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

06.09.09

Important Precedence: IBM Threatens to Sue Microsoft Over Propaganda Site

Posted in Deception, FUD, GNU/Linux, IBM, Microsoft, Windows at 4:18 am by Dr. Roy Schestowitz

“Microsoft did sponsor the benchmark testing and the NT server was better tuned than the Linux one. Having said that, I must say that I still trust the Windows NT server would have outperformed the Linux one.”

Windows platform manager, Microsoft South Africa
Reference: Outrage at Microsoft’s independent, yet sponsored NT 4.0/Linux research

Summary: Another manufactured ‘benchmark’ from Microsoft gets the wrath of rivals

ABOUT A month ago, 18 companies sued the Swiss government for dealing with Microsoft behind closed doors and signing expensive (probably overpriced) deals by completely excluding competition [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. This set an important legal precedence and IBM may be setting another one right now. Sadly, as far as the news is concerned, this story is only covered by a Microsoft spinner from Ziff Davis (they work with Microsoft [1, 2, 3, 4]). The author does not even bother giving voice to anyone from IBM’s side, so it’s virtually ghostwritten by Microsoft employees. The gist of the story is this:

IBM lawyers have contacted Microsoft about the “Who Knew?” site, which claims that customers will save money and get better performance by running WebSphere on Windows Server 2008, instead of on IBM operating systems.

The dispute here must be over deliberate deception. Microsoft has never any qualms about misrepresentation of facts and faking of benchmarks. See quote at the very top. “Get the Facts”, “Linux Personas”, "It's better with Windows", “[Vendor] recommends Vista” and other paid-for messages (advertisements) are disguised as “facts” or endorsements, so this is not acceptable. GNU/Linux is not the only victim .

“Microsoft has never any qualms about misrepresentation of facts and faking of benchmarks.”Let’s take VMware for example. It was a long time ago that Microsoft commissioned the Yankee Group to attack VMware’s business [1, 2]. Yankee consequently pulled the report (VMware did not accept this libelous attack), but Microsoft still hosted its copies of the propaganda it had paid for. Microsoft later proceeded to creating anti-VMware Web site/s. In a similar vain, Microsoft is using ACT to create pro-software patents Web sites in Europe.

When will this end and why does Microsoft still wonder if circles in IT distrust it, to say the very least?

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

4 Comments

  1. Jose_X said,

    June 9, 2009 at 9:31 am

    Gravatar

    Bait and Switch
    *****

    Here is a simple recipe.

    Keep in mind this is a hypothetical exercise.

    We have two pieces of hardware: A (ours) and B (theirs).

    We have the corresponding platform software: for A (our platform sw) and for B (their platform sw).

    We have the product being tested on each (in this case, it’s their server software).

    The first step is to make sure we find an A so that it outperforms their B hardware. This is easy to do unless B is the fastest supercomputer on record. It isn’t, obviously, so we can definitely find an A that beats whatever B is. [Eg, a 4gighz x86 beats a 1gighz x86 from the same vendor.]

    Each platform software performs about the same as the other under ordinary circumstances (or maybe ours is a bit worse). This means we will optimize extra for the occasion. This is easy to do by removing security and other tests. We can keep special task/process related memory objects around preinitialized in anticipation. We can simplify and speed up our scheduling. We can give the special process high priority to the CPU and to the filesystem (bypassing security checks, etc). We put everything else, including the GUI, into slow low priority mode. We turn kernel dynamic lists into static lists. Etc. Really, it is possible to optimize well for the occasion if we know the system will only be used for a specific purpose (to win in some benchmark). Also, the platform software we chose for their side is their generic platform software if possible (eg, their regular platform software not optimized for this benchmark).

    So that is how we easily got the improved performance.

    However, we need to control further context in order to pull off the coop. What about the price, right? After all, a supercomputer outperforms a pocket calculator, but people don’t buy supercomputers to compute tax at the restaurant. The context in this case is that the supercomputer is a LOT MORE expensive. We need to get the price of our “supercomputer” down to a competitive level.

    Here is how we carry out this step. We work with the hardware partner. They develop an exclusive model that they will price near cost. We also give away our platform software at near cost (it’s a “special configuration” remember). Voila! We got our costs down because we and our partner have no intention to actually sell many of these models to actual customers.

    So we kick their buttocks, and customers flock to our product.

    Then…

    The hardware model runs out quickly and a very slightly differently named/numbered hardware model is put in its place at a higher price.

