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

GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
 
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day