Class Action Lawsuit Claims 'Vista Capable' is Misleading

Iria · Apr 4, 2007, 03:54 AM

Source: BetaNews
_______
A lady in Washington state who apparently purchased a computer in late 2006 bearing the "Vista Capable" sticker, and who only later discovered it was only capable of running Vista Home Basic, has filed a class action lawsuit against Microsoft in her home state, seeking in excess of $5 million.

GeneralClaymore · Apr 4, 2007, 06:24 AM

eh how is it MS fault that she bought a comp with a vista logo on it. shouldnt she be sueing the store not MS. plus sueing for 5mil . that computer isnt worth 5 mil. i hope the judge throw the case out.

People are alittle sue happy today.

BlueMak · Apr 4, 2007, 08:09 AM

For once I am in favour of something like this. This whole bullshit of "capable" and "ready" that try to fool in customers in buying equipment. Same thing happened with HD-TVs.
I say good luck to her.

WaltC · Apr 4, 2007, 11:55 AM

Quote:

Originally Posted by GeneralClaymore

eh how is it MS fault that she bought a comp with a vista logo on it. shouldnt she be sueing the store not MS. plus sueing for 5mil . that computer isnt worth 5 mil. i hope the judge throw the case out.

People are alittle sue happy today.

In all actuality, the "lady" is most likely not suing anyone herself, but is merely a shill who has agreed to be used by the lawyer who is the one actually bringing this particular class action suit. Lawyers can't bring class actions without being able to produce at least one "victim" to parade before the court. As with all such nuisance suits, the lawyer bringing it is hoping for a quick settlement wherein he'll get 90% of the settlement amount and the "victim" will get 10% (if she's lucky.) Most of the "victims" that lawyers use to bring this particular kind of class action law suit get practically *nothing* in the end, even if a settlement takes place--while the lawyer(s) get pretty much all of it. It's a con game, no doubt about it. I'm guessing that Microsoft won't settle this, though--and that the lawyer bringing it will drop it fairly soon--and if he doesn't I'm sure it will be thrown out early.

GutterPunk · Apr 4, 2007, 01:11 PM

It is vista ready, it will take VISTA so stop complaining. As long as a version of VISTA can be installed I think M$'s butt should be covered. Anyways, she should be going after the computer manufacturer because M$ doesn't control what hardware goes into what. That is the beauty of Windows, it will run on nearly any hardware. Anyways if she wanted ultimate she should have known or even looked at the minimum requirements. Blegh this just sickens me. It is rediculous and "vista ready" was a selling point for manufacturers more than M$.

GutterPunk · Apr 4, 2007, 01:13 PM

Quote:

Originally Posted by BlueMak

For once I am in favour of something like this. This whole bullshit of "capable" and "ready" that try to fool in customers in buying equipment. Same thing happened with HD-TVs.
I say good luck to her.

Microsoft isn't putting the whole "capable or read" on the computers. That would be the manufacturer. They put it on there based on the specifications of the computer compared to the minimum requirements of different vista versions. It is like some people have sold PCs with 64MB of ram and a p1/2 233mhz computer with XP. It worked and was xp capable but it ran slow as freaking crap. Give me a break... this is lame and may be worthy of political discussion.

GutterPunk · Apr 4, 2007, 01:22 PM

I would also like to add in curiousity and to see what you all think.

I dont know if everyone else knows this but there was an XP lite version. It was released to 3rd world countries to reduce piracy. Also to add, that Windows has done an awesome job being able to make computers affordable to anyone. Home basic is just a cheap lite version of Vista, with a new experience from xp. This could very well be the same situation, a cheaper low grade, knocked down version of windows where people will be happy for a cheaper OS and a cheaper computer. It may also help reduce the amount of piracy that floats around (maybe?!).

**temeteus82** · Apr 4, 2007, 01:39 PM

They should mark the computer's Vista Home ready etc etc...

BlueMak · Apr 4, 2007, 02:00 PM

Quote:

Originally Posted by GutterPunk

Microsoft isn't putting the whole "capable or read" on the computers. That would be the manufacturer. They put it on there based on the specifications of the computer compared to the minimum requirements of different vista versions. It is like some people have sold PCs with 64MB of ram and a p1/2 233mhz computer with XP. It worked and was xp capable but it ran slow as freaking crap. Give me a break... this is lame and may be worthy of political discussion.

