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Ballmer ordered to testify in 'Vista Capable' lawsuit

Ina Fried CNET News

Published: 24 Nov 2008 13:03 GMT

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A US judge on Friday ruled that Microsoft chief executive Steve Ballmer will have to testify in a class-action lawsuit over the 'Vista Capable' logo programme that Microsoft ran prior to 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 now left the company. However, the judge ruled against the software maker.

"The court appreciates that there are severe demands on Mr Ballmer's time; however, a busy schedule cannot shield an executive from discovery," judge Marsha J Pechman said in her ruling, posted on the Seattle Post-Intelligencer website.

The plaintiffs in the case have argued that Microsoft was misleading in labelling 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 at some point within the next 30 days, Pechman ruled.

The lawsuit has already proven to be a valuable source of internal company documents.

Credit: Judge orders Ballmer to testify in Vista suit from CNET News

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