Woman Sues Microsoft Over Downgrade Policy

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periodhyphenund...

Why pay for it?

XP became freeware when Microsoft falsly advertised it as secure then violated our National security with it and used it against us!

We demanded an open source X86 compatible OS that can be used with ALL existing  Windows applications

Microsoft rejected our needs

We demanded an X86 compatible OS that could boot from a Read only device

Microsoft rejected our needs

We demanded to see the souce code to prevent being spied upon

Microsoft rejected our needs

Microsoft is in direct violation of National security and prevents us from securing our own hardware!

Microsoft has falsly advertised its software as secure yet will not provide proof that it is secure

Microsoft products can therefore be viewed as spyware, adware, bloatware and FREEWARE!

Just go download a copy of Michael AuYeungs 8in1 XP CD if you want XP for FREE 

AuYeung's XP version does not require activation through Microsoft and is therefore much more secure than any copy you purchase from Microsoft

 Did I mention that XP is now FREEWARE (Regardless of what the Corrupt Courts Say)

MICROSOFT XP IS NOW FREEWARE!

Only your SlaveMasters will tell you that its not FreeWare as they have a vested interest in violating your security for profit 

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knexkid

How does this makes sense!!!  It is microsoft's software!  They have every right to sell it!  They can't give it away for free!  If a game developer comes out with a sequal to a game, and bundles it with new PCs, does that mean you should also get the original game for free? No of course not!  I think you are crazy.

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jvc08

microsoft has money and microsoft wants more money... this is all about money, they want to be able to buy the world 5-10 over. oh i forgot to mention, microsoft wants more, money!

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CarmonaEnterprises

A $60 dollar lawsuit wont go too far in the court system, especially when there are more important cases for the court to address. Filing the papers would cost more like $100 - 300 approx.

That money could have been put into better use like buying a new copy of XP for $99 and install it herself.

The price of a downgrade is comparable to other stores and independent PC techs would charge the same if not more money for the same service. 

As consumers, we have many choices to buy many different types of PCs that are on the market even build your own. 

Perhaps more time would be used to reviewing the prices and policies from retailers before purchasing a suitable XP system and instead of wasting time filing frivolous lawsuits.

JeffC

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borisdblade

I've been on the lady's end of the spectrum. You are already paying for the computer, they offer a downgrade. But I can't see $50 for a downgrade. That's half of what an OEM XP SP3 costs. Sure you could make the point, "yes, exactly, it's half of what it would cost for her to do it herself." But instead of being a company "yea man", be a consumer.

Microsoft has already made the money from the Vista sale on the computer, now they want an extra slice for something that should already be proffered to a customer, choice.

And $50 for a downgrade seems too much in the sense of today's dollar. And what peanut-munching cost-analyst thought it was a good idea to put that price into effect? Does it really cost $50 for xp downgrades? Hmm... 

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nekollx

Does it really cost $50 for xp downgrades? Hmm... 

 

someone has to pay for the new liscence key...

 

think about it this way they bought a Vista PC, they don't want Vista. It's like how you have to pay extra for it to come preinstalled with MS Works over no productivity suite.

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knexkid

It's Microsoft's OS, and THEY AREN'T GOING TO GIVE IT OUT FOR FREE!! The cost of the new PC includes the OS (Vista).  If you want XP, you are going to have to pay for it!!!  She can't expect to get an OS for free! 

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NUCLEARWARFAIRY

I see her point. As consumers, we should have the right to choose between whatever version of Windows, Linux or MAC OS we please. Speaking of MAC OS's, why doesn't someone sue Apple over their "Trusted Hardware" coding? Seriously... binding an OS with a line of code that is nothing but rows of sixes to specific chipsets is far more evil than anything short of a Seventh Heaven reunion show or bragging about having had sex with the Olsen twins before they became famous. 

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skywyze

You can charge whatever you want for any service or product, so long as there is market competition.  I don't see a monopoly when it comes to MS.  There is competition from Apple, Linux and a few dozen other Unix-like OSes.  So, the comsumer "votes with their wallet", if something is too expensive, they are free to go buy something else to get the job done, and if you can't, you pay the asking cost.  People pay for "downgrades" all the time because it disrupts build flow for a "custom" job.  Try to buy a luxury car with a manual transmission and cloth seats, see if they do charge for the "downgrade".  As for your argument about IE, I don't get that either, I use Windows every day and haven't touched IE for years, again there is competition out there (totally free too).  If people don't like the way MS does business, don't do business with MS, it's that simple.  I could see your point if other OSes didn't exist and Windows was it, but that's not the case, so take your money elsewhere if you're unhappy.  If enough people do this (take action instead of just bitching and moaning) maybe MS would take notice and change, or else wither on the vine. 

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Velcrow

Agreed. If I want to sell you my pen for $10,000, you can either accept it as a price you're willing to pay or not. Like my pen, a PC is NOT essential to survival, despite what many of you may think ;). And it wasn't even the PC that was 'overpriced' in her opinion, just a piece of software that she PREFERRED. She wants a different OS, even though she has easy access to one already that will do everything people might use on a regular basis. If she has a piece of hardware with drivers too old or software that won't run on Vista, then she is paying the downgrade to fill a specific purpose. She is actually getting value for that.

