Microsoft has asked a federal court to stop embarrassing disclosures in a lawsuit that claims Microsoft’s Windows Vista marketing program intentionally misled consumers. U.S. District Court Judge Marsha Pechman granted class-action status to the lawsuit two weeks ago and Microsoft has appealed to the Ninth Circuit Court of Appeals.
The company asked for a stay that would block further disclosure of company e-mails. Last month e-mails surfaced showing Microsoft employees thought the “Vista Capable” marketing program, in which manufacturers could identify their hardware as ready to run Microsoft’s new operating system, was confusing and misleading.
“Even a piece of junk will qualify” under the program, one employee wrote.
In asking for the stay, Microsoft attorney Charles Wright argued that continuing the case before the appeals court’s decision would “cost Microsoft a substantial sum of money for discovery and divert key personnel from full-time tasks”; would intrude on “sensitive pricing decisions and strategies by OEMs, wholesalers and retailers; and would jeopardize Microsoft’s goodwill with class members — all with respect to claims that might not proceed on a class basis at all.”
If the appeals court denies the class action, the additional discovery and the associated costs and bad publicity from the case would all be unnecessary, he argued.
“Plaintiffs’ discovery almost surely will involve intrusion into the most sensitive pricing decisions of the OEMs, wholesalers and retailers who sell the PCs at issue and set their prices,” the motion said. “Continued discovery thus will disrupt Microsoft’s relationships with its business partners, a disruption that will be unnecessary if the Ninth Circuit reverses.”
And as the plaintiffs are allowed to search for consumers to join the class action, Microsoft would be subjected to more bad publicity, Microsoft’s motion said. “The result will be nationwide publicity that impugns the [Windows Vista Capable] program….