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Microsoft Moves To Quash Case, End E-mail Revelations 158

CWmike writes "Microsoft asked a federal judge yesterday to end the class-action lawsuit that has been the source of a treasure trove of embarrassing insider e-mails covering everything from managers badmouthing Intel to others on who worried how Vista would be compared to Apple's Mac OS X in 2005. In seeking to end the case, Microsoft argues the plaintiffs have not demonstrated that the lowest-priced version of Windows Vista was not the 'real' Vista, or showed that users paid more for PCs prior to the new operating system's launch because of the Vista Capable campaign."
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Microsoft Moves To Quash Case, End E-mail Revelations

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  • Good Luck MSFT (Score:5, Interesting)

    by mfh ( 56 ) on Saturday November 22, 2008 @04:47PM (#25859851) Homepage Journal

    I worked retail during the period "Vista ready" hit the shelves and only a very small handful of machines meet what our team of salespeople would consider to be truly capable of running vista. The whole thing was a total scam to sell as many computers as possible during the typical iteration lull; when a new product is about to release, nobody typically wants the old one. The seriously funny part of Vista's release is how few people wanted it, but MSFT acted like everyone was going to love it, thus proving how out of touch they are with reality. The new Seinfeld ads prove this to be true. Power corrupts, and absolute power corrupts absolutely.

  • by Dutch Gun ( 899105 ) on Saturday November 22, 2008 @04:49PM (#25859857)

    ...of selectively disabling features in a software product and selling a product at a lower price. It's a bit different for things in the real world, where there's a real physical cost involved with adding extra do-dads and features to products. But in software, it's just flipping a few bits to remove features you've already developed. The crazy thing is, it actually costs *more* to do this, as the company now has multiple versions of the product to package, distribute, and support.

    I'd much prefer the game industry's model of "premium versions" of a game containing extra bonuses. The core product is the same, but if you want to pay for it, you can get a few extras, maybe a "making of" DVD, or a CD containing the soundtrack, books and figurines, stuff like that.

  • by naoursla ( 99850 ) on Saturday November 22, 2008 @04:58PM (#25859911) Homepage Journal

    The EU requires Microsoft to release a basic version as part of their antitrust lawsuite. Each feature in the premium versions requires a price attached to it and the premium version has to cost the same as the basic version plus the price of each additional feature. If any discount is given for combining features then it is considered "bundling" and is not allowed.

  • by jacquesm ( 154384 ) <j AT ww DOT com> on Saturday November 22, 2008 @05:04PM (#25859935) Homepage

    Better yet, they've elevated it to an artform. Buying representatives on standards committees, bribing government officials to get rid of FOSS friendly legislation, the list is endless.

    When having to choose between monsanto and microsoft as the supreme example of an outright criminal corporation it's a tough choice.

  • by Jeremy Erwin ( 2054 ) on Saturday November 22, 2008 @06:40PM (#25860459) Journal

    Since Apple controls its product line, the responsible thing to do would be to make sure that all of their current products supported CoreImage-- essentially, floating point fragment shaders.

    I'm not sure if Apple offers a machine that does not. It shouldn't.

    The Vista ready program was designed to assure customers that they would be able to buy a computer that Vista would run well on. In the pre-Vista era, Aero was certainly hyped [microsoft.com]. It's not inconceivable that some poor hapless soles bought new computers in the expectation that they would be able to use Aero, when it came out and were sorely disappointed when they found out that they could not.

    Now that Vista has been released, you can demo a prospective purchase in the store, find out that the interface is not as lickable as you were led to expect, and move on. Or you can read reviews, and note the line "Not powerful enough to run Vista". But prior to release, it was all about trust, fine print, and careful research.

  • by Wingsy ( 761354 ) on Saturday November 22, 2008 @06:52PM (#25860515)
    From ieee.org, and other places: Unfortunately, 158 pages of internal Microsoft emails by employees like Michael Nash, a Microsoft vice president who oversees Windows product management, tends to undercut Microsoft's insistence that there was nothing misleading with Vista. Nash wrote that he "personally got burned" by buying a laptop that was labeled as Windows Vista Capable: "I now have a $2,100 e-mail machine." If their advertising can fool a VP then it surely can fool the plaintiffs. I don't think they have a leg to stand on.
  • by jawtheshark ( 198669 ) * <slashdot@nosPAm.jawtheshark.com> on Saturday November 22, 2008 @07:01PM (#25860569) Homepage Journal

    Are you going to tell me that a consumer who purchased a machine with a "Vista-ready" sticker would seriously have expected or understood that it could only run the most basic version of Vista?

