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

07.27.10

Antitrust Attacks on IBM Carried Out by Microsoft and its “Satellite Proxies,” According to IBM

Posted in Antitrust, Europe, GNU/Linux, IBM, Microsoft, SCO at 3:23 am by Dr. Roy Schestowitz

Satellite dish

Summary: IBM names Microsoft as a source of the complaints (or at least their financier) which target GNU/Linux-powered mainframes

GNU/Linux has several people who may sometimes seem like its friends when obviously they are not. For starters there’s Florian Müller and there are others like Bill Beebe, who sometimes act as apologists for SCO and even this week show some disregard for GNU/Linux (Beebe does not use GNU/Linux and neither does Müller by all indications).

As we pointed out yesterday, Müller is again taking shots at IBM (mass-mailing journalists and posting in several places). He is still doing this today, even minutes ago. He is like a true lobbyist and he helps Microsoft’s agenda, whether he acknowledges it or not. Earlier this month it was Kevin McBride who also helped Microsoft’s agenda by boosting SCO's case. SCO is like Microsoft's patent troll, but this one uses copyright allegations and sues IBM using Microsoft funds. Groklaw responds to ZDNet’s poor reporting by emphasising: “Kevin isn’t SCO now. His brother isn’t either.”

“What strikes me is that the price in June was going up until June 10, when Stewart ruled for Novell (look at the activity for *that* day), and then it dropped back to 0.04 the next day, and that was the highest until July 9, when Kevin McBride posted claims about Linux.”
      –Pamela Jones, Groklaw
Darl was of course sacked. Steven J. Vaughan-Nichols (SJVN) made a mistake similar to that of ZDNet and Groklaw corrects him by stressing that “this isn’t SCO talking, in that the brothers McBride are no longer associated with SCO, unless SCO’s current leadership wishes to take credit for this event.”

Separately, Groklaw points out that SCO’s stock rose as a result of this McBride action. “I find this mezmerizing,” says Pamela Jones, “this chart of SCO’s daily share price. What strikes me is that the price in June was going up until June 10, when Stewart ruled for Novell (look at the activity for *that* day), and then it dropped back to 0.04 the next day, and that was the highest until July 9, when Kevin McBride posted claims about Linux. Then you see the price go up to a high today of 0.10. Coincidence?”

Later on Groklaw wrote about the TurboHercules case, noting: “First SCO and now TurboHercules. See a pattern, anyone? I certainly do. Microsoft and its “satellite proxies”. Someone needs to investigate that as an antitrust violation, in my view, using litigation and regulatory process to harm a competitor.”

The term “satellite proxies” is an exact quote from IBM. Now that there is an antitrust investigation in the EU there is also a lively discussion and here is how IBM responds:

IBM said it is cooperating fully with E.U. regulators and that the allegations are being brought by competitor Microsoft and its “satellite proxies.”

More here:

IBM countered in its own statement that the EC’s accusations “are being driven by some of IBM’s largest competitors — led by Microsoft — who want to further cement the dominance of Wintel servers by attempting to mimic aspects of IBM mainframes without making the substantial investments IBM has made.”

Recall what Microsoft apparently did to IBM in order to restrain critics of OOXML. Here is another report that names Microsoft’s role:

In a statement, IBM said it “intends to cooperate fully” with the inquires. But it also asserts that the investigations were actually triggered by Microsoft (MSFT). “Let there be no confusion whatsoever: there is no merit to the claims being made by Microsoft and its satellite proxies,” IBM said. “IBM is fully entitled to enforce its intellectual property rights and protect the investments we have made in our technologies. Competition and intellectual property laws are complementary and designed to promote competition and innovation, and IBM fully supports these policies. But IBM will not allow the fruits of its innovation and investment to be pirated by its competition through baseless allegations.”

Microsoft spinners responded to this as follows.

IBM, based in Armonk, New York, said in a statement that “there is no merit to the claims being made by Microsoft and its satellite proxies.”

“Certain IBM competitors which have been unable to win in the marketplace through investments in fundamental innovations now want regulators to create for them a market position that they have not earned,” IBM said.

Frank Shaw, a spokesman for Redmond, Washington-based Microsoft, said in an e-mail that the company invests in startup companies such as T3 to give customers greater choice. The company isn’t a party to T3’s complaint against IBM, he said.

