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

 
 
webster72n
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      02-14-2009

"Thegrackfire" <> wrote in message
news:...
>
> 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!!!


Ignoring your tone I am curious as to what the vulnerabilities in WinVista
are.
Can you fill us in on that? ...

>
>
> 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?


 
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