Friday February 10, 2012 8:42 PM AEST

Atomic MPC > News > Build > Operating Systems > Apple may sue Microsoft over 'misleading' adverts

Apple may sue Microsoft over 'misleading' adverts

Microsoft may be bitten by Apple's lawyers.

The Apple lawyers who contacted Microsoft's CEO and demanded that the Vole pull its "Laptop Hunters" advert might not have been joking after all.

Last week Microsoft revealed how Apple's legal eagles had decided that the best way to stop Microsoft telling the world plus dog how expensive its gizmos are was to threaten it with a writ.

Microsoft apparently was so amused that it released the details of the threat online.

Apple's solicitors said that the adverts had to be pulled because they were inaccurate and the outfit had knocked a hundred bucks off its hardware lineup. Now a Mac was as cheap as chips.

Of course the machines are still the most expensive on the market for what you get and so Microsoft was still giggling.

Well, now Advertising Age reports that Apple might have been serious about its threat all along. Its hacks dug up Michael McSunas, an attorney at Chambliss, Bahner and Stophel, who said that legally Apple "would have a leg to stand on."

His argument was that if you can buy a MacBook for under $1,000, then the 'Laptop Hunters' campaign would be "inaccurate and misleading". Of course the fact that the lowest priced Mac sells for $999, just one buck under $1,000, is neither here nor there.

There is precedent for ads having been taken off the air when their claims were no longer accurate. Chrysler forced Ford to remove an ad for its Freestar minivan in 2004, McSunas said.

Most analysts think it would be very stupid for Apple to go down this line. It would lead to more people talking about the Vole's "Laptop Hunters" adverts and the fact that PCs are cheaper than Macs.

A smart lawyer might also call into question Apple's own misrepresentation of PCs in its advertisements. If you believed Apple's famous "I am Mac, I am PC" adverts: Macs have embedded webcams, PCs don't; Macs don't have any security vulnerabilities, PCs do; Macs have all-in-one models, PCs don't; Macs make good home movies, PCs can't; Macs have better device support than PCs (despite supporting far fewer devices); Macs have automatic backup, PCs don't. And so on....

In short, Apple seems to think it's okay for it to stretch the truth to the breaking point while Microsoft is not allowed a dollar's leeway.

If Apple actually goes ahead and sues Microsoft over these adverts, the world plus dog might figure out that there's a humourless, uncool company that "can't stand one bit of competition" even more than Microsoft.

