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

02.21.10

Microsoft Lawyer: Microsoft “Covers up Alleged Misconduct, Mischaracterizes Evidence [...] Protects the Perpetrators and Retaliates Against Victims.”

Posted in Finance, Fraud, Google, Law, Microsoft, SCO at 11:57 am by Dr. Roy Schestowitz

Misconduct

“…Microsoft wished to promote SCO and its pending lawsuit against IBM and the Linux operating system. But Microsoft did not want to be seen as attacking IBM or Linux.”

Larry Goldfarb, Baystar, key investor in SCO

Summary: Microsoft moves legal department to India and the whistleblowers come out to tell the truth about how Microsoft operates

IN THE previous post we discussed Microsoft’s funding of SCO, which is attacking Linux in the courtroom. Microsoft loves to sue its competitors using “dummy companies” (see the lawsuits against Google for example), which works out pretty well because Microsoft decreased its legal budget by 15%, it fired 450 of its lawyers, and according to the following two news reports, Microsoft will “outsource general legal work to India”.

Microsoft Corp. has entered into an agreement with legal outsourcing provider CPA Global to offshore legal work to lawyers in India.

The technology giant began a pilot scheme with CPA in October and formally rolled it out at the end of 2009. A team of between three and five qualified lawyers at CPA are handling multi-jurisdictional legal support work, including legal research, for Microsoft. The lawyers are based in CPA’s offices in Gurgaon, near New Delhi.

Microsoft has been outsourcing basic intellectual property and patent renewal work to CPA for five years, using a team of around 70 CPA staff. However, the new arrangement for general legal work operates separately.

Also:

Software giant Microsoft will begin outsourcing general legal work to India after signing a deal with legal process outsourcing (LPO) company CPA Global. The news comes as CPA outlined plans to expand its Indian workforce from 600 to 1,000 by the end of 2011, and hinted at opening another outsourcing centre.

Microsoft’s massive layoffs and migration to India is not news. What definitely is news ought to be the following major report from Courthouse News:

Fired Worker Calls Microsoft ‘a Lawless Place’

Calling Microsoft “a lawless place,” a longtime worker claims in a class action that he was fired in retaliation for reporting supervisors’ misconduct. He claims the company “routinely produces and/or condones deficient investigations, covers up alleged misconduct, mischaracterizes evidence, refuses to preserve or provide pertinent facts and data, protects the perpetrators and retaliates against victims.”

Craig Bartholomew worked for Microsoft for 21 years, he says in his complaint in King County Court. He says he was fired after complaining that his supervisors had created a “dysfunctional environment that was harming Microsoft and risking certain of its programs and objectives.”

“Microsoft has twice tried to cover up what really happened, first wrongly claiming his termination was a layoff or RIF. Neither was or is true,” according to the complaint.

According to his complaint: “Microsoft can be a lawless place. Courts have found that its key executives have violated the law and/or sought to circumvent court rulings. Powerful employees, because of their perceived value to the company, has (sic) been protected. Employees who have reported misconduct by senior management have been punished or fired based on trumped-up charges.

It is hard not to recall the i4i trial misconduct which had Microsoft fined $40 million some months ago. This is clearly a company that disregards the law, even today. The new lawyers from India are likely to be more obedient to their masters and thus be less prone to retaliation. The above is not the first whistleblower by the way; putting aside allegation of Microsoft orgies and drug parties [1, 2], there is a long history of Microsoft's abuse of the law. A US government official once said that “the government is not trying to destroy Microsoft, it’s simply seeking to compel Microsoft to obey the law. It’s quite revealing that Mr. Gates equates the two.”

Now, it’s not just legal abuse. Let’s take the Xbox for example. It led Microsoft to getting sued for homophobia [1, 2, 3] (homosexual employees and clients) and a former Xbox employee who was trying to save customers (Xbox 360 put lives at risk). Microsoft ended up retaliating by firing him for saying the truth.

