What is it, Legal News Day?

Just around the time that Microsoft updated its Surface product page with disclaimers about the available storage (after being sued by a customer, no less), another customer is taking the Redmond titan to court – this time in the land down under.

An Australia customer believes that Microsoft is tricking people into believing that they are in fact buying the full version of Windows instead of an upgrade. Why? Because the complainant thinks that the company hasn’t clearly marked the Windows 8 upgrade box to inform the user.

Good on you, mate!

Of course, this is without taking the fact into account that all boxed copies of Windows 8 that are available in Australia are upgrade-only, as full versions of the product are only sold via third-party computer stores.

As reported in The Sydney Morning Herald, John Hollow has sent his complaint to the Australian Competition and Consumer Commission (ACCC), which is backed by the consumer group by the name of Choice. A spokeswoman of the group Ingrid Just explained:

“Certainly [there is] potential for consumers to be confused and possibly even misled, thinking that this is a full product rather than an upgrade. It’s almost like a reverse ‘up-sell’ – giving you the fries and then asking if you would like a burger with your purchase. At the very least, Microsoft should have a sticker on their box clearly marking it as an upgrade only”.

It is not yet clear whether Hollow (and the ACCC) is seeking financial compensation or not, but they are nevertheless requesting the company to place a label on its Windows 8 boxes to let buyers know that they are purchasing an upgrade-only product.

Microsoft is yet to release an official statement on the matter, though a company representative did say that Microsoft is going to work with the ACCC on any concerns.

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