Microsoft vs. Burst.com
rocketjam writes "Robert X. Cringley has an interesting story on one of Microsoft's many little-known legal cases. Burst.com is suing Microsoft, claiming MS negotiated in bad faith for over a year before stealing Burst's patented technology for increasing the efficiency of video and audio streaming. After Microsoft submitted all emails associated with the their dealings with Burst to the court, Burst's lawyers discovered a 35-week gap of missing mail during a critical portion of the negotiations. When the judge learned the Sun vs. Microsoft antitrust case had revealed that MS keeps backups of all emails on over 100,000 tapes stored offsite, he ordered them to come up with the missing messages."
...is that they happen again and again. It's cheaper for MS to just pay small companies "small" settlements of $20-50 million.
That's chump change to MS but lots of money to most smaller companies -- so MS just buys it's way out of these lawsuits until the cows come home.
Unfortunately, something like this isn't enough to really nail MS and make them change permanently. I almost yawn when I hear about it right now -- it's somewhat depressing that a strategy like this can work, but it makes great numbers sense.
Due to my own involvement in these kinds of things I'm posting anonymously, which sucks...
OK 35 minutes, who'd even know?
35 hours, What? Frigging Veritas... Damnit Bill get them on the phone!
35 Days, OH THAT IS IT! I want the back up guy fired... jeez fellas we're really sorry
35 WEEKS? Yes your honor we were trying to pull one over on you....
This
Maybe, unless, you, like their lawyers, were on contingency...
Agreed in full. The biggest problem with the US is that corporations are given the same rights and treated as regular citizens without having the burdens or responsibility of that designation placed on them. When a company executice pockets millions of dollars by artificially inflating stock prices and then selling it off before leaving the company, we call it a golden parachute. But if an individual did something like that, it would be appropriately called robbery. If, during the course of a trial, a normal person hides evidence or lies under oath, they are held in contempt and thrown in jail. If a company does so, it's strategic. Bullshit.
Truth is, until this country recognizes that we can not treate corporate entities as if they were private citizens, you will continue to see this kind of hypocrisy.
"Watch your cornhole, bud."
Even listening to the most amazing stories about what happened to huge amounts of moeny, the Federal bankruptcy agent doesn't even look up. He's heard it all before so many times, it's the same old shit. Everybody lies.
I don't suppose you read about any Enron executives going to jail recently, did you? Of course not. What Enron did is no different than what every big corporation does. Some are just better than others and if you steal too much at the wrong time, the house of cards can fall down. Executives don't go to jail for stealing. Can you imagine a trial of executives by their peers -- other executives? "Well, Kenny, you should have used my guys to set up your fake accounts. You wouldn't have been found out for another couple years and you could have paid Ashcroft his cut and moved the rest of the money to a good bank in Grand Cayman by then."
Maybe these standards of culpability that you are referring to only exist in your head? There is certainly not much evidence in the real world of anything that resembles "business morality". Almost every business in the USA is crooked. With a giant overbearing government that has a bloodthirst for taking your money and then returning less than 4 cents on each tax dollar, would a rational being expect anything else? If it's okay for the government to lie, cheat, and steal, why should a small business, big business, investor, or anyone else do different?
If you unplug from the morality that is taught to worker units so they are obedient and efficient, you'll be in for a major wake-up call. Your job is to work and pay your taxes, that is all. And good workers are moral workers. Keeps costs down and profits up. All around you, the country is being looted. The workers are going to wake up one day and realize they are fucked because they've been robbed blind while they've had their faces glued to their television sets, absorbing the latest disinformation from the media and the government.