Microsoft To Pay IBM In Antitrust Settlement 202
Pankaj Arora writes "A settlement has been reached in IBM's private antitrust case against Microsoft. According to the terms of the settlement, Microsoft will pay IBM $775 million cash in addition to $75 million in credit. From the article, 'The settlement resolves all discriminatory pricing and overcharging claims stemming from the U.S. government's mid-1990s antitrust case against Microsoft, the companies said in a statement. The settlement also resolves most other IBM antitrust claims, including those related to its OS/2 operating system and SmartSuite products. IBM's claims of harm to its server hardware and server software businesses are not covered by the settlement, however.'"
Piffle (Score:2, Insightful)
Of course IBM could, as the news suggests, hit them again for more money, it's hardly going to dent Microsoft. What they need is restraint or some measures with some teeth in them which raise the bar.
Re:Piffle (Score:3, Insightful)
Re:Piffle (Score:3, Insightful)
Re:Piffle (Score:2)
Re:Piffle (Score:2)
Re:Piffle (Score:2)
What it tells me is that the big ones spend so much to ensure you can't get the other options:
Re:Piffle (Score:2)
> monopoly because the majority of people want it to be.
That doesn't make much sense to me. The fact that Windows is installed by default on almost all new consumer desktop machines hardly supports the notion that people are "choosing" to run Windows over any alternative.
Most people don't know, or can even conceive of, different software and operating systems other than those made my Microsoft. So the notion of "wanting" Microsoft products is pretty mea
Re:Piffle (Score:2, Interesting)
If there was any way that anti-trust cases could be tried as criminal cases, it would be great. This is one way that companies can put a dent in microsoft. Did you know that in some criminal cases, they could freeze their assets. That should be crippiling to microsoft.On the other hand, it could also end up like the market fraud cases with the ceos of enron and world com. Still better than just sitting on your hands.
Re:Piffle (Score:2)
You don't seam to understand that Microsoft, and other public companies, are actually owned by there stock holders. It isn't just the top tier fo
Re:Piffle (Score:2, Insightful)
That's not how it works, or how it should work. If a person or a company like Microsoft commits a crime, then they should be tried in court for that crime and punished appro
Re:Piffle (Score:5, Insightful)
This attitude comes up every time we see some kind of legal penalty against Microsoft, and I don't understand it. I'm not Microsoft fan, but I also don't want to see them bankrupted by the court system. Actually, I don't want to see anyone bankrupted by the court system. Microsoft is a big influental company and a big employer. If they were fined $20 Billion it would not have a positive impact on a company.
Any way you slice it, $850 Million is not chump change. I'll guarantee the accountants and financial officers at Microsoft are not thrilled about giving up over 4% of their cash reserves to a competitor. This ruling seems reasonable to me, and if we have enough of them maybe Microsoft will see the light.
Re:Piffle (Score:5, Insightful)
Y'see, that's where your thinking gets a little wacky. It's supposed to be a penalty, not something that benefits them...
Re:Piffle (Score:2)
Sorry.
Re:Piffle (Score:2)
Re:Piffle (Score:2)
Really? Then why'd IBM settle?
I'm actually quite surprised at all the yip yapping over MS not being 'punished' badly enough without noticing the word 'settlement'. It was about compensating IBM, not bending Billy Boy over a barrel and flogging him.
Re:Piffle (Score:3, Interesting)
Re:Piffle (Score:2)
Does anyone know of a mutual fund that does not and will not invest in Microsoft? I moved my IRA from one fund to another due to their heavy investment in M$, only to have the new fund later do the same thing.
-datastewRe:Piffle (Score:3, Insightful)
It's not just making a point. What about all the little people put out of work after MS kills companies through anticompetitive practices? It's supposed to be a deterrent to them in the future and anyone else thinking of trying such tactics. I don't think anyone's suggesting
Re:Piffle (Score:3, Insightful)
Sorry, but IMHO it's just about impossible for any conscious person to not be aware of Microsoft's actions; none of the "little people" are innocent.
Re:Piffle (Score:2)
Up till now it's been a kind of scoff and a "whatever" whenever a government has tried to put a smack down on Microsoft's shady practices...
