This lawsuit is stupid. I'm not at all a fan of Microsoft, but they obviously needed to avoid calling the Surface RT a failure in advance of the facts, because

This lawsuit is stupid. I'm not at all a fan of Microsoft, but they obviously needed to avoid calling the Surface RT a failure in advance of the facts, because to do so would have become a self-fulfilling prophecy -- potential customers would have reacted to Microsoft's own candid statements and avoided the product, thus accelerating the debacle. There are times when you can please customers, or please stockholders, but not both simultaneously. This is one of those times.