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]
[Via Slashdot]
























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.
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.
100% correct, i use poor grammar when typing fast, its just me.
But you have to admit, wishing for one to fall in a puddle of an STD and basically ruin their life and their loved one(s) life is just.... just wrong. Especially since your entire judgment of me is based upon my 4 posts in a public blog. I'm sorry but that my friend, is just wrong.
Mario what does "lightening fast" mean? Is that a synonym for slow?
more than likely, she's got a computer that can BARELY run vista (probably 512mb of ram)...she either needs to upgrade the ram or disable everything on msconfig...
@plaidpjs
could you please explain how the logic is absurd? i was interested in seeing who was correct so i tried dell and hp, and yes it is true that apple does cost more
i would like to see what configurations you are comparing
Wow... I just went and ran the numbers. A Dell E250 configured similarly to a 20-inch iMac works out to be $1,386, without adding additional software to equal the DVD, movie editing, and music making capabilities included on every new Mac.
The iMac is $1,499, plus I don't have to worry about what might not work. I also DO get all fo the award winning iLife software and an all-in-one machine that doesn't require an abundance of desktop real estate as does the E250 tower and seperate flat screen.
I'm sorry, but $100 difference between the two, does NOT a price gap make, especially with what I do get with the iMac that I don't get with the Dell E250.
This is among the most frivolous suits I've heard of. Doesn't she have anything better to do with her time than sue Microsoft?
@shawn
"Vista is only a marketing ploy for people to be forced to buy new hardware. Period."
Take a second to think about this. Microsoft is a SOFTWARE company, they make money from people purchasing their software either alone or pre-loaded on computers. If you need to pop in an extra gig of ram to run vista, its not microsoft that benefits, but Crucial or Corsair or whatever the company that make's your RAM is. same with video cart etc. So obviously vista isnn't intended to make you upgrade your hardware, it just so happens that microsofts glitsy (strikingly OSX-ish) interface requires more power to use
If you don't need new hardware, then you don't need new software for a new OS. If you could upgrade your engine, exhaust, shocks and struts in your car for little cost, there'd be no need for new cars every year with better new features.
Microsoft isn't benefiting directly from the new computers, except that every time someone buys a new Dell, Gateway, etc. etc. with Vista, they get their cut of the machine. It's just convenient that they're working with the hardware people to require better machines to run their features.
yes that is an Ibook for sure. Ha. As a matter of fact they are Vista Capable though ;)
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And they've had Vista's 'innovations' for many years... So MS can get out of this suit by coming clean..
"We're hacks."
Two questions:
Why didn't this person test the product before buying it?
Why didn't this person return substandard product?
Please use logic next time. Thank you.
Personally I always thought "The WOW starts now!" tagline was a bit over the top. But "The 'meh'"or "The 'huh?' starts now!" just doesn't have the same ring to it (outside of not rhyming even.
I agree with what is probably a whole lot of people saying that the Windows landscape is more cluttered and confusing than ever, but I also think people simply need to take the time to make intelligent buying decisions.
Let's say your buddy buys a new cherry red Mustang and takes you for a ride in it. As you merge onto a deserted stretch of freeway, you friend reaches up and closes the sunroof, then says "Check the acceleration!", and grins like the chesire cat as he mashes the gas and you two hit warp factor five. Your friend laughs happily as your speed peaks far above 100mph and he let's off the gas and you descend back to sub-light speed. You marvel at the speed and power. "I got a bunch of options too." your friend says as he pops in a CD and flicks on the a/c. 'What kind of car did you say this was ?' you ask. "Huh?" your friend looks puzzeled at the question, takes a sip of his drink and plunks it back into the cup holder. "It's a Mustang, man!"
Next week you stroll into the local Ford dealership and say "I'll take one Mustang please.". 'Which one would you like ?' the sales dude says, all to happy to take a commission without even having to pressure you.
"I want one like my friends..." you scan the lot "...I'll take that red one!". 'You got it. Sign right here...'.
You drive off the lot and make a bee line for the nearest stretch of lonely highway. You find some, slide onto it, and let her RIP!!!! And you are fairly disappointed with the results. The car is quick, but it does not accelerate as fast, or top out as high as your friends car did. You slowly become aware that you don't have a/c, a cd player, a sunroof, or even cup holders. Overall you are simply not satisfied.
Within this overly long illustration, is it anyones fault but your own that you didn't actually get what you wanted? Did Ford trick you into buying a V6 model instead of a V8 ? Did the salesman delete your options w/out telling you ? Did they give you a Focus when you asked for a Mustang ? No. You bought the wrong car. You wanted all the things a GT has to offer, but you didn't bother doing any research, didn't go for a test drive, and didn't ask for help, so you ended up with the base model V6, and now you feel sad.
This Vista thing is the same. It is Vista even if you disable all the bells and whistles just the same as a Mustang is a Mustang whether it's got a V8 and a/c or a V6 and windows...
It's called 'buyers remorse'. And the solution is to look/learn/and compare BEFORE you buy something and not after...
I can't believe the comments I'm reading here. Many sound like a bunch of adolescents who do nothing with their spare time but build computers, swap video cards and play online 3D video games all day. Go outside and get some physical exercise! I hope many of you are not in a position where you have to support regular computer users. You give the good guys a bad name.
While this lawsuit may not go anywhere, the fact is that most people who have to use a computer are not technical enough to understand the workings of the OS. They know nothing about different video cards and ram requirements, dual cores, etc. They just want to use their computer. And many (not all) of the salespeople in retail, such as Best Buy, etc cannot be considered the best examples of technical accuracy and specific product knowledge. Many people simply may not understand the combination of things necessary to take full advantage of Vista. I'm an IT guy and when I look at Dell's product offerings, it is not always clear if a given product will run Aero.
Microsoft has, what, 4 different versions of Vista? And I bet they didn't even plan it that way. Basic probably was released when they saw that the fancy stuff simply wouldn't work on old PCs. Distinguishing features required for corporate use, from features required for home use makes sense. But graphical features should have been identical across the board. Period.
this is an intelligent discussion so goes to the mac forum because we dont want your stupid fanboyness here. leave!
It's not news, they put on all of their stuff 'in order to enjoy the more advanced features of Vista, you must have _____ (gig of ram, etc etc)'.
Want more background information! Use the internet for great things! (this is not spam)
http://dw.courts.wa.gov/index.cfm?fa=home.namesearch&terms=accept
Just try it...type any name of anyone in washington state...research legal terms if you don't know what things mean (you'll understand soon).
You guys whining about 'frivolous lawsuits' and 'hippies' remind me of the tobacco company apologists. Why don't you do something useful with your lives instead of defending a company that has never done anything positive, and couldn't care less if you lived or died?
They aren't working with us, they are working against us, and the sooner we can all look back on the 'Microsoft Era', the better off we will be.
Pretty funny how the Microsoft ad pictured above shows a white Apple MacBook...
"Pretty funny how the Microsoft ad pictured above shows a white Apple MacBook..."
Yeah.. it was funny. But just the first twenty frigging times someone pointed that out. It's slloowwly becoming old now.
well, it would be nice if these forums had a feature that allowed you to delete your own comments, because I did realize that after I posted, but then couldn't do anything about it.
people get a mac. if it doesnt melt you wallet, it will surely burn you lap
OK, first of all, if you purchase something that cost hundreds of dollars you should do a bit of homework, for the most part we are grown ups take some responsibility for your actions, advertising is a cruel world, deal with it. I have some great beach front land in Florida wonder if I can get her to purchase some (just don’t tell her it’s beach front beside a swamp).
Also enough about how good Apple is I am sick of listening about a company that has less than 5% of market share and how dam good they are. (Oh I am a Mac User).
Pelyk
Complicated? The (average non-engadget reading) home user has two choices: basic or premium. What is so complicated about that? In all of the stores I've been in that sell Vista, the shelf ads have clearly outlined the difference between the two. Look at any new computer for sale anywhere, and it will have a " recommends Vista Premium". Stop being ignorant consumers.
Microsoft wants to avoid situations like these? With so many versions of an operating system as Vista it could prove challenging. As a Mac user, I say take a look at Panther or Tiger. Who needs that many versions? But as a recent Vista user, I kinda dig it. However, Redmond definitely needs to get their act together on this one . . .
p.s. as others have already stated, it's an iBook in the ad.
Didn't we establish that that's not actually a MacBook the first time this picture surfaced?
//too lazy to go look it up, especially at work
haha, empower the sheep!! Viva la SHEEP revolution!
There is no Dell e250. Most people who work on computer don't get macs because they can actually upgrade them which means in the long run you aren't stuck with an outdated but nice looking paperweight.
Can I sue Volkswagen for saying "3 VW's for under $17,000" when I can really only get one for $17,000? If I spill coffee in my lap and it's hot can I sue god for making water and coffee beans? I mean hot coffee...who could have known? SUE EVERYONE!
yep, thats an ibook!!
I'm not sure I would discount this lawsuit just yet. In a world like the one we live in today:
After a decade of nutritional facts being posted in plain view of the counter, people can successfully sue and a major metropolitan city can legally ban the use of certain ingredients because people are too stupid to realize junk/fast food is not part of a healthy balanced diet.
Oh, and my $.02 on the difference in TCO having grown up using, then buying a Mac? Last month I had several places I could go to online (not to mention head down the road), comparison shop and build myself a Vista Ultimate ready PC for under $1100. First real parts upgrade, mind you, not the "oooo-it's-the-latest-gadget-i-want-it!!!!" impulsive (compulsive?) buy. Defective part? Get it exchanged the same day if I got the part at a local DIY pc store.
Can you do that with your Mac? Panther, Leopard, Bill the Cat, whatever the next version Jobs throws out there to coincide with his next wallet-killer, you'll be buying a whole new Mac. Apple did it in the 80's when color Macs came out, and all learned how to make fishbowls with our Mac "Classics". You're locked in, kiddies!
I'm not sure I would discount this lawsuit just yet. In a world like the one we live in today:
After a decade of nutritional facts being posted in plain view of the counter, people can successfully sue and a major metropolitan city can legally ban the use of certain ingredients because people are too stupid to realize junk/fast food is not part of a healthy balanced diet.
Oh, and my $.02 on the difference in TCO having grown up using, then buying a Mac? Last month I had several places I could go to online (not to mention head down the road), comparison shop and build myself a Vista Ultimate ready PC for under $1100. First real parts upgrade, mind you, not the "oooo-it's-the-latest-gadget-i-want-it!!!!" impulsive (compulsive?) buy. Defective part? Get it exchanged the same day if I got the part at a local DIY pc store.
Can you do that with your Mac? Panther, Leopard, Bill the Cat, whatever the next version Jobs throws out there to coincide with his next wallet-killer, you'll be buying a whole new Mac. Apple did it in the 80's when color Macs came out, and all learned how to make fishbowls with our Mac "Classics". You're locked in, kiddies!
I have windows vista aero and it seems to be working fine and it has many more features than the old outdated windows XP. I am very happy with my purchase of windows vista aero. I only have one suggestion is that if you but it separate from your computer and dont have it installed by the manufacturer of the system you WILL have more problems setting it up.
Having it installed along with your new computer is the best route to go.