Bonum Certa Men Certa

The Microsoft-Gartner Deal (Analysts Cartel Part I)

“Analysts sell out - that’s their business model… But they are very concerned that they never look like they are selling out, so that makes them very prickly to work with.”

--Microsoft, internal document [PDF]



WE HAVE WRITTEN extensively over the past couple of years about the Gartner Group and how it really operates [1, 2, 3].



This post is part of a series that explores antitrust exhibits where Gartner and other analysts are looked at more closely.

We start with Comes vs. Microsoft Exhibit PX09701 (May 2004) [PDF], which contains details about the Gartner deal, along with some figures.

Included in this correspondence, which is added in full at the bottom, we have Gerri Elliott, who worked on changing the law against Free software in education [1, 2] and Bill Veghte (alias billv), who fights against GNU/Linux with EDGI, as we showed yesterday.

Among the recipients we have Susan Hauser, who is now using FUD to market the Microsoft/Novell deal [1, 2].

In this 2004 Microsoft-Gartner deal, worth paying attention is the part where Microsoft says: "I agree that we cannot have them [Gartner] order naked PCs."

To quote with context:

I agree that we cannot have them order naked PCs. That won’t work.

You might decide to have them order the PCs with windows pre-installed and then rebate them back some money or credit for other software.


Here are some numbers (we'll come to this in future parts):

Thanks seems clear, BTW I am carrying about $500K in my budget for next year to pay for this as one of 4 deals mike made that we need to work out of over the next 3 years.


Another tidbit:

The issue is the first concession, the granting of 3,700 Windows XP Professional Upgrade OS Licenses. Gartner is refreshing a portion of their desktops with IBM as the installer/SI. Gartner wants to use the upgrade license on these new Desktops without buying an underlying OS/license from the OEM, which we have never conceded to a customer. Our Windows Upgrade license requires an underlying OS from an OEM. Kevin has tried to position that he has Windows 2000 on the original desktops and wants to transfer the OS. We do not allow transfer of OS.


The correspondence, in full, is below. ⬆




Appendix: Comes vs. Microsoft - exhibit px08592, as text








From: Kevin Johnson Sent: Thursday, May 27, 2004 2:19 PM To: Rick Devenuti; Gerri Elliott; Bill Veghte Cc: Brian Boruff; Susan Hauser; Paul Houghton; Alain Crozier Subject: RE: Kevin Volpe/Gartner

Gerri, you and rick should decide how to handle

I agree that we cannot have them order naked PCs. That won’t work.

You might decide to have them order the PCs with windows pre-installed and then rebate them back some money or credit for other software.

I was not aware of the deal mike made. This is really bad. I hope it is documented somewhere so that it is clear both to us and to the customer what the commitment was.

We do need to honor the spirit of the commitment but be careful in how that is done. Rodrigo can also help out if you need oem advice.

thx




From: Rick Devenuti Sent: Wednesday, May 26, 2004 8:10 PM To: Gerri Elliott; Kevin Johnson; Bill Veghte Cc: Brian Boruff; Susan Hauser; Paul Houghton Subject: RE: Kevin Volpe/Gartner

Thanks seems clear, BTW I am carrying about $500K in my budget for next year to pay for this as one of 4 deals mike made that we need to work out of over the next 3 years.

Do we want to wait for the call, or is one of us on point to get back to him? You want me to do this as Mike’s replacement?




From: Gerri Elliott Sent: Wed 5/26/2004 6:23 PM To: Kevin Johnson; Bill Veghte; Rick Devenuti Cc: Brian Boruff; Susan Hauser; Paul Houghton Subject: FW: Kevin Volpe/Gartner

You may be getting a complaint phone call from Kevin Volpe, CIO of Gartner. Here is the issue. Last November, as part of working an Exchange critsit, Mike Sinneck granted Gartner the following:

o Upgrade of licenses for Windows XP on 3,700 machines o Exchange 2003 CALs for 3,700 machines o $1 Million of MCS Services

NS-CC-RN 000001235850 HIGHLY CONFIDENTIAL

9701 Comes v. Microsoft




o Several Hundred Thousand Dollars of Premier Services o Exchange 2003 Server Licenses o Relinquished the title to hardware/servers to Gartner for them to use to construct a lab

The issue is the first concession, the granting of 3,700 Windows XP Professional Upgrade OS Licenses. Gartner is refreshing a portion of their desktops with IBM as the installer/SI. Gartner wants to use the upgrade license on these new Desktops without buying an underlying OS/license from the OEM, which we have never conceded to a customer. Our Windows Upgrade license requires an underlying OS from an OEM. Kevin has tried to position that he has Windows 2000 on the original desktops and wants to transfer the OS. We do not allow transfer of OS.

Kevin’s position is that this is not what Sinneck told him or the spirit of our agreement. His position is that he understood that he wouldn’t have to pay for the environment and that it should not matter that these are replacement desktops. Kevin believes they are entitled to the ability, to acquire naked PC with no underlying Operating System.

We have been very flexible with this refresh, confirming in an email (attached) that Gartner can purchase a very inexpensive OS, such as Home Edition and use these upgrade rights. IBM is holding very firm with Gartner that shipping naked PCs would violate the OEM agreement with MS.

My position is we need to stay firm on this issue given the extent of our concessions above and the exposure to other customers and OEMs if we concede this point with Gartner. Please let me know if you have a differing view. Thanks all.

Regards,

Gerri

Office: (425) 707-2042

7/14/2005

MS-CC-RN 000001235851 HIGHLY CONFIDENTIAL


Recent Techrights' Posts

Intercontinental Brigading - Part XXXVII - Tasteless, Tactless Time for "Virtue-Signalling" (When Your Actions Are Much Like the GOP's)
Violence by cops isn't a "leftist" thing
United Arab Emirates: GNU/Linux at Over 8%
According to statCounter
As XBox Goes Out of Business Helen Chiang Adds Insult to Injury
XBox sales are worst in 25 years
Intercontinental Brigading - Part XXXIV - Women as Hostages, Even Spouses
First he put his own spouse behind bars by accusing the spouse of what he himself seems guilty of
A Geminispace Tally
That's not the Web, it is an alternative to it
Intercontinental Brigading - Part XXXIII - Shooting the Messenger is a Presidential Tactic
why our ministers are looking for ways to fix the law.
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women
 
