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

05.20.09

Jonathan Zuck (ACT) Jumps to Defend Intel for Committing Same Crimes as Microsoft

Posted in Fraud, GNU/Linux, Hardware, Microsoft, Red Hat, Servers at 11:03 am by Dr. Roy Schestowitz

ACT Microsoft

Summary: Another up-to-date snapshot of Microsoft lobbyists

THE European Commission demanded that Intel should obey the law and this has serious ramifications for Microsoft, which engages in the same type of business tactics. Bulk discounts and bribery (kickbacks) are illegal, they are a crime. For monopolies in particular it is a very serious abuse that justifies heavy fines, so Microsoft could be next.

Microsoft of course knows all of this and two sources up high have independently told us that Microsoft is nervous at the moment (because of the Intel decision and this record-breaking fine which it entailed). Watch who is coming out to protest the Intel decision. From the Guardian: [thanks to an anonymous reader for the tip]

But the fine drew a sceptical reaction in the US, where critics of the EU questioned whether consumers had truly suffered from Intel’s business practices. Jonathan Zuck, president of the Association for Competitive Technology, said chip prices had dropped by 60% over a decade and processing power which once cost $1 could now be purchased for just a cent.

He works for Microsoft [1, 2, 3, 4, 5, 6, 7, 8] and it’s clear that Intel is no isolated part of it. See for example:

A reader from Seattle has told us about the following two articles from several years ago. It’s about Oracle looking for the truth about Zuck/ACT and the likes of it.

Oracle retained Washington-based Investigative Group International to probe the pro-Microsoft spinners in the antitrust battle. I.G.I. hit pay dirt. Oracle says that in the trash of the Independent Institute–which took out pro-Microsoft ads signed by leading academics–investigators found evidence that Microsoft had given the group more than $200,000. (The Independent Institute insists its positions have been unaffected by any support from Microsoft.)

 

Oracle next turned its sights on the Microsoft-backed Association for Competitive Technology, which in January announced it would file a friend-of-the-court brief on Microsoft’s behalf, using a team of prestigious former government lawyers. Oracle’s Washington team viewed the move as outrageous, given the probability that the brief would be paid for with money from Microsoft itself. In April, Oracle told IGI to look into ACT.

Soon yet another player surfaced: the National Taxpayers Union. It had long been publicly criticizing a suit against Microsoft by state attorneys general as “government-led larceny of Microsoft’s intellectual property.” In mid-May, as the group renewed its attacks on the government, Oracle again suspected the hidden hand of its software foe. Once again, it dispatched IGI, which promptly went trash-hunting. IGI discovered that the National Taxpayers Union had received more than $200,000 from Microsoft. That information surfaced in The Wall Street Journal and the Washington Post in May.

[...]

It was trash-hunting at ACT, however, that ultimately brought Oracle’s entanglement to light. For that, Oracle can thank Robert M. Walters and a conscientious cleaning crew.

In May, Walters, an amiable former journalist who was IGI’s chief anti-Microsoft detective, leased an office near ACT’s Washington offices. He used his own name but identified himself as an official of “Upstream Technologies.”

[...]

Walters also paid $4,445 to lease the office space near ACT using a check drawn on his personal bank account, according to records obtained by the Journal. And he used the telephone in the Upstream office to call his home and his wife at her office. Those calls later were easily traced because they were routed through the building’s computerized phone system. Together, these steps bore the mark of a detective who appeared not particularly worried about covering his true identity. In June of 1999, Washington lobbyists for software giant Oracle Corp. grew dismayed by the skill with which Oracle’s bitterest rival, Microsoft Corp., seemed to be manipulating public opinion. As Microsoft faced the antitrust fight of its life, a group called the Independent Institute bought full-page newspaper ads citing 240 academics who criticized the government’s antitrust attack on Microsoft.

[...]

It wasn’t long before IGI produced results: Internal documents showing that Microsoft had paid Independent Institute, based in Oakland, Calif., $153,000. Independent Institute President David Theroux suspects that information was stolen. People familiar with the operation, however, intimate that it was obtained by rifling through trash, a practice that isn’t illegal. IGI Chairman Terry Lenzner said Wednesday that his firm “abides by a rigorous code of ethics and conducts all of its investigations in a lawful manner,” and that its work for Oracle “was conducted in strict accordance with these standards.”