I want a government that actually has the teeth to do something about this problem and the INTEGRITY to stick with it...
Until then, it will just be business as usual MS style.
Re:Piffle (Score:5, Insightful)
It's like successfully convincting bank robbers go after then letting them go with a fine of 50% of the money they stole, but letting them keep the other 50%. If they can get away with illegal activities and make a profit from it, what is the point in having a legal system at all? Surely there should be some sort of detterent to prevent them doing it again?
Three strikes (Score:2)
The problem is Microsoft just calculates how much they expect to pay in fines etc. each year, and simply work it into their operating costs and into their pricing. Believe me, Bill Gates is laughing about this, all the way to the bank, because to Microsoft, this is just another cost of doing business on the balance sheet ... and like any other operating cost, they just make sure their prices cover it - so he knows it is in fact his own customers that are paying for this in the end. This is actually the wors
Re:Three strikes (Score:2)
This is ridiclous. We're talking about things that happened more than 10 years ago -- Microsoft surely believed that they either (A) weren't doing anything wrong, or (B) would get away with it scott-free. I highly doubt there was any anti-trust cost-benefit analysis done. (Although IBM may have done one with their weak packaging of OS/2.)
Re:Piffle (Score:2)
Re:Piffle (Score:2)
In a free market these companies should not exist. In theory a company can only exist if it's providing a good or service that's of value to someone. Determining if a company does more harm than good is a tricky proposition. Obviously if a company is commiting fraud or some other illegal act I believe the should b
Re:Piffle (Score:2)
When companies do harm, the person or company that was harmed sues them for damages. They get sued for wrongful death, or whatever. This is our system, and it is an essential part of the "free market". This is not "completely different than a company being bankrupte
Re:Piffle (Score:2)
Consider the fictional company Toxico. Toxico disposes of radioactive and inconvenient waste at a discount. They do so by packaging and selling it as Toxico Treats in your local grocery store. They make huge profits and thousands of people die.
Toxico should obviously not exist. The shareholders should never see a penny. I hope we both agree on this point.
So, certainly we should arrest and charge
Re:Piffle (Score:2)
OK, I'm with you now. Yes, in your example it makes sense that the courts should take all of Toxico's money and not allow them to do business in the future. Guess what I was trying to originally get across is that losing a month's revenue for behaviour that may or may not have caused the demise of IBM's OS/2 is probably a reasonable sum. I don't think the courts should fine a company like M
Re:Piffle (Score:2)
Absolutely. I just used that example because it seemed clear that Toxico would have done a large enough amount of damage that the number would definitely exceed their n
Re:Piffle (Score:2)
I'll point out that punitive damages can also serve a valid purpose, and it may be very reasonable to penalize a company further than the specific damage that was done in this particular instance. For example, it may be very expensive and difficult to litigate certain damages, so Toxico could count on further victims failing to sue. This is not make their enterprise acceptable, so it is fine to charge them punitive damages to discourage them from harmful activity in
Re:Piffle (Score:2)
+1, Insightful
Detractors would say that limited-liability corporations must exist or that old grandmas' would be liable for the actions of the corporation. I say its damn right they should! Stockholders need to play a more active role in their companies. Most people just collect dividends
Re:Piffle (Score:2)
Re:Piffle (Score:2)
If IBM made a statement such that they were going to put the entire $775 million into GNU/Linux marketing, then THAT would cause some restlessness at Microsoft. Pulling another few hundred million out of the drawer otherwise is SOP
Prevention: 0 (Score:3, Insightful)
The answer: Nothing.
Microsoft can afford a few hundred million in order to benefit from anti-competitive actions; by the time the courts catch up with Microsoft the benefits must be immense.
I'm sure Microsoft is happy that the pros outweigh the cons. The company has continued anti-competitive practices even though it has previously been fined for similar crimes, and it always comes up smelling of roses.
Why not? (Score:5, Insightful)
Why not?
If they were being vindicated by the legal system, then they shouldn't be driven to bankruptcy (or inconvenienced at all) by its costs.
