Microsoft’s new commercial for the company’s Zune 4GB/8GB product seems to attempt to imply touchscreen capability upon a device that lacks a touchscreen. Microsoft lacks a device that can compete with Apple’s iPod touch, a touchscreen device with the multi-touch user interface.
In the commercial a girl sitting in an outside cafe is shown touching the Zune’s screen which takes her on a trippy Alice-in-Wonderland-like journey (as opposed to the typical Zune user’s fruitless journey to find an ecosystem of accessories or even another user with whom to “squirt”):
Direct link via YouTube: http://www.youtube.com/watch?v=V0ZWXIf1Jq8
[Thanks to MacDailyNews Reader “Michael” for the heads up.]
Do you think that the average person viewing this ad could be confused and expect a Zune to have touchscreen capabilities? If so, they’ll likely be quickly returning their Zune post-haste. Maybe Microsoft hopes to make money on Zune restocking fees, since they can’t seem to sell the devices based on their actual merits in any meaningful numbers.
Advertising in the United States is regulated by the Federal Trade Commission (FTC), a United States administrative agency, to prohibit, “unfair and deceptive acts or practices in commerce,” according to Wikipedia in their entry “False advertising.”
Wikipedia further states, “What is illegal is the potential to deceive, which is interpreted to occur when consumers see the advertising to be stating to them, explicitly or implicitly, a claim that they may not realize is false and material. The latter means that the claim, if relied on for making a purchasing decision, is likely to be harmful by adversely affecting that decision. Evidence must be obtained for what consumers saw the ad saying, and for the materiality of that, and for the true facts about the advertised item, but no evidence is required that actual deception occurred, or that reliance occurred, or that the advertiser intended to deceive or knew that the claim was false. The goal is prevention rather than punishment, reflecting the purpose of civil law in setting things right rather than that of criminal law. The typical sanction is to order the advertiser to stop its illegal acts, or to include disclosure of additional information that serves to avoid the chance of deception, but there are no fines or prison time except for the infrequent instances when an advertiser refuses to stop despite being ordered to do so.”
Do you think this Zune ad constitutes false advertising?
MacDailyNews Note: The song — which you can buy via Apple’s iTunes Store 
— is “Lake Michigan” by Rogue Wave.
Yep, it’s a slow news day.
Can’t fault MDN for trying.
like all ms products, “its good enough”
I’ll have to take your word for it. I can’t force myself to watch a zune ad.
Nothing happening on the Mac side, let’s see what Micros**t is doing bad.
How about asking if **anyone** is planning to actually buy the MBA?
It’s obvious. The ad shows a young woman who mistakenly bought a Zune because she was so high on hallucinogenics that she couldn’t account for her actions.
someone better call the DEA about that commercial, it is promoting drug abuse.
this is your brain on windows
I think the jelly fish are synonymous with the real influence of this commercial…….mushrooms.
And with mushrooms, anything you touch can change, including your own face.
Look for a new Zune update to arrive one spring morning after a rain. Be sure to look in the piles of bull sh!t…..
Just like having two Sundays in a row…
I thought it has a touch screen! Funny.
MN
I’m not so sure it implies touchscreen capability, I think it’s more inline with the whole Alice in Wonderland thing you mentioned.
Not sure what demographic they’re trying to hit with this ad either. It certainly isn’t mine.
What a piece of crap…
Do Zunes come with a tab of LSD now? That’s the only way you could deliver the experience the commercial promises.
Ew. That commercial blows.
Is that Ballmer in the chair on the left? just there at the 21 second mark. I would have expected him to toss a chair.
One of Apple’s ad’s falsely advertises malware invulnerability. I mean, well, if you wanna get picky and all.
That was pretty trippy. I don’t think it implied touchscreen capability, though.
i dunno. it barely shows it but still seems to be the focus at the beginning and the end. could be confusing. at the same time, a bit harsh. i mean anything else to cover?
I’m with Winston. I think it promotes that in order to enjoy your Zune you have to be loaded up on LSD!!!!
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Okay, actually the commercial is not bad. It’s a bit cryptic, as it really doesn’t show you anything in regards to the capabilities of the Zune. Probably a good move on MS part to not show anyone that.
Otherwise, it would show exactly as to what that product is. Simply a shadow of an iPod or iPod Touch. So they go into the ethereal, non corporeal method of showing you its perceived ability to put you in that mood and pleasure.
Unlike the iPod its reality based fun, pleasure and functionality.
@Australasia
Considering it mightily, mate. The only thing that bothers me is lack of firewire. I develop industrial training for clients, and many times I will film people doing a task and then extract stills from iMovie (I have no need for high-end video editing, so don’t tell me I want the wrong machine). I am looking at other ways of getting movies from my video camera to the MBA, or it’s a deal breaker.
Why do I want one? Weight and backlit keyboard sold me.
Currently have a 3-year old 12″ iBook needing replacement…Why not a MBP? Too big for the cheap seats on the plane, and I want super-portable.
I think MDN is definitely reaching with this one. The touching gesture is clearly meant as a response to the image in the screen. And I would note that they clearly show the girl using the “squircle” pad to control the Zune right before she touches the screen.
Don’t. Even. Go. There. MDN.
What about those smug MAC and PC commercials? The deception and outright falsehoods are blatantly obvious in every one—unless you’re a MAC sheep.
Hold your head up high, Microsoft, and thank you for not stooping to Apple’s typically dirty, dishonest and underhanded marketing style. Just keep letting the quality of Zune speak for itself and the consumers will flock to your door.
My beloved Zune is the reason chairs are flying in Cupertino.
Your potential. Our passion.™
You really make me laugh, Zune. I consider Microsoft’s attempts to sell the Zune to be something like American sports attempt to sell a ‘World Series’, where the sports concerned never play teams from outside the continental United States. When the Zune sells in international markets in the sort of numbers that the various iPod models do, then Microsoft might consider their silly badge-engineered Toshiba knock-off a real competitor. As it is it’s just a joke.
Oh, and I do know that all of your posts have an invisible [sarcasm] [/sarcasm] at each end. Just thought I’d use your post to show the point of view of someone who never has and never will see one of the poxy things on sale in his home country.
Well, that commercial pretty well stops any guy from ever touching a Zune for fear of sexual harassment… and even the most feminine teens would be saying that is way to young for them. I guess this is a 10 year campaign hoping to focus on 5 year old girls.
MW = men!
You’d think that Microsoft would be able to employ a great advertising company with the billions they have in the bank… but by that logic they could also have an easy-to-use, fully functional operating system… which they don’t.
Apple has already shown that the way you spend the money rather how much you spend is more important.
This ad says “Zune, for really unhip children who still believe in fairytails”. Good luck with that one, MS.
I think the only ones on LSD were the guys who approved this ad!
What’s with the pink bunny rabbits? iPod is cool, and appeals to the youth of today. Pink rabbits appeal to 6 year old girls. Is that really MS’s target market
Honestly, I’ve seen this ad twice. Months ago. Is it even still airing?
Yes, it does seem to imply a touch screen, which simply does not exist on a Zune. Unless you are in that twisted world pictured in the Ad. Or are Zune Tang. Either or.
Perhaps we could tack on false advertising to the myriad of other legal problems Microsoft faces (X-box, anti-trust, etc).
Hum….
Oh thats the new Zune 3.0.. Wont be out for 5 year…
Who cares?
The ad’s a mercifully brief trip to vomit city anyway.
No, I think the producers had a bit too much blow. That or they really are like jellyfish, 99% water, no brains and no anus.
Finally an ad that shows how wonderful life is with a Zune. This will be the death of all iPods.
The average person won’t pay any attention after about 5 seconds – but yes, the implication of touch sensitive is there right at the end, but nobody will care and neither do I.
What is the song and artist in the new Macbook Air commercial?
