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09.10.11

Cablegate: European Commission Worried About Microsoft’s Browser Ballot Screen Being Inappropriate

Posted in Antitrust, Cablegate, Europe, Microsoft at 10:02 am by Dr. Roy Schestowitz

Cablegate

Summary: A look at the real views of regulators, to whom Microsoft was ‘selling’ the idea of false “choice” (where Internet Explorer is already installed by default)

THE FOLLOWING Cablegate cable draws attention to several disparate issues, some of which are unrelated to technology. But the part which we found most revealing (¶14) says that “Microsoft’s proposed “ballot-screen” remedy to the Commission’s case against Microsoft’s bundling of Internet Explorer with Windows concluded last Friday (Nov. 13)” and that it “showed some small concerns over screen design, layout, the number of security warnings Windows showed users installing new browsers, and one or two other small issues.”

We actually wrote about those same issues at the time, but we did not know that the European Commission too was sceptical [1, 2, 3, 4, 5, 6, 7, 8, 9]. Inside those posts are some points and arguments from around that time. These mostly got mentioned by Microsoft rivals.


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FM USEU BRUSSELS
TO RUEHC/SECSTATE WASHDC PRIORITY
RUCPDOC/USDOC WASHDC PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUEATRS/DEPT OF TREASURY WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE
RUCNMEU/EU INTEREST COLLECTIVE

UNCLAS SECTION 01 OF 03 BRUSSELS 001591 

SENSITIVE
SIPDIS 

STATE FOR EUR/ERA, EEB/TPP/MTA, EEB/OIA
DOJ FOR CALDWELL HARROP
DOC FOR DAVID DEFALCO 

PLEASE PASS TO USTR DAVID WEINER AND FTC J.
PARISI 

NOT FOR INTERNET DISTRIBUTION 

E.O. 12958:  N/A
TAGS: ECIN [Economic Integration and Cooperation],
ECON [Economic Conditions],
EINT [Economic and Commercial Internet],
ECPS [Communications and Postal Systems],
EFIN [Financial and Monetary Affairs], ETRD [Foreign Trade],
EUN [European Union]
SUBJECT: KROES CABINET CHEF ON ORACLE-SUN, BANKING
REVIEWS, NEXT COMMISSION DYNAMICS 

BRUSSELS 00001591  001.9 OF 003 

SUMMARY
------- 

¶1. (SBU) Anthony Whelan, chef du cabinet to
Competition Commissioner Neelie Kroes, told USEU
November 20 that Kroes and DG COMP are carefully
reviewing the complex arguments involved in the
Oracle-Sun merger, and the potential concerns over
Oracle's acquisition of Sun's MySQL open source
database.  Key issues Kroes is reviewing include
whether: MySQL's open source nature protects it from
competition concerns (Kroes is skeptical); DG COMP
concerns that Oracle wouldn't support developing
MySQL into a stronger competitor to other existing
lower-end databases; and interest in Oracle
arguments that MySQL technically cannot be scaled up
far enough to compete with some of these databases.
He noted that Kroes and DG COMP officials' minds
"are more open" to Oracle/Sun arguments than they
would be in many SO cases, given the new open source
issues involved. 

¶2. (SBU) Whelan said Kroes regretted missing the
recent TEC meeting and continues to value her close
relationships with U.S. competition officials.  He
said she has spent a tremendous amount of time on
state aid reviews of the many financial sector
bailout packages member states have enacted during
the financial crisis.  He said the Commissioner and
DG COMP have no master plan for the state aid
reviews, and acknowledged the importance of looking
at the cumulative impacts of required actions on the
banking sector.  Whelan noted the increasing
possibility that Kroes will be reappointed to serve
in the next Commission, mentioning rumors she could
get the trade portfolio.   END SUMMARY. 

TEC AND COMPETITION CONSULTATIONS
--------------------------------- 

¶3. (SBU) EconMin opened by mentioning the success of
the recent Transatlantic Economic Council (TEC)
meeting and noting it was unfortunate that
Commissioner Kroes had been unable to participate.
Whelan said Kroes had been looking forward to
participating in the TEC and explaining Commission
reviews of financial sector support packages, but at
the last minute had needed to stay in Brussels to
address some of those very reviews. 

¶4. (SBU) EconMin noted the long history of
cooperation in competition policy issues, and
expressed disappointment that the the planned U.S.-
EU competition consultations had to be postponed.
He noted USEU's commitment to continuing to
facilitate close relations between our respective
competition authorities.  Whelan said Kroes and DG
Comp feel the same, noting Kroes' subsequent meeting
in India with FTC Commissioner Kovacic, as well as
Deputy Director for Antitrust Nadia Calvino's recent
meeting in DC with DOJ Deputy AAG Molly Boast. 

FINANCIAL SECTOR STATE AID REVIEWS
---------------------------------- 

¶5. (SBU) Whelan explained that Kroes has spent a
tremendous amount of time on state aid reviews of
the many financial sector bailout packages member
states have enacted during the financial crisis.  He
acknowledged that the results may lead to some
transatlantic disinvestments and pullbacks.  The
Commissioner and DG COMP have no master plan for the
state aid reviews, but Whelan agreed the Commission
should probably look at the cumulative impacts of
required actions (such as divestments by ING and 

BRUSSELS 00001591  002.10 OF 003 

RBS) on the EU and transatlantic banking sector.  He
noted the Commission's declared intention when
adopting its restructuring guidelines that measures
should not undermine the EU internal market.  He
pointed out that the Commissioner does not insist on
divestment of assets in particular regions (ex. E.
Europe) and in fact wants to ensure member states do
not "close" EU financial markets. 

¶6. (SBU) Whelan explained that the state aid reviews
involve twice weekly joint meetings by DG COMP, DG
MARKT, DG ECFIN and the Commission legal services to
examine member state packages.  He said when the
crisis hit last year DG COMP quickly received more
resources to conduct the reviews, noting they hired
former bankers and other experts to assist with the
reviews.  He added that many of the guarantee and
recapitalization schemes have already been
reexamined at least once, to ensure they are working
and are not market-distorting. 

ORACLE-SUN MERGER
----------------- 

¶7. (SBU) After discussing state aids and Commission
politics (below), Whelan turned to the Commission's
investigation of the planned $7.4 billion Oracle-Sun
merger.  He said Oracle had requested an 8-day
extension to prepare their written and possible oral
responses to the Commission's Statement of
Objections (SO).  This is a positive sign, he said,
that they are taking the Commission process
seriously.  He said that some on the DG COMP case
team felt Oracle had been "lazy" in its responses to
requests for information, but agreed Oracle may not
have expected the database concerns, since the early
focus had been on potential JAVA issues.  He said
concerns about Sun's MySQL open source database were
brought to DG COMP by questionnaire responses from
other parties over the summer. 

¶8. (SBU) Whelan acknowledged that Sun and Oracle are
concerned that the issuance of an SO is a serious
step, since very few mergers with SOs have been
cleared unconditionally, but added that each case is
totally different and that Oracle-Sun presents new
issues for DG COMP in involving open source software
models so extensively. 

¶9. (SBU) Whelan understands Oracle's existing
databases and MySQL have different architecture and
target different markets.  He noted that Kroes and
DG COMP know the argument that open source software
is by definition "pro-competitive," since the theory
is that everyone has access to it and can contribute
to improving open source programs, but said the
Commission is examining subtle and complex
counterarguments to this.  He said that in the
dynamic, real marketplace in Europe, this open
source argument needs to be examined. 

¶10. (SBU) Key questions DG COMP is considering in
this case, Whelan said, include: 1) whether the
"global public license" open source nature of MySQL
somehow precludes potential competitors from using
it to develop commercial products that could
eventually compete with OracleQs databases; 2) in
this connection, Oracle's assertions that
technically MySQL cannot be scaled up to compete on
Oracle's high end; and 3) whether Oracle has the
incentive to support development of MySQL into a
stronger program. 

¶11. (SBU) These concerns, Whelan said, are to some
extent hypothetical, but then added that the
Commission's merger control powers differ from those 

BRUSSELS 00001591  003.7 OF 003 

held by DOJ and FTC in the U.S.  In the U.S., he
said, agencies can come back to a merger after it
occurs, see the results, and take structural action
if necessary.  The Commission doesn't have that
possibility, he continued.  The Commission faces an
incredibly high bar for subsequent action, he said
(if it can show an Article 82 violation that can't
be fixed by a behavioral remedy); hence the need for
a thorough review now. 