“It is hard not to recall the i4i trial misconduct which had Microsoft fined $40 million some months ago.”Looking at Microsoft’s financial department (we’ve just covered legal and technical), a former Microsoft employee is slamming the company for tax evasion [1, 2, 3, 4, 5, 6, 7, 8, 9] and it is reasonable to suspect more malpractice, especially given the shady past of financial fraud [1, 2] (Charles Pancerzewski from Microsoft’s financial department was paid millions of dollars to shut up about misconduct/fraud after he had produced evidence of it). Another former Microsoft financial executive might be leaving the Seattle area based on this news. Is he following the footsteps of the CFO?

Our reader Chips B. Malroy wrote to us earlier about this comment from Mini-Microsoft (mostly anonymous Microsoft employees) which says: “I don’t know how this is hidden, but fact is that Microsoft earns a lot just moving money across countries, betting on currency fluctuations. A lot of people in Finance are dedicated to this. When you have 60billion to move around, we are not talking about pennies here…”

“So MS might be playing the money game,” argues Malroy, “and getting away with it because they are an international company. This is most likely another way to evade taxes as well… playing the currency markets.” One of our readers has said to us the same thing for a couple of years now. It is too difficult to prove with any certainty because it requires audits. In a later post we will show what Microsoft has just been doing with President Obama.

Speaking of whistleblowers, here is Joe Wilcox sharing yet another confession from former employees of Microsoft. “There were a ton of bozos” is the summary.

Do middling, middle managers run Microsoft? That’s the consensus among the former Microsofties who shared their work stories with me over the last couple months. The new work week starts with another Microsoft Confessional — the fourth in four days — from 13-year company veteran Boris, which isn’t his real name, of course. Boris was smart enough to see the end coming, and he made preparations in the days before his May 2009 layoff. He learned to read middle managers the way a genuine fortune teller might read tea leaves.

“Microsoft Needs More Traitors,” says this new article from BNET:

Most companies dream of having loyal employees and managers. They want people who will follow the company strategy and stick to their jobs. But at Microsoft, a culture of loyalty has turned into slavish devotion to outdated strategy, outmoded thinking, and personal fiefdoms that today threatens to bring the company down.

[...]

Really? Microsoft focused on one narrow example and ignored every other criticism — the VP in charge of Office refused to adapt the product line to tablet computers, poor timing on Web TV and MP3 players, lost share in key product areas, and the steady exit of the company’s smartest employees. Yup, it was ignoring significant criticism because that’s not part of the program. It would just make the people in charge look bad.

Maybe the problem is that many traitors already work at Microsoft. They just don’t realize it.

Over at the Huffington Post, Microsoft’s Jim Allchin is quoted as saying “we were smoked”. It’s one of the Comes vs Microsoft exhibits that include Allchin’s “we are not on a path to win against Linux”, "we feel a huge threat from Linux", and "there’s going to be a patent lawsuit on Linux."

“Government attorneys accuse Microsoft of using its monopoly position to bully, bribe and attempt to collude with others in the industry, while illegally expanding and protecting its Windows franchise.”

The antitrust case: a timeline

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

2 Comments

  1. your_friend said,

    February 21, 2010 at 3:29 pm

    Gravatar

    This is what imploding companies look like. In general, all of the people pointing fingers are right and that’s why the company implodes.

    Microsoft no longer has $60 billion to “move around” it has debt. Pretending to make money off transactions that have larger costs than revenue in order to draw investors is the classic Ponzi scheme. Postal reply coupons are about as good a business as non free software. Everyone is realizing that they have been robbed.

    Roy Schestowitz Reply:

    The problem is that Gates and his gang are creating pyramids elsewhere now:

    http://www.againstmonopoly.org/index.php?perm=593056000000002612

    Having had some direct experience with Myhrvold’s group (and hence my desire to remain anonymous), I suggest the following. “Patent troll” is too simplistic and limiting. Think of IV as a combination mob protection racket + ponzi monetization scheme.

    The goal is build an increasing portfolio of interlocking patents under control through a kind of pyramid scheme. Eventually the principals (Myhrvold, Gates, others) will cash out later. The patents are rarely held directly, instead they are held in an elaborate pyramidal network of LLC’s, LLP’s, etc.

    The mob protection racket is in the form of thier pitch to current patent owners & potential licensees: “we’ve never sued for infringement, but of course a few of our patents have been sold to folks who do sue for nasty damages. Be a shame if anything would happen to your nice business, eh? Why not join us as a licensee AND investor? I’m sure we can make sure no patents of interest to you end up with the nasties.”

