Microsoft appealing class action suit
A judge slapped a class action certification on Microsoft’s “Vista Capable” debacle on February 22, 2008.
The charges are that the majority of Windows Vista Capable PCs can only really operate Vista Home Basic which does not include any of the enhanced features of the Premium version. Additionally, Microsoft gave PC-buying customers an Express Upgrade Guarantee Program in October 2006 — this appeared to allow Windows Vista Capable PC consumers to receive upgrades for little or no extra cost, but the reality was, the upgrade only applied to those who already had the Vista Home Basic installed.
This class action lawsuit, however, will have a few restrictions: the plaintiffs cannot use the legal argument that Microsoft deceptively advertised to get costumers to buy PCs they would not have purchased; the class could use the theory that artificial demand was created for PCs running only Vista Home Basic which made consumers pay more than they would have for “Windows Vista Capable” PCs; the class cannot file for injuries for participating in the Express Upgrade program until they name a plaintiff who did so.
Microsoft is now appealing against this class action suit.
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