¶12. (SBU) Whelan continued musing about whether the
specific type of open source license MySQL has works
well in practice; he noted that the most successful
open source products often have a commercial
sponsor, (ex. Red Hat), which allows for dual
licensing.  The Commission's concern is not so much
that MySQL would be re-privatized, but rather that
Oracle might not provide strong support for the
program.  The Commission does recognize, Whelan
said, that strong support for MySQL from Oracle
could make the database a stronger competitor to
Microsoft and other lower-end database providers. 

¶13. (SBU) Whelan stressed that, given the newness of
many of the open source issue involved in the case,
"our minds are more open" than they tend to be in
standard cases where an SO has been issued.  He said
Oracle has the opportunity to demonstrate answers to
many of the questions raised by the Commission (such
as whether MySQL can technically be upgraded to be a
major competitor to Oracle's existing databases.) 

MICROSOFT UPDATE
---------------- 

¶14. (SBU) Whelan said that the 4-week market test of
Microsoft's proposed "ballot-screen" remedy to the
Commission's case against Microsoft's bundling of
Internet Explorer with Windows concluded last Friday
(Nov. 13).  He said the ballot screen results (under
which MS will offer a screen with alternate internet
browsers that Windows users can download) showed
some small concerns over screen design, layout, the
number of security warnings Windows showed users
installing new browsers, and one or two other small
issues.  Whelan said "we need to explore these with
Microsoft" but implied that they were not major
issues, and reinforced the impression that
Commissioner Kroes sees this case as nearly
resolved. 

KROES IN THE NEXT COMMISSION
---------------------------- 

¶15. (SBU) Whelan said that while three weeks ago
there seemed to be zero possibility of Kroes being
reappointed to the Commission, the Dutch political
dynamic has since changed.  Kroes is very media-
savvy in the Netherlands, Whelan noted, and the
Dutch media have begun a campaign to renominate
here.  The government is "in the doldrums," he said,
and there is public resistance to sending one of
Prime Minister Balkenede's "party hacks" to the
Commission.  Kroes is seen as tough on banks, which
is appealing, he added, and PM Balkenende is now
under some pressure to support Kroes.  Whelan
concluded that her chance of reappointment has
grown. (Note: Kroes was subsequently reappointed by
the Dutch government on November 24.  End note).
Whelan acknowledged the rumor that Kroes would get
the trade portfolio but said he had no corroboration
of this at all. 

Eventually Kores stayed in the Commission (not in the competition part of) and Microsoft now engages in new anti-competitive abuses, mostly using patents. Microsoft cannot help being brutal and cheating while nobody is watching and threatening with fines.

Cablegate: US Government Assesses Value of New EU Commission to Itself

Posted in America, Cablegate, Europe at 9:44 am by Dr. Roy Schestowitz

Cablegate

Karel de Gucht

Summary: A look at how the United States views the newly-elected (2010) European Commission

“Barroso’s announced line-up of the policy portfolios for the new Commission that takes office on/about February 1 has mostly good implications for U.S. economic policy interests,” asserts a cable from just over a year ago (marked “SENSITIVE”). There is no smoking gun that we can see there, but it helps to know how the US portrays politicians who sell Europe out.

Take for example Mr. ACTA (Karel de Gucht). The cable says: “New Trade Commissioner Karel de Gucht (Belgian Foreign Minister until September) takes over the Transatlantic Economic Council; known for his straight-talk, de Gucht is also seen as someone who can close deals” (no matter how bad they are).

Mr. EU Patent (software patents) Michel Barnier, whom we wrote about here, here, here, here and here, is said to “bring a decidedly French and political approach to the internal market and financial services, but will be offset by a new British Director General, Jonathan Faull” (we cannot find his position on patents anywhere).

“Spanish Commissioner Joaquin Almunia moves from ECFIN to Competition,” says the cable, “where he will bring his economics background to touchy competition policy cases (such as Oracle/Sun) and will likely continue Neelie Kroes’s tough line on bank state aids” (Neelie Kroes is talked about later and we already know that the US called her "sensitive")

Then it speaks about Siim Kallas, who has been helping Microsoft. We quite like the part about Vassallo, whom Microsoft hired to help lobby the EU after OOXML corruption and it evidently worked based on other diplomatic cables. The following Cablegate cable points out that “[c]ertainly this is the view of the current President of Amcham EU, Vassallo before he joined General Electric and now Microsoft, who knows Dalli well.”

Here is the full text.


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UNCLAS SECTION 01 OF 10 BRUSSELS 001616 

SENSITIVE
SIPDIS 

STATE PASS TO NSC KVIEN, BELL, AND OMB/OIRA 

E.O. 12958: N/A
TAGS: ECON [Economic Conditions], ETRD [Foreign Trade],
ECIN [Economic Integration and Cooperation],
EFIN [Financial and Monetary Affairs], EINV [Foreign Investments],
EAGR [Agriculture and Forestry], EIND [Industry and Manufacturing],
ENRG [Energy and Power], ECPS [Communications and Postal Systems],
EAIR [Civil Aviation], EWWT [Waterborne Transportation],
KIPR [Intellectual Property Rights], KSCT,
SENV [Environmental Affairs], EUN [European Union]
SUBJECT: BARROSO'S NEW COMMISSION SHOULD BE GOOD
FOR U.S. ECONOMIC POLICY INTERESTS 

BRUSSELS 00001616  001.4 OF 010 

¶1. (SBU) Summary: EU Commission President
Barroso's announced line-up of the policy
portfolios for the new Commission that takes
office on/about February 1 has mostly good
implications for U.S. economic policy interests: 

-- New Trade Commissioner Karel de Gucht (Belgian
Foreign Minister until September) takes over the
Transatlantic Economic Council; known for his
straight-talk, de Gucht is also seen as someone
who can close deals;
-- On capital markets, Frenchman Michel Barnier
may bring a decidedly French and political
approach to the internal market and financial
services, but will be offset by a new British
Director General, Jonathan Faull;
-- Finn Ollie Rehn will bring his Oxford PhD in
economics to his new Economic and Finance
position, where he'll play a role in the G-20 even
as he tries to manage winding down member state
deficits;
-- Spanish Commissioner Joaquin Almunia moves from
ECFIN to Competition, where he will bring his
economics background to touchy competition policy
cases (such as Oracle/Sun) and will likely
continue Neelie Kroes's tough line on bank state
aids;
-- Kroes herself takes up the information and
communications technologies Q including a new ten-
year digital economy plan and telecoms
liberalization -- from Viviane Reding;
-- Climate change may be a problem with Dane
Connie Hedegaard in the lead, but environment
otherwise may be less problematic with Slovene
(and former S&T Commissioner) Potocnik;
-- Energy will be with the new German
Commissioner, Gunther Oettinger, who may try to
smooth over some of the EU-Russia tensions over
supply disruptions;
-- Estonian Commissioner Siim Kallas takes up the
transport portfolio (minus space), along with the
U.S.-EU aviation negotiations;
-- Agricultural policy goes to Romania's former
agricultural minister; this, and the shift of
biotech away from DG ENV to DG SANCO (and former
Research Commissioner Potocnik) may bode well on
biotech;
-- Industry and entrepreneurship, supplemented
with space, goes to the Italian Tajani, who will
bring a lower-profile to a portfolio now focused
on the woes of the auto sector; and
-- Regulatory cooperation is more strongly
centralized in the SecGen's office; the Maltese
Commissioner who will have the re-combined Health
and Consumer portfolio, where so many
transatlantic regulatory issues lie (food safety,
consumer protection) is well respected by the
Amcham President. End Summary. 

¶2. (U) EU Commission President Barroso announced
his new Commission on Friday, November 27, just
three days after the Netherlands nominated the
last of the Commissioners-designate.  The new
line-up, which goes into effect only after
extensive hearings before and approval by
Parliament in January, has significant
implications for U.S. economic policy, since the
Commission has a lead policy role in the European
Union Q itself the world's largest economy,
largest trader, largest donor and heavy-weight in
virtually all international economic fora, even
where not directly a member. 