    Also, our platform software is changed back to normal, except that now, it actually doesn’t run their server software all that well in comparison to our own server software that competes with theirs (but which was not tested in the benchmark). It’s extremely easy to change platform software bits around so that one app that was favored is no longer favored and is actually handicapped. It’s also very difficult to catch this if third parties don’t have the source code. Also, for subtlety, this change in the platform can be achieved later on through one or more automatic online updates/patches.

    Of course, the price of the platform software also goes up eventually, if not initially. Maybe its price goes up at the one year renewal or else when they exceed an artificially low user count. Or perhaps the price is raised transparently through the bundled software/service package “deal” the customer actually ended up buying. There are many ways to guide them into these higher priced options.

    Profit.

    Recap: We found better hardware, tweaked only our platform software to game the benchmark, and artificially lowered the price on this model in order to win the benchmark price comparison test. Then we switched this system with a regular one, threw in some more items, and modified the platform software (over time) to disfavor their application that we favored for the benchmark. Through this bait and switch we won the contract, and later by controlling the platform software, we disgraced their product to upsell our product in its place. We had the slightly worse software perhaps yet won and pulled in much more money than what they were advertising as their price tag. A full sleigh of hand.

    This is dirty, absolutely. It’s deceptive. It’s anti-consumer and anti-competitive. It likely leverages monopolies later on in the upsell. It is perfectly within Microsoft’s capabilities to pull off. It would be consistent with Microsoft’s past behavior.

    Keep in mind, however, that this was only a hypothetical exercise.

    Roy Schestowitz Reply:

    Thanks, Jose. That is a very clear explanation. I hope the quote prepended to this post helps in establishing precedence that supports the conviction.

  2. Motoko-chan said,

    June 9, 2009 at 3:25 pm

    Gravatar

    I’m not really surprised. Microsoft has run some really unbalanced “benchmarks” in the past, then hid their test configurations in the fine print of their ads.

    One particular one that comes to my mind was from back in 2005 with Microsoft claiming their SQL Server was faster than Oracle 9i. The Windows machine ran four dual-core Opteron processors (eight cores) at 2.2 gHz and the Oracle machine ran four Itanium 2 processors (four cores) at 1.5 gHz.

    Hm, I wonder why Microsoft’s software was able to be twice as fast?

    Roy Schestowitz Reply:

    Can you find a link about this? Did Oracle take action?

    Oracle did an investigation of ACT.

What Else is New


  1. Patents Roundup: Bad Quality (USPTO), Bad Analysis (India), Bad Microsoft, Bad Actors (Trolls), Bad Scope (Software Patents), and the Ugly

    A mishmash of news about patents, mostly regarding the United States, and what can be deduced at the moment



  2. Links 26/6/2016: IceCat 38.8.0, Wine 1.9.13

    Links for the day



  3. With UPC Dead for Battistelli's Entire Remaining Term, No Reason for the EPO or the Administrative Council to Keep Battistelli Around

    Thoughts about what happens to the EPO's leadership after 'Brexit' (British exit from the EU), which severely undermines Battistelli's biggest project that he habitually used to justify his incredible abuses



  4. Links 24/6/2016: Xen Project 4.7, Cinnamon 3.0.6

    Links for the day



  5. Benoît Battistelli Should Resign in Light of New Leak of Decision in His Vendetta Against Truth-Telling Judge (Updated)

    Benoît Battistelli continues to break the EPO's own rules, not just national laws, as a new decision helps reveal



  6. Fake Patents on Software From Fake Australian 'Inventor' of Bitcoin and the Globally-Contagious Nature of EPO Patent Scope

    News from Australia regarding software patents that should not be granted and how patent lawyers from Australia rely on European patent law (EPO and UK-IPO) for guidance on patent scope



  7. Patent Lawyers Love (and Amplify) Halo and Enfish, Omit or Dismiss Cuozzo and Alice

    By misinterpreting the current situation with respect to software patents and misusing terms like "innovation" patent lawyers and others in the patent microcosm hope to convince the public (or potential clients) that nothing in effect has changed and software patents are all fine and dandy



  8. Looks Increasingly Plausible That Battistelli is Covering up Bogus and/or Illegally-Obtained 'Evidence' From the EPO's Investigative Unit

    Why we believe that Benoît Battistelli is growingly desperate to hide evidence of rogue evidence-collecting operations which eventually landed himself -- not the accused -- in a catastrophic situation that can force his resignation



  9. As Decision on the UK's EU Status Looms, EPO Deep in a Crisis of Patent Quality

    Chaotic situation at the EPO and potential changes in the UK cause a great deal of debate about the UPC, which threatens to put the whole or Europe at the mercy of patent trolls from abroad



