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Diebold Sues Massachusetts for "Wrongful Purchase"

elBart0 writes "Diebold has decided to sue the commonwealth of Massachusetts for choosing a competitor to provide voting machines for the disabled. Diebold wants to force the state to stop using the machines immediately, despite the upcoming municipal elections in many towns. The commonwealth chose the competitor based on an open process that included disabled groups. Diebold executives appeared confused when encountering election officials who made an intelligent choice."

19 of 422 comments (clear)

  1. Good move! by Vengeance · · Score: 5, Insightful

    I know nothing will motivate me to use a company's products like having them SUE my ass. Is Diebold kidding or something, here? I want to see them get smacked down, and HARD.

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    It was a joke! When you give me that look it was a joke.
    1. Re:Good move! by couchslug · · Score: 3, Insightful

      "I want to see them get smacked down, and HARD."

      So do many of us, and now we have a nice example of corporate conduct to bring up should our local governments want to buy their stuff. :)

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  2. Biased Summary by setirw · · Score: 5, Insightful

    Although I don't support Diebold either, please keep personal opinion out of the summaries. Quotes like "diebold executives appeared confused when encountering election officials who made an intelligent choice" don't belong in objective news reporting.

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    1. Re:Biased Summary by Trails · · Score: 5, Insightful

      Joke's on you! Objective news reporting has no place in Slashdot!

      In all honesty though, a bit of editorialising is warranted here. What if Coke sued you because you bought a Pepsi? What if AMD sued you because you bought an Intel chip?

      Diebold's premise is moronic and it invites speculation as to how closely related the parents of their board members are, and which particular brand of crack their counsel are smoking.

    2. Re:Biased Summary by HarvardAce · · Score: 3, Insightful
      don't belong in objective news reporting.

      Are you reading the same slashdot as I am? Since when has slashdot been about "objective news reporting"?

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    3. Re:Biased Summary by drinkypoo · · Score: 4, Insightful

      Quotes like "diebold executives appeared confused when encountering election officials who made an intelligent choice" don't belong in objective news reporting.

      First, there is no such thing as objective reporting. Everything is biased. Period.

      Second, Slashdot is not about journalism. It's the offspring of a news aggregator (why the hell is "aggregator" not in the Firefox 2 US English dictionary?) and a forum. Slashdot doesn't report the news, Slashdot reports that someone else has reported the news.

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    4. Re:Biased Summary by curunir · · Score: 4, Insightful

      What if AMD sued you because you bought an Intel chip?
      That's not exactly what's going on here. There's obviously a bit of history here. It's more akin to asking:

      What if some large entity produced a long list of selection criteria and then asked suppliers to submit bids and supporting documentation, no doubt costing real man hours of the companies submitting bids? At that point, the large entity chose one supplier without any feedback to either the chosen supplier or those suppliers not chosen.

      That's more what's going on here. I doubt Diebold has any reasonable expectation that the purchasing decision will be overturned. What they really want is access to the state's documents explaining why the state chose their competitor so they can address their weaknesses before they're asked for bids on other contracts. Given the effort that goes into the bidding process for these kinds of Government contracts, what they're asking for isn't all that unreasonable. But thanks to the screwiness of the US legal system, they can't just ask for something reasonable and expect to get it. They must ask for something entirely unreasonable and then demand the reasonable request as a means of supporting the unreasonable request. My guess is that Diebold's discovery motion will either be granted or denied at which point the suit will be dropped.
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    5. Re:Biased Summary by Fordiman · · Score: 3, Insightful

      Most accurate would be if Microsoft sued, say, the India for switching their government offices to Linux.

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  3. Insane. by Teddy+Beartuzzi · · Score: 4, Insightful

    It's as if I'm reading the Onion when I read that article.

    I'm speechless.

  4. Correct me if I'm wrong by antifoidulus · · Score: 5, Insightful

    but wasn't one of Diebold's main selling points on using computerized voting over paper ballots that computerized voting systems help disabled people vote?(I do believe at some point they invoked the Americans with Disabilities act as a rationale for deploying these systems). So now disabled people actually help pick out a system and Diebold sues? (I guess according to Diebold disabled people aren't able enough to choose a system wisely :P)

    Words fail.

  5. The basis for their suit is... by Toby_Tyke · · Score: 4, Insightful

    If it's not an issue of impropriety, then what's the legal basis for the suit? Any lawyers out there who can shed some light on this?

