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Lobbying Could Cause Legal Trouble for Microsoft
Rob Isn't Weird writes "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.'"
Anyone able to translate this into normal-speak?
Oh, and because it's required...Fist Psot, or whatever the first post trolls are saying nowadays...
Living With a Nerd
to quote a US law in a swedish case? There is a little matter of sovereignty.
Unfortunately for us lowly citizens, US law only *theoretically* applies to Microsoft.
As improbable as it sounds, you pretty much hit the nail on the head. Political lobbyists represent the interests of their clients to various politicians. They can also provide campaign contributions to politicians running for office - which is, if not outright bribery, is definitely within spitting distance. This is the source of much controversy. You can learn more here: http://en.wikipedia.org/wiki/Political_lobbying
Any plan which depends on a fundamental change in human behavior is doomed from the start.
Foreign Corrupt Practices Act is one example where overseas actions can be prosecuted inside the USA. IANAL, so I'm not going to claim that it does apply to Microsoft, especially when I think it's a criminal statute that would have to be prosecuted by the DoJ. I don't even know if there's any civil right of action in there. If there are any lawyers out there, feel free to chime in.
Now then, did you note that this was an IBM guy saying this? Given that Rob's blog covers approximately two things--brewing and OOXML--I'd have to say that he learned about this law from the Nazgul (IBM lawyers, for you young'uns) because I don't think Rob is a lawyer, either. And I don't think normal people go around reading and quoting 20 year old anti-trust cases for fun.
So if IBM is examining something like that, especially when we have Microsoft doing other things like funding SCO, I'd say to stay tuned, because we just might see fireworks in the future. It wouldn't be the first anti-trust action against Microsoft by any means. Mind you, this is 100% speculation, but what do you expect on Slashdot?
Where the action occurred is probably of little consequence to US antitrust law; what will matter is the intended and actual effect on US market position. I think its pretty hard to argue that Microsoft isn't pushing for ISO standardization as a way to reinforce (among other things) the US market position of Office, and Allied Tube suggests that the particular means being used may be antitrust violations in that context.
Since this is an open standard, how could it possibly restrain competition? Clearly you do not understand how magnimus Microsoft is being in sharing this wonderful document with all of us.
The US government have made it clear that we have no inalienable rights; any we do not defend vigorously will be taken.
We needed your NO vote. Microsoft has won their battle by removing your vote entirely, which is probably not what you intended.
Sincerely,
The rest of the (still) Free World.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
Sure but nothing will actually support it, and those products that do support it will support it in a half-baked, crippled way. MS always used to make sure Word could read WordPerfect documents perfectly, but couldn't create them worth a darn. Expect this type of behavior to continue.
Office 2007 does not even have working support of older M$ formats. Footnote numbering is broken if you save OOXML to WORD.DOC and macros are broken between versions of Excel. I expect to hear similar things powerpoint and other formats as a few foolish people around me continue their Office 2007 trial. As usual, data goes in but does not come out and you can't really co-operate with people who are not on the same point release.
This is stunning behavior, even for M$. A reasonable XML format should support all previous version behavior perfectly because the internal representation does not have to change. The transition should be easier than any previous M$ Office "upgrade" but it is in fact worse than others. For all of their bluster, they have not lived up to the 6,000 pages of specs they are now trying to force on the world as an ISO standard. Un-Fucking-Believable.
DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
As always, Groklaw comes to the rescue.
I also recommend reading the top page for info what is happening at other countries.
Rethinking email
No, the idea of competition is to produce a better product than everyone else so the customers will buy yours in preference.
Anything which restricts the customers' ability to switch between products (format lockin, leveraging existing monopoly platforms, predatory pricing, OEM penalties, etc) is anticompetitive and should be prevented.
"I've got more toys than Teruhisa Kitahara."
Even if OOXML gets approved for ISO don't we still have a choice? Won't ODF still be there? What's the point of a standard when there is a multiplicity of them? The amount of work required to create an OOXML-compliant office suite could probably be used to better the ODF standard (or at least implement it better). If the same people have to implement two different standards for the same software, either one of the standards will not be implemented as well, or less features will be available in the software since the programmer had to waste time with an extra data format.
Help! I'm a slashdot refugee.
I don't know about you, but I certainly won't. Organisations and governments everywhere will choose to use OOXML on the basis that it's an approved ISO standard. People who pay for Microsoft products will be fine (in the short an medium term, at least). Everyone who doesn't will be screwed.
Standards organisations such as the ISO exist to consider standards seriously so that other organisations don't have to, and a lot of trust is put in them. At a time when standards are finally coming to be seen as important by many organisations, Microsoft is trying to make a mockery of the standards-creation process, undermining the ISO and all its stakeholders so it can keep itself on top without actually providing a real, genuine standard.
Actually, the main problem with Microsoft is that they have absolutely no confidence in their own ability to compete. They are desperately looking for some way to cheat the system in order to win. It's rather pathetic, really, as any company that had any confidence in itself would simply use that confidence with some backbone and produce a high quality product that people would prefer to use.
The movement to Linux isn't because it's cheaper. The movement to Linux is because it's better-- in particular, because it doesn't try to bundle stuff in that you don't need and don't want simply because the developer wants extra lock-ins, subscription payments or is getting payola to add DRM from media companies. Linux is better because it leaves control over your computer system in your hands. The marketplace would often pay extra for such capabilities-- the fact that Linux is low cost is mostly irrelevant to its success. In the early days of the PC, many corporations didn't know much about computers and trusted companies like Microsoft out of their ignorance, and because the risk was relatively low. Now however, their entire business is running on computers and they now realize that trusting the future of such a critical resource can no longer be left in the hands of others-- they require the control that Linux can give them and Microsoft refuses to.
Microsoft's only way out of this mess is to let go of the OS and focus on products that will run on Linux or other open environments. They'll be dragged kicking and screaming into that though, as they've seen the OS as their core competency (obviously why they have no confidence in themselves-- as it's actually become their core incompetency). It'll happen eventually, as the OS is nothing but an application delivery system and as such must be as fully open and empowering as any common carrier. Microsoft was blindsided by the Internet, and even more so by the need for the open OS-- so much so that they're still blind to its critical importance to the future of computing.