Bonum Certa Men Certa

Microsoft Breaks the Law, Then 'Settles' by Elbowing Free/Libre Software

Boxer



Summary: Santa Clara County schools will need to purchase more software (proprietary) after a settlement that's hardly a punishment for Microsoft's illegal activities

IT IS "FUNNY MONEY" season just before the year closes. Yes, a Microsoft victim is once again bragging about some so-called 'settlement' which leaves much to be desired. We have found many reports about it, mostly from California where schools were reportedly too slow (if not late) to claim Microsoft's debt to them.



Most headlines refer to the news as "settlement money" or "technology money" [1, 2, 3] while the headline from the Bill Gates-funded 'press' makes it sound like Microsoft does its 'donation' thing when it "Pays for School Tech."

Too much focus is put on the sum of money [1, 2] and too little about how it must be spent. As one report put it:

Funding for the first and second phase is used in the same manner. Half of the Cy Pres awards come in the form of general-purpose vouchers to reimburse school districts for the purchases of eligible computer hardware, information technology support services, professional development services for teachers and a broad array of computer software.

The other half comes in the form of specific category software vouchers that reimburse school districts for the purchase of only particular types of software.


What "particular types of software" would that be? It does not specify. For those in need of some background, here is a portion of another report:

The settlement comes from a 1999 lawsuit in which businesses and consumers charged that Microsoft (NASDAQ: MSFT) engaged in unfair business practices in selling certain systems.


Microsoft basically broke the law to drive competitors out of the market and then hike the costs. Why is Microsoft even around after obviously engaging in illegal activity? Because the way the law works, if Microsoft can pay "settlement" money to the plaintiff, then the case goes away. It's just like a bribe, but they call it a "settlement" because it sounds so much more benign (like "licensing" versus "racketeering"). To put the scale of this bribe in perspective, we're talking about a rate of $5.31 per pupil in one case. What's the real toll of a kid being grown up to be enslaved by Microsoft software? This is surely disproportional.

Santa Clara County schools will receive nearly $821,000 for technology purchases, and San Mateo County schools will receive nearly $306,000, in the second phase of a settlement of an antitrust lawsuit against Microsoft.

The funds benefit schools that applied for a portion of the settlement. The awards, granted at a rate of $5.31 per pupil, range from less than $100 for small continuation schools to $18,141 for Independence High School in San Jose, which has about 3,400 students.

[...]

Schools receive the funding in the form of vouchers they can use for technology purchases -- and not just ones sold by Microsoft. Half of the value of the vouchers must be used for particular software.


And there are strings attached to it. As prodigy educator Diane Ravitch put it the other day (we'll come back to it later), "[i]nsisting on controlling the use of one's gift of money is another low form of philanthropy. Today's givers want to control others' lives." Ravitch referred specifically to education and added: "Insisting on recognition for philanthropy (cf. Mark Zuckerberg) is the lowest form of philanthropy. It is ego-driven."

Ravitch is critical of both Gates and Zuckerberg, but that is a subject for another day. The huge damage the Gates Foundation is doing to public education is a massively-underrated subject which is suppressed through actual control of the media (e.g. sponsoring journalists). In the case of the schools above, they can't use Free/libre software if a software purchase is strictly required. Coincidence? Maybe. This is is not mentioned by anyone and not even the self-serving strings are mentioned a lot of the time, with exceptions:

Schools that serve large numbers of poor children are getting new money to pay for technology as the state releases $25 million through the second phase of a legal settlement with Microsoft, the California Department of Education announced today.

[...]

The awards come in the form of vouchers to reimburse school districts for buying computer hardware, information technology support services, professional development services for teachers, and computer software.


As usual, the biggest winners in these cases are the lawyers. Moreover, Microsoft manipulates the settlement so as to make it self-serving (to Microsoft). It does not really pay fines if those fines have to be redeemed in particular ways.

Recent Techrights' Posts

IRC Proceedings: Saturday, August 30, 2025
IRC logs for Saturday, August 30, 2025
Representing and Speaking for Animals
If I ever choose to take this matter to tribunal with animals-centric NGOs on my side, it'll get some press coverage for sure
The UEFI 9/11 - Part II - Campaign of Censorship and Defamation Against Critics
In dictatorships, humour serves an important role. It's tragic.
 
IBM Has Taken Control of GNOME
Don't expect a successor to be found any time soon
Links 31/08/2025: Google Gmail Data Breach and LF Puff Pieces for Pay
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
This is What Google News Has Become
Moments ago
The Slopfarm WebProNews Has Turned Google News Into a Laughing Stock Full of Plagiarism by Slop
If Google News dies of neglect, that's one thing. It's starting to seem like active neglect by Google is a form of participation.
Do What is Moral, as What's Legal Isn't Always Moral
Do what's objectively moral, no matter the costs and the risks
Slopwatch: Google News Assisting Plagiarism and Anti-Linux FUD, Serial Slopper Rips Off Linux-Centric Journalists
This makes the Web a much worse place and lessens the incentive to do journalism
Links 30/08/2025: NVIDIA Fakes Results to Hide a Bubble Already in Implosion Phase, Data Breaches Galore, Important Win for Workers' Union in Canada
Links for the day
In Kazakhstan, Yandex Estimated to be 20 Times Bigger Than Microsoft
Bing is measured as down this month
Shutterstock Not Enough? The Register MS Uses Slop Images in Articles (Seemingly More and More Over Time)
Cost-saving trajectory amid office shutdown?
Gemini Links 30/08/2025: Games, PostmarketOS, and Slop
Links for the day
Links 30/08/2025: Imgur Uproar and Many Ukraine Updates (Mediazona Reports Over 200,000 Russians Died for Putin)
Links for the day
How Not to Build Software
code forges that need a Web browser perhaps fill some 'niche' demand
GAFAM and "MATA"
The use of dark humour there hopefully helps illuminate what a lot of "modern" technology became like and how it interacts with human civilisation (to what ends and whose gain)
Birds Are Not "Pests and Vermin", Privacy is Not a Crime, and GNU/Linux is Not 'Hacking Platform'
I could not help but think of Free software analogies
The Sites Should Be Very Fast Again
That issue is now resolved
Flying in 2025
worse than ever before
Activists, Including Technical Activists, Need Not Pursue Affirmation
Techrights doesn't play or participate in a "popularity contest"
The UEFI 9/11 - Part III - Chaos is Scheduled to Happen Second Thursday of September (No Matter What the Microsofters Tell You)
The clock is ticking
Downplaying the Impact of "UEFI 9/11" is a Losing Strategy
we won't publish much whilst on holiday
Government Sites Should Run Free Software
Not proprietary bloatware with buzzwords
LLM Slopfarms Take No Breaks
When people run sites by bots they don't need to worry about "breaks"
GNOME Having a Meltdown Again
Thanks and farewell to Steven Deobald
Gemini Links 30/08/2025: Low Tech and Hunchbin 1.0.6
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 29, 2025
IRC logs for Friday, August 29, 2025
Financiers and Sponsors of the Slop Hype (Pyramid Scheme Waiting to End, Bubble That Will Inevitably Implode)
It's also burning the planet
Slopwatch: Fake Articles About "Linux", Google Helps Ponzi Schemes and Slopfarms in Google News
Slopfarms are a real pain
Gemini Links 29/08/2025: Retiring at 62 and URL Filtering HTTP(S) Proxy on Qubes OS
Links for the day
Links 29/08/2025: Lisa Cook Sues Convicted Felon and Backdoor Mandate in UK Resisted
Links for the day
Links 29/08/2025: Arti 1.5.0, War on Public Health (CDC), and Slop 'Bros' Made to Pay for Their Mass Plagiarism
Links for the day
No, 4Chan is Not Fighting for You by Lawyering Up Against Ofcom (UK)
Don't mistake proto-fascists for people who "fight for you". They don't.
In Many Places in the World Vista 11 "Market Share" is Going Down, Not Up
In some countries Windows is already down to third place or lower
More Microsoft-Connected Layoffs, at Least Third Time This Month! (Also Another Death on Campus)
Microsoft as a "gaming" company is where studios, projects, games, and even developers come to die
Slopwatch: Fake Articles About "Linux", Slop Images in VentureBeat, Linux Foundation Spam Made With LLM Slop and Slop Images
The only relief or upside - if any exists - is that the pace of slop was down a bit this week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 28, 2025
IRC logs for Thursday, August 28, 2025
Gemini Links 29/08/2025: Poems, Games, and Java 25 Performance
Links for the day