Microsoft Sued Over Windows Vista Marketing

What she is suing on is a technicality. Her computer says "Vista Capable", not Vista Basic Capable. If it said that, then this suit would be over. If the OEMs in conjunction with Microsoft had different stickers detailing what the computer was capable of doing, then there wouldn't be any grounds for a suit. Since the Vista Capable label is too broad a term and leaves a lot for interpretation, she has the right to sue due to the confusing aspects of the Microsoft logo program. I am not saying its right, but technically she can bring this suit specifically against Microsoft since the Vista sticker is the one Microsoft creates for the OEMs. This means that Microsoft has a set standard of what computers get tagged with the Vista sticker without advertising the fact that it is a crippled version. In this litigious society, that is considered bait and switch.
 
magoo said:
Hey lady.....YES, I would like fries with that.
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fixed!

I see both sides of the argument... but seems to me she's going after the company with the DEEPEST pockets.

Being Stupid, bringing litigation to a big company because you're stoopid... the new American Dream. :rolleyes: :rolleyes:
 
MrE said:
What she is suing on is a technicality. Her computer says "Vista Capable", not Vista Basic Capable. If it said that, then this suit would be over. If the OEMs in conjunction with Microsoft had different stickers detailing what the computer was capable of doing, then there wouldn't be any grounds for a suit. Since the Vista Capable label is too broad a term and leaves a lot for interpretation, she has the right to sue due to the confusing aspects of the Microsoft logo program. I am not saying its right, but technically she can bring this suit specifically against Microsoft since the Vista sticker is the one Microsoft creates for the OEMs. This means that Microsoft has a set standard of what computers get tagged with the Vista sticker without advertising the fact that it is a crippled version. In this litigious society, that is considered bait and switch.
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Yea, but 'crippled' is a term used by people who know what they are doing. She does not, and by law, ignorance is no excuse. It runs vista, just like it said it would. That will be enough for a judge to dismiss it.
 
GORANKAR said:
Hmm.. Did a MS employee put that sticker on that computer? Or was it a BB employee or Dell/Gateway/Compaq/or the likes?? Did MS advertise that particular computer? Or was it a BB employee or Dell/Gateway/Compaq/or the likes??
Methinks she be filing suit against the wrong company..
MS certified it as capable of running Vista, nothing more.. If it can in fact run Vista, then toss the litigation, and slap the dumb !*%#@! with legal fees and call it a day..

We have too many lawyers and too many dumb people in this country.. Sue happy, mouth breathing, inbred, bottom feeding, dumb people.. The same kind who kiss a metal flagpole in the middle of a North Dakota winter, dumb people.. The ones who are so stupid that they don't know hot coffee, is, well, HOT, dumb people... Well, we are a culture that rewards the weak, the stupid, and the lazy, so I should not be surprised..
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I couldnt have said it any better.
You want fries with that?????? Oh yeah, the coffee is hot,too.
 
Modred189 said:
Yea, but 'crippled' is a term used by people who know what they are doing. She does not, and by law, ignorance is no excuse. It runs vista, just like it said it would. That will be enough for a judge to dismiss it.
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If it says "Vista Ready" or "Vista Capable" and it has the MS logo on it, then Microsoft is responsible for the broad claim of compatibility. That said, the OEM could simply put a notice or addendum stating a warning that *not all Vista features supported on this machine. That would end it right there. Since it did not claim "Warning, coffee hot" (remember, nothing is obvious when it comes to law) then she has the possibility of a claim.
 
MrE said:
If it says "Vista Ready" or "Vista Capable" and it has the MS logo on it, then Microsoft is responsible for the broad claim of compatibility. That said, the OEM could simply put a notice or addendum stating a warning that *not all Vista features supported on this machine. That would end it right there. Since it did not claim "Warning, coffee hot" (remember, nothing is obvious when it comes to law) then she has the possibility of a claim.
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But it DOES support all the features of Windows Vista.... Basic
 
I just put a sticker that says Windows Vista Compatible on my toaster. Time to sue.
 
I know. We're all entitled to spewing a cliché once in awhile. You know someone was gonna say it.
 
This lady fits the shirt perfectly

shirtphpqh6.png


And she probably sued Comfort Suites for advertising free high speed internet in her hotel room after she found out that "high speed" was 256k.

She would have been able to read the labels better if her son's balls weren't blocking her view.
 
SpoogeMonkey said:
This lady fits the shirt perfectly

And she probably sued Comfort Suites for advertising free high speed internet in her hotel room after she found out that "high speed" was 256k.

She would have been able to read the labels better if her son's balls weren't blocking her view.
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Hahahaha, nice image there!
 
EXreaction said:
Obviously you have never used integrated Intel GPU's.

I have an Intel gpu on the laptop I am using right now. Aero works just as good on my laptop as it did on my desktop with a 6800 GT (though recently I disabled Aero to hopefully save a little battery life, The Aero theme, while nice, isn't worth any extra battery usage).
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Actually, I have used Intel integrated GPU's, though I won't pretend to say I like them. They're fine for Windows XP and earlier for business use, provided you have enough RAM in your system to run the OS once the graphics have taken their share, and you have a new enough variant that the integrated GPU itself isn't limited to some paltry amount of memory that hurts performance at hi-res with true color.

I'm not a fan of any technology that sucks away main system memory, and of course, the cheapest systems are the ones that have the least RAM, resulting in a larger impact from an integrated GPU. I'm not saying every system should have an insane graphics card, or even a mid-end one. However, if it were to be measured, I think you'd find your 6800GT (assuming all other performance aspects were the same) would easily beat your Intel integrated graphics for running the Aero Glass UI. I think you'd also find the same to be true comparing a 128MB ATI X1300 or Geforce 7300 card to integrated Intel. I'm happy you're satisfied with the way your notebook runs Aero. However, it doesn't mean I would be.
 
LoneWolf said:
Actually, I have used Intel integrated GPU's, though I won't pretend to say I like them. They're fine for Windows XP and earlier for business use, provided you have enough RAM in your system to run the OS once the graphics have taken their share, and you have a new enough variant that the integrated GPU itself isn't limited to some paltry amount of memory that hurts performance at hi-res with true color.

I'm not a fan of any technology that sucks away main system memory, and of course, the cheapest systems are the ones that have the least RAM, resulting in a larger impact from an integrated GPU. I'm not saying every system should have an insane graphics card, or even a mid-end one. However, if it were to be measured, I think you'd find your 6800GT (assuming all other performance aspects were the same) would easily beat your Intel integrated graphics for running the Aero Glass UI. I think you'd also find the same to be true comparing a 128MB ATI X1300 or Geforce 7300 card to integrated Intel. I'm happy you're satisfied with the way your notebook runs Aero. However, it doesn't mean I would be.
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The point that he was trying to make is that even integrated GMA950 runs aero (i can tell you that first hand) so, the system she has, that can't run aero and dreamscene must REALLY SUCK, like it's using onboard S3Virge or something ;-)

That atix1300 and gf7300 and even 6800GT cost more than the price of the onboard intel video. ;-)
 
The problem is that we are a litigious society. What is the FIRST thing that you think of when you think something bad has happened to you? SUE!
What is the first thing you think of when a Limo rear ends someone else in traffic..."Oooooh, he is gonna SUE that guy!"


Hell, after the whole McDonalds coffee thing, even I was tempted to jump up on the counter and dunk my nuts in the coffee machine for the kind of money that lady made off that suit. :eek:
 
Steve said:
The problem is that we are a litigious society. What is the FIRST thing that you think of when you think something bad has happened to you? SUE!
What is the first thing you think of when a Limo rear ends someone else in traffic..."Oooooh, he is gonna SUE that guy!"


Hell, after the whole McDonalds coffee thing, even I was tempted to jump up on the counter and dunk my nuts in the coffee machine for the kind of money that lady made off that suit. :eek:
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:eek::D
QFTMFT
 
This whole thing reminds me of this Penny-Arcade strip:

The Manifold Faces of Vista

20070202if3.jpg
 
obviouslytom said:
This whole thing reminds me of this Penny-Arcade strip:

The Manifold Faces of Vista
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4 versions are really that hard to keep up with? How in the world do the console makers do it? Or car manufacturers? Or..Or.. Or..


Oooo...How bout Linux Distros? And you tell me, 4 version of Vista confuse the avg. consumer, how in the F' will Linux ever make any headway in the consumer market?

Don't get me wrong, I love me some PA, but that strip was pure sensationalism, created for one thing, geared to draw in the bandwidth.
 
dot_Zen said:
Don't get me wrong, I love me some PA, but that strip was pure sensationalism, created for one thing, geared to draw in the bandwidth.
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Yeah. That was supposed to be obvious, being a comic strip and all.

We should just ban the words 'sensationalism' and 'sensationalist' from the News subforum before it really gets thrown around too much.
 
i have some experiance with a similar issue.



a friend of mine with a business bought a computer at circuit city about 2 months ago running windows xp, which is what they want because all employees are familiar with it.

well they want to buy another machine identical to it, and ask for me to go with them cause im knowlegable about computers. so we go back a few weeks later, and we find the identical machine, except now it has vista on it, and is $200 more. well she asks the sales associate about, "why the cost increase?" and "i need windows xp" and "whats the benefits of vista?" while referring to the exact same pc. 4 OF THE 5 THINGS THE SALES ASSOCIATE SAID WERE NOT INCLUDED IN THE HOME BASIC VERSION OF WINDOWS VISTA ON THE PC HE WAS REFERRING TO.

my 4 year old pc is windows vista capable, yet retailers aren't grabbing the crappy crappy computers and labeling them vista capable (even though they are capable of running vista), because they want the average customer to think they need a certain power/quality of hardware to run vista. microsoft creates an artificial demand for the hardware to run vista, customers should get pissed when they find out the hardware is still shit.

now all of you ask yourselves this, how well would you undestand the differences between the versions of windows vista, without a computer and the internet.
and you only had to go by the info of a circuit city sales associate.
 
GJSNeptune said:
Yeah. That was supposed to be obvious, being a comic strip and all.

We should just ban the words 'sensationalism' and 'sensationalist' from the News subforum before it really gets thrown around too much.
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OT: Come again? You saying news can be news, and satire can mimic news, just for viewer ship?
 
Ocean said:
i have some experiance with a similar issue.



a friend of mine with a business bought a computer at circuit city about 2 months ago running windows xp, which is what they want because all employees are familiar with it.

well they want to buy another machine identical to it, and ask for me to go with them cause im knowlegable about computers. so we go back a few weeks later, and we find the identical machine, except now it has vista on it, and is $200 more. well she asks the sales associate about, "why the cost increase?" and "i need windows xp" and "whats the benefits of vista?" while referring to the exact same pc. 4 OF THE 5 THINGS THE SALES ASSOCIATE SAID WERE NOT INCLUDED IN THE HOME BASIC VERSION OF WINDOWS VISTA ON THE PC HE WAS REFERRING TO.

my 4 year old pc is windows vista capable, yet retailers aren't grabbing the crappy crappy computers and labeling them vista capable (even though they are capable of running vista), because they want the average customer to think they need a certain power/quality of hardware to run vista. microsoft creates an artificial demand for the hardware to run vista, customers should get pissed when they find out the hardware is still shit.

now all of you ask yourselves this, how well would you undestand the differences between the versions of windows vista, without a computer and the internet.
and you only had to go by the info of a circuit city sales associate.
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Don't ask someone at a Tv store!
My grandparents don't know crap about computers. While they use me as a source, they also thought up a really good idea. They called up the local university (This being in Austin, so UT) and got ahold of their computer science dept. They paid some kid $40 to sit down with them (over lunch they paid for) and figure out what they needed.
Being creative is a good solution.


Ultimately, though, if you buy something you don't research, it's your own damn fault if it doesn't add up.
And if she bought something made for Vista basic, it's her own damn fault for buying a celeron.
 
dot_Zen said:
OT: Come again? You saying news can be news, and satire can mimic news, just for viewer ship?
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I must not be following you. You're accusing the comic strip of doing what it's made to do?

It's a satire, as you said, for people with a sense of humor. You don't have to be confused or even think the Vista versions are confusing to think it's funny. It's posted on a website because people find entertainment reading them. That brings in viewers.
 
dot_Zen said:
4 versions are really that hard to keep up with? How in the world do the console makers do it? Or car manufacturers? Or..Or.. Or..


Oooo...How bout Linux Distros? And you tell me, 4 version of Vista confuse the avg. consumer, how in the F' will Linux ever make any headway in the consumer market?

Don't get me wrong, I love me some PA, but that strip was pure sensationalism, created for one thing, geared to draw in the bandwidth.
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Exactly
 
Ignore my prev post, it did work right and won't let me edit.
I meant to say:

"Oooo...How bout Linux Distros? And you tell me, 4 version of Vista confuse the avg. consumer, how in the F' will Linux ever make any headway in the consumer market?"

.... Exactly, they won't
 
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