14 DAY TRIAL // Microsoft poured a $1.64 billion deferral in the technology guarantee programs associated with Windows Vista and the 2007 Microsoft Office that were made public all the way back in October 24, 2006. But the Windows Vista Capable and Premium Ready logos program might backfire. A class action suit has been filed against the Redmond Company in Seattle alleging that Microsoft has engaged in deceptive marketing practices.
Both the Windows Capable and Premium Ready logos have been used to identify system configurations designed to run the core experiences delivered by Windows Vista. However, the machines labeled Premium Ready were reserved for a superior experience of the operating system.
Dianne Kelley of Camano Island is the disgruntled computer buyer on behalf of which the class action suit has been filed. Kelley accuses Microsoft of deceptive and unfair conduct in marketing and selling Windows Vista. The lawsuit is focused on Microsoft's alleged failure to make a clear distinction between Capable and Premium Ready machines, as a Windows Vista Capable PC is often limited to running only Home Basic. "All the 'wow' stuff that Microsoft is selling and marketing is present in (Windows Vista Home) Premium, but it's not present in Basic," said Michael Rosenberger, a lawyer representing Kelley.
"The facts are just very different from what's alleged in the complaint. Microsoft conducted a very broad and unprecedented effort to educate not just consumers who were going to buy our products, but the PC manufacturers and retailers who sold computers to understand the hardware requirements to run the various flavors of the Windows Vista operating system," commented Said Linda Norman, a Microsoft associate general counsel.
The class action lawsuit also points a finger to Microsoft Chairman Bill Gates, accusing him of furthering the Vista deceptive marketing via an apparition in the NBC's The Today Show. Gates is accused of touting a $100 upgrade to Windows vista when in fact for that amount of money, users of previous versions of Windows can only upgrade to Home Basic, and not to the Premium editions of Vista.