Microsoft Loses Appeal Of “Vista Capable” Lawsuit

Let the embarrassing e-mails flow again! This article from ComputerWorld lets the world know that the US Ninth Circuit Court has shot Microsoft’s appeal out of the sky. According to the article, one of the things that Microsoft argued was:

“In papers filed last month, Microsoft petitioned the Ninth Circuit Court to hear its challenge and asked Pechman to suspend the class-action case while the appeal was heard by the higher court. The company argued that continuing the lawsuit might mean new disclosures of insider e-mails, which could “jeopardize Microsoft’s goodwill” and “disrupt Microsoft’s relationships with its business partners.”

Hmmmm…. I think they mean e-mails like this one, this one, and oh yeah this one too. The appeals court bought that argument and listened to the appeal, but in the end didn’t see things Microsoft’s way. So it’s time to go on with the discovery phase with the trial, which means more embarrassing e-mails for you to read.

At this point Microsoft should really just fold up their tent, settle out of court, and move on. That’s what most rational companies would do given what has already happened. But of course they won’t. Steve Ballmer and company are hell bent to make Vista the dominant desktop OS come hell or high water. This despite the fact Vista sucks has had some teething pains to say the least. So they’ll fight this to the end and I honestly think they’ll not only lose the case, but a lot of credibility along with it.

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