    The idea is to get patent-owning firms (particularly multi-patent owners) to agree to sell ownership of the patents to IV, but also to get them simultaneouslyh INVEST in LLP’s that buy more patents. More investors means more $ to buy more patents, which brings more investors, which (especially when leveraged) brings more patents, which, …. until (someday) they have all the patents (of course Myhrvold & Gates are gone by then). All along the way, IV takes substantial mgt fees for managing all these portfolios & LLP’s.

    No, IV isn’t a troll per se. It’s probably worse long-term for the larger economy. Kind of like how some of the worse Wall St creatures haven’t been extorting per se, but when you put together a pyramid of SIV’s levering off each other and buying Mortgage backed securities and then artificial derivatives based off the already derivative securities, all with 1% capital you get something not very healthy for the economy, but enormously profitable for the bank that manages the setup for fees.

    [Comment at 02/18/2010 10:28 AM by Repentant Patent Owner]

What Else is New


  1. The 'Offenses' of EPO Staff Representatives Boil Down to Truth-Telling

    Dutch television examined the documents of the mock 'trials' against SUEPO leaders and concluded that whistle-blowing (i.e. exposing abuses by EPO management), not misconduct, is the reason for overzealous dismissals



  2. Rumours About Dismissal of Benoît Battistelli and New Letter From Union Syndicale Federale Blasting Battistelli's Behaviour

    hings have been heating up since the dismissal of staff representatives at the European Patent Office (EPO) and some even spread rumours about withdrawal/dismissal of the EPO's President



  3. VirnetX Case Against Apple Shows Not the Problem With Patent Trolls But With Software Patents

    What the media really ought to be talking about after the high-profile VirnetX case, rather than obsess about the status of Apple or patent trolls in the Eastern District of Texas



  4. Diápositivas de Nueva Charla Explican la Connección Entre la Corte De Patentes Unitarias (UPC) y Patentes de Software

    Benjamín Henrion habló el pasado Domingo acerca de las patentes de software europeas -una presentación que habla de la Corte Unitaria de Patentes, por la que la OEP aboga sin cesar y que es lo que significa para las patentes de software.



  5. Las Políticas de Microsoft Alienan Incluso a los Hinchas Más Acérrimos de Microsoft, Incluyendo Pro-Microsoft Web Sites

    El agresivo comportamiento de Microsoft y su BAJA CALIDAD DE PRODUCTOS dejan algunos de sus últimos restos de ´hinchas´ descorazonados y molestos.



  6. Links 6/2/2016: CoreOS Rocket 1.0, Scientific Linux 7.2

    Links for the day



  7. Maybe It's Time for Class Action Lawsuits Against Microsoft for Forced Vista 10 'Upgrades', Which Were Definitely No Accident

    The sheer arrogance of Microsoft, which silently changes the operating system on people's computers (without their consent), makes lawsuits imperative, not just a possibility



  8. Readers' Article: A Strange Conspiracy of Silence in the German Media (Part II)

    Željko Topić's allegedly dark background, which includes a suicide, a retreat of potential witnesses, German funds in Topić's private bank account and several more interesting bits



  9. Links 5/2/2016: Wine 1.9.3, Slackware 14.2 Beta 2

    Links for the day



  10. Links 4/2/2016: Red Hat Upgraded, Ubuntu Tablet

    Links for the day



  11. The Siege Continues: Patent Lawyers Want More Patents, Including Software Patents, In Spite of Alice

    Lawyers who make money from patent disputes make rather apparent their aspirations, which include patent saturation even in domains that are patents-exempt



  12. European Patent Office Pretends It's Business as Usual and Prepares New Vanity Pieces

    The PR strategy of the EPO, whose destructive patent strategy continues unabated (for now), latches onto Colombia and strives to manufacture mythology wherein the public, patent examiners and patent applicants are all very happy with the EPO



  13. The 'International' Trade Commission Imposes/Reinforces Software Patents to Establish Another Embargo

    The International [sic] Trade Commission is meddling in competition and allowing a US giant, Cisco in this case, to potentially block rivals (no imports from abroad) using software patents



