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DOJ Allegedly Reaches Consenus on Breaking up MS UPDATED

Quite a number of people have written to us with news that's been seen on CNN regarding the MSFT anti-trust trial. Apparently, government prosecutors are considering breaking the company into three parts - it's expected that MS will appeal the ruling. The parts would be (probably) a Windows OS division, a software division, and perhaps an Internet-business division.Update: 01/12 04:53 by H :We've heard now that the DOJ denies the report - or at least parts of it, saying that it's incorrect in several "aspects".

493 comments

  1. RE: M$ breakup by Anonymous Coward · · Score: 0

    Is this a good thing , or just another way for the Borg to have three discreet cash cows?? I'm confused......

  2. 3 M$ branches? by xianzombie · · Score: 1

    just what we need a trinity of tyranny? After Gates could just by enough stock in all of them to control them still (go network, disney, whatelse?)

    1. Re:3 M$ branches? by albalbo · · Score: 2

      I would imagine that stock would have to be spread, i.e. that one person wouldn't be able to control all three companies.

      I have to say, I think it would be a good thing, both for use in the OSS world, but also for Microsoft - I think MS would love to have the handcuffs taken off and allowed to compete freely (i.e. Office for Linux, etc.)...

      --
      "Elmo knows where you live!" - The Simpsons
    2. Re:3 M$ branches? by Thmad+Hatta · · Score: 1

      Yea..be even nicer to force them to do it, I don't think they'd volunteer

      --
      Pariah on #Desperado@irc.wiretapped.net
    3. Re:3 M$ branches? by albalbo · · Score: 1

      I think breaking up control is the point of the thing - that why they make different companies out of it. Billy G could go out and divide MS up into three sections tomorrow - but if he still controlled all three sections, I don't think it would satisfy the USG.

      --
      "Elmo knows where you live!" - The Simpsons
    4. Re:3 M$ branches? by Anonymous Coward · · Score: 0

      He wouldn't have to buy stock to control them. He already has controlling stock, I belive, in Microsoft. After any split he'll have the same porportion in all the baby bills.

  3. This is a stupid idea by Anonymous Coward · · Score: 0

    I'm sorry, but Microsoft is right when they say that they need to be able to innovate their products. Perhaps they don't do it quickly enough, but the Internet is becomming so intertwined with all types of software that you can't just separate them out. I kind of like the idea to create multi-Microsofts, each with all the source code.

    1. Re:This is a stupid idea by Anonymous Coward · · Score: 0

      OK, well what you said makes absolutely no sense.

      You forget your morning dose of caffeine?

    2. Re:This is a stupid idea by Anonymous Coward · · Score: 0

      Huh! it seems to imply that microsoft have some sort of divine right to the internet, that they wont be able to develop apps for it if they`re split into 3, that splitting them would be a bad thing, and that whats bad for M$ is bad for us! I dont think its caffeine (s)hes missing! ;)

    3. Re:This is a stupid idea by um...+Lucas · · Score: 2

      I understood what he said... Maybe you need your coffee? :)

      It's Larry Elison's idea. Rather than split them vertically across applications, which would still leave one company with a monopoly on Operating Systems, another with a near monopoly on Office Suites, and a 3rd with an ungodly amount of cash to fund it's failing internet ventures, Elison suggested splitting them horizontally, where we'd end up with several companies distributing Windows and Office in a vie for supremecy.

      I think that would be the best scenario. Microsoft and their allies say that this would cause confusion by having many incompatible versions of WIndows and such, but in reality, the incompatible versions will go out of business rather quickly, unless they've introduced something so radical that it actually can not run 16-bit software anymore...

      And as for the internet becoming so intertwined, etc... it wasn't this way a few years ago, and Microsofts motives for bundling IE were clearly not for the consumer but rather to squasch Netscape, but these days, web browsers should be included with operating systems. They don't need to be as deeply "integrated" as what MSFT has done, but the reality is that in the future, companies distributing OS'es will need to be able to include technologies with their OS that aren't necessarily parts of the OS themselves...

    4. Re:This is a stupid idea by Anonymous Coward · · Score: 0
      It makes perfect sense, even if it is a little too succinct. I also agree with the point.

      The Mini-Microsoft idea essentially splits Microsoft into two or three separate companies that each have all of the code of the former MS. They can then compete with each other based on innovation, etc...

      The problem with splitting MS into functional branches is that the monopoly is maintained, and the whole Borg thing can start again. The OS unit begins to absorb applications (ala IE) and the effect on the user is that the de facto standard OS comes from one company and the de facto standard office suite comes from another. But has anything really changed?

      If two or three companies have *all* the code, they compete with each other (and Linux, BeOS, Applixware, Opera, etc..) on a range of products and the market decides who has the best solution. Prices should fall. OEMs have more choices. If one of the mini-MS companies is far more successful than the others (with better pricing, say, or a more stable product), there might be impetus for the weaker company to publish all internal APIs in order to boost business, etc...

    5. Re:This is a stupid idea by Anonymous Coward · · Score: 0

      Prices won't fall. Prices will go up. Or, at least, costs will go up. Tremendously, as interoperability breaks and everything becomes as loosely coupled and broken as the typical Linux desktop.

      Of course, that means more money for sysadmins, to 'help the mere users' figure out the mess.

      And more money for the Larry Ellisons of the world, so they can wear even more flashy suuts when sexually harassing employees.

    6. Re:This is a stupid idea by Anonymous Coward · · Score: 0

      No F^@%ING way do I want a browser integrated with my OS of linux. I want to pick out the GUI of my choice with the browser of my choice.
      Browsers are at the other end of the spectrum when it comes to an Operating System.
      I do think that networking protocol STANDARDS could/should be supported near the kernel, but not the browsers - that's totally stupid.

    7. Re:This is a stupid idea by um...+Lucas · · Score: 2

      I'm not saying put the browser in the kernel or anything. I'm just saying put the browser on the CD. KDE integrates a browser. Redhat ships Communicator. I haven't yet used Gnome, but i can't imagine that it wouldn't include one. And everyone in the world will at the very least include Mozilla once it ships, and somewhere out there, someone will try to integrate it with Gnome or KDE in some way shape or form.

      Microsoft would quickly be at a major disadvantage if they could not ship a browser with the operating system. The deal would need to be that said browser has the standard uninstall feature that almost every other windows app has. No big deal... you want it, you've got it. You don't want it, hit remove, it's all gone...

    8. Re:This is a stupid idea by psicE · · Score: 1

      You'll still end up with Bill Gates' company winning and becoming a monopoly again. Instead, break it up horizontally and vertically. Three companies take Windows, three companies take Office, three companies take the Internet. You can even let Microsoft decide how those are interpreted, just give them the requirement that by one year from the breakup the three versions of each software have to have new trademarks and be incompatible, either in file format or program format, with the others.

    9. Re:This is a stupid idea by um...+Lucas · · Score: 1

      You seem to miss the point. It is not to mandate incompatitablility. The successful companies would NOT be incompatible with eachother. Rather, they would add features that users asked for, offer different versions at different price points, etc...

      To mandate incompatibility would be absurd. Why would it be necessary to mandate incompatiblility, when again, every other platform out there has some form of compatability? Unixes are partially portable... Java exists...

      No. You just want to set up multiple companies to that some competition forms in the OS market. If Bill Gates runs one, Steve Balmer another and someone else the third, you'd have real competition. Bill would not have authority over Steve, anymore.

    10. Re:This is a stupid idea by flatrock · · Score: 1

      The real problem I see with splitting Microsoft into several Baby Bills is that it's impossible to split up Microsoft's resources into seperate but equal companies. This isn't Ma Bell where there are physical boundries. Microsoft's greatest assets are their employees, and the government can't just tell the employees that they have to work for a specific company. Either you end up with each Baby Bill lacking essential personel with knowledge in certain areas, or one of them gets the good people, or simply hires them from the others. You can't ban the employees from choosing which company they work for, that would be grossly unfair to them. The company which ended up with the key personel would have a huge advantage.

      The next problem is that each Baby Bill will "enhance" their products in different ways. This results in both competition and imcompatibilities. This will be a nightmare for consumers who have been blissfully able to simply buy Software that worked on MS Windows in the past. Big corporations will see their IT costs skyrocket, and will react by standardizing on Baby Bell #2's Windows. The Baby Bells don't even have to play nice. They are no longer Monopolies, Antitrust Laws no longer apply. They tie products together and strongarm OEMs to the best of their abilitys as long as they don't try and cooperate in their efforts.

      Forcing Microsoft to auction their source to several different companies has even more problems. The government can't just seize Microsoft's property. They have to be given a fair price for what is taken. Who can afford to pay a fair price for the intelectual property of one of the most properous companies in the world. Don't forget, they have to pay cash. You can't do any stock swapping because that would lead to conflicts of interest. Nobody has that kind of money.

      Assuming that I'm wrong, and there are three companies which can afford the price and choose to buy the software, you end up with three companies that get millions of lines of source code which they don't understand. Microsoft retains the employees which wrote and understand the code, and now they have even more billions of dollars to dump into development. It's unlikely you'll companies that think that's a viable business plan.

      If you're going to split Microsoft up, it has to be along product lines. Yes, this leaves them with Monopolies in both the OS and Productivity Apps. But in reality, it's quite possible that these are natural monopolies. Having a monopoly is not illegal! Microsoft's crime is in how they abused their Monopoly. The punishment needs to address the crime. Splitting Microsoft along product lines helps keep them from forcing OEMs put both Office and and Windows on every PC they sell. Microsoft's licensing policies and prices would also have to be more open and equitable.

      Actually behavioral remedies will likely solve the same problems without splitting up Microsoft. They would have to make Microsoft charge OEMs similar prices, or have set volume discounts. They would also have to change Mrosoft's habbit of forcing an OEMs to pay for Windows for every PC they produce wether they load Windows on it or not.

      There is a problem that behaviorable remedies won't solve. If you don't split up Microsoft, Office will always be tied to Windows. By tying Office to Windows Microsoft is able to offer innovations they couldn't otherwise add, so it's possible that this isn't such a bad thing for a large percentage of consumers. There is also the issue that the government's case really didn't deal with abuses resulting form Microsoft abusing their monopoly in the application market. Since the case didn't cover it, why is the remedy trying to punish it. I'm not saying the abuses don't exhist, I'm just saying that Microsoft did't receive a trial on those abuses yet, so they shouldn't be punished for them until they get a fair trial.

    11. Re:This is a stupid idea by Anonymous Coward · · Score: 0

      Beautiful! Moderate this up!

  4. good news by MeYatch · · Score: 1

    This is the best news I have heard all week long. Now with 3 seperate Microsofts we can have quality M$ software for Linux (I don't care what you say, a lot of the software they make is really good). But the OS half will still have to retain some of it's software right? What about solitare and such? What part will Bill Gates be in charge of? The OS part?

    1. Re:good news by xtremex · · Score: 1

      I agree as well..even though I hate M$ as much as the next guy, they do make some good products. In my opinion..Encarta was the best thing they made..besides Windows 3.1 (I actually thought Win3.1 was a fantastic OS...never crashed)

      --
      If you're not a Liberal in your 20's, then you have no heart.If you're still a Liberal in your 30's you have no brain.
    2. Re:good news by Anonymous Coward · · Score: 0

      Well, I am the next guy, and I think I hate Microsoft more than you.

    3. Re:good news by Anonymous Coward · · Score: 0

      Well, I am the next guy, and I pre-ordered Windows 2000 last night. It became available to preorder last night.

      So I guess I don't hate Microsoft much.

      I think Larry Ellison sucks, though. He's a slimeball.

    4. Re:good news by Anonymous Coward · · Score: 0

      What a joke. Do you expect us to actually belive a word you say? First Win 3.1 wasn't an OS it's just a shell for DOS - think of it as KDE/Gnome/FVWM etc. Second Win 3.1 never crashed? Did you ever actually use more than Notepad on it? Windows 2000 doesn't crash, but Win 3.1 has 'uptimes' measured in hours at best.

  5. What about IE by gbooker · · Score: 1

    Does this mean that Ineternet Explorer can no longer be considered part of Windows? Will the three companies have different names? If they do, I wonder what they could come up with. How about crashsoft and bloatsoft. Well, it will be interesting to see what comes of this.

    --
    You see? It's like I've always said. You can get more with a kind word and a 2x4 than you can with just a kind word.
    1. Re:What about IE by linebackn · · Score: 2

      Well, the judge already declared in the FoF that browsers are separate from operating systems, so I would imagine that if this breakup went through IE could no longer be an "integrated" part of Windows (yay!). I don't imagine that there would be any problem though if the OS division licensed IE from the app division for distribution with Windows as long as it is included as an optional, add / removable component like Hyper Terminal or WordPad - this is really how it should have been from day one in my opinion. This would be a great benefit to consumers as they would for once have a true choice as to which browser(s) are or are not installed on their computers.

    2. Re:What about IE by jilles · · Score: 2

      MS further demonstrated this point by porting IE to other, non MS OSes showing that the browser->OS dependence is bullshit (i.e. the OS is not an integral part of a browser).

      The other dependency (the browser is an integral part of the OS) was disproved during the trial.

      I hope the two will end up in different parts of the post-trial-microsofts. With the fake dependencies eliminated the two will be able to evolve seperately opening the way for making the browser dependencies standards compliant thus enabling to use any standards compliant browser rather than just internet explorer.

      The integration of browser and OS on itself is quite a good idea. It's only the fact that MS decided to rely on their own standards rather than the W3C standards that bothers me.

      --

      Jilles
    3. Re:What about IE by Anonymous Coward · · Score: 0

      It could have been more subtle than that. The port (of IE to HP-UX at least) seemed to me to be intentionally lame, as if to demonstrate the supposed "inferiority" of the Unix platform.

    4. Re:What about IE by truefluke · · Score: 1

      Windows and MS are bloated? OK, but look at GNOME and KDE. They aren't featherweights either. They are BLATANT attempts at giving some Win95 functionality to the Linux / UNIX OS.
      IE? IE Doesn't crash on me like Nutscrape does. Netscape is *barely* tolerable running in Windows. In Linux, it is even worse. Don't shift the blame on MS if a competitor's programmme crashes on the OS. Windows has lots of problems, but with a little diligence and maintenace, Win98Se runs just fine for me. Pay attention to apps you install, don't buy or use weak freeware crap, back up your C:\Windows\System folder (the DLL home) before you install anything major.
      C'mon people. It simple. Linux has its problems, too. For example: I realise that glibc2 was "a much needed update" but so far, its sucks! I've seen more errors in Linux now than in the days of libc5! KDE=Qt? There's some bloat for you. gtk+ has a lot of potential but requires a machine with a lot power before it works well. X? Don't even get me started. I've spent as much time if not more within Linux than Windows and they BOTH HAVE THEIR PROBLEMS!
      There IS NO PERFECT OS! So stop slinging around this tired rhetoric.
      ~just a lowly user who *knows* what choice is and exercises it.

      --
      spam, spam, spam, spam, e-mail, news and spam.
    5. Re:What about IE by Anonymous Coward · · Score: 1

      The fact that Win32 or GNOME are bloated and fat don't disprove the notion of fully functional and efficient GUI's. Open standards and diversity allow for such thing to at least have a chance to flourish under Linux.

      I DON'T NEED gnome or kde as a Linux user to exploit those features that they offer. I can put up with them as little or as much as I like with little to no ill effect.

      That's a considerable difference from the MS way of trying to maintain the customer as a captive user.

    6. Re:What about IE by Anonymous Coward · · Score: 0

      On the otherhand, IE for Macintosh actually has certain features that aren't in the Windows version. It's not as fast, but that's generally true about software running on a Mac.

    7. Re:What about IE by odaiwai · · Score: 2

      FearSoft
      UncertaintySoft
      DoubtSoft.

      HTH. HAND.

      dave

    8. Re:What about IE by Anonymous Coward · · Score: 0
      On the otherhand, IE for Macintosh actually has certain features that aren't in the Windows version. It's not as fast, but that's generally true about software running on a Mac.

      But Microsoft has a history of supporting Apple. I beleive they make a significant amount of $$$ from Office on the Mac. They don't make any money from HP-UX.

      As for the speed thing, I heard that Photoshop is faster on macs than on PCs.

  6. Is it all still necesary? by mauddib~ · · Score: 1

    What I am wondering is if this M$ breakup would eventually help other OS'es. IMHO: No... Linux has stated his point the last 1.5 year to show the public that stable, quick and not expensive OSes can exist. Many companies are now turning over to Linux, and I'm quite confinced that this trend will continue. To be honest: I would like to see this battle till the end: Open-source vs. M$... Well, on the other hand: Maybe Netscape could get a hang on the public again after this break-up. We'll see... (sorry for my English, I'm at school and have no spellingchecker here)

    --
    This is a replacement signature.
    1. Re:Is it all still necesary? by Anonymous Coward · · Score: 0

      Netcape still has 50% of the market share. If all this bullshit were true, why does Netscape still exist, and why did AOL spend so much money to acquire them?

  7. Interesting... by Quantum+Cat · · Score: 1

    The CNN article is rather short, and is just repeating something that's in USA Today.

    I don't suppose anyone knows if the USA Today article is available online?

    1. Re:Interesting... by JEDi_ERiAN · · Score: 1

      yeah, it's online, just got done reading it :)

      -

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      This Post has been brought to you by the letter "E".
  8. 3 Divisions leaves out a few things... by eyeball · · Score: 1

    What about hardware? I'd say it would make sense (for the government anyway) if they split it between two companies: OS and consumer products & services (which would include browsers, office, internet access, and hardware).

    --

    _______
    2B1ASK1
  9. I wonder if it'll "help"... by J1 · · Score: 2

    While the DOJ is of course correct in proposing a breakup (as a direct result of finding Microsoft guilty of monopolysing the market), I wonder whether this will help control MS' influence in any way.

    While having seperate divisions for OS and application software will (hopefully) hamper their attempts to integrate the lot, 90% of the world's PC will still run on Windows. 99% of the world's managers will still choose to use Windows software and Microsoft applications because it is still the de facto standard. Breaking up the company doesn't help here at all.

    Besides, look at what happened with the AT&T breakup. The seperate companies each went ahead to become market leaders in their own segment. It was hardly of any benefit to AT&T's direct competitors.

    In short: I'm not getting up my hopes that this will seriously threaten MS's dominant position on the global market.

    1. Re:I wonder if it'll "help"... by brunes69 · · Score: 2


      Good points. Personally, I wish the Government would keep its sticky fingers out of Big Buiness...at least when it gets this far along. The government should have done something back in the Win3.1 days, when it was obvious something was going on. If they had ruled earler on the Caldera/MSFt/Dr.DOS/Win95 thing, maybe Microsoft would'nt be as greedy and bullheaded.

      Anything the government does to regulate buisness in this fashion never works. Rather than the forced breakup of monopolies, how about passing some good legeslation that prevents this consolodation of power?

    2. Re:I wonder if it'll "help"... by medcalf · · Score: 1

      Sprint and MCI did pretty well out of the AT&T breakup. Certainly long-distance became competitive almost immediatly. Now that the baby bells have become strong, independant companies, they want some of the long-distance market, too. In order to do that, they'll have to open up to local service competition on land lines (as opposed to cell phones). It's taken too long, but still we in the US will soon see competition for local phone service.

      --
      -- Two men say they're Jesus. One of them must be wrong. - Dire Straits
    3. Re:I wonder if it'll "help"... by ben_ · · Score: 1

      While having seperate divisions for OS and application software will (hopefully) hamper their attempts to integrate the lot, 90% of the world's PC will still run on Windows. 99% of the world's managers will still choose to use Windows software and Microsoft applications because it is still the de facto standard.
      Yes, it might. An application division that is focused on profits from those applications will be free to pursue a strategy that does not have to align with that of the OS division. For example, porting Office to non-Windows platforms. The point is, surely, that MS can't then use the fact that their OS is dominant to restrict the platforms that the applications run on.

      --
      ben_ the technologist and platform agnostic
    4. Re:I wonder if it'll "help"... by PhilipKDick · · Score: 1
      I might be the only one who disagrees with you on this issue.

      ...because it is still the de facto standard. Breaking up the company doesn't help here at all. "

      It is still the defacto standard but software gets obsolete very quickly. As soon as a viable alternative emerges I would expect the stranglehold MS have to last for a couple of versions at most. Thats why I'm egarly awaiting KOffice 1.0!

      Besides, look at what happened with the AT&T breakup. The seperate companies each went ahead to become market leaders in their own segment. It was hardly of any benefit to AT&T's direct competitors.

      I think the crucial difference here is that a telecom company requires loads of costly infrastructure whereas software company's main source of revenue is its employees creativity and current market-share. Garage development will not work if you want to set up an AT&T competitor but it's perfectly feasible for a bunch of enthusiasts to write software that competes with commercial offerings.

      In short: I'm not getting up my hopes that this will seriously threaten MS's dominant position on the global market.

      I hope you're seriously wrong here ;-).

    5. Re:I wonder if it'll "help"... by Anonymous Coward · · Score: 0

      "In short: I'm not getting up my hopes that this will seriously threaten MS's dominant position on the global market." This seems to be the underlying theme of most of the posts. I don't care what they do, as long as they cut MS off at the knees. Shouldn't the idea be to allow everybody to compete equally. What some of you are advocating is almost reverse discrimination. I hope your attitude remains the same if Linux is lucky enough to dominate the market someday, as you all clearly wish to happen.

    6. Re:I wonder if it'll "help"... by CodeShark · · Score: 4
      I wonder whether this will help control MS' influence in any way.

      Others have already competently dealt with most of the issues you bring up, but I'd like to chime in with how the Microsoft breakup relates to IT managers.

      The preponderance of M$ software in corporate America has about 80% to do with M$ ability to leverage the desktop and application API(s) to the detriment of every other competitor, and 20% to do with the ability to cut loss-leader deals in one area and then recoup the profit in another. It's called site licensing -- pay a somewhat exorbitant fee for the right to use a CD-ROM to install the same software throughout the company without threat of lawsuit. Buy 10,000 desktop licenses, and we'll cut you a good deal -- and throw in Outlook Express and IE X.X on every desktop!! Buy NT server licenses (which can be very expensive) and M$ throws in the II-S web/application server for free.

      Okay, now divide M$ into three companies as previously described (A) Microsoft OS, (B) Microsoft Apps, and (C) Microsoft Internet. Here's what falls out of the instances previously mentioned:

      • Since e-mail is also an Internet app, Outlook, M$ Mail, or Exchange can't just be thrown in with the OS, because the Internet company has a fiduciary responsibility to maximize profits, not give away product.
      • Buy the site licences for the applications, but the profit can't be used to lower/underwrite the cost of the desktop software.
      • II-S is an Internet application, so it can no longer be bundled with WinNT server (which is an OS). Now II-S has to compete on a dollar for dollar basis with other web servers, including the Open Source ones -- that are free. But since company C (Internet) has to maximize profit, they can't just give it away any more. As a guess -- IIS $1500... Apache -- Free. Hmmmm....company finance guy, what do you think I should choose?
      • Almost done... drivers: Since drivers are part of the OS company, the specs have to be published under an Open API, so that the Applications group and the Internet group can take advantage of them. For example, if TWAIN32 is part of the OS, then the WinAPI that talks to Twain32 has to be fully open so that the app group folks can use it.
      • SQL Server: part of the Applications group. ODBC32: part of the OS. II-S: Internet. Each group has to produce it's best work (less bugs hidden by the API's), and in order to maximize profit, each group has to work with "outsider" companies to improve their products, rather than relying on the monopoly to enforce compliance.
      • I haven't thought this one through, but no more cheating on Java with proprietary WinAPI calls, right?
      End result -- choosing M$ in the corporate environment just got alot more costly and harder to justify. Which will increase the speed of movement in the corporate world AWAY from Microsoft.

      Next thoughts... "90% of the world's PC will still run on Windows..."Take away the ability to cut deals by using the profit from M$-Office to underwrite the cost of the OS. Also, take away the ability to enforce single OS installation on hardware. Now all of the Comp USA(s), Radio Shacks, Circuit City(s) can sell whatever they want, and since the M$ OS now really costs $120 per machine, and Linux, etc. is by comparison --free... And since M$ tech support now costs more, it becomes cheaper to use other Tech support co's, rather than passing on the cost to M$ (which hid it in the Apps profit, etc.)

      Finally, it is a dog to write M$ apps because of the convulted WinAPI. Force the API into the open, and now a company can conceivably develop a code base which can be compiled to be runnable on a larger variety of OS's. For example, if I have 10 WinAPI programmers, and the OpenAPI allows me to use reduce the need to 6, now I can have the other 4 work on porting/debugging the code for other platforms such as Linux, *BSD, BeOS, Mac, etc. So my company's gawsh-this-is-kewl-app runs on a wider variety of platforms. Soon the 90% figure starts to decline, right?

      "I'm not getting up my hopes that this will seriously threaten MS's dominant position on the global market." While I admit that it will take longer for the English speaking market to change, separating MS into the companies forces each of them to develop all of their products independently for all of the different languages, and still maintain profit. So I see a cut in M$ support for non-English and non-EU countries. So the worldwide market for Linux, etc. improves, which strengthens Linux, etc. here in the US.

      Okay, I'm done now.



      --
      ...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...
    7. Re:I wonder if it'll "help"... by lari · · Score: 1

      "In short: I'm not getting up my hopes that this will seriously threaten MS's dominant position on the global market." This seems to be the underlying theme of most of the posts. I don't care what they do, as long as they cut MS off at the knees. Shouldn't the idea be to allow everybody to compete equally. What some of you are advocating is almost reverse discrimination.

      Well, think about it. I mean, through silence and a lack of attention/advocacy from anyone except for a few fringe groups, non-MS OS's and apps have been relegated to a position far, far out of the mainstream. This kind of discrimination has been going on for so long that the only way to combat it is through prescribed action -- so make sure that businesses, public schools, the government, et cetera have a certain percentage of non-Windows machines to balance it out.

      I mean, come on. Maybe it starts out as tokenism, but this kind of affirmation of other systems will eventually lead to an integrated workplace where Windows, MacOS, Linux, BSD, and whatever the heck else you can dream up will work together in harmony.

      How could it *not* work?

    8. Re:I wonder if it'll "help"... by Anonymous Coward · · Score: 0

      That's right, if Linux can't compete on a level playing field, or one slanted against it, the government MUST tilt the field against Microsoft and for Linux. If Linux is so freaking good why is it struggling to reach more than techno geeks?

    9. Re:I wonder if it'll "help"... by Anonymous Coward · · Score: 0
      Are you also going to prevent Redhat from bundling more than the Linux kernel on the CD and force customers to either buy seperate CD's or download everything else? You can't say company A can't do something but company B can.

      It's a dog to write MS apps? You seem to be the only one, there's sure a lot of apps for it being so difficult. Maybe you need to have someone show you how to do it?

    10. Re:I wonder if it'll "help"... by Anonymous Coward · · Score: 0

      "99% of the world's managers will still choose to use Windows software and Microsoft applications" So what you want is the government to deny them their right to choose just because their choice doesn't correspond to your preference? And since you admit that managers actually have a choise and do choose, they would probably choose other products if they where cheaper and better. Cheeper (i.e. Linux) is just not enough.

    11. Re:I wonder if it'll "help"... by Anonymous Coward · · Score: 0

      Simple fact is...it's not. History shows us that one thing is almost always true with computers: superiority does not mean victory. Lower price does. Linux lacks features that users want: games, applications, hardware support and ease of installation. Simple fact all of that is changing at an unbelievable rate. Once the majority of those things are aquired it will take over. Laws of marketting demand it. It's an obviously superior OS, every NT SysAdmin can tell me that. It's not all that difficult to learn or use, my 9 year old brother can tell me that. It's stable, everyone knows that. It's just a PAIN in the arse to install! Once it's installed anyone can go to town on it...hell you don't ever even need to touch the console if you set it up as such. Games are being released, it's getting easier to install (I'm getting Mandrake 7.0 as I write this, and I can't wait to see it's new installer!) even some winmodems are supported now! Linux is gaining name recognition, internally it's a superior product, and it's FREE. One can not beat that monetary price, FREE. Once what I call external superiority (games apps and hardware support) is attained. Users will switch, because they will eventually hear about it in the news, they will eventually switch. Linux only needed help is from hardware manufacturers really; either by the release of specifications, or the release of drivers...and my God...give joe blow idiot user a driver install program PLEASE! Once this happens and game developers see well hey our little gaming kids have the hardware support in Linux, they'll say "Hey, let's port it to Linux too!" As far as applications upport is concerned two things can be done here: A) Market the free applications to the average I only buy from CompUSA or whatever store user and you've got it nailed or B) Get the damned installers looking good. Because once developers see wait any idiot could install this OS, they'll do Linux versions.

    12. Re:I wonder if it'll "help"... by CodeShark · · Score: 1
      You seem to be the only one, there's sure a lot of apps for it being so difficult.

      Nice try, apprentice. Either you are hopelessly naive or trying to be funny. Mozilla has better than sixty developers, large database systems may have anywhere from 10 to 100, many games have 4-6 main coders, so the number I used in my example(ten) is more than reasonable. I didn't even include coders to back check the main code libraries in all of the various api's, (Win 95,98,NT, and now Win2K) or coders involved in legacy system migration, data architects, etc. etc.

      So you know, I usually work on a team of 2-4 (ala Extreme Programming) and have deployed a number of large corporate apps and websites. But just between me and you, the MFC sucks compared to other libraries I have used (Rogue Wave, zAPP, etc), but it won because M$ kept changing the API.

      One of my better projects in C++ ran memory leak free with over 100 total classes AND WAS 700k SMALLER THAN A SIMILAR MFC APPLICATION. So you can't say I don't know how to do it.

      Yes, there are alot of apps out there. Most of which with multiple coders involved, and I'd wager the average is around 8-10. So all your guess about my abilities really says is that you probably haven't done anything overly complex with C++ in Windoze. Because otherwise I don't think you would you wouldn't have tried a cheap shot at a perfectly valid example. So tell me, do you have enough experience to disagree now?

      --
      ...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...
    13. Re:I wonder if it'll "help"... by CodeShark · · Score: 1

      Well, last time I checked, the DoJ hadn't essentially won a lawsuit against Red Hat. So a different set of rules applies to M$ right now. So yes, I can say that Red Hat can bundle in ways that M$ cannot.

      --
      ...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...
    14. Re:I wonder if it'll "help"... by odaiwai · · Score: 2

      RH are only *distributing* some GPL software. They package it up nicely and throw in a program which puts it all in the right places for you, but they're not selling you their software.

    15. Re:I wonder if it'll "help"... by Tjl · · Score: 1
      Almost done... drivers: Since drivers are part of the OS company, the specs have to be published under an Open API, so that the Applications group and the Internet group can take advantage of them. For example, if TWAIN32 is part of the OS, then the WinAPI that talks to Twain32 has to be fully open so that the app group folks can use it.

      Not so - ever heard of NDAs? The OS company can easily only give access to the internet company to those APIs in return for some remuneration.

      Instead of being one company, being three but trafficking money as payments for services will work just as well, unfortunately.

  10. Is this a decision or a contingency plan? by McLanfear · · Score: 1


    Reading the (short) document I notice that it doesn't actually say the the DoJ are going to force Microsoft to split, but merely where they would seperate the the behemoth into different companies.

    Based on this article alone, it suggets that this is simply a plan that can be implemented if the DoJ decide to opt for the 'split the company up' option.

    --
    --
  11. Break-up already out of date by Anonymous Coward · · Score: 2

    The break-up remedy is already out of date, especially with the AOL-Time Warner merger. Microsoft is not the only "900 pound Gorilla" out there anymore!

    1. Re:Break-up already out of date by shub · · Score: 2

      Not true. AOL may be big, but they don't own 90% of all the Internet customers out there. I don't have to go through them to get to more than 50% of the people on the Internet, unless I explicitly want to get to their particular customers.

      Likewise, Time Warner may own a lot of content, but they don't own 90% of all content out there and I don't have to go through them in order to get content, unless I want their particular content.


      These kinds of things cannot be said of Microsoft -- If I want to get to more than 50% of the people out there using computers, I *MUST* go through them one way or the other.


      I don't recall where I saw it, but the point was made that Microsoft is a horizontal roadblock that pretty much everyone has to go through, whereas AOL/Time Warner is a vertical integration (or roadblock) that only affects people wanting to go a particular path.

      --
      Brad Knowles
      http://daily.daemonnews.org/ -- if you're not
    2. Re:Break-up already out of date by Anonymous Coward · · Score: 0

      Oh please...what a crock of shit! If you want to get more than 50% of the people using other than MS products, offer them a viable alternative and market the crap out of it. It's all about marketing.

    3. Re:Break-up already out of date by Anonymous Coward · · Score: 0

      It is indeed all about marketing. Which is why we must start describing all Microsoft OS offerings as "traditional operating systems" (implying old and out of date).

    4. Re:Break-up already out of date by Anonymous Coward · · Score: 0

      And you're going to claim that Unix-1989 (also known as Linux) is not a 'traditional operating system?'

    5. Re:Break-up already out of date by Anonymous Coward · · Score: 0
      And you're going to claim that Unix-1989 (also known as Linux) is not a 'traditional operating system?'

      Yes, of course. We are talking about marketing, not reality.

      Remember, in Microsoft marketing speak, Windows NT is "robust and scalable". However in the real world, when Microsoft want robust and scalable (e.g. for Hotmail) they go the BSD route. Go figure.

      The person who said "its all about marketing" hit the nail on the head. How one represents a fact is more important than the fact itself.

      So if I was Microsoft, I would probably highlight Linux's 30-year heritage, all the time emphasising the "oldness" rather than the "tried and testedness".

    6. Re:Break-up already out of date by Anonymous Coward · · Score: 0

      ...while simultaneously replicating the 3rd party support from software and hardware vendors that Win32 tends to get 'automagically'.

      It's never been about the quality of the acutal MS OS, and you know it.

    7. Re:Break-up already out of date by Anonymous Coward · · Score: 0

      *Yawn* how often are you going to repeat this same BS story? Yes Hotmail runs on BSD because that's what it was running when it was purchased, not because BSD is so much better than NT. Like you said how one represents a fact is more important than the fact itself, as you've shown us.

    8. Re:Break-up already out of date by Anonymous Coward · · Score: 0
      Bzzzzzzzzt Wrong!!!! Try again. How about this "BS" ? (apologies for spoiling your fun with a few facts). Do you work for Microsoft by the way ? or are you just an 3l33t m1cr0$0f7 1u53r ?

      Hotmail was running that other rock-solid stable and scalable OS. Solaris. Billy Boy and his marketing driven cohorts did not want to hand their arch-nemisis Scott McNealy of Sun with such a PR coup. So (showing a remarkable misplaced lack of technical judgement, typical of marketing types) they tried to replace Solaris with a version of NT which did not have proven scalability in such a large environment.

      The results were not pretty. The full story (not that you will bother to read it) ishere

      Here is an interesting extract for your enlightenment.

      In a leaked report, sources close to Hotmail said: "... its whole mail server infrastructure is Solaris. NT couldn't handle it. On the web server, they're running MP Pentiums and Apache on FreeBSD. They're moving to Solaris for threads. The engineering team did its best to run NT - and failed. The issue's being escalated."

      Again, sorry for spoiling your day with some facts about Microsoft and their lame-assed non-scalable so-called operating systems.

      Thank you. Props to trollmastah

    9. Re:Break-up already out of date by Anonymous Coward · · Score: 0

      It was not a BS story, it was a very clever recursive example of exactly the kind of thing his posting was talking about. The misrepresentation of facts. Your response appears to be another clever example of the same phenomenon.

    10. Re:Break-up already out of date by Anonymous Coward · · Score: 0

      Why was it running BSD when it was purchased ? Was NT not available ?

    11. Re:Break-up already out of date by Anonymous Coward · · Score: 0
      So if I was Microsoft, I would probably highlight Linux's 30-year heritage, all the time emphasising the "oldness" rather than the "tried and testedness".

      When/if Moore's Law breaks down, we're going to see this attitude towards 'old' software break down, as well. People are going to realize, that hey, we still read books that are thousands of years old and draw useful ideas and knowledge from them - so why can't software have the same 'durability'?

      But for the present, the rapid improvement in hardware means that most people are going to interpret all change in the computer world as indicative of the same sort of rapid improvement. And so, they'll always want the newest software, on the assumption that 'newer' means 'better'.

