EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

01.17.09

The Microsoft-Gartner Deal (Analysts Cartel Part I)

Posted in Antitrust, Deception, FUD, Microsoft at 11:00 am by Dr. Roy Schestowitz

“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


Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Confirmation: System1/Startpage Offered Pay to People Who Pushed for (Re)Listing in Privacy Directories

    The debate is now settled; those arguing in favour of listing Startpage as privacy-respecting are in fact secretly 'compensated' by Startpage (in other words, they're Startpage 'shills')



  2. Vandana Shiva: “Bill Gates is Continuing the Work of Monsanto”

    A recent interview on what Bill Gates is really up to in that sham ‘charity’ of his



  3. IRC Proceedings: Wednesday, January 22, 2020

    IRC logs for Wednesday, January 22, 2020



  4. Extending Linux With DRM, Azure and exFAT

    An insufficiently 'conservative' Linux ceases to be freedom-respecting



  5. Linux Foundation (LF) Now Dominated by Lots of Microsoft People and LF Chiefs Join Microsoft in Smearing GPL/Copyleft

    We continue to see additional evidence which serves towards reinforcing our view that the so-called 'Linux' Foundation is actually hostile towards many things that are associated with Linux (unlike those looking to exploit/hijack Linux for proprietary ends)



  6. Links 22/1/2020: Wayland 1.18 Alpha, ODF 1.3 Approved

    Links for the day



  7. IRC Proceedings: Tuesday, January 21, 2020

    IRC logs for Tuesday, January 21, 2020



  8. Poor Excuses for Granting Poor (and Often Illegal/Invalid) Patents

    A quick look at some of the latest examples of software patents advocacy (not by actual software professionals, obviously) and why it's deeply misguided (or guided solely by greedy law firms)



  9. A Simple Plan For a Universal Free Software Community

    "For software to be free as in freedom, we need more people to care personally about software freedom."



  10. Links 21/1/2020: Wine 5.0 and Red Hat Enterprise Linux 8.2 Beta

    Links for the day



  11. Startpage/System1 Almost Definitely Pay for People to Lie About Their Surveillance

    A longterm investigation suggests that there are forces in the debate that aren't objective and are being super evasive and dodgy; this typically happens only when somebody has much to hide



  12. The Internet is an Appalling Medium for News and It Has Only Gotten Worse

    Something ought to change in the way people gather and assess news; at the moment — as proper journalism runs out of steam (and budget) — things only deteriorate and quality suffers; this rapidly exacerbates as people come to rely on — and then relay — hearsay, not fact-checked bodies of work



  13. Media Reactions to the EPO Coming to Grips With Fake Patents That It Granted (Spoiler: the Media is Controlled by Lawyers of Monopolists and EPO Partners)

    Appalling quality of reporting and truly awful bias in the media, primarily owing to the fact that it is dominated/manned not by actual reporters but the firms looking to patent life itself; they use their lawyers and operatives who are literally funded by these lawyers (wearing "journalist" badges to mislead)



  14. Links 21/1/2020: EarlyOOM Fedora Decision and AMD Zen 3 Microcode

    Links for the day



  15. IRC Proceedings: Monday, January 20, 2020

    IRC logs for Monday, January 20, 2020



  16. Links 20/1/2020: MNT Reform, Linux 5.5 RC7, KMyMoney 5.0.8

    Links for the day



  17. Mansion of Pedophilia – Addendum: Accessing and Assessing Court Documents

    How anyone out there can do the job the media failed to do (after an apparently unprecedented arrest at the home of Bill Gates)



  18. Mansion of Pedophilia – Addendum: Progress on Police Request

    9 updates from the police department of Seattle but still nothing material/concrete, only promises and major delays



  19. IRC Proceedings: Sunday, January 19, 2020

    IRC logs for Sunday, January 19, 2020



  20. Mansion of Pedophilia – Part VIII: More Than 4 Months of Waiting for Police Department to Send Over the Files They Claim to Have an Issue Opening

    The police department (PD) of Seattle is unable to open its own files about arrest for pedophilia at Bill Gates' home; it has been unable to open these files for several months, it claims...



  21. Starting a GNU Replacement for GitHub, Possibly Based on GitLab

    "It might be easier if we start from the GitLab software," Stallman said



  22. European Commission Pushes for Even Greater Patent Maximalism Instead of Rationality, Patent Zealots' Site Cherry-Picks China as Whipping Boy

    Fear of China is being leveraged to promote an agenda of patent maximalists; the general idea they promote is that granting millions of low-quality patents is the only way to compete, even if in reality that merely handicaps the whole market



  23. CRISPR Patents Disallowed, But Where Are the Journalists?

    The narrative surrounding last week's decision against CRISPR patents may have been virtually monopolised by the litigation think tanks and law firms; it certainly feels like no journalism is left to rebut them, fact-check, and introspect



  24. Links 19/1/2020: Wine 5.0 RC6, Alpine 3.11.3

    Links for the day



  25. Judges Reject EPO Patents on Life as Constitutional Complaints Against the EPO Pile Up in Germany

    EPO judges throw out patents on life (CRISPR at least); there's now growing hope that they'll have the courage to do the same to patents on software



  26. IRC Proceedings: Saturday, January 18, 2020

    IRC logs for Saturday, January 18, 2020



  27. StartPage (System1) Found New Spin Allies. Some Have Been Offered StartPage Jobs. Some Might Already be Working for StartPage in Secret.

    Pro-StartPage voices appear to be paid (or have been promised pay) by StartPage; the key strategy of StartPage seems to be, attack and betray people's privacy while paying people in particular positions to pretend otherwise



  28. IRC Proceedings: Friday, January 17, 2020

    IRC logs for Friday, January 17, 2020



  29. Links 18/1/2020: Mir 1.7 and GNU Guile 3.0.0

    Links for the day



  30. IRC Proceedings: Thursday, January 16, 2020

    IRC logs for Thursday, January 16, 2020


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts