Microsoft wins Windows XP downgrade lawsuit

After a year long court battle against Microsoft's "downgrade pathways" from Windows Vista to Windows XP, the antitrust lawsuit has been dismissed by a federal judge.

According to ComputerWorld, the order was issed on Monday to put an end to the lawsuit which had been filed last February. The complaint, lodged by Emma Alvarado accused Microsoft of pushing OEM's to force consumers who wanted to run Windows XP to buy Windows Vista/Windows 7 first, before they were allowed to downgrade back to Windows XP.

The judge rejected the accusations, because Emma had not proved that Microsoft was benefiting from the downgrade practices which were implemented by Microsoft and it's OEMs. The judge believed that; "If anything, it appears that Plaintiff [Emma Alvarado] obtained two versions of Microsoft's operating software for the price of one."

Emma claimed that she paid $59.25 to Lenovo to downgrade her laptop from Vista to XP, Microsoft denied it had profited.  "Microsoft does not charge or receive any additional royalty if a customer exercises those [downgrade] rights," a Microsoft spokesman said last year. Instead, the OEMs are actually charging for the labour and additional media.

The Computerworld report points out that "Computer makers, not Microsoft, charged users the additional fees for downgrading a new PC from Vista to XP at the factory. However, Alvarado did not name Lenovo Group Ltd. in her lawsuit."

"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 said in an email to Computerworld.

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33 Comments

Commenting is disabled on this article.

Y'ought to be able to at least choose the OS you want your computer to come with, without having to pay for a different one you don't want, it shouldn't have to be a downgrade/upgrade option.

People do realize that the price of Windows is just dumped in the corporation's list of expenses; it's not a flat rate added to the cost of your PC. Where did she get the double charge bit from? She bought an XP license and that's all you get.

Of course they sold Vista cheaper than XP, it's garbage anyway!

Yep, just another money grabber hoping for a cheap way to get rich.

If I don't badly remember, XP is not selling anymore.

And not long time ago, Microsoft sold Vista cheaper than Windows XP.

war said,
Perhaps she will sue the correct company now? haha

LOL

But does she have a case against Lenovo? In reality, she DID get a service for her $ 59... They installed XP, got everything working and configured... I'm not sure about the cost personally, it might be a bit high IMO, but she DID get something for that cost, and if she didn't want to pay it she could have gotten Vista... So she wasn't forced to pay it. Or she could have gotten XP on her own and installed it... I'm not sure she has a case...

M_Lyons10 said,

LOL

But does she have a case against Lenovo? In reality, she DID get a service for her $ 59... They installed XP, got everything working and configured... I'm not sure about the cost personally, it might be a bit high IMO, but she DID get something for that cost, and if she didn't want to pay it she could have gotten Vista... So she wasn't forced to pay it. Or she could have gotten XP on her own and installed it... I'm not sure she has a case...

Well, she definitely doesn't, the judge threw it out.

Dr. Albert Spamstein said,
Another idiot trying to sue to make a profit.... When will they learn?

When the courts stop rewarding some of these stupid cases... Spill coffee on yourself and get millions? Claim to have burned yourself with a pickle... Millions... It's absolutely absurd...

M_Lyons10 said,

When the courts stop rewarding some of these stupid cases... Spill coffee on yourself and get millions? Claim to have burned yourself with a pickle... Millions... It's absolutely absurd...


+1 the cases you hear about recently are just stupid.

M_Lyons10 said,

When the courts stop rewarding some of these stupid cases... Spill coffee on yourself and get millions? Claim to have burned yourself with a pickle... Millions... It's absolutely absurd...


*sigh* some of them are stupid, others are just get the info that shows they aren't left out by the media. The Women who split the coffee had 3rd degree burns. If McDonalds had just pain the medical fees it would have been fine. Once the case started was when they got screwed. Also the media never reported that in a appeal the money she won was lowered.

This case was bad from the start and unless a firm picked it up cost her far more then the $60.

S00N3R FR3AK said,
*sigh* some of them are stupid, others are just get the info that shows they aren't left out by the media. The Women who split the coffee had 3rd degree burns. If McDonalds had just paid the medical fees it would have been fine. Once the case started was when they got screwed. Also the media never reported that in a appeal the money she won was lowered.

This case was bad from the start and unless a firm picked it up cost her far more then the $60.

Third degree burns? what a load of crap - if you're getting third degree burns then either you've got some skin problem or the lawyer is pumping up a case larger than it really is. I've yet to ever find a way to get water so hot that it'll give anyone third degree burns and secondly was she drinking it naked or something? and thirdly why didn't she feel the heat when she picked up the cup? good lord, USA land of the free, home of the "I'll sue you" culture.

Good. I honestly see nothing wrong with this. If you want to downgrade your OS, it does require more labor on the part of the manufacturer. Maybe not an additional $ 59.25 in labor, but they're due something... I think it's nice of Microsoft to not charge for another license to be quite honest...

