“A lawsuit alleges that Microsoft Corp. engaged in deceptive practices by letting PC makers promote computers as ‘Windows Vista Capable’ even if they couldn’t run the new operating system’s ‘signature’ features,” Todd Bishop reports for The Seattle Post-Intelligencer.
Bishop reports, “The proposed class action, which Microsoft disputes, was filed on behalf of personal-computer buyer Dianne Kelley of Camano Island. It focuses on efforts by Microsoft and computer makers to avoid a lull in PC sales by assuring consumers that the machines they were buying last year could run the delayed operating system upon its January release.”
“Machines carrying ‘Windows Vista Capable’ stickers included those that only met the requirements for Windows Vista Home Basic — which lacks the ‘Aero’ on-screen appearance, Media Center PC interface, Flip 3D window-switching and other features available in advanced Windows Vista versions,” Bishop reports.
Bishop reports, “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 complaint says. As a result, the suit said, people were buying machines that couldn’t run ‘the real Vista.'”
“The complaint, filed last week, seeks class certification and unspecified damages,” Bishop reports.
Full article here.
[Thanks to MacDailyNews Reader “elija” for the heads up.]
We’re still chuckling over the term “signature” being used to describe Windows Vista’s features.
Related articles:
Network World: Need a new PC for Vista? Switching to Mac may cost less and give you more – March 16, 2007
BusinessWeek: Microsoft’s Windows Vista is ‘slow and dangerous’ – March 15, 2007
Analyst: Microsoft’s Windows Vista is very good for Apple Mac – March 13, 2007
Windows sufferer spends six hours trying to ‘upgrade’ to Vista, says: ‘I should’ve bought a Mac’ – February 07, 2007
Windows Vista woes push BBC News editor to regret never having ‘defected’ to Apple Mac – February 06, 2007
Digit: Don’t buy Vista; Microsoft may be driving millions to stick with XP or move to Apple Mac – February 05, 2007
TIME Magazine: Microsoft’s Windows Vista ‘an embarassment to the good name of American innovation’ – February 02, 2007
Microsoft’s Windows Vista: Five years for a chrome-plated turd – January 30, 2007
Digit: ‘Microsoft’s Windows Vista may be the best reason yet to buy an Apple Mac’ – January 29, 2007
Pioneer Press: Windows Vista shows ‘Apple is an innovation engine; Microsoft, not so much’ – January 29, 2007
Windows Vista disappoints, so get a Mac – January 29, 2007
Analyst: Microsoft’s Windows Vista could be an opportunity for Apple – January 26, 2007
CNET Reviews Windows Vista: Is that all? Clunky and not very intuitive vs. Mac OS X; warmed-over XP – January 24, 2007
Mossberg: Microsoft’s Windows Vista offers lesser imitations of Apple’s Mac OS X features – January 18, 2007
Windows Vista disappointment drives longtime ‘Microsoft apologist’ to Apple’s Mac OS X – January 17, 2007
InformationWeek Review: Apple’s Mac OS X shines in comparison with Microsoft’s Windows Vista – January 06, 2007
NY Times’ Pogue reviews Microsoft’s Windows Vista: ‘Looks, Locks, Lacks’ – December 14, 2006
Microsoft’s Windows Vista is basically Microsoft’s version of Mac OS 9.3 – October 11, 2006
Apple’s Mac OS X Leopard is 64-bit done right, unlike Microsoft’s Windows Vista kludge – August 14, 2006
Microsoft Windows Vista: If you can’t innovate… try to impersonate Apple’s Mac OS X – August 10, 2006
Analyst: Apple’s new Mac OS X Leopard sets new bar, leaves Microsoft’s Vista in the dust – August 08, 2006
Microsoft botches another copy job: Windows Vista Flip3D vs. Apple Mac OS X Exposé – June 26, 2006
Windows Vista rips-off Mac OS X at great hardware cost (and Apple gains in the end) – June 13, 2006
Computerworld: Microsoft Windows Vista a distant second-best to Apple Mac OS X – June 02, 2006
Windows expert dumps Windows, switches to Apple’s Mac OS X, finds software plentiful – March 12, 2007
InfoWorld: 9,000 people switch to Apple Mac every day (plus testing ‘Embrace and Extinguish’) – February 28, 2007
Netscape founder Marc Andreessen switches to Apple Mac – February 28, 2007
Computerworld: Windows expert dumps Windows, switches to Apple’s Mac OS X – February 08, 2007
Embrace and Extinguish in action: TechIQ’s ‘The VAR Guy’ dumps Windows, switches to Mac OS X – September 25, 2006
Bill Gates unhinged with Apple envy; Microsoft on path to become high profile casualty – February 06, 2007
Apple takes dead aim at Microsoft’s Windows Vista in latest ‘Get a Mac’ ad (with video) – February 06, 2007
