Lawyers in the "Windows Vista Capable" class-action lawsuit against Microsoft have asked a federal judge to force the company to use its Windows Update service to notify potential class members, court documents filed Thursday revealed.
In a motion submitted to US District Judge Marsha Pechman, lawyers for the plaintiffs laid out a notification plan that would include print ads in publications such as USA Today, banner ads on sites including Yahoo.com and MSN, and a message that would be delivered to Windows users by Microsoft's automatic update service.
Noting that Microsoft has repeatedly said it cannot identify the people who bought PCs under its Vista Capable marketing campaign in 2006 and early 2007, the plaintiffs' attorneys pitched Pechman on the idea of using Windows Update to reach them. "Although Microsoft cannot identify class members, it can communicate to them through its Windows Update program," the motion filed Thursday said.
Windows Update is the mechanism best known for delivering security patches to Windows users on the second Tuesday of each month. However, the service also is used by Microsoft to push non-security updates, and in some cases has been used to patch third-party products.
It has not, however, been used for legal messages such as the one proposed by the plaintiffs' lawyers.
The attorneys argued that Windows Update would be a "low-cost" and "efficient" way to reach potential class members. One of the plaintiffs' expert witnesses, independent IT consultant Ronald Aelpin, said that the Windows Update notification would "cost little more than the amount necessary to write, test, and implement the small piece of software code necessary to provide the notice."
Tom Horn, a second expert used by the plaintiffs' lawyers, was even more concise, estimating that it would take Microsoft just "one to two man hours to complete the program, address quality assurance issues, tag and upload the Update as ready for distribution."
Supporting documents also filed yesterday with Pechman spelled out the exact wording the notice would use: "Court Ordered Notice Regarding Windows Vista Capable Class Action. If you purchased a computer certified as 'Windows Vista Capable' and not also bearing the 'Premium Ready' designation, your rights may be affected by a class action lawsuit. Click here for more detailed information."
A link in the notice would lead users to a specially-crafted site with more information on the case.
Read up on the latest ideas and technologies from companies that sell hardware, software and services. How to improve employee productivity in small and medium businesses
Everything you need to know about email and web security (but were afraid to ask)
IT Service Management Needs and Adoption Trends: An Analysis of a Global Survey of IT Executives
Strategies for Eliminating .PST Files
The state of Middleware
CRM your salespeople will love
Solve Exchange Mailbox Storage Issues Once and for All
Controlling storage costs with Oracle database 11g
Zones provide focussed content from Computerworld and leading technology partners.Discover how SOA can create smarter outcomes for your business.
Attend and learn:
- How SOA is helping leading companies to become more agile
- Where you should be applying SOA processes in your company
- The top SOA implementation mistakes to avoid
Click here for more information.
- +
Computerworld Live Podcast #97: The Future of Enterprise Networking 25/07/2008 09:45:36
This week CW Live chats with Mark Thompson, global sales and marketing manager for HP ProCurve, on the future of the enterprise networking. Mark discusses the trends we can expect to see in the near future and how the right infrastructure can ensure your enterprise network is secure. - +
Computerworld Live Podcast #96: Security at the Edge 11/06/2008 09:22:22
CW Live speaks with Amol Mitra, HP ProCurve Director of Marketing for Asia Pacific and Japan. Today's topic: how enterprises are starting to shift away from simply controlling security via server logins, firewalls and moving to more adaptive security frameworks. - +
Data Management Edition #10: Multi-Petascale Systems 02/05/2008 09:12:33
This week we look at sustainability and the development of multicore technologies to build multi-petascale systems. - +
IT Security Edition #11: How to poison the Storm botnet 01/05/2008 08:51:55
This week CW Live presents a case study on how to poison the notorious Storm botnet . Plus we take a look at Cisco's plans for Ironport. - +
IT Security Edition #10: Cyber-battles fought and won 24/04/2008 11:09:47
Vendors bow to end user pressure to improve product security, and we take a look at the latest concepts shaping the cyber-battlefield of the future.
FrontRange Solutions launches HEAT Plus Mobile to reduce help desk costs and improve service management productivity 2008-12-02 15:15:00+11
AARNet Helps to Advance Indigenous Health 2008-12-02 12:44:00+11
Orbis selects Telstra International as its data centre partner for the UK, Europe and Middle East Region 2008-12-02 11:23:00+11
ComOps Deploys Corporate Performance Reporting Solution For Healthcare Test Manufacturer 2008-12-02 10:09:00+11
Mornington Peninsula Shire implements Objective to manage knowledge and deliver service excellence 2008-12-02 09:56:00+11
Controlling storage costs with Oracle database 11g
Organisations must embrace new ways of storing data that don't involve adding more of the same hardware to accommodate data growth and dealing with duplication as well as uncompressed information. Simple steps such as tiering storage, moving data across these tiers and reducing the amount of data to be managed, can dramatically reduce capital and operating expenses. Read on to learn how to implement these steps in your business.












