decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
OSDL Definitively Says No to MS
Sunday, August 28 2005 @ 11:43 PM EDT

ZDNET's Joe Brockmeier has the story, a confirmed no from OSDL's Stuart Cohen to Microsoft's Martin Taylor's invitation to do joint research. Joe tells us this:
On Friday, I had a chance to have a short talk with Cohen, and got a definitive answer. Cohen said that "there is no way we would do a joint research project with Microsoft." If OSDL were to participate in such a project, Cohen said that when the report came out, no matter what the broad outcome of the report was, anything negative about Linux would be exploited for marketing purposes by Microsoft.

Setting aside the marketing implications, Cohen also stressed that "no one is clamoring for" OSDL to do a market research paper with Microsoft. (Other than, I suppose, Microsoft…) OSDL does commission white papers and studies from time to time, when it makes sense to do so for their member organizations — but "nobody's been asking" for OSDL to produce a research project like what Taylor proposed.

It's also worth noting that Cohen's conversation with Taylor was supposed to be off the record, and that he was surprised to see it turn up in the press a short while later.

Surprised? That Microsoft didn't behave itself? Welcome to "partnering" with Microsoft. The article goes on to explain that OSDL would be willing to to do what it takes "to make it easier to manage environments with Linux and Microsoft products," and the article links to Groklaw's "Microsoft's Problem: It's Not Easy Being Mean," and says that one reason Microsoft might have asked to partner is that Microsoft is interested in improving its image by at least looking like it is interested in working with OSDL. That's one possibility.

In researching on another Microsoft issue tonight, I came across this explanation of how discovery generally goes in Federal court, and I thought it would help you understand the process we've been watching in SCO v. IBM:

The initial round of document requests and interrogatories merely define the scope of the negotiations to follow. Justice Department lawyers ably exploit the convenience of word processing, boiler plate document requests and interrogatories. They are frequently overbroad and burdensome both in scope and number. Both the department and the recipient expect that the recipient will respond with a written objection, which is necessary to preserve the right to object later in court, and a telephone call. The negotiations that eventually lead to an agreement about what will actually be produced, and the timing of that production may last days, even weeks. During the course of negotiations, the department narrows and refines its requests while the recipient gradually is forced to concede the department's right to see certain, more specifically defined categories of documents. Frequently, the recipient agrees to produce a limited number of some category of documents, with the hope that once the department sees a sample of the material, it will lose interest in the remainder.

As you can see, all that we saw is entirely typical. Now, think about SCO's discovery whining and merge it with this article. What do you get? Me, too.


  


OSDL Definitively Says No to MS | 61 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections
Authored by: IRJustman on Monday, August 29 2005 @ 12:37 AM EDT
Post 'em if ya got 'em!

--Ian.

[ Reply to This | # ]

  • Corrections - Authored by: Anonymous on Monday, August 29 2005 @ 03:37 AM EDT
OT linkage
Authored by: IRJustman on Monday, August 29 2005 @ 12:38 AM EDT
Remember to make it clickable per instructions below and remember, post as
HTML.

--Ian.

[ Reply to This | # ]

Microsoft finally realizes it's not a big mean Grizzly
Authored by: kawabago on Monday, August 29 2005 @ 12:43 AM EDT
It's a dear staring into the headlights of linux.

---
TTFN

[ Reply to This | # ]

Nope, not surprised
Authored by: inode_buddha on Monday, August 29 2005 @ 01:07 AM EDT
Nope, not surprised, and the fact that I am not surprised is in itself the sad thing, IMHO.

It's all well and good to desire to change one's image; but I very much doubt that it's possible without first changing one's internal viewpoint beforehand.

---
-inode_buddha
Copyright info in bio

"When we speak of free software,
we are referring to freedom, not price"
-- Richard M. Stallman

[ Reply to This | # ]

Engineer in Hell
Authored by: PM on Monday, August 29 2005 @ 01:20 AM EDT
This ODSL meeting reminds me of a joke about an engineer (the type with a degree
from MIT, Caltech etc) who upon his arrival at the pearly gates was accidentally
consigned to hell (it was Peter's day off or something). He however made the
best of a bad lot and set about installing air conditioning, hot water services
etc and Satan was delighted. Now the Lord and Satan have occasional meetings (a
bit like the ODSL and Microsoft meeting) to discuss essential matters of mutual
concern. The Lord raised the matter of the engineer and requested that he be
released to Heaven. "No way" said Satan "He is far too valuable
to us". The Lord intimated he would take Satan to court over the matter.
"Where do you expect you are going to get a lawyer from?" sneered
Satan.