But if they have a consistent pattern of wrongdoing and profit from it, are consistently convicted for it, yet continue in the misbehavior because it's profitable despite the penalties, why not raise the penalties until they either stop the illegal behavior (because it beomes UNprofitable) or go bankrupt (and thus stop it by ceasing to exist)?
Judgements are supposed to do two things:
- Repair the damage to the injured party by giving him financial compensation.
- Penalize the injuring party, to deter future wrongdoing.
You'll find that distinction in the judgements themselves, which are divided into "compensatory" and sometimes "puntative" damages.
Punishments are SUPPOSED to give enough pain or inconvenience to deter future misbehavior, make illegal acts unprofitable, and make repeat offenders unable to continue. They do this by escalating when repeated convictions show the pattern continues, until they become completely debilitating.
As for the stockholders suffering losses due to the officers' choice to break laws as corporate policy: The stockholders are the ones who pick the board and vote on major issues, and the board is who picks the officers and votes on day-to-day issues. So if the stockholders pick crooks (or crook-pickers) and then keep voting to retain them, it's APPROPRIATE for them to be hit in the wallet. It's an incentive on THEM to pick some non-crooks to clean house - or dump the stock on someone who will (or is willing to take the heat) before the crooks make it worthless.
As for the economy: It got along fine without Microsoft, and can do the same again if necessary. There have been plenty of other companies (and universities, and volunteer organizations) that made perfectly usable software in the past, and in the absense of the 268 Billion Dollar Gorilla I'm sure there would be again.
Many states now have "three strikes" laws to lock up violent (or "serious") repeat offenders and throw away the key. Perhaps we need something similar for corportations.
Re:Why not? (Score:2)
Absolutely, and I don't think Microsoft will be around or as dominant as they are in the future, but the bottom line is bankrupting Microsoft would have an immediate negative impact on the e
Re:Piffle (Score:3, Informative)
This does not include this settlement with IBM.
Re:Piffle (Score:2, Interesting)
Its not important whether Microsoft notices the drop in the bank balance or not. The continual slaps on the wrist make public display of the bad practises at Microsoft, and that may make others think twice about the yummy lollies MS offers. Also, these payouts put money in the coffers of Microsofts competitors; it may be trivial to Microsoft, but it is real hard cash that allows others to keep competing.
Consider what $850M could buy IBM in terms of OSS software project funding, and the effect that will
Re:Piffle (Score:2)
If IBM was seeking compensation instead of punitive damages, then MS's net worth doesn't matter in the slightest.
Not that it matters around here, though. Microsoft is evil so the gov't should just take all their money away.
Re:Piffle (Score:2)
Of course IBM could, as the news suggests, hit them again for more money, it's hardly going to dent Microsoft. What they need is restraint or some measures with some teeth in them which raise the bar."
Who mods this crap up? Why don't you buy some stock in MS, and then see if you like arbitrary billion dol
Re:Piffle (Score:2)
Translated into English... (Score:5, Insightful)
And this helps which company, again?
Re:Translated into English... (Score:2)
Agreeing to settle is not admitting guilt. Even with the large sums at hand there's a point where it's cheaper to settle than to drag things on.
I recall OS/2 Warp having its own set of problems. At the time I worked for a software retail store and OS/2 Warp was probably the most returned product the first couple of weeks it came out. Complaints ranged from "constant crashes" to "severe data loss". Win95 wasn't perfect, but we didn't have nearly the n
Re:Translated into English... (Score:2)
Still, regardless of the numerous problems with OS/2 and it's marketing, Microsoft's predatory OEM contracts were an undeniable fact, and IBM deserves their piece. (MS signed their first consent decree in 1994.)
Re:Translated into English... (Score:2)
The fork lift pulls up to the front steps of IBM headquarters and unloads several large crates marked "OpenServer 6". Crouched inside, Darl waits patiently, grinning, knife in hand. Hoping. Praying they take the bait...
It's more like... (Score:2, Insightful)
This hurts Microsoft, no doubt about it; and some chunk of IBM's workforce which hasn't yet installed the latest MS Office (or Halo?) gets to do it for free...
It's a CREDIT, not FREE NEW STUFF (Score:2, Informative)
ps I am an IBMer.
You should also know that IBM, internally, plans to convert at some point over to Linux and open-source based platforms for its employees. There are pilot programs already underway.
Re:Translated into English... (Score:2)
And this helps which company, again?"
Nice red herring. What about the other 3 quarters of a billion dollars MS has to pay IBM simply becuase MS beat them in a free market.
Re:Translated into English... (Score:3, Funny)
Re:Translated into English... (Score:2)
What IBM should do is either ta
Re:Translated into English... (Score:2)
Re:Translated into English... (Score:2)
What about everyone else? (Score:5, Insightful)
And what software competitor didn't suffer from Microsoft's discriminatory pricing and overcharging practices?
Speaking of the U.S. Justice Department's antitrust suit against Microsoft, what I want to know is: Has the Microsoft approved penalties for the antitrust trial they lost fulfilled the requirements of antitrust law?
The law requires that a remedy:
Stops The Unlawful Conduct
Prevents Recurrence Of Unlawful Conduct
Restores Competitive Conditions To The Market
Has this happened? What's your opinion?
Re:What about everyone else? (Score:2, Funny)
Re:What about everyone else? (Score:2)
duh (Score:2)
IBM freed up by sale of PC division (Score:5, Insightful)
I get the vibe that MS knew that IBM had brought itself into a far stronger position WRT MS, and decided not to put up a fight.
Re:IBM freed up by sale of PC division (Score:3, Interesting)
That would be putting in mildy.
With IBM dumping Lenovo, they have effectively purged a cancerous Microsoft division residing withing IBM itself.
Hopefully we will see this start to happen on smaller scales across the business computing world where many companies effectively have their IT department acting as an extension of Microsoft.
On A Side Note (Score:5, Funny)
When asked what was the primary reason for the cost inflation, a Microsoft spokesman was quoted as saying, "Were going to fuck IBM every little bit we can."
Sad (Score:2, Insightful)
Re:Sad (Score:2)
Insightful? Hardly. More like clueless...
$775 million cash is in the form of vouchers (Score:2, Funny)
Good... (Score:2, Funny)
Harm to servers (Score:2, Funny)
That is provided free-of-charge by Microsoft Windows Server.
My Rights Online... (Score:3, Insightful)
A drop in the bucket (Score:5, Interesting)
At $11.24B/year, they make that much in a single month [yahoo.com].
With SmartSuite out of the way, their Office package is the basically the only commercial offering out there. Microsoft's predatory, monopolistic practices easily made the company $850 million this year, and they've been doing it for a lot of years.
Some days, my faith in the system is tested.
Re:A drop in the bucket (Score:2)
Re:A drop in the bucket (Score:2)
Actually, it was Microsoft's practice of making products people want that made them their money. The difference? You can't make money on monopolistic practices without a product in high demand.
Amicable (Score:2, Insightful)
Money is oh so amicable.
Raises for everybody (Score:4, Insightful)
Yet this isn't enough (Score:4, Interesting)
Good for IBM, though the market has still not recovered - but yet we've got these goons in Washington taking fat checks [lxer.com] to keep the monopoly going strong. This is no small problem, and it is only going to get worst without some corrective action from congress.
Re:Yet this isn't enough (Score:2)
Intel should worry... AMD suit (Score:5, Insightful)
The payout is one of the largest that Microsoft has made since U.S. District Judge Thomas Penfield Jackson ruled in 2000 that Microsoft engaged in anticompetitive practices. Jackson's ruling cited IBM as a company that Microsoft had forced to "desist from certain technological innovations and business initiatives."
For example, Microsoft didn't charge all computer makers the same amount for its Windows operating system, allegedly using higher prices as a cudgel against PC companies that didn't comply with Microsoft's wishes
Re:Intel should worry... AMD suit (Score:2)
that's one tall stack of cash (Score:2)
Microsoft wins again (Score:5, Insightful)
Microsoft will pay IBM $775 million cash in addition to $75 million in credit.
