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[News] Law Goes Free, Corruption Suffocated

  • Subject: [News] Law Goes Free, Corruption Suffocated
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Tue, 19 Feb 2008 15:19:21 +0000
  • Newsgroups: comp.os.linux.advocacy
  • Organization: Netscape / schestowitz.com
  • User-agent: KNode/0.10.4
Big news in the free law department

,----[ Quote ]
| As announced at public.resource.org, CC and public.resource.org have 
| announced the first release of material to support our free law project. 
| After raising a large chunk of change from great and generous sorts like 
| David Boies, John Gilmore, the Omidyar Network and the Elbaz Foundation, 
| we've purchased a database of a substantial part of all federal cases.    
`----

http://lessig.org/blog/2008/02/big_news_in_the_free_law_depar.html

Also some shades of Microsoft here (tax evasion methods, 'charities', etc.):

US judge arranges summary execution of Wikileaks.org

,----[ Quote ]
| The US arm of Wikileaks, a website that makes it easy for whistleblowers to 
| leak documents, has been cut off after hosting evidence that claimed a bank 
| located in the Cayman Islands engaged in money laundering and tax evasion.  
| 
| Dynadot, the US-based company that hosted Wikileaks' main site, not only 
| severed wikileaks.org from the net; it also agreed to lock the domain name so  
| it can't be transferred to another provider. A federal judge in San Francisco 
| signed off on the agreement on Friday (15 Feb).  
`----

http://www.theregister.co.uk/2008/02/19/wikileaks_shut_down_in_us/

How tactless. By harassing the site they only attract heaps more attention to
their crimes with the evidence, which is still accessible through mirrors and
direct IP (getting around the DNS deletion).

This is fascinating. In the same way, Iowa antitrust documents keep having
Microsoft caught with its pants down. [H]omer's excepts appeared in Groklaw
yesterday. That's the route to finding some justice and ending (or punishing
for) corruption.


Related:

Packing The Court At The ISO?

,----[ Quote ]
|      ...P member countries ('participating member' countries) sending 
|     representatives, and I am interested to note the majority of
|     their representatives are, as individuals, also Microsoft employees.
| 
| [...]
| 
| How can they not see that OOXML (ECMA 376) is unwanted by anyone outside of 
| Microsoft? How about it Brian Jones? Are you really so desperate that you
| have to resort to that?
`----

http://lnxwalt.wordpress.com/2007/03/23/packing-the-court-at-the-iso/


,----[ Quote ]
| "Sadly, many of these brilliant people have been blinded by the stock
| price and unable to see that Microsoft is also the key architect of
| the greatest financial pyramid scheme this century. 
| 
|  It is not uncommon for participants in pyramid schemes to lose their
| emotional bearings. My close friends who work at Microsoft are
| particularly upset over my work and it is possible that even Bill
| Gates and Steve Ballmer do not realize the implications of their
| financial practices."
`----

http://www.billparish.com/msftfraudfacts.html


,----[ Quote ]
| "As with all pyramid schemes, it is important to get as close to tier
| 1 as possible. From a practical standpoint, usually only tiers 1 and 2
| will derive significant long-term economic rewards from such schemes."
| 
| "Microsoft has clearly entered a phase of self destructive behavior
| that began with the "tissue paper campaign" in 1995. This report will
| document this campaign for the first time."
`----

http://reactor-core.org/microsoft-pyramid.html


Insider Trading Hasn't Affect Microsoft Stock - Yet

,----[ Quote ]
| MarketWatch.com reports that Robbie Bach, president of Microsoft's
| Entertainment and Devices division, sold $6.2 million of Microsoft
| stock just prior to announcing that Microsoft was going to have to 
| extend XBox 360 warranties to three years because of extensive 
| failures. The filings note that this was not part of any 
| scheduled diversification or selling program; this was a 
| conscious, unscheduled sale by the guy in charge of releasing 
| news that could affect the value of Microsoft stock.
| 
| [...]
| 
| Insider trading is a very serious violation of the law; just 
| ask Martha Stewart, who served five months in prison for 
| avoiding losses of $43,000 through trades that just had suspicious 
| timing (no insider trading was actually proven). This is $6.3 
| million that went straight into Robbie Bach's pocket.
`----