[ Reply to This | # ]

OSDL Definitively Says No to MS
Authored by: Anonymous on Monday, August 29 2005 @ 02:23 AM EDT
In the end we all could consider letting MS survive on there office suite. MS
office is nicely bought together and not to shabby after clippy and einstein
were added.

So Through them a bone, Let them have some marketshare left after common sence
kills them off.

Ehh. Whoops. Daydreaming again !. ( or am i ??? )

Retep Vosnul.

[ Reply to This | # ]

OSDL Definitively Says No to MS
Authored by: geoff lane on Monday, August 29 2005 @ 03:48 AM EDT
I'm not such just how machiavellian Microsoft is (when measured, the meter needle just gets wrapped around the end stop) but it occurs to me that any formal relationship between OSDL and Microsoft contains within it huge dangers even for something as apparently simple as a joint research project.

Imagine, just for argument, the Linux configuration turns out to be cheaper, better, safer, greener by some measures. Is there any chance in the world that Microsoft would allow the results to be published?

The downside for Microsoft is so huge that we can be sure that any contract would contain secrecy and mandatory joint agreement to publish clauses. Guess who would end up in court should unfavourable results for Microsoft leak? The OSDL Board of directors and by association, IBM, Novell, Fujitsu, Hewlett-Packard, Computer Associates, Hitachi, NEC, Intel and others.

In fact, the OSDL board looks like a copy of the Microsoft enemies list!

---
I'm not a Windows user, consequently I'm not
afraid of receiving email from total strangers.

[ Reply to This | # ]

That's exactly what M$ wanted
Authored by: Anonymous on Monday, August 29 2005 @ 05:00 AM EDT
In future, they'll have a very convincing reply whenever
someone points out that some study is less than
independent.

[ Reply to This | # ]

burning money
Authored by: Anonymous on Monday, August 29 2005 @ 07:57 AM EDT
That is probably another reason for this proposal.
MS invests pocket change which would be a huge drain in money for OSDL when
matching it.

[ Reply to This | # ]

OSDL Definitively Says No to MS
Authored by: Anonymous on Monday, August 29 2005 @ 09:01 AM EDT
that doesn't surprise - that is typically hard ass business stab in the back
bend down and screw you tactics.

I guarantee that ballmer/gates was behind it.

They will do nothing but screw us over for their own benefit no matter how we
try to partner with them.

The first step they can take is start training their developer partners to write
web pages that are not internet explorer only. This is really setting IT back
to the 80's and client server technology. What is the point of the web if you
have to have a certain browser - so please tell you developers to stick to open
standards.

Another step would be to have office save documents as open office docs. Our
standards are out there and open for everyone to see so go ahead and implement
this anytime. I am sure it will cost a lot less than any funded study that they
want to do.

So go ahead and take these steps ballmer/gate and then maybe we can all start to
get along.

[ Reply to This | # ]

A lose-lose
Authored by: Anonymous on Monday, August 29 2005 @ 11:50 PM EDT
This one is a lose-lose for OSDL and Linux. If OSDL says no, it means they are
scared of the results. If they say yes and go ahead, Microsoft is going to spin
the results their way anyway.

It's just the matter of which one is less 'lose' than the other... Which can
only mean one thing - another brilliant marketing move from Microsoft. You have
to give it to the boys from Redmond - they know how to play that game.

[ Reply to This | # ]

No comparison needed
Authored by: Anonymous on Tuesday, August 30 2005 @ 11:39 AM EDT
As far as I'm concerned, Linux is good at what ever it
does, which is everything. Windows is good at what ever
it does, which is nothing. It's just too bad that so
many people get stuck with Windows on their computers.

;)

[ Reply to This | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )