Windows 7, the next iteration of the Windows operating system, is in danger of being just as (in)capable as its predecessor, Windows Vista. This scenario was put forward by the plaintiffs in the Vista Capable lawsuit against Microsoft. The legal action, debuted in 2006, alleges that Microsoft misled consumers with the Windows Vista Capable logo program in order to help sell inferior machines, with hardware that was incapable of running the high-end editions of the operating system. The lawsuit has recently been given green light in terms of its class-action status by U.S. District Judge Marsha Pechman. Microsoft appealed the decision on March 7 with the 9th U.S. Circuit Court of Appeals, and asked the U.S. District Court in Seattle to freeze the trial until the appeal was dealt with.

Lawyers for the plaintiffs responded with a filing asking Judge Marsha Pechman to allow the lawsuit to proceed on its due course toward trial. On March 17, the plaintiffs argued that Microsoft was attempting to stop more internal company documents to come into the open, illustrating how it had abused the Vista Capable Logo program. Another filing with the 9th U.S. Circuit Court of Appeals from the plaintiffs was filed on March 19, in order to stop Microsoft's appeal. The two separate filings are available here and here, courtesy of SeattlePI. One of the points made by the plaintiffs was that they were attempting to stop Microsoft from using the same marketing practices it did for Windows Vista Home Basic for Windows 7.

"Delaying resolution of the merits (for years potentially) would permit Microsoft to engage in the same wrongful conduct with its soon-to-be-released Vista replacement: Windows 7. Microsoft incorrectly states that 'the Court has no concern of more people being exposes to the conduct at issue during the stay.' Microsoft plans to release its next operating system Windows 7, 'in late 2009, or early 2010.' Applying the same timeline from the Vista Capable program we gather Microsoft employees are having the same 'spirited' debate about unveiling a 'Windows 7 Capable' program to maintain demand for Vista-based PCs prior to the Windows 7 launch. We believe this case will help the decision makers within Microsoft "do the right thing" for potential Windows 7 consumers, rather than allowing its preoccupation with profit to take precedence over the wisdom and counsel of its employees, as well as its OEM and retail partners," reads an excerpt of the filing.