Microsoft Sued Over XP Downgrade Charges
A Seattle woman is suing Microsoft for charging extra to downgrade her computer from Vista to XP. Emma Alvarado is also seeking class action status in her suit, which stems from a $59.25 charge from her laptop's manufacturer, Lenovo, for the OS downgrade.
Alvarado's attorney's are alleging violation of the Washington Unfair Business Practices Act, the Washington Consumer Protection Act, and the Washington Business Practices Act. They've also alleged that:
"To date, nearly one in three consumers purchasing a new computer has paid to downgrade the operating system from Vista to Windows XP."
And:
"As the sole licensor of Windows Vista, Microsoft enjoys vast power over OEMs which it has used and continues to use to stifle competition. ... Microsoft has used its power to coerce OEMs, internet access providers ("IAPs") and others into agreeing to restrictive and anti-competitive licensing terms for its Windows XP operating system in order to stifle competition in the market. ... "
The class status proposed for the suit includes any US resident who "purchased a computer with the Windows Vista operating system for their own use and not for resale at any time during the four years preceding the date of filing of this complaint and paid to downgrade to the Windows XP operating system." If their numbers add up, that would be one third of just about everyone who's bought a Vista PC in the last four years.
Microsoft sued over charge to downgrade Vista to XP [Seattle Times]
tiny dancer
Posted to Hot Stuff, In the News on 13 February 2009
· Comments (1)
Other stuff like this: class action, downgrade, legal suit, microsoft, windows vista, windows xp
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I'm not really buying that 1/3 of buyers have paid to downgrade to XP. That's assuming that 1/3 of the people buying a computer have an understanding of what they are buying, which we're all pretty aware that isn't the case.
Other than that, it's an interesting suit. Is there anything wrong with MS charging extra? Personally, I'm not sure there is, but I can see where someone would get pissy about it. My first question to the plaintiff would be asking them if they can explain the difference between Xp and Vista and why Vista would not work for them. If they can't provide anything other than "I saw commercials and they said Vista stinks" I'd toss the case out right then and there.
They have the right to charge for their products, and if we consider supply and demand and that XP technically isn't available anymore, then its value does go up in comparison to the readily available Vista.
Is it the right thing to do for MS to charge more for the downgrade? No, I don't think so. Are they doing anything illegal? I doubt it.