Perhaps you should first read the article.
To quote

"Microsoft has created two designations for Vista-ready systems. A Windows Vista Capable system has the minimum hardware required to deliver the core Vista experience. A Windows Vista Premium Ready system is capable of delivering the premium Vista experiences, including the Windows Aero desktop interface. You'll want to analyze how each system is used in your office to determine which set of requirements is appropriate."

End quote.

While the PC sellers actualy place the words on the machines, it is Microsoft's idea, strategy and direction for the actual words used. They try to manipulate the public.

GutterPunk · Apr 4, 2007, 02:10 PM

Quote:

Originally Posted by BlueMak

Perhaps you should first read the article.
To quote

"Microsoft has created two designations for Vista-ready systems. A Windows Vista Capable system has the minimum hardware required to deliver the core Vista experience. A Windows Vista Premium Ready system is capable of delivering the premium Vista experiences, including the Windows Aero desktop interface. You'll want to analyze how each system is used in your office to determine which set of requirements is appropriate."

End quote.

While the PC sellers actualy place the words on the machines, it is Microsoft's idea, strategy and direction for the actual words used. They try to manipulate the public.

I read it I saw that. It has also been public for more than a year the specifications required to run each version of vista. I find it lame that someone is complaining that they bougtha computer that is vista capable and WHICH IT IS and complain. If i buy a system that says vista capable and expect it run ultimate or even run high end versions i'd call myself an idiot. If it says it is capable that only means it will run vista, no specifics on which version so that leaves it up to the consumer to look into what they are buying. They put it on tech tv, many websites, and i saw it on another news channel the difference between home basic and premium. I think its dumb and i hope it doesn't go through.

Nonetheless do you expect to buy a $400-500 computer that will run vista home premium and above when people have been speculating expensive upgrades to run it?

BlueMak · Apr 4, 2007, 02:55 PM

I think you are expecting too much. Not every person that buys a PC is enough computer literate as the average tech forum member.

I believe she has a valid point.

GutterPunk · Apr 4, 2007, 03:27 PM

I feel the upgrade saying home BASIC. It is basic for a reason. Also home premium... its premium for a reason. Just like gasoline. For those who jump on the latest and greatest bandwagon without research anger me when they dont get what they expected. Home premium in most instances is quite a bit more expensive than Basic and XP. When you pay the same for XP and get an upgrade to vista... what do you expect? Now if it was XP and an upgrade to vista for $50 that would make sense to get home premium.

Judas · Apr 4, 2007, 05:21 PM

she should be sueing the company that plastered vista capable on the machine.. not ms....

BlueMak · Apr 4, 2007, 10:30 PM

But it's Microsoft's fault for the term capable that is used on machines that can barely run only Vista Basic. The PC makers just follow the guidelines/instructions. I believe she should have sued both.

GutterPunk · Apr 4, 2007, 10:35 PM

it can run vista... thats all it says and it does

Judas · Apr 4, 2007, 10:43 PM

actually that's quite correct....

she'll have to get capable redefined before she can sue...

Zelig · Apr 4, 2007, 10:47 PM

Quote:

Originally Posted by GutterPunk

it can run vista... thats all it says and it does

I agree with you dude, this is a frivolous case, and should be thrown out of court.

FWIW, Vista Starter is announced for availability in emerging markets. It's limited to 32-bit mode, budget processors, 256 MB of memory and 3 applications open at one time. With those limitations, I'd much rather stick Fedora or the like on, but I guess some people will find it useful...

Apr 4, 2007, 03:54 AM	#1
Iria DriverHeaven Extreme Member Join Date: Apr 2004 Posts: 7,275 Rep Power: 89	Class Action Lawsuit Claims 'Vista Capable' is Misleading Source: BetaNews _______ A lady in Washington state who apparently purchased a computer in late 2006 bearing the "Vista Capable" sticker, and who only later discovered it was only capable of running Vista Home Basic, has filed a class action lawsuit against Microsoft in her home state, seeking in excess of $5 million.