I wonder if she'll go after Lenovo now...

M_Lyons10 said,
Maybe not an additional $ 59.25 in labor, but they're due something...

Chances are, this was a financial hit for Lenovo. You can't just install the OS and the computer works. That laptop had a much newer chipset, which requires chipset drivers that are compatible with XP. Move on to the gigabit ethernet, wireless G drivers, newer sound chip, etc...somebody has to be paid to write those drivers. Somebody else has to be paid to test those drivers. Perhaps she could get some of the drivers herself, but other drivers would be impossible to find. Considering the amount of time spent looking for and installing those drivers after installing the OS, $60 is a bargain to have everything "just work". Lenovo did that legwork for her.

The same thing would have happened if she had preferred Linux instead of Vista...she'd want to pay Lenovo for a hassle-free install.

Slugbait said,

Chances are, this was a financial hit for Lenovo. You can't just install the OS and the computer works. That laptop had a much newer chipset, which requires chipset drivers that are compatible with XP. Move on to the gigabit ethernet, wireless G drivers, newer sound chip, etc...somebody has to be paid to write those drivers. Somebody else has to be paid to test those drivers. Perhaps she could get some of the drivers herself, but other drivers would be impossible to find. Considering the amount of time spent looking for and installing those drivers after installing the OS, $60 is a bargain to have everything "just work". Lenovo did that legwork for her.

The same thing would have happened if she had preferred Linux instead of Vista...she'd want to pay Lenovo for a hassle-free install.

Lenovo is a Chinese company, I think the labour to write those drivers was very cheap.

Edited by spy beef, Mar 1 2010, 5:56am :

s3n4te said,
Lenovo is a Chinese company, I think the labour to write those drivers was very cheap.

Lenovo doesn't write drivers; assuming their custom software is well written there should be no changes required thus the only 'real' work required is pressing 'create' on the automatic restoration CD maker.

rawr_boy81 said,

Lenovo doesn't write drivers; assuming their custom software is well written there should be no changes required thus the only 'real' work required is pressing 'create' on the automatic restoration CD maker.

That's what I thought too, but I might be wrong. Wouldn't they already have these drivers, since they were releasing laptops with Windows XP prior to Windows 7 coming out?

Lenovo does a lot of optimisations. Compatibility checking etc...
They may be a Chinese company, but all the design work for computers bound for western markets like the US is done in the United States and Japan by former IBM employees. These people are not cheap! Then someone has to build the image, with the correct drivers, and with a customise-to-order, this could mean having to prepare multiple images. Then of course there is on-going support.
Laptops are also notorious for only working with the vendor driver and not the generic driver for graphics chips etc...

smooths* said,
ROAR!
is this the new way of saying first post? lol Wow epic lawsuit. but really, who would still run xp? doesnt win7 have a xp mode to run xp programs streamlined? still 60 bucks aint that bad of a price to have it working from the manufacture. It cost money to get it all working

Edited by aussiefloyd_fan, Mar 1 2010, 6:57am :

aussiefloyd_fan said,
is this the new way of saying first post? lol Wow epic lawsuit. but really, who would still run xp? doesnt win7 have a xp mode to run xp programs streamlined? still 60 bucks aint that bad of a price to have it working from the manufacture. It cost money to get it all working

but the cry babies went to run xp on computer made in 2018

Ci7 said,

but the cry babies went to run xp on computer made in 2018

XP mode is slow booting up. I'm an IT manager at a car dealer group, and we use 7 32 bit at some places, but the machines coming out with 64 doesn't allow us to use the Reynolds & Reynolds DMS software, and XP mode really, really sucks since reynolds is naturally slow and throwing it into something thats slow too... people complain. Also... Windows 7 can't view 3/4 of the dealership websites out there because none of them support IE8. For example: mercedes doesn't even support 7! Their highest browser supported is 6. BMW is the same... Honda is the only one that supports 8.

giantsnyy said,
Also... Windows 7 can't view 3/4 of the dealership websites out there because none of them support IE8. For example: mercedes doesn't even support 7! Their highest browser supported is 6. BMW is the same... Honda is the only one that supports 8.

Yet another example of boneheaded IT management who should not only be fired, but brought up on criminal negligence charges.

roadwarrior said,
Yet another example of boneheaded IT management who should not only be fired, but brought up on criminal negligence charges.
Criminal negligence? That's a bit much.

roadwarrior said,

Yet another example of boneheaded IT management who should not only be fired, but brought up on criminal negligence charges.

Criminal neglect? oh please... I'd love to see you show one federal statute that would show any ciminial intent

roadwarrior said,

Yet another example of boneheaded IT management who should not only be fired, but brought up on criminal negligence charges.
You are right in the first part.

I don't see negligence coming into it. Lack of knowledge/information and little bit of ignorance is more likely.

And sadly, the people making the decisions are most the time the ones that prevent younger/proactive workers to improve their departments and company.