Only an idiot who doesn’t know a thing about Alice Through the Looking Glass would draw this conclusion. I don’t think it falsely advertises touch ability in the least. For one, she is only shown touching the screen once, and its to draw her finger back at the end. And she is previously shown navigating with the square weird thingy.. umm squricle or whatever. Had they shown her manipulating the device via the screen, then yes. But its pretty obvious that the advertisement wanted to imply the idea that the device “takes you to another world” and not that it has a touch screen. Of course that world it takes you too is probably in line with the excitement of the Tower of London. Although none of us will ever know because we will never own a Zune… or even know someone who does own a Zune.
We’re sorry, this video is no longer available???
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To jon1:
The song in the MacBook Air commercial is “New Soul” by Yael Naim. It’s on the iTS.
Easy, this is Microsoft’s answer to Apple’s Ellen Fleiss ad.
This is such a cheesy commercial. Worse than the touch screen inference are the attempts to use avant-garde conceptual imagesm, which fall short of being interesting or innovating. I especially dislike the scene near the end where, the girl swims with the sperm…WTF?
Umm, she never touched the screen in the commercial. She reached for the screen and it all of a sudden turned into an interdimensional window. Now if you want to sue Microsoft for falsely implying that the Zune has Stargate abilities then be my guest.
I thought the ad was beautiful. Perfect.
Makes the Apple ads look even better. If it was a good ad, a few more people might actually have bought a Zune over an iPod. Whew. Dodged that bullet.
Crap. Drugs are starting to fade. Now where were those ‘shrooms?
Considering that there are a lot of touchscreen devices (besides the iPhone/iPod touch), this commercial gives the impression that the Zune is “touch” capable. Even though it might not be deceptive advertising, I still find it to be pretty sleazy.
Not that it matters to me… I wouldn’t be caught dead with a Zune ;o)
forget about the zune. it is done. I want to know how Microsoft gets by calling its synchronizing framework as implemented in a few new cars as being called “Sync”.
Does Microsoft’s new Zune commercial falsely advertise nonexistent touchscreen capability?
No. The little girl touches her own reflexion in the screen and goes “Through the looking-glass” into different worlds, not pink rabbits only. This will not make me bye a Zune, but the ad is “averagely” well done.
I agre with Winston and others. All of the Zune ads I’ve seen look like the poor fools are on a bad acid trip
That was a really lame commercial.
I think it definitely tries to imply a touch-screen, it also steals the whole “touch your music” thing from Apple as well. However, given the kind of crap they are allowed to put in commercials nowadays (with microscopic, impossible to read disclaimer at the bottom), I don’t think anyone would have a hope of taking this to court or stopping them from showing it. If MS’s PR company picks up on people’s reaction, they *might* put a disclaimer at the bottom in said microscopic type, but that’s it.
When the truth in advertising acts were written, (1970’s) this would definitely be the kind of thing they were fighting against, but so would at least half of all advertisements on TV today. Back then it was considered that adverts should be reasonable and not try to mislead. Sadly, that view has not survived at all and the “truth in advertising” people are pretty much only funded so that the advertisers can point to the existence of the organisation in their PR material.
There certainly are a lot of “a touch makes something happen” visual analogies in that thing.
If you are Microsoft, and if someone makes the bogus connection from the ad, do you think they will take any steps to clear it up?
Aren’t we constantly told by ad people that the image is what matters?
Micro$oft proves yet again that they are clueless when it comes to marketing their products! But then again, it must be difficult trying to make commercials that imply “coolness” when the products themselves are not “cool”. Just like the Zune, Micro$oft’s commercials are a laughingstock!
smart advertising
I don’t think they have insinuated that the Zune has a touch screen, what I think is that they have a trippy advertisement that doesn’t ay anything about the product.
That was a bad commercial…
Almost, Worst. Commercial. Ever. Almost.
OF COURSE IT’S FALSE ADVERTISING!!! How many Zune owners do you know that are actually smiling?