“We do share T3’s belief that there needs to be greater openness and choice for customers in the mainframe market,” Shaw said. “Customers tell us that they want greater interoperability between the mainframe and other platforms.”

Notice the wording. He does not deny Microsoft’s role. “Microsoft wasn’t a party to SCO v. IBM, either, but it gave money that made it possible for it to happen,” Jones explained. “You don’t have to be a party to be involved.”

“…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 approached by Microsoft

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

13 Comments

  1. Florian Mueller said,

    July 27, 2010 at 3:41 am

    Gravatar

    Since the day when the TurboHercules folks explained to me their patent-related problems with IBM, I’ve been sympathetic to their cause.

    You say I help Microsoft’s agenda. However, my agenda is all about competition and innovation in IT, for which I consider FOSS an extremely important factor. Should there happen to be some overlaps between my pro-competitive agenda and Microsoft’s interests (although I’d like to see some better proof than PJ’s unsubstantiated claims), that’s fine and it’s statistically inevitable given that they have such a diversity of interests and aren’t automatically on the dark side. Even if they tried to always come down on the dark side, they couldn’t even get there consistently, I’m sure. I’d only be concerned if someone suspected me of supporting an agenda that is anticompetitive and harms innovation (and in that case it wouldn’t even matter whether that’s Microsoft’ or anyone else’s agenda because I simply wouldn’t want to be seen as promoting such a bad cause regardless of who’s behind it).

    Dr. Roy Schestowitz Reply:

    I never claimed that you served Microsoft, only that Microsoft’s interests are served by you.

    Florian Mueller Reply:

    Yes, I know. I was merely responding to your claim that I help Microsoft’s *interests*. I believe I made that reference very clearly. I explained that if a cause is a good cause, it doesn’t become a bad one just because of whatever reasons they may have to strive for the same objective in a particular case. In a statement on yesterday’s announcement they said they’d like to see more openness in that market. I have no problem with that.

    Dr. Roy Schestowitz Reply:

    What do you believe they mean by “openness”?

    Florian Mueller Reply:

    The quote about openness is short and doesn’t specify, but since the antitrust case is about tying hardware to an operating system (z/OS), I guess they mean — just like the complainants — that running z/OS in emulation should be allowed. From my point of view that’s also a matter of software freedom. Even though z/OS running on free software (Hercules on GNU/Linux for Intel) wouldn’t be a free configuration according to the Free Software Definition, emulation is a software-related freedom the way I view it.

    Dr. Roy Schestowitz Reply:

    What Microsoft means by “openness” is that it should run Windows, not GNU/Linux.

    Florian Mueller Reply:

    The Hercules project developers for GNU/Linux and Windows. The commercial offerings of the TurboHercules company relate to both operating systems as well.

    Dr. Roy Schestowitz Reply:

    Groklaw has already explained why TurboHercules would be useful to Windows. It was in one of the later posts about this case.

    Florian Mueller Reply:

    Groklaw didn’t explain why a project (and a commercial offering around it) available for both GNU/Linux and Windows would be particularly useful to Windows. Groklaw portrayed TurboHercules as a Windows-only thing.

    Dr. Roy Schestowitz Reply:

    No, as a Windows facilitator.

  2. Florian Mueller said,

    July 27, 2010 at 3:48 am

    Gravatar

    Concerning my use of GNU/Linux, my online gaming startup (which I co-founded in 1996 and we sold to Telefónica in early 2000 before the dotcom crash) was among the first wave of startups in Europe to use GNU/Linux on the server side (we used the SuSE distribution, and our database was PostgreSQL). I also used it for web server purposes thereafter, which is how I became aware of and involved with MySQL.

    On my desktop and my notebook, I use Windows 7, but there’s plenty of FOSS for Windows and I use some of it. I saw a list of the top 10 SourceForge application projects and every one of them is available for Windows in some form. I don’t believe in dichotomy concerning FOSS and proprietary software. In particular, I don’t want software patents to hurt either category. More importantly, I want FOSS to put competitive pressure on everyone because that will ensure that I also get to buy high-quality proprietary software at reasonable prices. I believe in choice.