    12. Re:Break-up already out of date by Anonymous Coward · · Score: 0

      Why does Dell use NT to sell it's products online? Wasn't Linux available?

  12. Re: M$ breakup by alangmead · · Score: 2

    Well, some people feel that their consumer OS offering, Windows '98 is probably close to a loss leader. At the very least it doesn't have the same margin as their application packages like Office. Three separate company would need to be profitable on their own. So that could mean no more sub $100 OS packages and no free browsers.

  13. I don't think this will work. by himi · · Score: 5

    The problem is, this still leaves one company with a monopoly on OSs, one with a monopoly on office software, and so on. What's the point of replacing one monopoly with three? (or two - the OS one and the Office one)
    What's really needed is a breakup into three or four essentially identical companies that can actually sell and develop their stuff in competition - we need competition _within_ the windows market itself, both the OS and the major applications. If they go the breakup route (which might not be ideal - opening the APIs and standardising them, and maybe the windows source so that other companies can produce competing but compatible version, would probably be better in the long run) then they have to target the breakup at competition, not at some nice convenient points of demarkation(sp?) within the company.

    To recap, the basic problem is one of replacing a broad software monopoly with several narrower ones - the monopoly isn't destroyed, it's just reconstituted.

    himi

    --

    My very own DeCSS mirror.
    1. Re:I don't think this will work. by Elvii · · Score: 1

      I agree, but I think the DOJ reaction is "Monopoly! Looks like they're screwing things up! Let's take quick action, that we're not really sure what the end results will be!"

      Open API's - great idea. Unforunatly, seems either DOJ can't (outside of their power?) or haven't considered it. Doesn't seem like it'll solve the situation to most people, does it? I mean, how many people see open API/etc as a benifit at this point? Most would see more of a benifit in breaking up ms, as then they're little and can be dealt with, at least in people's minds.

      Too early for coherent thought, so sorry if this doesn't make much sense


      bash: ispell: command not found

      --
      This sig left intentionally blank.
    2. Re:I don't think this will work. by Sun+Tzu · · Score: 2

      You have a good point, but the resulting monopolies from such a breakup, while still monopolies, would have far less ability to leverage their advantage. For example, the insider information that the applications group currently (presumably) enjoys would be gone in this scenario. Further, the marketing leverage the applications group used against Netscape would not have been possible had they not been the same company that made the operating system. (ooops! I forgot -- IE is part of the OS. *slaps forehead*)

    3. Re:I don't think this will work. by nevets · · Score: 2

      I have to disagree with you.

      The reason that MS has a monopoly in the two(three?) areas is because of each other. With software, the worst thing you can have is one company owning the software and the operating system. Of course this only applies to close sourced systems. The reason is that the makers of an application that also owns the OS has an advantage of: 1. seeing how the OS works, and 2. having the OS optimized for the apps.

      Breaking up the OS from the apps helps others to compete. This way the OS won't be playing favorites to the apps that the OS company owns. Also this helps other OS's to compete, since there will no longer be a marriage between apps and a particular OS.

      AT&T break up was done the way you say. The goverment turned one big monopoly into several little ones, that eventually became big again. This was because the users didn't have a choice in what company they delt with. I went from only a AT&T choice to an only Bell Atlantic choice. Smaller monopoly but still a monopoly.

      This break up IMO will stop the MS monopoly. It will force them to compete fairly. Of course a break up of the Apps might help as well, since an integrated Office can spread too, but that is going a little too extreme. Even for Microsoft.

      To recap, If we break up horizontally, then one of the OS/apps can become the dominant one and we will be in trouble again.

      Steven Rostedt

      --
      Steven Rostedt
      -- Nevermind
    4. Re:I don't think this will work. by dirk · · Score: 3
      The problem is, this still leaves one company with a monopoly on OSs, one with a monopoly on office software, and so on. What's the point of replacing one monopoly with three? (or two - the OS one and the Office one)
      What's really needed is a breakup into three or four essentially identical companies that can actually sell and develop their stuff in competition - we need competition _within_ the windows market itself, both the OS and the major applications. If they go the breakup route (which might not be ideal - opening the APIs and standardising them, and maybe the windows source so that other companies can produce competing but compatible version, would probably be better in the long run) then they have to target the breakup at competition, not at some nice convenient points of demarkation(sp?) within the company.

      To recap, the basic problem is one of replacing a broad software monopoly with several narrower ones - the monopoly isn't destroyed, it's just reconstituted.


      The trial wasn't about MS being having a monopoly because they are the market leader. It was about MS using their market dominance to lock out competitors. It was about making people who offer Windows offer Office to. This is what the trial was about, and this is what the ruling is meant to fix.


      Being a monopoly isn't about being on the most systems, or being the de facto standard, it's about keeping your competitors from even having a chance in the market, and that is what this is meant to fix.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    5. Re:I don't think this will work. by bburcham · · Score: 1

      Opening API's would help, but there is a deeper problem. What is the process by which new Windows API's get created? I'll bet the "Apps" division has some (lots of) influence. It's one thing to see and understand what's there. It's quite another to drive the requirements.

      It would be interesting to do a formal study on historical versions of Windows and MS Office apps and look at the date on which a Windows API is first available (in the retail OS) versus the date when that API is first exploited in a MS Office app. It would be interesting to compare those times with similar times for some third-party Windows apps.

      This might give an indication of the relative advantage which the synergy of the "one big company" gives Microsoft.

    6. Re:I don't think this will work. by A+Big+Gnu+Thrush · · Score: 2

      I'll bet the "Apps" division has some (lots of) influence. It's one thing to see and understand what's there. It's quite another to drive the requirements.

      This may very well be the case, but as separate companies, answering to separate stock holders, and physically separated from each other, the leverage between "divisions" disappears. They could sign secret pacts and they could have back-room meetings to keep the dream alive, but the DOJ will be watching for this.

      Think of an anology: two best friends (male) are out one night and a beautiful, charming, intelligent woman approaches. Both men are interested in this woman and they both could sit politely and talk to her for the evening, but both have more in mind than just conversation. The two men politely suggest a threesome, but Miss Beautiful Charming Intelligent says, "No, thank you." Now the relationship between these two best friends is competitive. They can smile and shake hands in public, but at the end of the day, their relationship with this woman is at the exclusion of the other man.

    7. Re:I don't think this will work. by Ed+Avis · · Score: 2

      I think there's a good chance that the OS division would start branching out into other areas (like web browsers and servers - oh, they do that already) and start to use its OS monopoly to push competitors out of the market.

      --
      -- Ed Avis ed@membled.com
    8. Re:I don't think this will work. by beagle · · Score: 1
      I've heard this argument many times before, and I still don't quite understand it. Pray tell me: what would exist in this scenario to keep the OS guys from talking to the Apps guys like (presumably) they do today? I just don't get it.

      As far as a solution, I like the idea of splitting them up into several companies: three for OS, one for apps, and one for the rest (or any other groups). The idea is that the Windows groups all start with the same base code, and they expand from there. That way, competition in the Windows market is created, and no single one of the Windows groups has a stranglehold on the market.

    9. Re:I don't think this will work. by beagle · · Score: 1
      The trial wasn't about MS being having a monopoly because they are the market leader. It was about MS using their market dominance to lock out competitors. It was about making people who offer Windows offer Office to. This is what the trial was about, and this is what the ruling is meant to fix.

      Perhaps several of us had forgotten that. Maybe I'll have to retract my notion that the Windows group should be split into three companies. Hmm... I'll just go and ponder some more.

    10. Re:I don't think this will work. by Slamtilt · · Score: 2

      And that would be illegal. This is precisely what the current case is about. A monopoly by itself is perfectly legal, but using the power that monopoly gives you to get an unfair advantage in other areas is not.

    11. Re:I don't think this will work. by smallpaul · · Score: 3

      A Windows operating system monopoly would work closely with smaller vendors like Corel in order to drive down office prices so that they could compete with the free office suites on Linux. Hell, they might even help port those free suites.

      An office suite monopoly would port to Linux in order to maximize profit by covering the widest possible range of operating systems.

      A development tools monopoly would work to make tools that were multiplatform and compatible with the component, object and scripting models used by all of the office suites.

      Three monopolies is indeed better than one because they would all *undermine each other* by treating their old partners as ordinary ISVs.

      Paul Prescod

    12. Re:I don't think this will work. by coredog · · Score: 1

      You know, for as much as /. whines about this,
      they'd do well to actually _gasp_ do some research!

      The apps group (typically IE and Office) come up with some cool functionality (coolbars, flat menus, dancing paperclips ;). That functionality is _statically_ linked into the application.

      The OS group, on a somewhat slower cycle, re-implements the best features of the apps group into the new OS. So if you have, for example, Office2K and Win2K, you've got multiple sets of code that do sliding menus. There's no SecretSlidingMenuW API that the OS guys 'gave' to the apps guys 18 months before everyone else.

      But then again, who's gonna see this, being marked as -6 Flamebait? :)

      --
      Do anal-retentive people hyphenate 'anal retentive'?
    13. Re:I don't think this will work. by CAPSLOCK2000 · · Score: 1

      Your anology isn't right.
      Both men offer the same service, so the women can get what she want from either.
      MS-Windows and MS-Office offer very different services. If you want an OS there is no need to talk to Office. If you want to type reports you won't go to the Windows company.
      So there is only little competition between Windows and Office.

    14. Re:I don't think this will work. by Anonymous Coward · · Score: 0

      good arguement but this still doesnt correct the monopoly MS has on the OS market. i could care less about what apps come with the os or how everything is integrated. i want to be able to choose bewteen competive OS's. all MS has to do is set up an arrangement/contact with the other new companies and boom, they have everything they need again. i think the best bet would be to either release the source code or auction it off to other companies.

    15. Re:I don't think this will work. by hey! · · Score: 3

      Well, the question is why wouldn't Microsoft want to be broken up? If they have the best desktop OS and the best desktop apps, why wouldn't their shareholders continue to enjoy monopoly profits under two or more companies?

      The reason is that there is marketing synergy between the areas they have monopolies in. The desktop application and desktop OS monopolies reinforce each other.

      This dual monopoly on the desktop strongly restricts innovation in the desktop to Microsoft sponsored initiatives. You can't compete in one area effectively, because lack of access in the other limits you. You growth in the desktop app market is limited by lack of access to secret APIS, secret marketing plans, support and so forth on the dominant OS. You cannot succeed in the desktop OS market unless you have access to the dominant apps. Only free software has the capability of breaking this catch-22 -- because it destroys the very concept of a market for software. Markets allocate scarce resources -- open source dispenses with scarcity. In the end, Microsoft's dual victory in these markets may prove Pyrrhic.

      A breakup into OS and app enterprises may not only be the best solution for the market, but in the end the best solution for Microsoft, freeing people who want to create software for a "market" from the spectre of being crushed by a dual monopoly and renewing consumer choice.

      While this "punishment" would certainly be salutory for the software market, I'm not sure it has much to do with remedying the specific illegal actions that Microsoft is alleged to have taken. For example, Microsoft embedded IE5 into windows to prevent netscape from becoming a competing "platform". It would still have incentive to do this if it were an OS only company. The distinction between "application" and "operating system" is somewhat arbitrary; naked kernels don't make an OS.


      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    16. Re:I don't think this will work. by Anonymous Coward · · Score: 0

      The OS is truly the key here. People will still buy Windows whether its sold by Microsoft or some Microsoft OS spinoff company. People will still buy Windows because after the breakup, Windows will still be the only mainstream (i.e. consumer)OS to run on Intel hardware. Microsoft Office is the #1 office suite because the other options like Corel and Lotus do not compare in quality or functionality. Breaking up its office suite division into its own separate company won't make a hoot of difference. MS Office in and of itself does not sell computers or OSes. Case in point:MS Office is the #1 office app for the Mac but obviously the corporate desktop hasn't standardize on Macs. They standardize on the Windows OS. If the government is to be the agent of change here, then they need to change Microsoft's business practices. Why will a breakup into different companies suddenly prevent those companies from employing the same strong-arm tactics MS hase used to its advantage for years? Only by preventing MS or its spawned companies from continuing to employ these practices do we allow corporations and IS departments the freedom to explore other options. When hardware manufacturers, particularly the smaller ones, can offer machines without Windows preloaded AND not be penalized by Microsoft in some way, then the government has served justice. If those same companies are still forced or pressured in the same way they are today by the new Microsoft Windows Corp. rather than by Microsoft, the governments efforts are wasted. A rose by any other name is still a rose...

    17. Re:I don't think this will work. by Anonymous Coward · · Score: 0

      I have to agree with the other response also. This will still not solve the monopoly MS has over the OS market. Yes, it is true that Linux is starting to be competive as a desktop OS but still it is not good enough. I say this ONLY because I purchased a computer a year ago and it was mainly of intel architecture. As a college student, I don't have the time or money to invest to make Linux a suitable alternative. This is how MS will still be dominent and should be forced to either release or auciton off its source code.

      Although, If MS is split into three, I think I may buy MS stocks because I know many AT&T stock holders were happy when they were split up.

    18. Re:I don't think this will work. by Anonymous Coward · · Score: 0

      I look forward to a kernel which incorporates an animated dancing paper-clip.

    19. Re:I don't think this will work. by BinxBolling · · Score: 2
      Pray tell me: what would exist in this scenario to keep the OS guys from talking to the Apps guys like (presumably) they do today? I just don't get it.

      Why do you think the OS guys talk to the app guys today? Out of the goodness of their hearts? Because they're buddies?

      No: It's because they're part of the same company, and thus, when the company profits because its office-suite product has a monopoly or near-monopoly on the market, the OS guys benefit as well. When the two groups are no longer a part of the same company, the path by which app profits benefit OS people will disappear, or at least be severely restricted, and the OS guys will no longer have a big motivation to conceal information from app people at non-MS companies.

    20. Re:I don't think this will work. by Anonymous Coward · · Score: 1
      The distinction between "application" and "operating system" is somewhat arbitrary; naked kernels don't make an OS. There is no division. A filesystem is an application, as are memory management, and process scheduling, they just happen to be general purpose applications.

      Microsoft would rather the OS did not exist. From their perspective it is a simply a delivery mechanism for their "product".

      The reason Microsoft seeks to control the "operating system" is to extend and propagate its monopoly. The corporate market seems to want this too. It's not as if there are no superior operating systems out there, BeOS, Solaris, even Linux, but the average Joe Corporate PHB (with little or no up-to-date tech experience) actively wants and depends upon the lack of choice which is Microsoft's real product. It simplifies his life, as he no longer has to think about complicated technology issues, he can sit back and say "we are a 100% Microsoft shop"

      Microsoft succeeds because those who make the decisions are driven by factors other than technical merit. But we all knew that, anyway. There would be no case for breaking up Micro$oft if it were simply corporate users who were being denied choice, there is strong evidence that this is exactly what they want. The real problem is for the domestic consumer.

      If I were breaking them up, I'd be inclined to break them into a corporate division and a consumer division. This would probably be the end result of any horizintal break up anyway, as there would probably be tacit agreements between the "baby bills" to not compete on each other's turf. Thus we go from monopoly to duopoly.

    21. Re:I don't think this will work. by rgmoore · · Score: 1

      The trial wasn't about MS being having a monopoly because they are the market leader. It was about MS using their market dominance to lock out competitors. It was about making people who offer Windows offer Office to. This is what the trial was about, and this is what the ruling is meant to fix.

      A good example of this is the lack of standard applications software for Linux. Microsoft's applications business doesn't want to build apps for competing operating systems, so Linux doesn't get any. That's not to say that most Linux users would want to run MS Office even if it were available, but at least the choice would be there.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    22. Re:I don't think this will work. by deacent · · Score: 1

      The trial wasn't about MS being having a monopoly because they are the market leader. It was about MS using their market dominance to lock out competitors. It was about making people who offer Windows offer Office too. This is what the trial was about, and this is what the ruling is meant to fix.



      But it doesn't fix most of the problems. MSApps can still say to Apple, if you don't make IE the default, we won't support Office. All it would take is an arrangement between MSWin and MSApps (say, access to the OS source or other exclusive goodies) to make it worthwhile to MSApps. And does nothing about the OEM situation. They still have only one company that can give them Windows.



      Being a monopoly isn't about being on the most systems, or being the de facto standard, it's about keeping your competitors from even having a chance in the market, and that is what this is meant to fix.



      A monopoly is, by definition, having the overwhelming majority of the market. This tends to establish the standard. But, again, having a monopoly is not illegal. Using the power that comes from the monopoly status is illegal. There is nothing that says that MSApps and MSWin would try to use their monopoly power, but unless leadership changes, I see no reason to believe that they wouldn't use it.


      -Jennifer

    23. Re:I don't think this will work. by wildernapt · · Score: 1

      That's old hat. There are a half dozen optional "office assistants" in the new release (Office 2000.) Nobody uses clippit anymore, it's just what people who are well behind the times bring up when they want to complain about Microsoft.

      I prefer the "Mother Earth" Office assistant. I like how it blows a volcano (a-la Sim Earth) when you do something it thinks is wrong.

      Then again, the other side of my brain likes Slackware, because Red Hat, KDE, and all the other messes ruin the clean design of Linux with FVWM2.


    24. Re:I don't think this will work. by Trepalium · · Score: 1

      You bet they do! When Microsoft SQL server's performance was dismal, NT added scatter/gather I/O in the next service pack. When IIS was serving web pages too slow, NT added ISAPI. Look at kernel32.dll, user32.dll, gdi32.dll, krnl386.exe, user.exe and gdi.exe sometime in a hex editor. It's scary how many "exported" function calls are there that aren't documented by ANYONE. I doubt you'll find docs on SMapLS_IP_EBP_## or Callback## function or perhaps the BEAR285 and BEAR3062 functions, at least not Microsoft documentation. These functions must exist for SOME reason, but what they do is almost anyone's guess.

      --
      I used up all my sick days, so I'm calling in dead.
    25. Re:I don't think this will work. by beagle · · Score: 1
      Why do you think the OS guys talk to the app guys today? ... It's because they're part of the same company, and thus, when the company profits because its office-suite product has a monopoly or near-monopoly on the market, the OS guys benefit as well.

      And it'll be called collusion when (if) the two separate companies continue this pattern. Now I get it. Is collusion itself illegal, or is it just the resultant activities that are illegal?

    26. Re:I don't think this will work. by Cuthalion · · Score: 2

      Pray tell me: what would exist in this scenario to keep the OS guys from talking to the Apps guys like (presumably) they do today?

      Why would the MSOS benefit from limiting their talks to MSApps? Wouldn't they do better to bring every advantage of using Windows to every application vendor?

      Similarly, why would MSApps want to lock people into Windows anymore? If there's a nonWindows platform which they can make a profit on, wouldn't it be in THEIR BEST INTEREST to support that platform?

      Sure they could still work together to stifle competition (though it would be much less ambigiously illegal than their current collaborations), but .. why would they wish to?

      --
      Trees can't go dancing
      So do them a big favor
      Pretend dancing stinks!
    27. Re:I don't think this will work. by deacent · · Score: 1

      AT&T break up was done the way you say. The goverment turned one big monopoly into several little ones, that eventually became big again. This was because the users didn't have a choice in what company they delt with. I went from only a AT&T choice to an only Bell Atlantic choice. Smaller monopoly but still a monopoly.

      That's because they did it stupidly. This is not really a comparable example because the companies that came from AT&T are only just beginning to compete with each other. Competition was supposed the whole point of the breakup, but they botched it.

      I agree that a horizontal split in MS's case doesn't go far enough, though. Having multiple identical MS's is likely to result in having one winner, whichever one can grab the most control over the market. This is why I think both a horizontal and vertical split and a change in leadership are key. OEMs need to be able to choose among vendors for the OS, and their contract for the OS should not involve other apps. The leadership needs to change because I think that current MS leadership is too likely to collude which would defeat the point of any breakup.

      -Jennifer

    28. Re:I don't think this will work. by Cuthalion · · Score: 2

      this still doesnt correct the monopoly MS has on the OS market

      This has been said a billion times, but I'm going to repeat it because you seem to have missed it.

      It is not illegal to hold a monopoly in a given market. It is illegal to use that monopoly to stifle competition, or to establish or support a monopoly in a different market. The DOJ has no obligation to stop all monopolies, merely to stop all abuses of monopoly power. This MAY mean breaking up the monopoly, or may just mean ensuring that it plays fair.


      --
      Trees can't go dancing
      So do them a big favor
      Pretend dancing stinks!
    29. Re:I don't think this will work. by Anonymous Coward · · Score: 0

      Split them horozontally, vertically AND DIAGOANALLY. While we're at it how about a stiff fine and jail sentence for BillG???

    30. Re:I don't think this will work. by deacent · · Score: 1

      And that would be illegal. This is precisely what the current case is about. A monopoly by itself is perfectly legal, but using the power that monopoly gives you to get an unfair advantage in other areas is not.

      The law didn't seem to get in their way the first time. Even though it's a different law, I don't see why they would be any more law abiding after the breakup.

      -Jennifer

    31. Re:I don't think this will work. by Darth+Hubris · · Score: 1

      I think the solution should be to open up the API and whatever file formats Office is using. This keeps Microsoft intact and levels the playing field.

      It's one thing to say that Microsoft has 90% of the world's desktops, but quite another thing to do something about it. Oh, I'm quite positive that Linux, Mac OS, and BeOS users think this is a fine solution; they're not using Windows as their primary operating system.

      Any solution will have to be well-thought out, and I don't trust the government to do this task [I sure as hell don't trust Larry Ellison to have anything close to a rational idea]. Opening the API and file formats is the answer that would seem to make all parties happy.

      Plus, I'd get to keep my job.:)

      --
      The party's over ... the drink ... and the luck ... ran out
    32. Re:I don't think this will work. by Wah · · Score: 2

      all MS has to do is set up an arrangement/contact with the other new companies and boom, they have everything they need again.

      Isn't this a big part of what they have done wrong in their current incarnation? Those exclusive license agreements and shadowy NDAs. When they are 3 differents companies they would have to justify to their shareholders why they haven't ported office over the fastest growing business OS, and won't have the "it's a cometitor to another part our business" excuse. The DOJ just has to watch out for the new companies setting up "Favored Business Partner" status, which, I'm pretty sure, is what they do best.

      --
      +&x
    33. Re:I don't think this will work. by Anonymous Coward · · Score: 0
      Look at kernel32.dll, user32.dll, gdi32.dll, krnl386.exe, user.exe and gdi.exe sometime in a hex editor.

      Are you allowed to do this ? Wouldn't that be reverse engineering, and in breach of the terms of your Micro$haft license ?

      Why not simply look at the source ? Because Bill has decided we can't. Game over.

    34. Re:I don't think this will work. by Anonymous Coward · · Score: 1

      I mean, how many people
      see open API/etc as a benifit at this point?

      I definitely do. You have to ask yourself what you want to come out of this. Do you want the monopoly to be broken up? I sure don't; it doesn't help anything.
      Let's say the Windows division is broken up into two companies: Windows Co. and MicroOS Co. Joe User buys Windows 5. Bill Suit (his best friend) buys MicroOS 13 (MicroOS had to inflate the version numbers to remain "competitive"). Quake 5 was released only for Windows; WinTax03 was released only for MicroOS. Presumably, there won't be a comptable ABI between them. So then we either have (a) companies releasing software for both (Unix anyone?); or (b) wait until one of the two gains enourmous market share (Microsoft anyone?). Neither sounds attractive to me.
      I'm a bit of an anarchist (not the nasty kind though). The only thing I'm interested in is what would make my life better, as well as the lives of my friends, neighbours and family. Having two exactly-the-same-but-different Windows OSes is going to make things worse for us, not better. What would make things better for me is a kick-ass Wine that will run Internet Explorer flawlessly. This will come from an open API. This is not only a benefit for me, though. My brother uses BeOS, so maybe a super-kickass Windows API for BeOS will come out.
      Personally I can't think of a single positive thing that could come of breaking up Microsoft in any way. You suddenly end up with a bunch of close-to-Windows products: WSD, Windaris, AIW, Digital Windows, HP-WUX, etc. etc. Life is hell for years and years, until finally Richard Hesitateman starts up the GNW project. Lucy Torvlads comes along to make a free implementation of the kernel. After over a decade, we finally get Winux, which has the potential to solidify the Windows fragmentation...which was exactly where we were to begin with.
      Anyway hopefully you've figured out the meaning of my post: (a) have we learned nothing from Unix?; (b) I want this to benefit me, which could be done by opening the API.

    35. Re:I don't think this will work. by jgrr · · Score: 1

      But by splitting the OS from applications, the APIs must open.

      Right now they can be closed APIs because the only developers they need are internal. If the only people writing programs are in other companies, then the communication between those companies must be through more open channels. At least they would have to make that collaboration publicly known. Then the government could regulate that interaction, and oblige the companies to offer information equally to all competitors.

      Now, MS could transfer one programmer from systems to applications, and with him or her, all of the information on API that the Office team needs to make their program works. Without the government micromanaging the company, there is no way for them to regulate that now.

    36. Re:I don't think this will work. by Wah · · Score: 2

      Opening the API and file formats is the answer that would seem to make all parties happy.

      except the DOJ doesn't want to make people tell secrets. They are trying to stay out of the IP morass that could result. I still think a break-up is a good idea. M$ has already lost a lot of ground because of the trial (and others have gained, AOL, Linux, Sun, no?). A break-up (even if they help each other later) will do more to level the field and we'll have more competition and better software/services.

      --
      +&x
    37. Re:I don't think this will work. by Anonymous Coward · · Score: 0
      "I think the solution should be to open up the API and whatever file formats Office is using. This keeps Microsoft intact and levels the playing field."

      So you think that stealing a companies property and giving it away is a good solution to this problem? I'm sure it would make some parties happy since then they don't have to actually do any work, they can just have the government steal it for them.

    38. Re:I don't think this will work. by Milkman+Ken · · Score: 1

      MSApps could not cooperate with MSWindows... that's called collusion and it's very illegal. Incidentally, collusion between record companies is exactly why CD prices are so high.

    39. Re:I don't think this will work. by Fizgig · · Score: 2
      All it would take is an arrangement between MSWin and MSApps (say, access to the OS source or other exclusive goodies) to make it worthwhile to MSApps.


      Well, if they do split it up into separate divisions, there will definitely be some sort of mandate that the separate divisions cannot collude. That's standard operating procedure.
    40. Re:I don't think this will work. by Jburkholder · · Score: 3

      MSApps can still say to Apple, if you don't make IE the default, we won't support Office.

      I assume 'won't support office' in this context meaning that the MS-Applications spinoff would stop making new versions of Office that run on Mac, right? That's the beauty, what incentive would a separate company that supports Office application software have to hold a gun to it's customer's head like that, unless the OS and APP companies are in collusion (not that they wouldn't _want_ to but gotta think that kind of thing sends Jobs running and screaming to the Attourney General)? Assuming that IE lands in the MS-OperatingSystem spinoff, what would the app software company care which browser is default?

      Another question: If MS is forced to open its API's such that other applications can hook into the OS, does it follow that other OS's can reverse engineer the API such that Microsoft Apps will work seamlessly (eg, WINE using a fully documented API)? That seemed to be implied in another post. The API is open, Apple can build support into the OS so that the windows version of office runs on a Mac? Someone seemed to say this would be possible (not very desirable) to do this with Linux. Just a thought.

    41. Re:I don't think this will work. by deacent · · Score: 1

      The problem that I see here is that the threat of litigation does not seem to hold enough disincentive to MS to curb it's behavior. I know collusion is illegal. I bet they do too, but it didn't stop them from attempting it with Netscape. Actually, MSApps would be subject to the same blackmail that other vendors are, so MSWin could have their way with them, but would probably make an offer where MSApps would get something out of it.

      I just don't believe that the illegality of an action will have an impact on MS's decisions. They'll just go to court again. There has to be very serious consequences this time around so that they'll be much more hesitant in the future to risk losing another court case.

      Regarding your other question:
      MS can't forced to just open up the API. It's considered property and they are supposed to compensated for it. Some think that it would be impossible to compensate them for it's value, but I think that the value should be discounted because it's inflated due to their illegal activities.

      Even if they were forced to open it up, who would be the keeper of the standard?

      Actually, it's ironic that you said something about Apple building support into the OS so that the Windows version of Office runs on the Mac. From what I understand, alot of the shared libs that go with Office for the Mac are glue that does something like this.

      -Jennifer

    42. Re:I don't think this will work. by Anonymous Coward · · Score: 0

      you obviously dont know what is going on then. i am going to use what you said yourself

      it is illegal to use that monopoly to stifle competition, or to establish or support a monopoly in a different market

      MS does hold a monoply in the OS market. go walk into radio shack, gateway stores, CompUSA or any other PC shop and try to buy a computer without MS OS on it. Almost all the commercial stores dont offer other OS's. I wonder why. maybe because MS uses illegal practices, threating retailers that they will pull their product if the don't follow their rules. MS has done this to many companies thus creating their monopoly in the OS market.

    43. Re:I don't think this will work. by Jonathan+the+Nerd · · Score: 1
      As a college student, I don't have the time or money to invest to make Linux a suitable alternative.

      Money's no problem. Every Linux distribution I know of makes their OS freely downloadable. If you don't want to take the time to download an entire operating system, you can buy a Linux CD for just a few dollars. I got a Red Hat 6.0 CD from Linuxmall.com for less than $10, including shipping. If you don't want to try to repartition your hard drive (for which I wouldn't blame you), you can get Slackware and do a UMSDOS install, or download a miniature Linux like Peanut Linux.

      Now as for finding time to learn Linux, that's a little harder, but it's not impossible. I learned Linux in my spare time in my sophomore year of college, but I'm a nerd, and you may not be willing to invest such a huge chunk of your free time in learning an entirely new OS. But once you do learn it, you'll never again have to deal with one of those #@$# blue screens, which I think is enough to justify the time spent.

      Okay, getting back on topic...

      ...MS will still be dominent and should be forced to either release or auciton off its source code.

      I'll admit MS deserves to be reduced and/or broken up, but forcing them to release their source code seems more like a mugging than a fair solution. Practically all of Microsoft's revenue comes from the sale of their software. Forcing them to give away all of their source would destroy their revenue stream. There's no way they would be able to recover. I personally wouldn't mind seeing Microsoft die, but I'd rather they die in a fair fight than be murdered by the government. I think splitting the company, or simply requiring them to open their API's and file formats, would be sufficient.

      --
      Disclaimer: The opinions expressed are not necessarily my own, as I've not yet had my medication today.
    44. Re:I don't think this will work. by Mija+Cat · · Score: 1

      (ooops! I forgot -- IE is part of the OS. *slaps forehead*)

      Nail-->head.
      Who's to say that MS-OS.com won't decide "Hell, Unix has the vi word processor, we've got the MS-Word word processor, they're both part of the operating system" or (shudder) MS-SW.com won't decide the same thing...(i.e. Word 2001 as the operating system - everything's a Word doc)

      Sure it's bull. Doesn't mean it couldn't happen.

      Meow

      --
      Yes, that's really my e-mail. Don't change a thing.
    45. Re:I don't think this will work. by Mija+Cat · · Score: 1

      For collusion, you first need two seperate entities, which you don't have today.

      Meow

      --
      Yes, that's really my e-mail. Don't change a thing.
    46. Re:I don't think this will work. by IntlHarvester · · Score: 3

      AT&T break up was done the way you say. The goverment turned one big monopoly into several little ones, that eventually became big again.

      A regional breakup of the phone company made sense, because by-in-large their assets are wires, switches, and franchises -- all fixed in a particular spot. Now with local compeitition plans, some can get different phone service, but the facilities (and most of the operation costs) are still owned by the RBOC. You are essentially just paying someone else for the billing service.

      Likewise, with MS -- the 'natural' breakup is along operational lines. However, you are correct that it doesn't have to be this way, because MS's property is primarily intellectual and unlike phone facilities can be transfered for little cost. But, that doesn't mean it's the right way to do it.

      To recap, If we break up horizontally, then one of the OS/apps can become the dominant one and we will be in trouble again.

      Right -- we would be in the exact same situation as we were with MS-DOS versus IBM DOS versus DR-DOS. The minor incompatibilities weren't worth the hassle of switching vendors (ignoring the Win3.1 beta warning about DR-DOS for the moment.)

      Windows NT is not the be-all-end-all and neither is MS Office. (If it were, we wouldn't be yacking on a pro-Linux/OSS board.) Let MS-OS and MS-Apps have their little monopolies -- "Microsoft" loses their single vendor status and any theoretical integration benefits. That alone is huge enough to allow competitors in the door.
      --

      --
      Business. Numbers. Money. People. Computer World.
    47. Re:I don't think this will work. by IntlHarvester · · Score: 1

      Look at kernel32.dll, user32.dll, gdi32.dll, krnl386.exe, user.exe and gdi.exe sometime in a hex editor. It's scary how many "exported" function calls are there that aren't documented by ANYONE.

      Those file, as a whole, are the Win 9x kernel. Microsoft, for obvious reasons, doesn't want to document internal kernel interfaces.

      Look at the Linux situation -- Linus doesn't document internal kernal interfaces, and reserves the right to change them. If you write a closed source driver that uses an internal interface, it will eventually break, and that's your problem. MS doesn't have the luxury to treat closed source developers that way.

      If you don't like internal, undocumented interfaces, don't use closed source software. It's as simple as that, and has nothing to do with MS as a monopoly.

      Your points about MSSQL leads to Scatter/Gather IO (and so on) hold, but I doubt it's above and beyond what any other OS vendor does. For example, Linux provided interfaces to deal with Apache performance problems specifically after the Mindcraft benchmarks were published.
      --

      --
      Business. Numbers. Money. People. Computer World.
    48. Re:I don't think this will work. by odaiwai · · Score: 2

      I think that when you have a bunch of genuinely intercompatible OSes then the workplace radically changes.

      Picture the future when you can run whatever OS you like and still have the ability to use standard file formats. i.e. Office on BeOS, Linux or WinFoo.

      An office full of a bunch of different OSes, depending on the task at hand, but all talking to one another? Sounds good to me.

      dave

    49. Re:I don't think this will work. by Anonymous Coward · · Score: 0

      obviously you didnt fully understand my comment. when i said i dont have the money, i meant that i dont have the money to buy a sound card, modem, ethernet, video card, etc. that will fully work under linux. like i said before, the computer is mainly of intel architure, which doesnt have much linux support. as for the software i have at least five different versions of linux and already became familiar with linux/unix commmands in less than a day. i just dont have the resources or time to try and get the hardware to work under any OS other than windows.

      as for forcing ms to release the source code, yes it is unfair but hey, life is unfair......

    50. Re:I don't think this will work. by Jburkholder · · Score: 2

      >Even if they were forced to open it up, who would be the keeper of the standard?

      I guess I hadn't thought of it in terms of an open standard that is maintained by some 3rd party for the benfit of mankind. Some of the discussion I remember around this was that the gov would make it one of the remedies in all this that MSWin would have to make the API available to any and all for a set $$, no other strings attached.

      Of course this would be problematic for open source projects as who comes up with the $$ for the API License and no one in their right mind would probably go for it. Big companies like Sun and Apple could get it, though, on a fixed dollar amount with no strings attached, and MS would be bound to release upgraded API specs whenever there was going to be a change in a new version of the OS.

      This was supposed to combat the "stop bundling Netscape or we'll tripple the license fee" tactic, or the "oops, we forgot to tell you we changed that? Pity, then again you shouldn't have signed that exclusive deal with xyz, hmm?" kind of crap.

      Not perfect, but this is the line of reasoning I was going on.

    51. Re:I don't think this will work. by Jonathan+the+Nerd · · Score: 1

      Okay, sorry for the misunderstanding. I see your point now.

      --
      Disclaimer: The opinions expressed are not necessarily my own, as I've not yet had my medication today.
    52. Re:I don't think this will work. by RogerWilco · · Score: 1

      When i was a newbie Linux user (err, i still
      am i think) i had almost no hassle installing
      linux (SuSE) on my system.
      And i had brand new cheapo crappy odd hardware.
      (like SiS video card, crystal sound card and stuff.) X/KDE was running with sound within 2 hours.

