Ballmer says he’s not Capable of comment on Vista scheme

Microsoft chief Steve Ballmer (pictured) is denying responsibility for the Vista Capable program. That’s the marketing scheme at the heart of an ongoing class action suit from disgruntled customers.

The legal actions started last year when a woman from Camano Island, Washington complained she’d been misled into buying a ‘Vista Capable’ machine which could only cope with the Basic home edition. She argued this wasn’t enough because she didn’t have several features, including the Aero graphics system, which were a key part of early Vista marketing.

Microsoft argues that its marketing clearly distinguished between the different editions of Windows and that only those marked ‘premium ready’ could cope with the full-blown Vista experience. However, Microsoft internal e-mails revealed as part of the case suggest the company was at least aware of the potential confusion.

In February this year, a court approved the case as a class action suit, meaning anyone in a similar situation could add their names to the case rather than have to launch individual legal action.

The official hearing is scheduled for next April. In the meantime, the lawyers representing the customers have attempted to force Microsoft CEO Steve Ballmer to testify, a move which would bring added publicity to the case if nothing else.

However, the court has now revealed that Ballmer will not have to give evidence. It accepted a deposition he made recently saying he can’t tell the court anything of particular legal value:

I was not involved in any of the operational decisions about the Windows Vista Capable program. I was not involved in establishing the requirements computers must satisfy to qualify for the Windows Vista Capable program. I was not involved in formulating any market strategy or any public messaging surrounding the Windows Vista Capable program.

Ballmer said the relevant decisions were down to Jim Allchin and Will Poole, two senior executives in the firm’s Windows division. Both men have since left Microsoft but have still been deposed to appear.

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