You’ve got to be kidding. She’s clearly using the pad on the bottom to navigate the UI. And I thought Apple fanboys were supposed to be a creative bunch.
this is less deceptive than Apple not disclosing in it’s “Get a Mac: Time Machine” ad that Time Machine requires the purchase of an optional external hard drive. The feature comes with Leopard but is not operational until one buys an external drive equal to or greater than the built in drive on one’s mac. Tsk Tsk. That’s false advertising.
No false advertising. Noone could reasonably infer that they will be literally transported to a magical world by touching the Zune’s screen. It is all figurative. The girl is going “through the looking glass.” Does that mean that Microsoft is falsely claiming the Zune has a mirror? No.
I had to recoil and exit at the beginning with the pink fuzzy bunnies. I think this commercial was completely in line and made no false claims. I find the zune even more distasteful now.
I think anyone dim enough to buy a Zune is probably dim enough to think it has a touch screen. But then, since it’s a Microsh*t product, they’ll probably just assume the touch screen isn’t working and live with it.
What I find even sadder, though, is that the band in the commercial, Rogue Wave, shouldn’t have to pimp Microsh*t products. Rogue Wave is one of the best unknown bands out there and I highly encourage everyone to check out their music. If the Zune connection turns you off, RW also participated in the recent iTunes giveaway at Starbucks with the same song.
What u folks smokin…. My land this was out 3-4 mos ago. And as far as touch techonology, if you paid attention to the CES look for the tabletop touch technology. This thing has a future in resturants, hotels, airports, govt buildings, college and high school campuses…etc the list goes on and on. Any place that can use a information and ordering kiosk interface for the ease of the consumer.
Whats the matter fanbois cant get past the limited vision of der Fuerher Jobs to see the possibilties.
Bill Gates has always had this vision of human to technology interface interwoven into the everyday tasks.The media center pc, media extenders, zune-xbox-pc streaming, Ford Sync, virtualization, central med records server, office productivity and that list goes on and on.
yeah any retard could tell that the person was using the zune pad to navigate through it. how can you guys be so ignorant?
@makemineamac and toasty
Of course the ad is created for the purpose to imply a touch screen. The girl touches the screen not once, but twice; at the beginning and at the end. In a time sensitive media such television commercials, you don’t waste time showing the same image or action unless that is a key message. There is a lot of fun stuff going on in the ad, but notice that it is completely bookended by the image of a finger touching the screen. No accident my friends.
The ad definitely suggests touchscreen capability. The question is: Will the people who are dumb enough to buy a Zune be smart enough to remember that they thought the Zune had a touchscreen when they bought it?
Microsoft continues to produce commercials that make the Zune name synonymous with all things “uncool”. The commercials are always ‘cringeworthy”. Visit YouTube.com and you will find numerous examples of Zune commercials which leave leave you asking “Just what were they thinking?”! The few local retailers carrying the Zune near me are having a tough time unloading the few Zune accessories that they tried to sell after the original Zune launch. When Microsoft launched the second generation of Zunes there were virtually no new Zune accessories to be found. Obviously, retailers didn’t feel like getting burned twice! It must really hurt over at Microsoft because they just can’t get any real traction in the market with the Zune product line! Apple will always be light years ahead of them!
a girl sitting in an outside cafe is shown touching the Zune’s screen which takes her on a trippy Alice-in-Wonderland-like journey
I dunno, maybe MS is down to lacing the screens with LSD.
They say people turn to the 60’s drugs when they can’t handle reality. Seeing the prospects of MS’s reality, I expect MS to turn into a hippie compound anytime now.
“Where do you want to trip today…?”
Lame!
Yeah, you’re reaching MDN. The only thing that should be illegal about this ad is its lack of originality. Aren’t there laundry detergent ads based on the same premise?
uh well the commercial does show that she touches the screen but I don’t think thats what they are going for! Overall the commercial isnt bad but doesn’t show off anything of the product!!!