    In January 2007, I bought such a "Vista Capable" computer and I'm usually not the one to defend Microsoft. However, on the box of the machine there was a sticker saying "Vista Capable", but the text next to it clearly identified the fact that it wouldn't run Aero and that it will be Vista Home Basic at best. [Relevant Journal Entry [slashdot.org]]. It was very clear to me: I can read....

    That said, that machine was never meant to run a Microsoft product. The preloaded version of Windows XP MCE (the journal entry says Windows XP Home, but I was wrong), lived on it for a few months and then made place to Ubuntu.

    Yes, indeed, just going by the sticker was quite misleading.... Actually reading the fine print was not. But then, I am a computer Geek and did understand what the fine print said.

  • by lysergic.acid ( 845423 ) on Saturday November 22, 2008 @08:06PM (#25860965) Homepage

    anyone who's been reading Slashdot since "Longhorn" started development would know that Microsoft had always intended for Vista to have different levels of UI capabilities depending on the hardware it is running on. that's not news to anyone here, and even without the fine print most Slashdotters wouldn't equate the "Vista Capable/Ready" sticker with "Aero Capable."

    however, and this is a pretty big however, we're not the average consumer. unless you're a tech geek, you're not going to know these details about Vista, or know what Aero even is. just like unless you're a car-buff you're probably not going to know what kind of engine your new car has other than that it's a V4/V6/V8. should a car-buyer know the internal workings of the vehicle they are looking to purchase? i think that's debatable. but in this case it's completely besides the point.

    consumers were clearly misled in this case with a combination of deceptive actions on the part of Microsoft:

    • first off, the Vista advertising campaign focused entirely on the "Vista Premium" setup, which is why people don't think they're getting the "full Vista experience" with their non-Premium setups.
    • secondly, the Vista advertising campaign never even mentions "Premium" or "Vista Premium" but simply presents the product shown as "Windows Vista."
    • Microsoft reinforced this notion further by deliberately used a single-tier "Vista Capable" program, which used a single sticker on every Vista machine without distinguishing which ones fully-supported the heavily advertised "Vista Premium" experience.

    you can't have it both ways. you either advertise your product as clearly having multiple tiers, or you deliver the full "premium" experience which includes all of the features advertised.

    and, IANAL, but i don't think fine print by itself is sufficient defense against false advertisement charges. i highly doubt that there's anyone out there who's never missed a line of fine print, either in a contract they're signing, a TV commercial they watched, a magazine ad they glanced over, or (in this case "fast talking") a radio commercial. the very nature of fine print/fast talking makes it impossible, or at least impractical, for an ordinary human-being (as opposed to the radioactively-enhanced type) to catch all of the information businesses try to slip past consumers. just like it's impractical for a consumer to become an expert on every product they're looking to purchase.

  • by jawtheshark ( 198669 ) * <slashdot@nosPAm.jawtheshark.com> on Saturday November 22, 2008 @08:20PM (#25861035) Homepage Journal
    Well, he could run Linux on it and it wouldn't be an email machine ;-)
  • by VGPowerlord ( 621254 ) on Saturday November 22, 2008 @11:06PM (#25862061)

    The Home/Pro versions of XP have a historical reasoning, though.

    XP Home replaced Windows 98/ME.
    XP Professional replaced Windows NT4 Workstation/Windows 2000 Professional.

    Now, you could argue that XP should have combined these into one. I agree. However, I wouldn't have though too much of it if they were kept separate versions going into Vista.

    Instead, Vista subdivided each of these markets in half:
    XP Home to Vista Home Basic and Vista Home Premium
    XP Professional to Vista Business and Vista Enterprise; although Enterprise didn't come until later and is the only version not to be on the same install media as the others.

    Then there's Vista Ultimate for people who are naive enough to pay more to have the features of Vista Home Premium and Vista Business plus a few (IMO) useless extras.

  • by node 3 ( 115640 ) on Sunday November 23, 2008 @01:47AM (#25862789)

    Is that too inconvenient a truth?

    Inconvenient for you, it's not a truth. Apple doesn't force any of their iPod owners into using their store. iPods will play any MP3 or AAC file just fine, no DRM required.

    Furthermore, Apple is actively seeking to remove DRM from their store, and was the first mainstream store to call for it. If they were a monopoly, and were trying to lock their users in, would they really clamor for the ability to remove the only artificial lock in the whole system?

    Apple's philosophy is to compete on quality. They use open formats just about across the board. They give their users a way to export just about everything. The only lock-in is in people actually wanting Apple's products.

Love may laugh at locksmiths, but he has a profound respect for money bags. -- Sidney Paternoster, "The Folly of the Wise"

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