http://biz.yahoo.com/seekingalpha/070713/40947_id.html?.v=1


Microsoft exec dumped stock prior to Red Ring announcement

,----[ Quote ]
| To make matters more murky, the sales were not registered with the Securities 
| and Exchange Commission within the mandatory two days of the transaction, a 
| result of an alleged "administrative error." Microsoft has since remedied the 
| issue by following the "procedures required of late-filers."   
`----

http://arstechnica.com/journals/thumbs.ars/2007/08/14/microsoft-exec-dumped-stocks-prior-to-red-ring-addresment


Microsoft's Bach sold more stock before Xbox news

,----[ Quote ]
| Microsoft Corp. executive Robbie Bach sold $3 million more in company stock 
| during the period leading up to an announcement about a costly flaw in its 
| Xbox video game console than previously reported, according to a filing 
| Monday with the Securities and Exchange Commission.   
`----

http://www.marketwatch.com/news/story/microsofts-bach-sold-additional-stock/story.aspx?guid=%7BBECA3A50-EF33-4161-A111-A43BDC8B0462%7D&siteid=yhoof


Microsoft's Predatory Response to GNU/Linux

,----[ Quote ]
| 142. GNU/Linux is an "open source" operating system that runs on Intel-
| compatible PCs. Microsoft has targeted the competing operating system
| by pressuring Intel, as well as various major OEMs such as Dell and
| Compaq, to boycott Linux. In late 2000, for instance, Microsoft
| executive Joachim Kempin described his plan of retaliation and
| coercion to shut down competition from Linux: "I am thinking of
| hitting the OEM harder than in the past with anti- Linux actions" and
| will "further try to restrict source code deliveries where possible
| and be less gracious when interpreting agreements - again without
| being obvious about it," continuing "this will be a delicate dance."
| 
| 143. LindowsOS (now known as Linspire), which is developed and
| marketed by Lindows.com, Inc., is an Intel-compatible PC operating
| system based on Linux and which competes directly with Microsoft on
| the. PC desktop. On information and belief, Microsoft interfered with
| Lindows.com, Inc.'s ability to distribute its product through the OEM
| channel. Microsoft also initiated a lawsuit against Lindows.com, Inc.
| that adversely affected Lindows.com, Inc.'s ability to exist, obtain;
| funding and conduct business. Mierosoft's Antieompetltive Agreements
| With OEMs To Foreclose Competition 144. Microsoft Chairman and former
| CEO, Bill Gates, reportedly summarized the effects of the DOJ's 1995
| consent decree--which banned "per processor" licenses, among other
| 
| 47Page 48 exclusionary licensing termsmas "nothing." Microsoft was
| able to devise other restrictive OEM agreements to foreclose
| competition in th¢Õ 145. A "per system" license was the practical
| equivalent of the "per processor" license. Under the "per system"
| license, the OEM had to pay royalties to Microsoft for every computer
| of a particular "model" or "system" that it shipped--again, as with
| the "per processor" contracts, regardless of whether the PC contained
| Microsoft's operating system. Microsoft defined "system" and "model"
| so broadly in its contracts that virtually all of an OEM's production
| was subject to Microsoft's "double tax" if the OEM wanted to give the
| consumer a choice of operating systems. Microsoft did not agree to
| give up its "per system" licenses in the 1995 consent decree, even
| though the Department of Justice warned the federal district court
| that "per system licenses, if not properly fencet in, could be used by
| Microsoft to accomplish anticompetitive ends similar to 'per
| processor' licenses"--and in fact were. 146. Another way that
| Microsoft found to circumvent the federal court's 1995 injunction
| forbidding its use of "minimum commitment/per processor" licenses was
| what Microsoft calls its "Market Development Agreements" ("MDAs").
| Microsoft contrived the MDA as a device to evade the Court's decree
| prohibiting Microsoft from requiring OEMs to adhere to "minimum
| commitments." As Steve Ballmer (Microsoft's current CEO) acknowledged:
| "We have always given better prices to customers who work with us to
