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04. 1.2008 (previous | next)
Groklaw and Commercial Influence

Groklaw is doing a series of posts on purported irregularities in the Open XML ISO approval process, with the insinuation that some of this may have resulted from the influence of Microsoft. Not a surprise. Groklaw has long used the approach of looking for tension in industry and policy settings, and attempting to trace connections back to Microsoft.

Whats amusing is that Groklaw was the source by which I uncovered the FOSS Movement's involvement in the 2007 EC case against Microsoft. Following the decision, while celebrating a victory for its FOSS friends and a loss for its enemies (Microsoft) through a series of blog posts, the Groklaw community showed itself steeply concerned with vested commercial interests (various FOSS entities and Microsoft competitors).

Its further amusing that Groklaw has done nothing to bring attention to the fact that IBM (a major opponent of Open XML receiving ISO approval) is historically a suave player in the standards process. Unfortunately for IBM, it may be better at the standards game than properly securing government contracts. Big Blue has recently been suspended from contracts with the US federal government as well as the state of Massachusetts.

posted by Noel Le @ 12:43 PM | Free Culture Movement

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From the horse's mouth:

Our mission is to establish Microsoft's platforms as the de facto standards throughout the computer industry.... Working behind the scenes to orchestrate "independent" praise of our technology, and damnation of the enemy's, is a key evangelism function during the Slog. "Independent" analyst's report should be issued, praising your technology and damning the competitors (or ignoring them). "Independent" consultants should write columns and articles, give conference presentations and moderate stacked panels, all on our behalf (and setting them up as experts in the new technology, available for just $200/hour). "Independent" academic sources should be cultivated and quoted (and research money granted). "Independent" courseware providers should start profiting from their early involvement in our technology. Every possible source of leverage should be sought and turned to our advantage.

I have mentioned before the "stacked panel". Panel discussions naturally favor alliances of relatively weak partners - our usual opposition. For example, an "unbiased" panel on OLE vs. OpenDoc would contain representatives of the backers of OLE (Microsoft) and the backers of OpenDoc (Apple, IBM, Novell, WordPerfect, OMG, etc.). Thus we find ourselves outnumbered in almost every "naturally occurring" panel debate.

A stacked panel, on the other hand, is like a stacked deck: it is packed with people who, on the face of things, should be neutral, but who are in fact strong supporters of our technology. The key to stacking a panel is being able to choose the moderator. Most conference organizers allow the moderator to select the panel, so if you can pick the moderator, you win. Since you can't expect representatives of our competitors to speak on your behalf, you have to get the moderator to agree to having only "independent ISVs" on the panel. No one from Microsoft or any other formal backer of the competing technologies would be allowed – just ISVs who have to use this stuff in the "real world." Sounds marvelously independent doesn't it? In fact, it allows us to stack the panel with ISVs that back our cause. Thus, the "independent" panel ends up telling the audience that our technology beats the others hands down. Get the press to cover this panel, and you've got a major win on your hands.

Finding a moderator is key to setting up a stacked panel. The best sources of pliable moderators are:

-- Analysts: Analysts sell out - that's their business model. But they are very concerned that they never look like they are selling out, so that makes them very prickly to work with.

-- Consultants: These guys are your best bets as moderators. Get a well-known consultant on your side early, but don't let him publish anything blatantly pro-Microsoft. Then, get him to propose himself to the conference organizers as a moderator, whenever a panel opportunity comes up. Since he's well- known, but apparently independent, he'll be accepted – one less thing for the constantly-overworked conference organizer to worry about, right?

Posted by: Spumco at April 2, 2008 11:46 AM

Yes, what Spumco posted is from discovery in the Comes case.

In any case Microsoft is on the very edge of being kicked out of a lot of govt and public work, Here’s a great question from Heide Rühle, Green Party Member of EU Parliament:

Considering that Microsoft continued to abuse its powerful market position after the Commission’s March 2004 decision requiring it to change its practices, and given the fact that it is already the third time in four years that the Commission had to impose fines or penalty payment for non-compliance with a Commission decision, and bearing in mind that the 17 September 2007 CFI judgment has the force of res judicata, does the Commission consider that Article 93 (b) and (c) of Financial Regulation, read in conjunction with article 45(2) of Directive 2004/18/EC could be applied to Microsoft in this particular case and with regard to any ongoing or future public procurement procedure? If it is the case, could we therefore consider that Microsoft does not fulfill the conditions to participate in such public procurement procedure?


My follow-up question: How long will it take the stock market to realize the significance of this question? It’s not just the question itself that I am referring to here but the context: This question is going to be popular, and that means more bad news for Microsoft earnings.

Posted by: E_F at April 13, 2008 7:37 PM








 
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