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A federal class action lawsuit claims Microsoft illegally requires consumers to buy a more expensive Windows Vista or Windows 7 program before they get “downgrade rights” to buy the Windows XP Professional operating system. It is seeking damages and restitution for anyone who was forced to purchase a more expensive, newer operating system in order to downgrade to Windows XP.
The Microsoft class action lawsuit, entitled Alvarado v. Microsoft Corporation, alleges this wrongful business practice has forced Microsoft consumers to pay more for personal computers than they otherwise would have. It estimates that nearly 35% of the consumers that purchased a new PC paid to downgrade the operating system from Vista to Windows XP.
According to the lawsuit, sales of Windows XP ceased on June 30, 2008, despite many customers who were still looking to obtain the operating system. “However, Microsoft mandated that consumers who still desired the Windows XP operating system on new PCs must first purchase either Windows Vista Business or Window Vista Ultimate. Microsoft referred to this mandate as ‘Windows Vista Downgrade Rights.’”
By doing this, the class action says, “consumers have been forced by Microsoft to purchase two operating systems — one for which they have no use and will never use (Vista) and one which they desire to use (Windows XP) but are forced to pay a supra-competitive price to obtain via a ‘downgrade.’”
These downgrade rights have also been extended to Microsoft’s newest operating system, Windows 7.
The Microsoft Windows XP class action lawsuit is brought on behalf of all California residents who at any time in the past four years purchased a PC that included a license for the use of the Windows Vista Business, Windows Vista Ultimate, Window 7 Professional or Windows 7 Ultimate operating system, and who “downgraded” their operating system to the Windows XP Professional OS.
A copy of the Microsoft Windows XP Downgrade Rights Class Action Lawsuit can be read here.
Updated December 29th, 2010
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A few years back I had to buy Microsoft Windows products.
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