Judge: Vista suit capable of going to trial

The "Windows Vista Capable" lawsuit took another step toward trial—or settlement—Tuesday when US District Court Judge Marsha Pechman denied Microsoft's request for dismissal. The suit was filed in March by a pair of miffed PC buyers. Their claim: Microsoft's prerelease "Windows Vista Capable" campaign was a sham because the Vista in "Vista Capable" is merely Home Basic and not Home Premium or Ultimate. Todd Bishop's Microsoft Blog reports the ruling means Microsoft will have to answer in court at least two of the plaintiff's four claims, "that Microsoft's marketing violated the Consumer Protection Act, and that the company was unjustly enriched."

A jury trial is scheduled for October 2008, which means there's still plenty of time for Microsoft's legal team to make this seemingly flimsy suit go away. But every victory for the plaintiffs is more pressure on Microsoft to settle. Between now and trial time, the judge has to decide whether to raise the stakes and make the case a class action suit—which would mean anyone who bought a Vista Capable computer during that time would be included in any settlement. That can only mean one thing: more vouchers! Also, if you're keeping score at home, Tuesday's ruling left Microsoft one-for-two in court battles this week.