Bill Gates has lost his mind: calls Apple liars, copiers; slams Mac OS X security vs. Windows – February 02, 2007
Those unfamiliar with Apple’s Mac OS X may be impressed with Windows Vista – January 29, 2007
Microsoft emails reveal serious Mac OS X Tiger envy – January 26, 2007
A Windows expert opts for a Mac life, finds the experience ‘superb’ – December 07, 2006
15-year Windows vet tries Apple Mac: ‘My God! This is amazing!’ – December 04, 2006
Dave Winer: ‘Microsoft isn’t an innovator, and never was – they are always playing catch-up’ – December 01, 2006
Harvard Medical School CIO picks Mac OS X over Linux and Windows – November 30, 2006
A Windows expert opts for a Mac life – November 06, 2006
Apple Macs can run more software than Windows PCs – October 30, 2006
Apple does it again: New Macbook Pros much cheaper than Dell – October 25, 2006
Embrace and Extinguish in action: TechIQ’s ‘The VAR Guy’ dumps Windows, switches to Mac OS X – September 25, 2006
Top Windows developer dumps Microsoft’s ‘pile of crap’ for Apple’s Mac OS X – September 12, 2006
$399 for Windows Vista Ultimate?! (Hint: Get a Mac) – August 29, 2006
Thurrott pits Apple Mac Pro vs. similarly configured Dell, figures out the Mac is less expensive – August 18, 2006
Dude, you got a Dell? What are you, stupid? Only Apple Macs run both Mac OS X and Windows! – April 05, 2006
Apple Macintosh simply does more and costs less than Windows PCs – February 14, 2006
Defending Windows over Mac a sign of mental illness – December 20, 2003
Tell them to shut up. and get a mac.
Sounds like bait and switch to me…
Should someone tell her she shoulda bought a Mac? Just askin…
Usually these lawsuits are nothing more than arterial sclerosis for courtrooms, but this one has more weight than others due to its obviousness. The “Vista-capable stickers” were intended to sell the “magic” that is Vista (such as it is). That the machines could not run the signature features of Vista IS deceptive advertising and most probably fraud.
Now the PC fanboys will just say those last years PCs are just outdated and you really should buy a newer faster PC.
This does have a very good point – none of the new features in Vista Home Basic are actually advertised (for obvious reasons!) I think that for many people, the “wow” was more like “hey waaaaait a second…”
You can’t blame Microsoft!
They didn’t know what anything was going to run on, and still probably don’t know shit! It doesn’t look too good for MicroSuck right now. I feel really bad for them… NOT!
Pi
“…Our ‘WOW’ – your ‘COW’…”
Moo!
…They should settle out of court…each consumer who is covered in the suit will receive the following:
1) iMac/MacPro of their choosing [Leopard ready, naturally]
2) MacBook/MacBook Pro of their choosing [Leopard ready, naturally]
3) Complimentary iPod
4) Copy of Parallels
5) Copy of Windows XP (just in case of necessity)
6) $1,000 of Bill Gates personal fortune
7) Box of chocolates
There, that should fix it!
MDN word = ‘cases’
How many ‘cases’ has there been against Micro$oft?
Just like in virtually every other case, MS will cough up a few million bucks and this will all go away. The real problem was with the morons buying the dog sh*t PCs in the first place. When you only spend $400 or so on a piece of junk like that, you’re pretty much getting what you deserve.
If anything, it could be aimed at the PC manufacturers, but not MS.
“Among other things, Microsoft created the additional designation of Windows Vista “Premium Ready” to indicate that a machine was capable of running the operating system’s advanced features, meeting premium hardware requirements including a full gigabyte of system memory.
That “premium” designation was made available for PC makers and retailers to use in places such as computer boxes and in-store marketing materials, said Mike Burk, a Windows product manager. Microsoft also detailed the hardware requirements for the various Windows Vista versions in places including its own Web site.”
It was the responsibility of the manufacturers and the retailers to make sure the consumer knew what they were getting.
OS X does the same thing when they publish minimum system requirements.
Note to Dianne Kelley and the other plantiffs in this case…
The “real Vista” sucks too!
Funny how I can run all the features of OS X on my 6 year old G4. Give ’em hell, Dianne.
neven,
There really was a “wow”.
WOW!!! I just got fscked.
Will the “Real” Vista, please stand up.
I hope this news gets good coverage from the media.
my G3 iMac (Snow edition) runs Tiger just fine…dashboard and all!
