Judge knocks sting out of 'Vista capable' lawsuit

Big win for Microsoft …

NEWS

In the latest twist in the long-running suit over Microsoft's "Vista capable" marketing programme, a judge on Wednesday decided the matter no longer qualified as a class action suit.

According to the ruling, a copy of which is posted on TechFlash, the judge ruled that each PC buyer has to bring their own legal action if they want to seek damages from Microsoft.

Judge Marsha Pechman wrote in the ruling: "Absent evidence of class-wide price inflation, Plaintiffs cannot demonstrate that common questions predominate over individual considerations."

Although Pechman declined to dismiss the suit entirely, the ruling is a huge win for Microsoft.

Microsoft said: "We're pleased that the court granted our motion to decertify the class, leaving only the claims of six individuals.

"We look forward to presenting our case to the jury, should the plaintiffs elect to pursue their individual claims."

In addition to limiting potential monetary damages, the move could also mean less airing of Microsoft's dirty laundry. The case has been a treasure trove of documents to date, including a number of emails.

The dispute centres on whether Microsoft was being deceptive when it labelled PCs as "Vista capable" even though it knew they would never be able to run the operating system's more advanced features, such as its Aero user interface.

The "Vista capable" stickers were used on Windows XP systems sold in the run-up to Vista, which had its mainstream launch in January 2007.

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