01.20.09

Gemini version available ♊︎

Has Microsoft Just Invested in Another Lawsuit Against IBM?

Posted in Europe, GNU/Linux, IBM, Microsoft, Servers at 11:18 am by Dr. Roy Schestowitz

“Microsoft hardly needs an SCO source license. Its license payment to SCO is simply a good-looking way to pass along a bribe…”

Bruce Perens

From the BBC this morning:

US computer company T3 Technologies has said it has filed a complaint against IBM with the European Commission.

It accuses IBM, the world’s largest technology services company, of “abusing its monopoly power in the mainframe industry”.

Now, let’s take a look at the homepage of T3 Technologies (http://www.t3t.com/). Here is what’s at the front page.

T3 lawsuit IBM

Anything coincidental there?

Sounds familiar? It should:

Thoughts welcome.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

13 Comments

  1. Shane Coyle said,

    January 20, 2009 at 11:48 am

    Gravatar

    Of course, "the terms of the investment agreement have not been disclosed", as always, but let’s have a look at the gist of the complaint, according to the article.

    T3 also contends that IBM withheld patent licences and certain intellectual property.

    “Only IBM now offers IBM-compatible mainframes and… controls over 99% of all existing IBM-compatible mainframes in use today,” T3 said in a statement on its website.

    In 2007, US software firm Platform Solution filed a formal complain with the European Commission, accusing IBM of refusing to license third parties and refusing to supply interface information on mainframes.

    But the case was dropped when PSI agreed to be bought by IBM.

    Now, tell me that if you didn’t s/IBM/Microsoft/g and s/Mainframe/Desktop/g it wouldn’t sound very familiar, and evil.

  2. Roy Schestowitz said,

    January 20, 2009 at 11:58 am

    Gravatar

    Yes, I’m no fan of IBM either, but this potential strategy of using other companies to sue your rival has got to stop. Apple is claimed a victim of this too. Maybe Google, as well (I gave loads of evidence here before).

  3. Shane Coyle said,

    January 20, 2009 at 12:54 pm

    Gravatar

    I agree, if that is indeed happening, it’s unethical and unfortunate – but, even then, isn’t Justice the point? Justice sponsored by Microsoft seems ironic, but it’s still Justice for all.

    According to a release on their site a few below the MS one, this company was hopping in on the PSI suit against IBM as well in 2007 – before MS gave them any money, and perhaps are now pursuing their own buyout or just are picking up the fight to carry it on.

    It looks like T3 at least has products and customers, and maybe they are legitimately looking for an even playing field. At the same time, the fact that IBM bought out the prior complainant bolsters their confidence that perhaps there is a case here – notice IBM’s complete lack of worry about SCO, in comparison.

    The enemy of my enemy is my friend, this is not a new strategy in any theater of conflict – be it business, or war.

  4. Gentoo User said,

    January 20, 2009 at 12:58 pm

    Gravatar

    A quick Google search turns up this from 2007. Perhaps you could find a Microsoft connection to that as well, and draw clever implications from it.

    It really would be amazingly foolish for this company to publish their relationship with Microsoft and the IBM lawsuit on their front page. At the same time. Uncharacteristic for this group of people who are so devious, isn’t it?

    It seems suing IBM over mainframe competition issues is an interesting cottage industry. Who knows what other legal actions have been taken that Google cannot find, or the ones that were settled and under-reported (see what I’m doing here, implying there is “more” when I have no proof whatsoever).

  5. lyle howard seave said,

    January 20, 2009 at 2:13 pm

    Gravatar

    The guys at Linux Outlaws podcast are having el senor bullshitter as a guest and are asking listeners to send in questions to Icaza:

    http://linuxoutlaws.com/blog/2009/01/miguel-now-included/
    http://linuxoutlaws.com/forums/viewtopic.php?f=7&t=1247

    Maybe you can suggest them a few since all points to a slobberfest by a Gnomefanboi.? (“Miguel, what color are your eyes?”)
    Theyre cool guys, big on free software but too nice to ask hard questions.

  6. Roy Schestowitz said,

    January 20, 2009 at 2:20 pm

    Gravatar

    Miguel at Linux Outlaws?

    The puns may never end.

    Will there be a Mexican (patent) shootout? If so, who will be the Outlaw? ;-)

  7. Mar Hyde said,

    January 20, 2009 at 2:25 pm

    Gravatar

    LOL……Even more than usual interesting listening then.

