Ballmer dragged into ‘Vista Capable’ lawsuit

Steve Ballmer has been ordered to testify in the “Vista Capable” class action suit. In September Ballmer

tried to get out of exactly this by claiming that he had no direct involvement in Microsoft’s marketing campaign for the operating system. But papers submitted to the court last week said that Intel chief executive Paul Otellini had personally thanked Ballmer for Microsoft’s decision to ease the requirements necessary for PCs to be certified as “Vista capable” reports SeatllePi.

Ballmer must give his deposition within 30 days of US District Judge Marsha Pechman’s order, which was filed last Friday (21 November).

She said that this was evidence that Ballmer may have relevant knowledge to the case. Microsoft’s “Windows Vista Capable” labels first appeared on computers in April 2006.

On Thursday of last week, Microsoft asked a federal judge to dismiss the case altogether. Plaintiffs say that through the “Vista Capable” program, Microsoft violated the Washington Consumer Protection Act. By labeling PCs as “Vista capable” even though many of these PCs would only by able to run the most stripped down version of the new operating system, plaintiffs claim that Microsoft unjustly enriched itself by artificially keeping demand and prices for computers high. Microsoft is arguing that the plaintiffs cannot prove “any element of their ‘price inflation theory,” according to court documents, SeattlePi reports.

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