| make the market. Those used to take the form of commits [i.e., minimum
| commitments] which we do not do anymore as a result of the [federal
| court's] decree but we still believe in rewarding people who help us
| create demand. Hence the iMDA." Under the MDAs, Microsoft granted
| large discriminatory price concessions to those OEMs that would agree
| to market and promote Microsofl's Windows to the exclusion of any
| rival operating system. These discounts were
| 
| 48Page 49 calibrated so as to force the OEM to sell most of its
| computers with a Microsoft operating system in order to obtain the
| lowest price. 147. Because the OEM market is so competitive and profit
| margins are so thin, every OEM had to get the lowest price it
| could :from Microsoft in order to survive. In March 2002, a Gateway
| marketing executive (Anthony Fama) testified before Judge Kollar-
| Kotelly in State of New York et al. v. Microsoft, Case No. 98-1233
| (CKK), about how Microsoft used its MDA program in order to force OEMs
| to market Microsot's operating system exclusively: "Given the
| substantial nature of these discounts, participation in the MDA, as a
| practical matter, is not optional. In other words, not
| receiving :these discounts would put Gateway at a substantial
| competitive disadvantage, and Gateway has communicated that self-
| evident proposition to Microsoft." Microsoft also used its MDAs to
| lock OEMs in and competitors out by offering a discriminatory price to
| the OEM in a later year provided (a) the OEM reached Microsoft's
| imposed goal of Windows sales over competitive sales in the prior year
| and (b) renewed its exclusionary contract with Microsoft for ,the
| later year. This placed the OEM on a perpetual treadmill, eliminating
| competition indefinitely. Microsoft continued these exclusionary terms
| at least past April 2002. 148. One method for encouraging competition
| in the operating systems market would have been the sale by OEMs of
| "naked machines" (i.e., computers that are sold without a
| predetermined suite of software forced upon the consumer). "Naked
| machines" would allow consumers to choose their computer's software
| configuration from an array of competitive software products, either
| for preinstallation by the OEM or installation by the end user.
| Microsoft sought and obtained the agreement of the OEMs to refrain
| from selling "naked machines." Instead, OEMs universally agree to
| "bundle" Microsoft applications and operating 49Page 50
| 
| systems with their computer hardware, effectively depriving consumers
| of any competitive choices. These restrictive agreements exited before
| 2000 but, in 2000, Microsoft ratcheted the restriction up so that OEMs
| are forced to forfeit all discounts otherwise earned if they ship any
| "naked machines" to consumers. This heightened restriction, which (on
| information and belief) continues to the present, prohibits PC users
| and PC retailers from buying and installing lower priced or better
| quality operating systems of their choice.
`----

http://edge-op.org/iowa/iowaconsumercase.org/assets/attachments/Petition.pdf


Microsoft's past stock options practice poses questions

,----[ Quote ]
| Microsoft in 1999 announced that it would end a policy of awarding
| options at monthly lows and said it would take a $217 million charge,
| though many details of that discontinued practice haven't been widely
| known, The Wall Street Journal said Friday.
|
| Those details raise questions about how Microsoft began the practice,
| what prompted the company to end it and whether the way the options
| were dated--at 30-day lows the month after they were
| granted--influenced other companies, it said.
`----

http://news.zdnet.com/2100-3513_22-6084617.html


,----[ Quote ]
| My background is finance and accounting....
|
| However, the Gates Buffet foundation grant is nothing more than a shell
| game in which control of assets for both Gates and Buffet remain the same.
|
| THE ONLY DIFFERENCE IS THAT THE ACCUMULATION OF WEALTH BY THESE TWO WILL BE
| MUCH MORE MASSIVE BECAUSE THEY WILL NO LONGER HAVE TO PAY ANY TAXES.
`----