      Only took me a couple of hours to
      figure out how to operate my Miro TV card.
      (xawTV, mainly to discover "modules" and recompile my kernel, but i had a GOOD SuSE book :)

      Intel architecture (or AMD/SiS/whatever) is
      no problem. And Linux definately is a lot cheaper as buying Windows+apps.
      (i use KDE&WP8+StarOffice spreadsheet at home now)
      I had a fully functioning system within a 3 weeks,
      even while using the other OS if i had to do
      any real work in the mean time. (and for some games ... (DirectX))

      Adriaan Renting

      --
      RogerWilco the Adventurous Janitor
  14. More info can be found here: by mauddib~ · · Score: 0

    on m$'s site
    Sorry, there should be more out there right now :) The page has some links to other pages also containing the news, so: let the slashdot effect try m$ servers *grin*

    --
    This is a replacement signature.
    1. Re:More info can be found here: by mauddib~ · · Score: 0

      sorry, this is the wrong page, moderate this down please ;)

      --
      This is a replacement signature.
  15. How do you separate the Internet by meckardt · · Score: 2

    applications from the other applications in this day and age? Altogether too many applications need access to the internet.

    And does this mean that no company can produce an Operating System, Applications, and Internet Software? Or are the reminants of MS to be forever cursed, and handicapped in competition against other companies in this arena?

    1. Re:How do you separate the Internet by mprovost · · Score: 1

      I think by Internet applications they mean their web services, like MSN, Expedia, Slate, etc...

    2. Re:How do you separate the Internet by colinscott · · Score: 2
      The internet is just a big network. So at the OS level you support networking. You provide the basic functions such as a TCP stack that everything else builds on. It's hard to argue that a TCP/IP stack shouldn't be part of the OS. A browser, which is just a data formatting tool when you get right down to it, is a completely different story.

      What this means is that Microsoft OS company builds in the basic network functions. They then publish the spec, and the other Microsoft companies build applications based on the spec. So this isn't about to prevent applications from accessing the internet.

      A lot of internet applications build on common standards to intercommunicate. I fail to see how opening the system up to competition in this space is bad.

      A company that controls Windows or Office is hardly handicapped. A lot of software companies do just fine without entering the operating system space. The software space is a big, big area. Being restricted from one or two classes of software isn't a fatal blow. It's more a slap to get them to go out and actually be innovative, rather that just making applications with more annoying features.

      --
      Colin Scott If you build it, they will be dumb...
    3. Re: How do you separate the Internet by hoss10 · · Score: 1

      NO, NO. They don't mean split the internet apps from the others.
      They're thinking about separating the Microsoft owned content stuff (MSN, Hotmail, WebTV etc).
      The applications part will still have IE (and I see no problem with that)

    4. Re: How do you separate the Internet by Myddrin · · Score: 1

      Although if the Internet division kept IE along with the other props, it would provide at least some competition for AOL Time Warner. Sort of trying to kill two trusts with one stone.

      Just an idea..... :)

      --
      Myddrin
  16. Breakup? by dattaway · · Score: 2

    Breaking up a cancerous growth is worse than simply removing the problem. What's worse than One Microsoft? Three of them competing for World Domination. If those who lost their jobs due to anticompete practices were compensated, I'm sure justice would be served.

    1. Re:Breakup? by ben_ · · Score: 1

      Unfortunately, since around 90% of the world's desktops run Windows, it turns out that "removing" MS would cause undesirable side-effects. MS is a huge and dominant American company whose sales bring a lot of money into the USA - hence the Govt aren't likely to do anything that'll substantially reduce those sales. At least breakup might encourage an application division reliant on sales of just that software to port to non-Windows platforms.

      --
      ben_ the technologist and platform agnostic
    2. Re:Breakup? by Anonymous Coward · · Score: 0

      Now if I was Bill, and the DOJ was threatening to split the country, I'd be asking myself if there were any good reasons to remain US-based. Then i'd be out askingvarious governments whether they'd be nice to me if I offered to triple their gross National Product overnight. MS have a huge campus just outside Cambridge, UK, for instance, and Bill's been chumming up to Tony Blair for a while. I know what i'd do.

    3. Re:Breakup? by rebrane · · Score: 1

      Three Microsofts competing for 'world domination' is worse than one Microsoft three times closer to world domination, with no hindering competition?

    4. Re:Breakup? by Anonymous Coward · · Score: 0

      soooo...your answer to this is to strip Gates of his company? Might as well "confiscate" all of his assets since they were obtained through an illegal monopoly. There is a scary precident (sp?). The gov. already has way too much power and control over it's citizens, and now you are suggesting that they should extend that control and punish succesfull buisnesmen (Think what you may, but he is a success).

    5. Re:Breakup? by Anonymous Coward · · Score: 0

      Maybe you would stop by in Europe and have a friendly chat with someone. Romano Prodi for example ?

    6. Re:Breakup? by BorgDrone · · Score: 1

      what about bill BUYING a small country ?
      (there are some really small country's)
      now THAT would be scary!
      imagine bill making his own laws and having his own army!

      ---

    7. Re:Breakup? by Anonymous Coward · · Score: 0

      They're being sued by just about all the developed countries and most of the developing countries seem to be defecting to some sort of Free Software.

      Moving out of the US likely would do them no good.

    8. Re:Breakup? by Anonymous Coward · · Score: 0
      Why not ? Nations states are arbirtary groupings based (usually) on physical aspects of the landscape, rivers, mountain ranges etc. Why NOT have a corporate army ? The organisation I work for employs around 100000 people, I think they should have a military wing.

      How else is a corporation supposed to protect its intellectual property ? Microsoft is no respector of the law, perhaps they would respect a well reasoned argument whilst staring down the barrel of an H&K MP5 sub machine gun. Its a nice thought.

  17. Limitations on who owns the baby Bills? by westexe · · Score: 3
    IANAAL (I am not an American lawyer), but presumably part of the deal would include limitations as to who could own stock in the companies. There is (was?) a UK concept called the 'Golden Share', in which no-one could own more than 15% of any one company.

    The court might, for example, demand that no one shareholder could, directly or indirectly, hold more than 20% of more than one company. So Bill could keep the Windows company, but would be limited as to what he could own in Microsoft Applications.

    There might also be 'collusion' conditions limiting the ability of the baby Bills to enter into secret contracts.

    I suspect that if Microsoft was forcibly split up, it would be along the lines defined by the DOJ when they brought the case. So since part of the case was against illegal tying, then IE and Windows would be forcibly seperated. The applications market, which was not part of the case, would be a third company.

    The Applications group would be the one most likely to keep the Microsoft name, since Windows is as well known a name as Microsoft, and for all its future importance, the Internet group is not the cash cow that Office is.

    I also think that Hardware could do very well out of this. I get the impression that Microsoft hardware is largely used to launch new hardware initiatives that other companies take up (mice wheels, Windows keys, joystick improvements). It has the style, the imagination and the quality to go a lot further when it is freed from the politics.

    It would make a very plausible fourth company, but that won't happen unless Microsoft wants it to.
    -- James Wilkinson

    --
    -- James Wilkinson
    Exeter, UK
    1. Re:Limitations on who owns the baby Bills? by Anonymous Coward · · Score: 0

      About the microsoft whell mouse ... They stole the idea to someone else (that i don't remember). Those peoples told them they had something interesting they wanted to develop with MS a mouse with a whell ... MS sait no and showed a whell mouse two monthes later ... what an innovation !

    2. Re:Limitations on who owns the baby Bills? by Syberghost · · Score: 2

      If the IE and Windows are split into seperate companies, that probably means that the Windows group will write a new web browser that is truly inextricably locked into the OS.

      They'll point to things like KFM for their reasons why. (I know KFM isn't inextricably locked into anything, but they're fighting technical ignorance here.)

      Watch and see if I'm right; Explorer will include a browsing component at some point with no way to take it out short of massive surgery on the source code.

    3. Re:Limitations on who owns the baby Bills? by A+Big+Gnu+Thrush · · Score: 2

      Thanks for the great information, AC. So let me get this straight, some unsuspecting inventor made the mistake of showing his "whell" mouse to MS, who acted all uninterested like it wasn't a great invention, then, as soon as this guy's out of Bill's office, they rush down the hall with their new found inspiration and create their own knock-off "whell" mouse. Incredible!

      If it weren't for all the great links and supporting information that you provided, I wouldn't believe this story at all. I hope this hapless inventor has luck with his new gas pill.

    4. Re:Limitations on who owns the baby Bills? by Anonymous Coward · · Score: 1
      Well, there's no reason to reinvent the wheel :-).

      Isn't that a fundamental Linux principal?

    5. Re:Limitations on who owns the baby Bills? by Anonymous Coward · · Score: 0

      You're forgetting the notion of precedents like QDOS, MacOS & Stacker.

  18. Hey! Take your meds. by Anonymous Coward · · Score: 0

    And don't come out in the day. You're scaring all my kids.

  19. Hardware should spin off too by Scrybe · · Score: 2

    IMHO MS Hardware is the only spinoff that I would buy stock in. They actually still produce reasonably good stuff that does not break the second you get it out of the box.

    Other that that I think that the DOJ is going to have a nearly impossible time seperating IE from windows. I think we'll see a MSOS, MSAPP, and MSNET for sure, and I hope we see a MSHW or MSLABS (like the old bell labs)

    --

    <This .sig left intentionally blank>

  20. Kiss your freedom goodbye.... by Anonymous Coward · · Score: 0

    I wonder who is next. AOL perhaps? Who is the next MS? Any of you statist-supporting folks worried. Not likely, most facists are too incompetent to be successful to worry. Thus they level the playing field via Big brother. Here's to Joel Klien stepping in front of a bus... galtware@hotmail.com

    1. Re:Kiss your freedom goodbye.... by Anonymous Coward · · Score: 0

      We're breaking up Richard Stallman, into head, trunk, and limbs.

  21. Re: M$ breakup by Anonymous Coward · · Score: 1

    Think its just a suggestion at the moment...defence lawyers, not the judge... they could have decided precisely how to send Billyboy to the moon, doesnt mean the decisions going to go that way. What i want to know is, if the judgement does go against MS, will they retaliate and, i dunno, build in PGP at a low level (the file system) for example? That`d be fun - no sniffing around the hd for unencrypted data - there wont be any!

  22. Won't do any good by brunes69 · · Score: 1

    In all likelyhood, this decision will only cause more trouble. Since Bill isnt just the CEO, but also the primary shareholder ( i think... )and owns more than 50% of the current comany he will have to own more than 50% of the other 3 companies as well. So this will just mean he has 3 companies to play around with. Although hopefully it will be harder to keep his legions co-ordinated if they are seperate entities...




    In the end, it will never be the governemnt or nay law that defeats Microsoft, it will be linux.
    Now, back to worrying about AOL Time-Warner....

    1. Re:Won't do any good by barzok · · Score: 1

      Gates is neither the largest shareholder (Paul Allen or Steve Ballmer is I think), nor does he own even close to 50% of the shares. Not even 25%. It's a hair ofer 20% that he owns I think.

    2. Re:Won't do any good by xtremex · · Score: 1

      He owns 21%. He IS the majority shareholder though. No one would be able to own more stock than him, unless all those shares were for sale.

      --
      If you're not a Liberal in your 20's, then you have no heart.If you're still a Liberal in your 30's you have no brain.
    3. Re:Won't do any good by Anonymous Coward · · Score: 0

      He owns ~15%. Over the last 2 years or so he has been offing good junks of MSFT to diversify his portfolio. Check out insider trader information on MSFT some time.

    4. Re:Won't do any good by um...+Lucas · · Score: 2

      Bill Gates is the largest shareholder. If someone else owned more MSFT stock than him, then they'ed be the world's richest person... I believe he owns around 20 or 22% of it. You can probably find for sure in an SEC filing.

      You were right on one count at least... :)

  23. Re:On Karma by Anonymous Coward · · Score: 0
    Supposed to be Scooby Doo.

    Sorry, I wasn't real proud of it either, but I had to be quick, I knew the POSTMASTAH was in in the race!

    .

    Trollmastah

  24. How does this compare to the re-org last fall? by D3 · · Score: 4

    M$ did a re-org last year. How does this news relate to the lines they had already drawn for themselves? Will it be along the lines that M$ has already set internally? This would make me believe that M$ felt this was a likely outcome and was preparing it as a contingency.

    --
    Do really dense people warp space more than others?
  25. Re:On Karma by Anonymous Coward · · Score: 0
    Hey, Check out the Davinci thread, two back , I think. I've got the second highest post!

    .

    Trollmastah

  26. Operating systems division a dead duck? by Epeeist · · Score: 1

    IIRC the majority of MS profits come from the Office division.

    In the case of a break up would the operating systems division be able to generate sufficient cash to be able to maintain and develop the multiple OS base that MS has? Has anybody any clue as to the cost overun on W2K (2-3 years late, with how many people at what salary working on it)? I suspect that a pure OS division wouldn't be able to fund this.

    1. Re:Operating systems division a dead duck? by jeffsplace · · Score: 1

      I would wonder if the OS division would simply begin charging a larger amount for the operating system? As you say, Office is the primary revenue generator. If they're divided into three companies, each will have to keep itself afloat. How does a company do this? It generates revenue. If current levels aren't enough, I can see prices being raised.

    2. Re:Operating systems division a dead duck? by xtremex · · Score: 1

      I believe they make more profit from their Office App Division...That is what actually made their OS #1..They put out a good Office Package that would only work on their crappy OS...and they become powers supreme. When it comes down to brass tacks, people really don't care what OS they run...as long as it has the apps they use.

      --
      If you're not a Liberal in your 20's, then you have no heart.If you're still a Liberal in your 30's you have no brain.
    3. Re:Operating systems division a dead duck? by Anonymous Coward · · Score: 0

      That's the whole point. By manipulating the market and "dumping" their OSes on the market, Microsoft has leveraged an unfair advantage. You've almost got it, think about it some more, maybe it will come to you?

    4. Re:Operating systems division a dead duck? by Anonymous Coward · · Score: 0

      Wait a minute. The FoF says they didn't dump. In fact they charged $89 when they could have charged $49. Or is this bizarro dumping?

    5. Re:Operating systems division a dead duck? by M_Talon · · Score: 1

      And if prices go too high, people will look for a cheaper alternative. Especially if Windows remains as unstable as it has been. Linux, or something else, may finally have the chance to wipe out the OS monopoly.

      Hmmm...interesting hypothesis. Windows falls, but Office remains intact. MS Office for Linux? Now there's an unholy idea :)

      --
      Electronic Frontier Foundation for online civil rights information
    6. Re:Operating systems division a dead duck? by Anonymous Coward · · Score: 0

      Microsoft is doing everything wrong!

      Don't you go challanging that notion, or we'll come up with even more things they are doing wrong!

      They are selling their products at too low and too high a cost. They are innovating too much and also stifling innovation.

      Furthermore, Larry Ellision is sexually harassing his employees. Ooops, scratch that part!

    7. Re:Operating systems division a dead duck? by lari · · Score: 1

      I believe they make more profit from their Office App Division...That is what actually made their OS #1..They put out a good Office Package that would only work on their crappy OS...and they become powers supreme. Maybe Office put MS into the position of being a "power supreme," but it wasn't what made MS operating systems #1 -- what put MS into a position to be able to dominate the market to this extent was basically a combination of luck and good choices, if you look at it -- MS handed IBM an operating system for their PCs (however they got it...). IBM, and then their clones, took over the market and the rest was pretty much a foregone conclusion, at least up to the present day.

      Yeah, by building off of that with Office and making MS products "essential" and standard (and uncooperative) they consolidated that position and made themselves into this kind of unshakeable monolith. And yeah, what they've done to keep themselves there wasn't necessarily nice, or ethical, or fair.

      But all of the DoJ actions in the world aren't going to do much to change that if there isn't an alternative waiting in the wings. What is it going to take for something else to be able to really fill that space? If you don't have a pretty good idea off the top of your head, come down out of your tower. If it doesn't make sense right off the bat, it's not going to fly. Yeah, Win95/98/whatever crashes, it's slower than it should be, and everything else. But my grandmother can sit down at it and write a letter to her kids without having to think about it. And that's what matters right now.

    8. Re:Operating systems division a dead duck? by Anonymous Coward · · Score: 0

      The only problem with this rant is that it assumes that only things happening this second are relevant to this second. We're still suffering the ill effects of actions the DOJ incompetently prosecuted 5 years ago.

  27. Doesn't sound like too bad a plan by TheGrimReaper · · Score: 1
    Okay, really we'd like the "All the OS products must be open sourced plan", but I don't think that either the DOJ, or M$ are going to like that. And if the DOJ aren't up for it, then it won't happen.

    Still, this isn't bad. Let's assume that the DOJ are not so dumb, that they allow BillG, Paul Allen or anyone else to hold any power in more than one of the new companies, then we are laughing.

    The key is this: There is no way M$, in its current setup, will port MS-Office to Linux. It would MS's stamp of approval on Linux, and be the beginning of the end for Windows. It might sell more Office units, but it would more than offset this in lost Windows sales.

    A separate MS-Apps division wouldn't care so much about the fate of Windows. Port to Linux, sell more copies, hedge bets in the OS wars, and who cares what happens to Windows sales -- it's not their bottom line!

    Result, Linux loses the "..but it doesn't run Office argument", and can compete with Windows on a level playing field. On merit. Can you smell victory there? It will take a few years, but it can be done.

    1. Re:Doesn't sound like too bad a plan by Tim+C · · Score: 1

      Okay, really we'd like the "All the OS products must be open sourced plan", but I don't think that either the DOJ, or M$ are going to like that.

      There is also a serious problem with that; right now, Windows security pretty much depends upon its obscurity (IMHO, of course).

      If the source was relased, how many more security exploits do you think we'd see? Whatever we may personally think of M$ and their products, the people who use them do not deserve to bear the brunt of that.

      As for a seperate software division porting Office to Linux, thus hurting Windows sales - surely this would not be in the best interests of The Microsoft Group? (Or whatever they would call themselves.) As such, wouldn't Gates (or whoever) veto the move? Or would he not be in a position to wield that much power over what would (presumably) still be his company?

      Cheers,

      Tim

    2. Re:Doesn't sound like too bad a plan by Mr+Spot · · Score: 1

      >right now, Windows security pretty much depends on its obscurity

      Windows has security?

      --

      Sigmenation fault.

    3. Re:Doesn't sound like too bad a plan by Anonymous Coward · · Score: 0

      "people who use them do not deserve to bear the brunt of that"
      Sure they do, no one twisted their arms to run the crap. It's because of these ignorant fools that I can't get all the hardware drivers that I want for my system. Now it's time for them to pay the piper. Let's talk about what's fair and unfair in life...

    4. Re:Doesn't sound like too bad a plan by TheGrimReaper · · Score: 1
      It's a good point about the Windows security.

      They key to the breakup is that the big shareholders must choose one of the Baby-softs to own.

      You then have two ( or three ) separate companies. The Microsoft Group does not exist! Each must act in it's own interest. It's not in the best interest of TMG, or in the interests of OS-soft, but App-soft has the decision, not OS-soft. The App business has no reason to prop up the OS business

    5. Re:Doesn't sound like too bad a plan by Anonymous Coward · · Score: 0

      Windows 2000 incorporates Kerberos as the new default security mechanism. I pre-ordered my Windows 2000 from MS last night (yes, it's pre-orderable as of yesterday).

      Of course, W2K is still vaporware, just like USB support on Linux.

  28. sic. by JimStoner · · Score: 1

    Lets hope they divide Bill into three pieces too.

  29. We're missing the point here... by LLatson · · Score: 5

    I've seen a bunch of posts claiming that even if MS is broken up into these three separate companies, they will each still have a monopoly in their own market space.

    That's not the point. Monopolies aren't illegal. MS broke the law by unfairly using its monopoly power, not by having one. If OS, apps, and internet are all separate companies, they can't join together and force new products down our throats while preventing the competition from entering the market.

    LL

    --
    "If you are falling, dive." -Joseph Campbell
    1. Re:We're missing the point here... by jflynn · · Score: 2

      I'm not at all convinced. How exactly does this interfere with their market power?

      If a customer buys Office from MSB, what do you think the chances are that they will also buy Windows from MSA? Right now, exactly 100%. The converse isn't quite so certain, but nearly so.

      It is only if MSB has a reason to port Office to other systems, and MSA supports third party applications with a stable and open API for Windows that competition will be encouraged. If MSA and MSB both view it as beneficial to remain interlocked, then the situation won't change much from present. Perhaps the DOJ is considering some behavioral language to prevent such collusion.

      I see only mild advantages from this breakup. One, the cartel will be unstable compared to the monolith, threatening any one component financially might unlock it from the rest of MS. Second, forcing communication between the components of MS may force the API to be treated as a standard rather than a weapon against competitors. More of its details may leak or even be made open as well.

    2. Re:We're missing the point here... by Chas · · Score: 2

      If OS, apps, and internet are all separate companies, they can't join together and force new products down our throats while preventing the competition from entering the market.

      Are you SURE on this?

      Yes, there might be standards set to prevent collusion, but in this day of mergers, committees, etc, this would be extremely difficult to enforce. For a prime example, look at the DVD consortium.


      Chas - The one, the only.
      THANK GOD!!!

      --


      Chas - The one, the only.
      THANK GOD!!!
    3. Re:We're missing the point here... by Gurlia · · Score: 2
      Second, forcing communication between the components of MS may force the API to be treated as a standard rather than a weapon against competitors. More of its details may leak or even be made open as well.

      It would seem to me that this opening up of API's will encourage competition, even if not at the OS level. Ideally, of course, we would like to have OS competition at the level of Linux/freeBSD vs. Windows, for example. But it won't be bad to have an alternative Win32 implementation based on the opened API (WINE comes to mind).

      IMHO this is more than merely a "mild" advantage. The opening up of the API's will cause (currently) MS products to lose the monopolistic edge of knowing the internal, "undocumented" API of Windows, thus opening up the market to fair competition. Perhaps more competitors to MS Office or IE. Remember, once IE is decoupled from Windows, "all hell breaks loose" (at least from M$'s point of view) -- we can *finally* have alternative browsers that actually stand a chance of competing with IE. At the very least, even if competitors don't attain to the same level of market saturation, this will still force IE to be pretty high-quality in order not to lose to its competition. Maybe people here prefer a totally non-Windows alternative to things, but you have to admit that opening up fair competition in this way is good for the market, whether or not things go the way we'd like it.

      --
      mikre he sophia he tou Mikrosophou.
    4. Re:We're missing the point here... by Keel · · Score: 1

      Monopoly power may not be illegal, but point of a settlement/penalty should be to prevent abuse of monopoly power in the future. I'm not sure a break-up would do that. Each of the Baby Bills could continue to use predetory practices such as unfair licensing.

      --

      ----

      "Oh, bother," said Pooh, as he hid Piglet's mangled corpse.

    5. Re:We're missing the point here... by David+Greene · · Score: 1
      Well, one thing it would prevent is the hiding of losses in one sector of the market by using the gains in another sector. So distributing lots of software for free (i.e. dumping) becomes more difficult, for example.

      --

      --

    6. Re:We're missing the point here... by sydj · · Score: 1
      I remember reading a (admittedly unconfirmed)rumour that applications programmers in Microsoft were gagging to write ports for other platforms/OSes. If this is true, then surely the break up will make this easier for them.

      Conversely, I suppose that whoever is in charge of "Microsoft Applications" could prevent that. How is it decided who runs these "Baby Bills" anyway? What's to stop the three heads of the new companies basically carrying on as normal by consipiring (for want of a better word) with each other?

    7. Re:We're missing the point here... by dieMSdie · · Score: 2

      I asked this question when Slashdot had the anti-trust lawyers on for an interview.

      Here is the URL of the answers. Basically, they did not seem too worried this would happen.

      Here is a snippet for those who don't want to return to the original article:

      David Niemi responds:

      Breaking apart operating systems, apps, and online services (vertical divestiture) would do *a lot* of good. It is much easier to detect and prosecute price-fixing and collusion between separate companies than it is to detect internal conflicts of interest inside a single company. The different companies would then be required to separately reporting profit and loss to their shareholders, and it would be next to impossible for them to justify helping the other parts of the former Microsoft at their own expense (whereas today, that happens all the time).

      --
      Don't throw your computer out the window, throw the Windows out of your computer!
    8. Re:We're missing the point here... by sjames · · Score: 2

      It is only if MSB has a reason to port Office to other systems, and MSA supports third party applications with a stable and open API for Windows that competition will be encouraged.

      The breakup greatly increases the chances that both things will happen due to fiduciary responsability. Right now, MS as a whole maximises profits by keeping a vertical monopoly. The Mac versions don't really count since they used them as a bludgeon in dealing with Apple, and because for the most part, Mac users are dedicated to Mac and won't likely come to Wintel, and the same is true of Wintel users.

      Under a breakup, MSB has a fiduciary responsability to do what's best for Office and not care what happens to Windows' market share. If they behave in any other way, they are open to a new round of DOJ vs. MSB. Since the next leading product (Wordperfect) runs on Linux...

      By the same token, MSA now has a fiduciary responsability to make sure it's easy to write apps for Windows, and not to care about Office's market share. If they do anything but that, it will be obvious collusion, and once again, a new round with DOJ.

      It is NOT by any stretch a complete solution. MSB would still keep file formats an ever changing deep dark secret to keep users on the upgrade treadmill. Businesses will still face the risk of lost data because old files can't be read by the new product (just try to load a really old spreadsheet sometime), and the product will still be crammed full of bugs and 'cute' talking office products.

      The OS side of things looks a little brighter. The primary things that keep people using Windows are ease of use (click and drool), and the need to run Office for information interchange w/ other businesses. The first is more perception than reality, but the second is a real reason (more or less). A split will kill the second reason.

      To make the remedy complete, DOJ will also have to do something about the per processor licensing and funny price structure to VARs. We'll have to wait and see if that is part of the plan.

    9. Re:We're missing the point here... by Trepalium · · Score: 1
      I get the feeling that even if MS was broken up, that the OS division would eventually grow large enough to gobble up other other divisions. I get the distinct feeling that this is too late to do any good... Microsoft has successfully crippled Borland's hold on the compiler/RDBS market, Corel/Wordperfect Corp's wordprocessor market and Netscape's webbrowser market.

      Microsoft hurt Borland by the fact that all expanded APIs for Windows always came out for Visual C++ first, and they left it to Borland to reimplement the interfaces in their own products. After all, why would you want to use Borland C++ 5.0 when you can't use DirectX. Wordperfect was pretty much killed because of buggy releases, and the fact they were slow to market a Win32 version of their wordprocessors. Then there's things like Microsoft SQL server -- when the developers needed a kernel function to improve performance of queries (scatter/gather IO), it magically became part of Service Pack 3. When the Internet suddenly became popular, Microsoft decided it was not permissible to use NT workstation to run a web server, and that you need to buy NT server instead, which just HAPPENS to come with a "free" web server. Regardless of if any of these things they've done are illegal or not, Microsoft has repeatedly killed off supperior products by using these dubious means and replaced them with their own.

      There's very little left except niche markets like sys utils, etc. The only real major product that hasn't felt Microsoft's influence is Quicken, that Microsoft couldn't even kill by giving "free" copys of Microsoft Money away with Windows95.

      --
      I used up all my sick days, so I'm calling in dead.
    10. Re:We're missing the point here... by Anonymous Coward · · Score: 0

      So distributing lots of software for free (i.e. dumping) becomes more difficult, for example.

      Interesting accusation. Well, I guess it's time for the DOJ to start looking into Red Hat's FTP site traffic.

      Hmmm. Dumping.....

      I guess Apache will start costing $499.

    11. Re:We're missing the point here... by Gedvondur · · Score: 1

      Think about how predatory MS is right now. Now imagine them as three companies. If MS-OS preceives an opperunity to screw MS-APP it will. If MS-INET can screw them both, it will. They will be unable to supress the urge to use the same marketing practices on their former MS bretheren that they used on everyone else. You can bet a power struggle for supremecy will ensue. Voila, competition.

    12. Re:We're missing the point here... by David+Greene · · Score: 1
      Well it is, in a sense. Microsoft gave away IE in order to break Netscape's market. Now, IMHO, IE is a better product, so don't go accusing me of zealotry.

      RedHat is not providing products at below cost to undercut competitors. Free (in both senses of the word) software has been their business model from day one. They sell support and nice packaging.

      The fact is, Microsoft can use the huge profits on Office to shore up losses from IE. This in itself is not a bad thing. Corporations often buy up debt-ridden companies for tax reasons. But when this is done to strangle a competitor, it is illegal. They're using a monopoly in one market (Office) to gain entry into another market (internet browsers).

      --

      --

    13. Re:We're missing the point here... by Anonymous Coward · · Score: 0

      If it weren't for the existence of Mandrake, you might actually have some sort of point there.

  30. How will this work ? by Corion · · Score: 2

    The one thing I've been wondering all through this trial is, how can it be possible for a free man in a free country to be disowned by the state (except for taxes) ?

    If MS is indeed split up, it will have either no consequences, as Bill Gates still holds the majority of shares (and rightfully so, since he owns the majority of MS currently), or the state will have to restrict Mr. Gates rights to his fortune, which is what happened during various communist revolutions, or the state will have to buy out Mr. Gates, which is propably the best thing that could ever happen to Mr. Gates, since all his wealth is currently paper money depending on the stock price of MSFT, but when he gets bought out, he will have "real" money (real as far as these green paper things can be ...).

    If you take a look back at other famous split ups, neither of them worked in the past. Neither the IG Farben split up in Germany (into Hoechst, BASF and Bayer) weakened the IG Farben (they all are now bigger players), nor the Seven Sisters split up of Oil worked.

    IMO, the split up will not change the world of software in any way, since Bill Gates (and the other people who hold the stock in MSFT) will see that the BabyBills work together.

    -max

    --
    Premier argument to install Linux at the workplace - I get paid while waiting for fsck to scan the partitions.
    1. Re:How will this work ? by Znork · · Score: 1

      There are other ways a free man in a free country can be disowned by the state. One is fines, if you commit a crime. Another is damages, also if you commit a crime. And theres always the various laws about property, which can be forcibly bought out if it is in public interest (new roads, etc). There are plenty of ways. Actually, they should probably fine him a couple of billions, award damages to the rest of the computer industry in the range of about a couple of hundred billion. and then run a highway through his house :).

      But I agree, unless extremely closely monitored the split wont do much to fix what has been broken. It may make it harder for the new separate companies to kill off competition and a bit harder to use loss-leaders for that, but it wont come close to making up for the damage MS has caused.

    2. Re:How will this work ? by hoss10 · · Score: 2

      Whether they're the same company or not isn't the point, they will be banned from communicating with each other no matter what Bill orders from on high.
      It's called a Chinese Wall (read about half way down this page to see what I mean)
      Basically, this means everyone gets to see the same API ('cos IE and OS teams aren't allowed to communicate), no optimizations for each other etc.

    3. Re:How will this work ? by Mike+Buddha · · Score: 2
      If MS is indeed split up, it will have either no consequences, as Bill Gates still holds the majority of shares (and rightfully so, since he owns the majority of MS currently), or the state will have to restrict Mr. Gates rights to his fortune, which is what happened during various communist revolutions, or the state will have to buy out Mr. Gates, which is propably the best thing that could ever happen to Mr. Gates, since all his wealth is currently paper money depending on the stock price of MSFT, but when he gets bought out, he will have "real" money (real as far as these green paper things can be ...).

      Those baby Bills will do what they have to to remain profitable. A lot of people believe that Bill Gates net worth will double, possibly triple with a break up.

      That's of no real consequence. The companies will surely find it much more profitable to seek their own fortunes, with the Internet divison and the software division cut off from the cash cow of the OS division. The OS divison will have plenty of reasons to partner with other companies, not just the MS software divison.

      The anti-trust action is not against Bill Gates and his personal fortune. He wasn't the one the suit listed. Microsoft is the culprit.

      IMO, the split up will not change the world of software in any way, since Bill Gates (and the other people who hold the stock in MSFT) will see that the BabyBills work together.


      Personally, I don't think that Bill Gates is that stupid. He has the second opportunity of a lifetime to be the worlds first Bazillionaire, and I don't think he's going to throw that opportunity away playing "business as usual" with the divided MS.


      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
    4. Re:How will this work ? by Anonymous Coward · · Score: 0

      A corporation is not a free man.

      A corporation is a legal way to avoid being responsible for your actions.

      We are not talking about disowning 'men' here.


      Besides, even 'men' can be disowned. It is not forbidden to disown a 'man'. The prohibition is merely against doing so without due process.

  31. Not a helpful solution by RevRigel · · Score: 1

    Doesn't seem to me that this will do much other than hurt the market, and punish a lot of Microsoft employees who have not necessarily done anything anticompetitive themselves. I can agree with the sentiment previously expressed that it would be great to see which wins in the long run: Closed or open source software. A better solution (originally proposed by RMS, to my knowledge) would be simply leaving the company as it is, keeping its source closed, but merely forcing it to open and publish all of its APIs and standards to the satisfaction of its competitors in markets where it can use its OS dominance to leverage them out. This isn't overly vindictive, and more importantly it gets to the source of the problem: the anticompetitive nature of their monopoly. The OS monopoly is fine for now, Linux, etc. will do what they will all in good time. All that needs to be done is to ensure that that admittedly legitimate monopoly (do you really want to answer Linux-related questions for most people who use Linux? I'd be perfectly happy with Linux just grabbing enough market share to get software and drivers developed for it in a timely manner. Forget world domination.) doesn't keep people out of the browser market, or the office software market. Most posts I've seen seem to be fairly sensible in that they express a certain distaste for this plan. Anyone know if there's a way for us to communicate with the DOJ and give them the benefit of our understanding of the technical issues, and why breaking up M$ isn't necessarily optimal? -RevRigel

  32. Two new monopolies -- Worse for Consumers by dgb2n · · Score: 1

    In the midst of endless haggling over the inherent evil of Micro$oft business practices and low software quality, I'd like to share a few thoughts on the actual end result of breaking up the company.

    Instead of one monolithic company somewhat wary of government intervention, you now have three new companies. The new companies have 90% market share in their respective market segments. Remember, Micro$oft has its monopolies for a number of reasons and superior products aren't generally one of them. Shady business practices contribute but the biggest IMHO is that companies cannot afford to risk not being able to interoperate with customers and across their organizations. The solution for most is to adopt the most popular solution, Micro$ofts.

    Now think about what happens next. Each company will have to work harder to grow their business since the traditional Microsoft tactic of buying competitors and spreading into new functional areas is probably off limits.

    Don't fool yourself into thinking these three new companies will compete with each other. Does anyone dispute that, after AT&T spun off the company, Lucent still provides nearly all AT&T equipment and infrastructure? Microsoft will be no different.

    Breaking up the company looks an awful lot like lots of stuff coming out of Washington. It seems like the right thing to do but under analysis, the end results may end up worst than the original problem. Clearly something needed to be done. I just think the government missed the mark.

    Dave

    1. Re:Two new monopolies -- Worse for Consumers by gorilla · · Score: 2
      AT&T splitting into AT&T, NCR & Lucent was almost 20 years after the original MFJ.

      At the time of the MFJ, the primary supplier to AT&T & the Bells was the company which came to be Nortel. As Lucent & Nortel are most definatly in comptetition, it appears that the MFJ has increased competition.

    2. Re:Two new monopolies -- Worse for Consumers by rkhalloran · · Score: 1

      FYI, AT&T may still buy a lot of Lucent hardware, but after the Baby Bells spun off, *they* started buying hardware from Nortel, Siemens, etc. so they wouldn't be subsidizing their potential market rival. Same argument for the cellular companies, same argument for MCI, Sprint, GTE, etc. That's why Ma spun Lucent out, and why they took off so fast as a separate entity; as simply a hardware company, everyone felt free to use them, and most of them have.

    3. Re:Two new monopolies -- Worse for Consumers by BinxBolling · · Score: 1
      Don't fool yourself into thinking these three new companies will compete with each other. Does anyone dispute that, after AT&T spun off the company, Lucent still provides nearly all AT&T equipment and infrastructure? Microsoft will be no different.

      The question is this: Does AT&T buy from Lucent because Lucent is a former part of AT&T, or because Lucent provides high quality products at competitive prices?

      Monopoly is not, by itself, a problem. The problem comes when monopoly power is used to eliminiate superior alternatives. If MS gets split into 3 pieces, and competitor to any of the three ever aquires a significant market position, it may not matter - because each of the 3 pieces will probably have to significantly improve its products to fend off those competitors. This is what counts.

  33. MS Office is not a monopoly by mhm23x3 · · Score: 1

    I woudn't go calling MS Office a monopoly. Highly successful, yes. But you can just as easily choose Corel Suite. Or even LotusWorks, even though it sucks donkey turds. It's the LINK between Windows and Office that's the problem. Either forcing Windows source open OR forbidding whomever else owns Windows from doing anything else seems to me the best solution. And this breakup is designed to accomplish the latter.

    --

    No sig.

    1. Re:MS Office is not a monopoly by MonkeyMagic · · Score: 1

      In enterprise level business, MS Office has a monopoly.

      It is absolutely necessary to be able to read and write in their closed format. Other packages can, at best, do this with basic spreadsheets, WP docs etc. but you try sticking formulae or "pivot tables" in there and doing the same.

    2. Re:MS Office is not a monopoly by lactose_intolerant · · Score: 1
      It is absolutely necessary to be able to read and write in their closed format. Other packages can, at best, do this with basic spreadsheets, WP docs etc. but you try sticking formulae or "pivot tables" in there and doing the same.

      Agreed. The settlement/ruling should mandate that the file formats of Word, Excel, etc. should be opened up to the world.

    3. Re:MS Office is not a monopoly by pipeb0mb · · Score: 1

      To play devils advocate:
      Office is just software. No one is forced to use it. This statement you have made is akin to saying that "English is a monopoly in the business world. It is absolutely necessary to be able to speak, read and write in its' closed format"

      Most decent Office suites can 'open/save/save as' MS-Office compatible files. The keyword here is DECENT. Better software means better sales/usage.

      There is a difference in being stifled by overbearing competition and the inability to create a product as good as the competitor.

    4. Re:MS Office is not a monopoly by beagle · · Score: 1
      Agreed. The settlement/ruling should mandate that the file formats of Word, Excel, etc. should be opened up to the world.

      I have a problem with this solution: it forces Microsoft to release its intellectual property, and I think this is wrong. I wouldn't want the government coming to my company (top in its market) and saying, "You need to open up your file types and show us your goods." It's just not right. There are, I think, other viable alternatives which would solve the major problems at hand (though not necessarily this one).

      Perhaps one solution to this problem would be to take the Apps group and split it into three companies, much as I've advocated splitting the Windows group into three companies. (See my other postings in this thread.)

    5. Re:MS Office is not a monopoly by Anonymous Coward · · Score: 0

      How is taking their IP wrong? They were deemed to have abused monopoly power. Therefore, they abused their priveledge to operate freely as a business.

      Example:

      A fund manager deceives his customers and uses the money involved to fund a small venture of his. We take all of the small ventures IP and other assets to try and recover from the abuse.

      Attaching a value judgement to each, I would say that MS is a LOT worse. If you don't want the government to come along and take all your IP, then don't abuse a monopoly position.

    6. Re:MS Office is not a monopoly by GreenK · · Score: 2

      Yea, but Engish is open source :) ...Applying the microsoft model: You would have to use their closed translators to be able to understand and speak their language. And the Wordperfect translators would goof up and construe the meaning of anything more complex than, "See Dick and Jane play ball."

      The file format is the reason for the lock on enterprise level of the Office Suite. Document sharing is key and if formats can only be read by one program then it locks in that program for everyone. Why don't people use Wordperfect or some other format for the whole company? Because of the automatic albeit handy hooks into the OS and other embeded application.

    7. Re:MS Office is not a monopoly by MonkeyMagic · · Score: 1

      This statement you have made is akin to saying that "English is a monopoly in the business world. It is absolutely necessary to be able to speak, read and write in its' closed format"

      Except that English is not a closed format. If a leader in technology decides to adopt a format which is

      a)closed

      b)constantly changing

      then it is abusing it's position and relying on dirty tricks rather than quality technology to hold it's place in the Market.

      While I personally agree that Office is without a doubt the best software of it's type, I believe this should be the only factor on needs to consider when choosing a product. At the moment, this is not the case.

    8. Re:MS Office is not a monopoly by Znork · · Score: 0

      Then again, maybe you arent breaking the law? Most of Microsofts intellectual property is the result of illegal actions; if you had robbed a bank and bought a house for the money, they could take it from you; if you commited fraud and bought stocks for the money, they could take it from you; why should it be different if you by illegal means destroy competition and use the money you earn to develop intellectual property?

    9. Re:MS Office is not a monopoly by thebruce · · Score: 1

      > Why don't people use Wordperfect or some other format for the whole company? Because of the automatic albeit handy hooks into the OS and other embeded application.

      Yes, but that's not the MS Office monopoloy, that's the Microsoft monopoly. Those links are part of the OS, and they're not just for Office products. That's for anything Windows related. MS Office, essentially, has no monopoly. Closed sourced file formats cannot be considered a monopoly tactic, since everything not open source is closed source. Unless you're totally anti-closed source and want all locked up for being monopolistic, Office has no problems. You can read and write Office formats whenever you want, just like with any other productivity package (hopefully).

      The links between Office and Windows are Microsoft activity, not Office.

    10. Re:MS Office is not a monopoly by thebruce · · Score: 1

      > While I personally agree that Office is without a doubt the best software of it's type, I believe this should be the only factor on needs to consider when choosing a product. At the moment, this is not the case.

      Which is exactly why it's not a monopoly. If you took Office stand-alone w/o Windows, you'd have a decent product, but not a monopoly. The link is what gives Microsoft the advantage. With the break-up, Office WILL become a seperate entity than Windows, so no worries about this 'monopoly'. Office will be restricted to use the same links as any other third party Windows developer after this. Then it will be a matter of which product is better, not which one is most reasonable to use because of quantity.

    11. Re:MS Office is not a monopoly by derwisch · · Score: 1

      Except that English is not a closed format.

      Yes, but it is

      b)constantly changing

      which does it not make easier for non-residents of English speaking countries.

      Business English is even more rapidly changing, which I definitely view as a plot to close the standard for people that do not read coloured, buzzword-laden magazines.

    12. Re:MS Office is not a monopoly by um...+Lucas · · Score: 3

      Whatever the DoJ decides to do with Microsoft one thing that they will not be doing is penalizing them. Rather, all the actions that they take are supposed to restore competition rather than simply hurt Microsoft. That's why they can't just say, fine them $20 billion dollars.

      About the only thing they could do is decide that Windows is an essential facility or whatever the name is, but even then, the government would have to pay Microsoft for the source...

      And lastly, the Judge found that Microsoft competes unfairly and has a monopoly on OPERATING SYSTEMS. Last I looked, Office is not part of the OS... Therefore, I thinks it's highly unlikely that there will be much done in the front of taking IP out of the Apps division...

      But then... IANAL...

    13. Re:MS Office is not a monopoly by Anonymous Coward · · Score: 0
      Except that English is not a closed format. Yes, but it is
      b)constantly changing which does it not make easier for non-residents of English speaking countries.

      The "english" analogy is fundamentally broken. Anyone on earth can learn to speak english (assuming they have the physical capability.) But only Microsoft software can read Office's special formats in their entirety. People who don't speak english don't need to buy special software to get the "format." --they just need to learn.

      Would you propose to solve the language problem in the same way as I propose we solve the MS format problem? Publishing MS's formats would enable other software to open their files. Publishing English's formats (it's called the OED) would allow people all over the world to learn english without *being* English!! My god, wouldn't that be amazing?

    14. Re:MS Office is not a monopoly by MonkeyMagic · · Score: 1

      In what way is English a closed format? It is open, as is almost any language - see Collin's French to English Dictionary.

      In an open format - which I believe human languages to be - constant change is not a huge problem, we can adapt. But in a closed system such as word and excel files, any change is immediately a problem due to the time it takes to work out the new format. With a language you can just ask someone.

      There are exceptions to this, I agree with you that Business-speak is often around to exclude those who aren't in-the-know (also, see: lawyer), this is often because people are very afraid that everyone else will discover how easy their job is. It makes it harder for everyone to compete. These are exceptions to the rule however and anyway it is still much easier to read a jargon file (or ask someone) than to decrypt a binary data file.

    15. Re:MS Office is not a monopoly by Nathaniel · · Score: 1
      I wouldn't want the government coming to my company ... and saying

      Of course you wouldn't. MS doesn't want that either. The differance here is that it's looking like MS broke the law.

      I wouldn't want the courts to take away the things I bought with that money I stole from the bank either.

      The arguement would be that widely used, proprietary formats were gained as a result of MS's auti-competitive practices. Without these practices they wouldn't have been able to force a closed format on the market.

    16. Re:MS Office is not a monopoly by beagle · · Score: 1
      The arguement would be that widely used, proprietary formats were gained as a result of MS's auti-competitive practices. Without these practices they wouldn't have been able to force a closed format on the market.

      So I'll as an ignorant question: aren't Borland's or Intuit's or Lotus's file formats closed? If not, OK. If so, is this another difference between a monopolist and another, regular, competing company? Serious question - I really don't know...

    17. Re:MS Office is not a monopoly by Anonymous Coward · · Score: 0

      Well, that clenches it.

      Roll up the vans, to every software outfit that's been around more than two weeks. Wheel in the assets. Haul it off.

      Hi, Japanese software vendors. Do you want our entire software market? We've decided we'd rather shoot ourselves in the foot than produce anything anymore.

    18. Re:MS Office is not a monopoly by Anonymous Coward · · Score: 0

      With IBM moving to linux... I really see MS OFFICE being a big time seller for AS-400 if they port it. In addition I see a chance for the Internet group to push their web server on the really big IRON!

    19. Re:MS Office is not a monopoly by Anonymous Coward · · Score: 0

      Intellectual property is a sham. What the government would be doing would not be stealing but taking back that which THEY gave to Microsoft, a monopoly grant. Furthermore, Microsoft does not rate having natural rights. No corporation does. Such entities are incorporated specificially to shield it's members from legal responsibility. Thus, they have a lesser claim to such things as real property rights.

      Also, this would be no different really than mandating anything else in an anti-trust judgement. Any such action is a violation of liberties when considered from the point of view of an individual.

    20. Re:MS Office is not a monopoly by Anonymous Coward · · Score: 0

      God, listen to yourself! "How is taking their IP wrong?" Hello! Because taking something from someone, or a company is wrong. You Linux freaks really seem to have a problem with ownership.

    21. Re:MS Office is not a monopoly by Znork · · Score: 1

      Um, do you mean that every software outfit thats been around for more than two weeks have been violating the law to make profits? That would certainly make the software industry pretty bad.

    22. Re:MS Office is not a monopoly by Danse · · Score: 1

      I think the key word in his statement is "force." Borland(Inprise), Lotus, etc, don't "force" anything on anyone. They don't have the power of an OS monopoly to allow them to do so. They play by Microsoft's rules if they want to play with Windows. Since Windows has been the only game in town with some 90% marketshare, they have little choice in the matter. They either play with Windows by Microsoft's rules, or they end up as a tiny little niche company or die out completely. Unfortunately, since they are directly competing in the office suite market with Microsoft, Microsoft has very little incentive to allow a level playing field to exist for the office suite market. End result? Consumers suffer a lack of real choice. Only one company has the information to allow it to excel(npi) in the office suite market. That happens to be because it also controls the OS that the office suite runs on.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    23. Re:MS Office is not a monopoly by beagle · · Score: 1
      And lastly, the Judge found that Microsoft competes unfairly and has a monopoly on OPERATING SYSTEMS. Last I looked, Office is not part of the OS...

      Well, as far as Windows 95 was concerned, neither was the browser. Now with Win98, the browser is (as far as MS will tell you) part of the OS. Now, we all know what BS that is, but that's what they will tell you. Look for MS-Office features in an upcoming version of Windows. :)

    24. Re:MS Office is not a monopoly by Danse · · Score: 1

      Rather, all the actions that they take are supposed to restore competition rather than simply hurt Microsoft. That's why they can't just say, fine them $20 billion dollars.

      Right, that will be left to others to do with civil suits if/when Microsoft loses this case.

      This seems entirely appropriate. If Microsoft's illegal actions harmed others, then they should be compensated. Triple damages are awarded as a punishment.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    25. Re:MS Office is not a monopoly by Anonymous Coward · · Score: 0

      How again does Microsoft "force" Windows users to use MS Office? I think you'd have trouble showing that MS Office enjoys any particular technical or integration advantage over Corel or Lotus, cuz they really don't.

      All of this open file format talk is really wishful thinking applied to some people's personal problems. It's not a real remedy for monopoly. (MS's monopoly is built on a stronger foundation than some cheezy transitory file formats.)

      footnote:
      There was some evidence presented in the case where Microsoft prevented some vendors from packing in Lotus SmartSuite with new computers, but let's be realistic -- the Office Suite marketshare of people who got it for free is irrelevant. (I've formated SmartSuite off of more IBM computers than I can count.)

    26. Re:MS Office is not a monopoly by Danse · · Score: 1

      There was some evidence presented in the case where Microsoft prevented some vendors from packing in Lotus SmartSuite with new computers, but let's be realistic -- the Office Suite marketshare of people who got it for free is irrelevant. (I've formated SmartSuite off of more IBM computers than I can count.)

      Who cares if it was removed later or not? The fact is that Microsoft has the kind of power to prevent OEMs from loading what they want to load on the computers they sell. That shows that they do, in fact, have monopoly power, and that they abuse it.

      It's not a real remedy for monopoly. (MS's monopoly is built on a stronger foundation than some cheezy transitory file formats.)

      Definitely. But one of the easiest ways for competition to be created is for other companies to have the ability to make their products compatible with Microsoft's products. File formats are an important part of being compatible.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    27. Re:MS Office is not a monopoly by RogerWilco · · Score: 1

      Anyone remember why WP lost?

      Because when Win3 came along MS brought the
      suite with it (and sold it with it), It took WP a lot of time before they had a WP for Win.

      Still i think WP is far superior to Word when
      it comes to abilities.
      Just look at the equation editor...
      (or a dozen or so other things Word just can't
      do (properly))
      It hasn't changed it's file format since
      WP6.0 for DOS (1994) and is still way
      ahead in abilities and posibilities.
      Presentations is decent, Quatro sucks.

      I've used both profesionally (well sort of as a student) for writing complex scientific documents, and Word just isn't up to the task. In science most people AFAIK use either WP or LateX when it comes to the real work. (PhD thesis for example)

      I still like it that my dad on his old 286 (w/WP6.0 for DOS) can read the documents i create in WP8 for linux :)

      As i see it MS (almost) killed WP by using its OS advantage.
      My ideal office suite would be:
      Wp8+Excel+Presentaions+Pmail (for Linux :)

      Greetings,

      Adriaan Renting.

      --
      RogerWilco the Adventurous Janitor
  34. Pre-loads and vendor support are the keys by Scurrilous+Knave · · Score: 5

    Any solution that fails to address pre-loads is doomed to fail, or to make things even worse.

    And until hardware vendors start shipping drivers for alternative PC OS's with their products, and until software vendors start releasing alternative PC versions, no real change will take place.

    The zero-choice pre-load is, I think, the causative factor of the other two--if computers start appearing in stores and on web sites pre-loaded with something besides MS-Windows, then vendors will start addressing those other choices.

    I'll repeat my solution, which I've posted here before. Unfortunately, it involves doing very little to Microsoft; fortunately, it doesn't single anyone out for special punishment:

    • Require all system vendors to offer a minimum of two choices of preloaded OS, if they offer any preloads at all. The different OS preloads must be on equal terms--same level of support, same hardware supported, and so on. Only the price difference in the base OS can be passed along.
    • Require all hardware that comes with specialized drivers to provide drivers for a minimum of two OS's. As an alternative, they could publish complete specifications of their device's interface. Any provided drivers must provide equivalent functionality.
    • Require all software that communicates with other software (like over a network) to be accompanied by complete and accurate specifications of the protocols and formats involved in that communication.
    • Require all software that saves data in files to be accompanied by a complete and accurate description of the formats of those files.

    The trouble we're having with Microsoft is only a symptom of a larger problem. If not them, then somebody else would be doing it. If they are only broken up, the problem will continue.

    1. Re:Pre-loads and vendor support are the keys by Tim+C · · Score: 1

      The zero-choice pre-load is, I think, the causative factor of the other two--if computers start appearing in stores and on web sites pre-loaded with something besides MS-Windows, then vendors will start addressing those other choices.

      There are a few companies offering pre-built PC systems, pre-installed with an OS other than Windows; two are

      http://www.valinux.com - US based
      http://www.dnuk.com - UK based

      I've not looked too much at the VALinux pages, but the last time I had a browse arond dnuk.com they offered to pre-install Windows, Red Hat, or even set it up to dual-boot; and if you didn't want Windows, they knocked the price off the price of the system.

      Cheers,

      Tim

    2. Re:Pre-loads and vendor support are the keys by calebos · · Score: 1

      >>Only the price difference in the base OS can be passed along.

      This could only work if the price of the base OS included not only the licencing costs, but also the total costs to the vendor to install, support, etc a given OS. That would for the OS suppliers to focus on reducing the costs of every aspect of the OS (if they wanted to compete on price, that is).

      Ed

    3. Re:Pre-loads and vendor support are the keys by deKernel · · Score: 1

      Your story sounds great, but it has one GAPING hole in it. Microslow is on trial, not the whole stinking computer industry. How in the heck can the government force all computer vendors to provide/support atleast two OS's. Next, do you want the government to have that power (paranoid trip off now!!)?
      Wake up and see the world for what it is!!! All that the DOJ can do is possibly break the pre-install contracts with vendors (I say this with no legal guise at all).

    4. Re:Pre-loads and vendor support are the keys by warmi · · Score: 1

      How about requiring you not to earn more than 50 K a year ? Or not to have more than 3 computers at home ?
      Sound silly ? Yeah ... just like your "solution."

    5. Re:Pre-loads and vendor support are the keys by Darth+Null · · Score: 1

      The problem with points 1 and 2 is that they impose restrictions on third parties as a remedy for dealing with Microsoft's illegal actions. The third party vendors are likely to protest that they aren't the ones under investigation and they certainly haven't been found guilty of anything. And their lawyers will probably point out that there are no legal grounds to take action against them. It also creates the problem that if there happens to be only one OS available that runs on a particular machine, it cannot be released. Also, for some time, most PC hardware manufacturers and resellers have made drivers/offered options for two OSes: Win9x and WinNT.

      The additional problem with the third and fourth points is that it is difficult to tell whether a protocol has been implemented according to its specification, especially if it's closed source. It might be possible to test to see if everything works as published, but it would be hard to test for an unpublished iterface, and these are allegedly what gives Microsoft its edge -- secret Windows syscalls. Even if they are discovered, it's hard to prove that these are actually intentionally hidden interfaces. The manufacturer could, possibly validly, claim a number of explanations, such as the interface was written but never tested and so wasn't documented as an official feature (very common in the real world, as I understand it), the interface was partly written but is not yet complete in the current release and so is not documented, or the interface is completely unintentional, was never in the specification, and any functionality that can be derived from it is completely accidental. Don't forget that Microsoft claims that its APIs _are_ fully documented and disclosed. Should there be an API police -- a government body that obtains the source to every software program released and tests it against a set of published specifications? Would this include small projects written by one person and released under the GPL? And what would be the legal consequences of making a mistake?

    6. Re:Pre-loads and vendor support are the keys by um...+Lucas · · Score: 2

      Um.... that basically punishes the entire computing industry for what Microsoft did. Believe it or not, most costomers DO ask for windows. Why should a manufacturer have to spend the time and resources to train staff to install and support an additional OS, in their customers aren't asking for it?

      If their customers are asking, and the company is refusing, then they'll lose their customers.

      Mainly what should happen is that Microsoft shouldn't be allowed to sign exclusionary deals, give different discounts to different vendors who purchase the same quantity, or join any "market development agreements". That way, if an OEM saw enough requests for BeOS to justify it, they could do so without fear of reprisal.

      Requiring manufacturers to create two sets of drivers for devices will simply slow the market down to a crawl. If i use windows, why should i have to wait for an extra 6 months for something, just because the company needs to develop a FreeDOS version of XYZ? And what if the rest of the OS doesn't support the functionality needed..?

      As far as I know, OpenBSD doesn't support Quicktime, so should a maker of video capture cards need to reimplement quicktime on that platform before it can ship a product for Windows???

      Rethink what you've written and see just how much that would negatively affect the entire industry.

    7. Re:Pre-loads and vendor support are the keys by Anonymous Coward · · Score: 0

      Didn't you hear?

      Linux is not a viable alternative. It's a finding of Facg and it's in black and white on paper. Don't make us come over and convince you of the fact. You won't like what the Federal Marshalls do to your door frame.

    8. Re:Pre-loads and vendor support are the keys by Anonymous Coward · · Score: 0

      Didn't you hear?

      Linux is not a viable alternative. It's a finding of Fact and it's in black and white on paper. Don't make us come over and convince you of the fact. You won't like what the Federal Marshalls do to your door frame.

    9. Re:Pre-loads and vendor support are the keys by Anonymous Coward · · Score: 0

      Most customers are never asked.

    10. Re:Pre-loads and vendor support are the keys by Gedvondur · · Score: 1

      I think the only way you could implement the above plan is to regulate the entire industry. There would be no other legal way to do it. First lets look at OS preloads. Are Windows 95 and 2000 separate operating systems? Would that qualify? Is Windows 3.1 separate? Do the operating systems software engineering students are required to write as part of course-work qualify? And then when does the holy war about which operating systems qualify start? I dont like this solution, because it interferes with the basic principles of free market economics. Its like a subsidy for OSes with small market share. What OSes a manufacturer chooses to show is a part of the free market, and should not dictated. Second, as far as requiring all hardware vendors to put out drivers for at least two operating systems, this is also interfering with the free market. Hardware vendors write drivers for the majority and then for the minority, based on market share and nature of the product. Making this decision for them damages the free market we are trying to promote. I think that a little bit more of an in-depth solution is necessary.

    11. Re:Pre-loads and vendor support are the keys by Anonymous Coward · · Score: 0

      "Score:4,Insightful?" How about "Linux Zealot", as a more accurate tag?

      This "doesn't single out anyone for special punishment"? I'm sure Apple Computer will appreciate being forced to sell and support Linux. I'm sure Sun Microsystems will, too.

      On top of everything else, this idiot hasn't even changed anything via-a-vis Microsoft, since he's too stupid to realize that Windows 9x and Windows NT are "two different OS".

      Why doesn't he just say "Everyone in systems, hardware, and software must be forced to support Linux whether it makes any sense or not", since that's obviously what he means?

      I guess IBM is prescient, preparing Linux for the System/390 to be ready for the day when the Penguin Police break the doors down.

    12. Re:Pre-loads and vendor support are the keys by Anonymous Coward · · Score: 0

      The legal basis for placing burdens on the individual VARS is just not there. Part of the current problem is the net effect of lots of small decisions that are immediately beneficial but short sighted.

      It's like a huge prisoners dillema matrix with Microsoft being the district attorney.

      Microsoft should be prevented from being the bad cop.

      Foremost, all price descrimination must end. MS should be prevented from using the price of it's product to 'punish' those that don't do what they're told.

      Also, to help ensure that this sort of thing is not going on, all contracts made with Microsoft should be a matter of public record and it should be Microsoft's responsibilty to ensure access to these records.

      Stiff penalties should be in place for non-conformance.

    13. Re:Pre-loads and vendor support are the keys by Anonymous Coward · · Score: 0
      Any solution that fails to address pre-loads is doomed to fail, or to make things even worse.

      You're kidding, right? Let me ask this: If every PC hardware vendor started offering pre-loads of every PC OS in existence tomorrow, what do you think would happen?

      If you're at all realistic, your answer will be "nothing" - with the exception that some smaller vendors will go out of business because they can't afford to keep people on staff to install and support an OS that they never actually sell. Most people want Windows. Why? Because that's what they've heard of, and that's what their friends use, and that's where most of the apps they want to use are.

    14. Re:Pre-loads and vendor support are the keys by jafac · · Score: 1

      I agree with everything else you say, except for;

      Apple HAS sold systems preloaded with Linux in the past. I don't think Sun would mind a bit either.
      (I DO think that Sun should be forced, at gunpoint to provide a Linux implementation of Java - if they're going to SAY "write once, run anywhere", then it better damn well run ANYWHERE!!)

      I wish I had a nickel for every time someone said "Information wants to be free".

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  35. What about publishing? by wunderhorn1 · · Score: 2

    What about the Microsoft Press? During the break-up attempt of '95 this was certainly going to be one of the Baby Bills. Now which division is going to get free access to the MS publications? And what about MSNBC?

    --
    Karma: Bored. (Thinking about resurrecting the "Anyone else is an imposter" joke.)
  36. Cost of staying in business by ch-chuck · · Score: 2

    if anything, a meaningful breakup with real 'firewalls' between os and app developerss (such that non M$ app developers have as much access to os secrets as M$ developers when attempting to compete on the say os playing field, ala Netscape) would add admin costs, that plus the recent temp appeal and Caldera settlement etc means that either the per cpu license costs will go up, or stock dividends will go down; either way it'll be less attractive all around and people may stop being M$ robots and falling for their whitewashed crap, and maybe consider products that are more than a bunch of barely fulfilled & not-quite-working-right marketing bullets on the full page ads.

    Boojum

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
  37. Good indeed by lohen · · Score: 2

    I agree. With the company for the OS being seperate to the other(s) incompatability between different software and different OS systems becomes inviable and the software groups will release versions of their programs for Linux while the OS system suddenly finds it has to stay competitive without the software tie-ins and will either improve in areas thus far neglected such as reliability, or founder.

    --
    "What is freedom of expression? Without the freedom to offend, it ceases to exist." Salman Rushdie
    1. Re:Good indeed by um...+Lucas · · Score: 3

      Office is a HUGE product. There's still tons of justification for them not developing a Linux version, namely, how many people will actually buy it.... A port would take at least a couple years, so if they started now, we'd see it in 2002 or so...

      But the only way it would be viable even then is if people within Microsoft felt that Linux would grow a huge amount in that time... I doubt that mindset exists much anywhere within Microsoft. Therefore the justification against developing Apps for Linux would and could continue...

    2. Re:Good indeed by Anonymous Coward · · Score: 1

      Yet they will gladly waste money porting IE to HP/UX or Solaris sparc while gladly ignoring the other more client oriented Unixen, even Solarix x86.

      Besides, it doesn't take that many unit sales to justify a port to begin with and they can amortize the cost over all the Unixen.

      They just don't want to weaken CAGE they have their Windows users trapped. They don't want to give them an easy option of moving to another OS.

  38. Breakup would be a positive thing... by Anonymous Coward · · Score: 2

    ...in my opinion. Each new company would necessarily be focused on maximizing value to the stakeholders.

    - The 'applications' company would have significant incentive to port it's stuff to alternate OS's. Suddenly, there's MS-Office available for Linux, FreeBSD, BeOS -- gosh, maybe even my old CP/M-80 box.

    - An OS cannot stand for long in the marketplace without application software. With the applications company producing software for alternate OS's, investing in them becomes less risky for the consumer. With intense competition from cheap or free OS's, the new OS company would have to start providing real value to survive.

    - Both companies would suddenly have *real* competition -- not the pretend competition they alleged during the anti-trust proceedings -- and they will suddenly be forced to be truly innovative, not immitative.

    Consider MS' historical behavior: They seek to dominate any market they enter. They were able to do it with Windoze because they controlled the desktop and what appeared on it. After a breakup, I'd still expect the new companies to operate under the same premise. Only this time, it's a level playing field: the applications company doesn't own the playing field, and the OS company doesn't own the ball.

    I think it's a win-win for everyone.

    1. Re:Breakup would be a positive thing... by RPoet · · Score: 1
      Breakup would be a positive thing... ...in my opinion. Each new company would necessarily be focused on maximizing value to the stakeholders. - The 'applications' company would have significant incentive to port it's stuff to alternate OS's. Suddenly, there's MS-Office available for Linux, FreeBSD, BeOS -- gosh, maybe even my old CP/M-80 box.

      And how it that a _positive_ thing? :)

      --
      "Oppression and harassment is a small price to pay to live in the land of the free." -- Montgomery Burns.
    2. Re:Breakup would be a positive thing... by Anonymous Coward · · Score: 0

      And how it that a _positive_ thing? :)

      I'm often accused of living in a pretend world. Like right now, I'm pretending I like MS Office.


      Anyone can use a Microsoft product, but to do something useful takes a God.

  39. Monopolies -are they for or against them? by RPoet · · Score: 1

    How could they possibly break MS into pieces while at the same time allowing the AOL/Time-Warner merger? This is just a sign that they only dare to what appears as politically correct - people _want_ them to break up MS because "everybody hates Micro$oft", but everyone watches CNN and Cartoon Network and loves it. So to hell with legal consistancy.

    --
    "Oppression and harassment is a small price to pay to live in the land of the free." -- Montgomery Burns.
    1. Re:Monopolies -are they for or against them? by gclef · · Score: 2
      Okay, class, repeat after me:

      Monopolies are legal.

      (monotone)Monopolies are legal.

      Abusing them isn't.

      (monotone)Abusing them isn't.

      M$ got to their monopoly status perfectly legally. It's just the abuse of that monopoly *after* that which is causing the problems. I would certainly hope the Justice Dept would go after AOL/TW *if* they abuse their new-made monopoly. But they can't prevent companies from *becoming* monopolies.

    2. Re:Monopolies -are they for or against them? by Znork · · Score: 1

      Being a monopoly is not illegal. Using your power as a monopoly to prevent competition or to break into and take over other areas of buisness is. It is consistent.

    3. Re:Monopolies -are they for or against them? by Anonymous Coward · · Score: 0

      My names Bill. I abuse my monopoly.

  40. Give me API's! by volsung · · Score: 3
    Frankly, I don't want Microsoft to be broken into multiple companies because I don't see that accomplishing the main goal: Allowing competitors to interoperate with Microsoft products. We want well-documented API's and file formats.

    Three companies can be just as non-cooperative as one company. Unless the DoJ is hoping that this threat will scare Microsoft into cutting them a deal.

    1. Re:Give me API's! by Senior+Frac · · Score: 1

      I believe this to be the point of the breakup. The "Applications Unit" would only have access to documentation that the "OS unit" published openly; making it available to everyone on an equal basis.

    2. Re:Give me API's! by SilLumTao · · Score: 1

      If you were to divide M$ into 2 primary companies (an OS division and an application division), what benefit would the OS maker have by cooperating with only one application company? It would be in their best interest to license their APIs to multiple parties -- every license will result in more money in the corporate coffers.

      At that point, it would be advantageous for the application company to deliver their software to multiple platforms (Mac, Linux, etc.). If they could reduce the cost to port, test and maintain parallel versions, it would bring in greater revenues than releasing on just one platform.

      If M$ is broken up, you can't assume that they will collude because it would not necessarily be in the best interest of both parties.

      In my mind, the best part of the breakup will come down the road when each company can go back to focusing on good technology and loose the marketing driven design crud.

      --
      "He was a wise man who invented beer." -- Plato
    3. Re:Give me API's! by Col.+Klink+(retired) · · Score: 3

      > Three companies can be just as non-cooperative as one company.

      Not really. Each has to justify itself to its own stockholders. MS-OS giving exclusive access to MS-Apps can't be justified to the MS-OS stockholders. MS-Apps giving away IE to help sell MS-OS can't be justified to the MS-Apps stockholders.

      Read the FoF. Most of the things that look like monopoly behavior are done without any financial reason except to protect the barrier to entry. They put AOL on the desktop, in direct competition with MSN, just so AOL would dump Netscape. They even paid off ISP contracts with Netscape to get the ISPs to stop using it and start using IE. Explain that a shareholder of the MS-Apps company:

      "We're giving our product away and, in some cases, paying people to take it. We expect no revenue from this product at any time now or in the future. Fear not! Your losses will result in even larger gains for another company."

      That works inside a single company, but why would anyone want to hold stock in an MS-Apps company that behaved this way? You could get all the profit by buying MS-OS and none of the expense by selling MS-Apps.

      --

      -- Don't Tase me, bro!

    4. Re:Give me API's! by warmi · · Score: 1

      MS APIs are much better documented then just about anything on the Linux side with possible exception of QT.

  41. Breaking up is by far the best solution by czei · · Score: 5
    Contrary to popular belief, the reason MS is in trouble with the DOJ is *not* for being a monopolist. It is not illegal to be a monopoly! There's nothing wrong with being a monopoly, as long as you obtained it using legal business practices, and don't try to use your first monopoly to create others.

    The threatening part of Microsoft is not their OS is on 95% of the computers, but that the monopoly gives them the power to to force their applications software onto those platforms as well, turning the OS monopoly into little monopolies over every other facit of the software market. Why would most people by an office suite, when a pretty good one came "free" on their computer when they bought it? The OS monopoly has given them others powers as well, such as total control over what hardware manufacturers can bundle with the computer. (In the past they required the hardware companies to not ship competing software, and there's no reason to believe as soon as the DOJ goes away they would continue that practice.)

    There are many other illegal things MS can continue to do as a single company that would all be controlled simply by breaking them up. The advantages are many:

    • Each separate company would retain it's own intellectual property. Linux advocacy aside, there is no viable solution that would rob a company of it's intellectual property. There is no way in hell any government is going to throw out hundreds of years of precedent simply because of the open source movement.
    • Much less oversight of the broken up companies is needed. Any behavior based solution (we promise never to screw anyone over again) would require close up monitoring of the behavior, and they would in the end simply do whatever they wanted and hope for a better deail at the next trial.
    • Each separate company would act in its own interest, which acts to prevent monopolistic behavior. For example, an operating system company could no longer offer deep discounts to the hardware vendors who also shipped Office, since office would be sold by the applications company. An operating system company could no longer threaten to cut off a hardware vendor who bundled non-MS applications. A separate internet/services/ISP could no longer have a reason to pay all of the ISPs hundreds of dollars every time the ISP converted to using an MS application.
    • In the end, the cleanest, most effective solution is breaking up MS.
    1. Re:Breaking up is by far the best solution by Mike+Buddha · · Score: 2

      I agree with a lot of what you said. One thing that a lot of people gloss over when considering an MS breakup is that there will be no advantage for the baby MS's to continue to favor one another.

      Some other developer could conceivably gain access to the undocumented API's that are now only for MS's internal developers.

      I think this will be a good thing.

      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
    2. Re:Breaking up is by far the best solution by Chas · · Score: 2

      Who's to say that the "best interest" of the baby bills would not be to keep a collusive arrangement between them?

      Basically breaking the company up makes it harder for the government to oversee and allows the baby bills to shift blame to each other so that there's a lot of circular finger pointing.


      Chas - The one, the only.
      THANK GOD!!!

      --


      Chas - The one, the only.
      THANK GOD!!!
    3. Re:Breaking up is by far the best solution by coredog · · Score: 1

      MSA (OS) and MSB (Office/Apps) can still
      continue to enforce the Wintel monopoly. Here's how:

      Port Office to another OS like Be or BSD (anything to stop the spread of the GPL ;)

      Knowing that Win32 is still the #1 platform, sell Win32 Office licenses for 50% of Be licenses. In the ultra-price sensitive computer market, what are you going to buy?

      With Office the killer app for Win32, as long as Office is the champ, Win32 will be the champ as well. Monopoly keeps rolling, and now the DOJ can do exactly jack shiznit.

      --
      Do anal-retentive people hyphenate 'anal retentive'?
    4. Re:Breaking up is by far the best solution by deacent · · Score: 1

      Why bother porting? They can have a more cost effective solution by simply sticking to their current Windows and Mac support. No one would blame them because no one really expects a mainstream developer to support anything beyond these two (and the Mac support is actually considered icing).

      -Jennifer

    5. Re:Breaking up is by far the best solution by RelliK · · Score: 2
      I believe I can answer that. (But warning - IANAL).

      Who's to say that the "best interest" of the baby bills would not be to keep a collusive arrangement between them?

      THAT would be illegal. And it is much easier to monitor that when the Baby Bills are separate companies.
      ___

      --
      ___
      If you think big enough, you'll never have to do it.
    6. Re:Breaking up is by far the best solution by MattMann · · Score: 1
      What you wrote is pretty accurate from the point of view of someone who understands the issues, but I think you haven't explained it well enough for people less informed on the subject. So, while not specifically disagreeing with you, I would put a whole different slant on the issues. Take it all in good fun, of course (I'll post each point individually for ease of reply.)

      It is not illegal to be a monopoly! There's nothing wrong with...

