Judge puts stop to more 'Vista Capable' insider e-mails

Suspends lawsuit while appeal is considered

The list of 29 individuals and companies that were told to produce documents read like a Who's Who of the Windows economy, and included retailers such as Amazon.com, Best Buy and Wal-Mart Stores; computer makers like Acer America, Dell and Hewlett-Packard; chip-maker Intel; market research firms Gartner and The NDP Group; and Jim Alchin, the former head of Windows development who resigned the day after Vista shipped in January 2007.

Several of these companies filed objections, which Microsoft included in a counter-rebuttal submitted to Pechman two weeks ago, and argued that they should not have to abide by the orders or that the deadlines were too pressing. Some specifically noted that they feared the documents would be released to the public.

Circuit City Stores Inc., for example, called the discovery requests "overbroad, unduly burdensome, oppressive, and harassing," and would disrupt its business. Office Deport Inc., meanwhile said that the demands sought "information and documents not meant for public disclosure and certainly not meant for disclosure to Office Depot's direct competitors," clearly referring to Microsoft being forced to air its laundry in public and to the fact that among the other subpoenaed retailers were Office Max, Fry's, Best Buy, Circuit City, Costco and Wal-Mart.

Amazon.com objected on the grounds that the documents could be obtained from others. "They may be available from the Microsoft in the above-entitled action, or from other third parties (such as OEMs and/or retailers) more readily than from Amazon," its objection read.

It's not known how long the lawsuit may be delayed if the Ninth Circuit rejects Microsoft's appeal, though the US-based developer said last month it expected the decision to accept or reject the appeal to take 90 days. If the court accepts the appeal, the case could be on hold indefinitely. Earlier, Pechman had set an October trial date, but in her stay of last week, she also ditched the schedule.

Join the newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Gregg Keizer

Show Comments

Most Popular Reviews

Latest Articles


PCW Evaluation Team

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

George Khoury

Sharp PN-40TC1 Huddle Board

The biggest perks for me would be that it comes with easy to use and comprehensive programs that make the collaboration process a whole lot more intuitive and organic

David Coyle

Brother PocketJet PJ-773 A4 Portable Thermal Printer

I rate the printer as a 5 out of 5 stars as it has been able to fit seamlessly into my busy and mobile lifestyle.

Kurt Hegetschweiler

Brother PocketJet PJ-773 A4 Portable Thermal Printer

It’s perfect for mobile workers. Just take it out — it’s small enough to sit anywhere — turn it on, load a sheet of paper, and start printing.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?