¶3. (U) Of the 27 EU Commissioners (one per member
state), 18 have portfolios with significant
economic policy content, affecting member state
fiscal policy, financial services, trade, aid,
competition policy, climate and environment,
energy, telecommunications and many other areas.
In each of these, the Commissioner proposes both
policy initiatives and EU legislation, and must
then get measures approved by the 27 member states
in the EU Council and the European Parliament
all the while negotiating or talking to us and the
many other countries affected by the EU's policy 

BRUSSELS 00001616  002.4 OF 010 

choices. 

¶4. (U) This cable provides a brief resume of the
key economic policy Commissioners and the top
U.S.-EU issues they will handle by policy area,
divided into four themes: external (trade,
customs/taxation); fiscal/macro; "horizontal"
policies; and sector-specific portfolios
(agriculture, industry and the like).  The new
High Representative for Foreign Affairs and
Security Policy, Cathy Ashton, who will also have
a significant economic policy role especially with
respect to U.S.-EU cooperation on third country
issues, is not covered here; see London 2623.
Similarly, the new Commissioners for Justice and
Home Affairs, and for enlargement and development,
will be treated separately, although all deal with
economic policy issues, including the increasingly
difficult one of data privacy. 

General Assessment
------------------ 

¶5. (SBU) In terms of economic policy, Barroso's
apportionment of the portfolios strikes us as
being generally favorable to U.S. interests:
Barroso appears to have reinforced both his
generally liberal economic reform instincts and to
have struck a note of independence from the big
four member states.  The two areas where we see
the greatest potential for problems are in
internal markets and services, where Paris appears
to have wrested for Michel Barnier the control it
sought over capital markets (although Barroso
offset this by appointing a well-respected Brit as
the new DG MARKT Director General under Barnier),
and in climate change.  Interestingly, none of the
four big member states got the high-profile trade
and competition policy portfolios, which went to
the relatively strong Belgian and Spanish
Commissioners. 

External Economic Policy Q Trade, Customs
----------------------------------------- 

¶6. (U) The Commissioner for Trade is our key
economic policy interlocutor in the Commission.
The Commissioner, who negotiates trade agreements
on behalf of the EU and its 27 member states, is
the U.S. Trade Representative's primary European
contact, although the remit also covers other
aspects of bilateral and multilateral economic
relations.  This broader role expands with the new
Commission Q President Barroso used the occasion
to assign responsibility for the Transatlantic
Economic Council (TEC) Q the U.S.-EU
"intergovernmental cabinet meeting" on economic
policy Q to the Trade Commissioner.  In addition,
the Lisbon Treaty that goes into effect December 1
gives the incoming Commissioner a major new policy
area Q negotiating international investment
protection agreements, previously the purview of
the member states, anda new political headache: a
significantly inceased role for the European
parliament in trae negotiations (septel). 

¶7. (SBU) Karel de Gucht, the Belgian who has been
Development Commissioner for only two months (he
replaced Louis Michel when the latter joined the
European Parliament this summer), was a surprise
choice for the Trade Commissioner position, not
least as he comes from a small member state.  A
Flemish Liberal (center-right, with more free
trade tendencies), the 55 year-old de Gucht has
been Belgium's Foreign Minister for the past five
years; he also has extensive EU experience through
14 years in the European Parliament.  De Gucht has
won a reputation as a straight-talker (including
with blunt statements about human rights in some
developing countries), but he's also portrayed as
politician who can reach compromises.  De Gucht's
Chief of Staff, Marc Van Heukelen, an economist
who is extremely close to de Gucht and who headed
the U.S. Office in the Commission's External
Relations Department for the past two years, will 

BRUSSELS 00001616  003.4 OF 010 

bring a strong interest in transatlantic relations
as well as extensive experience in the TEC to the
new Commissioner. 

Taxation/Customs: 

¶8. (U) The Commissioner for Taxation and Customs
(TAXUD) works more with DHS and CBP on border
security issues than with Treasury on taxation,
where the EU's role is generally limited to
internal indirect taxes (VAT).  Current
Commissioner Kovacs has focused in his dealings
with us on our 100 percent container scanning
requirement, but at the last TEC meeting he was
more balanced, underlining the EU's equally strong
interest in preserving the integrity of the
container system.  We have a fairly good working
relationship with the Commissioner's services, DG
TAXUD, on such things as WCO rules (where the EU
has become less helpful recently) and on IPR
enforcement, where we've done a joint seizures of
counterfeit semi-conductors under Operation
Infrastructure. 

¶9. (SBU) Lithuanian Algirdas Semeta may bring a
slightly more fiscal-oriented approach to the
TAXUD role. A Member of the European Commission
since July 2009, the 47 year-old Semeta graduated
as an economic mathematician from the "Faculty of
Economic Cybernetics and Finance" of Vilnius
University in 1985 and found himself Chairman of
the Securities Commission from 1992-1997 and
Minister of Finance from 1997 to 1999, a position
he held again before being appointed, in July
2009, to the European Commission responsible for
Financial Programming and Budget. 

Overall Economic Policy Q ECFIN, Budget and
Regional Policy
--------------------------------------------- -----
-- 

ECFIN: 

¶10. (SBU) The Commissioner in charge of Economic
and Finance issues helps guide EU member state
fiscal and Eurozone monetary policy, although more
through suasion than direct control.  The
Commissioner lays out the broad economic policy
guidelines meant to direct member state fiscal
policy; issues warnings about, and recommends
corrective steps for, "excessive" member state
deficits; and represents the Commission in the
Eurogroup "troika" (with Eurogroup Chair Juncker
and ECB President Trichet), including in the G-20
and in IMF-related issues such as balance of
payments support.  Spaniard Joaquin Almunia, the
outgoing ECFIN Commissioner, developed credibility
in this role, including in bringing excessive
deficit procedures against the UK, France and
Italy.  Indeed many thought it likely Almunia
would remain at ECFIN, although this may have
become uncomfortable for him with the tough
measures ECFIN may have to bring against Madrid
for its growing fiscal problems. 

¶11. (SBU) Certainly Finnish Commissioner Olli Rehn
was not the first name that leapt to mind as
Almunia's replacement, but as Enlargement
Commissioner he too has developed a reputation as
a strong character, openly disagreeing with even
big member states on such sensitive issues as
Turkey's EU accession and the Balkans.  Rehn, 46,
is in the Liberal group.  He was a member of the
Finnish Parliament from 1991 to 1995, and a Member
of the European Parliament (MEP) from 1995-1996,
becoming head of Cabinet for Enterprise and
Information Society Commissioner Liikanen from
1998 to 2002.  Liikanen has headed the Finnish
Central Bank since Rehn became Commissioner in
2004, following a year as Economic Adviser to the
Finnish Prime Minister.  Rehn, who comes into his
position representing one of the EU member states
seen as innovative, competitive and well-managed,
studied economics, international relations and 

BRUSSELS 00001616  004.2 OF 010 

journalism at Macalester College in Minnesota, and
has a PhD in international economics from Oxford.
The combination of Rehn's representing fiscally-
prudential Finland and his own strength of
character should help him push fiscal laggards
towards consolidation across the EU, although he
will likely also listen closely to the political
guidance of Barroso. 

Budget and Regional Policy: 

¶12. (SBU) At about $150 billion Euros, the EU
budget does not have much macro impact in the EU
economy Q in fact, it's explicitly limited to just
over 1.2 percent of EU GDP (while the member state
governments collectively spend closer to 50
percent) and the EU has a constitutional balanced
budget requirement.  That said, EU funds and
guarantees can play an important role in EU
support for third countries, and have a
significant impact in supporting the new Central
European members (see USEU Brussels 382).  And
because the budget is a zero-sum game, negotiating
any changes in it with the European Parliament can
be extremely difficult. 

¶13. (SBU) In this sense, Barroso's decision to
appoint Poland's Janusz Lewandowski as Budget
Commissioner is significant. A 58 year-old
economist who was active in the Solidarity
movement and who has lectured at Harvard,
Lewandowski became Chair of the EP's Budget
Committee when he became an MEP in 2004, and by
this time knows the ins and outs, as well as the
institutional tensions, of the brief.  Assigning
regional policy (the manager of the substantial
amount of the EU budget that goes to Central
Europe and other poorer regions) to Austrian
Johannes Hahn also makes sense, as Austria has a
strong interest in the health of the Central
European economies and Hahn will also wield the
funds that go toward rural development, an
important consideration for the Austrian
agricultural sector.  Hahn, who has a doctorate in
Philosophy and who often goes by the nickname
"Gio," has served as Austria's Federal Minister
for Science and Research since 2007. 

