We use cookies to provide you with a better experience. If you continue to use this site, we'll assume you're happy with this. Alternatively, click here to find out how to manage these cookies

hide cookie message
80,108 News Articles

Ballmer forced to testify in Vista Capable suit

Judge orders Microsoft CEO to give evidence

Microsoft CEO Steve Ballmer has been ordered to testify in a class action lawsuit against the Windows developer that alleges the company misled consumers over the Windows Vista Capable marketing campaign.

Ballmer has unique personal knowledge of facts surrounding the case, therefore he must face questioning, Judge Marsha Pechman of the US District Court for the Western District of Washington at Seattle ruled, according to court documents released on Friday.

Lawyers for the plaintiffs will have no more than three hours to take a deposition from Ballmer at the time and place of his convenience, the documents said. The deposition must take place within 30 days of the order.

HP enraged by 'Vista capable' changes

The case against Microsoft was launched early last year. The plaintiffs allege that most computers labelled 'Vista Capable' in the marketing campaign, which began in early 2006, cannot run or run poorly Vista Premium, the version of Vista with the most popular features.

Microsoft had sought to exclude Ballmer from questioning, saying he was not involved in operational discussions around the 'Vista Capable' programme, the court documents say. Microsoft had offered up then co-president Jim Allchin and then-senior vice president Will Poole instead of Ballmer, saying the two had superior knowledge of the programme.

The plaintiffs won the argument to question Ballmer by pointing out conversations between Ballmer and Intel CEO Paul Otellini in which the two discussed possible changes in the Vista Capable requirements.


IDG UK Sites

Windows 9 release date, price, features: Microsoft teases new OS ahead of 30 September unveiling

IDG UK Sites

From the iPhone 6 to the iWatch and a new Apple TV we look at the products Apple is set to launch...

IDG UK Sites

September 2014 creative trends: 5 things you must see

IDG UK Sites

What to expect from Apple in autumn/winter 2014: iPhone 6, iPhone Air, iWatch, iPad 6, new Apple...