Microsoft Could Harvest Plaintiffs for Class Action Lawsuit Against Itself

Microsoft could be forced to harvest plaintiffs for a class action lawsuit against itself via Windows Update. Because of the Windows Vista Logo program, the Redmond company is now on the defense in a lawsuit alleging that the company used deceptive marketing tactics to trick consumers into buying the Home Basic SKU of its operating system preloaded on Vista Capable machines. The plaintiffs argue that Home Basic lacks the features specific of all other editions of the client, and that Microsoft should not have permitted machines capable of running only the most basic version of the platform to be labeled Vista Capable.

Since the lawsuit has been awarded class action status, the existing plaintiffs are looking to attract even more potential class members and are proposing that Microsoft itself does so via its Windows Update infrastructure. “Although Microsoft cannot identify class members, it can communicate to them through its Windows Update program. Windows Update is a 'free, built-in service' that provides Windows end-users (including potential class members) with periodic software and system updates,” reads a fragment of the filing from attorneys at Gordon Tilden Thomas & Cordell, according to SeattlePI.

The filing reveals that the class notification would also be “advertised” on additional types of media, but plaintiffs insist that Microsoft's WU program should be involved in the process. In the motion it is argued that the Redmond company has the possibility to communicate the written details of an update to end users. The plaintiffs hope to be able to contact no less than 15 million potential class members running Vista Home Basic in this manner.

“If you purchased a computer certified as 'Windows Vista Capable' and not also bearing the "Premium Ready" designation, your rights may be affected by a class action lawsuit. Click here for more detailed information,” reads the proposed message Microsoft would send via WU.