      Bzzzzt! You switch from "illegal" to "nothing wrong". You are correct that monopoly is not iillegal about monopoly, but there is still something wrong with them, most economists would contend. I would go further and say that that monopoly should be illegal: "Perfect markets" are cool because they achieve the free marketeer and the socialist's dream of being profit-free while producing vast quantities and varieties of both products and wealth.

      However, they cannot be free of regulation. Perfect markets do not allow monopolies by definition. In the big debate between left and right, communism vs. capitalism, socialism vs. libertarianism, this central point is so often missed by both sides. "Free markets" are not "perfect markets". Perfect markets should be our goal.

      I would note also as a quibble, that under civil law, officers of a corporation are required to profit maximize. For monopolies profit maximization is achieved by abusing monopoly power, so the legal requirement would be for the officers of a monopoly to abuse their power as much as they can while still staying below the threshold of prosecution... but parking in front of hydrants just when the police aren't looking is still anti-social, dangerous and illegal. I would contend that monopolists should be treated as social pariahs.

    7. Re:Breaking up is by far the best solution by MattMann · · Score: 1

      The threatening part of Microsoft is not their OS is on 95% of the computers, but that the monopoly gives them the power to to force their applications software onto those platforms

      Bzzzzt! It is exactly the OS monopoly that is the problem. Not to be too repetitive, but once again you are 100% correct about the the legal case, but the point needs to be made that in terms of the economic well-being of consumers, the economic impact of an extra $50 or $100 per computer skimmed from the consumer (not to mention all of the consumers who on margin do not purchase) is outright theft and should be treated like stealing bread from widows and orphans because that's exactly what it eventually trickles down to doing.

      The fact that the OS monopoly (loan sharking) can be used to force the applications market (white slavery) is just gravy on the monopolist's (organized criminal's) plate.

    8. Re:Breaking up is by far the best solution by MattMann · · Score: 1

      [in a breakup...] each separate company would retain it's own intellectual property... there is no viable solution that would rob a company of its intellectual property

      Here you are comparing to "open sourcing" and I see what you are trying to say, but there is another solution you are neglecting to consider. Splitting the OS company into 10 OS companies all sharing rights to the same intellectual property [please bear with this simplification:] all owned by Bill Gates would not be taking any intellectual property from Bill Gates. He would own everything he owned before. What he would lose is monopoly power, but monopoly power should be considered as immoral as holding a gun to someone's head, by true capitalists and by communist alike.

    9. Re:Breaking up is by far the best solution by nojomofo · · Score: 1

      Each separate company would act in its own interest, which acts to prevent monopolistic behavior....

      So I have a question here. If they're broken up into 3 different companies, does Bill have to sell his interest in 2 of them? Because if not, then what is in the best interest of one company would still be very much for the good of the other companies (or certainly their stockholders, and increasing stockholder value is considered one of the prime motives of public companies). Maybe it would be bordering on collusion, but they still could (and would be motivated to) do what they do as one company today.

    10. Re:Breaking up is by far the best solution by msanto · · Score: 1

      Collusive arrangements between 2 competing companies is illegal under US antitrust laws. Finger pointing is irrelevant since both companies are considered guilty (assuming they're found guilty).

      Collusive arrangements between 2 non-competing but complementary companies is called strategic partnerships and is extremely common, an example is an airline and hotel chain. Each company usually pursues whatever is in its shareholders best interests. It's possible that such behaviour may be restricted by the breakup decree. Otherwise MicroOS and MicroApps wont be prohibited from colluding but since it will undoubtably be heavily scrutinized the assumption is that such activity will be minimized.

      Additionally, market forces would dictate a diverging directions for the 2 companies, they would no longer have a strong interest in maintaining a Windows monopoly (i.e. MicroApps will sell to as many OSes as possible, all app companies will get a fair shake with MicroOS since they will want many apps to run on their platform).

    11. Re:Breaking up is by far the best solution by Blackjax · · Score: 1

      I agree with all your points but I think you left out or failed to emphasize the most important one.

      Microsoft uses Office (and to a lesser extent some of the other apps) to continually reinforce its grip on the OS market. Right now I sincerely doubt they would ever consider porting it to an operating system that might threaten theirs (Linux or BeOS)(MacOS is not a threat because it does not run on X86). If the applications division of the company is split from the OS portion, ports become a lot more likely. Any platform getting a port of something like Office will find itself getting some real respect as a windows alternative. Splitting the company may not be a perfect solution, but combined with the momentum that alternative OSs are beginning to build, it might be enough.


    12. Re:Breaking up is by far the best solution by Anonymous Coward · · Score: 0

      Ok, so what you're saying is that with NO monetary incentive to do so, a company is going to intentionally reduce it's cash-flow.

      Here's how it would really go. MS-Apps, now seperate from MS-OS and MS-Content does it's best to increase it's available market. (No more requiring or 'recommending' MSN for software support forums.) They see a fairly large (and growing) Linux user-base and port their apps to Linux, and (knowing they've got a pretty good head-start over anything else on that platform as far as functionality goes) maybe (just maybe) takes a small risk to garner some small support from the Open Source feeling by opening up their file format.

      As a result of the porting process, several obscure bugs are discovered and fixed on both platforms, and code can be cleaned up or re-written to be more consistent between versions.

      They now have a larger market in which to sell their software, and because they want to try to curry favor with the alternative OS crowds, they start out selling those versions (which sell relatively few units compared to the Win32 version) at a reduced cost.

    13. Re:Breaking up is by far the best solution by QuantumG · · Score: 1

      doesnt office run "perfectly" under wine? If this is the case, why isn't linux considered the operating system of choice by upper management types? (the guys with money who keep blowing it on Windoze).

      --
      How we know is more important than what we know.
    14. Re:Breaking up is by far the best solution by gozz · · Score: 1

      Each separate company would retain it's own intellectual property [...] There is no way in hell any government is going to throw out hundreds of years of precedent simply because of the open source movement.

      Maybe this is something that needs to be concidered anyway ... ie, it's much more complex writing an app that will work under a given OS than making a phone that will work with other phones.

      --
      - gozz
  42. What if AOL? by Duxup · · Score: 2

    3 thoughts

    It should be noted that when Bell was one company they broke them up into the baby bells they had 3 parts too: One that handled selling phones, one that handled long distance, and one that handled local calls. Wait, that's not what they did, because that wouldn't have helped.
    To me this cure is worse than the disease. If this decision is ever implemented we may have to go through the same whole expencive deal again in a few years when they figure out that it didn't work as planned.

    A horrible thought:
    If AOL becomes as big as it wishes to with the Time Warner deal . . . what would happen if they bought one of the three companies?

    The following gets mentioned allot but I'll toss it on anyway as well.
    If I were M$ I'd just up and threaten move to Canada or somewhere that wants the piles of tax dollars and well paid workers they create.

  43. How Long ? by jmoo · · Score: 1

    Even if this is the action that the government takes, just how long will it take to be implemented? You can be sure Microsoft will fight this to the bitter end.

    I'm not an expert on these things but I could easily see this taking 1-2 years to completely break up the company. With the last two years being tied up in the anti-trust case already we are looking at 4 years to get a result from actions taken be Microsoft even earlier. That is an eternity in the computer industry. So what good is this break-up so long after the fact?

    --
    The world isn't run by weapons anymore, or energy, or money. It's run by little ones and zeroes, little bits of data.
    1. Re:How Long ? by Chas · · Score: 2

      Depending on how long Microsoft can strech out the appeals process. I could easily be nearing retirement age by the time any such breakup happens. Personally, I think that a breakup would be the worst of a bad set of options.


      Chas - The one, the only.
      THANK GOD!!!

      --


      Chas - The one, the only.
      THANK GOD!!!
    2. Re:How Long ? by shub · · Score: 1

      The advantage is that it slows them down. They have to contend with the lawsuits of the "permatemp" employees. They have to contend with the rebates being offered and redeemed at full retail prices. They have to continue to try to do business, while they've got this monkey on their back. They may be completely OBE (overtaken by events) by the time the break-up is final, but would they have been OBE if the suit hadn't been filed in the first place? Sometimes the important thing is not the final outcome, but the path and time it took to get there, and the resources the other guy had to spend in the process.

      --
      Brad Knowles
      http://daily.daemonnews.org/ -- if you're not
    3. Re:How Long ? by shub · · Score: 1

      The advantage is that it slows them down.

      They have to contend with the lawsuits of the "permatemp" employees. They have to contend with the rebates being offered and redeemed at full retail prices. They have to continue to try to do business, while they've got this monkey on their back.


      They may be completely OBE (overtaken by events) by the time the break-up is final, but would they have been OBE if the suit hadn't been filed in the first place?

      Sometimes the important thing is not the final outcome, but the path and time it took to get there, and the resources the other guy had to spend in the process.

      --
      Brad Knowles
      http://daily.daemonnews.org/ -- if you're not
  44. Think Baby Bells by Anonymous Coward · · Score: 0

    I think the spin off of the Baby Bells is a better analogy than the formation of Lucent. IIRC, Lucent is what used to be Bell Labs, spun off as a separate company (not under court order) to do research _for a profit_. The Baby Bells were spun off under court order, and for better or worse, they are definitely not beholden unto AT&T.

  45. Windows is not software! by MattMann · · Score: 1

    It said right in the article, "Windows in one company, software in another," which endorses what so many have said before. Just like a biological virus does not have enough parts to be considered "alive", Microsoft Windows does not have enough of what it would need to be considered "software" :)

  46. A split-MS will benefit from this by Corion · · Score: 1

    You realize that, if MS is split for example into a "customer" and a "professional" section (with Win98 being in the "customer" and NT being in the "professional" section), MS would benefit from that solution very well ?

    Linux and many other OSes suffer very hard from neither drivers nor support nor documentation being readily available (that is, in printed form when you buy your computer), since there simply is no "central" place for drivers, support or documentation. This burden of "availability" would lie with the single, preinstalled distribution, which would have to offer (solid) drivers, support and (solid, printed, native-language) documentation - three things which are not easily obtained in the Linux world and which drive up the "free" cost of preinstalled Linux (or we get the phenomenon of illegal copies of Linux (support)).

    Your requirements are an interesting proposal, since it would open up the interoperability between every software, but I guess that this wouldn't work very well, since the Microsoft Office file formats are more or less documented (they are OLE streams of objects streamed to disk), but this dosen't make loading something from such a file easier, since you don't have the code to the OLE object stored. So a solution like this would also mean that all code must be opened, something which I don't think would be beneficial to commercial programming.

    -max

    --
    Premier argument to install Linux at the workplace - I get paid while waiting for fsck to scan the partitions.
    1. Re:A split-MS will benefit from this by Anonymous Coward · · Score: 0

      Actually, there are several places for centralized driver support information. Occasionally, you can even seek support with the vendor of the particular piece of hardware (3dfx, creative labs, linksys, mylex).

      Beyond the default support given to Win9x, the situation really isn't as different with Linux as you make it out to be.

      You're proceeding from the false notion that Win9x support outside of the 3rd parties is any more 'solid'.

      Besides, I'd rather use a driver written by Becker than one written by 3com any day...

  47. Please stop by Anonymous Coward · · Score: 0
    Buddy, although you think this is amusing. Please stop posting on to real content in the thread. I don't think anyone really minds that you post with the trolls, but keep it at the bottom, not up here.

    Thanks

  48. Breakup and stocks by Jade · · Score: 1

    While in theory I like the idea of wanting to do *something* to stop Microsoft's behavior, the actual way to do it is a difficult thing to think about. The breakup idea has been floating around for a while, and the most common comparison is to the breakup of the Bell System.

    Now, my dad was an AT&T employee for 30 or so years until his recent retirement. I was young when it happened, but I remember him explaining to me how it was cool because each share of stock he had got him one share in EACH of the Baby Bells. Perhaps someone could find an online reference to this to verify this, since I'm only going from memory?

    If the same thing happens with Microsoft, then all those shareholders will suddenly triple the shares they own. Is that such a good idea?

  49. Re:School House Rock....Back By Popular Demand by Anonymous Coward · · Score: 0
    Your not even close to being one of the creative trolls.

    Asshole

  50. What would stop the Office division? by xtremex · · Score: 1

    Wouldn't it make sense that the Office Products division will STILL work closely with the OS division?
    I mean, come on. You know that the principals of all the companies will be the same people who worked together previously.

    --
    If you're not a Liberal in your 20's, then you have no heart.If you're still a Liberal in your 30's you have no brain.
    1. Re:What would stop the Office division? by Jonathan+the+Nerd · · Score: 1
      Wouldn't it make sense that the Office Products division will STILL work closely with the OS division? I mean, come on. You know that the principals of all the companies will be the same people who worked together previously

      I'm fairly sure the government would prevent collusion between the resulting companies. Besides, the Office division would be able to sell to a larger market if they ported Office to non-Windows platforms, and I'd say the thought of more money would override any residual feelings of loyalty.

      --
      Disclaimer: The opinions expressed are not necessarily my own, as I've not yet had my medication today.
    2. Re:What would stop the Office division? by Anonymous Coward · · Score: 0

      Both Corel and Lotus work with the Windows people at Microsoft. So the answer is yes, but they need to go through the same formal channels others do.

  51. What's to stop collusion between baby MSes? by WhiskeyJack · · Score: 2

    Okay, a breakup might hamper Microsoft's attempts to use Windows as leverage to dominate new markets (like the Web)...but only if there's a mechanism put in place to prevent collusion between the newly created companies. Without some kind of preventation measures in place, the split would be ineffectual at best.

    -- WhiskeyJack

  52. Re:On Karma by Anonymous Coward · · Score: 0

    just read it man! that was by far the best song yet. freaking hilarious man :) keep 'em going.

    MICK, THE FIRST POST MASTAH

  53. I hate to say this .... by Hephaestus_Lee · · Score: 1

    I hate to say this, but the governmet really shouldn't be breaking up microsoft. Any monopoly microsoft does have is a monopoly given to them by the US government, via patent laws. And as much as I don't like the law, it is still the law, and a court has too follow it. If government can break up microsoft, then they invalidate all patent laws by showing that having a patent is a monopoly.

    --
    "[Y]our wise men don't know how it feels to be thick as a brick." -- Ian Anderson
    1. Re:I hate to say this .... by Anonymous Coward · · Score: 0

      Hephaestus_Lee "[Y]our wisemen don't know what its like to be thick as a brick" -- Ian Anderson

      That should be "And your wisemen don't know how it feels to be thick as a brick."

      (Or really, "fee-ee-ee-ee-ee-ee-ee-ee-ee-eels". :-) )

    2. Re:I hate to say this .... by Anonymous Coward · · Score: 0
      I think I'm confused. As has been pointed out before being a monopoly is not illegal, nor is it the case in point.

      Nor is the government taking away any patents that Microsoft holds.

      In essense breaking up Microsoft is the US Govt saying "We let you become a monopoly by having a good product. However, abusing monopoly power is illegal and we - acting for the welfare of the citizens of the USA - are going to prevent you from continuing to do so by whatever means necessary."

  54. Re:telco competition...musings by beagle · · Score: 1
    we in the US will soon see competition for local phone service.

    Eventually. Soon is, of course, a relative term. I cannot wait for my local telco to have competition. I can't stand that company - they charge too much, their product offerings are crap, and their customer service is the pits.

    Local number portability - my ass. SHOW me another telco to which my number is portable! There's no competition - and it SUCKS!

  55. Ok I see 3 Problems with this by GW+Hayduke · · Score: 5

    First of all, as stated above, Dividing M$ is like attacking various oozes and slimes in the D&D world, Physically attacking them only divides them further in which each part then becomes another formidible entity which you then have to fight.

    Secondly,
    As I see constantly in my line of work (ISP) The masses still think that Microsoft is the only answer.. yeah there are quite a few mac-heads, and the occasional Linux user around, but given the "choice" more people are heading towards Microsoft.. Reason? PLACEMENT, I live in a rural area where most people do their "technological" shopping at Wal-mart/Ames/K-mart what have you, and are easily swayed by cheap costs and what the salespeople are pushing at them.. including computers that have shoddy parts (i.e. Rockwell HCF 56K modems with drivers in them from 8 months ago) and even less technical support.. But they don't look for that, they see the ads on TV showing sharks swimming from the screen and how it's going to raise your kids IQ from cro-magnon level to rival Stephan Hawking, then give my staff and I shit about how pages aren't loading quick enough at a 26.4 connection.

    3. What about updating their shoddy code??? Does that mean that people are now going to have to even search THAT much harder to find updates to their MS products (see #2)

    Don't get me wrong, I'm doing the dance of joy for the breakup of M$, I'm just a little leery (no not Denis) of what the future holds for us.....
    C'mon B.G. is so used to falling face first in feces and come up smiling and fresh as a daisy he makes the other Bill (Clinton) pale in comparison.

    ok ok moderate me down now, Im through venting... Thanks all

    --
    -- Life: Hate the Game... Love the cereal
    1. Re:Ok I see 3 Problems with this by Mark+F.+Komarinski · · Score: 1

      In response to #1, the DoJ would have to make sure that there be no secret agreements. Remember, the reason that MS got to where it is now was by creating secret APIs that only they knew about. WordPerfect and Lotus were out of luck getting access to those. Any future APIs would have to be shared between MSApps and its competitors.

      #2: Sure people buy computers at WalMart. They buy stereos there too. And some of us know quality and buy our stereos at Cambridge Soundworks. And some of us buy our computers (and OS's) at higher-quality stores because we know the difference.

      #3: I think my answer to #1 will help with the shoddy code bit. It'll still be shoddy, but might force MS to redesign their interface. Heck, maybe they'll think about "kernel space" and "user space" and start using loadable modules *gasp*.

      --
      -- Ever notice that fast-burning fuse looks exactly the same as slow-burning fuse? I didn't... (Edgar Montrose)
    2. Re:Ok I see 3 Problems with this by G27+Radio · · Score: 2

      Don't get me wrong, I'm doing the dance of joy for the breakup of M$, I'm just a little leery (no not Denis) of what the future holds for us.....C'mon B.G. is so used to falling face first in feces and come up smiling and fresh as a daisy he makes the other Bill (Clinton) pale in comparison.

      I think that's a wise observation. BG certainly does have a way of turning things around. BTW, I'm not sure how many of you guys have had the opportunity to take Win2k for a spin--Microsoft hasn't exactly been sitting on their hands when it comes to fixing their OS. Win2k is a decent improvement over NT, and a huge improvement over Win95/98. It still crashes plenty (probably due to the fact that I couldn't find a decent driver for my TNT2) but I think they've done a lot of work to keep themselves on the desktop for a couple more years.

      In other words people, don't get too comfortable with the idea that Microsoft is only capable of producing crappy bloatware. When they have competition they seem to be able to escape this mode--at least for as long as it takes to kill the competition. Just a thought...

      numb

    3. Re:Ok I see 3 Problems with this by Otis_INF · · Score: 1

      1) You assume there are secret api's. Which one? can you name them? 'no they are secret'. Ah. It's a rumour, those api's. Fact is, WP and other companies could have used the api's which were THERE to write the code they wanted, so what's the big deal. It's MS fault the programs didn't work?

      2) you say:

      : I think my answer to #1 will help with the shoddy code bit. It'll still be shoddy, but might force MS to redesign their interface. Heck, maybe they'll think about "kernel space" and "user space" and start using loadable modules *gasp*.

      Did you ever saw large snaps of Microsoft code? Was it representative code so you could conclude it's 'shoddy' ??? I bet you haven't. And to refresh YOUR mind: does 'dll' mean anything to you? or COM? or ring0, ring3? Apparantly you think MS' operating systems like NT or windows2000 are Dosshells in realmode, using 1 big block of code?

      Perhaps a rant, offtopic flamebait or whatever, but throwing mud at people or companies with 'facts' proven by your own lack of knowledge is not the right way to discuss serious matters like the split up of the biggest company in the world. It will have an enormous inpact on the economy and the ICT sector. I'm not going to start an essay here about if it's good or bad, or right or wrong. All I can say is that most people laughing about the split up of Microsoft are not thinking further about the impact it will have on the majority of computerusers, namely joe anonymous who DOES buy his PC at a store you and I won't even buy a CDwritable. The more it all will be split up, IMHO the more it won't work together like it works today. Perhaps you in your basement full with pdp-11's won't care about this, but again, the average user will, and more important: the companies who use ICT to communicate with this user and are relying on that user for their business.

      --
      Never underestimate the relief of true separation of Religion and State.
    4. Re:Ok I see 3 Problems with this by Mark+F.+Komarinski · · Score: 1

      The design of Windows is flawed. There's no denying it. The biggest example is putting the video drivers in kernel space. A problem with a flawed video driver will crash the entire system. At least Linux sticks this in user space, so if X crashes, the system is still usable. How about the fun with NT 4.0, SP3/4/5/6. Has anyone installed SP6 out there and still running? That points to shoddy code and shoddier QA.

      In regards to the secret APIs, they're fairly well known too. I know I'd do it. What better way to corner the market? There's nothing illegal about that, AFAIAC.

      DLLs are flawed as well. Gosh, the number of times I've had DLL errors. They're dynamic, unless they stick in memory (and usually do) and take up memory until I reboot. Too bad there's no convenient way to version number DLLs too, otherwise, AppA would realize that AppB already installed MSFOO.DLL and not overwrite it with an older version.

      I'm not a coder. I have not looked at MS code. But from a user end, it need some serious work to compete technically with a finely-crafted UNIX.

      --
      -- Ever notice that fast-burning fuse looks exactly the same as slow-burning fuse? I didn't... (Edgar Montrose)
    5. Re:Ok I see 3 Problems with this by GeoShine · · Score: 1

      Hey Mark,

      Good to see some intelligent life out there. To further respond...


      Yes, I have seen the NT source tree. Know what? Its one big flogging mess of files with very little cohesive structure. Has M$ had good ideas about how to architect their OS? Sure. Have they been entirely forthcoming in the development community about these ideas? Hell no. You want an example? Sure. OLE. How long was it that the shelf version of Office was sporting OLE before the API was released? Hmm, as I recall... about 6 months. Is that a competitive advantage? You betcha.


      To further this topic a bit more... I'd say that ultimately, M$ isn't really going to be too crushed to be broken up. One stock becomes three, each with their own performance metrics and growth patterns which (imho) will ultimately make sure their execs are even more wealthy.


      I think we'll see the biggest change in the development community. Everyone will suddenly be on level ground for developing to the Win32 platform, whatever form it eventually settles into.


      What I'm curious about is how they're going to treat branding. Are they going to still have the M$ name on things, but with a 'division' to go along with it? M$ Hardware ... M$ OS Group, M$ Software, M$ Internet, etc....


      Anyway, I've gone on long enough. And yes, Enry ... this is the Geo you know.


      Cheers.

      --
      : "I abort and kill -9 him in my caffeine dream" - fridge code
    6. Re:Ok I see 3 Problems with this by spectecjr · · Score: 3

      You start with this:
      DLLs are flawed as well. Gosh, the number of times I've had DLL errors. They're dynamic, unless they stick in memory (and usually do) and take up memory until I reboot. Too bad there's no convenient way to version number DLLs too, otherwise, AppA would realize that AppB already installed MSFOO.DLL and not overwrite it with an older version.

      And then, go on to say this:
      I'm not a coder. I have not looked at MS code. But from a user end, it need some serious work to compete technically with a finely-crafted UNIX.

      Which says it all. You know why AppA overwrites AppB's dll? Shoddy installation script authors, that's why. DLLs under Windows have versioning mechanisms up the wazoo (they're just not part of the filename). However, if you don't use them, you'll get problems.

      For the record, MS has fixed this with Win2K and the MS Installer, which debuted in Office 2000. If your installer doesn't meet the criteria, you can't get your "made for Windows 2000" sticker.

      As for this:
      In regards to the secret APIs, they're fairly well known too. I know I'd do it. What better way to corner the market? There's nothing illegal about that, AFAIAC.

      I'll remind you of your statement:
      I'm not a coder. I have not looked at MS code.

      Tell me one thing that MS coded up that someone from Corel/Wordperfect/Lotus couldn't - that runs under Windows - and I'll show you an incompetent Corel/Wordperfect/Lotus developer.

      Simon

      --
      Coming soon - pyrogyra
    7. Re:Ok I see 3 Problems with this by Mark+F.+Komarinski · · Score: 1

      I rely on people like my buddy Geo to take a look at the code. While I'm not a coder, I know people who are and have looked at it.

      You didn't seem to address my point of shoddy QA, or the NT SP 3/4/5/6 issue. Those are both squarely in the domain of what MS can fix. And with regards to versioning of DLLs, you mean it took Microsoft almost 6 YEARS to tell people "hey, your versioning is off, you aughta fix that". I mean, why bother with a WHQL or the "Made for Windows95" program at all? I've seen WHQL testing. You'd think they would take a look at the driver and make sure the installer doesn't squash other drivers in the process.

      Windows 2000 *may* be better. Well, they've got some competition now that they can't squash under their thumb, and finally a reason to do things better. All hail a free marketplace (finally).

      --
      -- Ever notice that fast-burning fuse looks exactly the same as slow-burning fuse? I didn't... (Edgar Montrose)
    8. Re:Ok I see 3 Problems with this by Anonymous Coward · · Score: 0
      In other words people, don't get too comfortable with the idea that Microsoft is only capable of producing crappy bloatware. When they have competition they seem to be able to escape this mode--at least for as long as it takes to kill the competition. Just a thought...

      Agreed. The simple truth is that IE is overall a better piece of software than Netscape - it's faster to load, faster to render pages, and feels less bloated overall. If MS starts facing real competition in all sectors, they'll also start making real improvements in all sectors.

      I'm not entirely certain that splitting MS will force the office suite people to face real competition, though - file formats are a big issue. Part of the reason that Netscape was able to pose a real challenge to IE was that MS doesn't control the HTML standard. No widely accepted standard exists for word processor or spreadsheet documents, other than the most trivial rich text and comma-seperated-value formats.

    9. Re:Ok I see 3 Problems with this by GeoShine · · Score: 1
      Just a quick comment... I'd like to apply what we're discussing to the future as opposed to present applications and programs...

      Agreed. The simple truth is that IE is overall a better piece of software than Netscape - it's faster to load, faster to render pages, and feels less bloated overall. If MS starts facing real competition in all sectors, they'll also start making real improvements in all sectors.

      You know something, you're right. But I would argue ... how did it get that way? As I recall, IE when it first came out was atrocious. The general behavior of the application wasn't stable, wasn't well integrated, etc, ad nauseum. Part of the reason it got to be better is because of the very nature of the monopolistic behavior this action is seeking to squash.

      Would IE have been able to compete if they
      • hadn't had virtually infinite funding to develop with?
      • Hadn't had access to the OS API's that they wouldn't give to Netscape?
      • Hadn't been able to push Netscape out of the browser market and force them to turn open source?

      Perhaps this is all a moot point to bring up, but my main point is... forget the browser market, forget the office suite, let's consider the applications that are going to establish new markets in the coming years. Suddenly, no more leverage, equal footing and funding, and no more monopolistic muscle to squash competition before it becomes a threat. Interesting concept, that.

      - Geo
      --
      : "I abort and kill -9 him in my caffeine dream" - fridge code
    10. Re:Ok I see 3 Problems with this by spectecjr · · Score: 2

      I rely on people like my buddy Geo to take a look at the code. While I'm not a coder, I know people who are and have looked at it.

      Well, perhaps your buddy Geo would care to testify in court as to the existance of "secret, hidden APIs" - after all, he should step forwards while MS is under the microsope - it'd let us destroy Microsoft once and for all, right!?

      You didn't seem to address my point of shoddy QA, or the NT SP 3/4/5/6 issue.

      Correct. I've never had a problem installing a service pack; others have. So I don't feel qualified to comment on that one.

      And with regards to versioning of DLLs, you mean it took Microsoft almost 6 YEARS to tell people "hey, your versioning is off, you aughta fix that". I mean, why bother with a WHQL or the "Made for Windows95" program at all? I've seen WHQL testing. You'd think they would take a look at the driver and make sure the installer doesn't squash other drivers in the process.

      The reason the WHQL guys don't test the installers for drivers? Well, this is perhaps because WHQL is the Windows Hardware Quality Lab - they're only concerned with the hardware, and testing Windows (not other apps) with it to make sure it works.

      And if the app has the MS seal of approval (Made for Win95), its installer does things right - it's all the apps that don't have that seal of approval that I'd be worried about. Besides - they've been telling people all along what to do to get it right. Now, instead of telling them what to do, they're only allowing them to do certain things. Win2K prevents programs from installing files into the system directory, for example, unless it uses a standard MSI install package, with complete rollback information... kinda handy.

      Very amusing to see the progress bar tick backwards when you decide to uninstall too :)

      Simon

      --
      Coming soon - pyrogyra
  56. Re: M$ breakup by lactose_intolerant · · Score: 1
    Windows '98 is probably close to a loss leader. At the very least it doesn't have the same margin as their application packages like Office.

    I don't think it's a loss leader. If it is bundled with 80-90% (a guess) of the PCs sold, they're raking in quite a lot of money. Add to that the cost of upgrades, and they get more moola.

  57. MS Hardware IS good by Smack · · Score: 1

    Gotta agree on this one. I've bought a lot of MS hardware, and it's always been on merit, not because of their monopoly power. They make nice joysticks, nice keyboards, and nice mouses. Anyone who can't see that is just blinded by their random MS-hating fury.

  58. How to define "OS"? by gpw · · Score: 1

    How are they going to define an OS in such a way that the OS mini-Bill can't start writing applications and thereby recreate the problem of an application house with an insiders knowledge?

  59. ... secret alliances=breakup only in name? by rsborg · · Score: 1

    Excuse my innocence but:
    How the hell do you keep these companies from collaborrating secretly? As we all know, the internet as a communications medium routes around roadblocks like censorship, so how can we be sure that these new companies don't still operate under one M$ board of control?

    And how the hell do you strip the internet access out of the applications?

    Methinks this solution is not feasible

    --
    Make sure everyone's vote counts: Verified Voting
    1. Re:... secret alliances=breakup only in name? by CodeShark · · Score: 2
      "How the hell do you keep these companies from collaborrating secretly?"

      Well, in the early going I would expect them to try, but I would not expect it to last very long. Here's why: in order to collaborate, company A has to sign legal papers with company B. This partnership deal says that A will give b access to the OS-API in return for .... (fill in the blank). Or that A will give b (fill in the blank) in return for the nifty new code developed by the Apps group.

      Doesn't seem problematic until you try to fill in the blanks.One way or the other, whatever is being given or traded has to maximize profits for both A and B. Why? because if the agreement doesn't do that, any shareholder of even just one share of either company can sue both for collusion against that shareholder's interest in obtaining a profit on their investment in company stock.

      Now can you see how the threat of multiple class action lawsuits might keep this kind of collusion from happening?

      --
      ...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...
    2. Re:... secret alliances=breakup only in name? by rsborg · · Score: 1
      Here's why: in order to collaborate, company A has to sign legal papers with company B.

      Uh... how is this secret? I mean, billg@mswindows.com sends a nice encrypted mail (or other secure, untraceable communications medium) to some exec@msinternet.com and ...

      basically keeping everything under the table. Of course, neither has any assurance that the other will comply, but they've been on the same team for X years already...

      --
      Make sure everyone's vote counts: Verified Voting
    3. Re:... secret alliances=breakup only in name? by CodeShark · · Score: 1
      So Bill sends his email, company A cuts a special deal, and B fails to maximize profit. So stockholders in B can still sue. Lawyers supoena the emails (like in this DOJ case), and Mr. Bill now risks huge fines and/or jail time.

      Mighty effective reason not to do so, yes?

      --
      ...Open Source isn't the only answer -- but it's almost always a better value than the alternatives...
  60. MS is no longer a threat! by tech81 · · Score: 1

    With the new merger of AOL and Time Warner, Microsoft is no threat at all! It makes no sense to break it up, when the new AOL-Time Warner company would have the power to rule the world!

    1. Re:MS is no longer a threat! by Anonymous Coward · · Score: 0

      Time Warner had a chance to defeat Microsoft when they owned Atari. They could have turned AtariDOS into the monster that Windows is today.

      Combined with Netscape and the AOL Client, a patented open source version of AtariDOS would have been unstoppable.

      Unfortunately, it didn't happen that way, so now AOL Time Warner is secretly working on a version undistribable version of AOL/BSD with a KDE shell. The only purpose of this will be to piss off people who read slashdot.

  61. The Other Side of the Coin... by Cygnus+v1 · · Score: 1

    The comments that this proposal would create two or three "Baby Bills" with instant monopolies is one extreme, and may be true for a time. However, breaking the financial/managerial/intellectual-property relationship between the OS and applications groups should stimulate the development or porting of MS applications to non-MS platforms. Why wouldn't the president of the MS Applications Company want to make their products available for as many environments as they could support?

    --
    ---- Politics: Kissing ass and pointing blames.
  62. What we need: published network protocols & files by Anonymous Coward · · Score: 2


    The only thing that can help the industry is open
    standards - Microsoft must be forced to publish
    all Network Protocols, file formats, and API's;
    and must be prohibited from making any agreements
    along the lines of per-processor licensing.

    If this is done, Microsoft will still be free to
    innovate as much as they would like; and the only
    way to continue to dominate would be to create
    the best software.

    Breaking one horizontal monopoly into 3 horizontal
    monopolies will change nothing... Windows, IE,
    and MS Office will still be the only game in town.





  63. MS, DOJ and Open Source Community by andrewcb · · Score: 2

    From reading through most of the discussion so far, quite a few people have said that if this breakup were to occur, then MS would magically start porting stuff to linux.

    My initial reactions to this were:
    1) Why would they want to port products to another operating system when:
    a) they wouldn't release them for free
    b) they wouldn't release the source code

    In my opinion, Microsoft was setup as a commercial entity, so they could make money (putting it very bluntly) - by doing what quite a few people here think would happen (open sourcing code, free for all MS products) would ruin what they have built up over the years.

    I'm not saying that's a good thing or a bad thing. I'm not pro-MS or anti-MS, I choose to use MS products on a daily basis, in the same manner that I choose to use FreeBSD, NetBSD and some forms of Linux day to day.

    If they are _forced_ to release code, then they snip bits out, make it look the same, to the rest of the world it looks the same, and has nfi about it at all.

    ---
    acb ON slashnet

    --
    --- acb!irc.slashnet.org
    1. Re:MS, DOJ and Open Source Community by Anonymous Coward · · Score: 0

      They don't need to release products under the GPL in order to release products which run under (over? {8^) Linux.

      The motive for such an act would be an increase in their products' sales volumes. A secondary motive would be exploitation of the current "Linux Hype".

      Currently, applications are not released for Linux because that would be the final straw in making Linux a serious desktop OS threat (as opposed to merely a server OS threat). A breakup of the OS and application vendors eliminates that as a motive of the application vendor.

    2. Re:MS, DOJ and Open Source Community by spitzak · · Score: 1
      I very much doubt anybody here thinks that a port of an MS product from one of these baby Bills will include source code.

      And if you think porting to Linux requires releasing the source code, you are either a total ignoramous, or this is flamebait.

  64. Facinating response by Yaruar · · Score: 2

    I find it interesting following the recent vitriol surround privacy, freedom and the rights of people needing to be maintained under the state that people actually advocate the forcing of a private (well, shareholder owned anyway) company to be fragmented by the government. So freedom is only the right of certain circumstances. Anyway on another note entirely, this isn't really going to change anything. Short of appointing government senctioned overseers and managers the company will still be able to continue to develope integrated products to a centralised strategy with monopoly control over tehir areas. In fact it may even strenghten MS's control over those markets, as although there will be a splitting of capital they will still dominate and will be able to focus more clearly on their individual tasks. Creating 3 seperate pseudo-monopolies will still elave them with market share. The only real answer is promotion of alternatives and looking at why the previous competitors failed whilst MS was slowly gaining it's dominance and trying to not make the same mistakes. + monopoly regulation is a bit of a non starter in gereral, it's only real power is stopping mergers, although in the UK the MMC is one of the most useless organisations of it's kind...

    --
    Working for the (other) man
    1. Re:Facinating response by jafac · · Score: 1

      My point exactly!

      Leave the company alone!

      Find the illegal behavior, isolate it, find out who did it (which individuals), put them behind bars!

      Naughty children need to be spanked!

      Then put a mechanism of trust in place, so that the behavior of the company can be more closely monitored, and illegal behavior can be stopped before it damages the computer industry further.

