Vista Capable Lawsuit Loses Class-Action Status
The long-running "Vista Capable" lawsuit challenging Microsoft's marketing of PCs capable of running only the most basic version of the Windows Vista operating system has reportedly lost its class-action status.
Federal judge Marsha Pechman decertified the class-action lawsuit, saying that plaintiffs had failed to show that consumers paid more for PCs with the "Vista Capable" label than they would have otherwise.
Judge Pechman deemed that instead of quantifying a specific change in demand for PCs because of the marketing program, an expert witness for the plaintiffs relied on internal Microsoft documents that described the goals of the program. (Source: nwsource.com)
Judge Pechman ruled that the problem with the expert's conclusion is that it merely assumes that Microsoft realized its goals and the court cannot apply an assumption as class-wide proof of causation.
Lawsuits To Continue On Case-by-Case Basis
She wrote that "this ruling makes no comment on the merits or veracity of Plaintiffs' individual (Consumer Protection Act) and unjust enrichment claims," and that the Defendant (Microsoft) is mistaken to equate Plaintiffs' failure to provide class-wide proof of causation with a failure to present an issue for trial. (Source: nwsource.com)
In attempting to dismiss the case, Microsoft contended that they made it clear to consumers what version of Vista the "Vista Capable" PCs could run. Microsoft's request to dismiss the case was denied by Judge Pechman, ruling that Microsoft's argument misses the issue.
Judge Pechman said the plaintiffs could continue with the lawsuit on a case-by-case basis.
The judgement is a victory for Microsoft, which could have faced major damages in a class-action lawsuit. Consumers spent an estimated $1.5 billion on PCs with the "Vista Capable" label.
Visit Bill's Links and More for more great tips, just like this one!
Free guide: Windows 8 Cheat Sheet: Touch and Mouse Gestures. Windows 8 brings a revolutionary way to use your mouse, touchpad, and touchscreen using 'gestures'. If you're new to gestures, you'll most certainly find them confusing - especially if you don't mean to invoke a gesture in the first place! That said, gestures are widely used on mobile and touch-based devices, and the technology is here to stay. Gestures can be a huge time-saver (similar to keyboard shortcuts) once you understand how to use them. For example, you can use gestures to move objects from one location to the next, zoom in, zoom out, enter passwords, and similar. This Windows 8 gesture cheat sheet is designed to make your life easier by demonstrating and explaining the basics. Print, share, and enjoy! Click here to download this guide now! Note: this guide is free, but registration is required; after that, you can select more ebooks and videos for download without registering again. If you have questions / problems with the registration form, please read this.