http://www.mail-archive.com/futurew...@xxxxxxxxxxxxxxxx/msg03323.html 


Lobbying Could Cause Legal Trouble for Microsoft

,----[ Quote ]
| "In the wake of the exposure of Microsoft's attempt to buy Sweden's vote on 
| OOXML and Sweden's annulment of that vote due to irregularities, IBM's Rob 
| Weir points out that the fiasco could cause anti-trust worries for Microsoft. 
| He quotes ALLIED TUBE & CONDUIT CORP. v. INDIAN HEAD, INC., 486 U.S. 492 
| (1988), which says 'What petitioner may not do (without exposing itself to 
| possible antitrust liability for direct injuries) is bias the process by, as 
| in this case, stacking the private standard-setting body with decision makers 
| sharing their economic interest in restraining competition.'"       
`----

http://yro.slashdot.org/article.pl?sid=07/08/31/2039226&from=rss


Microsoft dirty tricks, part two (Bob Cringely)

,----[ Quote ]
| "So the outside vendor was Hewlett-Packard, one of Microsoft's
| hardware OEMs, which is to say Microsoft's bitch.
| 
| The tape disappearance was blamed on HP, which  accepted the blame,
| and the employees directly involved kept expecting there to be
| repurcussions, especially legal ones.  They expected to be deposed by
| Burst lawyers.  But it never happened.
| 
| This was, for Microsoft, a perfect ending. ..."
`----

http://www.technologyevangelist.com/2007/02/microsoft_dirty_tric_4.html


Microsoft admits Swedish employee promised incentives for Open XML support

,----[ Quote ]
| Microsoft Corp. admitted Wednesday that an employee at its Swedish subsidiary 
| offered monetary compensation to partners for voting in favor of the Office 
| Open XML document format's approval as an ISO standard.  
`----

http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9033701


Stuffing it Up - ODF and OOXML Document Format Battle III

,----[ Quote ]
| THE GREAT STUFFING
| 
| The stuffing of national boards with Certified Partners, getting more 
| countries to join the ISO as voting members – a full throttled attack. 
`----

http://fanaticattack.com/2007/stuffing-it-up-odf-and-ooxml-document-format-battle-iii.html


Microsoft accused of stacking ISO committee

,----[ Quote
| In a memo sent following his last meeting as head of the working group on 
| WG1, which is handling Microsoft’s application to make the Word format an ISO 
| standard as ECMA 376, outgoing Governor Martin Bryan (above), an expert on 
| SGML and XML, accused the company of stacking his group.   
`----

http://blogs.zdnet.com/open-source/?p=1777


Microsoft accused of more OOXML standards fiddling 

,----[ Quote ]
| However the 11 new countries are refusing to say how they will vote. These 
| include Cote d'Ivoire, Cyprus, Ecuador, Jamaica, Lebanon, Malta, Pakistan, 
| Trinidad and Tobago, Turkey, Uruguay and Venezuela. Most people seem to think 
| that these have been put there by Vole to make sure the standard gets pushed 
| through.    
`----

http://www.theinquirer.net/default.aspx?article=42106


Microsoft Looks for the Big Guns in OOXML In-Fighting

,----[ Quote ]
| Bill Gates has reportedly been making phone calls to the Secretary of Defense 
| and the Secretary of Commerce to push the American National Standards 
| Institute to ignore the votes of its advisory committees and vote "yes" on 
| ISO standardizing Microsoft's Open Office XML (OOXML) format, the one in 
| competition with the OpenDocument Format (ODF) pushed by IBM and Sun.    
| 
| Gates reportedly picked up the phone when the last INCITS ballot failed by 
| one vote to support Microsoft. 
`----

http://xml.sys-con.com/read/419573_p.htm

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