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November 14, 2008 11:40 AM PST

More dirt in 'Vista Capable' lawsuit

by Ina Fried

You know an e-mail is going to be juicy when its subject line is "CONFIDENTIAL" and it starts out: "I would prefer not to have this discussion on email."

That's how Intel's Renee James started an e-mail to Microsoft's Will Poole, discussing the company's concerns over Microsoft's "Vista Capable" program. Intel was particularly upset over Microsoft's plan to require Vista Capable machines to have graphics cards that would support Vista's new driver model, as its 915 chipset was not planned to have that support.

Microsoft eventually did drop that requirement, a shift that is now the subject of a class action lawsuit. The plaintiffs in that case charge that, by caving to Intel, Microsoft allowed sub-optimal Vista machines to be sold with the Vista Capable sticker.

The exchange between James and Poole is just one of many new e-mails detailed in the latest court filings, which were noted Thursday by Seattle-area tech site TechFlash.

TechFlash has the full court filing up on its Web site, so if it's a slow Friday, by all means give the article and the documents a read. If you don't have time, here are some of the juiciest bits:

• Intel CEO Paul Otellini called Microsoft CEO Steve Ballmer personally to air his complaints about the program, which initially didn't call for machines running Intel's 915 chipset to qualify for the Vista Capable sticker.

• While Sony was pleased Microsoft decided to allow the 915-based systems to qualify even though they lacked a Vista graphics driver, Dell was confused, given that such systems wouldn't qualify for a Vista logo once Vista started shipping. HP meanwhile, was peeved, because it had invested in pricier graphics chips to support Vista's WDDM (Windows Display Driver Model) graphics requirement.

• Jim Allchin was described variously as "beyond being upset" and "apoplectic" over the decision, while other Microsoft workers described it as bad for customers.

In an e-mail--one that I'm sure is a favorite of the plaintiffs' lawyers--Allchin says "I believe we are going to be misleading customers with the Capable program."

Computer makers "will say a machine is Capable and customers will believe that it will run all the core Vista features," Allchin wrote. "The fact that aero (Vista's new graphics theme) won't be there EVER for many of these machines is misleading to customers."

During her years at CNET News, Ina Fried has changed beats several times, changed genders once, and covered both of the Pirates of Silicon Valley. These days, most of her attention is focused on Microsoft. E-mail Ina.
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by techman21 November 14, 2008 11:50 AM PST
They should have called them "Vista Basic Capable" to be more accurate, but I don't think that would avoid confusion for the average consumer either.
Reply to this comment
by vhdlguy1 November 14, 2008 4:50 PM PST
This may come as a surprise to many but many of us who work at intel know about the deceptive marketing and bullying partners into giving them a sweet deal has been Intel's trademark policies. I dont agree with it but that how they scramble to stay on top.
Top ppl at companies like Dell and several smallers oems in Taiwan know exactly how that goes...
by Penguinisto November 15, 2008 9:12 AM PST
So where did you allegedly work at Intel? Please, do tell.

I can say for certain that the allegations you're making ("deceptive" and "bullying") are way off-base. The customers that my colleagues and I dealt with when I was there were our masters... anything they wanted, we dropped everything and got for them.

That said, I'm thinking this stemmed from arguments between techs at Intel and Microsoft, with each claiming the other, and by the time it filtered upstairs, it got blown out of proportion. For the record, I have a laptop with an Intel GMA on it, and while I had to strip Aero down (a LOT), it does run on it. Funny thing is, Compiz and even OSX (via OSXX86 patching) run their full-on 3D effects just fine... on the exact same hardware.

All that said, Microsoft still had the option of saying "no". It wasn't as if Intel would have suddenly stopped making x86 processors capable of running Windows. Intel is just a vendor in this case. The decision was on Microsoft, and they decided to screw over the customer, pure and simple.

Microsoft caved not because of any bullying on Intel's part, but because they knew that Aero (and Vista in general) ran like crap on equipment that Microsoft's competition ran just fine on, and that equipment was pretty much a standard. MS Vista simply did not want to appear to be what it really was: a resource-hog.

Therein lies the deception... but not on Intel's part.

/P
by kojacked November 14, 2008 11:56 AM PST
Woulda, coulda, shoulda... Microsoft should have told Intel to pound sand but they caved and now they need to sleep in the bed they made. I suspect rebate coupons are already being printed...
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by umbrae November 14, 2008 12:16 PM PST
I think MS now realizes how bad this was and how much face they lost with customers. I will never buy Intel again since they started this mess.
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by Tripeclipse1277 November 14, 2008 12:29 PM PST
you might have unwittingly bought intel products in devices other than your PC
by thelemurking November 14, 2008 12:28 PM PST
Just another reason why I despise Intel!
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by Too Pacent! November 14, 2008 12:31 PM PST
This hasn't been the first time thta Intel's integrated graphics have confused consumers. I remember about 5 years ago when I bought my last computer it was described as having 256 mb of integrated graphics memory or some jargain like that. It basically translated into: no graphics whatsoever. For years I was unable to play any 3d games. It is very confusing for the average consumer. Now I'm older and wiser. I know not to expect any kind of quality performance from an integrated graphics chip. I fear thought that many others do not.
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by inachu November 14, 2008 12:38 PM PST
integrated graphics chips love to choke on world of warcraft.
by timber2005 November 14, 2008 1:22 PM PST
@inachu, can't even run Aero or Beryl Compliz straight.
by Penguinisto November 14, 2008 4:46 PM PST
You can get Compiz to run on it, but it takes some doing.

OTOH, they're not half-bad... I'm using one right now (business-class laptop).
by SkateNY November 14, 2008 10:05 PM PST
Good thing Microsoft has never confused its customers with multiple flavors of Windows. The blame here is shared. End of story.
by biffhenerson November 14, 2008 1:25 PM PST
I would hardly consider Aero a core Vista feature. To me this feature would only be available on high end system. It takes lots of graphics power, not something found in any core machine. In the same respect, some features Vista Ultimate may not run well on a very low powered machine. Some consumers are idiots. I cant wait for the wave of people that realize that thier new HD TV's dont really have an HD Tuner or perhaps they are just big and cant display HD at all. I still see people hooking up their VHF antenna and watching SD on the their HD sets thinking that they are watching HD. Lol,
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by Vegaman_Dan November 14, 2008 1:51 PM PST
Microsoft could easily just do what Apple has done- simply print up coupons good only on Microsoft products without any other discount.
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by Penguinisto November 14, 2008 4:47 PM PST
Better idea: How about coughing up valid XP license keys and a download site to get the iso file?
by Seaspray0 November 15, 2008 4:55 AM PST
@penquinisto. A good suggestion! After all, you legally have the right to downgrade to XP with a vista license. But from which source for the ISO? Microsoft or the OEM? The difference between the two can be considerable. The microsoft ISO would probably not contain all the drivers and be a virgin image of the OS. The oem ISO would contain the drivers and include all the 3rd party software they typically install. The thing is, I usually find that I like having the drivers and most of the 3rd party software and have no problems uninstalling those pieces I don't want.
by Penguinisto November 15, 2008 9:16 AM PST
Trust me - XP is an upgrade compared to Vista.

The "source" can be both: the OEM initially (w/ MSFT paying them for the bandwidth), and one at Microsoft as backup.

OEM's have drivers and 3rd-party software for both XP and Vista on a given model (Dell and HP certainly do)... those can be had there.
by BigGuns149 November 15, 2008 2:19 PM PST
@Seaspray0

I used to sell computers for a while and people like you got really annoying because they pretended every version of Vista offered downgrade rights when in fact that isn't true. Only Vista Business and Ultimate have downgrade rights to XP Pro. I used to get all sorts of idiots who thought somehow that they had the right to use XP with their machine with Vista Home Premium because someone like yourself told them that they had rights to downgrade any version of Vista. If not for people like you spreading inaccuracies I would never have had to deal with explaining people how they had been misled by their supposedly "saavy" friends.

