Judge: 'Windows Vista Capable' Suit Can Proceed
Way back in April, a class-action lawsuit was filed against Microsoft, alleging that Microsoft used deceptive marketing practices when it allowed computer and other hardware makers to use the term "Windows Vista Capable" on their items, when in fact the hardware was unusable with Vista. The suit really centers around personal computers labeled as "Windows Vista Capable" before the operating system released in January. A judge has ruled that the lawsuit can proceed and set a court date for October.
Seattle District Court Judge Marsha Pechman on Tuesday rejected Microsoft's request for a dismissal of the case. Microsoft had argued that the plaintiffs, Dianne Kelley and Kenneth Hansen, lacked standing to bring the action.
Kelley and Hansen claim that many personal computers labeled as "Windows Vista Capable" before the operating system hit stores in January were hardly that. Microsoft assured consumers "that they were purchasing Vista capable machines when, in fact, they could obtain only a stripped down operating system," according to the initial complaint.
I can attest to great difficulty when trying to get my Dell Inspiron XPS M1710 upgraded to Vista - mostly because of a driver issue. Aside from that it wasn't that bad, but in my case that particular laptop is top-of-the-line and definitely has a high Vista performance rating.