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Preston Gralla's picture
Preston Gralla

Seeing Through Windows

Here's how to become part of the Vista 'junk' PC lawsuit

If you bought a Windows Vista Capable PC, and want to be involved in the class-action suit against Microsoft for misleading advertising, it's simple to do. Here are the details.

As I've written previously, a federal judge has given class-action status to a lawsuit against Microsoft for a marketing scheme in which people claim that Microsoft misled consumers into buying the Windows Vista Capable PCs, even though the PCs couldn't run the most important features of Vista. A Microsoft employee has said of the PCs, "Even a piece of junk will qualify" to be called Windows Vista Capable.

The legal firm Gordon Tilden Thomas & Cordell LLP filed the suit on behalf of plaintiff Dianne Kelley. Because the judge in the suit has allowed it to become a class-acton suit, the lawyers are looking for more people who bought Windows Vista Capable PCs and want to be involved in the suit.

In the words of the law firm, "the class action lawsuit alleges that Microsoft violated consumer protection and other laws by marketing PCs as 'Windows Vista Capable' (supposedly upgradable to Vista when it later launched) despite the fact that consumers could upgrade only to 'Vista Home Basic' --- a stripped-down operating system lacking the functionality and features that Microsoft advertised as 'Vista' and which has been described as "'the most pointless edition of Windows that Microsoft has ever released.'"

The suit also covers those "who purchased a "Premium Ready" PC with an "Express Upgrade" to Home Basic.

If you think you deserve to be in the suit, the law firm says, fill out this online form, or send and email to classaction@gordontilden.com.

If you want to see a copy of the suit, get it here.

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What People Are Saying

Rate this
Rated -48
262 Votes

Microsoft owes me

and so does Sony. I bought a Vaio laptop with Vista Business preinstalled. It was advertised as being specifically optimized for Vista, with 2 GB of RAM. Well, guess what - 2 gigs is wholly inadequate. And its not possible to install more RAM. So it served as a very expensive paperweight. I finally had to bite the bullet and upgrade to XP. The 2nd level tech support guy at Sony (1st level completely clueless, as usual) said he did the same with his own Sony laptop. Of course I can no longer use some of the Vista-only capabilities, like the video camera.

It's a form of theft, in my opinion.

Rate this
Rated -6
168 Votes

I have been using Vista for

I have been using Vista for over a year now with a desktop with only 1 GB of memory. I have no issues with Vista. 2 GB is fine for Vista you might want to check the graphics on the system, in my experience the graphics cards are overlooked way to often. The only reason I can see you having issues with 2 GB is you are running to much junk in the backgroud. This bloatware is not Microsoft's fault. These maker's have dumped tons of programs on the machine, and it makes it hard to pull the junk off. Google, Yahoo, and tons of Gaming sites are paying a lot of money to load new computers with a lot of programs that slow and bog down computers. Let's put the blame exactly were it should be put.

Rate this
Rated +8
320 Votes

Different versions

I was also mis-lead of the Vista compatible sticker. I started to think can they really make Microsoft pay? Next thing you will see a post about a person buying the low end version of software and wished they had pro version and wanted to sue. For example - What if I bought Adobe Acrobat basic and was un-happy with it and wanted to sue because I don't get all the features of Pro. That's non-sense. I do agree to a point that when I was shopping for a laptop the laptops didn't have the Vista Upgrade Advisor loaded on each laptop so I could see what version of Vista I could run on the laptops I was considering to buy. I personally think XP Media Center is by far the best OS for home users.

Rate this
Rated 0
360 Votes

Pennies for purchasers, Millions for attorneys

Once again, we have a class action lawsuit in which a law firm is soliciting PC purchasers to sue. This used to be called barratry, but now it is just good business. I wonder if Gordon Tilden Thomas & Cordell have an ad in the center section of the local TV guide!

Rate this
Rated +12
394 Votes

Moving closer and closer to Linux

Windows Vista is such a huge disappointment for me that I also upgraded back to WindowsXp and started to seriously take a look at Linux. I have nothing to loose here since Linux is completely free and you even get the source code with that. Anyways I'm now running Mandriva Linux 2008 (in a dual boot configuration) for the last few month and I'm starting to love it more and more every day. I wouldn't be surprised if in a year or two when I get more comfortable with Linux I completely remove Windows XP from the hard drive.

Rate this
Rated +19
373 Votes

mandriva-xp

i am doing the same thing, have mandriva 2008 powerpack installed and have xp dual boot. mandriva set the whole thing up by itself, xp is only there for autocad and thats all. goodby m$ office for open office, m$excel for open office. goodbye M$
althogether shortly

Rate this
Rated +20
286 Votes

Almost there!

Linux - cool but still too tough to use - make your next computer a Mac running Parallels and your torture will be over (except of course for the WinOS running in Parallels). Leave the dark side!!!

Rate this
Rated -9
407 Votes

This is just another

This is just another frivolous lawsuit. The hardware manufacturers were simply trying to push value end PCs to users with the notion that it will support Vista to drive holiday sales as the new OS was pending release. Microsoft put out labeling standards that allowed the PC builders to claim this Vista status on sub standard PCs for the base version of Vista. That was Microsoft's only mistake. And, shame on consumers that did not do their homework. They should really redirect their anger to those who made money on the minimal hardware claim such as HP, Dell, and Gateway. They are the ones who are claiming Vista capable.

Rate this
Rated -5
417 Votes

My effort to overcome the

My effort to overcome the Vista upgrade I junked my PC and purchased a Mac. Had it for a year and glad I did.

Born Again

Rate this
Rated +64
500 Votes

How To Avoid Future Vista Problems

I am a long time IT Professional and I have to say, IMO the best what to avoid vista problems is intstall Ubuntu Linux. I recently installed linux because once again wantt to try to move away from microsoft products. Here is more on that http://www.itsupportnotes.com/ubuntu/ubuntu-desktop-a-linux-os-for-everyone.html The bottom line is Microsoft is know for pushing software out the door before it is ready. They will continue to to do so in th future unless consumes make them change.