Bonum Certa Men Certa

Google Sues the Government for Serving Microsoft and Not the Industry, Should Sue Microsoft for Racketeering Too

Sacramento town hall



Summary: Microsoft's illegal dealings with governments are increasingly challenged in the courtroom, but patent extortion too should drag Microsoft into court because it is probably a violation of the RICO Act

GOVERNMENT contracts are an area where taxpayers need to be served. Unlike a private unaccountable tyranny, a government is obliged to do what's best for those who elected it. Over in Switzerland, the government is still being sued for strictly requiring Microsoft software rather than specifying a required functionality and then looking at companies that provide that. We wrote about the subject in chronological order as follows:



  1. Microsoft Sued Over Its Corruption in Switzerland, Microsoft Debt Revisited
  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
  13. When Microsoft-Only/Lock-in is Defined as “Technology”
  14. Microsoft's Allegedly Illegal Swiss Contracts to Take People to Court Again


The United States is seeing a similar case now that "Google Sues U.S. Over Unfair Cloud Contract":

Google wants to compete for the government contract but the Request for Quotations (RFQ) "specified that only the Microsoft Business Productivity Online Suite-Federal (BPOS-Federal) could be proposed."

Google claims that a "Limited Source Justification" directive issued by the agency's director of the Office of Acquisition and Property Management on August 30, 2010, represents single-source procurement "that is arbitrary and capricious, an abuse of direction, and otherwise contrary to law."

This the second time in recent months that Google has allegedly run into this problem. The company made similar claims informally following the State of California's decision to award a hosted e-mail contract to Microsoft last month.

California officials denied Google's claims that the state's process was unfair.

Google's lawsuit against the federal government describes a courtship with DOI officials that began in June, 2009, during which, the company alleges, it received tips that Microsoft's success in the bidding process was pre-ordained.


There's more here and a lot of other news sites:

Google has set its sights on the business of the United States government, much to the dismay of the government. The company filed a lawsuit against the Department of the Interior on Friday over its request for proposals and quotes for a system to handle messaging needs. The request stated that the solutions had to use the Microsoft Business Productivity Online Suite, a requirement that Google is saying is "unduly restrictive of competition."


Now that Microsoft is suing Android distributors and moreover extorts (which is probably illegal), Google should also sue Microsoft for racketeering [1, 2, 3, 4, 5, 6, 7]. We previously suggested that Red Hat should do this, but Red Hat is already busy suing the Swiss government and it has not yet sued Microsoft based on the RICO Act. If nobody challenges Microsoft for it, the racketeering will carry on and expand to more victims.

Speaking of Android, the only way Microsoft thinks it can stop the momentum of this rival is apparently software patents it cannot name and one columnist believes that Steve Ballmer has "gone bonkers". To quote some bits:

I think it finally happened. We'd all been expecting it for a while now, but not quite so suddenly or emphatically: Steve Ballmer has gone completely insane. [When asked about Windows phone] Ballmer replied: "We're early; there's no question we're early. [...] I think we kind of nailed it. When you see it, you just go 'ooooh'." [...]

I suppose if we're talking geological time, then Ballmer's right, Microsoft is on the cusp of the smartphone epoch, and the dinosaurs just went for a dip in the tar pits. But in a market where a three-month-old device needs to be checked for liver spots and signs of dementia, spotting the competition three-plus years and then coming up with something that almost meets the smartphone standards set in 2007 is not exactly being early. It's certainly not "nailing" it -- unless we're talking about a coffin. [...]

In all, it seems like a fine but flawed phone. Fine but flawed isn't going to cut it. Fine but flawed doesn't win horse races. They don't put the Miss America crown on the head of the girl with pretty eyes and a nose like a rutabaga. You don't come back from the dead (or Windows Mobile 6, which is worse than being dead) and topple Apple, Google, or BlackBerry with a phone that's fine but flawed. You have to do better than that. [...]

But I'm thinking he's starting to lose it. I'm serious.

Think about it this way. You just lost the guy who was supposed to drag your company out of the last century and into the new one. He was preceded out the door by a half-dozen of your top lieutenants -- the ones who weren't already lured away by Google or Facebook. Financial analysts are asking you point blank if your company is, if not toast, then possibly a soggy bagel with mold around the edges. Despite buckets of profits, journalists are writing your obituary. [...]

At least I have my Halloween costume all set. I'm going as Frankenballmer. He's just the kind of guy you could see laughing maniacally while chasing people down the street with an axe. I can't think of anything scarier.


In the next post we are going to write about Microsoft's real results. It's not as rosy as it would have the corporate press print.

Recent Techrights' Posts

The Rumour Was True, Mass Layoffs at IBM Today
How widespread the layoffs are (or how they're disguised, e.g. PIPs) is hard to assess
 
Akira Urushibata on How Grokipedia Fails to Work
The Grokipedia article gives the wrong character for the "Ko" on "Koan"
Links 03/11/2025: Data Breaches, Wars, and Digital Censorship
Links for the day
Gemini Links 03/11/2025: Poetry, Old Androids and Small Shells
Links for the day
Links 03/11/2025: Internet Anniversary
Links for the day
Two Years of Uptime
Reboots are seldom involuntary
Richard Stallman is Giving Another Talk in Less Than a Fortnight
in two weeks' time (13 days from now)
Windows Falls Below 20% in the UK
Many people choose to leave Windows altogether
Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
what can Microsoft sell other than shares in Microsoft?
Evidence Regarding Layoffs at Red Hat
Seems like IBM layoffs
Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
Hallmark of pseudo-economics
GNU/Linux as a Boarding Pass
being mostly analogue is still feasible
Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
Links for the day
Gemini Links 03/11/2025: Books in October and Change
Links for the day
Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
The Web has become monocultural
Debian is Non-Free
Devuan might be worth looking into
Slopwatch: Brian Fagioli and LinuxSecurity
This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
Today we expect to be back to a more-or-less regular publication pace
Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 02, 2025
IRC logs for Sunday, November 02, 2025
Microsoft's Debt Has Skyrocketed by More Than 15 Billion Dollars in 6 Months or 8.2 Billion Dollars in the Past 3 Months Alone
The corporate media intentionally disregards - or merely turns a blind eye to - such data
Rumour: IBM Layoffs in Canada Starting Tomorrow
"RA (IBM's term for layoffs) Coming to Canada this week (Nov 3rd)"
Debunking False/Misleading Statements Made or Told to the High Court
People who try to cheat the system by gaslighting judges will end up discrediting themselves
Fear, Uncertainty, Doubt (FUD) by LLM Slop
The Web has become such a sordid mess that this FUD made by bots is what Google News deems to be "the news"
This Month's Analytics Show Vista 11 Down, GNU/Linux Up
After pulling the plug on Vista 10 we see losses - not gains - for Vista 11
Almost Fully Caught Up
The EPO series will continue very soon, maybe tomorrow or on Tuesday
Links 02/11/2025: Another Halloween Bust and MAGA Regime Says Public Universities Should No Longer Hire 'Foreign' Employees
Links for the day
The Long-Coveted Milestone of 3,200 Active Gemini Capsules
Despite being away some days last week, about 50,000 Gemini requests were served each day, on average
Five More Days Till Techrights Party
We'll have many more batches of Daily Links as we catch up with a 'backlog' of news
Links 02/11/2025: More Nuclear Escalations and "Anti-Cybercrime Laws Are Being Weaponized to Repress Journalism"
Links for the day
Gemini Links 02/11/2025: "The Pragmatic Programmer", Perl New Features and Foostats
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 01, 2025
IRC logs for Saturday, November 01, 2025