Follow the money, follow the trash cans. It all becomes clear sooner or later. Here is something a lot newer from last week:

Carlyle Groups Settles in ‘Pay to Play’ Scandal Probe

The Carlyle Group, a giant Wall Street firm best known for its ties to former President George H.W. Bush and other prominent public officials, made more than $13 million in payments to a indicted political fixer who arranged for the firm to receive business from a New York pension fund, New York attorney general Andrew Cuomo said today.

Cuomo said Carlyle had agreed to $20 million to “resolve its role” in the ongoing corruption investigation and agreed to a new code of conduct that prohibits the use of such middlemen.

We already wrote about the Carlyle Group in relation to SCO and Microsoft. Micheal from the OSI (to put things in perspective, he works for Red Hat) has meanwhile written about Microsoft antitrust as well. He did so under his OSI hat:

As many of you know, I was a witness in the Microsoft antitrust remedy trial of 2001, and one of the specific abuses to which I testified was my sense that Microsoft threatened Red Hat’s OEM partners, causing Dell to abruptly cancel a major Linux-based initiative only months after it had started.

In that trial, Judge Kollar-Kotelly specifically struck the part of my testimony describing Microsoft’s actions toward Dell as “retaliatory”. Unfortunately the evidence of Comes v. Microsoft had not yet been developed, where it was demonstrated that Microsoft specifically said “we should whack [Dell]” and “we [should] be quite prescriptive in our investments with Dell relative to the competitive threats we see with Linux”. Thus, while the evidence in the courtroom the day I testified may not have fully supported the statements I made, contemporaneous facts developed in others cases showed positively that Microsoft continued to abuse their monopoly power in ways that Microsoft denied that day.

Here are the full details. Microsoft’s fight against Red Hat in this case is a little similar to the tactics used by Intel to keep AMD out of the shops. Will Microsoft too be fined over a billion dollars based on some similar counts? Will Red Hat be compensated? It would probably be a trivial case to initiate, even at a civil level.

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

A Single Comment

  1. Karsten said,

    May 25, 2009 at 8:34 am

    Gravatar

    I wanna see Zuck jumping

What Else is New


  1. Patent Extremism: Stacking the Panels, the Surveys, the Hearings, the Debates

    Projection tactics would have the public believe that those who oppose corruption are simply radicals; patent polarity has come to the point where if one isn't a "true believer" in blackmail (patent trolls) or opposes bribery, then one is simply a "fringe" and akin to terrorists



  2. Links 24/6/2019: Linux 5.2 RC6, Skrooge 2.20.0, ZFS vs. OpenZFS

    Links for the day



  3. The EPO Needs a President Who Obeys the Law, Not One Who Obeys Battistelli

    Succession based on nepotism at Europe's second-largest institution served to shown how inherently broken things had become and why cover-up of injustices is nowadays paramount (not fixing the flaws/ills but merely perpetuating them)



  4. With Water (Treatment) Already Patented It Won't Take Long for Patents (and Patent Royalties) on Air

    A 'paper economy' is what Europe turns into if the current trajectory is followed (led by lawyers, not producers)



  5. Bill Gates Said He Was on a “Jihad” Against GNU/Linux, But GNU/Linux Users/Developers Engaged in Self-Defense Are Foul-Mouthed 'Microsoft Haters'?

    Microsoft, which routinely commits very serious crimes, tries to come across as some sort of philanthropy whereas those who share their work with the public (for greater good) are described as erratic, rude and unworthy of respect from corporations (outcasts basically, deprived of income source)



  6. What Patents the EPO Has Just Awarded (With a Special Reward), Not Just Granted

    The EPO's practice of elevating some patents over the other patents (European Patents) is perhaps more of a societal liability than the EPO cares to realise



  7. Required Reading: Mental State of Team Battistelli/Campinos

    On the heels of yesterday's article about Team Battistelli/Campinos, here are some recommended/required papers on the problem which likely plagues the Office



  8. Links 23/6/2019: Wine 4.11, FreeBSD 11.3 RC2

    Links for the day



  9. Microsoft Apparently Did a Patrick Durusau on Wim Coekaerts to Broaden Its Control Over GNU/Linux

    Microsoft tactics for defection and takeover of the competition (without coming across as hostile) aren't new tactics; internal documents from Microsoft explain how to achieve this