    Dr. Roy Schestowitz Reply:

    That spin about “choice” is the same talking point Microsoft uses. Anyway, my suspicions were right.

    twitter Reply:

    Florian, I don’t think you understand software freedom or software quality. If you did, you would not sell your freedom for the restrictions and second rate performance of Windows 7/Vista. Nor would you equate free and non free software as “choices”. Free software is about rights and freedom. Non free software is about extracting revenues by various unjust restrictions. Non free software can not be verified and should not be trusted. Its owners can betray you as they please and they reserve the right to terminate use of their software at any time. Free software now offers both a better deal and better performance all around.

What Else is New


  1. Links 1/6/2020: OpenMandriva Lx 4.1 2020.05, Linux Lite 5.0 Release, FreeBSD 11.4 RC2

    Links for the day



  2. It's a Common Mistake and Common Misconception/Error to Treat Microsoft as Just Another 'Large Company' (or 'Big Tech')

    It's a Common Mistake and Common Misconception/Error to Treat Microsoft as Just Another 'Large Company' (or 'Big Tech')



  3. Lessons of Michael Arrington (About Microsoft)

    Microsoft and Bill Gates have a long history bullying their critics; the quote above (or below) shows how even people who advertise with Microsoft are becoming the target of abuse



  4. 'Best' of Both Worlds: GNU/Linux Freedom + Malware With Keyloggers and DRM

    Running a Microsoft-controlled GNU/Linux instance under Vista 10 ("Windows Subsystem for Linux") in the age of virtual machines, dual boot and containers makes as much sense as chopping some carrots to go with the veal meal to appease vegetarian diners



  5. First They Bribe the Employer, Media Lynch Mobs May Follow

    The 'cancel culture' lynch mobs, which leverage social causes (or marginalised groups), remain a convenient means by which to oust one's political/business opposition; but money too is a massive contributing factor and the more one has of it, the easier it is to control media narrative and subversive focus



  6. Upcoming Series Teaser: The Bribery Operation of William Henry Gates III

    Bribery goes a very long way when it comes to the megalomaniac who pays the media to portray him as the world's most generous person



  7. Windows Ransomware Must Not be Unspeakable When People Die in Large Numbers Due to That (and Windows Has Intentional Back Doors)

    Loss of electronic patient records, ransom and downtime among the severe consequences of deploying Microsoft inside hospitals; yet the media rarely names the real culprit (manslaughter charges theoretically possible) and nobody gets punished except those who offer real solutions



  8. IRC Proceedings: Saturday, May 30, 2020

    IRC logs for Saturday, May 30, 2020



  9. Burning the House That Richard Stallman (RMS) Built: An Open Letter to GNU Maintainers Who Opposed RMS

    An open letter to people who petitioned RMS to step down and who outsource GNU projects to Microsoft (GitHub)



  10. Links 30/5/2020: Godot Editor Under Web Browsers, Alpine Linux 3.12.0 and EasyOS 2.3

    Links for the day



  11. EPO's Illegal Patents and Massive Corruption Go Unnoticed by Corporate Media and Sites That Cover Patent News

    Very major corruption scandals still emerge in Europe's second-largest institution and illegal patents get granted as well as promoted; somehow, perhaps miraculously, this no longer seems to bother anybody in the media (corruption and radical policies have been gradually 'normalised')



  12. Never Mind If GNU/Linux Works Better Inside Hospitals and Free Software Not Only Safer But Vastly More Efficient...

    With lives on the line one might expect hospitals to choose what's most secure and generally works best; but in practice there seems to be a leaning towards what bribes best



  13. Sick Alexander Ramsey is Using a Public Health Crisis to Lie About the Unitary Patent, Whose Fall Made Him Redundant and/or Obsolete

    Weaponised media continues to manufacture utterly ridiculous puff pieces for Team UPC, containing intentional lies from beginning to end



  14. IRC Proceedings: Friday, May 29, 2020

    IRC logs for Friday, May 29, 2020



  15. They Came, They Saw, He Died

    Microsoft is an inherently sociopathic company; today's story of AppGet is an important reminder that Microsoft has not changed and isn't changing (Maui is another week-old example of trademark-hijacking tactics by Microsoft)



