天室 A片 成人電影 成人貼圖 嘟嘟成人網 美女交友 本土自拍 成人交友 成人影片

Anonymous said...

酒店喝酒,禮服店,酒店小姐,酒店經紀,制服店,便服店,鋼琴酒吧,兼差,酒店兼差,酒店打工,伴唱小姐,暑假打工,酒店上班,日式酒店,舞廳,ktv酒店,酒店,酒店公關,酒店小姐,理容院,日領,龍亨,學生兼差,酒店兼差,酒店上班,酒店打工,禮服酒店,禮服店,酒店小姐,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,經紀 彩色爆米花,經紀人 彩色爆米花,酒店傳播,酒店經紀 彩色爆米花,爆米花,童裝,童裝拍賣,童裝大盤,童裝寄賣,童裝批貨,酒店,酒店,童裝切貨,酒店,GAP童裝,酒店,酒店 ,禮服店 , 酒店小姐,酒店經紀,酒店兼差,寒暑假打工,招待所,

Anonymous said...

酒店喝酒,禮服店,酒店小姐,制服店,便服店,鋼琴酒吧,兼差,酒店兼差,酒店打工,伴唱小姐,暑假打工,酒店上班,日式酒店,ktv酒店,酒店,酒店公關,酒店小姐,酒店兼差,酒店上班,酒店打工,禮服酒店,禮服店,酒店小姐,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,台北酒店,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,禮服店 ,酒店小姐,酒店經紀,酒店兼差,寒暑假打工,酒店小姐,經紀 彩色爆米花,經紀人 彩色爆米花,酒店傳播,酒店經紀 彩色爆米花,爆米花,童裝,童裝拍賣,童裝大盤,童裝寄賣,童裝批貨,酒店,酒店,童裝切貨,酒店,GAP童裝,酒店,酒店 ,禮服店 , 酒店小姐,酒店經紀,酒店兼差,寒暑假打工,招待所,酒店小姐,酒店兼差,寒暑假打工,酒店上班,暑假打工,酒店公關,酒店兼職,酒店經紀

Anonymous said... . .
[url=]puma shoes[/url]
[url=]chaussures puma[/url]
[url=]nike air max ltd[/url]

Anonymous said...

酒店經紀人, 菲梵酒店經紀, 酒店經紀, 禮服酒店上班, 酒店小姐兼職, 便服酒店經紀, 酒店打工經紀, 制服酒店工作, 專業酒店經紀, 合法酒店經紀, 酒店暑假打工, 酒店寒假打工, 酒店經紀人, 菲梵酒店經紀, 酒店經紀, 禮服酒店上班, 酒店經紀人, 菲梵酒店經紀, 酒店經紀, 禮服酒店上班, 酒店小姐兼職, 便服酒店工作, 酒店打工經紀, 制服酒店經紀, 專業酒店經紀, 合法酒店經紀, 酒店暑假打工, 酒店寒假打工, 酒店經紀人, 菲梵酒店經紀, 酒店經紀, 禮服酒店上班, 酒店小姐兼職, 便服酒店工作, 酒店打工經紀, 制服酒店經紀,,