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.
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.