  16. Microsoft-Connected CloudGuru Doesn't Care About GNU/Linux and Now It's Gradually Killing the BSD/Linux-Centric Jupiter Broadcasting (Bought by Linux Academy)

    Assuming Docker is being 'killed' by Microsoft (or at least hijacked to push Windows, Azure and so on) while the GitHub-hosted (Microsoft) CloudGuru, whose co-founder comes from Microsoft, ‘finishes the job’ with Linux Academy and its assets, it’s time to take stock of a pattern/trend that ruins the media too



  17. What Happened to Docker is a Cautionary Tale About the Not-So-New Microsoft

    It’s hardly shocking that Docker collapsed (mass-scale layoffs) after the company had gotten close to Microsoft and got rid of its very own founder (a Red Hat veteran) while the software is being killed off/co-opted by Microsoft (all over the news this week; we’ve omitted links by intention as it’s only puff pieces, no investigative journalism anywhere); we only ask one thing: is anyone paying attention and, if so, what are the lessons learned?



  18. If You Want to Support and Follow Us 'Properly', Really Simple Syndication (RSS) is Most Reliable and Robust to Censorship

    Our longstanding position on social control media (we reject it and don't participate in it) is only proven ever more justified now that the mere idea of fact-checking is seen as controversial if not illegal



  19. Links 29/5/2020: Genode OS 20.05 and FSF Video Conferencing Service

    Links for the day



  20. IRC Proceedings: Thursday, May 28, 2020

    IRC logs for Thursday, May 28, 2020



  21. Weaponised Media Promoting an Illegal Patent System (UPC), Exploiting Major Pandemic in the Process

    The whole 'unitary' scam/ploy (merely a Trojan horse for litigation and low-quality/invalid patents) is being promoted by Thierry Breton as EU Internal Market Commissioner (in spite of illegalities and constitutional issues), merely reinforcing the view that the EU is rather complicit in the abuses perpetrated by Team Battistelli; the media in the pockets of oligarchs and litigation firms (fronting for these oligarchs) plays along, as usual



  22. Links 28/5/2020: OpenSSH 8.3, New Mesa Release, Raspberry Pi 4 News, Fedora 32 Elections

    Links for the day



  23. The EPO Became a Very Radical Institution

    Projection tactics are doomed to say more about the people who utilise them than about anybody else; the EPO has become so autocratic and corrupt that corruption is seen as normal and workers who explain this corruption are framed as "irrational" or "crazy" or "radical"



  24. IRC Proceedings: Wednesday, May 27, 2020

    IRC logs for Wednesday, May 27, 2020



  25. Allegations That Microsoft Will Ruin Besieged Clinics and Hospitals to Retaliate Against Those Who Name the Culprit

    With a broader picture coming into view, as per the above index, we're starting to wrap up the series while issuing a call for more stories and eyewitness testimonies, exposing the nature of attacks on hospitals (those almost always target Microsoft and others' proprietary software, which is technically unfit for purpose)



  26. Microsoft Has Ideas...

    Based on the pattern of media coverage, composed by Microsoft MVPs and Microsoft-affiliated blogs/sites, confusing the public about the meaning of GNU/Linux is reminiscent of an "Extend" phase



  27. ZDNet Proves Our Point by Doing Not a Single Article About Linux (RC7), Only About Linus and Windows Clickbait Junk

    It seems abundantly clear that nobody wants to cover the actual news about Linux and instead it’s all about which PC Linus Torvalds is using (gossip/tabloid); ZDNet‘s latest two articles are an example of this…



  28. UPC Lies That Make One Laugh...

    IP Kat and Bristows (overlaps exist) are still pretending that the UPC is coming because reality doesn’t seem to matter anymore, only self-serving agenda



  29. Canonical Continues to Help Promote Windows Instead of GNU/Linux or Ubuntu

    Thrice in the past week alone Canonical used the official “Ubuntu Blog” to help Microsoft instead of GNU/Linux and it is part of a disturbing trend which lends credibility to jokes or rumours about a Microsoft takeover; it's not like many people use this thing, either (Canonical helps Microsoft shore up a dying/languishing EEE attempt)



  30. Links 27/5/2020: CoreOS Container Linux Reaches Its End-Of-Life, 2020 GNOME Foundation Elections Coming

    Links for the day


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