Regulation is required in certain industries that have become essential to every day life, such as energy (electricity, oil, natural gas, etc.).

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Zazubovich

But it did inspire me to go down to my car dealer and order a Shelby Cobra from the 60s,  and when he says I can't have it at any price I'll sue him for not being willing to give me one, at a reduced price, based on the notion that they made it once, they could be making it now. 

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anthonyfg

Honestly the people in this country piss me off, I had a 1SG make me smoke three cigarettes at one time while doing exercises as punishment and I didn't even think of a  lawsuit.  She pisses me off, go pirate it if you really bought a computer with Vista and aren't going to use it.  If you going to sue over that crap I think your morals could take the hit.

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skywyze

Free enterprise is what makes this a great country.  Microsoft and the OEMs can charge whatever they wish for their products, that's their choice.  If this woman wants XP, the price $XXX otherwise, move on.  With this mentality, you should be able to sue Toyota/Lexus because the Lexus brand charges more for essentialy the same chassiss with differetn options or sue Neimann Marcus for pricing their merchandise higher than Walmart ofr similar products.  This is simply supply vs demand.  MS is no longer making XP, so the supply dwindles, but the demand is still there for it, so price increases, this is Jr High Econ stuff.  I am surprised an idiot of this magnitude can even operate a computer, AND that she found a lawyer to take her case against MicroSoft.  The judge should just throw it out, maybe fine her for wasting the court's time.

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ubuwalker31

@skywyze:  I beg to differ.  Our constitution is what makes this country great.  And nowhere in our constitution does it establish capitalism as the way to run our country's commerce.  That being said, I think carefully and thoughtfully regulated market capitalism is the best way to increase everyone's happiness, by rewarding entrepreneurs and increasing the general prosperity of the entire country.  Capitalism fails when our society is brought down by market excesses, when rouge traders who lose billions of dollars making fake trades and trillions when financial institutions make silly bets on the market with exotic derivitives.  And on an everyday level, capitialism fails when false advertising, fraudulent huxters, price fixing, and monopolies control the market. 

Your Jr. HS economics analysis is deeply flawed.  The supply/demand
curve for windows XP is difficult to identify and who knows what the
exact slope is...but regardless, you forget to factor in monopoly
power and unfair trade practices.

Free markets are based upon competition.  Microsoft has time and again relied on anti-competitive tactics to fix prices and establish a monopoly, such as forcing OEMs to agree to restrictive and anti-competitive licensing terms, installing Internet Explorer on all Vista and XP systems, and forcing OEMs not to sell PCs with XP installed.  Not to mention, if you advertise a downgrade from Vista to XP, and then pull a switchero and say "well, you know, that costs an extra $50", that's arguably a classic illegal bait and switch, not to mention deceptive advertising.

If you are curious, a copy of the complaint is here:  http://blog.seattletimes.nwsource.com/techtracks/090211%20Doc%201,%20Complaint.pdf - the plaintiff and her attorneys are much more intelligent than you are giving them credit for.

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compro01

You act like windows XP is an incredibly rare resource.  The software has been made, and all they need to do is put it on discs, approximate cost $0.10 per copy.

IMO, if microsoft wishes to abandon their software product and lock it in a vault, they ought to also abandon their copyright on it.

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Velcrow

@compro: You're suggesting that they make XP into open-source? I don't agree with that, and I'm even a fan of open-source technologies. But in this case I believe it would actually stifle the advancement of operating systems. XP is old tech. Microsoft has pushed way beyond it with Win7. If they release XP into the open-source market, people will stick with what they know (XP), upgrading to newer and better OS's will slow, the market declines, there's less money for research and development, and the avancement of Windows is ultimately effected. IF they want to release XP to open-source, it should be AFTER Win7 has established itself widely throughout the market. It can still be used for educational purposes, and is accessible to those people that can not afford the new OS's.

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nekollx

It's only ten cents if you print a few thousand of them. Basicly you want them to go back into Production of a six year old Operating System?

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Kaasiim

Do I think she has a case?
Yes.
Does it stand a chance of holding up in court?
Most likely not.

I agree wholeheartedly that xp needs to go the way of the dodo.
We have far better technology available en masse to waste its potential on such a primative operating system.
However, there is no decent replacement in place for it right now.
Therefore the "majority" of pc users need it to stay.
Now i'm not implying that XP is garbage.  I'm just saying that We really should have something better out by now, and no, Vista is not it.

I got vista 64 bit, and i've been terribly upset with it ever since.
it has a few georgous features, the aero interface being the prettiest of them all.
however, it also fumbles quite a few things, and no, i'm not beating the security horse, theres other things wrong with vista than just that.  Security was just one of the biggest things that was messed up.

Windows 7 seems promising, darn shame that its still a beta.
since Seven is not officially finished, and the masses thinks that vista is crap, then its a terrible time to retire xp.  If they're really that determined to retire XP, then fine, more power to microsoft...  just wait until you have something worth having to replace it on the market.

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Queenof1

well said.

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nekollx

Bwhahahahahahahahahahahaha

 

oh god, to funny, what is this woman a retard?

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