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E-mails: Microsoft execs raised 'Vista Capable' concerns

At a hearing in federal court in Seattle today, lawyers debated whether the lawsuit over Microsoft's "Windows Vista Capable" stickers should be granted class-action status. As in past legal cases against the company, internal e-mails from Microsoft executives and employees were once again used as evidence to bolster the plaintiffs' case.


Previous posts

April 2, 2007: Microsoft sued over 'Vista Capable' program.

April 12, 2007: Microsoft's top lawyer defends 'Vista Capable' program

Aug. 7, 2007: Judge lets Windows Vista Capable suit proceeds


Quick background, for those just tuning in: The suit, filed last year, alleges that some people bought "Vista Capable" machines thinking they would be able to run all the Windows Vista features that Microsoft was promoting -- such as Aero Glass, Flip3D, and the Media Center interface -- even when their machines were only capable of running the bare-bones Windows Vista Home Basic. Microsoft says that there was plenty of information available to people to distinguish among the different Vista editions.

To bolster their case court today, the plaintiffs' lawyers cited e-mails from Microsoft executives including Windows product management VP Mike Nash and former Windows chief Jim Allchin. The e-mails are under seal, so the full text isn't publicly available. However, P-I reporter Joseph Tartakoff was there to report on the hearing and he took notes as excerpts were read aloud in court. See his full story here.

One employee wrote, "Even a piece of junk will qualify."

Allchin wrote, "We really botched this. ... You guys have to do a better job with our customers."

Nash wrote, "I PERSONALLY got burnt. ... Are we seeing this from a lot of customers? ... I now have a $2,100 e-mail machine."

Microsoft's statement, via spokesman David Bowermaster:

"The emails cited in today's hearing are isolated, and in many instances, outdated and really just snippets of a broad and thorough review that took place during the development of the Windows Vista Capable program. Throughout this review, Microsoft employees raised concerns and addressed issues with the aim of making this program better for our partners and more valuable for consumers. In the end, we believe we achieved both objectives."

U.S. District Judge Marsha Pechman is expected to rule on the class-action status in about 10 days.

Posted by at February 8, 2008 5:38 p.m.
Categories: ,
Comments
#96191

Posted by unregistered user at 2/8/08 7:03 p.m.

Microsoft says: "Throughout this review, Microsoft employees raised concerns and addressed issues with the aim of making this program better for our partners and more valuable for consumers. In the end, we believe we achieved both objectives."

Then why is Microsoft's Nash complaining that he "got burnt" by buying a Vista Capable PC?

#96358

Posted by unregistered user at 2/9/08 9:36 a.m.

The scary part of all this, is that the government can coerce a company to give up their rights to these private emails. That just makes it that much seedier NEXT TIME as companies won't dare put REAL INFORMATION in email form.

#96402

Posted by unregistered user at 2/9/08 12:10 p.m.

In response to post # 96358

The government didn't just coerce a company out of the blue. This was part of a legal hearing. I am sure proper legal procedures were followed to gain access to these emails.

Do you think a company like Microsoft would have given up internal emails without a fight?

#96516

Posted by unregistered user at 2/9/08 5:07 p.m.

#96402... YOU are sure. I feel so much better knowing YOU are convinced.

Vista launched 1 year ago. And the emails obviously were written after that. So, the amount of time it took the government to coerce these out of MSFT was somewhere in the neighborhood of 6 whole months. What a knock-down drag-out fight it must've been... to be over in a scant 6 months.

Our rulers (governement) have too much power. And tiny little details like this story... prove that true time and time again. Bury your head in the sand if you want, but some of us are paying attention.

#97136

Posted by unregistered user at 2/11/08 1:30 a.m.

#96516

You got this right!

"Our rulers (governement) have too much power. And tiny little details like this story... prove that true time and time again. Bury your head in the sand if you want, but some of us are paying attention."

Are they not doing to Americans what they are doing in China? I thought "we the people" ruled America & not "we the government" & that's what makes America great. Sad to see human & Maranda rights slip sliding away, & hope for not change because that's inevitable, but certainty that leadership in Microsoft continues.

In comparing sales of XP to Vista over the same period of the first year in production & what they said is the last, why bother discontinuing an excellent product both in revues by the consumers & possibly of first & proposed last year of sales revenue merely beccause of extra features & disc usage of that "something new".

Accept the fact that new is not always better & continue developing something better for the tech enthusiasts to discover both virtues & flaws, in truth.

Mr Bishop have you done a comparative analisis of the revenues of both XP & Vista that I somehow missed? I am signing the online petition to keep XP available after June!

#97137

Posted by unregistered user at 2/11/08 1:42 a.m.

Are you seriously equating due disclosure in a legal case to government snooping?

#97202

Posted by unregistered user at 2/11/08 10:37 a.m.

"due disclosure"

hire a lawyer to dress up the wording, and all of a sudden its hunky dorey to the masses.

#97280

Posted by 7Null_Seven at 2/11/08 1:58 p.m.

It's called "discovery," and it's what prevents one party to a lawsuit from simply refusing to disclose relevant information. It's been part of American jurisprudence for decades. It's nothing new, and it's not like companies don't know how it works.

1. The act or process of finding or learning something that was previously unknown (after making the discovery, the inventor immediately applied for a patent).
2. Compulsory disclosure, at a party's request, of information that relates to the litigation (the plaintiff filed a motion to compel discovery). The primary discovery devices are interrogatories, depositions, requests for admissions, and requests for production. Although discovery typically comes from parties, courts also allow limited discovery from nonparties.
3. The facts or documents enclosed (the new associate spent all her time reviewing discovery).

Black's Law Dictionary (2004, 8th edition)

#97676

Posted by unregistered user at 2/12/08 1:37 p.m.

"prevents one party to a lawsuit from simply refusing to disclose relevant information."

You mean "prevents one party to a lawsuit from simply refusing to disclose relevant information" THAT THEY OWN. You forget who OWNS the info. That info is as much theirs as the doorknobs and the drywall holding up their headquarters. They should not be compelled to give up any of that property either.

"It's been part of American jurisprudence for decades."

Doesn't make it right, to trample on the property rights of the PRESUMED innocent. You know, there is an awfully long list of things the governement has done "for decades" that aren't in the best interests of its citizens. You just named ONE.

"It's nothing new, and it's not like companies don't know how it works."

Companies living under dictatorships in Europe also knew "how it works", but that doesn't equate to it being in the best interest of the citizens.

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