To MS, $775M is not that big of a deal. But having IBM get $75M worth of stuff from them is. Even if it's on credit. Remember - MS makes it's money off of mindshare. And having IBM who has rather recently and somewhat famously embraced Linux suddenly get $75M of free MS stuff is a huge win for MS.
I'll bet if the deal had been on the table to simply pay IBM $775M to accept $75M in MS products, MS would have gone for it. They'd pay that much to have $75M worth of mindshare suddenly implanted into one of the largest Linux players out there.
Re:Microsoft wins again (Score:2)
They could always just buy 75$ millions of Optical mouse and keyboard. Or whatever hardware microsoft dare to come out with that will work fine with Linux.
Re:Microsoft wins again (Score:4, Interesting)
If they want to take a poke at MS, though, they could set up an amnesty program, such that when any company is being muscled by the BSA, funds from the $75M are used to bring that company into compliance for past use, possibly in exchange for adopting IBM software in the future.
Re:Microsoft wins again (Score:2)
Who says IBM ever has to USE this new $75M line of credit?
Naturally, they will, because an organization the size and breadth of IBM is going to have some Windows-based components in it. I don't see it following that IBM will have to promote Windows mindshare to its end-users, though.
Re:Microsoft wins again (Score:2, Funny)
Re:Microsoft wins again (Score:2)
Basically, what they've done is dropped the cost of Microsoft on those boxes, increasing their profit margin. Of course, this can even go internally; they don't nessicarily have to sell those licenses they just got their hands on. They can use it on their own
Re:Microsoft wins again (Score:2)
I would call loosing a total of 850M to IBM to put in to their warchest not a victory - actually it is a pretty big loss. Actually, in the areas where they compete, IBM has now 850M more as well as
GPL OS/2 (Score:3, Interesting)
Re: (Score:2)
Re:GPL OS/2 (Score:2)
I guess things look good for AMD :) (Score:2)
I guess we'll see
As an old OS/2 user, please permit me to say... (Score:4, Interesting)
hahahahahahaha!
hahahahahaha!
hahahahahahaha!
hahahahahaha!
hahahahahahaha!
Aaaa-hahahahahaaaa...
Aaaaaaa-hahahahahaaaaahahahahaaaaaaaaaaaa....
Oh well. I guess it's great for IBM that they got paid, but what about the pain of all the BSOD's that we poor users had to contend with for - oh - a decade or so, where we could instead have been using a properly multitasking, threaded and memory protected OS.
Re:As an old OS/2 user, please permit me to say... (Score:2)
Unfortunately I make my money off win32 programs these days, but having a open mind prepares me for a shift in the market, which may (or may not) be coming.
Yeah! (Score:3, Funny)
So my cheque for my failed DeskStar drives is going to be funded by Microsoft. Shweeeeeet!
So SCO suit is a retaliation for this! (Score:2)
Cheap (Score:2)
It adds up... (Score:2)
Real money (Score:2)
If this keeps up it's gonna add up to real money pretty soon.
-
Aside: how does one send $775M? (Score:2)
Does anyone know the mechanics of such a thing? I presume they don't just write a check and drop it in the mail...
The closest I've been to large scale finance is a couple of orders of magnitude short of that sort of thing (and even there, we didn't write a check), so I'm curious. Anyone know?
Re:Aside: how does one send $775M? (Score:2, Informative)
Of course, both sides set it up in advance so the banks know what's comming and going, but it's no different than other wire transfers.
Re:Aside: how does one send $775M? (Score:2)
M$ was aided on OS/2 by IBM's CEO Lou Gerstner (Score:2)
IBM suing Microsoft for anti-trust? (Score:2, Funny)
Re:jeez... (Score:2)
No, it's amazing that so many windows users don't know the history of Microsoft.
Government interest in Microsoft's affairs had begun in 1991 with an inquiry by the Federal Trade Commission over whether Microsoft was abusing its monopoly on the PC operating system market.
Review the references here:
MS vs USA [wikipedia.org]
Enjoy,
Re:What a bunch of hypocrites. (Score:2)
As a matter of fact, it's likely that you'll see IBM take that $775 million and dump it into it's GNU/Linux and open source initiatives.
There is a difference between IBM and SUN.
LoB