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23 Comments

Fat_Bodybuilder Jul 21, 2009 10:53 AM	After all those bullshit Mac vs PC ads. God, apple can suck a big one, IMO.
orcone Jul 21, 2009 11:06 AM	I AM OUTRAGED BECAUSE THIS ARTICLE SUBTLETY SUGGESTS I SHOULD BE
Malkieri Jul 21, 2009 11:22 AM	I guess apple had to do something with all that money apple users have to shell out for a new mac. Nothing like a corporate v corporate legal battle to incinerate all that cash.
AIMBOT Jul 21, 2009 11:34 AM	Before you read who wrote this article, it's obvious it's from the Inquirer. It's the typical nonsense they produce, always jumping on the Microsoft bandwagon, and drawing on over exaggerated claims to base their argument. I know you have to take a radical side in journalism (fence sitting or well thought-out arguments don’t sell) but the Inquirer always go straight to slander and passing off fanboy generalisations as fact. The Microsoft ads are inaccurate, it’s clear fact and there’s no two ways about that. The Apple ads are not so clear cut, and you’d be drawing a long bow to claim inaccuracy.
antifunker Jul 21, 2009 11:39 AM	I love Mac bashing, and I love the Inquirer. :D
smadge1 Jul 21, 2009 11:39 AM	yay for corporate giggity
GhostFaceKilla Jul 21, 2009 12:27 PM	AIMBOt - there is no bandwagon. They are reporting a public and known story. The Apple ads ARE misleading if not downright inaccurate. No need to draw a bow. What we are talking about here is a basic marketing strategy at which Apple has been extremely successful and I find very interesting. There is nothing that can be done on a Mac that cant be done on a PC. Apple computers DO cost more relative to what you get. This is another fact. An Apple computer is NOT of superior quality to a Toshiba or a Sony Vaio or the rest of the good brands. So on a number of basic counts you are wrong and showing bias. Note I am not advocating one platform over another. Just balancing out your bias. In any event Apple will not pursue a lawsuit for 3 basic reasons. 1. To do so would actually highlight Microsfts ad campaign more thus having more consumers catually think about their purchase properly (ie on a cost vs fetaures aspect for example). 2. To do so would entail an investigation of their own misleading Mac vs PC campaign which would again give consumers pause to think. 3. Apple want to minimise as much as possible any actual real comparison of their laptops vs others as Apple products are considerably more expensive relative to what you get. Remember Apple for the most part DOES NOT market itself around PERFORMANCE and POWER. It markets itself as lifestyle product, ot promtes aesthetics. nothing wrong woth that on its own. But on a real side by side comparission most consumers woul feel ripped off buying a MAC. Inded that is what is happening. Consumer sre actually comparing products properly and surprise surprise ARE NOT choosing Apple. Thats why Apple is pissed off.
Negotiator Jul 21, 2009 12:29 PM	LOL at Apple More people need to read the latest issue of the Atomic mag and take note that if you do a little reading you to can have a Mac killer. I know I will. My Grandfather LOVES Apple computers and says that PC's aren't and never will be better than Macs, if only he opened his eyes.
SyKRyD Jul 21, 2009 12:54 PM	i love it how those crying fan-boi bias end up sounding like the fan-boi themselves
Argotha Jul 21, 2009 1:13 PM	1. Read this months Atomic. 2. Yes it is The Inquirer, yes they may be slightly baised, does it change the fact that now you know about this and can do more research if you wish? 3. I am yet to see a Mac do what a PC cant for MY purposes 4. Orcone, that just shows that the Inquirer can write well. If you want a thesis on a subject dont ask the media. 5. Negotiator, for what your grandfather wants a Mac may be the best thing, for what you want a PC is probably the best thing. 6. http://i593.photobucket.com/albums/tt11/Argotha/thesimpletruth.jpg 7. http://i593.photobucket.com/albums/tt11/Argotha/truth2.jpg 8. (and yes i know most large servers actually use UNIX/LINUX or a variant)
thesorehead Jul 21, 2009 2:46 PM	Good luck to 'em. If it can be shown that the ads are misleading, they should be pulled. However, I suspect that MS will have the option to simply pull the "under $1000" ads and keep the "under $1500" ones. The cost of the legal action will be roughly equal for each side, but MS has cash reserves that most small countries would envy.
thesorehead Jul 21, 2009 2:55 PM	Also, lulz Argotha: http://i593.photobucket.com/albums/tt11/Argotha/truth2.jpg
Mordecai Jul 21, 2009 5:05 PM	Microsoft should change the ad to say "Can't find a laptop to suit their budget when they can only spend $998". That would sort it out.
moofactory Jul 21, 2009 5:06 PM	Bloody hell they're pethetic. Ive watched the ads, it shows people calling it how they see it. As far as im concerned, this is apple trying to hide the truth from the public. OH NOES! They have made people realise that pc's are cheaper for better hardware. How Dare they!
d3c4y Jul 21, 2009 7:38 PM	Seems like a bit of a double standard to me. While I'm not siding with either platform, Apple has been pretty openly dumping shit on Microsoft in its adverts for quite some time now. It isn't even more subtle shit, like the MS adds. It's flat out saying "PCs cant do this, PCs can't do that." I think if you're going to do that your competition for so long, you are opening yourself up to the same treatment. I think both advertising campaigns are good, in that they do bring some important points about each platform to the consumers attention, despite serious exaggeration on ONE companies part...
.:Cyb3rGlitch:. Jul 21, 2009 11:33 PM	I say good on Microsoft. Apple are fond of their Mac VS PC mockery, which let's face it, has little truth behind it. It plays on stereotypes. The MS advert is no different. If they do sue, I'd love to see Microsoft counter-sue for shits and giggles. Would be epic.
Athiril Jul 22, 2009 12:13 PM	How about Apple's fraudulent advertising of 'cutting edge graphics' and other nonsense in their Mac "Pro" line up when it was the 8600 GT they were offering, now they offer something just as tripe. 120's I think.
pkroeze Jul 22, 2009 4:47 PM	the fact is PC's are better for the simple fact that they are so much more customizable and upgradeable and all the top end parts generally come out earlier for PC than for MAC. thus PC's do everything a MAC can and does it a lot better.
SlickGrunt Jul 23, 2009 8:06 PM	poor attempt at humour, but would make a great nerdy series! Microsoft vs Apple: Cyber War chronicles sequel Microsoft vs Apple: Emergence of Linux sequel Microsoft vs Apple: Google takes over
hill60606 Jul 24, 2009 11:11 PM	So I guess these Ads are the reason Microsoft's profits are down 17% this quarter in their worst fiscal year ever and Apple's profits are up 15% this quarter in the best non-holiday quarter ever in their history.
.:Cyb3rGlitch:. Jul 25, 2009 4:31 AM	hill60606, that makes no sense. Why would Apple want to stop something if it's to their advantage?
Argotha Jul 25, 2009 10:38 AM	What like Blizzard and LAN?
Jeruselem Aug 10, 2009 11:25 AM	I hate those Mac vs PC ads ... eck.

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Atomic Magazine

Issue: 133 | February, 2012

Atomic is a magazine aimed squarely at computer enthusiasts, gamers, and serious PC upgraders.

Every month we bring you the latest reviews of new technology and PC components, in depth features on everything from overclocking to console hacking, and gaming previews and interviews.

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