Used office chairs for sale on ebay…some re-assembly required.
Good reason not to make 6 versions of your operating system for general users. Totally confusing and then to have PC hardware companies advertise that there hardware is Vista ready when it is not is rediculous.
So should we be expecting a lawsuit over the iPhone advertising its ability to run OS X, when in fact it can’t run many features that are often advertised as being a part of OS X?
so far OS X scales nicely even on older machines. Apple does not leave out wholesale features, just a little eye candy for us such as the ripple effect when you drop a widget on the desktop. Expose works perfectly on my old G4. Dashboard works, Command-Tab works.
Core animation may make some of us with older hardware get antsy for new machines.
“You have just arrived at a sad realization. Cancel or Allow?”
I love that line!
@john:
I couldn’t agree more. In fact, I was nearly ready to post the same thing. This is what happens when you try to divide up the market like MS has done. No one really knows what they are paying for. Thank goodness it’s just OS X and OS X Server on the Mac side of the world.
APRIL 3, 2007 HEADLINE: “Microsoft targets more software pirates”
Eventually they will have to sue themselves.
“..Funny how I can run all the features of OS X on my 6 year old G4. Give ’em hell, Dianne…”
Chrissy ..
True enuff .. My old SawTooth runs Tiger just great !
But I hafta wonder, which machines won’t be able to run Leapord ?
The Yosemites … or the Yikes / SawTooths ??
Where will the cutoff be ??
I agree with Realist here. The PC manufacturers are more to blame than MS here.
And still the masses do buy this Micro$oft illusions..
The blame for this is really on both the PC manufacturers and on Microsoft. I doubt that this was intentionally done to deceive anyone purchasing a machine but it could be seen as deceptive by the consumer. Companies seem to overestimate how tech and marketing savvy the general public is.
Heck, most people probably don’t even realize that a Macy*s one day sale is always in reality a two day sale because they always have a “preview” day. How is that for being disingenuous?
Buena Vista
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about that
I don’t know of any “advertising” that promotes the ability of the iPhone to run OSX, I do know of many sites that mention a version of OSX as the operating system of the iPhone. There is a difference.
What did people seriously expect when they bought their $400 junk PCs?
“Uh, durrr, them Apples are so overpriced. Rob Enderle says so. I can get something just as good that will run all that there fancy graphics stuff for way less”
It never ceases to amaze me how averse vast segments of the population are to spending a chunk of change to get the right technology, but they don’t mind wasting 5 times as much in lost time, manual work because the computer is down again, repair and recovery services, IT staff running around constantly with fire extinguishers, and in this case lawyers to help them express their dissatisfaction.
A manager here was asking what kind of laptop she should get for personal use. When I suggested a MacBook, the response was “Oh no, those are SO EXPENSIVE!” I said, “$1200 for a laptop is expensive?” and yes, she thought it was.
This from someone who has to be making, I dunno, 70 thou a year, and she wants a laptop computer for something like 600 bucks. Sheesh
No sympathy for a dumb bitch who bought the wrong computer!
Ryan,
You gotta take those people to the Dell site and match up the mac to a dell spec for spec to show them the error of their ways. Otherwise, the misinformation lives on. I proved the point to a number of people in my office by doing the comparison. Needless to say they were shocked. I think I even have one person ready to switch.
Pablo, Apple’s webpage: “All the power and sophistication of the world’s most advanced operating system — OS X — is now available on a small, handheld device”
Yes there are different versions of OS X. Yes there are different versions of Vista.
No surprise here.
Its definitely a case of bait and switch.
The M$ taking points:
Look at the cheap desktop/ laptop you can get.
It works with the latest version of Vista.
See how much cheaper we are than Apple.
Oh, if you want to use the other functions you have to pay an additional $500+
By the way, I guess these are the numbers M$ is using to claim how successful the adoption rate has been for their launch.
My 2 cents
Fsck off….:(
@ Regular Reader
…They should settle out of court…each consumer who is covered in the suit will receive the following:
1) iMac/MacPro of their choosing [Leopard ready, naturally]
2) MacBook/MacBook Pro of their choosing [Leopard ready, naturally]
3) Complimentary iPod
4) Copy of Parallels
5) Copy of Windows XP (just in case of necessity)
6) $1,000 of Bill Gates personal fortune
7) Box of chocolates
There, that should fix it!
<u>If Microsoft gives their (ex-)victims all that, then:</u>
• Microsoft advertises its nemesis. Which means Apple.
• They lose several potential hosts for parasitic tyranny (because our new converts might not want to use XP anyway).