Links 04/11/2026: Slop Helps Break Laws and Scam Altman Pretends Chatbots Are Persons
Links for the day
Gemini Links 04/11/2026: Abacus and Spare IT Equipment
Links for the day
Viet Nam and Thailand at High Adoption Levels of GNU/Linux, Other Nations Nearby Are No Exception
Helen Chiang and her colleagues say it's a "clown show" at Microsoft
Richard Stallman on What It's Like to be Threatened by Strangers With Software Patents
We hope that some EPO insiders will take time to listen to this talk
Stealth Layoffs at IBM (PIPs and Bailouts)
string of reports or unverified hearsay
Steven Vaughan-Nichols is Slop
Just look at this
The Register MS is "Hosting a Dinner" for Sponsors
Remember that The Register MS keeps publishing spam about "AI"
Intercontinental Brigading - Part XXXVI - A Potent Microsoft Threat to Administration of Justice Globally (Not Just Fair Elections)
Breaking into machines to cover up one's own crimes
Intercontinental Brigading - Part XXXV - When One Does Not Understand Security (Nor Ever Pursues Security)
One might therefore conclude that Garrett is a proponent of American back doors
Links 04/11/2026: "Democratic Establishment" Wins Big and "Pentagon Sued Over Hegseth’s New “Future of Warfare” Committee Led by Musk"
Links for the day
Andy's Latest Writings About Proton CEO Andy Yen, "JavaScript Required", and Slavery in Technology
Andy (of The Cyber Show) has some new material
Intercontinental Brigading - Part XXXII - Malfunctions Reported in Windows Voting Machines (as Usual)
"There are always problems," Ryan told us
Gemini Links 04/11/2026: GoAccess, Adopting Gopher, and Twisty Passages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 03, 2026
IRC logs for Tuesday, November 03, 2026
Intercontinental Brigading - Part XXXI - Microsoft and Promoters of "Secure Boot" Are to Blame
the important thing is that the dictator and Microsoft can remotely control all computers
Links 03/11/2026: Science Around "Near-Death Experiences" and "Do Animals Grieve?"
Links for the day
Gemini Links 03/11/2026: Guitar, 3D-Printable Electric Spinning Wheel, Against Haven Social, and More
Links for the day
Intel Corporation Down Over 51% in One Month, the US Bailout Didn't Work
Is the slop industry [sic] next?
Microsoft European Development Centre (EDC) Next to be Culled?
No time for that anymore
Intercontinental Brigading - Part XXX - Breaking This Year’s Election Process With Bug Doors in Restricted Boot
Thankfully here in the UK we typically still vote with paper and pencil
Mass Layoffs at SUSE, Over 10% of Staff Gone
Ignore their excuses
When You're a Software Developer and They Tell You That Your Occupation is Dead or Dying in Order to Sell Dysfunctional Offerings Based on Hype (and Plagiarism)
Disbelief is a strength when companies borrow trillions of dollars to sell a dud and construct a pyramid scheme
Links 03/11/2026: Slop-Tied Debt is Becoming a Crisis (Lenders Panic), "Ukrainian Journalists Urge Global Media Not to Look Away From Russian Aggression"
Links for the day
Malaysia Seems to be Exploring Digital Independence With GNU/Linux and More
not too bad
Microsoft Windows is Crashing in Republic of South Korea
Like in Japan, they seem to be shutting the lid on decades of Microsoft-isms
Think Less, Aim for Less (When It Comes to Hardware)
An abundance of hardware being wasted on a pyramid scheme will become a cautionary tale one day
Gemini Links 03/11/2026: Stargazing, Linux-Powered Prism "Ambient Computer", and Abandoning Streaming Disservices
Links for the day
GNU/Linux Made Big Strides in Portugal This Year
Microsoft had many layoffs in Portugal in recent years
GNU/Linux in Argentina Now Measured at 8% "Market Share"
Argentina is known for exporting skilled footballers, not advanced technology, but it has a large population, which we can hope will dump Windows
Microsoft is Borrowing Loads of Money While Telling 60,000 Workers to Take the "Offer" and Leave, Microsoft Wants Bailouts From the Dictator
Vote in elections and also vote with your wallet
Microsoft and Spoilt Food
Some whistleblowers may be needed here
Intercontinental Brigading - Part XXIX - Undermining US Election While Engaging in Lawfare in England (BBC) Against Publishers That Cover Anti-Election Violence
The elephant in the room is back doors in voting machines
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 02, 2026
IRC logs for Monday, November 02, 2026
Links 02/11/2026: Bracing for US Election and New Zealand Has November 7 Election
Links for the day
Gemini Links 02/11/2026: Beginning With Gemini Protocol, Looking for CoCs, and Slop for Local Data
Links for the day
NDA-Compatible PIPs and RAs at IBM Red Hat
We welcome Red Hat whistleblowers who can share with us the NDA/s passed their way
The Tower of Babel
More is not better
When Large American "Tech" Companies Can No Longer Complete Payroll
In spite of several very large waves of Dell layoffs, which the media reported on, it seems like they are still experienceng payroll problems, maybe that's why money is being borrowed
GNU/Linux Rises in African's Largest Population
15% in Nigeria [...] A country with over 200 million people
The Register MS Has Just Published a Fake Article With "AI" 28 Times in the Page (Communist Party of China Entity Paid for That)
In IRC, someone has just pointed out that an article at The Register MS repeats Microsoft's lies about its financial situation
Windows Down to All-Time Low, Says statCounter, While Microsoft Tells 60,000 Workers They're No Longer Necessary
Microsoft must be feeling "salty" right now
A British Uphill Battle to Eliminate Microsoft and Its American Back Doors
There are places of work and homes where GNU/Linux is installed and regularly used, not as a mere hobby but as a hyper-productive, practical tool
Writing for Good
The Web has an abundance of junk
Technical Coverage of US Elections
When elections are done by computers and decided by computers it becomes a tech issue
By Killing the "Linux News Section" in Softpedia (the Most Popular Section, Based on Its Editor) Softpedia Killed Itself
Enjoy Ballmer
Linkspam in "It's FOSS" Today (and It's Not Even FOSS)
free-to-access ad for some dodgy companies and the URLs are 'tampered' for cashback
Links 02/11/2026: Slop Destroying Mathematics and "Democracy is Not on the Ballot" (in US)
Links for the day
Celebrating Photography, Celebrating Life, Celebrating Magnificent Humanity, Not Plagiarism Disservices
Any time we adopt or spread slop imagery we are participating in the problem
Year-Long Celebration Starts on Saturday
This coming Saturday we turn 20
Intercontinental Brigading - Part XXVIII - Microsoft Doesn't Want People to Speak About Microsoft-Controlled Restricted ('Secure') Boot, a Silent Injustice and Back Door/Kill Switch
Can we please stop treating this as normal or acceptable?
On Desktops/Laptops, Clownflare Sees Windows at Under 60% and GNU/Linux at 15% This Past Weekend
Impressive if accurate
Microsoft Lunduke is Slop
Microsoft Lunduke is just trying to stir up hatred
Intercontinental Brigading - Part XXVII - Shooting the Messengers (People Who Oppose Microsoft Back Doors), Even Across the Atlantic
Keep this in mind later this week when a dictator either discredits the voting or covertly tampers with the voting process
Microsoft Wants 60,000 Employees Gone (One Way or Another)
At IBM, 15% of staff got marked as candidates for removal; at Microsoft it's almost 30%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 01, 2026
IRC logs for Sunday, November 01, 2026
Jean-Claude Van Linus
Claude talking?