On Wednesday, it was reported that a Microsoft marketing executive seemed to be as confused about the meaning of "Vista Capable" stickers on PCs as some customers. Afterwards, Microsoft contacted TMO with their side of the case in general.
Microsoft Senior Public Relations Manager, David Bowermaster, pointed to some elements that Microsoft believes significantly undermine the plaintiffis case and eligibility for class certification. (Meaning that the case would be elevated by the judge to a class-action lawsuit.)Mr. Bowermaster wrote:
? Rather than conducting "deceptive and unfair marketing," Microsoft provided a large amount of information to consumers through a variety of channels ? PC manufacturers, retailers, the media and from Microsoft itself ? about "Windows Vista Capable," the differing versions of Vista, and their varying hardware requirements.
? Diane Kelley testified in her deposition that she did not see the "Windows Vista Capable" sticker on her daughter?s laptop until several months after she bought it, and neither the sticker nor Vista (which she had never heard of) influenced her buying decision.
? Kelley and Kenneth Hansen, the other named plaintiff, had widely different knowledge about computers and operating systems when they made their purchases, and each were influenced by different factors to buy the machines and operating systems they did. Such disparities would be widespread among buyers of Windows Vista Capable PCs and would thus negate the uniformity of alleged injury required for class certification.
? Neither Kelley nor Hansen used the "Express Upgrade" to Windows Vista, so they have no basis to make class certification claims about customers who did.
Those who may want more information on the Microsoftis side of the case can contact David Bowermaster at Microsoft, firstname.lastname@example.org.