Microsoft Hit With Nuisance Lawsuit Because People Hate Vista


It’s something of an old story by now that PC sellers have been capitalising on people’s hatred of Vista, with outfits like Dell (DELL) charging up to $150 extra for a Windows XP computer.

But at least one woman in LA, Emma Alvarado, thinks that’s the stuff of litigation. Alvarado was so incensed Lenovo charged her an extra $59.25 for XP she’s suing Microsoft (MSFT) in federal court.

We have no idea why she’s suing Microsoft and not Lenovo. But it’s no surprise what drives the crazies out of the woodworks: People really really hate Vista.

Joseph Tartakoff, Seattle P-I:

In the lawsuit, which was filed Wednesday in U.S. District Court in Seattle, Emma Alvarado states that Microsoft has abused its market position to try to cash in on the popularity of XP. She is seeking class-action status for the suit.

“Consumers have encountered numerous problems using the Vista operating system, and these problems have been widely publicized in various media outlets,” the complaint states. “As a result, many consumers would prefer to purchase a new computer pre-installed with the Windows XP operating system or at least not pre-installed with the Vista operating system.

“However, Microsoft has used its market power to take advantage of consumer demand for the Windows XP operating system by requiring consumers to purchase computers pre-installed with the Vista operating system and to pay additional sums to ‘downgrade’ to the Windows XP operating system.”

Alvarado claims that Microsoft has violated the Washington Unfair Business Practices Act, because the company operates “an unlawful trust in restraint of trade and commerce,” which has the effect of prohibiting computer makers from selling new computers with XP pre-installed.