Google asks court to dismiss lawsuit over Microsoft-only cloud contract
Says agreement in place would let it bid on $60 million deal for cloud services
Computerworld - Google and one of its resellers have asked a federal court to dismiss their case against the U.S. Department of the Interior over Microsoft-only bids for cloud-based services.
Last October, Google and Ohio-based reseller Onix Networking sued the government agency, which they alleged had stacked the deck against the Google Apps suite of services. According to Google and Onix, the Interior Department had demanded that bidders for a $60 million contract use rival Microsoft's Business Productivity Online Suite Federal (BPOS) to provide email and messaging services.
On Sept. 22, Google and Onix asked a federal claims court to dismiss the case.
"Based on the defendant's agreement to update its market research, a process that may include the issuance of a Request for Information, and then conduct a procurement ... in a manner that will not preclude plaintiffs from fairly competing, plaintiffs respectfully move for dismissal of this action without prejudice," Google and Onix stated in their motion.
A day later, government attorneys representing the Interior Department said that they would not oppose the motion, but told the court that contrary to Google's claim, no agreement had been struck.
"Plaintiffs made reference to 'defendant's agreement' ... [but] Defendant, the United States, hereby provides notice to the Court that defendant has made no agreement as represented in that motion," the government's lawyers said.
Neither Google or the Department of Justice replied to requests for comment on the discrepancy.
Last year, the Interior Department had defended its choice of BPOS, saying, "The department determined that although many companies can provide messaging services in general, they either cannot provide services that address the complexity of messaging requirements within DOI, or they could not meet the degree of security required by DOI."
In January, Judge Susan Braden of the U.S. Court of Federal Claims blocked Microsoft from deploying the BPOS service for the Department of Interior.
But two weeks ago, Braden alluded to an agreement between the parties.
"The preliminary injunction issued by the court ... will remain in effect until September 27, 2011, because the parties have represented to the court that they are working in good faith towards an alternative dispute resolution that may resolve this matter in a mutually beneficial manner," Braden wrote in an order issued on Sept. 16.
Gregg Keizer covers Microsoft, security issues, Apple, Web browsers and general technology breaking news for Computerworld. Follow Gregg on Twitter at @gkeizer, on Google+ or subscribe to Gregg's RSS feed . His e-mail address is email@example.com.
Read more about Legal in Computerworld's Legal Topic Center.
- 15 Non-Certified IT Skills Growing in Demand
- How 19 Tech Titans Target Healthcare
- Twitter Suffering From Growing Pains (and Facebook Comparisons)
- Agile Comes to Data Integration
- Slideshow: 7 security mistakes people make with their mobile device
- iOS vs. Android: Which is more secure?
- 11 sure signs you've been hacked
- Pay-as-you-Grow Data Protection: IBM Tivoli's Full-featured Data Protection Suite for Small to Medium Businesses IBM Tivoli Storage Manager Suite for Unified Recovery gives small and medium businesses the opportunity to start out with only the individual solutions...
- Streamline Data Protection with IBM Tivoli Storage Manager Operations Center IBM Tivoli Storage Manager (TSM) has been an industry-standard data protection solution for two decades. But, where most competitors focus exclusively on Backup...
- Simplify and Consolidate Data Protection for Better Business Results Learn about IBM® Tivoli® Storage Manager Operations Center, which provides advanced visualization, built-in analytics and integrated workflow automation features that leapfrog traditional backup...
- HP HAVEn: See the big picture in Big Data HP HAVEn is the industry's first comprehensive, scalable, open, and secure platform for Big Data. Enterprises are drowning in a sea of data...
- Meg Whitman presents Unlocking IT with Big Data During this Web Event you will hear Meg Whitman, President and CEO, HP discuss HAVEn - the #1 Big Data platform, as well...
- The New Way to Work Knowledge Vault This Knowledge Vault focuses on how, in today's increasingly virtual world, it's more important than ever to engage deeply with employees, suppliers, partners,... All Legal White Papers | Webcasts