    I would imagine the rational goes something like this:

    "The secretary of state's office set their requirments for a voting machine contract, and invited bids. We have looked at the bid they accepted, and looked at ours. We believe our bid meets the criteria far more closely than the bid that was accepted, and we think any objective observer would agree. We don't think anything improper went on, but we do believe that the state has not selected a vendor in line with the rules they laid out. There for, the process has not treated us fairly"

    In a nutshell, they're saying the state did not fairly apply their own rules. If they had, Diebold believe they would have won.

    --
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  6. Re:Makes sense (no, really!) by tgd · · Score: 5, Insightful

    Yeah heaven forbid an important decision could be made via non-verifiable means with no paper trail...

  7. Re:In Soviet Massachusetts... by Mick+Ohrberg · · Score: 5, Insightful

    Wait a minute. I RTFA, and it actually does look like Diebold is suing because they're sore losers? No breach of contract, but just because they didn't win the bid? Am I missing something here? Does that mean Ford can sue me if I buy a Chevy?

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    Quidquid latine dictum sit, altum sonatur.

  8. Re:Diebold's position by phoenixwade · · Score: 4, Insightful

    You, me, and any other private-sector entity do not have to explain our whims and caprices when (not) buying something (which may, actually, be unfortunate) to any one other than, perhaps, family members or stock-holders. The government, however, is legally obliged to pick the best — all of us are the stock-holders...

    If, by best, you mean "lowest Bidder" you Might be correct, assuming the job isn't a "no-bid" contract. But I've yet to see a "Best" win a government bid, except maybe by accident. it's all about the lowest bid that will conform to the spec.

      I bid a lot of government contracts, I get some, I lose some. The ones I've lost have occasionally been to better concepts the ones I've wons have occasionally beaten some better work... in all cases the wins were based on who came in the lowest.

    I understand the basis of your remark - The process needs to be open, so we the taxpayers, know that our civil employees are doing their job correctly and spending our money they way we expect them to. Diebold should have the right to see if there was some back room hankey pankey going on, and the bidding process was fair. A lawsuit may be the only way to prove what they think they already know. Or, they could just be sore losers, trying to make the state pay for having the audacity to use a competitor. I guess we'll find out.... unfortunately, the tax payers in Mass. are the ones who will ultimately pay for this......
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  9. Re:Diebold's position by FuzzyDaddy · · Score: 3, Insightful
    Diebold is, obviously, acting in its own best interests, but that's how life in this country is

    If they lose this case (which seems likely) and their reputation is tarnished (are they saying the disabled testers opinions are wrong?) than how is this in their best interests?

    Being a jerk, either as an individual or a corporation, isn't only about agressively promoting your self interest. Sometimes it's just being a jerk.

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    It's not wasting time, I'm educating myself.
  10. Re:Diebold's position by greginnj · · Score: 3, Insightful

    In any case, this kind of thing cannot be allowed. Companies should not be able to sue the government every time they lose a bid for a contract.
    You are exactly wrong. This kind of thing must be allowed. Companies (or persons) should be able to sue the government, or whoever else, for whatever reason they wish. Then, when their frivolous lawsuits come up before a judge, the suits are dismissed with prejudice, and the plaintiffs have to pay the defendant's costs.

    That will just create chaos and we will get even less accomplished through the government than we already do.
    Your implication being that selectively denying access to justice (according to principles chosen by whom? you?) will not create chaos? And that 'getting more accomplished' is a a value we should place higher than justice? I'm no lover of Diebold, but show me a place freer than the US that accomplishes that freedom via restricting access to the courts.
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  11. Re: grammer by AndersOSU · · Score: 3, Insightful

    Correct me if I'm wrong, but isn't the role grammar to accurately reflect the tone and meaning of what one types? The proper use of punctuation should convey the tone. The problem is that everyone has started typing like they speak, when the written word is conveys emotion differently - i.e. not better, not worse - than spoken English.

    This is especially true of irony and sarcasm. Every day some slashdotter complains about leaving off the irony tags - as if they didn't exist pre-internet. The problem isn't that sarcasm translates badly to text, the problem is that the poster hasn't learned to properly write sarcastic statements.

    We should really be learning how to write better, rather than forcing spoken English into text. :)

  12. Re:In Soviet Massachusetts... by RollingThunder · · Score: 5, Insightful

    No, I believe he means the parallels to people who want to see the source code for the Diebold voting machines (proprietary scoring format), and who wins the elections (contract).

  13. Re:In Soviet Massachusetts... by erroneus · · Score: 3, Insightful

    People in government agencies occasionally select vendors on preference over criteria.

    Yes, we know this. That's how Haliburton and Diebold became leaders in their respective fields.