The Emmerson Connection

Updated … See end of Post.
Remember when two years ago the buzz spread on the web that Microsoft was backing SCO in it’s ridiculous lawsuit / assault on everything Linux. The self-righteous indignation of Microsoft and SCO was something to behold. Then there were leaked emails and a certain Mike Anderer was exposed. SCO still maintained that there was no Microsoft connection despite BayStar openly admitting they had been contacted by Microsoft to invest $50 Million in SCO.

Here’s the SCO quote so there is no mistake and no more mischaracterization

“We believe the e-mail was simply a misunderstanding of the facts by an outside consultant who was working on a specific unrelated project to the BayStar transaction and he was told at the time of his misunderstanding. Contrary to the speculation of Eric Raymond, Microsoft did not orchestrate or participate in the BayStar transaction.”

Fast forward two years to today.

As always, Groklaw in its unrelenting detailed analysis of this case has now uncovered a true gem in the court documents. In IBM’s recent motion for summary judgment is a Declaration from BayStar general partner Larry Goldfarb.

“Mr. Emerson [Microsoft’s senior VP for corporate development and strategy] and I discussed a variety of investment structures wherein Microsoft would ‘backstop,’ or guarantee in some way, BayStar’s investment. Microsoft assured me that it would in some way guarantee Baystar’s investment in SCO. Mr. Goldfarb states that after BayStar made the investment, Microsoft “stopped returning my phone calls and e-mails, and to the best of my knowledge, Mr. Emerson was fired from Microsoft.”

The above is a direct quote from page 27 of the pdf file. I looked at it myself just to be sure I wasn’t quoting from a secondary source. I am sure the denials will be out soon. Here’s one from Info World.

Microsoft did not immediately respond to a request for comment Monday. In a report in the online edition of The Wall Street Journal, a Microsoft spokesman said it never made any such guarantee to BayStar.

Remember folks, unlike Microsoft’s PR department, Larry Goldfarb was not talking to the press here. He was under oath making a Declaration in front of the Nazgul lawyers of IBM. Who do you think is more credible? I wonder where Richard Emerson is today, and if he indeed got fired, when and why did that occur? How much do you want to bet that MS will now claim that Emerson was acting all alone. That he had no authority to make such a deal. That Ballmer, Allchin, Gates, et. al had no knowledge of such shenanigans. Why, heavens no! As soon as they found out, they promptly fired Mr Emerson. That he dreamed up this scheme to effectively destroy the credibility of IBM and of Linux all by himself.

Boy, do I need a tin foil hat today!

To me, this declaration by Goldfarb is the smoking gun if ever we needed one. It once again proves who was behind this whole saga. You still think Microsoft is the new benevolent “Open Source” loving company that it claims to be? I have never lost my distrust of Microsoft, and this just reaffirms my distrust. They are the same evil, repugnant, morally and ethically bankrupt monopoly they have always been. They are no longer able to do evil things first hand due to the DOJ scrutiny, so they get scumbags like Darl McBride to do their dirty work for them. Every Microsoft shill in the Tech Media that pooh poohed the MS / SCO connection as a tin foil hat Linux Looney conspiracy theory two years ago now needs to eat crow. And Ballmer and company need to remember the lesson we teach little kids every day. Liars ALWAYS get caught in the end.

Updated… This is apparently a fast developing story. Groklaw now has the full text of the Goldfarb Declaration. It reinforces what I have stated above. It appears that Richard Emerson was not the only Microsoft employee Goldfarb was dealing with.

“In addition, I had discussions with Kenneth Lustig, Microsoft’s managing director of intellectual property and Tivanka Ellawala, from Microsoft’s corporate development department regarding the SCO deal. As part of these discussions, Microsoft assured me that it would in some way guarantee BayStar’s investment in SCO. However, Microsoft would not agree to put anything in writing on this point.”

Oops. There goes the lone ranger theory. An absolutely laughable response from the Microsoft Spin department.

“Microsoft has no financial relationship with BayStar and never agreed to guarantee any of BayStar’s $50 million investment in SCO. The BayStar declaration confirms that no guarantee was ever provided.”

Folks, someone’s pants are seriously on FIRE.

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