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Monopolists Dropped Off At The County Line

An anonymous reader submits: "In this discussion thread members of PLUG (Phoenix Linux Users Group) may have come up with a way to pressure governmental agencies to switch to software other than that from Microsoft. County purchasing policies in Maricopa County, AZ prohibit purchasing from companies or persons convicted under state or federal antitrust statutes. At least one other county, Coconino, that I have checked so far has similar requirements. I think that it's time to make the government follow their own rules and stop spending any more money with criminals."

18 of 398 comments (clear)

  1. Debarment by Ioldanach · · Score: 5, Informative

    Note the second link's page doesn't actually say that the contractor must be debarred (prevented from providing services), but only that they may be debarred for a period of up to 3 years. I expect that someone would have to bring this up in a council meeting of some sort to actually have the action taken.

    1. Re:Debarment by beme · · Score: 3, Informative

      Hmm. I don't have time to look into it very much, but MN state law has the word "must" in it... http://www.revisor.leg.state.mn.us/arule/1230/3200 . tml

      --

      -beme
      1971
    2. Re:Debarment by beme · · Score: 2, Informative

      Actually, after doing a bit more looking, it seems that pretty much all levels of govt. have some set of rules concerning contractors and such. It also seems that the big boys never get touched by these rules, despite numerous infractions. POGO has a report about it: Federal Contractor Misconduct.

      --

      -beme
      1971
  2. Re:ummm by Launch · · Score: 1, Informative

    I don't think they said you couldn't purchase software from a criminal... I think they can't purchase goods from monopolists... I don't think there are a lot of open source developers out there that have been in trouble for owning a monopoly.

    --
    Your mammas flamebait.
  3. Re:Are they serious? by TrentC · · Score: 2, Informative

    I won't dive deeply into the arguments,

    Don't worry, someone's done a pretty good job of describing the arguments for you...

    Jay (=

  4. Re:Seems unconstitutional to me... by miracle69 · · Score: 5, Informative

    A law set forth in a podunk Arizona county

    Yeah, Maricopa is a podunk county. Not much there, considering it's the fourth largest county in the U.S. Oh, and it's the fastest gaining county in the U.S. as well.

    --
    Linux - Because Mommy taught me to Share.
  5. Re:MSFT was not convicted by evilpenguin · · Score: 5, Informative

    Um, not true. The findings of fact and conclusions of law are entered. They have survived appeal. It is only the "sentencing" (the remedy) that is in dispute. Microsoft does indeed stand convicted of violations of the Sherman Act.

  6. shouldn't it start from the top? by night_flyer · · Score: 4, Informative

    I think that it's time to make the government follow their own rules and stop spending any more money with criminals.

    29 members of Congress have been accused of spousal abuse.
    7 have been arrested for fraud.
    19 have been accused of writing bad checks.
    3 have been arrested for assault.
    71 have credit reports so bad they can't qualify for a credit card.
    14 have been arrested on drug-related charges.
    8 have been arrested for shoplifting.
    21 are current defendants in lawsuits.
    And in 1998 alone, 84 were stopped for drunk driving, but released after they claimed Congressional immunity.

    --


    Thanks to file sharing, I purchase more CDs
    Thanks to the RIAA, I buy them used...
    1. Re:shouldn't it start from the top? by night_flyer · · Score: 3, Informative

      http://archive.lp.org/rel/19990902-Congress.html

      --


      Thanks to file sharing, I purchase more CDs
      Thanks to the RIAA, I buy them used...
    2. Re:shouldn't it start from the top? by GafTheHorseInTears · · Score: 1, Informative

      Yeah, I got yer source right here

      --
      "You're just scared like a little white pussy. I'll fuck you till you love me, you faggot!"
    3. Re:shouldn't it start from the top? by karmawarrior · · Score: 4, Informative

      There's quite a good debunking that puts the entire thing in context - essentially a second reading of this list of horrors actually shows it's mostly innuendo and cheap showmanship.

      --
      KMSMA (WWBD?)
  7. Not a criminal matter by Animats · · Score: 5, Informative
    Microsoft doesn't have a criminal conviction. Microsoft has a loss in a civil antitrust suit. There is criminal antitrust law, but Microsoft wasn't charged under it. That's for collusion between supposed competitors. (Think RIAA, not Microsoft).

    Arthur Andersen LLP has a criminal conviction for obstruction of justice. That's much worse. As of last Saturday, they're out of the auditing business, because the SEC won't accept audits from a felon. All Andersen audit clients must find new auditors immediately. The company will probably go bankrupt. Criminal charges against individual executives may follow.