Source:

http://download.microsoft.com/download/5/f/4/5f4c83d3-833e-4f11-8cbd-699b0c164182/royaltyoemreferencesheet.pdf

If you don't know what the heck you are talking about could you please not spread inaccurate information.
by Sumatra-Bosch November 14, 2008 2:06 PM PST
Microsoft is not only criminally mendacious but completely incompetent. Talking about this stuff anywhere but a parking lot of a supermarket in a completely plausibly deniable way is nuts.

The initial crime itself is bad enough.

But I guess you can be criminal and incompetent if you've got the market locked up forever and a day through the bootloader exclusivity clauses with the manufacturers.

Shame that CNET doesn't write about that one or twice a day, or whatever it will take to get the regulators interested.
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by Imalittleteapot November 14, 2008 2:46 PM PST
This is an old email isn't it? Anyway, this is just proof of what many including myself have been saying. The real problem is that people want lighter operating systems and cheaper computers. MS refuses time and time again to give people what they want. So, MS built a big OS like they always do, but this time MS and Intel still didn't want to lose sales on the lower end. It was just simple greed. When you make your software big there are consequences to that. You can't sell it on crap hardware anymore. You can't have your cake and eat it too.

I'll say it one last time. If MS and Intel wanted to sell an operating system for those computers then they should have built an operating system for those computers. Instead they built a bigger OS and didn't want to deal with the consequences of that decision. They're acting like teenagers.

Even today the requirements they give for Vista are the same and still too low. By hiding the truth about how big it is they're telling me they are ashamed of Vista. Yes, there are some things I like about Vista, but how can I get behind Vista when the very people that sell it are ashamed of it? How can anyone else? Now, maybe MS will learn their lesson with Windows 7 and program it so it runs on the hardware we actually have, but I doubt it. Intel will probably want to get some other crap piece of hardware off their backs and MS will cave again.
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by gp2792 November 14, 2008 3:05 PM PST
This is terrible. MS execs obviously new what the right thing to do was and took the path of least resistance. The company had a chance to show customers that they had the consumer's interest at heart, but failed miserably. Very unfortunate.
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by superswiss November 14, 2008 4:57 PM PST
Something very profound is happening with Vista and I don't think many people know that. Vista is the first version of Windows that takes full advantage of the GPU if your system has one. Because of this, Vista is faster on a system with a GPU than XP, because all the GUI stuff is offloaded to the GPU and the CPU is available for computational work. If you don't have a capable GPU, Vista scales back to the capabilities of the underlying hardware. They haven't taken it far enough yet, but it's the only way to make Windows run on the various hardware flavors out there. For example Vista should disable SuperFetch if you have less than 2GB of memory. The challenge is how to explain this to the consumer. One or two logos is not gonna cut it. When you install Vista it computes the Windows Experience Index, which is made up of 5 subscores. These 5 subscores tell you exactly what your system is capable of. The problem is you don't know your system's score until you power it up. Having a Vista Ready or Vista Capable logo attached to your system won't tell you the scores, either. MS needs to find a way to disclose the score of a particular system instead of a logo, so the consumer knows what that system is capable of.
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by Imalittleteapot November 14, 2008 8:59 PM PST
I wish they would have put the experience index on the box so you could know beforehand. However, remember MS was trying to hide the truth. Disclosing the experience index to the consumer would have been the exact opposite of what MS was actually trying to do. They were trying to deceive people to make more sales. These computers would have gotten an index of what 1or 2? Who would buy that? That's why they couldn't put that on the box. That's why they had to invent the capable logo that didn't actually mean squat.