Horizontal Policies Q Competition, Internal
Market, S&T, Climate, Environment, Health and
Consumer Affairs
--------------------------------------------- -----
- 

¶14. (U) The main "horizontal" EU economic policies
are competition, internal markets, research and
development, environment, health and consumer
protection (as well as labor and education, but
these two policy areas are not considered in this
cable), all issue areas of increasing importance
to transatlantic economic relations. 

Competition: 

¶15. (SBU) The Competition Commissioner is
generally seen as the most powerful economic-
policy person in the Commission behind the
President, as this is the one area where the
Commission has autonomous power.  Current ECFIN
Commissioner Joaquin Almunia thus joins a long
line of well-known predecessors: Neelie Kroes,
Mauro Monti, Karel van Miert, Sir Leon Brittan and
Peter Sutherland to name the most recent.   Many
of these fought and won highly-publicized battles
with U.S. giants (Microsoft, Intel, Oracle, Sun,
GE, Honeywell, Boeing) over the impact of mergers
or dominant positions in the EU market, but they
have been equally tough on many top European
firms.  More recently, the Competition
Commissioner has also played a key role in
ensuring that massive state aid flowing to
European banks and other firms (including General
Motors) in the wake of the crisis do not distort
competition, often ordering remedies that could,
for example, decrease the EU presence in U.S. 

BRUSSELS 00001616  005.4 OF 010 

financial service markets. 

¶16. (SBU) As an economist and Commissioner who has
been deeply engaged in the EU response to the
financial and economic crisis, Almunia, 61, is
certainly well-versed in many of these issues.  He
is expected to take a lower-profile on many of the
competition and state aids cases, and his presence
may well help strengthen the voice of the Chief
Economist in DG COMP (potentially to the benefit
of U.S. firms under scrutiny).  Before coming to
Brussels, Almunia was twice a Minister in Felipe
Gonzalez's Socialist government, and indeed led
the party for three years, standing unsuccessfully
for Prime Minister in 2000.  Some wonder whether
he won't be softer on state aids given his
political past, but his job is to ensure bigger
member states don't support their industry to the
disadvantage of weaker.  And, as one of the older
Commissioners, he may not anticipate returning to
political life. 

Internal Markets and Financial Services: 

¶17. (SBU) The Internal Markets portfolio was among
the strongest when the then-European Community
implemented the Single Market; with enlargement a
considerable amount of its authority has seeped
away to other sectoral Commissioners.  It remains,
however, the voice to be reckoned with in the
Commission on Financial Services and the EU's
response to the financial crisis.  Once seen as a
"liberal Anglo-Saxon" on capital markets
regulation, in the aftermath of the financial
crisis current Irish Commissioner Charlie McCreevy
demonstrated that Commissioners as politicians can
and will over-ride their professional services,
and a number of the Commission's proposals on
hedge funds and private equity, derivatives and
capital requirements have created frictions with
Washington, London and New York.  In fact,
McCreevy is reported to have gone around the
Commission in getting the EP to propose an
amendment on derivatives that essentially forced
the industry to "volunteer" to commit to a central
clearing party platform. 

¶18. (SBU) Michel Barnier, a French conservative
MEP who has served as Foreign Minister, EU
Minister and EU Commissioner (1999-2004), is no
stranger to Brussels or European politics.  Nor is
he a stranger to transatlantic economic issues
as French Agriculture Minister in 2008, he created
the political backlash that defeated a Commission
proposal to finally end our long-standing "chicken
wars."  Barnier does, however, seem a bit of a
stranger to the financial services portfolio, and
France's intense lobbying to have its Commissioner
take this up implies Paris may try to take a more
hands on approach through Barnier.  This is
undoubtedly one reason why Barroso announced, when
answering questions about this assignment, that he
would assign the highly-respected Jonathan Faull,
now Director-General for Justice and Home Affairs,
to head DG MARKT under Barnier.  Both men are
likely to bring a strong emphasis on general
services liberalization and IPR protection to DG
MARKT, another area of critical interest to us. 

Research, Innovation and Science: 

¶19. (SBU) The Research, Innovation and Science
Commissioner oversees the EU's 50 billion euro
Seventh Framework Program as well as its network
of Joint Research Centers.  It is the main
counterpart for the extensive U.S.-EU Science and
Technology Agreement, has close ties to virtually
all USG scientific agencies, including NSF, NASA,
DOE and others; the Commissioner sits on the U.S.-
EU Energy Council established at this month's
U.S.-EU Summit. 

¶20. (SBU) Shifting the S&T portfolio to McCreevy's
Irish successor, Maire Geoghegan Quinn, is
immediately appealing given Ireland's reputation 

BRUSSELS 00001616  006.2 OF 010 

(now somewhat tarnished) as a "tiger" economy with
substantial U.S. high tech investment.   (Indeed,
Geoghegan Quinn was reportedly once a member of
the Board of the Ganley Group, a generally high-
tech private-equity investor owned by anti-Lisbon
Treaty activist Declan Ganley.)  Geoghegan-Quinn
will bring to the Commission nearly ten years on
the EU Court of Auditors, where she gained in-
depth insights into the workings of Commission
Programs, including the Research Framework
Programs.  A well-known Irish politician,
Geoghegan-Quinn, 59, became the first female
member of the Irish cabinet in 1979, and was
subsequently Minister for Tourism, Transport and
Communications and for Justice before retiring
from political life in 1997.  Some of her actions
reducing sentences may come up in her EP hearings. 

Climate: 

¶21. (U) Although he announced some weeks ago that
he would create a "Commissioner for Climate
Action" to reinforce the EU's intention to achieve
its ambitious "20-20-20" greenhouse gas reduction
goals, Barroso used the naming of his new
Commission to spell out what this means,
transferring to the new Commissioner most of the
climate change division of DG Environment.  The
Commissioner's responsibility is explicitly cross-
cutting, working most closely with the
Commissioners of Energy and the Environment. 

¶22. (SBU) And Barroso could not have signaled the
seriousness of his intent more clearly than by
appointing Dane Connie Hedegaard to this position.
Now Climate and Energy Commissioner of the Nordic
country, Hedegaard has the government's lead
preparing the December Copenhagen meeting of the
parties to the UN Framework Convention for Climate
Change, COP-15.  Globally well-known (one of
Time's Top 100 newsmakers for 2009), Hedegaard,
49, is seen as a dynamic if media-hungry
politician, who may run into conflicts with those
in the College who see a need to be more
"realistic" in transforming the European economy.
(These intra-college tensions will ensure that
Barroso and his Secretary General retain
considerable influence over climate policies.)
Embassy Copenhagen notes that while Hedegaard has
been a sometime critic of U.S. climate policy, she
is conversant with U.S. domestic climate politics
and has excellent personal climate contacts on the
Hill.  She has been willing to engage
constructively with the Embassy and U.S.
officials. 

Environment: 

¶23. (U) In ways, the EU focus on climate change
has overshadowed many of the other aspects of DG
Environment, which, like the EPA, is a major
regulator in Europe, proposing legislation and
regulations on chemicals, energy-efficiency,
biofuels sustainability, pesticides, air and water
quality and many other areas of direct relevance
to U.S. exporters and companies invested in
Europe.  While splitting out climate change from
DG ENV may not be to the liking of Director
General Karl Falkenberg, it may help provide much-
needed political attention to these other areas. 

¶24. (SBU) In this sense, the appointment of
Slovene Commissioner Janez Potocnik to the post of
Environment Commissioner should be positive for
us.  An economist, the 51-year-old Potocnik has
done well as Science Commissioner over the past
five years, and has demonstrated a strong
transatlantic leaning, including when he co-signed
a letter in Science magazine with the head of the
National Institutes of Health on joint funding for
U.S.-EU health research projects.  Whether he
wants or is able to bring a bit more sanity to the
EU's chemicals regulation Q REACH Q remains to be
seen. 

