Vista - Microsoft sued over Vista-to-XP downgrade policy

I guess the fanboys will shrugg this off too.. lol how stupid can one
be? The fanboys have extended the amount of stupidness than I originally
thought possible!!!


http://blogs.zdnet.com/microsoft/?p=2027

Microsoft is under legal siege again over Vista. This time, a consumer
is suing the company for using its monopoly power to force her to pay to
downgrade from Vista to XP on a new laptop.

The Seattle Times provides a synopsis of the suit:

“Emma Alvarado bought a laptop from Lenovo on June 20, 2008, with
Windows Vista Business preinstalled. She paid Lenovo ‘an additional
$59.25 in order to ‘downgrade’ her operating system to Windows XP
Professional.’ Alvarado is seeking class-action status.”

I’m curious who set the price point for the downgrade. And if it was
Lenovo, why isn’t Alvarado suing Lenovo instead of Microsoft? Here’s how
the complaint lays out the reasoning:

“Consumers have encountered numerous problems using the Vista
operating system, and these problems have been widely publicized in
various media outlets. As a result, many consumers would prefer to
purchase a new computer pre-installed with the Windows XP operating
system or at least not pre-installed with the Vista operating system.
However, Microsoft has used its market power to take advantage of
consumer demand for the Windows XP operating system by requiring
consumers to purchase computers pre-installed with the Vista operating
system and to pay additional sums to ‘downgrade’ to the Windows XP
operating system.”

The complaint says Microsoft initially made the “downgrade” option
available to users for $104 for a limited period of time - until June
30, 2008 — but then extended the time period until January 31, 2009 and
then July 31, 2009. Yes, Microsoft’s constantly shifting XP-downgrade
cutoff dates have been a source of endless confusion and mixed messages
about Vista’s readiness. But, again, was it Microsoft making the
downgrade option available for $104 or Lenovo? (And if it was Lenovo
passing on Microsoft’s charge to PC makers, that distinction is worth
noting.)

Microsoft officials have said before that it is up to PC makers as to
how and whether they offered XP downgrades to end users.

I’ve asked Microsoft if it has any additional points to make regarding
its Vista-to-XP downgrade policies. No word back yet.

Update (late on February 13): Microsoft officials said they still had
yet to be served with the Alvarado lawsuit. But regarding the company’s
downgrade policy, a spokesperson sent the following comment:

“Microsoft does not have a downgrade program. It does offer
downgrade rights as part of some Windows Vista licenses, including
Windows Vista Business purchased through the OEM channel. Microsoft
does not charge or receive any additional royalty if a customer
exercises those rights. Some customers may choose or need to obtain
media or installation services from third parties to install the
downgrade version.”

I am not a lawyer (IANAL), but this latest legal complaint sure seems
wobbly, to me. But hey — I initially thought the Vista Capable suit
(which became a class action) was wacky and misguided. It turns out that
lawsuit has yielded a lot of interesting documentation and evidence that
Microsoft knew its marketing actions could potentially confuse and anger
consumers.

What’s your take on this new Vista suit? Do you think it has legs — legs
enough to become another thorn in Microsoft’s side?

"Thegrackfire" <Thegrackfire@xxxxxx> wrote in message
news:49970e6f@xxxxxx-privat.org...
LOL I do not see how this has anything to do with Microsoft. It's
completely flaky.

Saucy

"Thegrackfire" <Thegrackfire@xxxxxx> wrote in message
news:49970e6f@xxxxxx-privat.org...Ignoring your tone I am curious as to what the vulnerabilities in WinVista
are.
Can you fill us in on that? ...