EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

10.05.08

The Return of Vista Collusions: Will Ballmer be Deposed Soon?

Posted in Bill Gates, Courtroom, Europe, Law, Steve Ballmer, Vista, Windows at 3:29 pm by Dr. Roy Schestowitz

Direct link to deposition video | Full set of the deposition videos (including Ogg Theora versions)

There are several interesting developments around Windows Vista at the moment and below is a summary.

Vista Trouble

A great proportion of Windows users not only neglect or reject Vista at times of computer purchase; some of them do it after repeated disappointment, so Microsoft has just extended — against its will — the duration of XP availability, proving that the backlash continues almost 2 years after RTM and many months after the release of Service Pack 1, which Microsoft said would Fix Everything™.

Partners originally had up until January 31 2009 to provide the Windows XP Professional recovery media with machines running Windows Vista Business or Windows Vista Ultimate. Now they have until July 31, 2009, a Reg reader has informed us.

According to the survey which is covered here, even in one of the most Microsoft-receptive countries in the world (United Kingdom), only 4% of the businesses have adopted Windows Vista. That’s how bad it is.

More than half (58 per cent) of businesses using Microsoft technology are “exploiting” Windows XP compared to just four per cent for Vista, according to the ‘reality checkers’ research by the Corporate IT Forum (Tif), seen exclusively by silicon.com.

The Vista Lie

Class action over the Vista collusion is proceeding and the following development sure is interesting.

Lawyers want Windows Update used to push ‘Vista Capable’ lawsuit notices

Lawyers in the “Windows Vista Capable” class-action lawsuit against Microsoft have asked a federal judge to force the company to use its Windows Update service to notify potential class members, court documents filed yesterday revealed.

In a motion submitted to U.S. District Judge Marsha Pechman, lawyers for the plaintiffs laid out a notification plan that would include print ads in publications such as USA Today, banner ads on sites including Yahoo.com and MSN.com, and a message that would be delivered to Windows users by Microsoft’s automatic update service.

There is also an article about it in Linux Journal.

“Lawyers in the Windows Vista Capable lawsuit against Microsoft want a federal judge to force the company to use Windows Update to notify potential class members of the suit, according to court documents.” This is the opening paragraph in an article in ComputerWorld.

That may be only the beginning. Previously, it was the now-retired Jim Allchin who got called in for this investigation. He was not alone, either. Now it goes all the way up to the top as Microsoft’s CEO is called in and Microsoft fights to prevent a deposition.

The only thing CEO Steve Ballmer knew about Microsoft’s Windows Vista Capable marketing campaign was what he was told by subordinates, and he should not have to testify in the class-action lawsuit that accuses the firm of deceiving customers, the company said Friday.

Might Ballmer be deposed?

Microsoft tries to avoid Ballmer deposition in Vista suit

Microsoft Corp. Chief Executive Steve Ballmer is the subject of a new legal squabble in a lawsuit over the company’s Windows Vista marketing practices.

Despite these excuses (yes, Ballmer himself struggled with Vista and knew about its flaws, as we noted and also showed before), the press remains skeptical.

Lawyers representing Microsoft in the “Windows Vista Capable” case filed a declaration by Microsoft CEO Steve Ballmer today, in which Ballmer says he was “not involved in any of the operational decisions about the Windows Vista Capable program.”

This is not over yet, so the court’s decision will be important. Did Microsoft’s chiefs decide to deceive? If so, how high up does this decision go?

Speaking of “misleading”, Roy Fielding has just thrown a fit at Microsoft, among others.

IBM, EMC, Microsoft blasted for ‘REST rip-off’

IBM, EMC, Microsoft and others have been blasted by the father of Representational State Transfer (REST) for making “misleading” and “idiotic” claims about a proposed specification for applications to talk to different vendors’ content management systems (CMS).

Picking on last month’s over-hyped Content Management Interoperability Services (CMIS) Specification announcement, Roy Fielding has said he’s getting tired of big companies making “idiotic claims about REST and their so-called RESTful architectures”.

