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).