Did Microsoft pull a fast one when launching their Windows Vista initiative? Apparently two people from Seattle said they did.
Yesterday, a federal judge ruled that two PC owners may proceed with a lawsuit against Microsoft for "deliberately deceiving the public" regarding the Windows-ready Vista campaign throughout January.
The class-action suit specifically asserts that Microsoft intentionally lied about Windows Vista PCs and "that they [customers] were purchasing Vista-capable machines when, in fact, they could obtain only a stripped down operating system."
But it looks like the suit may be dismissed quickly and quietly; Ray Persons, a partner from law firm King & Spalding, said, "It’s awfully unusual for a court to certify a class action where the allegation is a bait and switch. In order to prove fraud, you’ve got to look at whether the individual reasonably relied on the defendant’s alleged misrepresentations, and that kind of individual-by individual determination really defeats the efficiencies of a class action."
In the end, I have a feeling this civil suit won’t be getting anywhere other than a dismissal.
[Via Reg Hardware]
