Andre Yoskowitz
2 Mar 2010 19:54
In February 2009, LA resident Emma Alvarado filed a lawsuit against Microsoft accusing the software giant of profiting from consumers downgrading from Windows Vista back to XP.
Alvarado's complaint says Microsoft forced customers to first purchase the new operating system, before they could downgrade to the operating system they really wanted, XP.
The case was tossed out this week.
Writes U.S. District Court Judge Marsha Pechman: "Nowhere does she allege that she paid to downgrade or that she did not receive a copy of Vista when she freely chose to purchase her new computer with that software. That she chose to downgrade to XP without extra cost does not demonstrate that Microsoft retained a benefit without giving value. Nor does the fact that she chooses to use only one version nullify the fact that Microsoft gave her value for the bargain." If anything, "it appears that Plaintiff obtained two versions of Microsoft's operating software for the price of one," Pechman continued.
"We're pleased the Court agreed that Plaintiff's complaint failed to state a viable claim and dismissed it in its entirety," Microsoft spokesman Kevin Kutz responded.
Alvarado claimed she had to pay a $59.25 fee to downgrade from Vista to XP, although Microsoft does not charge such fees. Those fees are imposed by computer makers, such as Lenovo, which charged Alvarado for the downgrade. Lenovo was not named in the suit.