      With such deterrence, we can regain all the benefits of a strong competitor and corporate entity like Microsoft, and we lose all the negative aspects, like the raping of the market, and strongarm tactics against smaller competitors. Others will be able to enter the market, and compete. . . anybody else see the world in color today, instead of black and white?

      I wish I had a nickel for every time someone said "Information wants to be free".

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  65. Not just office by grubby · · Score: 1

    What about NT server and all of its licensing... I would say that is where a great deal of the micro$oft revenue comes from.

  66. Future of the OS and Browser Integration by Anonymous Coward · · Score: 0

    I noticed that a lot of you people have said that the browser and os could not be integrated with each other. Well, did you all forget about software licensing? They could still license the browser and still integrate it into the OS. After all, they did it with scandisk and defrag (both written by Symantec) Who says that the 3 companies can not work together and share code, etc. I think the breakup will have little or no effect on Microsoft (and the others). It will just make 3 very powerful companies instead of 1.

  67. Local Portability by 348 · · Score: 1
    Local portability?

    Lot of it. MCI's Metro, BAN's service in NY state, Frontier in the Northeast, Qwest in the US west 14 states, Cavalier and GTE in the south.

    The LD stand is that even though in spirit the little bell bast*rds have "on paper" opened up the market to local, there is still a lot of stonewalling.

    Things like a local customer wanting to change and the BOCs "accidentally" mis routing the order etc. In most cases it takes over 3 mos to get a number switched, even if the local number portability is there.

    --

    More race stuff in one place,
    than any one place on the net.

    1. Re:Local Portability by beagle · · Score: 1

      I was referring to portability in my area - BellSouth area in the southeast. BellSouth hasn't opened their markets yet, but they still charge me that damn Local Number Portability charge. As a good friend of mine says, "what EVER." I have no option but BellSouth, unless I want mobile only...

  68. A Few ScenesI'd Like To See... by Anonymous Coward · · Score: 0

    Let's all face it the damage is already done. Breaking M$ up into 3 companies isn't going to undo anything. Here's what I'd like to see. The villians do real hard time. What true geek wouldn't get wood seeing M$'s corporate heads being lead off in prison overalls? Oh on the 6o'clock news even, yeah. The DOJ should get to the bottom of who the ringleaders are, and make them pay with jail time! While real penalties are being levied how about serious fines? Stuff these fat cats won't shrug off. Total liquidation of the company's assets, and the assets of all the guilty parties. The sum total to be used to pay off the shareholders and product customers at a percentage on the dollar. Of course after accounting overhead, taxpayers should not be burdened, there will be losage. The victims should be recompensated, to whatever extent possible. Just like with other computer criminals as a condition of their eventual parole (sometime after all of hell freezes over :) make these convicted felons stay away from computers for a prescribed period of time. Maybe their natural life and 99 years, that sounds about right to me. Make these bastards wish they'd never been born. Then nationalize what's left of the company. That's right have the government step in and take total total control of the company's assets. There being no cash left this would mean the software base. They did it with NYC subways, and whorehouses, why not M$? I mean how far is M$ from a cross between a whorehouse and a subway? I say adopt a scorch and burn policy, destroy the evil empire entirely. The courts are used to ruling harsh verdicts as an example, because they know they can not afford to capture and convict every felon. A powerful message needs to be sent to anyone that believes they can make a mockery of the court system. I want to see some action that speaks tough on crime! Muwahaha

    Hey I can dream can't I?
    I have 2 other accounts but I like my AC account the best!

    If you steal $10 you're a thief, if you extort 100 billion dollars you're an "innovator"

    1. Re:A Few ScenesI'd Like To See... by Anonymous Coward · · Score: 0
      Make an example of Bill.

      Send him to Rikers Island for 40 years

      Put him in charge of administering their Exchange server.

  69. Forcing Open Source is Stealing... by xtremex · · Score: 1

    While I would LOVE Windows source to be open..as a rational person, I think that if the gov forces the openness of Windows, that basically is stealing...the government can't take your product from you..and basically forcing Windows to be open..isn't that stealing? Correct me if I'm wrong..I'm sometimes known to be wrong..but not often

    --
    If you're not a Liberal in your 20's, then you have no heart.If you're still a Liberal in your 30's you have no brain.
    1. Re:Forcing Open Source is Stealing... by Anonymous Coward · · Score: 0

      So? They were stealing from the public with their predatory monopolist actions that were definitely not in interest of the consumer.

    2. Re:Forcing Open Source is Stealing... by coredog · · Score: 1

      The previous poster wasn't suggesting opening the source, only publishing the APIs.

      You know, like the 600K+ Win32API.txt document that MS allows people to use royalty free.

      What, you mean the API is already public?

      Note: I don't want to hear jack about any API function that starts with zw...

      --
      Do anal-retentive people hyphenate 'anal retentive'?
  70. Re: M$ breakup by Foogle · · Score: 1
    Who says that the OS-company would get the Browser. Seeing as how the DOJ focused on how the Browser *could* be removed from the OS, that they would be more inclined to place Internet Explorer as one of Microsoft's Office Products. Then again, I really don't know what I'm talking about ;)

    -----------

    "You can't shake the Devil's hand and say you're only kidding."

  71. Thanks :) by RPoet · · Score: 1

    I stand corrected. Although I still can't see how a monopoly could be for the better of people. :)

    --
    "Oppression and harassment is a small price to pay to live in the land of the free." -- Montgomery Burns.
    1. Re:Thanks :) by Anonymous Coward · · Score: 0

      Sometimes standards in certain industries are better. Anyway, having a marketplace based on free enterprise means that we have the right to do whatever we want, as long as we do not use unfair business practices to stifle competition or illegally leverage their size or market share to create barriers to entry.

      Of course there is a difference between natural monopolies and those gained by other means, but I'm sure you get the drift.

      What I find funny, is that most Americans have forgot their history. This country was built on open defiance of British government AND opressive and incredibly large British companies. How many times do we learn of the Boston tea party in school?

      Oh well, I guess the blind majority is doomed to repeat history.

    2. Re:Thanks :) by Anonymous Coward · · Score: 0

      That country was built on genocide of the indigenous population, rather than any backlash against the British.

  72. Monopolies by Anonymous Coward · · Score: 0

    Once upon a time there was a company named United Aircraft. They owned Pratt&Whitney, who made the engines for the planes, they owned United Aircraft, who put the people on the planes and flew them around, and they owned a large stake in Boeing. They were broken up in the very same manner as is being proposed for MS. They were considered to be a 'Vertical' monopoly. MS comes very close to this idea, especially now with the rise in MS content production. Why would you want to split up MS? I would want to split it up simply because for far too long MS software has had inside access to MS OSes. Borland complained about this for a long time. How about all those data transfers back to Redmond; remember when Win95 came out? What attempt their attempt to coopt java? This isn't product innovation, this is divide and conquer. Face it, above and beyond the monopoly question, the have clearly and consistently engaged in unfair business practices.

  73. THAT'S GOING IN YOUR FILE by Anonymous Coward · · Score: 0

    Your IP address has been logged. The Committee has taken custody of your children. Appear this afternoon for your hearing and urine tests.

    -The Mgt.

  74. Microsoft has never paid dividends by BonzoDog · · Score: 1

    ..and as far as I know, they can't be negative ;-)

  75. Breakup is the worst of a bad set of options by Chas · · Score: 4

    Now, instead of one large company to oversee, we have three, slightly smaller companies. Each with a dominance in certain market. The government will have to work three times as hard simply to prevent collusion between the three companies, if such prevention is possible.

    Failing in this, you've just given the Microsoft Companies (the baby bills) another weapon/smoke screen to fight lawsuits and anti-trust hearings. Basically each of the three baby bills can sit there and say, we have an exclusive licensing agreement to do such and such with this other baby bill. The only thing that'll change are some accounting practices. Departmental budgeting will simply be replaced by contracts, agreements, licensing, etc.

    Microsoft OS corporation will simply produce the OS (and possibly the browser, as the product now seems pretty irrevocably tied into file management for the system). Now they'll have a good reason to charge more for their OS (we don't get subsidies from the other departments we used to have). Plus they'll be getting subsidies from the other baby bills for licensing agreements relevant to the OS API hooks, etc.

    Microsoft Applications corporation will continue to produce the dominant apps for the Windows platform, as they have had access to the Windows API from Day 1. And can continue to have access to the API through licensing. Apps will become more expensive due to the "we're not subsidized by the other divisions" excuse as well.

    Microsoft Online Business corporation will, possibly, be hurt by the breakup, though the lucrative contracts from MSN, MSNBC, and their various other online initiatives will probably keep them easily in the black, since a meatspace presence isn't required for them to stay profitable. Their main competition would be Time-Warner-AOL. Even still, with their close ties to the other baby bills, they can easily leverage themselves in the market.

    Simply splitting the markets up doesn't necessarily change public perception. Microsoft will still be Microsoft.

    Take a look at phone service. Many people still look at it as "from THE phone company", even though their bills are separate and itemized.

    Personally, I'm in favor of them opening up their API's to review, even if it comes with a license barring duplication. Companies would be able to build better products, and Microsoft would benefit from people reviewing their code and possibly improving it. The customers would benefit from better products and a wider range of highly optimized products.


    Chas - The one, the only.
    THANK GOD!!!

    --


    Chas - The one, the only.
    THANK GOD!!!
    1. Re:Breakup is the worst of a bad set of options by WillAffleck · · Score: 2

      I think you're correct that it would be worse. Also, nothing would prevent them from just happening to choose to use the standards of the other Baby Bills, especially if they're all owned by the same people.

      Be careful what you ask for, you might get it.

      Now, restrictions on separate pricings other than those published to the public (e.g. volume discounts), requirements to publish all APIs to all requestors for a reasonable license, and cancellation of NDA requirements for contract specifics unrelated to technical data ... these might do some good.

      --
      Will in Seattle
    2. Re:Breakup is the worst of a bad set of options by jafac · · Score: 1

      However, Microsoft will then be unable to give away IE for free. That will be major. It will rekindle the browser wars, and Mozilla just might have a chance then. . .

      I wish I had a nickel for every time someone said "Information wants to be free".

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    3. Re:Breakup is the worst of a bad set of options by Chas · · Score: 2

      How will a baby bill be unable to distribute IE for free?


      Chas - The one, the only.
      THANK GOD!!!

      --


      Chas - The one, the only.
      THANK GOD!!!
    4. Re:Breakup is the worst of a bad set of options by jafac · · Score: 1

      development of IE will cost bux. Without Win95 revenues, Baby Bill won't be able to finance it.

      I wish I had a nickel for every time someone said "Information wants to be free".

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  76. Break up is the answer, but not this! by Cody+Hatch · · Score: 1

    It's simple really. Competition is good, right? Sure! So what any solution needs is to either increase the number of competitors, or decrease the ability of the competitors to utilize non-competitive practices.

    The second solution is difficult, and not likely to have a good outcome, since it requires someone to take a proactive role in regulating things. None of want that, I'm sure.

    The first solution is great. We need more competitors, so we simply create them by fiat. How? By breaking Microsoft into pieces. "Baby Bills", I think someone called them. But the key here is they must compete!

    Microsoft should be broken into 4-6 competing companies (plus 1 or 2 small ones for the Hardware and Publishing devisions), all with a license to the source code for the core stuff--the programs and OS. The API's would also be published, of course.

    All of a sudden you've got lots of companies, all of which are competing. They HAVE to differentiate themselves or die, and price is the easiest. (Boom, prices come down). But all of the Baby Bills can do THAT, so next up is features. And since there won't be a monopoly any more, it's even likely one of the Baby Bills will have the bright idea of heading open source to some degree as a means of upstaging it's rivals.

    And THAT is the optimum outcome. Whether you think it likely or not, it's gotta be better than splitting the Microsoft monopoly into lots of little ones. That tactic has been tried before...

  77. Why didn't microsoft think of this by Anonymous Coward · · Score: 0

    I am surprised that Microsoft didn't think of this earlier. The best way to buy AT&T is to have a separate Internet division - as a separate company - so no conflict of interest.
    Three different companies coordinating their best efforts (actually it would become two if Office could be hosted as a web application). Once iMS (i call it iMicrosoft) has AT&T it has the pipes to majority of the homes in the US. Not to mention all the Cable investments across the Globe Next eMicrosoft (office. oMicrosoft is for OS) would have an alliance with iMS to host office thereby two companies have the monopoly now. Of course office would be best selling application for Linux !! And as always oMS provides the shitty OS on which iMS runs. eMS would run on Mozilla but 800 of its features (795 rarely used) wouldnt work. So IE would be standardized on all desktops for those 5 extra features.
    So at the end of three years (Just in the US)
    Symbol MarketCap StockValue
    iMSF 330 Bill 155
    eMSF 190 Bill 335
    oMSF 400 Bill 95

    Thanks to DOJ, Scott and Larry, Gates would be twice as rich as he was earlier.

  78. No "source opening" solutions...Bummer! by WowMan · · Score: 1

    I sure wish DOJ had attempted to force M$ to publish it's Windoz source code! Such a Left-Liberal seizure of property! Gosh I can only imagine the "FireWorks" such a proposal would have set off!

    --
    oh....my!
  79. Doesn't anyone use MS mice? by Halster · · Score: 1


    Um.... am I the only person who wondered where the MS hardware division comes into the separation, which acts as if MS only sell software?

    --

    "How much truth can advertising buy?" - iNsuRge - AK47
  80. I hope not, a Microsoft breakup would be tasking by Thmad+Hatta · · Score: 2

    This would be a rather unfortunate occurance. Microsoft is definitely a problem, but I don't think this is the way to handle them. They are a member of the Dow Industrial Index, their OS still is THE mainstream OS, Microsoft Word still sets the standard among word processors, and don't forget, they consolidated most of the PC world with a standard, albeit not a perfect one, but a standard nonetheless. That said, I am not, nor will ever be a M$ loyalist, in case anyone is wondering:o). I grant you, breaking up the company into 3 parts will force the parts to compete more vigorously. Consider an alternative scenario, hypothetically. Penalize M$, severely, make them pay heavy calculated damages to Caldera, Sun, IBM (I don't know if they also sued, but where is OS/2?), Netscape/AOL (I know..Aol doesn't need the money), and who ever else they have harmed. I mean heavy fines, ongoing. They listed 'Linux' as a competing OS in legal documents. Fine, let them then support the competition, as IBM (a legal trust), already does. They should either heavily and monetarily support, (although not have any control whatsoever over) a few of the free, non-commercially funded Linux projects, like Slackware (my personal preference;o) or Debian (albeit VA Linux and Corel are throwing their weight behind it, its still a free project I believe), or, they can become distributors of their own distribution, and support it with resources similar to the support they give Windows (I know ppl. groan at M$ Linux, but why not? If you can't beat us, join us;o) Why Linux and not another OS, like a bsd, or Solaris? First of all, Linux is best positioned at this time and place, bsd's and solaris outstrip linux server side, while Linux rips them on the desktop. (Please, this is my subjective opinion, no lame flames, stay on topic) Secondly, M$ did list them as a competitor in some anti-trust document, I remember reading that on The Register. BeOS is also another 'competitor' that merits financial support from M$, being as the nature of an anti-trust suit stipulates that the offender has suppressed new technology through unfair market manipulation, BeOS and Linux qualify as new innovations worth M$ penalty funding. If they don't want to compete with anyone else, make them divide their resources and compete with themselves. I think that if they are allowed to remain one company, but are SEVERELY penalized, it would be a faster resolution, a fairer resolution (for this to work they would need to be monetarily penalized in the range of the billions of $$'s, because it is ill-begotten gain), and it would be better for our economy, as well as the worlds economy. I may not personally like them, but how will it help anything if they are penalized in such manner that would degrade their service to their other customers? Most of whom couldn't care less about software wars, but would be hurt anyway. I must admit, a breakup would be gratifying though. They need to be reborn, as AT&T, and IBM were, because there is alot of ideas and innovations on their side, even if they have been hiding it behind millions of lines of buggy code. Their office software is standard setting, their OS is still the most widely used. Even their 'contributions' to java, were eventually included into an open-source implementation of java whose name escapes me now. M$'s actions have harmed us all, we know that, DoJ knows that. But lets not do more damage to ourselves or others in penalizing them. A breakup will be fought by Microsoft in court, vigorously for years, providing much hoopla, instead of amicably settling this, by allowing them to remain whole, but cutting in on Uncle Bill's paycheck. I think both sides could begin to work on the basis of keeping them together, but seriously downsizing them, in what is already a historical case. I don't know if this idea will be popular, but I hope it'd be well received, and if I err, I hope it is to the side of mercy, not for their sake, but for the greater cosmopolitan good. P.S.: What OS ran your first PC? Mine was a TandyRL1000, but I didn't begin to learn anything really until I got a wintel machine at 9. Just a thought. P.P.S: Sorry about the long sentences, remember, the preamble to the constitution is one sentence as well ;oP

    --
    Pariah on #Desperado@irc.wiretapped.net
  81. Thank you..... by GW+Hayduke · · Score: 1

    I really needed to hear a response from a sentient being whose neural network doesn't just stop at the spinal cord... After the whole Y2K fiasco with (l)users getting paranoid and frantic over FUD I appreciate knowing that there are some of us who aren't just living by reflex alone.....
    Thanks again :)

    --
    -- Life: Hate the Game... Love the cereal
  82. Bizarre Scenario #666 by Vryl · · Score: 1
    Praps we now *need* m$ as a counter to AOL/TimeWarner et al, and the other mega merger corps to come.

    Is it indeed poss that they will see the light and embrace open standards (if not open source).

    LDAP and XML are good starts, who knows.

    In the coming era post AOL/TW m$ could the be a pyrric victory if it was indeed broken up, as some of the newer megacorps might just borg the pieces, and the situation could be possibly worse.

    Ignore them, keep coding, and they just might go away!

  83. re: MS breakup by rkhalloran · · Score: 1

    If you get Windoze Inc and Office/IE/Visual Inc, then there's no incentive for OEM's like Compaq to push Office since it won't count for their volume-discount on Windoze licensing, and Corel and Staroffice have a chance to get(back) into the market. If Windoze Inc no longer owns IE, they can't threaten to pull an OEM's O/S preload license if they load Netscape, Mozilla, Opera, Lynx, etc. on the desktop. If the O/S developers and the Office developers aren't sitting 10 ft apart anymore, there won't be any use of undocumented APIs that Corel/StarOffice/SmartSuite etc. don't know about. If there's no tie between Visual Whatever and Windoze, or Office and Windoze, there's a better chance of them finally making the tools cross-platform. And if there isn't a Redmond gorilla to subsidize Expedia/Carpoint/MSNBC, can they honestly compete on their own against Travelocity, autobytel, Drudge :-)

  84. Re:Names... by Anonymous Coward · · Score: 1

    Well, if you look at the names of two recent spin-offs, Lucent (AT&T) and Agilent (HP) the names will probably end in 'ent'. My vote for names for the two MS spinoffs would have to be "arrog-ent" and "incompet-ent"...

  85. DOJ, Thank you for Destroying Competition. by Deathlizard · · Score: 1

    OK. lets think of this in this matter, Currently we have one company that has monopoly power but is watched over by the government. Now, If this breakup occurs, you have three companies which have monopoly power in their respected catigories. I dont think it takes a genius to figure out what's going to happen here.

    I know David Beat Goliath, but I don't remember the dead body of Goliath spilitting into three Goliath's and systematicially killing anybody named David.

  86. It will have an impact by Dr.+Evil · · Score: 1

    Yes, splitting up Microsoft won't diminish their market share, nor will it diminish the power they have through that marketshare. However, what it will do is prevent products from being developed, advertised, given away and bundled into other key products with 100% funding provided from their OS.

    I don't know what lines to split them along, but as long as their application developers can bundle products together, they will always have an unfair edge.

    They beat Lotus through manipulating their OS and bundling in a wordprocessor. Likewise, they beat Wordperfect by bundling in a spreadsheet. They beat Stac by bundling in Doublespace, they beat Netscape by bundling IE into their OS... there are countless others, but the trend is continuing...

    Why else do you think they bought Visio?

    1. Re:It will have an impact by Otis_INF · · Score: 1

      errr... afaik claris was first with packing several tools together as an office suite. Wordperfect also packed tools together way before MS Office saw the light with office '95. I also can't follow you with the lotus thing. Since when did MS bundle a wordprocessor with the OS? or did you mean with wordprocessor 'write/wordpad' ?

      Bundeling apps together into larger suites/applications won't stop here, nor will other companies stop to do that (it's a common thing, not a MS only thing. Saw Staroffice? you can't even run the wordprocessor alone, you have to run the complete suite). NT and win2000 are already stand alone OS-es without production tools on them, except perhaps a browser (ok KDE also comes with a buildin browser, so what's the big deal?). You can say it's bad and evil what MS does, but do you really think the average joe really cares? no. he can now work with a lot more stuff much easier. It's bad for the companies who have lost the race about the no1 spot, but should we care? if you say: "yes! we should care, Otis!" all I can answer is: "Do you care also about the same subject with the same level of enthousiasm in other area's of ICT where MS is a small name and other companies are big?

      --
      Never underestimate the relief of true separation of Religion and State.
    2. Re:It will have an impact by Anonymous Coward · · Score: 0

      Some of your examples are of the "bundle with OS" sort, while others are "bundle sets of applications". The split - as currently being discussed here, anyway - will prevent one but not the other.

      This isn't totally awful, in that that the worse of the two is the one that is going away.

    3. Re:It will have an impact by Dr.+Evil · · Score: 1

      Absolutely true, and I do think about big companies in different terms than I do little ones.

      Regarding the Lotus/Wordperfect/others issue, my point was that the industry had a leading wordprocessor, and they had a leading spreadsheet. Microsoft took the second-best spreadsheet along with the second best wordprocessor and marketed them together for the same price as either product individually. They do this perpetually bundling Word to Excel to Powerpoint to Money to Internet Explorer to Access to Photodraw to ...

      Funny you should mention Star Office. why would I want to use it when I need Visio? come the next version of Office, I would wager good money that Visio alone will cost marginally less than the full Office 200x suite. StarOffice, Smartsuite, Corel Office and all the kin were the industry's reply to MS Office. Do you really think Quattro and Wordperfect would have joined forces otherwise?

      The only reason MS was so successful in this arena was because they were able to join their product lines much more easily than their competiors could join forces.

      Claris? They started small and created a works package. They marketed the integration of their applications. They did not similtaneously compete price for price, feature for feature with Lotus and Wordperfect while drawing revenue from OS sales.

  87. Woohoo! Just what we need! by drsoran · · Score: 1

    3 seperate companies completely dominating their seperate fields by crushing their competition. ;-) "OK Office team, instead of us having to worry about you, we'll spin you off and you can go monopolize the Windows Application market seperately! Isn't that a keen idea of the DOJ?"

  88. Next steps... by Hieronymus+Coward · · Score: 1
    OK, now that the consensus has been reached, we need to start thinking about new names for the three 'Baby-Bills'... How about...

    Windows 'R' Us (OS division) (or 'We Do Windows inc.')
    Office Schmoffice (Application division)
    Net'n Special (Internet division)

  89. Legally speaking... by Anonymous Coward · · Score: 0

    It's not going to change the fact that the DOJ doesn't think Linux is a real operating system! L)L

    1. Re:Legally speaking... by Anonymous Coward · · Score: 0

      Yep. It's a finding of fact. Right there in black and white. Linux isn't a realistic option for the desktop.

      Don't you go and dispute it. It's a finding of fact. Just like it's a finding of fact that Microsoft~1 is an evile, evile monopoly, and Larry Ellison is a sexual predator.

      Oops, that last bit about Ellison is the finding of a different court of law. Sorry.

    2. Re:Legally speaking... by Anonymous Coward · · Score: 0

      Except tomorrow, you will still be bragging about the marketshare number that Microsoft enjoys. We won't necessarily be bragging about how arcane X is. Our position at least allows for some progress on the issue. Our fragile egos aren't all tied up in a condition that needs to remain static.

  90. *************DOJ Denies Report **************** by quakeaddict · · Score: 1

    http://www.msnbc.com/news/356529.asp

    --
    I'm still working on a clever footer.
  91. Sort of contradictory... by crush · · Score: 1
    ...to want the Government [...to] keep its sticky fingers out of Big Buiness on the one hand and yet to simultaneously wish for ome good legeslation that prevents this consolodation of power isn't it?

    I do agree with you that there should be preventative legislation that creates an environment which discourages the formation of monopolies, but like everything in life, need will find a way. No matter what legislative systems are in place there will be unintended and undesirable consequence which will have to be addressed by emergency fire-stomping measures. That requires that government intervene at the behest of the people. I know that that happens relatively rarely, that most of the time it is intervening on behalf of big business, but that is just because "We the People" are not taking our democratic duties as citizens very seriously. How many people vote? The system of democracy and freedom in this country is, on paper, one of the best in the world. It provides for representation of our opinions and protection from the special interest power groups. All it requires to make it work is an educated, active citizenry - something that is sadly lacking.

  92. Re: M$ breakup by AME · · Score: 2
    I don't think that this is what they are thinking. The idea is rather to level the playing field.

    Since the application group will have the same documentation as everybody else regarding the OS API, no more secret hooks into the OS that make it impossible for a would-be competitor to write a decent office suite.

    Similarly, it is now possible to develop a competing OS, since the only requirement is providing a fully functional API. This will be possible because the API would be fully documented.

    Also, no more squashing a competing application by extending the OS to include the equivalent of their application.

    Whether one thinks this is the best solution is largely a matter of taste, it seems. After reading about, discussing, and considering all of the options that were available, I'm inclined to believe that this is the best (as in, least among the list of evils) that could be hoped for.

    --
    "I have a good idea why it's hard to verify programs. They're usually wrong." --Manuel Blum, FOCS 94
  93. What would be interesting...Re:What about IE by gfxguy · · Score: 1
    If it's a separate product (and it is), and MS truly believes in integration, the OS will need to include publicly published hooks that the browser could take advantage of.

    I mean, isn't that part of the point?

    --
    Stupid sexy Flanders.
  94. Who will run the show(s)? by deacent · · Score: 1

    The real question in my mind is how do they plan to address the personality of Microsoft. Wouldn't any offspring companies resulting from a break up have the same mentality (win at any cost)? I'd like to know who would run these companies. Gates? Ballmer? Kempin? Aren't these the same guys who made those decisions that got them in trouble in the first place? I realize that most corporations are not much better, but they at least tend to think before breaking the law. If they do continue to break the law, we just go through another one of these long litigations.

    The reason that this behavior worries me is that the OS company would still have too much power. They would still be the "only game in town". Part of this is the fault of the OEMs for not having any backbone, but some of it is a fiscal reality. Why should an OEM ship Linux or BeOS when they have to pay MS for every machine out the door? And why do they have to pay for every machine out the door? Because there are many OEMs but only one company who can provide the OS. Stripping the other assets from the OS company takes away some of their influence, but it still leaves them in a very powerful position. I suspect that they're trying right now to tie as much of their apps as they can into Windows, so they don't have to give up too much control.

    -Jennifer

  95. Re:What we need: published network protocols & fil by Anonymous Coward · · Score: 0

    I'm afraid that I must disagree that such publication is sufficient. The reason for this lies in the control that MS has over the marketplace.

    Consider protocol AAAA. In January, MS publishes it. In February, a competitor releases a compatible product. In March, MS releases a new product using AAAA version 2, and publishes the version 2 protocol.

    If MS manages to convince enough people to upgrade - or automates that upgrade - then the competitive product has just be rendered useless.

    This scenario is one that MS can play forever, and applies whether AAAA is an API, a protocol, or a file format. This leaves competitive products always playing catch-up. Knowing this, will many really invest - either develop or buy - competitive products?

    Of course, I know that there are some competitive products today, and so the logic above is not perfect. On the other hand, I don't see Star Office (for example) making significant inroads in the MS desktop market.

    Perhaps the answer is "prepublication", with some guaranteed delay between publication and release of the product. I've never heard of such a legal requirement before, and there may be good reasons why it wouldn't work. But I don't see those reasons just now.

  96. The Government should do one more thing... by alispguru · · Score: 1
    If anyone in the executive branch had a technical clue, they could have implemented much of what you advocate without involving the Justice department, and should have years ago:

    The National Archives could state that they will only accept electronic documents in documented formats, preferrably formats published by national/international standards bodies. Since most Government documents above a certain level, including e-mail and memos, have to end up in the Archives, this would force Microsoft to publish their data formats or lose the Government as a market.

    The Government Accounting Office could declare that Microsoft is a single-source vendor, and as such their products require special dispensation to purchase. Along with a decision to require unbundling of software and hardware (they did it for IBM, remember?), this would give Linux an edge as a multi-vendor OS.

    By and large, the military already requires documentation of formats for software written for them, up to and including escrowed source code. They have "relaxed" this requirement for off-the-shelf office automation software, and they need to tighten up again.

    --

    To a Lisp hacker, XML is S-expressions in drag.
    1. Re:The Government should do one more thing... by Anonymous Coward · · Score: 0

      Furthermore, WordPerfect documents should be banned from government offices. And that includes smarmy little Joel Klein's office.

      And Judge Jackson will have to remove that Mac Plus from his office as well.

    2. Re:The Government should do one more thing... by Anonymous Coward · · Score: 0

      Silly troll, formats that ANYONE can read won't prevent people from using the machine of their choice but rather empower that choice.

      That Judge would then be able to use his trusty old ATARI if he really wanted to.

  97. If Microsoft went Open Source.... by !pHant0m · · Score: 1
    Breakup won't accomplish anything as far as eliminating the monopoly. What would is to make them open up thier source code. That would give competators a chance to make a compatable system from scratch. It would also improve the chances of Linux taking a larger portion of the market with a version of WINE that could run almost everything! Wouldn't M$ cringe if they saw a Win9x emulator that ran Windows apps more efficiently than the OS they were intended for!! :) I think we would all be appalled at some of the tricks Microsoft has pulled, given a chance to see thier code. An open source Windows compatable system that was more efficient and more secure than Microsoft's would force them to make some changes, or die. Then perhaps we would see something besides the endless facelifts of the Win9x OS. Like a kernel update more than every couple of years? The option of compiling your own components to maximize efficiency? To give you some idea of the bloated code, think of this. Everything in the core of the system is supposed to run on anything PC compatable. How much of the
    • compiled code
    doesn't apply to your machine? Hmmm? Why not give the hackers that you are endlessly trying to fight a chance to outdo you, huh, Billy?
    --
    "Oh, I went mad for a while. Did me no end of good." -Ford Prefect
  98. DOJ by Anonymous Coward · · Score: 0

    If the DOJ had been investigating IBM for its mainframe monopoly in the early 80's we wouldn't have a million different pc makers. IBM could have protected it's design, like apple has done. In the 80's MS had a near monopoly on x86, where was the DOJ then. x86 clones are cheap that's why they're are some many. The DOJ should bring the hundreds of hardware manufacturers to court and demand they raise their prices to make non-x86 platforms more attractive to the buying public. This isn't going to happen nor should it. Let the market run it's course. In a few years MS won't have the same monopoly it currently has on x86 pc's

    1. Re:DOJ by Anonymous Coward · · Score: 0

      Back to class, junior. IBM released PC specs because it a was common practice in the micro industry, a practice that was started by Apple with the ][ series.

      The DOJ case was about midrange leasing contracts. It may have bothered IBM Management, but really has nothing to do with the success or failure of personal computers.

  99. And split Cutler into three pieces? by wapentake · · Score: 1

    Come on, you can't create three identical companies based around the same product, expecting them to compete. A company's competitiveness is also a function of the people developing the product. Would you expect the court to divide Cutler among the three competing subcompanies? Or to split his team? A court has no right to split teams apart. Those people chose to work together. They could just quit and regroup at one company anyway. And the subcompany with Cutler and his team will become the authorative OS company. The other companies would have to play catch-up learning about the internals of the code, and figuring out where to develop further. It would not work.

    1. Re:And split Cutler into three pieces? by Maserati · · Score: 1

      King Solomon, white courtesy telephone; King Solomon, white courtesy telephone.

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
  100. I don't get it... by Otis_INF · · Score: 1

    Some people really don't think, IMHO. Do you really believe the average manager suddenly would swap officesuite? Because the chance is there? of course not! Will the majority of computersellers swap office suite? no. Because the majority of the buyers wants MS Office. It's not about the reasons, it's about the FACT they want it.

    Lots of companies are using windows on the client computers where the officepeople work with. Will they all of a sudden change ship, use another OS? why? Windows is good enough for the task they want it to perform. Plus, swapping to an alternative is possible today too. But not a lot of companies do that.

    Microsoft is a software company but owns a lot stock in other companies which do other things, cabling companies, computer companies (apple) etc. Splitting it up in 'OS', 'Software' and 'Internet' is too vague. where would you place IE for example? it's a trick question ;) The DOJ wants to achieve it's cut away from the OS, so it's moved in software or Internet. But... which? it's something with internet, but it's also software. Better example: IIS. It's a webserver, but tightly intergrated in NT. You can't cut it out and run it on windows 9x. But it's an internetapplication, should it be placed with the OS, as it is now, or should it be moved to 'software' because it's an application or to the internet company because it's an internet related object.

    Which pops up the real question: what is an OS? what is necessary software for the OS, so that a buyer of the OS can install it and use it out of the box, and not has to buy 20 packages (or download) to get something started?

    From the anti-MS point of view, it's obvious. But from the normal or from the pro-MS point of view it's not. Because if I take a package like Red Hat in my left hand and windows 2000 in my right hand, what's the difference, except the price (functionality wise, not detailed) ? both are full blown packages with an OS, add on tools and other stuff to get me started right away.

    Cutting the package up in my right hand makes it not comparable with the package in my left hand who still is allowed to keep all the stuff that had to be cut away in the right hand. Not very fair to me.

    But it's also not official yet. It's a proposal of some layers working at the DOJ side. There are also settlementnegociations going on, plus MS has the right to appeal, which could take years to end. And who knows, perhaps by then we all eat MSAOLTimeWarnerGeneralMotors bread and butter :)

    --
    Never underestimate the relief of true separation of Religion and State.
    1. Re:I don't get it... by A.Gideon · · Score: 2

      > Which pops up the real question: what is an OS?

      The answer to this question is really beside the point. The question *has* a well defined answer. That the majority of people w/o a CS background might not understand it - or agree with it - is no different than the fact that gravity worked the way it works even before Newton explained it. Reality simply is.

      However, I do see what you're saying. There is a strong benefit to some consumers to a "one stop shop" model. That's obvious; otherwise there'd be no one stop shops .

      So we've an interesting problem. Bundling is Bad, and yet Bundling is Good. That different audiences weigh these differently just adds to the fun.

      Perhaps it is time for a different model for software distribution. Ideally, we'd have a model which replaced bundling's ease and simplicity, but corrected the problems of economic and technologic inflexibility.

      This isn't necessarily a major leap. Software installations are getting easier all the time. I think that some major mistakes have been made in this - for example, I've seen installs on MS fail w/o providing a useful error (I guess errors are considered unfriendly). But we're moving, I think, in the right direction. I'm very happy with SUN's pkgadd and Redhat's RPMs, for example.

      Add to this some of the 1970s concepts of UNIX that have been lost to MS, such as library versioning (or perhaps runtime-set library search paths), and it should be "safe" to install something. That is, one shouldn't fear installing product X because it might corrupt a library used by product Y.

      Finally, plug in decent bandwidth so that software can be downloaded, and the world can be a much simpler place for users.

      SUN workstations some with the ability to boot and self-install over "the network". This is normally considered to be a LAN, but I don't see this limit as necessarily valid as bandwidth increases.

      Similarly, machines can come with a "product browser". This permits searching for, buying, and installing, desired packages. This could be flexible enough that a local CD can be used to speed things up.

      SYBASE does something of this sort. When you select to install products from a CDROM, the CDROM is scanned to see what products are available. Add in a "search the net" option, and we're close to there.

      I don't say that I've beaten this nail down completely. In fact, my proposed (incomplete) solution is really besides my major point: that we need a replacement to the idea of "bundling" that provides the same - or greater - ease with improvements to safety and flexibility.


    2. Re:I don't get it... by Otis_INF · · Score: 1

      [good light on the subject] "I don't say that I've beaten this nail down completely. In fact, my proposed (incomplete) solution is really besides my major point: that we need a replacement to the idea of "bundling" that provides the same - or greater - ease with improvements to safety and flexibility."

