"Vista Capable" Lawsuit Is Now a Class Action 225
An anonymous reader notes an update in the Seattle Post-Intelligencer reporting that the lawsuit against Microsoft's "Windows Vista Capable" marketing campaign has been granted class-action status. We discussed the company's internal misgivings with this campaign a while back. The suit alleges that "...Microsoft unjustly enriched itself by promoting PCs as 'Windows Vista Capable' even when they could only run a bare-bones version of the operating system, called 'Vista Home Basic.'" In the 2006 pre-holiday season, Microsoft had placed "Windows Vista Capable" stickers on machines to keep the sale of Windows XP machines going after Vista was delayed. Microsoft didn't lose out totally in the recent ruling — the article notes that the judge "narrowed the basis on which plaintiffs could move forward with their claims."
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Re:Its not a lie! (Score:5, Funny)
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If this is like most class action lawsuits, then the "victims" will get a certificate for a 10 percent discount on a Zune, and the lawyers will get $3,000,000 in legal fees.
Chair Warning.. Watch yourself.. (Score:3, Funny)
MS selling hardware? (Score:2, Insightful)
I'd have thought the hardware manufacturers would be the ones who didn't want sales to fall.
I remember the same sort of campaign when XP came out. The laptop I bought then had an "XP capable" (or something that sounded similar) sticker on the box, even though it came with ME installed and with a voucher for a cheap XP Home upgrade when it came out. After having upgraded it and having seen the pe
Re:MS selling hardware? (Score:5, Informative)
I'd have thought the hardware manufacturers would be the ones who didn't want sales to fall.
I remember the same sort of campaign when XP came out. The laptop I bought then had an "XP capable" (or something that sounded similar) sticker on the box, even though it came with ME installed and with a voucher for a cheap XP Home upgrade when it came out. After having upgraded it and having seen the performance under XP, I reformatted it and downgraded. Not to ME, but to Win2000, which it still runs fine.
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Well, let's see... last time they made money hand-over-fist, so why would they change things around?
Re:MS selling hardware? (Score:5, Insightful)
Re:MS selling hardware? (Score:4, Informative)
Except, only one part of that statement is true....
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No hacks no new drivers, just sucks.
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Ok, let's say each of those features requires a gigabyte of compiled code to implement. What do you reckon the other eleven giggabytes are being used for?
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Apple definitely has the edge in configuration. Microsoft has to get its act together and recognize that UPnP is dead. Bonjour is deployed, works and is supported by a huge number of hardware providers. It took me minutes to hook my Mac up to my network attached printers and Windows Home server.
Microsoft has the edge when a configuration goes
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Built in virtualization would have probably been a better approach than what M$ has done thus far: trying to tweak Vista to support the most popular XP applications. I wonder how many people even bother to try and use the Compatibility Wizard.
I wo
Corporate path: Windows 98, Windows XP. (Score:2, Informative)
This Slashdot story is part of the complaining about Microsoft's abusiveness, and so is the class-action lawsuit. At present, Windows 2000 will be completely killed on 7/13/2010 [microsoft.com]. However, that is only because people complained intensely. The original death date for Windows 2000 Professional was 2007. That's why it is so important to complain.
See a quote from this comment [slashdot.org] on an earlier Slashdot story: "Microsoft's customers were forced to upgrade to Windows XP because Windo
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Re:MS selling hardware? (Score:5, Informative)
Not quite.
MSDOS was a clunker, all the way.
Windows 95 (and its' Service Pack, Windows 98), while the first usable OS from MS, was rife with problems
You would not want to go back to struggle with its' drivers, miserable attempts at plug'n'play, and frequent BSODs
For example, '98 seemed to have terrible memory management. When I was using 98 at work, I would frequently have Excel, Wordperfect, e-mail, and AutoCAD open at the same time. One particular job I was working on, a zoo, had particularly large and complicated CAD drawings, including several external references to other trades' drawings, and the exhibit designer's naturalistic fake trees drawn with the detail of every branch and twig. This slowed down my computer considerably, but the real problem was that after I closed the AutoCAD drawing and went back to Excel, I would soon get an error about illegal memory access that would crash the program. It only occasionally caused a BSOD, but it would require me to close all open programs and windows, and restart them. I figure that 98 somehow allocated the same memory to more than one program, and freed it from all of them when AutoCAD closed. More physical memory may have helped, but I never had that problem with XP. In fact, I almost never have had significant problems with XP.
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Name one thing XP pro can do that XP home cannot that home users would be interested in.
remote desktop (Score:2)
perhaps not a majority, or even 10% but significant numbers of people would like the ability to rdc into their home machine from work or on the road.
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It's neither an option that home users are going to be interested in, nor is it an option that they are particularly excluded from. The "remote assistance" feature has nearly the same functionality, though it's a little harder to initiate. Furthermore, if you've ever run remote desktop sessions (like, say, remote X) you'd know that "on the road" really isn't
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Oops, you only asked for one. Anyway,
Some more here: http://www.winsupersite.com/showcase/windowsxp_home_pro.asp/ [winsupersite.com]
and here: http://www.microsoft.com/windowsxp/home/howtobuy/choosing2.mspx/ [microsoft.com]
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See my other reply. It's useful, but not a home user feature. And it doesn't even accomplish what the people using it really want, anyway.
2. Multi-processor (2) support
At the time XP came out, and for about half of its life cycle, multi-core processors weren't even available to home users, and multiple processor mainboards were squarely in the realm of professionals and en
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Group policy to help lockdown accounts on a shared PC.
Automated System Recovery (but does that really work?
Some home users might be interested in encryption but I don't have much confidence in EFS being suitable.
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Ugh... (Score:3, Insightful)
Re:Ugh... (Score:5, Insightful)
Re:Ugh... (Score:5, Insightful)
Agreed. It's about the only way to punish big greedy companies enough to make them think twice the next time. I wish we could find an alternative, but so far none exists. If somebody can come up with a better way, please state it. What we have in CA's is better than fly-spec individual suits. Basically this is the current options:
A. Move a very little bit of perpetrator's money to consumer (individual suits)
B. Move a lot of perpetrator's money to lawyers and a little bit to consumers. (class-action)
C. Don't do anything.
D. Make Gates and Balmer do the Chicken Dance on American Idol.
Until E is invented, B is the best choice. (Okay, D is not viable, I admit. Besides, Balmer seems to like dancing funny.)
Re:Ugh... (Score:5, Interesting)
E. Revoke their charter of incorporation.
I bet they would start to get the point after the first few.
Re:Ugh... (Score:5, Insightful)
Also, punitive awards should go to the government - either regulatory agencies or law enforcement, not the victims. The victims already get compensatory damages to compensate them for their suffering. The punitive damages are designed to punish the guilty, and should go to society as recompense for violating the public trust. The U.S. court system is currently biased against punitive damages because often even when the defendant deserves to have to pay, the victim doesn't deserve the money so the court system errs on the side of the defendant. This change would help fix that.
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I've had the same thoughts before, that the defendant deserves to get punished, but that the victim doesn't deserve to be rewarded to that degree. My solution would be that the victim gets to nominate a charity and the money gets directed to them.
I wonder how that would change our court-happy society - if the victim knew that even if they won, they'd only more or less get compensated for their
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I said fractional. So if you were awarded $200 million, the lawyer would get:
And this was an example so the numbers could be sliced any other way. I'm a big fan of continuous functions but it seems the law
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What about lots of small claims? The plaintiffs can file these in person, but the corporation must pay a lawyer to deal with them.
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The winners don't matter. The losers do. (Score:2)
The only winners of a class action lawsuit are the lawyers.
This is very true. But class actions lawsuits - when successful - also create deterrent effects by making some companies into very big losers. The potential threat of class actions lawsuits, and the fiscal liability they represent, must thus be accounted for in a corporation's cost-benefit evaluations when they decide whether or not to shaft the consumers in some way. There should be more of them, frankly, and I say that as someone who once qualified for a trivial class-action award and never bothered to c
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1. If there are a ton of class-action suits as there are today, companies may be deterred from pulling a few fast ones. However, there is a CERTAINTY that the customer will be shafted because the increased cost of the much larger legal team needed to deal with class-action suits isn't free and is passed on in the form of higher prices.
2. If there are no class-action suits, companies may feel less of a deterrent
Re:Ugh... (Score:5, Interesting)
No reasonable person is going to file an individual lawsuit against Microsoft because of this because the amount of money they could recover (if they win) is less than the value of the time it would take to file in small claims court, prepare the evidence, take a day off work...heck, it's not even worth the effort of typing it all out. But does that mean Microsoft should be off the hook? No. That's where the class action comes in.
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A class action would be perfect for things like drug companies failing to test a drug and killing people. Or insurance companies dropping coverage after a disease is discovered.
However, in 99% of class-actions, the *best* situation would be to have a Federal prosecutor charge the CEO and Board Members with committing a crime. Throw their asses in jail and you'd see a lot of co
Re:Ugh... (Score:5, Funny)
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Re:Ugh... (Score:5, Insightful)
It's not compensation, it's punishment. Punishment for bad behavior is good. It makes companies think twice about conducting bad behavior in the future. It's essentially a civil fine. Lawyers making money? Well look, for members of the class, it is essentially free money. You fill out online form, and then you wait for a check. That's it.
"B-b-b-but it's a lawsuit! and Lawyers are Evil(tm)!!!11!eleventy-one!11!" you say. If you don't bring civil suits, how do you expect private citizens assert their rights and correct the behavior of those who have wronged them? Unless of course, you think that people shouldn't be able to defend themselves. Do you believe that?
Re:Ugh... (Score:5, Insightful)
It is well known that M$ puts a huge margin of the price of windows, which is why it so agressively and currptly purseus a monopoly to protect the absurd profit margins. So the more 'profit' eating, capital reserve draining class action law suits the better, who cares if it only enricghes a bunch of lawyers, as long as it bleeds M$ dry, and maybe, just maybe, finally forces some respect out of M$ for the customer.
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You may be right in cases like MS Windows, where Microsoft has the market wrapped pretty nicely for Windows, and charge
In other news (Score:4, Funny)
Re:In other news (Score:5, Informative)
It would be a more apt analagy if said TVs were could only average 10 frames per second, american idol was too taxing on the set for it even to start. This line of TVs was also heavily advertised as having 5.1 surround sound playback, a remote and very shiny sexy digital knobs going to 300 channels but when you got it hom and set it up there was no remote, and you had to change channels by turning a 13 channel knob. Oh, and there was no sound either. none. not 5.1, not even mono.
Such a unit may meet the barest qualifications of being a TV, but any reasonable consumer who got such a thing home would feel justifiably ripped off and return it immediately.
But the insidious part of Vista capable, was that they bought it on the promise that it would run vista when it came out, and when Vista came out, they found out that their reasonable expection of 'run vista' was not met, but they were now entirely unable to return the computer, and even downgrading is a 'reformat from scratch' procedure.
They feel ripped off, justifiably, in my opinon, and they want their money back.
If bought a computer that "ran Vista", and ended up with a computer that could only run Vista Home Basic... and did even that poorly, then I'd take it back. These people can't. And hence there is a lawsuit.
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Just so I've got this right.. (Score:5, Funny)
2. No, Vista is about to come out, we should wait.
3. But this computer over here says "Vista Capable" on it.. we can upgrade when Vista comes out.
4. Ok, let's trust the advertising and buy now.
5. [time passes]
6. [more time passes]
7. [yet, MORE time passes]
8. Honey, Vista has finally come out.
9. You're fucking with me.
10. No really! Let's upgrade.
11. Ok, which of the 400 versions of Vista should we upgrade to?
12. Oh, seems that our machine can only run Vista Basic.
13. Those bastards!! Call the lawyers.
14. Meanwhile, the rest of the world makes it blatantly obvious that *all* version of Vista blow, not just Basic.
15. ???
16. Profit.
This did not really happen.
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Bet it did. Thousands of times.
Well, apart from step 16 (unless you meant the profit that MS made).
oh yeah... (Score:4, Insightful)
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PC World Tests Final Version of Vista SP1 (Score:2)
"PC World ran the final version of Windows Vista SP1 through a first set of tests last night. Here's the bottom line: 'File copying, one of the main performance-related complaints from Vista users, was significantly faster. But other tests showed little improvement and, in two tests, our experience was actually a little better without the service pack installed than with it.'"
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I don't get the file copying bit at all. The problem was it didn't work, not that it was slow - copying multiple files would abort halfway with no warning, and trying to copy would invoke about 6 UAC warnings. Copy speed was *not* the issue.
Have you actual
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Heh, if a friend/relative asks me for help on Vista, I'll only help if their hardware supports Windows XP. Go figure
In theory I could install a Linux distro for them, but so far I don't think Linux is suitable for them yet.
But setting up Windows XP properly on a _personal_ computer does take quite a lot of time - the amount of updates you have to download, configuring it decently, installing drivers, codecs
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Look at the "Windows Experience Index", and am getting about 60 percent of what I could be.
Ummm, 60% of what?
There is no maximum value. To quote Raymond Chen: "Imagine what the world would be like if there were a max value. What happens if the max is 10 and you buy a 10 computer, and then an even faster computer comes out next year - what rating does that computer yet?" (source [msdn.com]).
The max you can get on today's absolute best hardware may be around 5.9, but that's not the top end of a scale -- it will certainly increase with time as better hardware comes out and WEI is updated with newer benc
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Class Action Blows (Score:2, Interesting)
This is shite (Score:2)
So directly comparable to Windows XP Home. It's for people that don't have 3d acceleration, but want the rest.
Therefore it's still Vista, and Vista 'capable' seems like a reasonable tag for me.
And apparently 512 MB RAM is "Vista Capable" (Score:5, Funny)
I bought a computer with a "Vista Capable" sticker, which had only 512 MB of RAM. Now, according to Dell [dell.com], such a configuration is "Great for... Booting the Operating System, without running applications or games".
Which, incidentally, was pretty much all I could do.
Turing Machine (Score:2)
A 400mhz P3 should be "Vista Capable" (Score:2, Insightful)
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10.5 can't be used on such a machine. I have 10.5 it on my 1.2 GHz G4 with 1280 Megabytes-- and the extra memory is very useful here. At the same time, however, it's not 100% up to speed. Most of the "eye candy", is turned off. I don't really miss it. Every so often though, it slows down to a crawl-- it's probably the fault of t
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Not too long ago, I decided to install MacOS 10.4 on a crappy little test machine at work, an old 400mhz G4. ... and all the smooth eye-candy was intact. Windows slide and fade in and out of view, transparency works like a charm.
Your point? Alpha transparency has been supported in Windows since Windows 2000 and certainly doesn't require hardware acceleration. Ditto sliding and fading -- both things that Windows XP menus did by default way before hardware accelerated window management. But any effects that require hardware acceleration -- e.g. pixel shader 2.0 blurring, as used in Aero Glass's title bars or OS X 10.5's top menu bar -- won't work: if you installed Leopard on that PC, the menubar won't be blurry-translucent, and i
The penalty I would like to see is ... (Score:3, Interesting)
... that the judge orders Microsoft to do all testing for all versions of Vista and all versions of the next OS they market on these computers they identify as "Vista Capable".
It would never happen. Microsoft will test the next OS home version on dual-socket octal-core 4-GHz 64-bit processesors with 16-GB RAM and 4-way RAID-0 SATA-6 drive arrays.
It's a sham. (Score:2)
A word of consumer advice (Score:2)
Microsoft has lost several court cases on multiple continents over it's unfair business practices and various consumer frauds. to put it into terms of a natural person, it's out on probation. Would you buy a car from someone who's currently on probation for crimes in connection with selling cars?
MS has piles of money and STILL hasn't been able to buy it's way entirely out of trouble even though the prosecution has mysteriously torpedoed itself more than once. They're like the richest man in town that ever
Note to consumers (Score:2)
If the computer you bought doesn't work to your satisfaction, return it to where you bought it, and raise hell until you get a refund!
Remember, you're not Microsoft's customer, You're Dell's, Walmart's, Target's, Best Buy's, whoever you bought the computer from's customer.
THEY are Microsoft's customers. If THEY have to keep refunding THEIR sales, THEY will raise hell with Microsoft, and then Microsoft will either listen, or THEY will switch vendors.
(Notice how many compu
Depends (Score:2, Offtopic)
Now, seriously... (Score:3, Insightful)
How many did not feel frustrated remembering an old computer could do things a Windows one could not? How many didn't feel restrained by having a tumor-growth-like GUI posing as OS? In which you have to use an entire application to change OS settings? In which capabilities are not available on a system-wide
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How many did not feel frustrated remembering an old computer could do things a Windows one could not? How many didn't feel restrained by having a tumor-growth-like GUI posing as OS?
Me. Still today. I still have an OS/2 network in our office - but administer Windows 2003 Servers for clients. With OS/2 Warp Server for e-Business (and earlier versions), network management is simple drag-n-drop. Create a share, drag it on a user or group. Drag a user onto a group. Drag a directory onto a user. Drag an application onto a group. Drag a resource onto a different server. Drag a server into a domain.
WinServer2003, it's dialog box after dialog box after tab after tab - and numerous "Apply" o
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If Vista is unusable... (Score:2)
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Link is MyMiniCity, please treat post with utter disregard and contempt.
Re:Ridiculous. (Score:4, Insightful)
So people shouldn't be able to make manufacturers and vendors live up to their promises? Of ot saus "Vista Capable", with no limitations, no "fine print", no disclaimers, then it should be capable of running Vista - not some crippled version.
Re:Ridiculous. (Score:4, Insightful)
As much as I dislike Microsoft products, I can't see how they have a basis for this law suit.
Is the machine incapable of running Vista? No, just the flashy bits that aren't a requirement of the OS. Did Microsoft have a separate designation for machines that could run Vista better? Yes, it was "Premium Ready [microsoft.com]". Is Vista completely unusable because of their system specs? No (or not any more than normal).
It isn't as if they've been sold a "High Def capable TV" that only has 640x480 res, they've been sold the equivalent of a 720i/p TV - it is capable of what is classed as "High Def", just not the really high HD because it is only "capable" of some minimum requirement to be called what it is called.
As a similar situation: Am I capable of running a marathon? Probably. Would I do very good at it? No, because I'm not ready, not trained and not fit enough.
People need to get a dictionary and learn the definition of the word "capable".
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For people with little knowledge about computers and hardware specs it was a very misleading label
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Instead they're selling half a dozen or more version of Vista where eye candy is an option - more so in some than others.
And that doesn't hint at anything? TBH I wouldn't expect my new £50,000 sports car to run well at all on the £60 each cheap tyres I bought for my Fiat Punto.
Onl
Re:Ridiculous. (Score:4, Interesting)
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I have one of these " Vista Capable [slashdot.org]" computers. To be honest, I bought it because I knew what the sticker meant. Of course my intention was to run Linux (which it does, thank you very much). I mean, it was extremely cheap and that was the sole reason to buy it.
That's not why I posted this. The box did came with fine print (added later as a sticker), and I am still pissed that I didn't copy the whole text because it really basically said: "Don't run Vista on me".
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Like most people are even going to notice.
Gotta love the blame shifting (Score:3, Insightful)
Sure, the stickers only mentioned Vista. Nothing about Basic. Never mind that the FTC had ordered msft in 2001 not to engage in such deceptive practices.
Honesty is too much to expect from msft. Any msft shill will tell you that. Msft advocates seem to believe that msft should be allowed to lie. According the msft advocates, that is just good 'ol American capitalis
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No, but they do expect to be able to use all features. My laptop is Vista Capable (bought it because of the sticker, but not for the reasons you might think), but it cannot run Aero. Hence, it cannot run Vista Ultimate with all features on, hence you can't really call it "Vista Capable".
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Why not? Taking the definition of capable [reference.com] ("Permitting an action to be performed" or "Having capacity or ability") then can your machine run Vista? No, not "can it run Vista with all the flashy bits", but can it run Vista without falling in a heap? (Excluding any normal Windows crashes but instead aiming at "will it install and run and be functional to some degree")
Okay, so it is slightly under-handed to make people expect Aero when they're going to get core
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Well, that's just shows that the problem is their version policy, isn't it? The fact that "Vista" is an encompassing brandname for a whole bunch of different OSes with different capabilities makes it extremely hard to say what "Vista" is. As anyone, I'd expect it to meet the requirements to run "Vista Ultimate" with everything on, because it's "Vista".
It's not "just marketing",
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Vista Ultimate isn't Vista. The lowest common denominator of a
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I don't know much about cars, but if I saw "150mph capa
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Okay, so it was the other way around. To be a bit more accurate it is like buying a PC labelled "Crysis capable" and then trying to sue when you find "capable" means "it can run it, but without full detail, without maximum resolution, without bloom lighting effects etc". You're still capable of running it, just not with all of the f
Yes you are missing the fine print (Score:3, Insightful)
I don't actually have the Crysis box but every game I seen with a minimum set of requirements on it ALSO listed a recommended spec.
MS with this Vista advertising campaign made a simple mistake, they designed a sticker that was not clear enough about what was promised.
With PC games, a reasonable person would assume that if you see who different specs then it is obvious that this means that the game will look perform less well on this lower hardware. You would only expect it to run well on the recommended
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Give it time, Google is already paying for work on getting Photoshop to run better in it [slashdot.org]. You might also check out Xen [wikipedia.org] or VMware [wikipedia.org]. Having helped a number of friends and customers migrate to SuSE [wikipedia.org] (now pre-installed by Lenovo) and Ubuntu [wikipedia.org] (now pre-installed by Dell), I'm impressed at the advances being made in desktop GNU/Linux.
Back to the main topic, though, at least for a moment: Personally, I'm glad to hear that the class action status was approved; Microsoft needs to be smacked into not deliberately mi
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What is hard to understand? It's like advertising that a car will 40mpg, and "forgetting" to mention that only applies if the car is going down a steep hill.