Feeds

MS not confident of final victory after all, says SEC filing

Not quite what Steve Ballmer's been telling us

  • alert
  • submit to reddit

Combat fraud and increase customer satisfaction

MS on Trial Since the judge delivered his verdict, Microsoft's top executives have stoutly maintained that the company is innocent, will be vindicated, and will not change its business practices. There is no plan B, official.

As we've pointed out here several times, if this is a true statement of Microsoft's policy, it's positively reckless. The split in the company and numerous other measures imposed by Judge Jackson would make it absolutely impossible for Microsoft to carry on developing software the way it always has, so Microsoft's insistence that it has no contingency plan makes it sound like it's betting the whole company on having practically all of Jackson's measures stayed before they can kick in.

Microsoft is also incidentally likely to get itself in hot water with the judge if it hasn't started preparing plans to split the company, like he told it to - sounds a bit like not taking IE back out of Windows, even thogh he'd told Microsoft to do that, a couple of years back.

Then of course the judge was overturned on appeal, so maybe there's some justification for the execs' apparent confidence. But there are some places where you have to leave your PR spin at the door - your Securities and Exchange Commission (SEC) filings, for example.

On Friday a Microsoft SEC filing warned that the company stock could be materially damaged if it failed to get sufficient legal relief through a stay of Jackson's order, or through a successful appeal.

Microsoft says it expects to get relief from some, maybe even all, of Jackson's provisions, but that it is "unable to predict when or to what extent the relief will be obtained."

So although it's already asked the court of appeal for a stay, it doesn't know how much of Jackson's burden will be removed from it, and it doesn't know when either. So what it's telling the SEC's Father O'Leary in the confessional is radically different from what Steve Ballmer is telling reporters every time he opens his mouth - Microsoft is not 100 per cent confident in victory, and is not sure that all of the measures will be removed, either at this stage in the court of appeal, or further down the line.

So about that plan B again, Steve...®

3 Big data security analytics techniques

More from The Register

next story
Ubuntu 14.04 LTS: Great changes, but sssh don't mention the...
Why HELLO Amazon! You weren't here last time
This time it's 'Personal': new Office 365 sub covers just two devices
Redmond also brings Office into Google's back yard
Next Windows obsolescence panic is 450 days from … NOW!
The clock is ticking louder for Windows Server 2003 R2 users
Half of Twitter's 'active users' are SILENT STALKERS
Nearly 50% have NEVER tweeted a word
OpenBSD founder wants to bin buggy OpenSSL library, launches fork
One Heartbleed vuln was too many for Theo de Raadt
Got Windows 8.1 Update yet? Get ready for YET ANOTHER ONE – rumor
Leaker claims big release due this fall as Microsoft herds us into the CLOUD
Batten down the hatches, Ubuntu 14.04 LTS due in TWO DAYS
Admins dab straining server brows in advance of Trusty Tahr's long-term support landing
Red Hat to ship RHEL 7 release candidate with a taste of container tech
Grab 'near-final' version of next Enterprise Linux next week
Apple inaugurates free OS X beta program for world+dog
Prerelease software now open to anyone, not just developers – as long as you keep quiet
prev story

Whitepapers

Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.