    Or are you just that precious Roy?? ;)

  8. Roy Bixler said,

    January 20, 2009 at 5:05 pm

    Gravatar

    It’s true that there is no proof that Microsoft is behind this. I also doubt that it’s purely a coincidence. I would liken it to the SCO vs. IBM case, where Microsoft was in the background. First, they bought a licence from SCO that they didn’t really need before any of SCO’s claims were proved in court. They also guaranteed Baystar’s investment in SCO, which gave SCO more time to press its claims in court before bankruptcy. At the least, this is “helping the enemy of an enemy.”

  9. Roy Schestowitz said,

    January 20, 2009 at 5:19 pm

    Gravatar

    As the title says, it invested but did not necessarily initiate this.

  10. The Mad Hatter said,

    January 20, 2009 at 5:36 pm

    Gravatar

    Wall Street Journal also has some coverage. This sounds a lot like Psystar. Or maybe T3 wants to be purchased.

    After all, there’s no reason they couldn’t run a BSD or Linux kernel based OS.

  11. Roy Schestowitz said,

    January 21, 2009 at 6:16 pm

    Gravatar

    Financial Times:

    Microsoft’s money backs an IBM adversary – again

    [...]

    “Take the complaint that has just been filed with the European Commission against IBM’s mainframe monopoly. T3, the Florida company that brought the case, was the recipient of a Microsoft investment just two months ago.

    “The size of that cash injection has not been disclosed, but it will certainly help to support an expensive legal challenge in Europe for a small private company that, by its own admission, has struggled since IBM blocked its mainframe ambitions.

    “Is it paranoia to see a Machiavellian motive behind Microsoft’s investment? There is certainly a pattern here.

    [...]

    “The most famous example, of course, was Microsoft’s financial backing for SCO Group, which brought a lawsuit against IBM over alleged intellectual property infringements in Linux. Though ultimately unsuccessful, the SCO case cast a cloud for years over the potential IP pitfalls in Linux. Who knows how important that was in limiting the damage to Microsoft’s operating system business?”

    http://blogs.ft.com/techblog/2009/01/microsofts-money-backs-an-ibm-adversary-again/

  12. Roy Schestowitz said,

    January 21, 2009 at 7:14 pm

    Gravatar

    Microsoft and its “talking heads” are already trying to deny this:

    Microsoft on the other end of the EC antitrust stick?

    No, no, it must be a coincidence… did anyone expect Microsoft to admit wrongdoing?

  13. Roy Schestowitz said,

    January 22, 2009 at 4:56 pm

    Gravatar

    Microsoft denies it is behind IBM anti-trust suit

    http://www.theinquirer.net/inquirer/news/571/1050571/microsoft-denies-ibm-anti-trust-suit

    Microsoft Says It’s Not Behind Latest IBM Mainframe Suit

    http://www.crn.com/software/212901760

    Microsoft also said the OOXML corruption process was “fair”.

DecorWhat Else is New


  1. Virtually (i.e. Online) and for Only One Hour the EPO's Staff Representation Was Allowed to Discuss Many Lingering Concerns

    “Report on the LSCMN meeting with VP4 of 9 November 2022″ (i.e. one month ago) is being circulated this week; “On 9 November 2022,” says the union or the local officials (Staff Union of the EPO, or SUEPO for short, has overlaps), “the Local Staff Committee Munich (LSCMN) met with VP4, Ms Nellie Simon, to discuss a number of prevailing local matters in a virtual meeting which had been scheduled, as had the previous one, for one hour only.” (the usual; they intentionally don’t allocate sufficient time)



  2. [Meme] António Campinos-Controlled (EPO-Commissioned) Surveys Are Just for Show (to Help 'Validate' Lies)

    The real EPO survey is not that one conducted by (and for) António Campinos



  3. European Patent Office (EPO) on the Decline, According to the Fifth Edition of the Technologia Staff Survey

    Today we share some documents that circulated amongst EPO staff yesterday; it's about this year's staff survey that was not conducted by the EPO itself (to serve EPO management and its twisted agenda



  4. Free Software is So Robust That Its Opponents Need to Travel 12 Months Back in Time in Order to Find Fear, Uncertainty, and Doubt (FUD) Material

    Microsoft- and Linux Foundation-connected sites help smear or stigmatise Free software (citing hostile 'experts'); this week they borrow news from 12 months ago to make a point



  5. IDG Has Resorted to Microsoft Marketing SPAM Instead of Actual Journalism

    Microsoft puff pieces are published as "opinions", disguised as "news" while in fact serving no purpose other than marketing



  6. Open Invention Network (OIN) Protects Amazon and AWS From Activists Like Us Who Want to Abolish Software Patents Through Reforms of the Patent Systems

    The Open Invention Network (OIN) does not exist to serve the Free software community but to work against it; the latest joining (AWS) proves this



  7. Sirius ‘Open Source’ and the Money Missing From the Pension

    Sirius ‘Open Source’ is unable to cope with basic legal requirements such as sending payslips to staff (this hasn’t been done for months already!) and such issues have gone on for almost 4 years already



  8. IRC Proceedings: Wednesday, December 07, 2022

    IRC logs for Wednesday, December 07, 2022



  9. Links 07/12/2022: ArcoLinux Beta 23.01 and Cryostat 2.2

    Links for the day



  10. [Meme] Where Did the Money Go?

