Judge dismissed Windows XP downgrade suit against Microsoft

Back in February 2009, Emma Alvarado, a Los Angeles consumer sued Microsoft because she was charged a $59.25 downgrade fee in order to have Vista operating system removed from her new Lenovo laptop and Windows XP installed instead. On Feb 22, U.S. District Court for Western District of Washington agreed with Microsoft and dismissed Alvarado’s […]

Back in February 2009, Emma Alvarado, a Los Angeles consumer sued Microsoft because she was charged a $59.25 downgrade fee in order to have Vista operating system removed from her new Lenovo laptop and Windows XP installed instead. On Feb 22, U.S. District Court for Western District of Washington agreed with Microsoft and dismissed Alvarado’s amended complaint – which seemingly added Windows 7 to the list of available operating systems from which Alavarado was unhappy about having to choose for her Lenovo PC. “Alvarado purchased her PC from Lenovo but Lenovo wasn’t named as a codefendant. According to the order granting motion to dismiss, Judge Marsha Pechman said Alvarado didn’t prove Microsoft’s “unjust enrichment” under the terms of the Washington Consumer Protection Act. “(S)he has failed to show Microsoft retained a benefit without providing value,” the judge said in her order.”