    1. Re:Not a criminal matter by PhilHibbs · · Score: 5, Informative
      You're right, but...
      3. Conviction or civil judgment finding a violation by any Person or any subsidiary or affiliate of any Person under State or Federal Antitrust Statutes.
      No mention of "criminal" there, so the rules still apply.
  8. Re:Seems unconstitutional to me... by Wildcat+J · · Score: 2, Informative
    A law set forth in a podunk Arizona county by people who probably shouldn't be remotely involved in lawmaking is not exactly precedent for any type of broad-scale action.
    Oh, you mean Maricopa county? It's podunk, alright. If, by "podunk", you mean the fourth most populous county in the United States. Maricopa county just happens to contain a little "podunk" city called Phoenix, which, last I checked is a major metropolitan area.

    -J

  9. WakeUp Linux Zealots by SirCodeAlot · · Score: 2, Informative

    The mainstream population can not use linux easily or efficiently. Windows is king of the hill right now, and by the time Linux gets as easy and efficient it will be just as big and ugly. Quit bashing or paycheck if it were not for the windows platform, nothing we did could reach millions of potential customers. It may not be great but it's the best we have!!

  10. Re:Nice try by Anonymous Coward · · Score: 1, Informative

    For you! Conviction or civil judgment finding a violation by any Person or any subsidiary or Affiliate of any Person under State or Federal Antitrust Statutes. If it is a large purchase, then MS would be an affiliate...

  11. Quit your debating and send an Email! by tickticker · · Score: 2, Informative

    Sound like a whole lot of discussion and no action!
    Here's my poor assed excuse for a letter to my County Councilmember (yes I do live in Maricopa County)

    Councilman Fill in name here,

    I am writing you in regards to the news that the Maricopa County Council is debating an Enterprise Agreement with Microsoft. However, I have read that according to Maricopa County Policies, Microsoft should be disqualified from any contractual business with the County. I would like to declare my support for Microsoft's disqualification.

    According to MC1-902 DEBARMENT AND SUSPENSION OF CONTRACTORS, I read the following:
    "B. The causes for Debarment or Suspension shall include, but are not limited to, the following:
    2. Conviction of any Person or any subsidiary or affiliate of any Person under any statute of the Federal government, this State or its political subdivision or any other State for:
    k. Any other offense indicating a lack of business integrity or business honesty which affects responsibility as a Contractor.
    3. Conviction or civil judgment finding a violation by any Person or any subsidiary or affiliate of any Person under State or Federal Antitrust Statutes."

    Microsoft, having been convicted of Federal Antitrust Statutes (penalties pending), clearly falls into the catagory described in part 3, and several court cases past and pending show a clear lack of integrity and business honesty as outlined in part 2. I cannot find that ANY government body would be willing to work with such contractors, let alone having rules against it and clearly ignoring those rules.
    There are many alternatives to Microsofts products. Alternatives that have broken no laws, Federal or Local, are well supported and used by many large governments (Germany, Taiwan, et al). As a concerned voter in Chandler, I must point out that I cannot support criminal behavior and would hope that my County Council would see fit to do the same and ONLY consider alternatives as Microsoft is clearly unqualified to meet County requirements.

    Thank You,

    fill in your name here

    If you can come up with a better one (and i'm sure you can cuz IANAL or much of else for that matter) then post it somewhere. Templates people, we need templates!

    sig of the day: If wishes were horses poor men would ride - unknown

  12. Re:Purchasing policies are not set in stone by DunbarTheInept · · Score: 3, Informative
    I've got a job with a state University, and so I've seen a few of those "carefully worded" open requests myself, but it wasn't out of a desire to screw the taxpayers or to get *exactly* the one exact product and no other. It's because everyone who has made these requests has been burned at least once in the past by the fact that the ones who look over a purchase request and try to find the cheapest "match", are clerical workers without a lot of tech knowlege. If you leave it up to their judgement to decide if an alternate product is equivilent or not, they often pick something that *they* believe is equivilent, but in reality is not. (i.e. ask for an external scsi hard drive and get an internal one instead (sans power supply).)

    This isn't their fault - they are being asked to do an impossible job. They are being asked to guess which parts of a request are flexible and which are not. If I try to order a flat-panel LCD monitor, would a cheaper old-style CRT monitor be an acceptable aternative? That depends. Usually it probably would be, but in this case what if I ordered it specificly because the monitor would be sitting in a magenetic field. (which ends up making it impossible to calibrate a picture tube to display things in the right colors, or to get it to focus properly, as the electron beam in the tube gets bent off-target by the magnetic field.)

    --

    Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.