In February 2009, LA resident Emma Alvarado filed a lawsuit against Microsoft accusing the software giant of profiting from consumers downgrading from Windows Vista back to XP.
Alvarado’s complaint says Microsoft forced customers to first purchase the new operating system, before they could downgrade to the operating system they really wanted, XP.
The case was tossed out this week.
Writes U.S. District Court Judge Marsha Pechman: “Nowhere does she allege that she paid to downgrade or that she did not receive a copy of Vista when she freely chose to purchase her new computer with that software. That she chose to downgrade to XP without extra cost does not demonstrate that Microsoft retained a benefit without giving value. Nor does the fact that she chooses to use only one version nullify the fact that Microsoft gave her value for the bargain.” If anything, “it appears that Plaintiff obtained two versions of Microsoft’s operating software for the price of one,” Pechman continued.
“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 responded.
Alvarado claimed she had to pay a $59.25 fee to downgrade from Vista to XP, although Microsoft does not charge such fees. Those fees are imposed by computer makers, such as Lenovo, which charged Alvarado for the downgrade. Lenovo was not named in the suit.
Result for: Computer
A Judge has dismissed a case brought against Sony by a disabled gamer who claimed that people with disabilities were being denied access to Sony services. The gamer, Alexander Stern, had sued Sony Corporation of America, Sony Computer Entertainment America and Sony Online Entertainment because his visual processing impairments made it impossible to use video games created by Sony.
According to the complaint, “his visual processing impairments prevent him from fully enjoying the video games manufactured by Sony, some of which are played on gaming systems with internet connections through which players in different locations can communicate and play with or against one another.”
The reference to “gaming systems with internet connections through which players in different locations can communicate” is essentially an argument that it qualifies as “public accommodation”, which would be necessary for a discrimination claim under the Americans with Disabilities Act (ADA), Title III.
The court ruling denied that Sony services are a “place of public accommodation” and thus, cannot be held liable then for violating ADA Title III.
Result for: Computer
Sony Computer Entertainment America CEO Jack Tretton has made it abundantly clear this weekend that the PlayStation 4 is not coming any time soon.
Tretton says the PS3 is only “in the first 25% to 30% of this generation,” meaning there is at least 6 more years before a PS4 is sitting on retail shelves.
“I would say we’re sitting in the catbird seat,” Tretton added, via CVG. “We’ve just passed the third year of the PlayStation 3 and we’re just hitting our stride. And I don’t think anyone is saying, ‘This is a five-year cycle; what’s new on the horizon?’ I can’t even imagine what can be done technically beyond the PlayStation 3 in the near future. A question I often get is when we are going to see PlayStation 4. When somebody can craft the technology that exceeds what we’re able to do on the PS3, but we are still just starting to harness it.”
Although not related, Tretton also said he expected God of War III sales to “blot out the sun.”
