Bonum Certa Men Certa

When Microsoft-Only/Lock-in is Defined as “Technology”

Swiss flag



Summary: Microsoft manages to get away with abuse of taxpayers' money in Switzerland, thanks to an apparent lingual loophole

LAST YEAR WE wrote a lot of posts about Microsoft's illegal deals in Europe, including the suspicion that it is doing it this year in France and in Italy. Illegality here has to do with the lack of tender and the consideration of just one monopolistic company, to which taxpayers' money will get funnelled in order to further increase lock-in. One interesting case took place in Switzerland, where the matter was taken into court (just like in Quebec, where Microsoft lost last month [1, 2, 3]). Previous posts about the situation in Switzerland are:



  1. this country's crooked vote on OOXML
  2. Can the United Kingdom and Hungary Still be Sued for Excluding Free Software?
  3. 3 New Counts of Antitrust Violation by Microsoft?
  4. Is Microsoft Breaking the Law in Switzerland Too?
  5. Microsoft Uses Lobbyists to Attack Holland's Migration to Free Software and Sort of Bribes South African Teachers Who Use Windows
  6. ZDNet/eWeek Ruins Peter Judge's Good Article by Attacking Red Hat When Microsoft Does the Crime
  7. Week of Microsoft Government Affairs: a Look Back, a Look Ahead
  8. Lawsuit Against Microsoft/Switzerland Succeeds So Far, More Countries/Companies Should Follow Suit
  9. Latest Reports on Microsoft Bulk Deals Being Blocked in Switzerland, New Zealand
  10. Swiss Government and Federal Computer Weekly: Why the Hostility Towards Free Software?
  11. Switzerland and the UK Under Fire for Perpetual Microsoft Engagements
  12. Lawsuit Over Alleged Microsoft Corruption in Switzerland Escalates to Federal Court


According to Jan from Red Hat, Switzerland is still "0wn3d by Microsoft":

The court has decided. A tender would be disruptive to the Microsoft-only world of the swiss public. One of five judges disagrees and mentions that this effectively means there is no alternative to Microsoft and that this might not be what a free market is about.

I can only say “Congratulations” to Microsoft. Feel free to cash in the 47 million SFR of swiss taxpayers money and look forward to a perpetuum mobile. You now own the swiss public sector. This is what competition and free market is about?

The trick used here was to say that the BBL wanted to buy a defined “technology”. The “technology” however was the Microsoft range of products. By using this interpretation it was obvious that Open Source solutions cannot compete and therefore a tender was not needed.

This argumentation disrespects a fundamental fact IMHO – this “technology” is not available in a market – it is *only* available from a *single* vendor who sets the price, the features and the scope. With this fundamentally flawed argument Microsoft now effectively is even free to ask *any* price for its “technology”. A single-vendor market is typically not seen as a free market. But I guess in Switzerland they have a different definition in place. Is this a wise use of taxpayers money? I respectfully disagree.


Notice the trick that they use. Microsoft still uses its cult-like ecosystem to pretend that Microsoft is default "technology"; calling Microsoft technology is like calling or referring to Coca-Cola just as "beverage". Red Hat et al. will hopefully appeal this decision if they can. This is similar to the case in Quebec -- a case that Microsoft lost.

As Pogson put it yesterday:

The only thing preventing total collapse at the moment is the loyalty of the “partners” who are solidly locked in.


Microsoft partners too are a threat to Free software. That is why we mention companies like Novell too, for their contribution to Microsoft with Mono and Moonlight for example. Microsoft partners are part of the problem and Swiss partners of Microsoft were also playing a role in this country's crooked vote on OOXML. ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part XI - Losing Over a Million Pounds (Borrowed Money) to Try to Silence Critics of Restricted Boot With Microsoft-Controlled "Certificates"
Garrett is also very jealous of Daniel Pocock
Linux Kernel Needs Diversity and Diversity of Good Code, Not LLM Slop
Linux (and Linus) are kicking a can down the road
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 22, 2026
IRC logs for Thursday, October 22, 2026
Gemini Links 22/10/2026: Solar MiniBBS, Building Major Tom, and Zig
Links for the day
Links 22/10/2026: Busan’s Celebrity Shark in Canal Again
Links for the day
Links 22/10/2026: "Software Developers Have Been Promoted Into Incompetence"
Links for the day
Links 22/10/2026: eBay to Lay Off a Tenth of Staff (Again), Node.js and PHP Security Crises, Climate News
Links for the day
Red Hat Layoffs Still Going on This Week (Whilst IBM's Debt Grows in Spite of Mass Layoffs)
IBM is bluffing/cheating the shareholders again
IBM's Debt Continues to Increase While the Company Rapidly Shrinks
This is what a dying company looks like
Microsoft Shrinks Every Year
Microsoft will try to spin or twist this as "efficiency"
Gemini Links 22/10/2026: Holiday Inn and Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 21, 2026
IRC logs for Wednesday, October 21, 2026
Techrights Was Right About a Fake Security Model Built Around Lies or Built Upon Trust in "Certificates" and "Authorities" (like Microsoft)
We have begun to amass some media reports and blog posts from technical sites
Windows Monopoly is No Longer Sustainable (the Case of Oceania)
This is why Microsoft layoffs are happening all the time
Some Downtime Possible Shortly (Router Work)
We don't use PHP in the site anymore
Mass Layoffs at Microsoft This Week and/or Next Week
Cannot pull a bunny out of some hat
With Its Future on the Line, EPO Management (Dictatorship) Resorts to Further Escalations to Fake 'Production' and Curtail Industrial Actions
It's clear that with a yearlong campaign of industrial actions - including strikes - Campinos cannot save face anymore
Gemini Links 21/10/2026: Summer Day in Tokyo (30c in Late October) and Whole Food for the Whole World
Links for the day
Links 21/10/2026: "Zelensky Took the Gloves Off This Time With Convicted Felon" and "Cellebrite iPhone Radio Zero-Day"
Links for the day
Reuters is Becoming Slop, Not a News Agency (Treat Reports From Reuters Sceptically)
In their own words
Disclosure/s Crisis at The Register MS (Promoting a Ponzi Scheme for Money)
So now they sell several schemes/scams at the same time, not limited to the slop
Links 21/10/2026: "The Tragic Death of the Republican Party" and "No War But Data Center War"
Links for the day
Internet Relay Chat Still Growing
The numbers go up, not down [...] Don't believe the doomers
Intercontinental Brigading - Part X - American Back Doors Inside Our Computers, With Transatlantic Swatting Against Critics Thrown 'Into the Mix'
"If your Windows PC's Secure Boot certificates are out of date, your system is vulnerable to malware like rootkits."
Gemini Links 21/10/2026: A Walk Through Amsterdam and Pythagorean Theorem
Links for the day
More Mass Layoffs at Microsoft Weeks From Now, Then Again Months From Now
Microsoft's crisis is not limited to XBox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 20, 2026
IRC logs for Tuesday, October 20, 2026