Microsoft on Friday asked a federal appeals court to overturn a February 22 ruling that allowed a class-action suit to begin against Microsoft's “Vista Capable” marketing campaign.
The lawsuit is addressed to Microsoft's assertion, through its marketing, that computers were "Vista capable," when, in fact, some could only run Windows Vista Home Basic, which lacks some of the operation system's core benefits.
US District Judge Marsha Pechman did set a limitation on the consumers who can be included in the class, though. According to the Seattle Post-Intelligencer, the lawyer must add, as a plaintiff, a consumer who bought a PC as part of the Windows Vista "Express Upgrade" program within 30 days, if they want to pursue that portion of the case.
In the latest update from the Post-Intelligencer, Pechman adds that the plaintiffs could not pursue a class action on the basis that consumers had been deceived because "an individualized analysis is necessary to determine what role Microsoft's "Windows Vista Capable" marketing program played in each class members' purchasing decision."
Microsoft is disputing the allegations.
"We are currently reviewing the court's ruling,” spokesman Jack Evans said. “We believe the facts will show that Microsoft offered different versions of Windows Vista, including Windows Vista Home Basic, to meet the varied needs of our customers purchasing computers at different price points."
The New York Times claims, though, that Mike Nash, Microsoft VP who oversees Windows product management; Jon A. Shirley, a Microsoft board member and former president and chief operating officer; and Steven Sinofsky, the company's SVP responsible for Windows all claimed to have problems with the Vista program in e-mails sent out through internal communications.
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