      ... which results in a focus on a model that's better for the USER. I totally agree. Placing that back into the light of a MS splitup: IMHO, driving away the several pieces of software MS has connected together during the years is perhaps in the favor of the competitors of MS (and should I care? it's a business world out there, it's tough, they play as bad as MS plays bad, they lost round 1...pity) but definitely NOT in favor of the users of the products, people who just don't understand computers but are very happy that the computer they bought already had an 'os-thingy with a browser' on it, so it was ready to roll...

      As a techie, I too want to have as much 'top notch high tech on my hands', but is the world served by that? ;)

      --
      Never underestimate the relief of true separation of Religion and State.
    3. Re:I don't get it... by A.Gideon · · Score: 1

      Unfortunately, "good enough" is the enemy of excellence. MS products, VCRs, and even bathtubs (yes!) are examples.

      So is the idea of "bundling". Like storing only two digits of a year, there may have been a time when this was the easiest solution for the light-weight user. But I firmly believe that this is no longer the case. By making bundling more difficult, perhaps we leave an economic niche for The Better Way (or at least *a* better way).

      So this hypothetical split - which will make bundling more difficult - could easily yield a major improvement in how software is purchased and installed. That would be a definite improvement for all users: those that want the ease and those that want the flexibility.

  101. Re: M$ breakup by Anonymous Coward · · Score: 0

    >So that could mean no more sub $100 OS packages and no free browsers.


    Not wanting to be a dick and all, but the Linux geeks around here seem to be of the opinon that "sub $100 OS packages" will be around for some time yet.

  102. Stating the obvious by paranoid.android · · Score: 1

    Microsoft is expected to reject the proposed breakup.

    And the world emits a collective "Duh!"

    :-P

  103. Why do *you* want to kill Bill? by ectoraige · · Score: 2
    $0.02:

    This is either a good thing, or a bad thing, depending how rational your reasons for dislinking are. If you MUST DESTROY EVIL M$ EMPIRE JUST BECAUSE THEY ARE EVIL AND BILL GATES HAS MORE MONEY THAN YOU, hard luck, Micro-Soft will port, and develop all their horrible apps to 'nix. Given their track record, they are likely to dominate things too. On the good side though, Micro-Hard will probably lose out on their market share [People use M$ because they are ignorant, or they appreciate the fact that all their .docs & .xls' will work on any real computer with little difficulty. (Win-boxes...Eek!)] Once Micro-Soft supports 'nix, and 'nix becomes a bit friendlier, we will see a migration from Win to 'nix. But don't forget... there's nothing to stop Micro-Hard from releasing their own 'Bin-ix'

    If, on the other hand, you dislike M$ because they rush products, make bad developement decisions, and lower the general standards of the entire industy, this is a good thing. The three new houses would be free of the constraints of inter-dependability, and thus may be able to concentrate on actually getting things right. There would be no need to rush, say, Office 2001 just because Win 2001 is due on release. Thus, added stability should creep into their products. Don't bring up the HP-UX version of IE, by-the-way, IE was developed to be an integral part of the Win OS', of course it's going to port badly. Also, you won't need that Win partition that you play games on once Micro-Soft start developing for 'nix. (I have to confess, KDE's Minesweeper sucks compared to M$'s). And how many times have you tried viewing a site which required a plug-in, that exists for Win/Mac only? Well guess what, people follow by example so if M$ will lead...

    Of course, they could just screw things up, in which case, the status qou is maintained.

    You'll notice I haven't commented on Micro-Net here. I don't see any negative ramifications from this change. Already Hotmail runs on FreeBSD, Apache is the dominant server, and M$'s security record is a laughing stock. The only innovation I have seen recently from M$ has been the Passport server system for e-commerce. See previous point. So I reckon the Micro-Net crowd will have their work cut out for them if they want to build a strong position. But who knows, maybe they can get their excrement together and produce something decent.
    Like matter teleportation or something.

    "A goldfish was his muse, eternally amused"

    --
    Vs lbh pna ernq guvf, ybt bss abj. Tb bhgfvqr. Syl n xvgr.
  104. Hypothetical pasts and futures ... by timothy · · Score: 2
    Damn, this post made me ineligible to moderate this thread!;)

    Gorilla wrote:


    At the time of the MFJ, the primary supplier to AT&T & the Bells was the company which came to be Nortel. As Lucent & Nortel are most definatly in comptetition, it appears that the MFJ has increased competition.


    Nortel and Lucent certainly have some areas of competition (not a complete overlap, but then, few competitors really are) -- but what makes you think that the MFJ is solely responsible? Nortel could have decided "Hey, we're the biggest supplier to these guys -- why don't we start moonlighting already?!"

    Cannot speak for other anti-interventionists, but for me the problem with regulation of (voluntary, contractural, risk-laden) business activity is the presumption that the future has arrived, or is least close enough to know. Who could have known 20 years ago the various travails that AT&T, IBM, Exxon and other mondo-friggin'-huge companies would have faced between then and now? Or that a tiny company of well-positioned nerds making, of all things, something as abstract as software would now be driving the engines of fear, resentment and envy? (Or, if you'd like, read that as "the engines of prudence, caution and better judgement.";) )

    This tendency to see the present *as* the future is one of my beefs about any of the specific breakup plans. I think it might be in Microsoft's best interest to split its divisions anyhow, but I hope they don't do so only to appease the gov't bullies. But consider: right now, early 2000, there is lots of software for which it would be difficult to separate the "Internet" component from the "Application" component from the "OS" component. Could the components be separated? Sure, but it could be in any of several ways -- depends where you prefer to separate your abstractions. Presuming that an outside body has the right to micromanage the development and the abstract design of code is ... well, to me it doesn't make sense.

    Remember, a big complaint agains Microsoft as a "bad-guy competitor" is that Microsoft bundled software that was "good enough" for free or cheap with their OS, thus stifling competition, because that competition would have to compete at an impractically low price level.

    So what about Linux? My system has Mandrake 6.1, and various free applications. Should the DOJ, it its infinite wisdom and foresight, break up Linux development for the "harm" it's doing to them market by lowering the cost of good software? (Rhetorical!)

    Just thoughts,

    timothy

    --
    jrnl: http://tinyurl.com/c2l8yr / foes: http://tinyurl.com/ckjno5
  105. It would make no difference! by Eck · · Score: 1

    This is very discouraging news. I'm afraid I'll have to ignore it and hope it goes away. :-(

    If they would at least split the windos and NT products into separate companies, there'd be some hope that all this litigation would make a difference. I suppose Micros~6 just points to its efforts to merge them into one OS to get out of that one.

    Damn.

  106. Maybe we were wrong about MS. by Jim+Hammond · · Score: 2
    In the case of DOJ vs. Microsoft, who do you think would win if Microsoft chose the winner; therefore, how fair is this trial? Does anyone really believe that the government knows much about business, technology, or economics?

    Let's compare Microsoft to the government.

    When there is a stable and entrenched monopoly, like a big central government, it can only lose power if there is a revolution.

    Microsoft has a monopoly in a rapidly evolving industry where people are free to buy or BUNDLE whatever they want. The worst thing that can happen to us is that we pay a little more for some choices. MS can't actually force anything. MS doesn't have any guns after all. If MS can force anything, it is only through government backing.

    Lets compare MS to its competitors.

    Given this starting point of instability and limited power, MS could rapidly lose market share if it stops innovating or makes bad decisions. Suppose MS did not change one line of source code. It wouldn't even exist five years from now.

    Now you could point out that MS could buy up companies that innovate instead of innovating itself, and we would be using those new technologies instead, but isn't that what most critics want?

    MS has always been vulnerable, but its competitors have made so many astoundingly wrong decisions that MS has won by default.

    Other companies would have been far more nasty if they were in the position that Microsoft is in, which is one reason they are NOT in the position that MS in. Other companies STILL use the IBM tactic of running only on proprietary hardware, and are grudgingly attempting some backwards compatibility because of competition from MS.

    Does anyone really think that the government or MS competitors really care what is in the customers' best interests?

    I think that less successful companies are using the government to kill off one of their competitors. I find this far more offensive than anything Microsoft has done.

    Jim Hammond

    1. Re:Maybe we were wrong about MS. by joshamania · · Score: 1

      Okay, this is not about bundling, or innovation, or any such tripe. It is about the fact that Microsoft told IBM that unless it dropped OS/2, it would not sell IBM lisenses for Windows 95.Unless IBM stopped pushing OS/2, it would not be allowed to buy Windows 95 from Microsoft. Did you hear me? Do I need to say it again. That is what this case is about.

  107. a bit off topic by kwashiorkor · · Score: 2
    Pretend that the deed is done. MS is broken up into multiple smaller shops. Each shop deals with a narrower field, such as office suites or o/s development.

    So lets say that by forcing the company into smaller shops, it has the intended effect of opening up the undocumented APIs. It would have to because how would each of the shops be able to create new products with secret features when there would be communication barriers between the shops. I'm though that at first, the secrets would be very slow in leaking out, so you could probably count on Word, or whatever, to be dominant in it's market sector for the forseeable future.

    Take it a step further. Let's say, for purposes of illustration, that this actually has the intended effect. Suddenly the market is opened again to competitors, and companies such as Corel with their WordPerfect suite start to gain marketshare again. Companies start to make a lot more money when competeting with the children of MS on their old turf.

    I'm really curious what this would do to the open source movement. I find a lot of new (and lots of the old) open source supporters have a very anti-MS stance and it seems that a lot of the reasons for open source software is in reply to this inability to compete with a closed source monopoly. But if there was a new way to compete on the Win platform, would a lot of people abandon doing open source stuff?

    I can see a lot of people saying with great invective that this would never happen. That open source is the way of the future. But I suspect that once the lucre begins waving in front of peoples' noses, that there is a chance of moving back to our cathedrals.

    Just a thought. (Probably been thought before by better people, but I thought that it was approprite).

    -- kwashiorkor --
    Pure speculation gets you nowhere.

    --
    -- kwashiorkor --
    Leaps in Logic
    should not be confused with
    Jumping to Conclusions.
  108. monopoly * illegal by Schlacht · · Score: 1

    The trial wasn't about MS being having a monopoly because they are the market leader. It was about MS using their market dominance to lock out competitors.

    A companies #1 goal is to market their product to as many users as possible, and create a monopoly. M$ did this well, but then used this monopoly illegally, as the findings state. Just as Billy (Clinton not Gates) getting a bj from his intern isn't illegal, but lying about it in court is, M$s monopoly wasn't illegal, there use of that monopoly to stifle others was.

    As 3Com (Palm, USR) nears a PDA monopoly they will hopfully continue to offer an improving product line, contrary to the M$ strategy. A monopoly can work for the consumer by improving standards and therfore a products quality, this doesnt seem to be a M$ philosophy though. M$ needs not only to be split up but also some actual punishment ... I just dont know what. The split just doesnt seem like enough for their past disregard for the law, maybe a nice public caning?

    --
    rm -rf ms/*
  109. Judge Jackson didn't want a breakup by Eccles · · Score: 2

    In a rejected submission for Slashdot, I provided a link to a Q&A period with Judge Jackson (author of the Findings of Fact in this case.) In his responses, the Judge said he did not think breaking up Microsoft was the appropriate legal action to take. He also thought Linux had a bright future 2-3 years hence, but wasn't a true Windows competitor now, at least not for the market at issue.

    Unfortunately, I've lost the link. (I think it was linked to by Ars Technica, but their search engine isn't functioning at the moment.)

    --
    Ooh, a sarcasm detector. Oh, that's a real useful invention.
  110. Hie thee back to Redmond,troll... by Anonymous Coward · · Score: 0

    ... 'mere' users don't have the chance to figure out messes in M$ stuff. And 'mere' users have STABLE stuff under Linux that WORKS, not the BSOD-generating fluff that populates the M$ world.

    Is poor Bo Gritz down hot Porter Lee Nadman's pants?

  111. Jail Bill and his cronies by Anonymous Coward · · Score: 0
    I think a stiff jail sentence and fine for Billy boy and his monopoly-exploiting criminal cohorts would send the right message.

    Don't break them up, just send the key players to jail for a few years, and take all their money.

    The amount of time wasted by all computer users waiting for windows to reboot after a crash, must amount to at least a lifetime, if not more. So Bill's crimes can be considered as serious as murder.

    1. Re:Jail Bill and his cronies by Anonymous Coward · · Score: 0

      I'm not a big revenge fan. I want things that will benefit me. I've never seen Bill Gates; I've probably never been within 1000km of him. Sending Bill to jail, killing him, throwing a pie in his face, etc. does not do me any good. Your logic seems to be reminiscent of North American justice: "Look at those poor kids. It's a shame their mother was murdered brutally in front of him. Let's kill the guy who killed her! Fuck the children, they can take care of themselves! Revenge! Justice! That will solve everything!" Watch little Suzie end up seeing a therapist twice a week when she grows up :). So anyway, I'm little Suzie. I don't really care what happens to Bill Gates; I care what happens to me.

    2. Re:Jail Bill and his cronies by Anonymous Coward · · Score: 0

      If this were the People's Republic of USA, your idea would hold some merit.

      Don't count on it. And we're throwing out the DOJ scum in the next election. Clinton has about a year to screw things up as much as he can, though.

    3. Re:Jail Bill and his cronies by Anonymous Coward · · Score: 2
      The punishment should fit the crime.

      Bill's crimes are less tangible than others, but no less damaging. If Bill (and Stevie-Boy and all the others) are not severly censured personally (by means of fines, jail etc) it sends the message that in business, the ends justifies the means. This is not good for capitalism as a whole, which depends on adherance to a common set of rules & customs. e.g. patents, intellectual property, licensing, contracts, etc.

      People have served time for similar white collar crimes e.g. insider trading. Are Microsoft's crimes so different ?

      Is Bill above the constitution and the law simply because he is rich ? Or because ordinary people do not understand his crimes ?

      Your comment about the People's Republic of the USA is somewhat amusing in a knee-jerk kind of way. But I am attempting (apparently unsuccessfully) to make a serious point, in what way are Bill's white collar crimes any different to that of futures trader Nick Leeson for example. Both sought to illegaly manipulate the market. Both were stupid enough to get caught. Save your sympathy for more deserving causes.

    4. Re:Jail Bill and his cronies by Anonymous Coward · · Score: 0

      gibbering, right-wing fuckhead.

  112. Internal (Re)Structuring Makes This Difficult by Irish · · Score: 1

    More six months ago the internal structure at MS would have made this type of division easy, because that is more or less how the groups were divided.

    About six months ago, Bill reorganized the basic structure of MS internally. No one outside noticed, because it's not something you would notice. Reorgs happen almost continuously there, but this was different - BIG!

    The company is now divided into units by usage; Corporate, SOHO, Home, etc. Naturally each unit contains a piece of OS, application, internet, and so on. Much harder to divide a company along the normally thought of lines when it cuts against the internal grain!

    Bill foresaw and planned for this. I'm certain he'll use this as an argument to prevent this kind of split - never mind that is exactly how the company was divided less than a year ago.

  113. Why break it up like that by timt · · Score: 1

    If they break M$ up like that, one of the baby bills will still have an os monoply. It may be one with only a small set of products (OS's). if there is a breakup there it needs to be split into os parts, so one baby bill would get win95/98 and the other would get winNT and another the rest of the os look-a-likes(winCE).

    Tim
    --
    I don't know anything.

    1. Re:Why break it up like that by Anonymous Coward · · Score: 0

      You can't break a company like the way your suggesting. Everytime Microsoft introduces a new OS, it will have to form an entirely new company. That's ridiculous. The way the government wants it divided is the correct way.

    2. Re:Why break it up like that by Anonymous Coward · · Score: 0

      its kinda funny how the losers allways blame the winner. but at the end of the day, they are still losers. if ms really sucked so bad, we would be running linux or os2 or macs & wordperfect etc... but the truth is, consumers want windows, consumers want office, consumers want IE. otherwise they would buy something else, and ms would fall immediately. if you wish real competition in the os industry, introduce a real competetitor, that the average joe can use, with apps the average joe wants, not promises. maybe one day linuz will deliver, but today linux is still in the nerdery, with the nerds. -leesus +++ thats how a free market works...

  114. Other side of the coin... by Tau+Zero · · Score: 2
    Microsoft's applications business doesn't want to build apps for competing operating systems, so Linux doesn't get any. That's not to say that most Linux users would want to run MS Office even if it were available, but at least the choice would be there.
    There's another angle on this too. If the OS company was forced to open its API specs, the next version of WINE would be able to run the Windows-native Office. Either way, portability would be assured and the OS becomes less and less relevant.

    Of course, Microsoft could just do what IBM did after they lost the fight to bundle the software with the mainframes: start charging a lot for the (non-OS) software.
    --

    --
    Time is Nature's way of keeping everything from happening at once... the bitch.
    1. Re: Other side of the coin... by tspilman · · Score: 1

      If the OS company was forced to open its API specs, the next version of WINE would be able to run the Windows-native Office.

      Oh yes. That ever so hidden "void MakeOfficeRunFaster()" call that no one can seem to find. People confuse the magic of an HWND with "hidden APIs", those abstractions are there to allow the OS to change it's implementation without breaking the thousands of applications written for it. The WINE project has had issues with the API documentation that Microsoft does provide. The bad documentation of some windows APIs is because their documentation guys are not programmers and not any API conspiracy on their part.

      Either way, portability would be assured and the OS becomes less and less relevant.

      I'm sorry to bust your little bubble, but a 90% market share OS will not disappear overnight. Remember we still have people running Win 3.11! Linux is NOT EVEN CLOSE to being ready to take the place of Windows, it has much maturing to do still. I'm sure one day that Linux will be an competitive os to Windows, just not yet.

      --
      Tom the Sigless
  115. Here are your API's and other docs you want by Otis_INF · · Score: 1

    It's really amusing... :) 'I want to let MS publish all the api's! and all the protocols! and all the fileformats!'

    well read http://msdn.microsoft.com/libary Learn, absorb knowledge and get productive. The world is not served with tears from eyes who just see what the blinded mind wants them to see.

    --
    Never underestimate the relief of true separation of Religion and State.
  116. Where would they draw the lines? by AnarchySoftware · · Score: 2

    Forget about whether this is a good idea or not (for a minute). But assuming it does happen, where would they draw the line between OS and apps?

    Obviously, MS-Office would go to the apps company, and MS-Windows 9X and NT would go to the OS company. But who would get IE? What about Notepad, Wordpad, Paint? (They're currently distributed with the OS, but they are applications.)

    Who would/should decide this? What would MS want? What would the DOJ want? What would we want? Why?

    Any thoughts on this out there?

    And does a MS Internet Services company have a chance?

    1. Re:Where would they draw the lines? by jafac · · Score: 1

      hell, for that matter, forget about Notepad and Paint. What about Explorer.exe? It's an application! A file-system browser/editor. Arguably, you could StartMenu->Run. . . command.com, and do all your file-system work via the DOS shell.

      If I were king of the world, I'd tell Microsoft to not only unbundle IE, notepad, and paint, but Explorer as well. That would kick ass!

      I wish I had a nickel for every time someone said "Information wants to be free".

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    2. Re:Where would they draw the lines? by Anonymous Coward · · Score: 0

      At one time both Paint and Write (check where the WordPad shortcut points to) were sold as shrinkwrapped applications.

  117. Re: M$ breakup by MenTaLguY · · Score: 2

    ...will [Microsoft] retaliate and, i dunno, build in PGP at a low level (the file system) for example?

    This would be a bad thing? Why?

    --

    DNA just wants to be free...
  118. Lines of division by Eck · · Score: 1
    Note that IE is not "irrevocably tied" into the filesystem browsing for Win98. See 98lite for one method of completely extracting IE from windos.

    For a while, it looked like the DOJ was paying attention to some of the better potential remedies they elecited. It's disappointing to see them go with the old, obvious, easy-to-implement plan.

  119. Propoganda? by Irish · · Score: 1

    Does anyone else find it interesting that CNN (now owned by AOL) is reporting the breakup, and MSNBC (owned by who else?) is rebutting it? Hmmmm....

  120. Microsoft says so? by Lxy · · Score: 1

    I find it interesting that the DOJ supposedly "denies" it, yet the only site that reports this is MSNBC. Is there any other source to back up this claim?

    --

    There is no reasonable defense against an idiot with an agenda
    :wq
  121. Who's to say what each company can do? by Sgt.+Latino · · Score: 1

    So now there's an OS company, an App company and and an Internet Services company. This would solve a lot of the problems related to monopoly abuse... IF the OS company behaves like a really really nice girl. But remember that this whole trial revolved around Microsoft's claim that Explorer was part of the OS! I heard about it, I've read about it, I've just written it, and I still can't believe anybody could ever hear that argument and not break into uncontrolled laughter. But they said it repeatedly, with a straight face.

    So what's to stop the OS company from pretending, a few months from now, that a spreadsheet is OF COURSE an inseparable part of the OS? OK, that crappy Linux thing does work without one, but that's just a sign of how far back they are from the cutting edge. Or more likely: who will prevent the App company from creating an OS that runs their stuff, and start with their bully tactics all over again? Sure, they COULD play fair. But they haven't showed any sympathy for fair play so far, so why would they start now?

    The only real solution to this problem, the one that would solve the problem, not just for Microsoft but for the general case, is to pass legislation to require all closed-source software to publish their complete API and file formats. This would even have a very nice secondary effect: for the first time in history, software companies would have to publish a specification for their software, and they would actually have to live up to it. Accountability! A warranty that would go beyond replacing the CD! No more charging for upgrades that solve bugs that shouldn't have been there in the first place!

    Hey, the government is desperately seeking something to do to prevent its obsolescence, they could do much worse that enforce this.

  122. Re: M$ breakup by binarybits · · Score: 1

    Also, no more squashing a competing application by extending the OS to include the equivalent of their application.

    How exactly does this benefit Microsoft? Writing a piece of software and giving it away as an OS-bundled freebie may drive out the competition, but it doesn't do them much good. Besides, there are a number of companies that create products that are already in the OS (web browsers, disk tools, text editors, etc.) The fact is that a lot of their software is so awful that people will buy the competing product even if the Microsoft alternative is being given away for free.

    I'm amazed at the ability of slashdotters to interpret everything Microsoft does as evil. If any other company gave a product away for free, Slashdotters would be happy about it. But when MS does it, it's "predatory."

    Similarly, it is now possible to develop a competing OS, since the only requirement is providing a fully functional API. This will be possible because the API would be fully documented.

    There are already several competing OS's. They just aren't very popular because they all suck from an average user's standpoint. And there's Mac OS, which is a perfectly acceptable substitute for Windoze.

  123. I laugh in your general direction. Bwahahahahaha!! by Anonymous Coward · · Score: 0

    p0z3r.

  124. It's even better! by Yogurtu · · Score: 2

    "THE REPORT WEDNESDAY in USA Today, which quoted unnamed sources" ...

    "However, an official at the Department of Justice told CNBC that"...


    Wonderful. No news report has identifiable sources, which means that for all we know both could be making this up. Dave Barry sure is facing serious competition these days!

  125. Whatsa OS? Where to draw the line. by Money__ · · Score: 2
    Most of the posts here on /. are regarding the slice and dice justice about to be imposed on micros~1. This is a rare oportinity to define exactly what an operating system is. This definition will serve the public good if it's done right, and hurt the public good if it's done wrong.

    An OS should be just enough to boot a 'puter and no more. Make everything an application. This will allow other companies to compete in spaces now considered to be 'part of the operating system'(lets face it, windows isn't an OS, it's a UI).

    I say, give micros~1 the kernel space and open up the rest.
    _________________________

    1. Re:Whatsa OS? Where to draw the line. by donutello · · Score: 1

      We need to remember here that the only bottomline that matters (and should matter) to the government is How does this affect the consumer? We as Computer Science scholars have been traditionally (and correctly so) led to believe that the OS is what boots the computer. But the average user doesn't give a damn about this!. The average user wants the "OS" to be everything that makes his computer useful.

      Let's face it - regardless of whether the tactics used and the justifications offered to include IE as part of the OS were justified/legal/ethical, the consumer has benefited from it. Think about it. With a browser as part of the package the consumer gets you are guaranteed:
      - A browser to surf the web with - which is what the vast majority of users care about
      - Other applications are guaranteed a browser to display help files with - this is much better than the old way where they wrote proprietary help-displays

      So maybe MS should sell Windows but not call it an OS because it's not correct from a CS perspective - but forcing them to sell it in different parts is only going to hurt the vast majority of users who don't give a damn what computer scientists think

      --
      Mmmm.. Donuts
    2. Re:Whatsa OS? Where to draw the line. by Money__ · · Score: 2
      You're assuming that the distribution model is like this.
      micros~1 > end user
      When it's actually like this.
      micros~1 > OEM > end user
      The goal of this entire case is to foster competition, and freeing up the OEMs to be true system designers will do just that. Using just one example, a journaling file system is possible today but with MSs lock on the OS (and need to collect the mstax), system vendors are forced to wait for w2k. This reduces OEMs to being mearly micros~1 distributors with no control over there own product.

      As new capabilities are developed in the future, the true control over what an OS does should be placed in the hands of the people selling the box. Just look at VALinux and the competitive advantage they have over a typical winbox. They can implement faster, respond to customers needs, and adapt to the ever changing market because they control the OS. It's OEMs that should be given the power to innovate. Interestingly, this will have the convienient effect of OEMs asking/demanding compatibility/openess/documented APIs, ect.. because the market will be decided by the OEMs, not MS.

      So in the end, the OS can be defined as kernel space, the OEMs can shop for the rest, and end users get to choose which best fits there needs. The end user still gets a box that "just works" and also will benefit from a fast moving marketplace.

      Will a lot of vendors still buy everything from MS? Yes. Will users still be able to buy a MS only box? Yes. However, over time, as OEMs mature and develop the expertise and expierience to impliment the changes they want, the market will be opened up, giving the OEMs freedom to innovate.
      _________________________

    3. Re:Whatsa OS? Where to draw the line. by Anonymous Coward · · Score: 0

      First and foremost the outcome of this trial MUST benefit the consumer, not the DOJ or MS' competitors. Second the OEMs have been able to do this all along. They made a decision to sign a contract with MS. They did not blindly sign on the dotted line and if they did then they deserve what they get. However, MS did not force them to sign the contracts they only requested some pretty stiff requirements. Is this legal? Sure. Contracts are a two way street. And don' tell me how there were no other options to Windows; IBM had OS/2, MacOS isn' as bad as some people would have you believe and there have always been versions of *nix OS' for x86, even before Linux.

  126. Re: M$ breakup by phil+reed · · Score: 2
    Writing a piece of software and giving it away as an OS-bundled freebie may drive out the competition, but it doesn't do them much good.

    You're contradicting yourself. Driving out the competition is exactly the goal in and of itself.


    ...phil

    --

    ...phil
    "For a list of the ways which technology has failed to improve our quality of life, press 3."
  127. Re: M$ breakup by Anonymous Coward · · Score: 0

    Bad for the government, which cant make up its mind what its doing about encryption. If windows defaulted to a system where there was a legal (in the u.s.) level of encryption, with the easy ability to crank it up to 1024 (or whatever) bits, you can say goodbye to echelon, packet sniffing, seizing harddrives or whatever the hell else the american (or whatever) government wants to use to keep an eye people. At the moment its up to the user to install pgp. I`m a programmer, and when i played around with it, i found it awkward. The average user, even one who wants to encrypt stuff, will probably give up - certainly it limits its appeal. But if every last file thats written to the disk is encrypted automatically, where is your average policeman going to start? So, yeah, anyway, its just something that came up in a conversation the other day, and i thought it was a good idea.

  128. "monopolies are not illegal" by jetson123 · · Score: 2
    The point that "monopolies are not illegal" has been raised many times throughout this discussion.

    Achieving a monopoly through legal business practices may not be illegal in the US. But simply having a a monopoly, no matter how it was achieved, may stifle innovation, present insurmountable barriers to entry to competitors, and allow companies to charge for their products amounts that are undesirably high.

    Regulating these falls outside the purview of the legal system, but it is legitimate business for legislators. Many behaviors that used to be legal were found undesirable and subsequently made illegal or regulated.

    If monopolies exist on essential services and infrastructure, no matter how they were achieved, that is sufficient by itself to consider government intervention and/or regulation. And while many people seem to believe that the US has a laissez faire system where anything that's legal goes without government intervention, even the US (like any other democracy) has a long history of regulating essential services and infrastructure. For example, the communications infrastructure, media companies and utilities all fall under ownership restrictions and government regulations, even though they could (and would) otherwise achieve monopolies through legal means.

    Maintaining a competitive, open market is one of the key functions of a democratic government that has chosen a free market approach. Government regulations and ownership restrictions are an essential part of that.

    Of course, the question before the court is narrower. The court cannot create new government regulations, only enforce existing law. It is in that sense that the court has limited options for enforcement, and it is in that sense that "monopolies are not illegal".

    While the court's options are limited, during an out-of-court settlement, everything is on the table, including remedies that the court could not legally require if the case went to trial.

    And Microsoft has an interest in considering consenting to such remedies because if the legal system does not provide relief, lawmakers will take up the issue. That is a much bigger gamble for them and a much harder case to negotiate than settling this quietly with some government legal representatives.

  129. s/traditional/legacy/ by Anonymous Coward · · Score: 0
    we must start describing all Microsoft OS offerings as "traditional operating systems" (implying old and out of date)

    I think the word you mean here is legacy ;->

  130. Re:Hie thee back to Cuba, commie... by Anonymous Coward · · Score: 0

    'mere' users don't have Linux.

    And with the trends in Linux GUI development, neither will anybody before long.

  131. oops I'm an idiot by Anonymous Coward · · Score: 0

    I didn't hit preview (that should read "in front of them", not "in front of him"). Plus I think I might have submitted it twice by accident. And thirdly, I was being a bit melodramatic. I don't mean to imply that Bill Gates is comparable to a murderer. All I meant is that I want positive results for me, not negative results for Bill Gates.
    I guess it's going to be one of those days for me :)

  132. Predictions by zigzag · · Score: 1

    Once the The Microsoft OS Company and The Microsoft Applications Company realize that they are now competitors, two things will happen:

    (1) The Microsoft OS Company will claim that the browser is part of the OS, that the word processor is part of the OS, that the spreadsheet is part of the OS, etc.

    (2) The Microsoft Applications Company really will ship MS Linux.

  133. Monopoly != forced usage by e-Motion · · Score: 1

    The last time I checked, a monopoly does not necessarily force people to use their product. It simply has all or most of the market. Of course, we must remember that the important issue here is, and has always been, not only IF there is a monopoly, but IF there is a monopoly AND its power abused. Let's try and end the general assumption that monopolies are bad and need to end. There are cases where this is not the case, and we should keep this in mind. For example, consider a company that has a monopoly simply because it produces a superior product. (Although I'm not saying that this applies in Microsoft's case)

  134. Re: M$ breakup by AME · · Score: 1
    Writing a piece of software and giving it away as an OS-bundled freebie may drive out the competition, but it doesn't do them much good.

    I hope that this speaks for itself. How could driving out the competition not benefit Microsoft?

    The problem is not with driving out the competition. This is what every company ultimately wants. The problem is using an existing monopoly position to strong-arm their way into another market, and choking the life out of their new competitors by weilding the power of the existing monopoly.

    [As an aside, I'm not buying the story that Netscape lost to Internet Explorer based on product quality. Internet Explorer won because the consumer usually had no choice but to have it. (Can somebody explain to me why I was required to install Internet Explorer before installing Visual C++?) If I've already got a web browser soaking up multiple hundreds of megabytes of my hard disk then why would I install another, regardless of quality? The average user will just put up with the one that MUST be there.

    Microsoft can easily pay several hundred people full-time salaries to develop Internet Explorer because that's pocket change to their existing monopoly. Netscape can only do this until they run out of money, which isn't very long given the above situation. In the end, the quality of Netscape's product fell behind as a result. But product quality is not why Netscape lost; poor product quality was the result of their losing.]

    I'm amazed at the ability of slashdotters to interpret everything Microsoft does as evil. If any other company gave a product away for free, Slashdotters would be happy about it. But when MS does it, it's "predatory."

    There's a big difference between giving something away for free and being predatory. Don't even get me started on the list of underhanded things Microsoft has done to further their dynasty.

    There are already several competing OS's.

    Apparently I wasn't being clear here. I was speaking of the possibility for a compatible Windows alternative, like DR-DOS was to MS-DOS. DR-DOS was possible, by and large, because the DOS API was known, even the undocumented part.

    --
    "I have a good idea why it's hard to verify programs. They're usually wrong." --Manuel Blum, FOCS 94
  135. Scare tactics by jafac · · Score: 1

    This comes out the DAY AFTER the Caldera settlement, and is followed by an official denial.

    I think it's an "unintentional leak" designed to scare Microsoft into a settlement. Perhaps the DOJ thinks MS got off lucky with Caldera, and doesn't want MS to get a set of balls after that experience. A sly negotiating tactic.

    In the end, my prediction is, this case will end with an out of court settlement consisting of an undisclosed, but 10-digit dollar figure. Which may throw-off MS's game for about a year or two, but will ultimately not be nearly as crippling as Linux and Apple's resurgance will be.

    I wish I had a nickel for every time someone said "Information wants to be free".

    --

    These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  136. Logitech had it first... by Wakko+Warner · · Score: 2
    Logitech has *everything* first, though. Infrared mice? Yeah, they were doing that back in the '80s. Wheel mice? Back in '95 I think. I wouldn't expect less from a company whose sole purpose is creating pointing devices, though...

    - A.P.
    --


    "One World, one Web, one Program" - Microsoft promotional ad

    --
    "Remember when the U.S. had a drug problem, and then we declared a War On Drugs, and now you can't buy drugs anymore?"
  137. This is a good thing by bubblemancer · · Score: 2

    Some Microsoft divisions do good work. It's the marketting department that screws everybody over, I think--and the business end. Maybe the solution is to force the marketting people to be their own division, and let them set up an agency or something. Then split the rest of the company into OS and non-OS.

  138. Hog-tie the marketers by Anonymous Coward · · Score: 0
    Besides an OS/apps/media breakup, they need to enjoin the Baby Bills against the kind of abusive marketing techniques they now use. Evil marketing practices aren't novel in the sense that technical issues are -- the law is better equipped to handle them:

    No special deals -- prices should be set purely on volume. Forbid bundling requirements and discounts (as in, Windows+IE).

    Everybody (including OEM's and VAR's) should be able to do what they want with the software they buy. Ban MS's requirements on "startup screen" and desktop configuration.

    No mergers and acquisitions for a long time (20 years). Let them try some R&D for a change.

  139. Re: M$ breakup by AME · · Score: 1
    It is a good idea from a security standpoint. But crash recovery could be a problem. And if your password file or key ring get corrupted, good luck.

    --
    "I have a good idea why it's hard to verify programs. They're usually wrong." --Manuel Blum, FOCS 94
  140. Bingo. by Anonymous Coward · · Score: 0

    ... which is about all I will say, since my departure from that company is still fairly recent (love those NDAs hanging over your head)...

  141. So what happens to your average joe retail user? by Anonymous Coward · · Score: 0

    Lets say that Joe Average wants to go out and buy his first computer. Lets examine the choices. He can buy a off-the-shelf major manufactred machine, with either Windows (2000?) or some variant of unix (Redhat Linux, most likely, I've seen them around.) Same hardware, yada yada. So lets look at the cost of the operating system on the machine (after the MS split, this is speculation based off my own knowledge, and from whats been said here on the boards.) Windows 2000 Operating System, single user. $140 This includes a networking functionality, Notepad, WordPad, MS-Chat. (Note price increase from an OS only Microsoft corporation.) They say they want to be able to *do stuff* on the Internet, salesperson points them down the isle. They then go and purchase the software they want/need, because nothing of any real useful value will be allowed to be included with the operating system. They go buy a browser (Is netscape even on the shelves anymore? / Internet Explorer), a mail client (Eudora? Netscape? Outlook Express?), some sort of Mp3/streaming media player. There they go, they're set. $60-80 worth of 'extra' software, on top of the cost of the Operating system. Rough average cost: $200. (Of course, if they sign up with AOL Time Warner, they won't need any of that, because its all bundled with the service. Moot point.) Lets say that they get the Redhat-style machine. $30-60 for the OS. They don't need to buy a mail client or a browser, RedHat comes bundled with a browser. The media stuffage, I'm not sure on, someone will have to fill in that blank. It even comes bundled with StarOffice and a free copy of Oracle 8i. Much cheaper. So, my question is, where is the choice for the user in this situation?