Apr 4, 2007, 06:24 AM	#2
GeneralClaymore HardwareHeaven Senior Member Join Date: Oct 2004 Location: MI Posts: 434 Rep Power: 0 System Specs	eh how is it MS fault that she bought a comp with a vista logo on it. shouldnt she be sueing the store not MS. plus sueing for 5mil . that computer isnt worth 5 mil. i hope the judge throw the case out. People are alittle sue happy today. __________________ Source: x-fi titanium hd 2x LT1124ACN+ 2x LT1115 > Matrix M-Stage V2 /w 2x LME49710NA> DT880 pro 250ohm

Apr 4, 2007, 08:09 AM	#3
BlueMak HH's Asteroids' Dominator Join Date: Nov 2004 Location: Hellas->Macedonia->Thessaloniki Posts: 13,465 Rep Power: 349 System Specs	For once I am in favour of something like this. This whole bullshit of "capable" and "ready" that try to fool in customers in buying equipment. Same thing happened with HD-TVs. I say good luck to her. __________________ The people who are regarded as moral luminaries are those who forego ordinary pleasures themselves and find compensation in interfering with the pleasures of others(Bertrand Russell)"You go into Afghanistan, you got guys who slap women around for five years because they didn't wear a veil,You know, guys like that ain't got no manhood left anyway. So it's a hell of a lot of fun to shoot them." - Lt. Gen. James N. Mattis This is slavery, not to speak one's thought. [Euripides-The Phoenician Women (c.411-409 B.C.)] http://www.macedonia.info/FALLACIESANDFACTS.htm *Sic semper tyrannis.*

Apr 4, 2007, 01:11 PM	#5
GutterPunk I = Greatest Dood Join Date: Nov 2003 Location: Nebraska Posts: 5,949 Rep Power: 71	It is vista ready, it will take VISTA so stop complaining. As long as a version of VISTA can be installed I think M$'s butt should be covered. Anyways, she should be going after the computer manufacturer because M$ doesn't control what hardware goes into what. That is the beauty of Windows, it will run on nearly any hardware. Anyways if she wanted ultimate she should have known or even looked at the minimum requirements. Blegh this just sickens me. It is rediculous and "vista ready" was a selling point for manufacturers more than M$. __________________ Rock On \m/ Thank you Mousey for the Sig! --------------- Intel Core2Duo E6660 (3.4GHZ) ~ Tuniq Tower 120 ~ Enermax Galaxy 1000W ~ Corsair Dominator @ 1090MHZ 5-5-5-15 (OCZ XTC Modded Cooler)~ EVGA 8800GTX W/ HR-03 Plus 120MM ~ Asus DVD-RW LiteScribe ~ LG DVD-RW ~ Corsair Voyager 2GB ReadyBoost Drive ~ Vantec Nexus Fan Controller ~ ThermalTake Armor 25CM fan ~ Personal Finance Blog: Dent Your Debt

Apr 4, 2007, 01:22 PM	#7
GutterPunk I = Greatest Dood Join Date: Nov 2003 Location: Nebraska Posts: 5,949 Rep Power: 71	I would also like to add in curiousity and to see what you all think. I dont know if everyone else knows this but there was an XP lite version. It was released to 3rd world countries to reduce piracy. Also to add, that Windows has done an awesome job being able to make computers affordable to anyone. Home basic is just a cheap lite version of Vista, with a new experience from xp. This could very well be the same situation, a cheaper low grade, knocked down version of windows where people will be happy for a cheaper OS and a cheaper computer. It may also help reduce the amount of piracy that floats around (maybe?!). __________________ Rock On \m/ Thank you Mousey for the Sig! --------------- Intel Core2Duo E6660 (3.4GHZ) ~ Tuniq Tower 120 ~ Enermax Galaxy 1000W ~ Corsair Dominator @ 1090MHZ 5-5-5-15 (OCZ XTC Modded Cooler)~ EVGA 8800GTX W/ HR-03 Plus 120MM ~ Asus DVD-RW LiteScribe ~ LG DVD-RW ~ Corsair Voyager 2GB ReadyBoost Drive ~ Vantec Nexus Fan Controller ~ ThermalTake Armor 25CM fan ~ Personal Finance Blog: Dent Your Debt

