Microsoft moves to end Vista Capable case

Microsoft has filed motions to dismiss the class action law suit it faces over its Vista Capable marketing campaign.

Lawyers for the company have asked U.S. District Court Judge Marsha Pechman to decertify the class action so that people would have to sue it individually and dismiss this particular case.

"The evidence refutes Plaintiffs' claims that Windows Vista Home Basic cannot 'fairly' be called Windows Vista," Microsoft said.

"Windows Vista Home Basic has nearly all of the same computer code as the rest of the Windows Vista family, and ... Microsoft never publicly defined Windows Vista in a way that would exclude Windows Vista Home Basic."

The case was bought after Microsoft delayed the launch of Vista until after the crucial Christmas sales period and so came up with a to let consumers know what PCs were Vista Capable or Vista Ready.

Some people who bought Vista Capable machines found they could only run Vista Home Basic, which the case contends offers very little difference to Windows XP, and sued.

As part of the background for the case emails have been found that show deep disquiet about the campaign, both from and with external partners.

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