  14. Readers' Article: A Strange Conspiracy of Silence in the German Media (Part I)

    The views of some of our readers regarding reluctance in the German media to challenge the EPO's violations of German law, probably because Germany benefits from being a host nation of the EPO



  15. Benoît Battistelli's EPO: From Show Trials and Mock Trials to a Self-Aggrandising Propaganda Event Later Today in Rijswijk

    A headsup from a reader regarding today's highly misleading event in Rijswijk (e.g. to mislead the media or seed positive media coverage in the Netherlands) and how it was set up



  16. Caricature of the Day: EPO President

    New caricature about Benoît Battistelli, his bodyguards, and the assault on free speech at the European Patent Office



  17. Company Known as European Patent Office Provides Tips on How to Patent Software in Europe

    The European Patent Office (EPO) uses its attendance at CeBIT, which is a corporate expo, to promote software patents in spite of the European Patent Convention (EPC)



  18. Links 3/2/2016: Dell GNU/Linux Laptop, Wine 1.8.1

    Links for the day



  19. The Most Detailed Explanation (Yet) of What's Wrong With the EPO

    The EPO's insistence that it remains above the law is not only coming under fire by the media but is also being challenged based on people who are familiar with the applicability of law to international organisations



  20. Angry Trolls: Rovi (of Angry Birds Fame) Helps Microsoft's Largest Anti-Linux Patent Troll, Intellectual Ventures (Corrected)

    nce known as a game maker and later made notorious for mass surveillance on gamers, Rovi now liaises with the world's largest patent troll



  21. Patent Invalidation Statistics and Cost of Patent Litigation (Even If Bogus) Show That Patent Scope and Examination Standards a Problem in Europe, Not Just the US

    Far too many bogus patents (patents that should not be granted in the first place) and spurious patent lawsuits that end up in favour of the defendant serve to show the external cost (or externality) when it comes to low-quality patent systems that strive to grant a lot of patents irrespective of merit



  22. Es Oficial: Por Medio de Entrismo, Microsoft Ha Convertido a la Pro-Linux Nokia en un Parásito de Patentes Anti-Linux

    Microsoft ha convertido a Nokia en un troll de patentes que ahora ataca a Linux y Android.



  23. Richard Stallman: Patentes Europeas de Software Regresan con la Corte Unitaria de Patentes (UPC)

    Debates acerca de la UPC estan siendo peleados por profesionales de software (entidades prácticantes) y elementos PARÁSITICOS como los abogados de patentes.



  24. SUEPO (EPO Staff Union) Appears to Have Launched a New and Improved Web Site After Attempts to Crush ('Decapitate') SUEPO

    SUEPO, the largest staff union of the European Patent Office, shows signs of strength rather than signs of weakness amidst attacks on the staff and a lot of media coverage, political interventions, and much more



  25. Links 2/2/2016: Chimpbox Quad Core, UNICEF Supports FOSS

    Links for the day



  26. Münchner Merkur Explains That EPO Staff is Defecting to SUEPO, Even The Council Distrusts Battistelli Now

    Press report from Munich, highlighting the crisis of leadership at the EPO, where the President is increasingly viewed as a villain



  27. Microsoft's Policies Alienate Even Microsoft's Biggest Fans, Including Pro-Microsoft Web Sites

    Microsoft's aggressive behaviour and low-quality products leave even some of its last remaining 'fans' disheartened and upset



  28. Slides of New Talk Which Explains the Connection Between the Unitary Patent (UPC) and Software Patents

    Benjamin Henrion's Sunday talk about European software patents -- a presentation which speaks of the Unitary Patent Court that the EPO lobbies for and what it means to software patents



  29. UEFI is Bricking PCs, Yet Again

    A few remarks about a new defect which is starting to attract media attention this morning, serving to highlight the lesser-discussed dangers of UEFI/EFI



  30. Under Battistelli's Regime the European Patent Office is Rapidly Rotting

    Technical problems, patent maximalism (in a desperate effort to artificially elevate patent-related figures) and other serious issues observed inside the European Patent Office (EPO)


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