Microsoft hit with lawsuit for "false" Vista ads

A new complaint has been aimed at Microsoft, seeking class action lawsuit status, and claiming the software giant put a bit more "wow" into its ads than it squeezed onto "Windows Vista Capable" PCs. Dianne Kelly of Camano Island, Washington, who's behind the suit, alleges that Microsoft was misleading buyers by placing Vista Capable stickers on PCs only capable of running Windows Vista Home Basic, and none of that fancy Aero, Flip3D or Media Center PC stuff that seems to be most everything the ads and marketing are talking about. Microsoft naturally disagrees, and has contested the suit. "We feel as a company we went beyond what we've ever done to try to educate people so that they understood and could make the right purchase decision," said Linda Norman, a Microsoft associate general counsel. Part of that effort even included a special "Premium Ready" sticker for retail machines that were up to snuff, but there's no mention of what you're missing out on affixed to Basic machines. There's no denying that Vista Basic is in many ways just a slight upgrade over XP, and that the multiple versions of Vista are expensive and unnecessarily complicated, but from how it looks right now, it's hard to see the suit going too far.

[Via Slashdot]

[7of7 @ Apr 3rd 2007 6:07PM]

Basic is in no way a "slight" upgrade over XP. That's a flat out dumb thing to say. It lacks simply the visual updates. If I were all about frivolous lawsuits like this Dianne Kelly appears to be I'd sue over a statement like that.

[Elliot @ Apr 3rd 2007 6:35PM]

7of7:
"If I were all about frivolous lawsuits like this Dianne Kelly appears to be I'd sue over a statement like that."

Should we take that as an admission that you're a paid gun for Microsoft?

[AndyCR @ May 30th 2007 6:29PM]

"Should we take that as an admission that you're a paid gun for Microsoft?"

Yeah, you probably should. He trolls for Microsoft over on Digg, too.

[McGinley @ Apr 3rd 2007 6:08PM]

Vista must be so confusing to the average consumer....there's too many versions.

It still confuses me to be honest.I was never on top of it.Actually the whole idea of getting it is beyond me.Maybe in a couple of years time though...

[nojok3 @ Apr 3rd 2007 9:06PM]

McGinley I thought the same thing. It really is confusing, even to those that follow the PC scene. Its discouraging to purchase something you don't know enough about yet. I was even in on the Vista Beta but still don't have it yet.

[m @ Apr 3rd 2007 6:11PM]

Though I think she will not win, I think she is right. Not just in this case, but advertising is full of lies, but who can do something about it? So I wish her the best luck. Unfortunately, Windows Vista does have the "wow" if you pay for the expansion pack...

[McGinley @ Apr 3rd 2007 6:13PM]

Ah Microsoft....will you ever learn?

[DerekMerdinyan @ Apr 3rd 2007 6:13PM]

Know what's funny? The computer in that ad looks like a MacBook/Powerbook/iBook...

[M warner @ Apr 3rd 2007 6:14PM]

Not to mention the laptop shown in the ad is a Mac. Maybe it's an ad for Boot Camp?

[0lrlff1fr1 @ Apr 3rd 2007 6:14PM]

Does anyone else think that is an iBook in the ad?

[Luke @ Apr 3rd 2007 6:46PM]

yes that is an Ibook for sure. Ha. As a matter of fact they are Vista Capable though ;)

[peshue @ Apr 3rd 2007 6:14PM]

I just can't feel sorry for anyone that doesn't bother to educate themselves about a $500+ purchase. Or you could at least y'know, ask the salesperson what the difference between basic and premium is.

[Manuel @ Apr 3rd 2007 6:18PM]

The WTF! Starts Now!

[Garrett @ Apr 3rd 2007 6:21PM]

I should state that I meant shoutout in a negative sense. I think its ridiculious that this woman (soap maker) thinks she is going to get rich because of how advertisement works. Advertising is a very cruel thing but the typical person should have at least the minimal logic in order to comprehend the 'ads'. She probably sells her soap at pike place market here...