Apr 4, 2007, 02:55 PM	#11
BlueMak HH's Asteroids' Dominator Join Date: Nov 2004 Location: Hellas->Macedonia->Thessaloniki Posts: 13,465 Rep Power: 349 System Specs	I think you are expecting too much. Not every person that buys a PC is enough computer literate as the average tech forum member. I believe she has a valid point. __________________ The people who are regarded as moral luminaries are those who forego ordinary pleasures themselves and find compensation in interfering with the pleasures of others(Bertrand Russell)"You go into Afghanistan, you got guys who slap women around for five years because they didn't wear a veil,You know, guys like that ain't got no manhood left anyway. So it's a hell of a lot of fun to shoot them." - Lt. Gen. James N. Mattis This is slavery, not to speak one's thought. [Euripides-The Phoenician Women (c.411-409 B.C.)] http://www.macedonia.info/FALLACIESANDFACTS.htm *Sic semper tyrannis.*

Apr 4, 2007, 03:27 PM	#12
GutterPunk I = Greatest Dood Join Date: Nov 2003 Location: Nebraska Posts: 5,949 Rep Power: 71	I feel the upgrade saying home BASIC. It is basic for a reason. Also home premium... its premium for a reason. Just like gasoline. For those who jump on the latest and greatest bandwagon without research anger me when they dont get what they expected. Home premium in most instances is quite a bit more expensive than Basic and XP. When you pay the same for XP and get an upgrade to vista... what do you expect? Now if it was XP and an upgrade to vista for $50 that would make sense to get home premium. __________________ Rock On \m/ Thank you Mousey for the Sig! --------------- Intel Core2Duo E6660 (3.4GHZ) ~ Tuniq Tower 120 ~ Enermax Galaxy 1000W ~ Corsair Dominator @ 1090MHZ 5-5-5-15 (OCZ XTC Modded Cooler)~ EVGA 8800GTX W/ HR-03 Plus 120MM ~ Asus DVD-RW LiteScribe ~ LG DVD-RW ~ Corsair Voyager 2GB ReadyBoost Drive ~ Vantec Nexus Fan Controller ~ ThermalTake Armor 25CM fan ~ Personal Finance Blog: Dent Your Debt

Apr 4, 2007, 10:30 PM	#14
BlueMak HH's Asteroids' Dominator Join Date: Nov 2004 Location: Hellas->Macedonia->Thessaloniki Posts: 13,465 Rep Power: 349 System Specs	But it's Microsoft's fault for the term capable that is used on machines that can barely run only Vista Basic. The PC makers just follow the guidelines/instructions. I believe she should have sued both. __________________ The people who are regarded as moral luminaries are those who forego ordinary pleasures themselves and find compensation in interfering with the pleasures of others(Bertrand Russell)"You go into Afghanistan, you got guys who slap women around for five years because they didn't wear a veil,You know, guys like that ain't got no manhood left anyway. So it's a hell of a lot of fun to shoot them." - Lt. Gen. James N. Mattis This is slavery, not to speak one's thought. [Euripides-The Phoenician Women (c.411-409 B.C.)] http://www.macedonia.info/FALLACIESANDFACTS.htm *Sic semper tyrannis.*

Apr 4, 2007, 10:35 PM	#15
GutterPunk I = Greatest Dood Join Date: Nov 2003 Location: Nebraska Posts: 5,949 Rep Power: 71	it can run vista... thats all it says and it does __________________ Rock On \m/ Thank you Mousey for the Sig! --------------- Intel Core2Duo E6660 (3.4GHZ) ~ Tuniq Tower 120 ~ Enermax Galaxy 1000W ~ Corsair Dominator @ 1090MHZ 5-5-5-15 (OCZ XTC Modded Cooler)~ EVGA 8800GTX W/ HR-03 Plus 120MM ~ Asus DVD-RW LiteScribe ~ LG DVD-RW ~ Corsair Voyager 2GB ReadyBoost Drive ~ Vantec Nexus Fan Controller ~ ThermalTake Armor 25CM fan ~ Personal Finance Blog: Dent Your Debt