Software vendor asks for dismissal of ?Vista Capable? class action case

Microsoft makes new motions in Vista lawsuit

Microsoft has asked the presiding judge of its ‘Vista Capable’ lawsuit to de-certify the class action and to dismiss the plaintiff’s claims.

The trial was initiated by a group of PC owners that bought lower-end computers that ran Vista Home Basic Edition, a simple form of the operating system that lacks the Aero graphical interface but still carries the ‘Vista Capable’ sticker.

The lawsuit alleges that the Basic edition is not really Vista because of the lack of Aero and other features common to the Vista line, therefore the addition of the ‘Vista Capable’ sticker artificially inflated prices, misleading consumers into buying a low-end PC based on its support for Vista.

“The fact that Windows Vista Home Basic lacks some features available in premium editions of Windows Vista (as Microsoft always disclosed) shows only that Microsoft properly markets Windows Vista Home Basic as a distinct budget edition,” reads the Microsoft counter-motion. “Windows Vista Home Basic falls well within the Windows Vista family as a technical matter.”

It goes on to conclude: “Because it is clear that Plaintiffs cannot prove any element of their ‘price inflation’ theory, Microsoft moves for summary judgment.”

Source: The Inquirer

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