MICROSOFT Chief Executive Officer Steve Ballmer is set 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 plaintiffs in the case 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.
The case against Microsoft was launched early last year. The plaintiffs allege that most computers labeled ‘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’ program, 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 program.
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.
