Judge orders Ballmer to testify in Vista suit
A judge on Friday ruled that Microsoft CEO Steve Ballmer will have to testify in a class action suit over the "Vista Capable" logo program that Microsoft ran ahead of the launch of Windows Vista.
Microsoft had sought to limit depositions in the case to former Windows executives Jim Allchin and Will Poole, both of whom have since left the company. However, the judge ruled against the software maker.
"The court appreciates that there are severe demands on Mr. Ballmer's time; however, a busy schedule cannot 'shield' an executive from discovery," Judge Marsha J. Pechman said in her ruling, which was posted on the Seattle Post-Intelligencer Web site.
The plaintiffs in the case have argued that Microsoft was misleading in labeling certain machines as Vista Capable even though they lacked the graphics power to run the operating system's more advanced features.
Ballmer will have to be deposed for no more than three hours some time within the next 30 days, Pechman ruled.
Already, the suit has proven to be a treasure trove of internal documents.
During her years at CNET News, Ina Fried has changed beats several times, changed genders once, and covered both of the Pirates of Silicon Valley. These days, most of her attention is focused on Microsoft. E-mail Ina. 





If Ballmer wanted to tesify and give his side of the story and offered it up that's one thing, but this is like making an accused murder testify. What's the point? I bet you ten million dollars he gets on the stand and says, "Didn't Do It!". Woah! Really!
Just find out what the MS talking points are and you will know what monkey-boy is going to say.
by The_Decider November 7, 2008 9:49 AM PST
Ballmer didn't even know why he was lusting over Yahoo. He still get understand the Internet or the Web.
In a way, I wish it the buyout was successful, because MS would be in debt, they would have a ton of Linux based code they wouldn't know what to do with and would have a few more empty buildings.
It would have hastened the decline of MS.
Frankly, I can't believe MS shareholders didn't nail Ballmer to the wall. It was an inept move by an inept CEO.
Yahoo will recover, MS will continue its decline.
What is your point MS shill?
Why Microsoft said Windows XP will deadline at Feb. 14, 2014? So many people can get very angry and can fill report to court to sue Microsoft to include Windows XP life cycle up to year 2050 or more. I hope for that!!!! Please!!!! Year 2014 is come soon. No way! If Windows XP dead at year 2014, we will cry very hard then said yell out so loud on Microsoft!!! Microsoft need grow up!
Odds are, he'll just say its the user's fault anyways, not Microsoft's. Darn humans.
But so everyone is clear: a deposition, which is testimony under oath (just like in court), doesn't take place at the court or on the witness stand; it takes place at a mutually convenient meeting place for all parties involved in the deposition (which in this case will likely only be Mr. Ballmer, his attorney, the plaintiffs' attorney(s), maybe a plaintiff or plaintiffs, and the stenographer/recorder/videographer). So, it's okay if he arrives by helicopter or in a private jet; if this goes to trial (which it probably won't), the jury wouldn't even know about it, assuming it's a jury trial. At least the judge limited the deposition to 3 hours. Typically, depositions are limitless in time and scope.
Does MS pay you extra for posting under multiple names?
"In the meantime, your honor, I recommend using a Mac for the time being".
Saying no is the hardest part, MS. But you have GOT to learn to say no to Intel sometimes.
=submit to a massive infliction of double-knuckled noogies on his shiny head.
=walk around for the rest of his life wearing a sign that says, "I am a dolt! My software *****************! As me about Vista."
The issue of the suit focuses on the "Ready for Vista" label, versus support of the Aero interface. Again, Microsoft itself gave ample warning about the difference between "Ready" in the sense that it could have Vista installed versus "Premium," meaning it would support Vista. While I do agree that Vista is a system hog that should not be installed on anything less than Core 2 and 2 Gigs of RAM, the people behind the lawsuit should be smart enough to have researched the product beforehand and read Microsoft's own recommendations.
That Vista is a system hog that demands a lot, I agree. That can be improved somewhat by turning off the hard drive indexing feature, which will give a struggling system a bigger boost than turning off Aero (in those that support it). That the marketing of it for new systems in early 2007 was a little vague, I'll also concede. But, Microsoft did advertise that "Ready for Vista" did not neccessarily mean "will display Aero." Should they be sued over this? No; this is [bleep]!
- by guest86 November 26, 2008 3:38 AM PST
- You are crazy. You did spam me. Get out! None of your business!
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