Isn’t it sad that Apple’s fans can make better commercials than MicroSoft with all their billions?
I think I saw this movie already, 20 years ago, it was called Labyrinth with Jennifer Connolly and Sting, and Jim Henson’s Muppets.
She’s so stoned I think she just confused the zune with the BigAss® Table.
If our protagonist could have gotten the giant fluffy rabbits into the water with the giant stinging jellyfish — THAT would have been an ad worth remembering.
*yawn* much ado about nothing
macdailynews should open their eyes a bit “More”. The video does not show MS promoting touch screen caps… but Visual/video quality.
Of course, Apple “gets” how to show a young stoner
Holy SHNIKEEES! I just saw the Zoon commercial with the dancing pink bunnies (?)..
What the heck is IN that Zoon water? I want some!
Seriously though, what exactly are they advertising? An experience that takes you away into pink-bunny & furry pig land?
And watch the commercial’s iPod like touches:
–She… let’s call her Alice….delicately touches the Zune pad with a single finger.
– Alice then looks into a window (?) and “touches” the glass
–After leaving bunny-land she swims up & “touches” the glass to escape..
–Then, as the camera looks at her face (and thus the back of the Zune) she “touches” the zune screen.
Nice touch Microsquish.
John
Fairbanks, Ak
(I only saw it once & went into convultions afterwards, so if I don’t remember it right, blame the laughter.)
And the lyrics to that Microsoft ad are deep too!
Heaven is a switchboard that you want to fight
she would even miss you if you taught her sight
power politician leaning to the right
baby’s got a trust fund
that she’ll want to go off like that
get off of my stack
leave a little window
get off of my stack
There! Now THAT makes me want to buy a Zune!
T.T.,
“Of course, Apple “gets” how to show a young stoner”
This girl is why birth control was invented. Can you imagine how proud her parents are? What a waste of space; in college and on earth.
“Do you think that the average person viewing this ad could be confused and expect a Zune to have touchscreen capabilities? “
No, but maybe some kind of retarded person.
wow i can’t believe you all mistook an advertisement that happens to be an “alice in wonderland” appeal to it. there is nothing in it [advertisement], there is no need to have a touch screen, although the screen size is more then large enough to have a touch screen, but if there were to be a touch screen, it would be a more hefty price, atleast $50 USD more.
I own a 30GB Zune, and I love it. I have not had a single problem with it. I have 3 iPod user friends that took a look at my Zune and they love it, and are actually up to dropping the iPod, and switching to Zune. They love the screen size ease of use, the touch pad, although not touch sensitive it is not as jumpy as the iPod, and yes I have used an iPod, and I know that you can change the touch settings on the iPod.
Yes there are some downsides at the moment, such as connectivity to Winamp or any other media player other then the Zune Media Player.
There are advantages, and disadvantages to both iPod and Zune.
But to critique an advertisement just because there are random images of imagination does not infer that there is a touch screen, and any logical person would look into either before making an educated purchase.
I honestly looked into the iPod video and the Zune and I was outweighed by the Zune, not only on price but the screen size.
You can take this with a grain of salt, but these are my opinions, and some of this you can take a look at yourself.
She clearly uses the scroll, its an advertisement, going through the looking glass. Fun commerical, good song. The product is so so, but then again, I haven’t been 100% satisfied with my Nano either.. Guess I am too picky.
False advertising is a stretch… touch the screen and start tripping, If you want to believe best of luck to you.
Nice!
I am glad Microsoft is donating money to advertising agencies who are buying Macs and Final Cut Pro!
haha, this is what apple fan boys pick at, something that happened two seconds.
Now get your head out of your ass and shove your ipod up there.
I cam across this in December and tumblelogged it:
http://macsmiley.tumblr.com/post/22701918
Thought you guys already knew about it.
stop hating.
the new zunes are amazing.
the commercials are good and have good music on them.
props to microsoft for having gooood music and videos preloaded on the device.