Things have heated up in the "Vista Capable" Class Action suit. The Plaintiffs lawyers have estimated the revenue of sales for PC labeled Vista Capable but unable to run the higher level versions at 1.5 Billion USD.
The suit claims that Microsoft mislead consumers into thinking the low end PCs could run any version of Vista with the Vista Capable Label. They also claim that MS "Unjustly Enriched" itself with these sales.
Wow, does this mean I can sue Pirelli for rating my tires at 150MHP? I mean my truck will only do about 130MHP...Where is my Lawyer's number.
Read more here.
Expert witness Keith Leffler stated, "I have been asked by Plaintiffs' counsel to estimate the amount of revenue earned by Microsoft from the licensing of Windows XP on Vista Capable but not Vista Premium Ready PCs sold to Plaintiffs."
After reviewing the Vole's [redacted] sales figures on Windows XP licences for PCs labeled as 'Vista Capable' during the period from April 2006 through January 2007, when Windows Vista became generally available, Leffler concluded: "From these figures, I have reached the opinion that Microsoft revenue from the Windows XP licensing on Vista Capable but not Vista Premium Ready PCs sold to Plaintiffs was $1.505 billion."
So that is the base amount at stake in this lawsuit, $1.5 billion. Should the trial jury be persuaded that Microsoft harmed the plaintiffs by its action, it might decide to assess actual damages commensurate to this amount.