BRUSSELS 00001616  007.8 OF 010 

Health and Consumer Affairs: 

¶25. (U) Science at times has also been lacking in
the EU's approach to consumer safety, in
particular with respect to food safety, where
political perceptions of public desires have often
held sway despite scientific evidence.
Nonetheless, key U.S. regulatory agencies like the
Animal and Plant Health Inspection Service, the
Food Safety Inspection Service, FDA, the Consumer
Product Safety Commission and the Federal Trade
Commission have established good working relations
with their EU counterparts in this and other areas
of regulation, including pharmaceuticals, medical
devices and consumer safety and information.  This
despite the fact that their main EU counterpart,
DG SANCO, has had to report to two different
Commissioners since responsibilities for it were
divided between two Commissioners, now Vassiliou
and Kuneva, with enlargement in 2004. 

¶26. (SBU) We expect these transatlantic regulatory
relationships to continue to grow under the new
Commissioner, John Dalli of Malta.  The
reunification of health and consumer safety under
one Commissioner has been generally welcomed in EU
consumer circles, and Dalli, although unknown to r
Europe, may be a good chief.  Certainly this is
the view of the current President of Amcham EU,
Malta's Ambassador to the EU before he joined
General Electric and now Microsoft, who knows
Dalli well.  Malta has, however, not been an ally
on new food technologies in the past Q notably
generally opposing biotech approvals; a similar
political dynamic in her Cypriot constituency led
the previous SANCO Commissioner to be less than
courageous in supporting science over perceived
public opinion.  Dalli, 61, now Malta's Social
Policy Minister with responsibility for health has
held numerous other cabinet positions in the
Maltese government, including as Minister of
Finance, Foreign Relations, and Economic Affairs.
He too may face tough questioning in the EP for
old allegations of misconduct on government
contracts; his ties to Libya may also present
concern. 

Sectoral Policies
----------------- 

Agriculture: 

¶27. (U) The agricultural sector consumes nearly
half of the EU budget, including an expenditure on
subsidies that has long been a thorn in the side
of U.S.-EU trade relations.  This proportion has
been sliding as the EP Q long without a voice over
this part of EU spending Q whittled it away in
favor of internal policies.  The Lisbon Treaty,
however, finally gives the EP co-decision over
agricultural spending with the member states,
adding a major new political twist with which the
new Agricultural Commissioner Q and we -- will
have to contend. 

¶28. (SBU) Of the Commissioners available to him,
Barroso was right in telling the press that the
new Romanian Commissioner, Dacian Ciolos, is the
best qualified for the agricultural portfolio.
Before becoming Romania's Agricultural Minister in
late 2007, Ciolos, a 40 year-old horticultural
engineer, was Romania's representative on the EU's
sub-Ministerial Special Committee on Agriculture
and the Ministry's Under Secretary for EU affairs.
He has also worked in DG AGRI, and spent about 8
years in the 1990s working on agriculture and
rural development in France.  This French
connection disturbs some, especially from the UK,
but Ciolos is also seen as someone extremely
interested in modernizing and bringing science to
the sector. 

Industry and Entrepreneurship: 

BRUSSELS 00001616  008.10 OF 010 

¶29. (U) Now headed by German Guenther Verheugen,
the Enterprise and Industry portfolio in the
Commission has been on the decline; Barroso
accelerated this considerably in his Friday
announcement by saying the pharmaceutical, medical
devices and cosmetics units, as well as the
European Medicines Agency, would shift to DG
SANCO.  DG ENT was dealt additional blows by
losing its hold on the remainder of the Better
Regulation dossier, which has shifted to the
 Secretary General's office,as well as Verheugen's
lead over the Transatlantic Economic Council.
This in many ways leaves a rump directorate that
will be focused primarily on dealing with the woes
of the auto sector, as well as "entrepreneurship".
The weaker Commissioner will still have to play a
key role in trying to support the interests of
industry in ensuring EU regulation is not overly
onerous, especially on smaller businesses. 

¶30. (SBU) Italian Antonio Tajani, now Commissioner
for Transport, is at best moving laterally; some
feel the shift to Industry may be a demotion.  The
56 year-old Tajani, after 15 years in the European
Parliament, is not seen as having had much impact
in the Commission, although to be fair he has been
there only seven months (he replaced Franco
Frattini when the latter became Italy's Foreign
Minister).  Tajani, a career soldier journalist
and politician is close to Berlusconi and was at
the creation of the Forza Italia.  DG ENT staff
are not convinced he can bring a new dynamism to
the Directorate. 

Transport: 

¶31. (U) The Transport Commissioner position Tajani
leaves is immediately important to us as the U.S.
and EU are negotiating the "second stage" of our
Open Skies agreement the first half of 2010.
Transport will be made into its own Directorate-
General, with the half that reported to Tajani
splitting from energy.  The new Directorate
General will also oversee the European Aviation
Safety Agency, the European Railway Agency, the
European Maritime Safety Agency and the Trans-
European Transport Network Executive; it will lose
control over state aid decisions in the sector,
which will go to DG COMP.  The road and rail parts
of Transport, although not now high in our
bilateral relations, may become more so with
increased U.S. interest in Europe's high speed
rail (Transport Secretary LaHood explored this
when he visited Europe in May and November, and
Federal Railroad Administrator Szabo was here two
weeks ago) and EU interest in our experience with
intelligent traffic management systems. 

¶32. (SBU) The new Transport Commissioner, Estonian
Siim Kallas, 61, does not bring much specific
background to the post, but the former President,
Foreign and Finance Minister of the small Baltic
republic has built a reputation among ranking
Commission officials as a shrewd operator,
including in his oversight of the rotation of
senior Commission posts. 

Maritime Affairs and Fisheries: 

¶33. (U) Responsible for the Integrated Maritime
Policy and the Common Fisheries Policy, this
Commissioner is charged with balancing the
economic potential of the oceans and seas with
protecting the marine environment and meeting the
needs of coastal communities.  It works closely
with the European Environmental Agency.  Guiding
the Integrated Maritime Policy in the fields of
spatial planning, comprehensive marine research
and data collection, maritime surveillance, along
with economic and political concerns of the
Baltic, Mediterranean, and Arctic regions requires
a deft touch with other EU Services and agencies.
Managing the competing economic and environmental
demands of European fisheries, and the highly
charged political interaction with Member States, 

BRUSSELS 00001616  009.2 OF 010 

is an unenviable task. 

¶34. (SBU) Putting a Greek in charge of anything
having to do with maritime affairs, as Barroso has
done with his nomination of Maria Damanaki, will
certainly bring an interesting dynamic to the
portfolio, and indeed to the College of
Commissioners.  The issues that affect the
shipping industry are critical to Athens, and
Damanaki is apt to focus on commercial shipping,
as current Maltese Commissioner Borg does.  A 57-
year old chemical engineer who became active in
the fight against the Greek Junta, her personality
may mesh well with Siim Kallas', helping reduce
the struggles between MARE and Transport.  In
fisheries, she is likely to support France and
Spain with a continued focus on the economic
problems of the EU fishing fleets rather than on
conservation efforts, increasing US concerns about
managing endangered species and magnifying our
difference on quotas for bluefin tuna and other
commercially valuable catches. 

Energy: 

¶35. (U) Energy and energy security have loomed
large on the EU policy radar since the January 1,
2006 cut-off in Russian gas deliveries to Ukraine.
EU powers in this area, however, have been
limited: while it promoted internal energy market
liberalization through Single Market mechanisms,
the EU only gets the right to act on external
energy security issues with the Lisbon Treaty.
Barroso clearly wants a greater focus on this
issue, and used the announcement of Commissioner
portfolios to confirm that DG Transport and Energy
would be split into two, with energy under the new
German Commissioner, Gunther Oettinger. 

¶36. (SBU) Oettinger, now Minister President for
the state of Baden-Wurttemberg, was named
Germany's Commission candidate in October despite
any European bona fides.  Many, including in the
German community in Brussels, were disappointed in
the nomination, saying Merkel wanted only to get a
poorly performing Oettinger out of a critical
electoral state.  This may be one reason Oettinger
was not given a more significant role.  This,
coupled with Germany's dependence on Russian gas,
its opposition to a common energy market, and
Oettinger's statements that the Commission "not
exceed it competencies," raises questions about
how hard he will push to diversify Europe's gas
supply.  Oettinger has a background in law and
economics.  He entered the Baden-Wurttemberg
assembly in 1984 and became minister-president in
2004.  As minister-president, he increased Baden-
Wurttemberg's 2020 renewable energy targets to 20%
- consistent with EU legislation, but observers
note Baden-Wurttemberg's wind production is well
below the EU's average.  Baden-Wurttemberg is also
home to auto manufacturers Porsche and Daimler. 