I'm sorry that YOU decided to not educate yourself in life and must fall back onto trying to make soap exotic! WOW. GET A LIFE DIANNE!

[Elliot @ Apr 3rd 2007 6:38PM]

Man, what do you have against making soap? Chill out and take a shower, dude.

[Shawn @ Apr 3rd 2007 10:25PM]

I don't think that a lawsuit is going too far. Go to Bestbuy or circuit city and see all the poor shmucks that bought their "windows vista" PC's and are bringing them back for upgrades to the RAM because it can't even run the basic OS with what it comes with.

Vista is only a marketing ploy for people to be forced to buy new hardware. Period.

[Brandon West @ Apr 3rd 2007 6:22PM]

First result on google for "vista system requirements":

"A new PC running Windows XP that carries the Windows Vista Capable PC logo can run Windows Vista. All editions of Windows Vista will deliver core experiences such as innovations in organizing and finding information, security, and reliability. All Windows Vista Capable PCs will run these core experiences at a minimum. Some features available in the premium editions of Windows Vista—like the new Windows Aero user experience—may require advanced or additional hardware."


Bullshit lawsuit. Be an informed consumer and do your homework, and you won't end up with crap that doesnt work as expected. If you dont know shit about computers, get someone who does to help. It's not that hard. If you are upgrading to Vista for the pretty graphics (which are a very small part of the upgrade, and it seems obvious Paul Miller hasn't used Vista), you'd probably want to, gee I dunno, check to see if the pretty graphics will work on your system? All the system requirements are publically available and are always caveated with 'some additional features may not work' etc.

This lawsuit ain't going anywhere.

[phigmeta @ Apr 3rd 2007 6:24PM]

HAHA ... love it

HEY DIANNE,

Return your laptop ... and get a MAC you useless hippy

Oh and use some of that soap you make for once.

Camano Island Hippies Suck

[akijikan @ Apr 3rd 2007 6:34PM]

What are you talking about...Mac users are the hippies...didn't you ever see Pirates of Silicon Valley?

BTW...this lawsuit is BS and going no where.

[arrhhgg i be a pirate @ Apr 3rd 2007 6:39PM]

Exactly .... then she can be with your other hippie dipsh*ts and leave the real world to the rest of us

[mrhammerstein @ Apr 3rd 2007 6:54PM]

nice try. this lady is complaining about buying a pc that only runs vista basic and you think she's going to shell out $2000 for a mac. get a clue. i'd say buy a clue but you spent it all on your mac computer.

[phigmeta @ Apr 3rd 2007 6:42PM]

Uhmm I got nothing agaist soap .... just wish the hippies would use it AS WELL AS make it

[jollyllama @ Apr 3rd 2007 6:51PM]

lol, ur teh radzor.

[Garrett @ Apr 3rd 2007 6:44PM]

Soap is great, soap is fun but its not exactly a money-maker. Why else would she be suing a giant corporation. She is a idiot who thinks she has a just cause. Just because she walked into some store and couldn't ask questions because of her egotistical nature doesn't mean she can sue because her ego played a part in LEARNING. What a uneducated stupid motherfuck*r.

Once again, Go MAKE SOME Red Blueberry Gold-flaked soap!

[Wingi @ Apr 3rd 2007 6:48PM]

I cant see how they have took this seriously. The adverts say the pc's are vista capable and they can run vista basic so they arnt doing anything wrong.

[tekdroid @ Apr 3rd 2007 6:53PM]

they need to bundle it with unsold Zunes.
Welcome to the WOW social. Please wait while the computer thinks.

[plaidpjs @ Apr 3rd 2007 9:09PM]

It amazes me that people still try and raise this absurd logic about Apple pricing! Point for point, configure any similarly specced machine at HP, Dell, or even at a CompUSA and it will cost you the same or more than the comparable Mac.

Ther eis no doubting it. There is no refuting it. And, while you may want to come back and tell me how you can build your own PC for far less than a Mac... DON'T! 90% of the world doesn't build their own PC, they go buy one made for them from a major manufacturer.