    Sirius ‘Open Source’ became a company that cannot even do accounting right; pertinent technical employees had to do a lot of chasing for years just to get the basics rectified



  11. Evidence of Sirius ‘Open Source’ (or Sirius Corporation) Failing to Pay Pensions, Failing to Inform Staff, Not Responding to Staff

    The job my wife and I left this past Friday (after about 21 years combined) had turned sour years ago; hoping that this serves as a cautionary tale to others, we've decided to show pension lapses, lack of payslips, and excuses that accompanied that for years



  12. Links 07/12/2022: Blender 3.4 and Apple GPU Drivers Now in Asahi Linux

    Links for the day



  13. IRC Proceedings: Tuesday, December 06, 2022

    IRC logs for Tuesday, December 06, 2022



  14. Links 07/12/2022: Kali Linux 2022.4, GNUnet 0.19.0, and Pgpool-II 4.4.0

    Links for the day



  15. Subsidising the Likes of Rupert Murdoch is Not Supporting Journalism

    There are yet more attempts to tax citations; not only does that make no practical or moral sense, it's being lumped in or joined together with a must-pass "defence" (military) bill in order to suppress opposition



  16. Microsoft Layoffs Again

    The company behind Windows is in a bad state, but it is being propped up by the taxpayers; if rumours are true, Microsoft might get a lot smaller next year



  17. Microsoft is Killing Hospital Patients With Its Insecure-by-design Windows Operating System

    Many people continue to needlessly die because many hospitals still foolishly deploy Windows on mission-critical life-saving machines



  18. Sirius ‘Open Source’ Failing at the Most Basic Employment Regulations

    The company we left behind last week was a repeat violator of employment laws; to make matters worse, it led to its long-term or long(time)-serving staff becoming very baffled, having to contact the pension provider for clarifications



  19. Sirius ‘Open Source’: When the Company Stops Paying Your Pension and You Don't Know Until the Pension Provider Keeps Sending Physical Post to Alert You

    Today we turn our attention to pension blunders at Sirius ‘Open Source’; in recent years even something basic like pension contributions wasn’t smooth sailing



  20. [Meme] Sirius Open Source, Closed-Minded Bossing

    At Sirius ‘Open Source’, decisions are made in the dark without consultation with staff and many things go wrong as a result; of course the culprits never hold themselves accountable



  21. Links 06/12/2022: LibreOffice 7.5 Alpha and digiKam 7.9.0

    Links for the day



  22. Rumour: Very Large Microsoft Layoffs (Another Round) Next Month, Lists Already Being Prepared





  23. Benoît Battistelli in 2015: EPO is Ready to Start Unified Patent Court (UPC), Expect UPC in 2016

    We’re almost in 2023 and UPC is being delayed again; this is what EPO President Benoît Battistelli said way back in 2015 (official video from the EPO; 3:45-4:34 cropped apart)



  24. IRC Proceedings: Monday, December 05, 2022

    IRC logs for Monday, December 05, 2022



  25. Links 06/12/2022: FreeBSD 12.4 and Inkscape 1.2.2

    Links for the day



  26. Sirius Not-So-‘Open Source’: Cannot Talk to Colleagues, Cannot Speak About Work

    Cover-up and lies became a corporate pattern at the company where I had worked since 2011; it was time to go in order to avoid cooperation in unethical activities



  27. [Meme] Guilt by Association

    Sirius ‘Open Source’ has a history of hostility towards people with disabilities; the company got sued over this, but kept the lawsuit secret



  28. That Time Sirius 'Open Source' Fired a Blind Lady While Gagging Sympathetic Staff

    Sirius 'Open Source' was taken to court after it had wrongly fired a couple of employees, one of whom was blind; this was accompanied by lies about why the staff's communication server was shut down



  29. Links 05/12/2022: Gnoppix Linux 22.12 and Armbian 22.11

    Links for the day



  30. Unified Patent Court (UPC) is “Real Soon Now!” Since 2014

    The Unified Patent Court (UPC) lobby is once again forced to admit issues and delays; we've seen this time and time again for nearly a decade already


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