MS: 'Vista Capable' lawyers trying to hijack Windows Update

Lawsuit accuses Microsoft of duping buyers by letting PC makers slap a "Vista Capable" sticker on PCs that could run only Vista Home Basic.

It also argued that the notice would focus needless attention on the case and cost it money in support. "With more than 120 million PCs unrelated to this case receiving the notice, many users with no interest in the litigation inevitably will be uncertain what it means for a class action notice to appear suddenly on their PC," the company said. "Some surely will contact Microsoft technical support to deal with the unexpected use of Windows Update. Plaintiffs' obligation to deliver class notice should not be used to jeopardize Microsoft's customer relations or impose customer support costs."

Microsoft objected to the plaintiffs' call that it pay for the class member notification program, which would also involve advertisements in print and on the Web.

The Vista Capable case is perhaps best known for the hundreds of internal Microsoft e-mails Pechman made public earlier this year. The messages detailed top Microsoft executives' problems with Vista shortly after it was released.

Microsoft declined to comment further about its filing today. Its lawyers, however, have requested an oral argument before Pechman about the use of Windows Update and other proposals by the plaintiffs concerning potential member notification.

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Gregg Keizer

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