[macona @ Apr 3rd 2007 6:56PM]

This lawsuit will go nowhere. First of all Microsoft is not the one who placed the stickers on the computers being sold. That was done by the computer manufacturers. If there is any liability it would be with them. Microsoft has no control on how and where those stickers are placed even if they are the ones providing them.

Thats like suing her because her soap dose not say it needs water to be used.

Anyways everyone know the only ones that make money off a class action are the lawyers.

[mrhammerstein @ Apr 3rd 2007 7:03PM]

"There's no denying that Vista Basic is in many ways just a slight upgrade over XP, and that the multiple versions of Vista are expensive and unnecessarily complicated, but from how it looks right now, it's hard to see the suit going too far."

where did you come up with any of this? i love how you inject your own opinion as fact. how is $150 expensive and looking at a chart unnecessarily complicated? according to your world, i should just look at a picture, point at it, and say i want.

[Garrett @ Apr 3rd 2007 7:06PM]

Macona - not true. And anyways...what if her DAD, BROTHER, Some close relative she kissed at a family function, or even a husband happens to be a lawyer.

[phez @ Apr 3rd 2007 7:15PM]

it is the job of the sales-people to inform the customer about vista basic and premium, just as they would explain the difference between an amd and intel processor. if you're buying at home, then you have no one else but yourself to blame for not doing your homework.

this lawsuit will go absolutely nowhere.

[Alber1690 @ Apr 3rd 2007 7:22PM]

Yes, now I can start suing Apple for their extremely false advertising. Virus-free? Right...

[derek @ Apr 3rd 2007 8:06PM]

there are no mac viruses dumb ass

[plaidpjs @ Apr 3rd 2007 9:54PM]

hehehehe... stop with the stupidity... you're scaring me!

There hasn't been a Mac-virus in the wild in god knows how long...

[stevo @ Apr 3rd 2007 7:32PM]

HEY THE PIC HAS A MAC LAPTOP WTF!!! MICROSOFT RIPPED OFF MAC OS X!!

[Josh @ Apr 3rd 2007 9:14PM]

that was the point of this picture, lol, i saw it @ a micro center (micro center FTW)

[boe @ Apr 3rd 2007 7:36PM]

I thought they were suing because no one goes WOW but I'm sure plenty of people have said - WOW I can't believe this is considered an upgrade over XP. Why is everything so slow - even the network transfers!

[August @ Apr 3rd 2007 7:42PM]

Please go away and never return.

[Mario @ Apr 3rd 2007 8:10PM]

Your....an idiot. I am guessing you dont own vista, therefore how do you know it is slow? well i do, for one, own vista and i can assure that it is lightening fast. And my computer only has 1gig of ram and a SOLO 3.0ghz processor. And it is lightening fast. Network transfers has nothing to do with the OS, it has to do with the network. If you are transfering a Vista file to a win98 computer... chances are it is gonna be slow. But i have personally tried a Vista to XP Transfer and as i said many times before. it was lightening fast. And i can almost assure you that a vista to vista transfer will be just as fast, or even faster.

And as agreed with the other guy, The mac adds have plenty of false advertising themselves.

First of all
"practically virus free" true, but that is because practically nobody uses them. So why make a virus for only 5-10% of PC users? when you can dominate and have one effect 90-95%.

in response to those mac ads
the one with the annoying firewall that kept asking PC to accept or deny
Well in that ad he must have said accept 3-5 times to the same MAC. He could have simply "Always accept MAC" it isnt that hard.

the one when PC is upgrading to vista and is complaining about all they have to do
Well PC must be a very old computer, because my 3 year old Dell (cost me 500 at the time) is perfectly compatable with Vista, although i haunt ran it on the dell yet.

