15 Feb 2009
Major rivals Apple and Microsoft are both involved in new legal disputes, although for entirely separate reasons. Apple is being sued over its screen rendering technology used in the iPhone and iPod Touch, while Microsoft faces accusations that it is using the unpopularity of the Vista operating system to make a profit from people who want to "downgrade" to Windows XP.
The Apple lawsuit has been filed in the US District for Delaware court and is being instigated by mobile phone software provider Picsel Technologies.
The company claims that Apple has infringed its "rapid redraw" patent, which allows mobile phone users to navigate through on-screen content without experiencing prolonged screen update cycles.
Law firm Nixon Peabody LLP, which is representing Picsel in the case, said in a statement: "Without Piscel's technology, users can be subjected to prolonged delays while zooming and panning documents, web pages, and images. This core rendering feature is a key contributor to the unique visual experience delivered by Picsel."
Picsel ships its technology to some of the world's largest mobile providers, including Motorola, Nokia, Samsung and Sony Ericsson. It said its technology has been included in more than 250 million devices worldwide.
Meanwhile, a woman is filing a complaint against Microsoft for charging customers to downgrade to Windows XP when buying a computer pre-installed with Vista.
Emma Alvarado bought a computer from the Lenovo Group for personal use and had to pay $59.25 (£41) to switch operating systems. She intends to get compensation from Microsoft for herself and all those who have faced a similar situation.
According to documents filed at a Seattle court, Alvarado alleges that Microsoft has used its large market share to coerce OEMs and internet access providers into agreeing to restrictive licensing terms for its Windows XP operating system, and then profiting from consumers wanting to downgrade.
"Consumers have encountered numerous problems using the Vista operating system, and these problems have been widely publicised in various media outlets, " said the complaint (PDF), as seen by The Seattle Times.
"Microsoft has used its market power to take advantage of consumer demand for the Windows XP operating system and to pay additional sums to downgrade to the Windows XP operating system," it added.
Alvarado's lawyers allege that to date, nearly one in three consumers purchasing a new computer has paid to downgrade the operating system from Vista to Windows XP.
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Do you agree?
Sue Happy America
Don't get me wrong...I cant stand Microsoft Vista (or XP for that matter). I'm an Apple user BY CHOICE. And this woman and everyone else who purchased a machine and paid for an XP downgrade had a choice as well. Too many cry babys in America now days. I can go down to the local Microcenter and purchase a netbook for $450 with either Vista or XP. We have never been able to buy so much computing power for so little. Grow up.
Posted by: Jim 17 Feb 2009
Blame the OEM, not Microsoft
When purchasing a computer online, or wherever, you're generally given the option to select an OS. It is up to the OEM to allow you to choose the OS. If you buy something with Vista on it and don't like it, you need to pay for the OS you want to switch to (unless you choose a free alternative). Where's the gray area? Proprietary OS's aren't free -- and that includes switching from Vista to XP. If the OEM doesn't offer you the choice of selecting XP from the get go, pick a different OEM or build it yourself. To accuse MS of using its "stranglehold" on the market is getting stale. The OEM can (and in the case of Dell, to my knowledge anyway) offer XP or Linux. Blame them for not giving you the choice of OS, not Microsoft.
Posted by: James 16 Feb 2009
OF COURSE MS is scamming more funds
Of course MS is going to charge for everything they can; how do you think they got to be the richest company in the world? Charging $500 for MS Office when other software vendors would charge $100, $150 tops.
Posted by: Phillydrifter 15 Feb 2009
The charges are not Microsoft's fault
Why are these people going after Microsoft. It's Dell and other computer manufactures that are charging to change. Not everybody is affected either. Some who buy a computer with Vista office get the XP Pro downgrade free. I think that's fair since most that really require the downgrade are more likely business oriented. Why on earth would a consumer choose a 10 year old OS over Vista? Its not that bad!
Posted by: John Scott 15 Feb 2009
Problems with Vista
The problems are mainly to do with compatability with older technologies. When buying a new computer without ever owning Windows xp a user will find no real issues with Windows vista, it works perfect with programs built for it and hardware built for it but has problems replacing windows xp in an inviroment where windows xp was designed to run. to claim that you have compatability issues with a system your using for personal use not work that was built for vista and is certifies for vista is absolutly rediculous. if you unsatisfied with you pc's performance let ur manufacturer know, if you want to down grade tyo xp because thats what u use to use well them you can either use you old licence and pay nothing since it can run 2 processing units at one time or two different computers, or pay the 60 bucks because you getting a complete xp licencse which is valued at 200$ and can be used after you switch back to vista or 7 or mac osx
Posted by: Clan.Destine.8 15 Feb 2009