Dishonesty might lead to ‘success’, but dishonesty is not a quality.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

4 Comments

  1. Needs Sunlight said,

    October 6, 2008 at 4:34 am

    Gravatar

    Who cares about deposed or not. Let’s see some hard jail time for Gates, Ballmer, Allchin and company.

  2. Ziggyfish said,

    October 6, 2008 at 5:43 am

    Gravatar

    Agreed.

  3. Roy Schestowitz said,

    October 6, 2008 at 5:46 am

    Gravatar

    In the United States, affluent people rarely go to prison; they pay bail, instead.

  4. Needs Sunlight said,

    October 6, 2008 at 8:35 am

    Gravatar

    @Roy: The normal procedures often don’t apply to special cases, such as treason, which could be relevant here, depending on how deep the investigation is allowed to go into M$ records.

    Alternately, it could be dressed as an economic stimulus package. The depression isn’t being help any by productivity killers marketed as MS Office 2007 and MS Vista. SMEs have it hard enough without these albatrosses. Or getting rid of Windows in general will take a double-digit billions malware burden off the market.

What Else is New


  1. Weaponising Russophobia Against One's Critics

    Response to smears and various whispering campaigns whose sole purpose is to deplete the support base for particular causes and people; these sorts of things have gotten out of control in recent years



  2. When the EPO is Run by Politicians It's Expected to Be Aggressive and Corrupt Like Purely Political Establishments

    António 'Photo Op' Campinos will have marked his one-year anniversary in July; he has failed to demonstrate morality, respect for the law, understanding of the sciences, leadership by example and even the most basic honesty (he lies a lot)



  3. Links 16/6/2019: Tmax OS and New Features for KDE.org

    Links for the day



  4. Stuffed/Stacked Panels Sent Back Packing After One-Sided Patent Hearings That Will Convince Nobody, Just Preach to the Choir

    Almost a week ago the 'world tour' of patent lobbyists in US Senate finally ended; it was an utterly ridiculous case study in panel stacking and bribery (attempts to buy laws)



  5. 2019 H1: American Software Patents Are as Worthless as They Were Last Year and Still Susceptible to Invalidation

    With a fortnight left before the second half of the year it seems evident that software patents aren't coming back; the courts have not changed their position at all



  6. As European Patent Office Management Covers up Collapse in Patent Quality Don't Expect UPC to Ever Kick Off

    It would be madness to allow EPO-granted patents to become 'unitary' (bypassing sovereignty of nations that actually still value patent quality); it seems clear that rogue EPO management has, in effect, not only doomed UPC ambitions but also European Patents (or their perceived legitimacy, presumption of validity)



  7. António Campinos -- Unlike His Father -- Engages in Imperialism (Using Invalid Patents)

    Despite some similarities to his father (not positive similarities), António Campinos is actively engaged in imperialistic agenda that defies even European law; the EPO not only illegally grants patents but also urges other patent offices to do the same



  8. António Campinos Takes EPO Waste and Corruption to Unprecedented Levels and Scale

    The “B” word (billions) is thrown around at Europe’s second-largest institution because a mischievous former EUIPO chief (not Archambeau) is ‘partying’ with about half of the EPO’s all-time savings, which are supposed to be reserved for pensions and other vital programmes, not presidential palaces and gambling



  9. Links 15/6/2019: Astra Linux in Russia, FreeBSD 11.3 RC

    Links for the day



  10. Code of Conduct Explained: Partial Transcript - August 10th, 2018 - Episode 80, The Truth About Southeast Linuxfest

    "Ask Noah" and the debate on how a 'Code of Conduct' is forcibly imposed on events



  11. Links 14/6/2019: Xfce-Related Releases, PHP 7.4.0 Alpha

    Links for the day



  12. The EPO is a Patent Troll's Wet Dream

    The makers of software and games in Europe will have to spend a lot of money just keeping patent trolls off their backs — a fact that seems to never bother EPO management because it profits from it



  13. EPO Spreading Patent Extremists' Ideology to the Whole World, Now to South Korea

    The EPO’s footprint around the world's patent systems is an exceptionally dangerous one; The EPO amplifies the most zealous voices of the patents and litigation ‘industry’ while totally ignoring the views and interests of the European public, rendering the EPO an ‘agent of corporate occupation’