• There goes a bunch of money that would have been spent on philanthropy by the BIll and Melinda Gates Foundation.
• Naturally, it’ll make world news.
• The ex-victims will dispose of their cell phones running Windows Mobile and get an iPhone upon its release.
• Microsoft might be hated more, depending on the quality of chocolate, and if the plaintiffs like chocolate-covered cherries.
I confess that Microsoft’s executives will likely refuse to fulfill the above items. I also confess that some of the executives are excellent at steering the company towards success and away from obstacles. However, I assure you that those pesky weeds will be removed, and the amazing stress-relieving chair is in use. Thank you for your support, and remember that the next major release of Windows will outdo Macintosh OS 8 by ten feet.
@about that,
The power and sophistication of OS X are in the iPhone. Apple never said that you could run all OS X apps on it. In fact, they’ve said well in advance of its arrival that they’re going to limit what can be run on it. It’s called truth in advertising.
Chris,
The power and sophistication of Vista is in the Vista Home Edition. MS never said that you could run all advanced Vista features on it. In fact, they’ve said well in advance of its arrival that they’re going to limit what can be run on it. It’s called truth in advertising.
“when, in fact, they could obtain only a stripped-down operating system”
Doesn’t that describe every release of Winblows since 3.0?
Microsucks had better dig deep – here come all the pre-Vista lawsuits!
Oh My,
My guess is that if your computer can run Tiger, it will be able to run Leopard.
G4’s have no fear – G3’s maybe.
If only MS cared.
….signature features? ….are they talking about the lipstick?
Regular Reader:
“7) Box of chocolates”
lol nice touch
women use computers??
> Microsoft sued over deceptive Windows Vista marketing
heheh
Sounds like “plays for Sure”, until the Zune came out
As a kool-aid swigger, I really want to laugh. As an American, I really fear one of these mornings we’re going to see a MDN headline that reads:
Microsoft implodes: Enron style.
The fallout will nail all players in the tech industries, even Apple.
Can you sue for not getting the “Wow!” you were promised?
Microsoft needs to better define their levels of
WoW.
Not to lump us in with M$, but I wonder too about Leopard compatibility. If the rumors are true there is going to be some good stuff in 10.5, advanced stuff. I wonder how much of that is going to be available to those of us with older machines. My prediction is that not all of it will be. More of us are going to be left behind on this one I think. Inevitable I suppose…
Chris,
The power and sophistication of Vista is in the Vista Home Edition. MS never said that you could run all advanced Vista features on it. In fact, they’ve said well in advance of its arrival that they’re going to limit what can be run on it. It’s called truth in advertising.
Hahahahahahahah, I nearly died laughing after reading that.
(Hmm, that’s an interesting idea: you nearly killed Jesus!)
I don’t know why people bitch about $400 PCs.
I got a Compaq/HP one from Best Buy over the weekend for around $340. With a spare drive I had and a new one from MicroCenter the thing now has a terabyte of storage, for a total cost of less than $500. And another $40 for another 512 MB of memory. And that’s with an included dual layer lightscribe DVD burner.
Wiped out Vista, put on XP, and it now does a very, very capable job of running Azureus to download shows/dimeadozen bootlegs and serving as an iTunes server. Much more affordable than what it would have cost to upgrade my old G4, get a dual layer DVD burner with a faster processor and a SATA card, and beats the hell out of buying a mac mini and a couple of external drives.
Now if only Apple would release a linux version of iTunes I could chuck XP off the machine.
Microsoft dangled a bunch of Vista Capable stickers on a fishing line in front of me. I was trusting. I walked forward.
The stickers moved forward. I kept following and following and finally, just as I bit down on them and started to chew
….I fell about 60 stories ..I caught a glimpse of the city skyline. They had lured me to a final-destination drop-off.
Just before I hit the sidewalk I noticed two men in v-neck sweaters smiling at me ..tiny analysts gathered near their
ankles. Wow, I thought, I finally got the Wow.
Obviously, a gift-wrapped turd is still a turd.
http://www.systemshootouts.org/
Dude, you can try to sue for anything these days. You can sue a teacher for “looking at you in an inappropriate manner”, “you can sue Microsoft for false advertisement”, “A business could sue Apple if its time machine didn’t work in their macbook pro (future) and lost important files, or their data was affected because of slow patching”, “you could sue the convenience store clerk for brushing your hand as sexual harrasement while giving you change”, “you could sue any website you want just by following all the loopholes in the world.” Dude, believe me, you can sue for practically anything today. Will it hold up in court? Addon fluff and “hard evidence” and you can at least get a close 50% probability at success. You’ll just have to battle out the strength of politics.