Seemingly always on the verge of having its corporate knuckles rapped by the legal system for one reason or another, American software company Microsoft Corp. is now facing yet more courtroom shenanigans in the ongoing ‘Vista Capable’ sticker controversy.
Microsoft loses appeal in legal battle to prevent \'Vista Capable\' class-action lawsuit. Credit: Woolennium/Flickr.
Specifically, the Ninth Circuit Court of Appeals has this week thrown out Microsoft’s appeal against an initial District Court ruling in February that granted class-action status to a lawsuit accusing Microsoft of misleading computer buyers as to the compatibility of their new hardware with the Windows Vista operating system (OS).
“The Ninth Circuit’s decision not to accept our request for interim review is not a ruling on the merits of our case,” commented Microsoft spokesman Jack Evan on the ruling. “We look forward to presenting all of the facts on what the district court itself said is a novel claim.”
The complaint lodged against Microsoft centres on the full validity -- and possible deception -- of the ‘Vista Capable’ stickers attached to retail computer systems, which has been called into question on the grounds that many supposedly capable computers were only able to run the most basic elements of the latest Windows OS.
Tech site Computerworld reports that Redmond-based Microsoft was hoping its appeal would prevent the lawsuit from progressing any further, which would subsequently keep revealing and potentially damaging internal communications regarding the state of Vista capable hardware safely under wraps.
Microsoft has denied the claim that it has misled its customer base. However, it will not be best pleased that said sensitive internal communications are now likely to be aired for all and sundry.
One such communication from Microsoft executive John Kalkman suggests that Intel Corp., the world’s leading chipmaker, pressured Microsoft to apply Vista Capable stickers to systems equipped with inadequate chipsets (unable to run Vista’s much vaunted Aero graphics interface), a move designed to boost quarterly earnings for the California-based microchip manufacturer.
Intel declined to comment on the communications while denying any knowledge of or association with Mr. Kalkman and questioning exactly how he would gain access to Intel’s financial needs and requirements on any given quarter.
Microsoft’s filed appeal with the Ninth Circuit Court of Appeals noted that any continuance of legal action in this particular case might lead to the company being forced to disclose internal e-mails that could seriously damage its ongoing relationships with certain business partners.
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