Information Society Q now "Digital Agenda": 

¶37. (SBU) The Digital Agenda/Information Society
portfolio has grown steadily in importance, as the
sector has expanded its weight in the EU economy.
The new Commissioner will oversee finalizing a 10-
year EU "Digital Agenda" to replace the i2010
program, in outlining the specific policy actions
needed to position the EU ICT market for the next
decade.  The Digital Agenda will focus on
strengthening the EU ICT single market and using
ICT to boost economic growth and recovery.  A
major task will be implementation of the newly
passed EU telecoms regulatory reform Q including
launching a new EU regulatory agency, expanding
the Commission's competition powers over the
sector and improving spectrum management.  The
Digital Agenda will also cover improving broadband
access and quality, digital content, and continued
responsiveness to consumers. 

¶38. (SBU) With a growing portfolio, Competition 

BRUSSELS 00001616  010.4 OF 010 

Commissioner Neelie Kroes' shift to Digital
Economy can be seen as lateral, though in practice
her influence will likely wane.  Kroes is a strong
transatlanticist whose extensive business
credentials led to surprise when she aggressively
pursued competition cases against major U.S. ICT
firms, EU energy firms, and a number of cartels
during the first Barroso term.  Kroes' extensive
familiarity with the U.S. ICT sector should be a
plus, especially given her recent make-up with
Microsoft.  She has the potential to make major
headway toward an integrated EU ICT market and
will closely monitor telecoms incumbents for
market abuses and to protect consumers' rights.
Kroes likely will continue the tradition of close
consultation with the U.S. she developed as
Competition Commissioner, though with new U.S.
agencies. 

Comment
------- 

¶39. (SBU) Barroso had little choice over whom the
member states would appoint to serve with him in
the College of Commissioners, and he was pushed by
all 27 capitals to give one portfolio or another
(six, for instance, reportedly vied for Energy). 

¶40. (SBU) Given these constraints, Barroso has
done a good job.  Some capitals will be concerned
(Nicosia, potentially Rome), and some portfolios
will probably cause problems for us, but in the
main the assignments look generally positive for
U.S. interests and transatlantic relations. 

¶41. (SBU) The Commissioners, however, will all
grow into their portfolios in the coming weeks,
not least as they go through extensive hearings
through January before a stronger, and more
activist, European Parliament intent on
demonstrating its populist credentials.  We do not
discount the likelihood that some of the
candidates noted above may have to withdraw before
the January 26 vote on the College, as happened in
2004.  In this event, however, the portfolios are
unlikely to change. 

¶42. (SBU) Given this need for confirmation, it may
be premature to reach out now to formally
congratulate the candidates, especially those who
will be new to the Commission.  That said, early
contact after confirmation, and early meetings
next year, can only help smooth transatlantic
cooperation across the swathe of U.S.-EU economic
policy issues. 

MURRAY

We would love to be informed of other interesting finds in the above cable.

The Cost of Using Microsoft

Posted in Site News at 8:34 am by Dr. Roy Schestowitz

Here comes the SAN

Sun and cloud

Summary: Businesses and individuals left without access to their data as yet another major downtime hits Microsoft’s so-called ‘cloud’

IT IS bad enough to rely on Fog Computing but even worse to rely on Microsoft for it. It’s not just that Microsoft is an abusive monopolist; its products are inferior too and it shows.

So, several people let us know that Microsoft’s office 360 (5 days of downtime) is “down yet again”.

Homer (Slated.org) writes: “At this rate they’ll have to rename it “Office 3.65″.” He quotes an article which says that “Microsoft scrambles to restore Office 365 services

“More questions will be being asked today over the reliability of Microsoft’s cloud service Office 365 after the vendor’s hosted software suffered an outage last night. [...] but this is the second time in as many months that there have been problems in the four month old hosted application suite.” (from microscope.co.uk)

Another link was actually sent to us by a reader, linking to The Inquirer which states:

Microsoft’s Hotmail and Windows Live knocked offline

SOFTWARE HOUSE Microsoft watched as its online services including Hotmail went down for a few hours last night.

The firm’s services, including Hotmail email, Skydrive and Office365 were knocked offline and so far the reasons behind the outages are unknown.

However, they are coming back online. Earlier today a tweet from the Office365 Twitter account said that all users there should be satisfied. “Thanks for your patience. We believe service is restored for all Office365 users,” it said.

It is funny that they rely on Twitter. Had they relied on a Microsoft service, perhaps that too would be down. But Twitter uses GNU/Linux. Maybe Microsoft should get a clue.

The downtime was serious enough for Microsoft apologists to speak about (cover rather than cover up) and Mr. Pogson, a critic of Microsoft, says that Microsoft cannot keep a DNS server running. To quote: “A DNS service is a simple server/cluster with a configuration. It’s easy. It’s a well-defined protocol. Yet M$’s cloud came crashing down because of a failure of DNS for hours. Was there no one awake to reboot the servers?”

It is being suggested that Hotmail too was down. Too much interdependence? No redundancy? Typical Microsoft.

“Microsoft’s online services briefly go dark,” explains Steven J. Vaughan-Nichols in his post which explains:

This has not been a good month for the Internet’s core address system: the Domain Name System (DNS). First, there was a man-in-the-middle attack on numerous Web site users caused by a Turkish cracker. Now, according to Microsoft, many of its online services were disabled by a DNS failure.

At first, some people thought this collapse of Office 365, Hotmail, SkyDrive, and other Windows Live programs might be due to problems with Windows Azure cloud or other Windows server problems. It quickly became apparent though that it was a DNS problem.

Microsoft’s senior vice president for Windows Live, Chris Jones, has been keeping users up to date on how the company is handling the problem on the Inside Windows Live blog. By 12:45 AM Eastern time, Jones reported that “We believe we have restored service for all customers at this time. We will continue our investigation into the root cause of these issues and post an update following our investigation. Again we appreciate your patience and apologize for the inconvenience.”

Well, until next time. Microsoft has a very poor track record in that regard.

Cablegate Makes Considerable Difference in IT

Posted in America, Microsoft, Office Suites, Open XML, OpenDocument at 8:12 am by Dr. Roy Schestowitz

Julian Assange
Photo by Espen Moe

Summary: The impact of leaked diplomatic cables on current affairs and perceptions people have about companies, government, and elected officials

OVER the past day or two we have been receiving a record number of links to this site, mostly pointing to Cablegate posts. People from all over the world share with their friends what they previously suspected but could not prove.

One person from Brazil is pulling skeletons out of Microsoft’s closet and embarrassing the cowardly, supine government at the same time. Following some blog posts about American diplomats lobbying for OOXML (including our own post), we are notified about this very detailed post which provides further background to the leak from someone who was nearby:

Let me make clear here that I don’t believe that this meeting between Microsoft and the major representative from the American Government in Brazil has been a personal initiative of Mr. Michel Levy, but for me it was an corporative initiative. Even being a Microsoft employee, Mr. Michel Levy is a Brazilian, and I prefer not to believe that he has, on its own initiative, decided to start an initiative to put the American Government against the Brazilian Government, thus violating our sovereignty and our national technical merit.

The first question that I leave here is on how many other countries that voted NO to OpenXML the same kind of initiative also happened, and how much of these countries “have accepted” an eventual intervention by the U.S. government.

Yes, the intervention may have occurred, because if you notice the general line of argumentation used here in Brazil, the national technical decision is presented as being an initiative against the Intellectual Property Rights (IPR), and one of the things that cause retaliation in free trade agreements with the United States are eventual IPR violations. I have my own collection of rumors from the times of OpenXML, where possible sanctions motivated by IPR violations were brought to the negotiation table to get the governmental votes in some countries (if your country has changed the vote after the voting in September 2007, please investigate and you will probably find a ‘key’ governmental role on that vote changing). Maybe one day, WikiLeaks could help us to investigate that too!

[...]

Finally, they try to insinuate that the ODF is an anti-American standard. I confess that I would like to know what IBM, Oracle, Google and Red Hat (and other North American companies) think about the that, since they work hard on the past years on its development and worldwide adoption. Actually I prefer that these companies explain directly to the American Government if the ODF is anti-American, and I still hope they ask clarification from the American Government about Microsoft’s similar initiatives in other countries during the 2007 and 2008 years.

