Microsoft mis-targeted by XP downgrade suit?

Stephen Withers
Monday, 16 February 2009 04:04

IT Industry - Market

In other words, the Class originally chose to use a product from a monopoly supplier, and now they are complaining that in order to continue using that same product they have to continue dealing with a monopoly supplier.

Let's back up a little. Just who is Alvarado suing?

The defendants are Microsoft and "Does 1 through 100" - "the persons, firms and corporations who have participated with Microsoft in the wrongdoings complained of and have performed acts and made statements in furtherance thereof."

Given that Microsoft provides the downgrade right as part of a Vista Business or ultimate OEM licence and levies no additional charge when a customer exercises that option, it's hard to see why it is a party to this case.

The Does are apparently companies such as Lenovo who sell systems with Vista OEM licences.

But if Microsoft is ruled out of the case, how can any other company be participating with it in wrongdoings?

We'll leave that one for the lawyers and the judge to sort out.

Is Alvarado asking for something for nothing? Please read on.