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'Vista Capable' suit loses class-action status

Ina Fried CNET News

Published: 20 Feb 2009 11:54 GMT

In the latest twist in the long-running court case over Microsoft's 'Vista Capable' marketing program, a judge has decided the matter no longer qualifies as a class-action suit.

In the ruling, a copy of which is posted on TechFlash, US District Judge Marsha Pechman said that each PC buyer has to bring his or her own legal action to seek damages from Microsoft.

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

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

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Although Pechman declined to dismiss the suit entirely, the ruling is a big win for Microsoft, which could have faced a huge damages verdict in the case.

Microsoft, in a statement, seemed satisfied. "We're pleased that the court granted our motion to decertify the class, leaving only the claims of six individuals," Microsoft said. "We look forward to presenting our case to the jury, should the plaintiffs elect to pursue their individual claims." The current case is being heard in US District Court in Seattle.

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

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.