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Class action suit: Microsoft used deceptive marketing
Published by: anonym 2008-08-21

Microsoft unfairly labeled PCs "Windows Vista Capable" even when the computers could only run the most basic form of the operating system, according to a lawsuit filed against the software giant on Thursday.

Prior to the availability of Vista, Microsoft launched a marketing campaign that allowed PC makers to place a sticker on computers alerting potential buyers that they could upgrade to Vista when it became available. However, "a large number" of those PCs were only capable of running the Home Basic version of Vista, which lacks many of the features, such as media center and enhanced graphics, that Microsoft advertises as included in Vista, the suit alleges.

Judge OKs class action lawsuit over Windows Vista Capable labeling::
Suit Against Microsoft Over liable if it was proven that they used such label without Microsofts permission.
http://www.webmasterworld.com/msft/3583258.htm
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The lawsuit, filed in the U.S. District Court for the Western District of Washington, seeks class action status and asks for damages. The suit notes that the amount in controversy exceeds $5 million and that the size of the class likely exceeds 10,000 people.

Many of the machines with the Vista label cannot run or poorly run Home Premium, the least expensive version of Vista that includes most of the heavily advertised features, the suit says.

Court to Microsoft: Vista Capable Appeal Denied - KezNews.com::
that Microsofts so-called Windows Vista Capable marketing campaign, ago and the plaintiffs later requested the suit be expanded into a class action.
http://keznews.com/4340_Court_to_Microsoft__Vista_Capable_Appeal_Denied
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StorefrontBacktalk - TJX Bank Class Action Denial Ruling::
that members of a plaintiff class must all have the legal right to bring suit Former Hannaford CIO: Avoid Microsoft And Change PCIs Encryption Rules
http://storefrontbacktalk.com/story/113007classactiondenialruling
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Class Action Fairness Act Blog: Events::
Just send us your submission in Microsoft Word format, and try to limit your preemption in consumer protection, deceptive trade practices and false
http://www.cafalawblog.com/cat--events.html
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In addition, when Microsoft later offered buyers of "Windows Vista Capable" computers free or reduced-price upgrades to Vista, the company offered Home Basic to many customers. "In sum, Microsoft engaged in bait and switch--assuring consumers they were purchasing 'Vista Capable' machines when, in fact, they could obtain only a stripped-down operating system lacking the functionality and features that Microsoft advertised as 'Vista'," the suit reads.

Microsoft argues that it "conducted a broad effort to educate computer manufacturers, retailers and consumers about the hardware requirements to run different versions of Windows Vista," said Jack Evans, a Microsoft spokesperson. That program is well-documented, and the information can still be found online. The company will present this information and address other issues in the suit in court, he said.




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