However, Alvarado did not name Lenovo in her lawsuit. "Microsoft does not charge or receive any additional royalty if a customer exercises those rights," a Microsoft spokesman said last year.Ĭomputer makers, not Microsoft, charged users the additional fees for downgrading a new PC from Vista to XP at the factory. "If anything, it appears that Plaintiff obtained two versions of Microsoft's operating software for the price of one," she said.Īlthough Alvarado claimed that she had paid a $59.25 fee in mid-2008 to downgrade her new Lenovo laptop from Vista to XP, Microsoft denied it had profited. Nor does the fact that she chooses to use only one version nullify the fact that Microsoft gave her value for the bargain."įrom Pechman's perspective, Alvarado got as much as Microsoft out of the deal. "That she chose to downgrade to XP without extra cost does not demonstrate that Microsoft retained a benefit without giving value. "Nowhere does she allege that she paid to downgrade or that she did not receive a copy of Vista when she freely chose to purchase her new computer with that software," said Pechman. Pechman rejected Alvarado's accusations, saying that she had not proved Microsoft benefited from the downgrade practices it created and OEMs implemented.
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