  142. Windows "Distros"? by hey! · · Score: 2

    There is no division. A filesystem is an application, as are memory management, and process scheduling, they just happen to be general purpose applications.

    Well, the big difference though is that these "applications" are necessary to provide a programmatic interface to hardware. For example, a file system is something a user never interacts with.

    Maybe this points to a way to cut the Gordian knot. Maybe Microsoft should be be broken up not not into separate OS/application units, but into two classes of units: a single company which develops APIS, ports them to various kinds of hardware, and licenses them; and maybe two companies that do everything else but are prevented from developing any privately owned APIs. The API company would be prohibited from giving any licensee more access to kernel source code or API information than anyone else.

    These non-kernel companies would essentially be in the business of creating Windows "distributions". They could create their own applications as tightly integrated with the browser or whatever as they like. A company like IBM could license the API implementations and create their own "windows distro" with their own user shell and utility set. Not only big companys like IBM -- anybody who who holds his or her own license for the Windows API set could create their own competing operating system on it.


    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  143. Oh, God... by binarybits · · Score: 2


    I am amazed at some ./ers' tendency to go on absurd power trips without any reference to the actual wrongs being committed. Yes, in an ideal world all software would be GPLed, have perfect documentation, and would have no bugs. But the fact is that writing software takes time and money, writing documentation takes time and money, running a computer store takes time and money, and publishing specification takes time and money.

    What you are suggesting, in essence, is that the entire computer industry be forced to change the way it does business because you aren't satisfied with the way it is being done. You seem to have no respect for the rights of companies or the individuals who make them up. If I want to write code that uses a proprietary API, is undocumented, and only runs on one OS, that's my right. If I want to sell said product, that is also my right. For you to come in and tell me that I'm not allowed to write such code, or to force me to do all kinds of extra work for the priviledge of releasing it, is nothing short of naked aggression.

    There's a reason that a lot of code is not well documented, and it's not just because coders are evil. Writing good documentation is a lot of work, and a lot of programmers are simply too busy to do it. Imposing this requirement on them would reduce productivity and force them to spend all their time filling out paperwork so they can get government approval to release their software.

    I don't even want to think about the enforcement headaches or the massive disruptions this would cause due to people trying to circumvent the law. If such a law were to be passed, I would seriously consider leaving the country. The above suggestion is Orwellian in its implications. It says that you don't have the right to write or sell software unless you did it in a way the government likes.

    I am appalled at this poster's lack of understanding of the way law works. He seems not to have considered that his personal open-source wet dream is not necessarily good law, and might hurt the very people it is designed to help.

    </rant>

    1. Re:Oh, God... by hummer · · Score: 1

      I totally agree. It seems that many of the posters here won't be happy until they hear that the DOJ has ruled that Microsoft should be beaten to a bloody pulp and fed to rabid ferrets.

      Hate Microsoft because of their actions, but don't hate them simply because they're Microsoft. hummer

  144. I belive Everyone is missing the REAL Problem by bittersLG · · Score: 2

    MS's monopoly isn't based on it's OS. It is based on MS Office. The only way to fix this is to force MS to publish the file format specifcations for all of its Office Productifity Applications. These are the applications which force Companies to stay with MS today. Any company that wan't to switch to a "better" platform MUST have the ability to continue communicating with the rest of the buisness world..ie Word, Excel, PowerPoint, Project. I don't care how good a Linux base Office Suite is. If it can't speak MS file formats, it's dead before it hits the door.

    Bart

  145. Tax Rate = Market Share by Morris+Schneiderman · · Score: 1

    "there should be preventative legislation that creates an environment which discourages the formation of monopolies, but like everything in life, need will find a way"

    If your corporate income tax rate was set equal to your market share... There would still be loopholes, but it's a start.

    1. Re:Tax Rate = Market Share by Anonymous Coward · · Score: 0
      If your corporate income tax rate was set equal to your market share... There would still be loopholes, but it's a start.

      This misses the point entirely. Having a 100% monopoly is not necessarily a bad thing. Aquiring and extending a monopoly via unfair tactics (such as leverage between OS and applications software) is. Your solution would punish companies that become monopolies by building the best products at the best prices, as well as those that reach monopoly status via unfair means.

  146. Re: M$ breakup by Anonymous Coward · · Score: 0

    "No more sub $100 OS packages." Is that supposed to be a *good* thing? Once again, this shows that the real purpose of this suit is to steal for MS's competitors (Sun, Nutscrape, etc.) what they could not get in the free market - NOT to help consumers.

  147. Reservations by Chris+Johnson · · Score: 2
    I still think it would be better to break MS up along the lines of legacy OS and modern OS. In particular, W95/98/Millenium are known to be a real mess, but have the overwhelming advantage of numbers- they deserve a company dedicated to the maintenance of W95/98 users, a company that isn't just trying to switch all the people to a new OS (W2K).

    Conversely, W2K deserves its own company. It has virtually zero real marketshare, really severe hardware requirements, but all reports seem to indicate that it is not as bad as w95 :)

    The apps could either go to both companies, or they could all stay with the W95 company. That would be an interesting move- take all the legacy, historical stuff and concentrate it. Make one company that is still hugely powerful and integrated but by splitting off the newer stuff, define the bigger company as a caretaker entity. Make a littler company with nothing but the newer stuff like W2K- and give that one Gates and Ballmer. Such a plan might ironically appeal to them as much as it annoys them :)

  148. Re:So what happens to your average joe retail user by Lxy · · Score: 1

    Actually, the linux OS would probably be free bundled with a PC. If the PC's come loaded with RedHat or Mandrake they'll probably include the manual, install CD, probably that app CD that comes with RedHat, and maybe even the bumper sticker. Since the newer versions of Red Hat have IRC clients, Netscape, X11Amp, and all those goodies you are essentially getting all the same stuff for free. Adding StarOfiice to the mix adds an interesting point. The average consumer sees Windows, Office, Encarta, and all the other addons as "freebies" from the computer manufacturer. Of course, the cost for these is probably in the $100-200 range but the consumer doesn't see that. Most consumers however will understand Microsoft products and may even choose the Microsoft PC just because they're familiar. I like the idea of having a choice when buying a PC, especially if the linux PC is less.

    --

    There is no reasonable defense against an idiot with an agenda
    :wq
  149. More power to Corel! by Lxy · · Score: 1

    Corel linux aside, this is where Corel steps in. We've been running Wordperfect since version 4.0. Wordperfect 2000 outperforms Word in a second. We've been using Lotus since ver 2.3, but are considering switching to Quattro just for the compatibility thing with WP. As an IS tech I know the joys of working with outside vendors who use only MS Office. A struggle, yes. But it's worth the fight. Keep all your versions up to date and you can conquer Microsoft.

    --

    There is no reasonable defense against an idiot with an agenda
    :wq
    1. Re:More power to Corel! by IntlHarvester · · Score: 1

      "Keep all your versions up to date and you can conquer Microsoft."

      True -- most WordPerfect and SmartSuite shops I've seen have been at least one or two versions behind. Consequentally the users are bitching about the lack of functionality and import/export filters. (It's hard to import Office 97 files when you are running SmartSuite 96)

      Usually this is intentional IT politics. They want to switch, but can't justify the cost. So they let the functionality slide a for a few years, and wait for everyone to start begging for MS Office.
      --

      --
      Business. Numbers. Money. People. Computer World.
  150. 98 vs NT vs CE by Anonymous Coward · · Score: 0
    It might be funny to split them into three groups. One with the Windows 9X line, another with the NT line, and another with CE. Apps could be split up between them too. Excel, Word, etc could be randomly sprinkled between the three.

    They would be forbidden to have any closed technology sharing agreements for several years. That would keeps MS busy for a while.

  151. More like :s/legacy/vintage by Anonymous Coward · · Score: 0
    Believe it or not, Hewlett Packard describe their old and out of date, obsolete and unsupported operating systems as "Vintage". HP describes them as having "reached the mature phase of the product lifecycle".

    I guess you are meant to think of them like a fine wine or something. To emphasise the point they have a huge image of a bottle of wine (of indeterminate vintage)

    I've got this nice '94 HP-UX 9.04 machine. I think I'll lay it down in the server room to mature for a bit longer. See if it becomes more stable.

    In my job, I wade through pages and pages of marketing BS every day. A not so nice side-effect is that I can spout it along with the best of them. Describing problems as issues, re-synergising my paradigms to leverage my time-to-value in today's fast moving E-conomy etc etc etc. Someone at HP Marketing at least has a sense of humo(u)r. I wonder if Carly is aware.

    My product is vintage
    Your product is legacy
    His product is obsolete

  152. Yeah by Greyfox · · Score: 2
    The only way to even be a future threat to Microsoft is for thousands of programmers world wide to give their work away for free. And that's assuming Microsoft can't come up with something evil to stop them in their tracks.

    Yeah, that's competitive...

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  153. Um... no by Anonymous Coward · · Score: 0

    Um... "FIRST POST MASTAH"? Don't you mean ASSMASTER?

  154. Re:WWWWWWWWWWWWWWWWWOOOOOOOOOOOOOHHHHHHHHHOOOOOOOO by Anonymous Coward · · Score: 0

    That was like so cool. Have you got any more ?

  155. Re: M$ breakup by binarybits · · Score: 2

    Driving out the competition is exactly the goal in and of itself.

    How does that benefit them if they're giving the competing product away for free as part of the OS?

  156. it's been thought of before... by sh_mmer · · Score: 1

    the idea of breaking MS this way has been discussed in a number of other forums and one of the themes which arises is that while what you propose (so called 'horizontal' breakup) would do the most to kill the monopoly, it also does the least good for the customer for various reasons. there is of course the danger (or the gurantee) that windows would fragment. while that would make joe slashdot happy, it wouldn't actually be much fun for the hoi paloi.

    as for leaving the OS monopoly intact--what of it? the OS monopoly is a perfectly legal thing. what is illegal is for MS to push into other areas (applications, internet content, etc...) by leveraging this monopoly, and that's precisely what the DoJ is targeting. in this case, i must think that it is not the DoJ who needs to get a clue from slashdot, but perhaps the other way around.

    --
    Interested in learning Chinese or Japanese? check out Chinese/Japanese-English Dictiona
  157. Gov intervention worse than MS by Anonymous Coward · · Score: 0

    I can't believe all you freedom loving people want the US government to dictate what MS should do! You could be next.

  158. Re: M$ breakup by binarybits · · Score: 3

    As an aside, I'm not buying the story that Netscape lost to Internet Explorer based on product quality. Internet Explorer won because the consumer usually had no choice but to have it. (Can somebody explain to me why I was required to install Internet Explorer before installing Visual C++?)

    I don't know, but I don't see as it matters. After all, there are *lots* of programs that come as part of the OS, and if Microsoft shouldn't have included IE, what else are they not allowed to include. For purists modern OS's are not OS's at all but merely massive bundles of API's and utilities. But if you stripped Win95 down to its kernal, you wouldn't have much left.

    So sure, the consumer was "forced" to install IE, just like they were "forced" to install Windows Explorer, Notepad, the Start menu, and dozens of other OS components. If we're going to tell Microsoft which products are allowed to be bundled with their OS, why stop with IE? Why not boot minesweeper, telnet, and probably dozens of other crappy add-ons?

    There's a big difference between giving something away for free and being predatory.

    Actually, my impression is that giving a product away for free to undermine a competitor is the definition of being predatory. Which is why it's such a silly concept: all companies do it, there's nothing unethical about it.

    Microsoft can easily pay several hundred people full-time salaries to develop Internet Explorer because that's pocket change to their existing monopoly. Netscape can only do this until they run out of money, which isn't very long given the above situation. In the end, the quality of Netscape's product fell behind as a result. But product quality is not why Netscape lost; poor product quality was the result of their losing.

    So now it's a crime to spend more money on a product than one's competitors? Sure it's "unfair" that Microsoft has more money than Netscape. But that's life. It's downright bizarre that you would fault Microsoft for outspending its rivals to get a better product. Are you saying that companies should make sure they spend the same amount on its products as the competition?

    When you form a business to compete with an industry leader, you'd better have the capital and the determination to stay in business. In fact I think Netscape did that-- they managed to stay ahead of IE through version 3 at least. But today, Netscape is no better than IE, and on the Mac side I'd argue that it's an inferior product. And it's looking like IE 5 will widen that lead. Yes, it sucks for Netscape, but antitrust laws were not designed to protect businesses. They were designed to protect consumers. And the browser wars undoubtedly helped consumers by creating two vastly improved web browsers and forcing both companies to give them away for free.

  159. My view on and MS split by Anonymous Coward · · Score: 0

    If you ask me spliting MS is a good idea but i think a 2 way split would be good. First a consumer software company with it's hooks in the internet. Then a company that controlled software for the busineses. But no bill gates in either company or any upper level microsoft management because of what he did and windows would either have to be given away to a competing company or group of open source developers. Or sold to the highest bidder. Once bill gates is gone much control is gone he is really the one who built the monopoly. Also giving windows to some open source developers would make a monopoly dissappear because, window would no longer be a behemoth and finally under other OS's win32 software would work. Once win32 is free what apple did with carbon could be done with win32. Also I think that Apple should make Cocoa, yellow box or openstep on all platforms and have a universal api that allowed non competition. No need to deny that Openstep is one of the best api's

  160. Re:good news, wrong by Anonymous Coward · · Score: 0

    what could this be win 3.11 a window manager, no It actually was similar to XWin, a set of graphical api's to make graphical development easier and yes a large part of it was a shell run ontop of the api's. by the way it is total crap in that it is 16 bit, without memory protection and crashed more than anything I ever saw. It was close to maybe beta quality software, being a a beta tester for certain things i wouldn't have realeased this software.

  161. COM and DCOM? by Chuck+McD · · Score: 1

    Many SlashDotter seems to be either ignorant of or
    just ignoring major issues.
    For example, who controls COM/DCOM? All
    MS Apps rely 100% on COM, and the OS relies
    100% on COM. The MS APPS group isn't going to
    port Office to any OS that doesn't have
    COM, and whatever OS best supports COM (which
    will be windows) will always be the preferred platform for the apps.
    If you give joint ownership of COM out, you have
    a big mess when someone changes it. You'll have
    the situation where Office runs on old Windows + apps group enhanced com, but apps group enhanced com doesn't work on enhanced windows from OS group.

    While the resulting confusing will certainly cause numerous problems for Windows users, much to the joy of Linux advocates everywhere, I thought
    the DOJ was supposed to be looking out for the consumer.

    Or is this really a "stick it to Bill" solution, and nobody cares if the consumers get screwed?

  162. a better punishment by jafac · · Score: 1

    The Corporate death penalty.

    Revoke Microsoft's corporate charter.
    Put everyone at the director level and above behind bars.

    Let's see them leverage a monopoly there.
    Can you bundle some free sodomy with that license plate? Come on buddy, let's see you innovate this!

    I wish I had a nickel for every time someone said "Information wants to be free".

    --

    These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    1. Re:a better punishment by binarybits · · Score: 2

      Revoke Microsoft's corporate charter. Put everyone at the director level and above behind bars.

      That's the most Orwellian thing I've ever heard. Jailing some of the brightest men in the world for violating a law so vague that no two lawyers can agree on exactly what it means is absurd. That they're even being punished for this is bad enough, but giving them jail time would be a national disgrace.

    2. Re:a better punishment by jafac · · Score: 1

      Um, so had evil genius Hitler no offed himself, you'd think it would be a travesty of justice to prosecute and punish him?

      I wish I had a nickel for every time someone said "Information wants to be free".

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    3. Re:a better punishment by binarybits · · Score: 1

      Adolf Hitlet: Caused a world war, killed millions of people.

      Bill Gates: Writes crappy software, disliked by ./ers. Violates antitrust laws, which most companies do.

  163. What is IE? OS depndancies my Ass by Anonymous Coward · · Score: 1

    Microsoft bought IE when it was called Sprynet , I think and they had 2 versions a mac version and a windows verson. The motivations of these browsers was that microsoft would stuff it's proprietary internet shit in it and make websites incompatible with netscape and other browsers. Lets just say microsoft saw the internet as the future and wanted to make windows and other non threatening platforms the viewers. Why else would you has Jscript, active X, and other microsoft technologies. It didn't really work because netscape a very established browser company didn't just fade into obscurity it is stil very used.

  164. Re: M$ breakup by Anonymous Coward · · Score: 0

    I'm amazed at the ability of slashdotters to interpret everything Microsoft does as evil. If any other company gave a product away for free, Slashdotters would be happy about it. But when MS does it, it's "predatory." Um, yeah. That's because when Microsoft gives away a product, they're paying for it with the billions of dollars they rake in from OS sales. And they always do it to stamp out a competing product. Most of the time, when other companies give products away, it's because they're trying to get recognition. Often, they're paying for it in relatively non-tangible ways, like stock options. (thus, the programmers will work for free - or next to it - for a time, in the hopes that what they're working hard on will make them lots of money sometime in the future.) These companies are making a gamble that they hope will pay off... Microsoft isn't making a gamble, they know that the 95% market share that they enjoy can be used to destroy anything that crosses their path. It's not the methods that are predatory... it's the intentions.

  165. breakup is stupid - here's a better solution by johnrpenner · · Score: 1


    breaking up microsoft is stupid -- it'll be just like the sorcerer's apprentice -- you'll just end up with lots fo little microsofts.

    http://home.earthlink.net/~johnrpenner/Articles/ MicrosoftPeng.html

    The solution to the Microsoft problem lies in this -- that there must be
    seperation of RIGHTS (i.E. Who sets the STANDARDS), and of Economic
    Interest (those who produce the software which EMPLOY the standards, and
    go by them as a guide to create the product of their labour called the
    "Operating System Platform"). So long as they remain coupled, the abuses
    of monopoly power will be able to continue. The solution to monopoly
    problems is to deccouple the FEELING / RIGHTS / STANDARDS DEFINITION
    BODIES - from the PRODUCERS / THOSE WHO PRODUCE WHAT IS DEFINED BY THOSE
    STANDARDS. Microsoft's monopoly has resulted from the ability for a
    proprietary standard to exist. The proprietary standard could not arise if
    you decoupled these two functions. Instead of having the vested-interest
    manufacturer defining their own standards and letting the economic force
    run amuck, it is in the public interest to have economic power trimmed and
    pruned to grow appropriately to what is good for the consumer (the people)
    by the democratic exercise of FEELING, rights, and standards definition as
    a seperate, non-biased entity. A failure to seperate these two will always
    eventually result in a situation where an abuse of monopoly power can
    arise.

  166. Cloning MS would give hardware dominance == bad by Anonymous Coward · · Score: 0
    A point made by Charles Whatsisname, who founded Vermeer Technologies(FrontPage) and sold it to Microsoft, is that cloning the OS and having 3 Windows OS companies would so greatly weaken the positive powers of the MS monopoly, namely that of preventing the hardware manufacturers from creating big and small features here and there that would lead to lock in at the hardware level, instead of just the software level.

    In a worst case scenario, you end up with a permanent balkinazation of the hardware market, similar to what exists now in UNIXs from various hardware vendors.

  167. It's the PLATFORM, stupid. by jafac · · Score: 1

    Yeah, that would be nice, a good solid, legal, binding definition of a minimal OS.

    Problem is, you do that, then the applications side of MS wins. Because the OS loses it's significance, because the monopoly was never about the OS, it was about the platform, which demands a very blurry line between OS and applications, which includes MS Office, IE, the file-formats, Exchange Server and Outlook, Microsoft Visual C++, and Visual Basic, etc.

    But this is the very reason why splitting Microsoft like this won't work. Because you have to define the cut-line to be at a place that doesn't make sense technically. The cut-line has to be arbitrary, and in the software business, every time either company comes out with a new product, you're going to have to get some government official involved to bless it. So the line gets constantly tested, streched, bent out of shape, and redefined.

    IOW, it simply wont work. But I guess the DOJ is hell-bent on trying to prove me wrong. I hope to God I am wrong.

    I wish I had a nickel for every time someone said "Information wants to be free".

    --

    These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  168. Re:So what happens to your average joe retail user by warmi · · Score: 1

    Yeah. Very smart. MS is forbidden from bundling IE with Windows but Linux vendors can go ahead and do the very same thing ?
    Bullhshit.

  169. The problem with documenting the API... by Oblio · · Score: 1

    ...Is that no matter how well you do it, it will never compare to having the source.

    They can document the interface as well as they want (I actually think they do a fairly good job with most of the Win32 SDK), but without knowledge of the implementation, or concrete knowledge of API interdependence, you can easily get burned.

    In the long term, the main advantage of splitting out the OS from the rest of the company would be to force them to have the same access to the source that the rest of the industry has.

    As it is, I would do _much_ to get my hands on the source for GDI or RichEd32 source. I can't count the times that RichEd AV's on me for no reason that I can see. :/

    --
    Pax -- Ob
  170. DR-MDOS (marginally o/t) by Mija+Cat · · Score: 1

    Once upon a time, Digital Research wrote a nifty little OS called CP/M. They then extended it to run multiple instances of CP/M on the same box - Concurrent CP/M.
    Then, they updated it to handle MS-DOS 3.0 calls, C-DOS.
    Then they updated it with better memory management, better MS-DOS support (3.11 calls) and even came out with a single-instance version most of us remember as DR-DOS. (see also Caldera)

    Long story short, DR got bought by Novell, who didn't want M-DOS. They sold it to three companies, one in Europe, one in the U.S., and one in Australia. Those groups were free to tweak and innovate, and charge for support.

    Last I heard, the European group had made some damn good improvements, and were gaining market share there and in the U.S. while the U.S. group were just sucking wind.

    Long story short, there are precedents for the type of split MS really needs - MS-OS-1, MS-OS-2, MS-OS-3, MS-Apps-1, MS-Apps-2, MS-Apps-3, MS-Inet-1, MS-Inet-2, MS-Inet-3, etc.

    --
    Yes, that's really my e-mail. Don't change a thing.
  171. Re: M$ breakup by Anonymous Coward · · Score: 0
    Are you saying that companies should make sure they spend the same amount on its products as the competition?

    AME is not saying that, but disagreeing with the claim made by M$ apologists that IE's market share has nothing to do with M$' tactics and is only due to the superiority of the product. Don't put words into peoples' mouths please.

    ...but antitrust laws were not designed to protect businesses. They were designed to protect consumers. And the browser wars undoubtedly helped consumers...

    Back to the M$ party line: everything we do is to benefit the comsumer. Oh, aren't they sweet. Well, making a competing browser helped consumers, for the reasons you cited. But if you think M$' other tactics helped consumers, you obviously haven't read the Finding of Fact. (They have Acroread for Windows, you know.) There you can read about all the consumers who wanted Netscape pre-installed on their systems, but couldn't get it due to M$ licensing agreements. Or the OEM who had trouble maintaining profitability because of the costs of providing tech support to all the customers calling asking where Netscape was. (IANAL, but I believe that businesses that are downstream from a supplier are considered consumers for the purposes of antitrust law. Remember that most of the charges against the early trusts involved their effects on business consumers rather than on individuals.) Or how heavily integrating IE into Windows98 made it difficult for consumers to control their kids' access to the internet, since IE would pop up in all kinds of situations.

  172. Re: M$ breakup by Jherico · · Score: 1
    So sure, the consumer was "forced" to install IE, just like they were "forced" to install Windows Explorer, Notepad, the Start menu, and dozens of other OS components. If we're going to tell Microsoft which products are allowed to be bundled with their OS, why stop with IE? Why not boot minesweeper, telnet, and probably dozens of other crappy add-ons?

    None of these other programs act as a barrier to third parties or even Microsoft itself selling other products in the same arena. No copy of Notepad ever prevented someone from buying Word or some third party text editor that has some of the many features notepad lacks. Minesweeper doesn't make it harder for people to write game software for Windows, and the bundled telnet software doesn't keep me from purchasing a good terminal program. These are all examples of applets, small programs of limited functionality and usefulness that prevent Windows from being just a hunk of dead weight on install.

    Internet Explorer is another matter entirely. Its very presence and behaviour make it difficult for a competing product to gain any market share. Personally I loved Netscape Navigator, but after it got caught up in the browser war, I eventually switched to IE, partially because I was tired of dealing with the two trying vying for control of all the HTML file types and partially because with all the effort MS poured into IE, it actually became a better product in some ways.

    --

    Jherico

    What can the average user can do to ensure his security? "Nothing, you're screwed"

  173. Re: M$ breakup by binarybits · · Score: 2

    AME is not saying that, but disagreeing with the claim made by M$ apologists that IE's market share has nothing to do with M$' tactics and is only due to the superiority of the product. Don't put words into peoples' mouths please.

    Then why did he bring up the fact that Microsoft outspent Netscape?

    They have Acroread for Windows, you know.

    I love how people can't distinguish between liking a company and standing up for its freedom to innovate. For the record: I avoid using Windows like the plague, do not own any MS software, and in general think they make crappy products. In the case of browsers, however, they did a decent job, and Netscape did a pretty rotten job for the last couple of years.

    you obviously haven't read the Finding of Fact.

    Sure I did. I just disagree with its conclusions.

    There you can read about all the consumers who wanted Netscape pre-installed on their systems, but couldn't get it due to M$ licensing agreements.

    My impression is that they simply required that the IE icon be on the desktop and Netscape's not be. Some liscences might have been different. But even if it were true, so what? How hard is it to go on the web and download Netscape. And if you're not computer-savvy enough to do that, does it even matter what browser you're using?

    Or how heavily integrating IE into Windows98 made it difficult for consumers to control their kids' access to the internet, since IE would pop up in all kinds of situations.

    How is that related to unfair business practices? This sounds to me like an OS design issue, not a legal one. After all, if Microsoft writes a buggy Window manager, or an insecure telnet client, or any number of other lousy features, that's a bad thing, but it's hardly illegal.

    Microsoft did a great many things, and yes, consumers probably would have been better off had Microsoft done things differently. But consumers are far better off than they would have been had Microsoft not written a browser and integrated it into Windows. The problems you cite a piddling in comparison the the benefits competition brought to the browser market.

  174. Re: M$ breakup by binarybits · · Score: 2

    None of these other programs act as a barrier to third parties or even Microsoft itself selling other products in the same arena.

    Sure they did. Fewer people are going to buy a telnet client if they have one for free. Ditto with Notepad and Minesweeper. Granted, those applets are much simpler than IE, and so they probably had less effect, but that's a difference of degree, not any fundamental difference that merits legal distinctions.

    partially because with all the effort MS poured into IE, it actually became a better product in some ways.

    In other words, they produced a better product, and you switched to it. That's really the bottom line. So they made a better product, and you chose to use it. What is there to complain about?

  175. Re: M$ breakup by Anonymous Coward · · Score: 0

    How does that benefit them if they're giving the competing product away for free as part of the OS?

    Just because a product is bundled with something else for no additional cost, doesn't mean it's free. If I "give away" Cars, with the purchase of a new key, it sounds like a good deal until I tell you that the keys cost $25,000.

  176. Re: M$ breakup by binarybits · · Score: 2

    It's not the methods that are predatory... it's the intentions.

    And that's fundamentally why I object to the whole thing. Legislating on the basis of intentions is a dangerous business, and I think this is a case where the crime is not so much anything specific MS did as it is the general fact that they have pissed people off. Microsoft hasn't done anything that many other companies have done, but because they do it better than those other companies, they are dispised. I think law should be objective, clear, and apply equally to everyone, and antittrust law is not and does not.

  177. Re: M$ breakup by binarybits · · Score: 2

    OK, so how does Microsoft get money from the Mac and Win95 users who download the product for free?

  178. Re: M$ breakup by Anonymous Coward · · Score: 0

    I don't know, but I don't see as it matters. After all, there are *lots* of programs that come as part of the OS, and if Microsoft shouldn't have included IE, what else are they not allowed to include. For purists modern OS's are not OS's at all but merely massive bundles of API's and utilities. But if you stripped Win95 down to its kernal, you wouldn't have much left

    Except that Windows 95 is a Microsoft program, and therefore has a HUGE kernel. :)

  179. Re: M$ breakup by Anonymous Coward · · Score: 0

    Of course, they don't get money from users who download IE for free. But, since they are covering the costs of IE development from sales of Win98, distributing it to other platforms doesn't cost them much, but it does provide them with marketing ammunition (ie, increased market share) to slam their competitors with. Also, just because IE is freely available now, doesn't mean it always will be. Once the competition is gone (ie, netscape), what stops them from charging for IE?

  180. Re: MS breakup by Anonymous Coward · · Score: 0

    Compaq doesn't push MS Office. MS Works, maybe, on the consumer versions, but it's a small version of the office suite pie.

  181. Re: M$ breakup by Anonymous Coward · · Score: 0

    You used the term "freedom to innovate". Big mistake, we now know you are on the MS payroll.

  182. MS imitates death star by chaotic · · Score: 1

    who cares? Shoddy, second rate, over priced products. A constant reminder of why my firm runs IRIX, Solaris, and Mac OS9.

  183. Communist Brilliance by bago · · Score: 1
    This is good. You, Private company A! you must change your business practices, violate your contracts, and sell Alternate products that we mandate.

    After, Government DOES know best.

    --
    .
  184. Re: M$ breakup by Anonymous Coward · · Score: 0

    So that could mean no more sub $100 OS packages and no free browsers.
    MS has already done away with the sub $100 OS. W2K is going to be selling for over $200. As far as free browsers go, MSIE was never free, it cost plenty, almost cost us a free internet!

  185. Re: M$ breakup by binarybits · · Score: 2

    But, since they are covering the costs of IE development from sales of Win98, distributing it to other platforms doesn't cost them much, but it does provide them with marketing ammunition (ie, increased market share) to slam their competitors with.

    So the sales of Win98 were increased by including it in Windows? Does that mean they were simply providing an added feature to the OS?

    Once the competition is gone (ie, netscape), what stops them from charging for IE?

    Um... iCab, Opera, Mozilla, Lynx? Besides, Netscape is free. What's going to stop people from continuing to use it forever?

  186. it wont do anything by serialk · · Score: 1


    what would this accomplish ?

    they would become richer while gaining more power

    like any other company this happened to (att,

    standard oil).

    of course m$ would want this over most other

    options because they know if it was broken up

    the results

  187. What would happen by SolidGold · · Score: 1
    If Microsoft were broken up into an application company and an OS company, MS Office would be ported to Linux in a jiffy.


    --SolidGold

    --

    --SolidGold
    Everything you know is wrong. Or more accurately, inaccurate.

  188. Encrypted File System in Windows 2000 by Anonymous Coward · · Score: 0

    Windows 2000 offers EFS. Check out Microsoft's web site about Windows 2000. Some schmucks came out a while back and said they had already found a way around it. That's because they did not RTFM. They implemented it wrong, and did something that is specifically warned against in the documentation.

  189. Awww by Tomahawk · · Score: 1

    Hey, I thought this was funny. At least in the context of replying to the message I replied too. Damn, lost Karma points over this now. Some people just don't know how to take a joke.


    T.

  190. Irony... by GizmoDuck · · Score: 1

    Forgive me for not reading every article on the list, but did anyone else notice that the report on the DOJ response to the rumors was linked to a MSNBC article?

  191. You've missed the point by BeanThere · · Score: 1

    "I don't know, but I don't see as it matters. After all, there are *lots* of programs that come as part of the OS, and if Microsoft shouldn't have included IE, what else are they not allowed to include. For purists modern OS's are not OS's at all but merely massive bundles of API's and utilities. But if you stripped Win95 down to its kernal, you wouldn't have much left"

    You've missed the point. There is nothing wrong with distributing applications (Paint, MSCalc, Notepad etc) with your OS. The integration of IE is VERY different, in the sense that when you install Windows, you do not have the option of not installing IE - you have to install it - whereas all the other applications (Calc, Minesweeper etc) can be uninstalled with no hassles at all. There is a big difference between these two categories of applications. You are not forced to install stuff like Minesweeper.

    The main reason this is "wrong" is that it was done for no good techical reason - this "integration" was done only for the purpose of pushing Netscape out of the browser market. Simple as that.

    1. Re:You've missed the point by binarybits · · Score: 2

      The main reason this is "wrong" is that it was done for no good techical reason - this "integration" was done only for the purpose of pushing Netscape out of the browser market. Simple as that.

      But then you're left with the government tro determine the intentions of a company, and deciding what constituttes a "good technical reason." I'm not comfortable with the government second-guessing software companies and demanding that they prove they have a "good technical reason" for adding a feature. In Microsoft's case, it was probably largely to compete with Microsoft, but integrating a browser into the OS is not a bad idea. After all, in the old days many programs like the TCP/IP stack were seperate and are now included as the default install. If you don't like the Windows TCP/IP stack, I doubt it lets you install without it.

    2. Re:You've missed the point by BeanThere · · Score: 1

      "I'm not comfortable with the government second-guessing software companies and demanding that they prove they have a 'good technical reason' for adding a feature"

      Good point, but I'm not comfortable with Microsoft making those decisions, since they don't seem to make decisions based on technical merit at all. This seems to be the general case for any company with a monopoly in a given market, and the government has in the past successfully made the right decision many times in "untying" products which should never have been tied together in the first place. I believe they are still capable of making that sort of decision, even though software is a bit more complex. From my personal interpretation of the findings so far in the antitrust trial is that the Judge seems to have a pretty good idea of what the underlying issues here are.

      The TCP/IP stack doesn't really fall under the Sherman antitrust laws, since there isn't really a market for "TCP/IP stacks" by themselves. I have never heard of anyone wanting to go out and buy a TCP/IP stack, but many people I know have gone out and bought a desktop operating system, which is the market at issue in the trial.

      Supplying a web browser with an OS is a good idea. I agree. "Integrating" a web browser application into an OS is (in my opinion) without technical merit; and as has been pointed out in the FoF, a not insignificant number of clients require the OS without the browser for various reasons. In other words, two seperate products.

      Windows has never been so slow as when they decided to "integrate" IE. Every day my PIII 450 with 256 MB RAM drags along like a crappy 386.

      Yes, software companies hsould be allowed to make their own design decisions. But they are not exempt from the same antitrust laws that apply to other markets. Neither is the software industry immune from the same dirty tactics that require those laws.

  192. Re: M$ breakup by alangmead · · Score: 1

    Most people would read the sentence Three separate company would need to be profitable on their own. in front of the sentance So that could mean no more sub $100 OS packages and no free browsers. and realize that the second was building on information in the first. Its the company that aquires the Windows OS division that will be unable to market an OS in that price range. Of course Linux will be able to continue what it does.

  193. The Name Game x 3 by lushmore · · Score: 1

    The question is not "Will MS be broken up?" but rather "What will the baby Bills be called?" It would be interesting to speculate on what they will be name. If they get Landor involved, maybe we'll end up with Officent, Internent, and Crashilent.

  194. Stopping Microsoft by Anonymous Coward · · Score: 0

    In my opinion, the best way to get past Microsoft, is not only to break up the company, but to make ALL code open source.

    By only breaking up the company, Microsoft will surely become an oligopoly, maintaining its stranglehold on good computing. Milking firms with yearly updates 'Windows 2001 (a hdspace odessy), 2002, 2003, 2003a, 2003b, 2004...)' and fixes that fix one problem and cause another.

    Keeping the source OPEN will allow 'actual' competition in the OS market and software industry. With open source, several software companies can take compete fairly and with 'innovation' correcting many of the all too well known bugs, and improving windows to make their own version more competitive. Some companies (maybe even the US government) would even keep their source code open and allow individual programmers to get their hands in. The US government may even keep an open source standard OS, which the public at large can use, and all firms can efficiently write software to.

    Open Sourcing would also open many of those 'wtf' holes in the current 'Windows OS' with unknown lines of code which only go by suspicious names, CIA$^^.frk .. or something.. and sooth untrusting computer users.

    Microsoft must be stopped, competition must be risen from the dead. Open Sourced code allows for more innovation, and in its own right competition then the bloodsucking, sometimes even whole body takeovers currently employed by Microsoft. We must, for the sake of healthy economics and practical computing, OPEN the secret doors to the SOURCE of Microsoft.

    gas@thespark.com

  195. Re:great post !! hear hear!! by Anonymous Coward · · Score: 0

    this is the first sensible opinion i have heard