  10. EPO Directors Would be Wise to Rebel Against Team Campinos While They Still Have the Job

    As the EPO continues its bold journey towards dictatorship (where presidencies are passed between friends and ‘circles’ are former colleagues or close confidants) Techrights urges those who have power to speak out — e.g. EPO judges and Directors — to do something before it’s too late



  11. American Front Group Open Invention Network (Riding the Linux Brand) is a Proponent of Software Patents in Europe

    The impact of American multinationals in Europe is difficult to deny; in fact, we're observing the same old lobbying/lobbies still working hard albeit more covertly (typically using front groups)



  12. Say 'Hey Hi' to Software Patents

    Using the “AI” (“HEY HI”) hype the ‘community’ of patent maximalists hopes that every little (and possibly very old) algorithm will suddenly sound amazing and innovative — to the point where it becomes unthinkable to deny a patent monopoly on it



  13. A Personal Note From Ted MacReilly (How Microsoft Works Against GNU/Linux)

    A tongue-in-cheek write-up highlighting the ways Microsoft insiders think and how they strategise against GNU/Linux and Free/libre software



  14. The Linux Foundation's New Vice Chair, Wim Coekaerts, Worked for Microsoft

    The Linux Foundation is boosting the Microsoft boosters and calls that "community"



  15. Links 21/6/2019: GNOME 3.33.3, 32-Bit Support Further Neglected, DragonFlyBSD 5.6.1 Released

    Links for the day



  16. Leaked: Harassment of EPO Directors by Team Campinos

    “New BIT organisation and staff changes,” a novel kind of newspeak, means that Directors are being severely punished without due process at all (“hidden disciplinary measure without disciplinary proceedings”)



  17. Patent Professionals in Europe Have Devolved Into a Marketing Industry

    Lies, buzzwords and hype waves is all that the patent bubble in Europe boils down to these days; loads of bogus patents get granted only for European judges to smack these down (if one can afford the court battle)



  18. Almost Six Months After Iancu Said He Would Make Software Patents Great Again Nothing Has Actually Changed

    We're just a fortnight away from the ludicrous plan of Iancu celebrating 6 months (without accomplishing anything)



  19. Links 20/6/2019: Kubernetes 1.15, Alpine 3.10.0 and Librem 5 June Software Update

    Links for the day



  20. Ignore the EPO's Dumb Festival and Focus on the Abuses Against the Workforce and Its Quality of Work

    Don’t lose sight of the appalling behaviour of the management of the EPO; the last thing it wants is press coverage about its gross abuses and corruption — an aspect it spent literally millions of euros to bury (gaming the news cycle)



  21. Microsoft Attempting to Destroy the Careers of Its Critics, Including Free Software Proponents

    Microsoft isn't changing and has not changed; the tactics described above are still being used, even by its "Open Source" (or "Open at Microsoft") people, who did this to me



  22. Links 19/6/2019: Linux Mint Vs Vista 10, Qt 5.13 Released

    Links for the day



  23. The Linux Foundation's Business Model

    The Linux Foundation's plan, illustrated



  24. Links 18/6/2019: i386 Abandoned by Canonical and a New osquery 'Community'

    Links for the day



  25. Indifference or Even Hostility Towards Patent Quality Results in Grave Injustice

    The patent extravaganza in Europe harms small businesses the most (they complain about it), but administrative staff at patent offices only cares about the views of prolific applicants rather than the interests of citizens in respective countries



  26. Links 18/6/2019: CentOS 8 Coming Soon, DragonFly BSD 5.6 Released

    Links for the day



  27. 'AI Taskforce' is Actually a Taskforce for Software Patents

    The mainstream media has been calling just about everything "HEY HI!" (AI), but what it typically refers to is a family of old algorithms being applied in possibly new areas; patent maximalists in eastern Asia and the West hope that this mainstream media's obsession can be leveraged to justify new kinds of patents on code



  28. Patent Maximalism is Dead in the United States

    Last-ditch efforts, or a desperate final attempt to water down 35 U.S.C. § 101, isn't succeeding; stacked panels are seen for what they really are and 35 U.S.C. § 101 isn't expected to change



  29. Links 18/6/2019: Linux 5.2 RC5 and OpenMandriva Lx 4

    Links for the day



  30. Weaponising Russophobia Against One's Critics

    Response to smears and various whispering campaigns whose sole purpose is to deplete the support base for particular causes and people; these sorts of things have gotten out of control in recent years


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