Microsoft sued over 'Vista Capable' claims

by Adam Turner

Tuesday, 03 April 2007

Microsoft deceived customers by allowing PC makers to label computers as "Windows Vista Capable" even though they couldn't handle Vista's key features, according to lawsuit lodged in the US.

To avoid a pre-Vista lull in sales, Microsoft and PC makers assured consumers that "Windows Vista Capable" machines could run Vista, but they only meet the requirements for Windows Vista Home Basic. Buyers got less than they bargained for, according to a proposed class action filed on behalf of computer buyer Dianne Kelley of Washington's Camano Island, reports the Seattle Post-Intelligencer.

Home Basic lacks the Vista's Aero interface, Media Center PC functions are other key features available in advanced Windows Vista versions. As such it doesn't meet the expectations of Vista created by Microsoft's massive marketing campaign, Kelley claims.

The suit alleges the "Windows Vista Capable" stickers were deceptive and that Bill Gates himself contributed to the deception by insisting on television that PC users could upgrade to Windows Vista for less than $100, when that only buys a copy of Vista Home Basic.

"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".

Michael Rosenberger, one of the lawyers representing Kelley added: "All the 'wow' stuff that Microsoft is selling and marketing is present in (Windows Vista Home) Premium, but it’s not present in Basic".

Microsoft associate general counsel Linda Norman insists the company "conducted a very broad and unprecedented effort" to help consumers understand Vista's requirements.{moscomment}

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