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By | Kelly Fiveash 31st December 2010 11:56

US woman sues again over XP 'downgrade', seeks class action

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A US woman who earlier this year unsuccessfully tried to sue Microsoft for allegedly charging her extra to downgrade from Windows Vista to XP has brought another lawsuit against the software giant.

Emma Alvarado of Los Angeles, California, filed a complaint in a federal court last week, reports Computer World.

She has now accused Microsoft of breaking the city's unfair biz practice and restraint of trade laws by getting punters to buy a copy of Windows Vista or Windows 7 if they want to "downgrade" to the company's nine-year old Windows XP operating system.

Alvarado has asked a California federal judge to grant the case class-action status, allowing the opportunity for other narked-off customers to sue Microsoft, if they so wish to.

She is demanding that Microsoft refund all sales derived from its downgrade option and said in the lawsuit that any members of the class - if a judge grants the case that status - should be awarded triple any actual damages meted out.

The complainant first filed a lawsuit against Microsoft on 11 February 2009, but it was dismissed in February this year.

Alvarado, in the original suit, claimed that Microsoft violated its dominant market position by requiring consumers to buy computers pre-installed with Vista and then getting them to cough up additional cash to “downgrade” to XP.

Her complaint hinged on allegations that Microsoft forced individuals running Vista Basic to first upgrade to Vista Business or Vista Ultimate and then pay for a download licence fee for XP Professional.

The new suit, as noted by Computer World, has many similarities with the original complaint. ®

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