When Vista isn't Vista: Class Action against Microsoft

The lawsuit said Microsoft's labeling of some PCs as "Windows Vista Capable" was misleading because many of those computers were not powerful enough to run all of Vista's features, including the much-touted "Aero" user interface.

U.S. District Judge Marsha Pechman certified the class action suit but whittled down its scope to focus primarily on whether Microsoft's "Vista Capable" labels created artificial demand for computers during the 2006 holiday shopping season, and inflated prices for computers that couldn't be upgraded to the full-featured version of Vista, which was released at the end of January 2007.

At a hearing two weeks ago, lawyers for Microsoft argued that because each consumer who bought a computer touted as "Windows Vista Capable" had different information at the time of purchase, the lawsuit should not be granted class-action status, while plaintiffs' lawyers said that all individuals who bought "Windows Vista Capable" PCs were united in that "each person in our class did not get what they paid for."

In her ruling, Judge Marsha Pechman granted class-action status, stating that "common issues predominate."

"These common issues ... are whether Vista Home Basic, in truth, can fairly be called 'Vista' and whether Microsoft's 'Windows Vista Capable' marketing campaign inflated demand market-wide for 'Windows Vista Capable' PCs," she wrote.