Ballmer dragged into Vista Capable suit

 

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By Stuart Turton

Posted on 24 Nov 2008 at 08:37

Steve Ballmer has been ordered by a US court to testify in the Vista Capable case, despite assertions he had "no unique knowledge" of the scheme.

US District Court Judge Marsha Pechman has ruled that Ballmer must meet with the plaintiff's lawyers within the next 30 days. They will have three hours to record his deposition.

Microsoft had previously tried to block the deposition, with Ballmer arguing, "I was not involved in any of the operational decisions about the Windows Vista Capable program. I was not involved in establishing the requirements computers must satisfy to qualify for the Windows Vista Capable program. I was not involved in formulating any marketing strategy or any public messaging surrounding the Windows Vista Capable program."

Ballmer has tried to distance himself from the case by claiming former executives Jim Allchin and Will Poole were the ones most involved in the decisions about Vista Capable. According to Ballmer, everything he knew about the scheme came from "brief discussions about technical requirements and timing".

However, the revelation that Microsoft lowered the Vista Capable requirements to help Intel after the company's CEO, Paul Otellini, contacted Steve Ballmer directly persuaded the judge to side with the plaintiffs.

"Plaintiffs have met their burden in demonstrating Mr. Ballmer may have relevant, unique personal knowledge of relevant facts," Pechman wrote.

The case is intended to go to trial next April.