  10. Another Demonstration by European Patent Office (EPO) Staff on Same Day as Administrative Council's Meeting

    SUEPO (staff union of the EPO) continues to organise staff actions against extraordinary injustice by Benoît Battistelli and his flunkies whom he gave top positions at the EPO



  11. Links 23/6/2016: Red Hat Results, Randa Stories

    Links for the day



  12. Interview With FOSSForce/All Things Free Tech

    New interview with Robin "Roblimo" Miller on behalf of FOSSForce



  13. Links 22/6/2016: PulseAudio 9.0, GNOME 3.21.3 Released

    Links for the day



  14. IP Europe's UPC Lobbying and the EPO Connection

    The loose but seemingly ever-growing connections between AstroTurfing groups like IP Europe (pretending to represent SMEs) and EPO staff which is lobbying-centric



  15. EPO “Recruitment of Brits is Down by 80%”

    Letter says that “recruitment of Brits is down by 80%” and "the EPO lost 7% of UK staff in one year"



  16. The Conspiracy of Patent Lawyers for UPC and Battistelli's Role in Preparing by Firing People

    The parasitic firms that lobby for the UPC and actually create it -- firms like those that pass money to Battistelli's EPO -- are doing exactly the opposite of what Europe needs



  17. Patent Lawyers, Having Lost Much of the Battle for Software Patents in the US, Resort to Harmful Measures and Spin

    A quick glance at how patent lawyers and their lobbyists/advocates have reacted to the latest decision from the US Supreme Court (Justice Breyer)



  18. Links 21/6/2016: Fedora 24 and Point Linux MATE 3.2 Officially Released

    Links for the day



  19. Supreme Court on Cuozzo v Lee Another Major Loss for Software Patents in the United States

    Much-anticipated decision on the Cuozzo v Lee case (at the highest possible level) serves to defend the appeal boards which are eliminating software patents by the thousands



  20. As Alice Turns Two, Bilski Blog Says 36,000 (Software) Patent Applications Have Been Rejected Thanks to It

    A look back at the legacy of Alice v CLS Bank and how it contributed to the demise of software patents in the United States, the birthplace of software patents



  21. EPO Self-Censorship by IP Kat or Just Censorship of Opinions That IP Kat Does Not Share/Accept (Updated)

    ree speech when it's needed the most (EPO scandals) needs to be respected; or why IP Kat shoots itself in the foot and helps the EPO's management by 'sanitising' comments



  22. Caricature: Bygmalion Patent Office

    The latest cartoon regarding Battistelli's European Patent Office



  23. Links 21/6/2016: GNU/Linux in China's HPC, Linux 4.7 RC4

    Links for the day



  24. Under Battistelli's Regime the EPO is a Lawless, Dark Place

    How the EPO's Investigative Unit (IU) and Control Risks Group (CRG), which is connected to the Stasi through Desa, made the EPO virtually indistinguishable from East Germany (coat of arms/emblem above)



  25. New Paper Demonstrates That Unitary Patent (UPC) is Little More Than a Conspiracy of Patent 'Professionals' and Their Self Interest

    Dr. Ingve Björn Stjerna's latest paper explains that the UPC “expert teams” are in fact not experts but people who are using the UPC as a Trojan horse by which to promote their business interests and corporate objectives



  26. Money Flying to Private Companies Without Tenders at Battistelli's EPO (by the Tens of Millions!)

    Extravagant and cushy contracts to the tune of tens of millions of Euros are being issued without public scrutiny and without opportunities to competition (few corporations easily score cushy EPO contracts while illusion of tendering persists -- for small jobs only)



  27. Patent Examiners and Insiders Acknowledge Profound Demise in Patent Quality Under Battistelli

    By lowering the quality of patents granted by the European Patent Office Battistelli hopes to create an illusion of success, where success is not measured properly and is assessed by biased firms which he finances



  28. Jericho Systems Threatens Alice, Court of Appeals for the Federal Circuit Threatens the Patent Trial and Appeal (PTAB)

    A look at the two latest threats to those who helped put an end to a lot of (if not most) software patents in the US



  29. How the Halo Electronics Case Helps Patent Trolls and How Publications Funded by Patent Trolls (IAM for Instance) Covered This

    A Supreme Court ruling on patents, its implications for software patent trolls, and how media that is promoting software patents and patent trolls covered it



  30. Patent Lawyers' Fantasy Land Where Software Patents Are Suddenly Resurrected Even When They're Not

    A quick glance at where the debate over software patents in the United States stands and how profiteers (such as patent lawyers) not only mislead the public but also bully the messengers


CoPilotCo

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

CoPilotCo

Recent Posts