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Microsoft filing in 'junk PC' lawsuit is full of holes
24 comments- TAGS:junk PC, lawsuit, Microsoft, Vista, Vista capable
- IT TOPICS:Government & Regulation, Operating Systems, Software, Windows & Microsoft
Microsoft's attempt to get a judge to throw out the Vista "junk PC" suit shows off every aspect of the lawyer's art: It's misleading, factually incorrect, and stresses legalisms over common sense. It also flatly contradicts emails from Microsoft officials. Here are the details, including excerpts from Microsoft's filing.
The latest filing is part of the 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.
As Computerworld reports, Microsoft asked on Friday that the judge suspend the suit while Microsoft appeals the decision to allow the class-action suit to go forward. Microsoft filed a variety of legal papers backing up its requests.
One of the more outrageous and amusing claims from Microsoft in these papers is that everyone at the time of the release of Windows Vista knew that Vista Capable PCs couldn't run most of the important features of Vista, including Aero. Here's some of Microsoft's reasoning:
Microsoft's press releases and media briefings explained the WVC [Windows Vista Capable] program and the "Premium Ready" designation. Its "Get Ready" Web site explained the editions of Windows Vista and the hardware requirements for each.
If that's the case, then, why did top Microsoft officials --- in fact, the honcho in charge of the entire Vista development and marketing program --- not even know that Windows Vista Capable PCs couldn't run Aero?
As I've written about in a previous blog, Steven Sinofsky, who was top Windows honcho, wrote this in an email:
Is it true that Vista Ready doesn't necessarily mean Aero capable? I got a Dell Latitude that is Vista Ready but doesn't have enough graphics h/w.
If the person who should know more than anyone on the planet about Vista --- the Microsoft official in charge of it --- didn't know that Vista Capable PCs couldn't run Aero, then how could Microsoft expect that ordinary consumers should know?
I can also vouch from personal experience that the Vista Capable PC program was exceedingly confusing. I covered the Vista launch for Computerworld, and have written several books about Vista, including Windows Vista in a Nutshell, and even I was confused about what Vista Capable meant.
Here's more of what Microsoft had to say in its recent filing:
Retail displays summarized the features of each Windows Vista edition. These materials promoted "Premium Ready" PCs and explained that they could deliver more advanced Windows Vista experiences.
If these retail displays were so helpful, then why did retailers worldwide say they and consumers were thoroughly confused about the Vista Capable scheme? Here's what Microsoft exec Steve Schiro had to say about Wal-Mart's opposition to the marketing plan:
This feedback has been consistent from retailers around the world. We should not let consumers or retailers have to decipher what windows Vista capable means.
Throughout the recent filings, Microsoft also says that it shouldn't be the target of the suit because OEMs like Dell, and retailers like Wal-Mart, sell the PCs, not Microsoft. But, in fact, those OEMs and retailers were pulled kicking and screaming into selling Vista Capable PCs, against their will. For example, here's what Microsoft exec Robin Leonard wrote about how unhappy Wal-Mart was with the Vista Capable scheme:
Wal-Mart was very vocal regarding the Windows Vista Capable messaging. They are extremely disappointed in the fact that standards were lowered and feel like customer confusion will ensure.
In its recent filings, Microsoft also complains that the suit will cost the company too much money:
...discovery on class merits issues will cost Microsoft a substantial sum of money and distract key personnel from their full-time jobs. If the Ninth Circuit reverses the class certification order, Microsoft will have no way of recouping those costs.
In business, when you make a mistake, you have to pay for it. With the Windows Vista PC scheme, Microsoft very clearly made a very big mistake. It should pay for it. It can certainly afford to, given that it's the biggest software company on the planet.
Microsoft can make all of this much simpler on itself. It should just settle the suit now, and move on to other things...like developing Windows 7.
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