For those who did not follow the whole story, the ODF was adopted in Brazil, OpenXML rejected here and just didn’t had a major role on the international scene, because we were silenced on the last day of the BRM, just when we would submit a proposal that could change the end of this history. I’ve already told this story here.

Special thanks to WikiLeaks, for helping us get the skeletons out of the closet. For those who want to understand how Microsoft deals and negotiates with governments that have pro-FLSOO policies, it’s worth reading this other cable here.

Well, now there is proof too.

Several days ago we found out what American government officials were saying about Neelie Kroes. We published this yesterday and Jan Wildeboer notes that there is plenty more where that came from. Sooner or later we shall get around to it. This promises to change the way Microsoft and its lobbying practices are widely perceived.

2011 Patent ‘Reform’: Change We Can’t Believe in

Posted in America, Apple, Law, Patents at 8:01 am by Dr. Roy Schestowitz

David Kappos

Symbolic change at best

Summary: Why the so-called ‘patent reform’ is still somewhat is a sham; Apple continues to exploit the broken patent systems to block Linux sales

So as we mentioned yesterday, there is something called “patent reform” being passed for Obama to sign (all the links we cite by the way also contain a discussion about software patents). Thankfully, nobody in the press seems to be pretending that it really resolves much. Information Week has some details about it and the Washington Post does not say much. From the CNN there is the usual propaganda about “Sweeping patent changes poised to become law”. Sweeping? Really?

This whole thing is more like the hijack of the term “reform” to mean not what everyone means by it.

A paywall-guarded site currently speaks of:

Potential upcoming changes to business method and software patents America Invents Act — H.R. 1249 §18

Congress is currently on the verge of passing patent reform legislation.

As far as we know, no changes has been made to those types of patents. It was a wasted opportunity although no real opportunity was ever given to substantial changes. It’s like asking a stubborn teenager to tidy up a messy room, whereupon the teen just sprays the room and calls it “job done”.

While Apple is fighting for Android embargo using the most ridiculous claims and fake evidence (lots of prior art exists) there is at least a parody which helps show how insane this whole “IPR” system has become:

A German court has banned all TV sets and cars from being sold in Germany. A judge said, “They all look the same.” The Court based this decision on the recent decision made by the Düsseldorf Regional Court. The court said that no other company other than Apple can sell tablets in Germany as it thinks all tablets look like the iPad.

The German court this morning upheld a ban on the Samsung Galaxy Tab stating that it looks too much like the iPad. The media around the globe has been providing evidence that not only Apple’s design patent is invalid as there are examples of prior art, but also that it’s completely different from the Galaxy Tab.

On a more serious note, “German Court Upholds Ban On Samsung Galaxy Tab” is the news, with Slashdot summarising it as follows: “It seems Samsung has finally lost the battle against Apple in Germany. Today the district court in Düsseldorf ruled that Samsung must not sell its Galaxy Tab 10.1 in Germany. Furthermore, it has banned Samsung Germany from selling the Galaxy Tab 10.1 anywhere in Europe.”

As one USENET poster points out: “Will this stupidity never end? When will Apple fight competition on product value in an open market instead of resorting to bullying tactics in the courts?”

It is being reported that Android is about to beat iOS in terms of application downloads. This is the real reason Apple is suing. “Android to overtake Apple in app downloads” says the headline of the new article which has these numbers :

Android could notch 8.1 billion app downloads this year, compared with 6 billion for Apple’s iOS devices. That marks an explosion of growth for both platforms; Apple had 2.7 billion downloads and Android recorded 1.4 billion last year. The total number of application downloads is expected to grow by 144 percent this year, Ovum said in a report issued today.

No wonder Mr. Jobs is angry. Apple is exploiting a broken system — a system that should be fixed before it causes yet more damage. Cablegate has some useful material on the process of legislation the public is not allowed to know about (sensitive and/or classified “confidential”). Joy ahead thanks to Wikileaks.

Carol Bartz: Her Job is Done

Posted in Microsoft, Ron Hovsepian at 7:45 am by Dr. Roy Schestowitz

Bartz recruited to attack Google, Elop installed to bury MeeGo and sue Android with patents, Hovsepian used to attack Red Hat


Yahoo! Blog from Sunnyvale, Creative Commons Attribution 2.0
Generic license (caption added by us, with Ballmer’s words)

Summary: Bartz is out, but she was a temporary pawn all along

A couple of years ago Bartz [1, 2] and Ballmer posed for the cameras in the same way Elop and Ballmer did half a year ago and Hovsepian and Ballmer did in 2006. All those handshakes were the formal handover of car keys to Ballmer. Hovsepian was emitted from his chair a few months ago, Elop plans to leave next year (according to several sources), and Bartz has just been fired (after many former Microsoft executives had been installed inside Yahoo!). It is not as bad as it sounds. Their goal was accomplished as the companies they pretended to be CEOs of were put in the hands of Microsoft.

What does that teach us about deals with Microsoft? We have a special wiki page about it. Microsoft is very manipulative and this destroys good companies that once provided more choices to the market. Without choice, the monopoly or duopoly of Microsoft and Apple is under no pressure to actually innovate. They can also take away people’s technological rights, making antifeatures the ‘standard’. Techrights strives to expose this sheer anti-competitive abuse.

09.09.11

Links 9/9/2011: NASA and Linux, Samsung Not Buying MeeGo

Posted in News Roundup at 7:20 pm by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

Free Software/Open Source

  • Web Browsers

  • Oracle/Java/LibreOffice

    • Oracle v. Google – Google’s Expert Report and a Jury Issue

      In our article from September 2nd on the Oracle/Google copyright issues, we included a number of declarations, including that of Prof. Owen Astrachan of Duke University. There were two exhibits identified in the Astrachan declaration, but neither of the exhibits were available at that time. Now Exhibit 3, Astrachan’s Rebuttal Expert Report 391 [PDF] is available in redacted form, and we have reproduced it below.

    • How Open is Oracle?

      Oracle’s history with Sun’s open source projects is one that did not start out well. The openSolaris project was killed off, Apache has left the executive committee of the Java Community Process and multiple projects have been forked including OpenOffice (with LibreOffice), Hudson (with Jenkins) and MySQL (with MariaDB). Oracle has also launched legal action against Google over Java in Android.

  • BSD

    • The New Installer Of FreeBSD 9.0

      FreeBSD 9.0 Beta 2 was officially released yesterday, about one month’s late, but it comes with several new features. One of the new features to FreeBSD 9.0 is a new installer (pc-sysinstall) for this BSD operating system, which the developers have requested that it be put through its paces.

  • Openness/Sharing

    • UniPro: Open Source Bioinformatics Business with UGENE

      Unipro: Unipro is a small company with about 60-70 software engineers. The company expertise is focused on the following areas: compilers and low-level optimizations development, virtual machines development, quality testing, parallel and cloud-based computing.

  • Standards/Consortia

    • Google adds offline support to Docs

      Google Docs is a popular tool for collaboration and web-based document creation: boasting compatibility with common file types including Microsoft Office and the Open Document Format, a generous helping of free storage space, and easy to use web-based tools, it’s proving a tempting move for those unwilling to shell out for the latest iteration of Microsoft’s offering.

Leftovers

  • Cablegate

  • Finance

    • “Fraud As a Business Model”

      There were many factors that contributed to our recent financial bubble: deregulation, cheap money from the Fed, failure to enforce remaining regulations, crony capitalism, hubris, speculation, leverage, and fraud among other problems. While fraud wasn’t the only issue, it was and is a significant contributor to the credit bubble. Restraining fraud is a necessary but not sufficient condition for a sound financial system. Congressional investigations in recent years have put ample evidence of fraud in the public domain.

    • Goldman Sachs: More Than A Travesty Of A Mockery Of A Sham

      Goldman Sachs isn’t the only bank to rip-off its clients and America. But because it is the best at what it does it is the most profitable bank in the world, for now.

      Regular, old everyday trading is the key to Goldman’s success.What does that mean? I’m not talking about Goldman’s “big short” and how it bet massively against the subprime mortgage market while simultaneously selling huge quantities of designed-to-fail mortgage securities to its own customers.

  • Privacy

    • No, technology is not going to destroy your privacy in the future
    • Hurt Locker File Sharing Suits Come North: Federal Court Orders ISPs to Disclose Subscriber Info

      File sharing lawsuits involving the movie the Hurt Locker have been big news in the United States for months as tens of thousands of lawsuits have been filed. It now appears that the lawsuits are coming to Canada as the Federal Court of Canada has paved the way for the identification of subscribers at Bell Canada, Cogeco, and Videotron who are alleged to have copied the movie. Late last month the court ordered the three ISPs to disclose the names and addresses of subscribers linked to IP addresses alleged to have copied the movie. The ISPs were given two weeks to respond and are entitled to be reimbursed for their expenses. In reaching its decision, the court cited the BMG Canada v. Doe case, the last major Canadian case involving peer-to-peer file sharing lawsuits. That case opened the door to further lawsuits, though it established some privacy safeguards. In this instance, the court cited PIPEDA as evidence that the personal information can be disclosed as well as federal court rules for the legitimacy of the claim and the necessity of acquiring the information for the lawsuit to proceed. There is no indication that the ISPs challenged the order or that there was an opportunity for a public interest intervention as was the case in the earlier CRIA lawsuits.

  • Intellectual Monopolies

    • Copyrights

      • Canada to U.S.: please blacklist us!

        Hyper-vigilant Internet Law Prof Michael Geist seems to be the first to have combed through the latest batch of WikiLeaks diplomatic cables, searching for any document containing the words “Canada” and “copyright.”

      • Long-awaited copyright bill returns, but top court to wade in too

        Heritage Minister James Moore says he’s hoping for long-languishing amendments to the Copyright Act to pass by Christmas, but the Supreme Court of Canada could wind up forcing more tinkering with the law.

        Canada’s top court said Thursday it will rule on five separate intellectual property cases together as a bundle, and what it decides could directly impact the Act or at least its interpretation.

Journals of Record Complain About Bill Gates’ Lobbying and AstroTurfing in the Education Arena

Posted in Bill Gates, Deception at 3:18 pm by Dr. Roy Schestowitz

Summary: A Microsoft-saddled education system and an increasingly-privatised infrastructure is being promoted by the Gates Foundation while top publications do take notice

THE WORLD’S most publicised monopolist, Bill Gates, has spent billions just marketing himself, alleged donations aside. Clearly his PR efforts have not been sufficient because the corporate press still steps ‘out of line’ sometimes. It publishes articles that expose Gates’ real agenda, despite fear of backlash and retaliation. Two of the arguably most highly regarded journals of record in the United States are the New York Times and Washington Post (a de facto pairing). Both have published critical piece about Gates despite his regular visits to those publishers. Those who wish to believe that Techrights presents a biased/fringe point of view ought to pay close attention to the way corporate press catches up with blogs and slowly comes to accept that the bloggers were right all along. First of all, the biasing of Harvard studies (to suit the agenda of the Gates Foundation) is a subject finally being addressed by Valerie Strauss, who writes:

Why would the Bill & Melinda Gates Foundation, the world’s richest foundation, hand over a $500,000 grant to Harvard, the world’s wealthiest university?

It turns out that Harvard, in July, was given a $500,000 grant fromGates, which has its financial tentacles deep in the education world and beyond, to do the following, according to the foundation’s Web site:

[...]

Who knew Harvard, with a $27 billion-plus endowment, needed Gates money for this?

Descartes imagined “Cogito ergo sum” without a Gates grant, but these days, even re-imagining comes under the Gates umbrella of largesse.

It is fair to wonder if educational institutions that take Gates money feel obliged to consider the education positions of Bill Gates.

Gates supports modern reform efforts that unfortunately apply business principles to the public education system, which is not a business but rather a civic institution, the most important one in the country.

[...]

About a decade ago, Gates decided that small schools were the answer to the high school dropout problem, so from 2000-2009 he poured in about $2 billion to help reform high schools and improve graduation rates of minority students — with most of the money going to create small schools out of large drop-out factories.

When standardized test scores didn’t go up, Gates pulled out his money and declared the effort pretty much a failure. It wasn’t entirely, but he moved on, now, to teacher assessment as the answer to troubled schools. Teacher assessment systems in many districts are in dire need of reform, but not the kind that is dominated by standardized test scores.

Do we really want experimenting philanthropists to have a role driving education policy?

One last thing:

Next time the Gates foundation decides to hand over big bucks for re-imagining, please note: For a tenth of what you gave Harvard, the education reporting team at The Post will re-imagine anything you want.

There is a lot more in that article. This author has, in general, been doing good investigative work for over a year. The paper she contributes to has wide circulation among politicians so we hope that she continues to reaffirm our position as she does. They recently got rid of Melinda Gates, so it ought to be easier to speak freely and speak truth.

The complaints from Strauss are further amplified by Ravitch, as usual. Both ladies do a good job speaking for teachers rather than corporations. Here is a good post from around the same time:

Diane Ravitch on Corporatization of Public Education

[...]

Perhaps it was the agreement between the Gates Foundation and the Pearson Foundation to write the nation’s curriculum. When did we vote to hand over American education to them? Why would we outsource the nation’s curriculum to a for-profit publishing and test-making corporation based in London? Does Bill Gates get to write the national curriculum because he is the richest man in America? We know that his foundation is investing heavily in promoting the Common Core standards. Now his foundation will write a K-12 curriculum that will promote online learning and video gaming. That’s good for the tech sector, but is it good for our nation’s schools?

Oh, and one more outrage: The Gates Foundation and the Eli Broad Foundation, both of which maintain the pretense of being Democrats and/or liberals, have given millions to former Florida governor Jeb Bush’s foundation, which i s promoting vouchers, charters, online learning, test-based accountability, and the whole panoply of corporate reform strategies intended to weaken public education and remove teachers’ job protections.

New York TimesIf Bill Gates can control this system, he then controls a budget of half a trillion dollars per year and also gets to decide what children’s minds get filled with. Scary thought, no?

Here is the AstroTurf roundup from the New York Times:

They described themselves simply as local teachers who favored school reform — one sympathetic state representative, Mary Ann Sullivan, said, “They seemed like genuine, real people versus the teachers’ union lobbyists.” They were, but they were also recruits in a national organization, Teach Plus, financed significantly by the Bill and Melinda Gates Foundation.

For years, Bill Gates focused his education philanthropy on overhauling large schools and opening small ones. His new strategy is more ambitious: overhauling the nation’s education policies. To that end, the foundation is financing educators to pose alternatives to union orthodoxies on issues like the seniority system and the use of student test scores to evaluate teachers.

In some cases, Mr. Gates is creating entirely new advocacy groups. The foundation is also paying Harvard-trained data specialists to work inside school districts, not only to crunch numbers but also to change practices. It is bankrolling many of the Washington analysts who interpret education issues for journalists and giving grants to some media organizations.

[...]

Mr. Hess, a frequent blogger on education whose institute received $500,000 from the Gates foundation in 2009 “to influence the national education debates,” acknowledged that he and others sometimes felt constrained. “As researchers, we have a reasonable self-preservation instinct,” he said. “There can be an exquisite carefulness about how we’re going to say anything that could reflect badly on a foundation.”

[...]

The foundation paid a New York philanthropic advisory firm $3.5 million “to mount and support public education and advocacy campaigns.” It also paid a string of universities to support pieces of the Gates agenda. Harvard, for instance, got $3.5 million to place “strategic data fellows” who could act as “entrepreneurial change agents” in school districts in Boston, Los Angeles and elsewhere. The foundation has given to the two national teachers’ unions — as well to groups whose mission seems to be to criticize them.

“It’s easier to name which groups Gates doesn’t support than to list all of those they do, because it’s just so overwhelming,” noted Ken Libby, a graduate student who has pored over the foundation’s tax filings as part of his academic work.

An early example of the increased emphasis on advocacy came in 2008, when Mr. Gates teamed with Eli Broad for a campaign aimed at focusing the presidential candidates on issues like teacher quality and education standards. The Gates Foundation spent $16 million on the effort.

Mr. Gates later acknowledged that it achieved little, but in the years since, the foundation has helped leverage sweeping changes. Its latest annual report, for instance, highlights its role — often overlooked — in the development and promotion of the common core academic standards that some 45 states have adopted in recent months.

Well, a lot more examples are included in this article, but to keep compliant with fair use, we’ll end it there. It is encouraging to see the press waking up.

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