The ad about the network how PC doesnt understand the Asian digital camera
well i havnt done too much research but i have yet to see a digital camera that says "MAC ONLY" and i know that i have gone through 3 digital cameras and each one was a simple plug and play.

the ad where PC is complaining about kid's listening to music on him and he doesnt want to.
i guess MAC is saying itunes sucks, as the majority of PCs use itunes to listen to music. and if they are saying itunes cant handle listening to music that much then.. hmmm

either way, im using WMP11 for my music needs, works perfectly and even gathered my album art for EVERY song of mine for free, no registration necessary!

the ad where PC is attempting to lure in more people by advertising more "creatively"
Well, before vista came out, i cannot remember the last time i saw a windows advertisement, i mean ive seen dell, but dell does not represent microsoft. However what mac is doing, creating all these senseless advertisements about the mac being allmighty and the pc being.. not allmighty is really just what mac is saying pc is doing in the ad.

See for yourself, go to dell.com.. for the SAME computer (tech wise) it is anywhere from -200-800 price difference. yes its true, the high-end MAC laptops/power macs are actually a good 100-200 dollars cheaper.but the such small percentage of people who buy 4,000 dollar computers. For the majoraty of us, we save a good 400 dollars average buying a PC. granted you dont get the ALL IN ONE of the MAC, nor the sleek design. (i will admit MACS look really good) but i dont think that the sleek design is worth 400+ dollars do you?

damn that was one long post

[TheTayloeEffect @ Apr 3rd 2007 8:10PM]

I'm just anti computer.

Mac, PC, Linux, Unix, and OS-2, THEY all suck. And you're a filthy hippy for using any of them.

[Mario @ Apr 3rd 2007 8:11PM]

so tell me, how are you posting this comment if you are "anti computer"???

[Galley @ Apr 3rd 2007 11:36PM]

He must be jacked in to The Matrix.

[TheTayloeEffect @ Apr 3rd 2007 8:18PM]

Way to point out obvious satirical commentary on a silly message board flame war... stupid.

[Mario @ Apr 3rd 2007 8:32PM]

Well i am one to state the obvious, just like all the people are are noticing the use of a Mac computer in the poster, yes its obvious, but they all find it funny (as do I) so they feel that they should state it. and by all means i would to if it werent for the 5 other people who said it. So i felt i would be the first to state the somewhat funny yet obvious fact that you are anti-computer, and yet you must check Engadget at LEAST weekly, and that you would bother to comment on it. I find it quite funny myself.

[TheTayloeEffect @ Apr 3rd 2007 8:36PM]

Mario-

You are a double-talking, poor grammar using, over explaining, pseudo-intellectual douche bag.

I hope you slip and fall in a puddle of AIDs.

[Molly @ Apr 3rd 2007 8:23PM]

Lol. Understanding that bootcamp it out now, I just find it funny how the computer seen in the above image is a macbook. Just an observation.

[Josh @ Apr 3rd 2007 8:24PM]

heyyyy.... that's my picture, I took it at a micro center w/ my phone. http://digg.com/apple/Vista_ad_with_MacBook

haha I'm actually quite honored for engadget to steal my picture =].

[Court K. @ Apr 3rd 2007 8:26PM]

Gee, you buy a $300 laptop, and windows ultimate costs $399. Think about it. Seriously. What do you expect? Maybe spending more than $300-$600 on a computer would get you something that would last for at least a year. Sorry but if your computer is in this price range don't expect it to run latest and greatest anything, EVER. period.

[Mario @ Apr 3rd 2007 8:32PM]

Windows Vista now comes pre-installed on ALL NEW PCs. and thats for the people who want Vista Basic/Home. which is most of us. the few who want ultimate will have to pay 200 (199.99) addition, yes thats alot, but its a heck of alot less than your 400 (399.99) price you came up with.. they can AT LEAST buy the upgrade and not the full.

[leon @ Apr 3rd 2007 8:31PM]

Sounds like a customer didn't do their research before buying a product. I hope this case is settled in favor of Microsoft, I'm sick and tired of people in this country receiving settlements because they are complete retards. Also, apple users really need to learn to quiet themselves when the ARTICLE ISN'T EVEN ABOUT APPLE.