Steve Ballmer Goes To Court In The Vista Capable Lawsuit
The Vista Capable class action lawsuit against Microsoft took a bad from to worse for Microsoft. The Redmond company failed in its attempt to get the case dismissed and now top excec Steve Ballmer will have to appear in the court as well.
November 24, 2008
That's the second bad news for Microsoft in this case. The first one came late last week, when Microsoft failed to convince the judge to dismiss the class-action lawsuit.
The motion filed by Microsoft read as follows:
"The evidence refutes plaintiffs' claims that Windows Vista Home Basic cannot 'fairly' be called Windows Vista. Windows Vista Home Basic has nearly all of the same computer code as the rest of the Windows Vista family and ... Microsoft never publicly defined Windows Vista in a way that would exclude Windows Vista Home Basic."
If the class-action lawsuit had been dismissed, the plaintiffs would've been forced to sue Microsoft individually. Not a very pleasant perspective, given the legal adversary they would've been facing.
The case was triggered by Microsoft's marketing campaign, which convinced people into buying computers tagged by Microsoft as Vista capable only to find out later that such machines could only run Vista Home Basic.