They just didn't want to tell the truth because then their new OS would look bad. Like when Intel thought it looked bad said oh no! How are we going to sell our crap video chips with your friggin bloated OS Microsoft!

Microsoft had a few choices at that point. They could of said A. You're not going to be selling those graphic chips with Vista. Intel and MS might have taken a loss on the low end computers because of that decision, but at least they would have been honest about it.

B. MS could have fixed Vista so it does work on those machines and reaped the reward of some hard work. After all, almost all of the complaints about Vista that people still make today with SP1 were made by beta testers before it even got released. It isn't like they didn't know. They just didn't want to listen.

Then they had choice C. They could just lie about it and hide the experience index and the real system requirements from consumers until they got their computer home. By the time you get the crapbook home it's too late for you sucker! Good luck finding a Windows XP disk sucker! Now we have the proof right here that they picked option C.
by SkateNY November 14, 2008 10:07 PM PST
Sure. Some day, Vista is going to be great. The company notorious for big promises and little substance gains another disciple.
by 3rdalbum November 15, 2008 10:46 PM PST
Windows does not run noticeably faster on a system with an active GPU. Drawing a GUI takes a ridiculously small amount of processing power, so the CPU might as well handle it. When you're talking 3D effects, yes this would tie up the CPU. But the actual classic 2D interface can be drawn on the CPU with no perceivable slowdown at all.

Remember, the first Macintosh had 128 kilobytes of RAM and a 4 MHz processor!
by Imalittleteapot November 16, 2008 9:13 AM PST
3rdalbum:
Alright, the general idea of your post was right. However, in this particular situation it's a bit more complicated than that. First, Aero does use 3D effects. The slower the integrated chip the slower the GUI will draw.

Also, before Aero draws a window to the screen it waits until the entire window has been drawn. Then it saves a bitmap of that image that it can composite onto the desktop over and over again until the window needs updated. This makes the graphics feel smoother and faster. This isn't like Windows XP. With XP it's like watching a painter paint the entire window every time you look at it. This makes the system feel sluggish.

Now, why is this important? On Windows XP the drawing API, GDI is hardware accelerated to fix the sluggish feeling. They just made the painter go real fast. However, on Vista this wasn't needed anymore. So they took out the hardware acceleration for GDI. That's why turning off Aero won't help. However, since some of these chips didn't support Aero some users got the worst of both, no composition and no acceleration

However, this is the main problem. The main difference between a dedicated graphics card and an integrated graphics chip is the card has its own ram. An integrated graphics chip doesn't. It locks out some of the ram on your motherboard and uses it as video ram. This means your ram is going to get full even quicker and your computer is going to swap to disk more often. That is how an integrated chip causes the computer to slow down. You simply have less ram available to you.
by morrie 52 November 18, 2008 8:01 AM PST
Here in UK,a large electrical store chain,Comet,doe indeed show the scores on the details placard ,and with Windows 7 looking to be very nimble by all who have used the beta's,I think the scoring is going to be hoicked up a few scores as MS always intended,to maybe 10 ,fingers crossed.
by michaelo1966 November 14, 2008 5:24 PM PST
I have an IBM shipped w/ Vista and the Mobile Intel(R) 965 Express Chipset that, over a year after I bought it, still says the drivers are incompatible. This wasn't a "Vista Capable" machine; it shipped w/ Vista, and has never been stable. Downloading the new driver from Intel says it's incompatible and I need an OEM upgrade; IBM doesn't have one on their website and wants $85 for a support call. Next computer will be a Mac.
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by mdsudan November 14, 2008 9:17 PM PST
Your MAC will be an Intel!!
by Penguinisto November 15, 2008 9:18 AM PST
@mdsudan: Actually, my "MAC" is not an "Intel"... it's a series of hexadecimal numbers separated by colons. ;)

/P
by sythara November 17, 2008 8:47 AM PST
@ Penguinisto

lol, I wonder how many people actually got that one
by SteamChip November 17, 2008 2:40 PM PST
<Next computer will be a Mac. <

My next computer will be WINDOWS XP
(I need to run Morrowind and associated programlets and mods)
Microsofts worst competion is ITSELF.
by SkateNY November 14, 2008 10:03 PM PST
Wow! Microsoft mislead its customers? Is that wrong?
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by xcopy November 15, 2008 2:20 PM PST
Where's the surprise in any of this?

