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Judge tosses out Windows XP downgrading suit

Written by Andre Yoskowitz (Google+) @ 02 Mar 2010 19:54 User comments (7)

Judge tosses out Windows XP downgrading suit 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.

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7 user comments

12.3.2010 20:28

Well actually going from Vista to XP is considered an upgrade, not a downgrade. It should have been throwned out on that technically.

22.3.2010 20:48

Good. It was this person's choice to downgrade to Vista and she could have chose an OEM that didn't charge. My organization have purchased over a 1000 new systems since Vista's release and all of them have had Vista to XP Downgrade free of Charge. In fact we have purchased a few systems this year that we downgraded from Win7 to XP for free. Not because Vista or Win7 are bad OSes, we just have not completed all the background preparation and implemented any training for the new OSes yet. Unless my boss finds some BS way to stop it we will be moving to Win7 next school year when it starts in August.

32.3.2010 21:18
42.3.2010 22:03

Originally posted by scum101:
who needs excuses to reject this lock in garbage?

What Crap

"Have you tried turning it off and on again?" ~ Roy Trenneman

53.3.2010 1:27

Originally posted by scum101:
who needs excuses to reject this lock in garbage?

Too much reading just needed to say they don't support microsoft.

63.3.2010 8:06

Originally posted by scum101:
who needs excuses to reject this lock in garbage?

againts propietary software?? So they are just a bunch of comunist. Why the hell do programmers have to work for free? And those loosers ask money to send letters?

Back on topic, Alvarado and her lawyer should go back to school. To sue the wrong company is really stupid.

74.3.2010 12:44

I see nothing against free or paid for software. What I would love is a clean not bloated OS. Even with XP it is a not easy to see what gets loaded when in the start up procedure.

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