NEW YORK: Microsoft Corp has been sued by an end-user of its Windows Vista operating system for its labeling PCs "Windows Vista Capable" even when the operating system in use was Vista Home Basic.
Before the formal introduction of Vista in the market, the software major had carried out a marketing campaign in which PC makers had put stickers on computers telling potential buyers they could upgrade to Vista when it is launched in the market. However, most of these PCs were capable of running only the Home Basic version of Vista, which is devoid of several of the features, which Microsoft allegedly advertised as included in 'Vista'.
The lawsuit, filed in the U.S. district court for the western district of Washington, seeks class action status and calls for damages in excess of $5 million. It notes that the size of the class could exceed 10,000 people.
The suit alleged that the company misrepresented the capacity of computers to run all the features of Vista. It quotes a senior vice president of Acer Jim Wong as commenting "Premium is the real Vista."
It said pursuant to Microsoft's Express Upgrade program, consumers purchasing 'Windows Vista Capable' computers were made to believe they would receive upgrades to Vista for little or no cost. However, the upgrade for many of these customers had been to Home Basic, which offers few advantages and few of the features that the company had marketed as Vista, like the Aero desktop and Flip 3D navigation.
It said consumers were falsely led to believe they would be upgraded to a version of a "dramatically new operating system that Microsoft knew was Vista in name only, and was not functionally superior to the XP operating system."
"In sum, Microsoft engaged in bait and switch -- assuring consumers they were purchasing 'Vista Capable' machines when, in fact, they could obtain only a stripped-down operating system lacking the functionality and features that Microsoft advertised as 'Vista'," the suit alleged.
A Microsoft spokesperson said the company had made a broad effort to educate computer manufacturers, retailers and consumers on the hardware requirements for Vista. This aspect, he said, the company will present before the court and also address other issues raised in the suit.
The suit has been filed by Dianne Kelley of Camano Island, Washington. She is seeking a jury trial.