Intel sucks (management and many employees) and they always have. It's a skanky company that cheats customers whenever possible. This kind of dishonest behavior is not new and for those that remember the last 10-15 years, they milked all customers by simply sorting chips by speed (coming off the same wafer) and releasing the faster ones as a "NEW" product for more money, they had the whole 486 issue many years ago where they tried to cover up their math errors and didn't want to provide working chips saying "most customers don't need it", and they've gouged their way across the world for years with impunity until AMD started to provide a little competition.

That's not to say that MS is innocent in this either. Vista is bloatwear that was designed to do nothing but churn accounts for revenue. What does it really do that XP didn't do better and faster in most cases? From my 2 years of experience, the answer is "nothing", except the UAC is more annoying than anything XP ever had. Some claim to fame.....

Sadly, anyone that thinks cheesy apple is going to be any better is severely delusional. Apple/Jobs is another skanky organization that routinely screws its less-than-bright sycophant customers. Joining a group like that is even more unappealing than putting up with MS...
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by stevebrass November 15, 2008 4:27 PM PST
All of them suck. The only company I like is WordPerfect because I use it as my word processor. But why bother with Aero at all? I booted up my Vista machine, looked at all the visuals, thought it was cute, but distracting. I like a clean old fashioned interface, but then I am 60 yrs old. I turned off all the Aero and returned it to Windows Classic -- hell, I even use the Classic Start Menu.
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by punterjoe November 16, 2008 5:28 AM PST
Maybe instead of "Vista Capable" or "Intel Inside" they should have just added a snazzy holographic sticker proclaiming "Caveat Emptor!" most buyers would think it was a cool feature & it would have pre-empted any class action suits ;)
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by cerebral_but_dull November 17, 2008 10:34 AM PST
"If you don't have your integrity, you have nothing" . When the pressure was on, Microsoft lacked the integrity to reserve "Vista Capable" stickers to Vista capable machines. And, geez, Balmer sounds like Bart Simpson! "Wasn't me. You can't prove nothing. HE did it. Nobody saw me". Microsoft is SO done until Balmer is gone.
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by terry pod. November 17, 2008 1:40 PM PST
So wait if i upgrade my windows xp media center edition (2005) to windows vista home premium, or windows 7 if i wait that long, i cant go back with vista? What if i partition the disk, and install it separately?
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by dk12rk November 17, 2008 2:51 PM PST
Chips of different speed from the same wafer is not limited to Intel. It is common practice. It is called speed binning. They try to qualify each chip for a certain speed, but it fails at the high speed but runs at a lower speed, so they they sell it at a lower cost. I don't know how that is bad. And BTW I do not work for AMD or Intel.
All you are trying to do is getting the most working die out of a wafer. It doesn't mean the lower speed die are defective. All it means is that has failed some test at the top speed maybe leakage or speed or something else, but works fine with the same expected reliability at lower speed.
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by JCCox November 23, 2008 2:10 AM PST
I'm always surprised by how low these companies will sink to make a profit. Both Intel and Microsoft are market leaders and I would expect more from them.
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About Beyond Binary

During her years at CNET News, Ina Fried has changed beats several times, changed genders once, and covered both of the Pirates of Silicon Valley. These days, most of her attention is focused on Microsoft.


Beyond Binary is a look at how technology is changing our lives and the people behind all that life-changing stuff, with an extra emphasis on that which emanates from Redmond, Wash.

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