Redmond (WA) – Microsoft lawyers tried to protect CEO Steve Ballmer from being grilled in the increasingly dirty “Vista Capable” lawsuit, but Judge Marsha Pechman believes that Ballmer may have special knowledge about what went on behind the scenes and ordered the executive to be available for questioning. The document leaves no doubt that the finger pointing at Microsoft is already in full swing.

The “Vista Capable” lawsuit, which has unveiled questionable agreements between Microsoft and Intel surrounding the launch of Windows Vista, has already turned into a nightmare for Microsoft and it seems it will only get worse. Plaintiffs now succeeded in getting the court to agree that CEO Steve Ballmer needs to spend some one-on-one time in a question and answer session.

Judge Marsha Pechman declined a motion by Microsoft for a protective order to preclude Steve Ballmer from a deposition. According to a document published by Techflash, Ballmer will have to make himself available for deposition that will have to take place within thirty days and a duration of up to three hours. Ballmer will be able to choose the time and location of the deposition.

In their motion, Microsoft’s lawyers conceded that Ballmer discussed with Intel CEO Paul Otellini the technical requirements of “Vista Capable”, but they claim that the content of this discussion is “irrelevant” – simply because “those concerns” were relayed to other members of the management. Ultimately, the “the issue” was resolved by others, they said. Microsoft noted that then co-president Jim Allchin and senior vice president Will Poole - both have left Microsoft since then – had “superior knowledge” of the decisions made.

Pechman disagreed that these claims are enough to preclude Ballmer from a deposition. The court believes that Ballmer himself had doubts about Poole’s decision, which would indicate that “Ballmer may have been evaluating Microsoft’s response to Intel’s concerns about the Vista Capable changes.” As a result, there is “a sufficient basis to justify the deposition,” the document states. Pechman also noted that Ballmer may have “unique personal knowledge” about the events.

Poole, who appears to have been responsible for key decisions to change the Vista Capable system requirements in favor of Intel, left Microsoft in September of this year to "pursue philanthropic and entrepreneurial interests." Poole joined Microsoft in 1996 through the acquisition of eShop, which he co-founded in 1991. Allchin left Microsoft on January 30, 2007, the day on which Microsoft released the consumer versions of its Windows Vista operating system. Allchin joined Microsoft in 1990 and was co-president of the firm’s Platforms & Services Division from September 2005 until his retirement.

Ballmer’s deposition may or may not add to the damage already caused by the lawsuit. But his comments will, at the very least, attract additional attention to the matter. However, given the scope of the suit and given the already released content of communication between Microsoft and Intel, it seems that Microsoft may get stuck with the bill of some unfortunate decisions – which is somewhat surprising as Intel may have been the main beneficiary. Microsoft's mission in this case is clearly damage control.

While there is no doubt that a certain damage has been caused by Poole’s decisions, it would be interesting to know whether Poole was aware of the implications of his actions or not.

So they get...

Nov 24, 2008 01:01     

... some one-on-one time with this guy... http://www.youtube.com/watch?v=lVMy0PFr8no LMAO
Automation Engineer - Henrik report abuse vote down vote up Votes: +0

Yeah...

Nov 24, 2008 09:47     

Both Intel and Microsoft should be sharing the penalty equally. Intel for pushing Microsoft to lower its standards, and Microsoft for actually doing it. The 2 companies were caught, both are responsible for the damages they caused to the market.
JackCrackerMan report abuse vote down vote up Votes: +0

Microsoft Politics

Nov 24, 2008 14:24     

Like I've told all my computer friends, Ballmer has destroyed what Microsoft once was. Ever since Ballmer showed up Windows XP stopped development, it's still a capable OS, Vista was released unfinished and now we have no choice but to adopt or pirate. And now with Windows 7 around the corner Vista users will have to adopt again.
webterractive report abuse vote down vote up Votes: +1

Implications of his actions?

Nov 24, 2008 14:53     

/* interesting to know whether Poole was aware of the implications of his actions or not. */ And if he was so clueless as to not be so aware, how he made it to Senior VP at Micro$oft.
wpns report abuse vote down vote up Votes: +0

Ballmer Wanted a New Windows...

Nov 24, 2008 14:53     

Ballmer wanted to create a new Windows and receive credit for it. Unfortunately, he's getting his wish. While Vista has a lot of new features, Ballmer introduced it too quickly, about 2 years too quickly. Vista is simply too bloated, has too many threads and has too many programs which slow it down. People want a Windows which is lean, fast, not complex, and dependable. Vista has few, if any, of these features. Windows XP Pro has all these features. What Ballmer should've done is continue developing Vista and extend XP Pro's life cycle. Ballmer should've created some utilities which deal with the quad and dual core CPU's. XP needs GUI & command-line utilities and shortcut options which allow users to choose which core to use. Instead, what we have is a bloated O/S which most companies and business individuals don't want. Also, I highly doubt even gamers would "upgrade" from XP Pro to Vista. They would have to deal with the new driver model which introduces system stability problems and as their reward receive fewer frames per second for their troubles.

Cypherdude report abuse vote down vote up Votes: -1

Wow

Nov 24, 2008 16:34     

I am sure he will just lie. thats what I would do, just lie and deny everything. Jess http://www.privacy.de.tc
Hammer report abuse vote down vote up Votes: +0

Stop the Microsoft Tax!!

Nov 24, 2008 16:39     

Stop the Microsoft Tax!!! It's killing technology!!
joe report abuse vote down vote up Votes: -1

dont be so ignorant

Nov 24, 2008 20:03     

there's actually a LOT MORE to this story. go to http://stuffididlastnight.com
frank senbaynes report abuse vote down vote up Votes: +0

LOL, I'm ready!

Nov 30, 2008 00:16     

My buddy Bill Clinton has been advising me on how to answer! My own people are unwilling to fall of the grenade for me! When every last MS employee ius supposed to say, "I know nothing, I see nothing", it turns out that we have whiners internally! Not just low level basement dwellers too, these rats are senior executives! These weaklings emails have been entered into evidence AGAINST MS!
steveballmer report abuse vote down vote up Votes: +0