  14. Guest Post: Notes on Free Speech, and a Line in the Sand

    We received this anonymous letter and have published it as a follow-up to "Reader's Claim That Rules Similar to the Code of Conduct (CoC) Were 'Imposed' on LibrePlanet and the FSF"



  15. Links 13/6/2019: CERN Dumps Microsoft, GIMP 2.10.12 Released

    Links for the day



  16. Links 12/6/2019: Mesa 19.1.0, KDE neon 5.16, Endless OS 3.6.0 and BackBox Linux 6

    Links for the day



  17. Leaked Financial 'Study' Document Shows EPO Management and Mercer Engaging in an Elaborate “Hoax”

    How the European Patent Office (EPO) lies to its own staff to harm that staff; thankfully, the staff isn't easily fooled and this whole affair will merely obliterate any remnants of "benefit of the doubt" the President thus far enjoyed



  18. Measuring Patent Quality and Employer Quality in Europe

    Comparing the once-famous and respected EPO to today's joke of an office, which grants loads of bogus patents on just about anything including fruit and mathematics



  19. Granting More Fundamentally Wrong Patents Will Mean Reduced Certainty, Not Increased Certainty

    Law firms that are accustomed to making money from low-quality and abstract patents try to overcome barriers by bribing politicians; this will backfire because they show sheer disregard for the patent system's integrity and merely lower the legal certainty associated with granted (by greedy offices) patents



  20. Links 11/6/2019: Wine 4.10, Plasma 5.16

    Links for the day



  21. Chapter 10: Moving Forward -- Getting the Best Results From Open Source With Your Monopoly

    “the gradual shift in public consciousness from their branding towards our own, is the next best thing to owning them outright.”



  22. Chapter 9: Ownership Through Branding -- Change the Names, and Change the World

    The goal for those fighting against Open source, against the true openness (let's call it the yet unexploited opportunities) of Open source, has to be first to figuratively own the Linux brand, then literally own or destroy the brand, then to move the public awareness of the Linux brand to something like Azure, or whatever IBM is going to do with Red Hat.



  23. Links 10/6/2019: VLC 3.0.7, KDE Future Plans

    Links for the day



  24. Patent Quality Continues to Slip in Europe and We Know Who Will Profit From That (and Distract From It)

    The corporate media and large companies don't speak about it (like Red Hat did before entering a relationship with IBM), but Europe is being littered and saturated with a lot of bogus software patents -- abstract patents that European courts would almost certainly throw out; this utter failure of the media to do journalism gets exploited by the "big litigation" lobby and EPO management that's granting loads of invalid European Patents (whose invalidation goes underreported or unreported in the media)



  25. Corporate Front Groups Like OIN and the Linux Foundation Need to Combat Software Patents If They Really Care About Linux

    The absurdity of having groups that claim to defend Linux but in practice defend software patents, if not actively then passively (by refusing to comment on this matter)



  26. Links 9/6/2019: Arrest of Microsoft Peter, Linux 5.2 RC4, Ubuntu Touch Update

    Links for the day



  27. Chapter 8: A Foot in the Door -- How to Train Sympathetic Developers and Infiltrate Other Projects

    How to train sympathetic developers and infiltrate other projects



  28. Chapter 7: Patent War -- Use Low-Quality Patents to Prove That All Software Rips Off Your Company

    Patents in the United States last for 20 years from the time of filing. Prior to 1994, the patent term was 17 years from when the patent was issued.



  29. The Linux Foundation in 2019: Over 100 Million Dollars in Income, But Cannot Maintain Linux.com?

    Today’s Linux Foundation gets about 0.1 billion dollars per year (as explained in our previous post), so why can’t it spend about 0.1% of that money on people who write for and maintain a site that actually promotes GNU/Linux?



  30. Microsoft and Proprietary Software Vendors a Financial Boon for the Linux Foundation, But at What Cost?

    The Linux Foundation is thriving financially, but the sources of income are diversified to the point where the Linux Foundation is actually funded by foes of Linux, defeating the very purpose or direction of such a nonprofit foundation (led by self-serving millionaires who don't use GNU/Linux)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts