Well, it seems the judge in the Vista-capable lawsuit feels that the lawsuit does not, after all, warrant class-action status. Judge Marsha Pechman ruled that the ‘plaintiffs cannot demonstrate that common questions predominate over individual considerations.’ That means that each PC buyer must initiate their own legal actions if they want damages from Microsoft.
While the good judge fell short of dismissing the suit entirely, it is, nonetheless, a big victory for Microsoft, which could have faced a significant verdict.
The financial hit to Microsoft, from this case, is much less than it could have been should the case go against Microsoft. The release of more potentially embarrassing emails from the company is also significantly reduced.
The whole case seems ludicrous to me. The PC’s that got the ‘Vista-capable’ stickers were, in fact, capable of running the operating system. They may not have been able to take full advantage of the operating system, but they could run Vista. The few that I remember looking at all had the disclaimer that some features of Vista were unavailable. The bigger problem, though, is that Microsoft failed to make it more clear what the differences were. They also should never had bowed to Intel.
I suspect Microsoft will not repeat this mistake with Windows 7.