Slashdot Mirror


Microsoft Tweaks Desktop Icon Licensing in XP

jeffy124 writes "Microsoft has made a slight adjustment to their recent change in OEM licensing in a direct response to AOL's hijacking of the desktop. The gist is show MSN's icon too, or don't show any." As jeffy124 points out, this comes, more or less, straight as a reaction to the AOL-Compaq deal.

242 comments

  1. Please learn something by Anonymous Coward · · Score: 1

    If you don't know what "fair use" means, please stop throwing the term around to try and sound smart. It just makes it harder for other idiots to learn what it really means.

    In no way, shape or form is this any sort of "fair use" issue.

    1. Re:Please learn something by khuber · · Score: 1

      Fair use is a copyright term. So it applies
      to copies and making copies for personal use
      and so on. I was not using it in that legal
      sense, but in the colloquial sense which seems
      to be emerging. The colloquial usage just means
      what can I legally do with this thing I purchased?
      <br><br>
      Of course you could have explained your position
      and the meaning of "fair use" instead of being a prick about it. And I don't think knowing the
      legal definition of "fair use" has anything
      to do with being smart, certainly not in your
      case.
      <br><br>
      -Kevin

  2. New BSA letter. by Anonymous Coward · · Score: 1

    Dear Small Business Owner,

    In order to access the internet from a computer running any version Microsoft Windows, you must have a valid MSN account. You do not appear to have a valid MSN account and now have 30 days in which to obtain a valid MSN account.

    Please contact us within 30 days with your MSN account number or your current internet access will be terminiated.

    Sincerely,

    Bill Gates
    BSA President

    1. Re:New BSA letter. by wljones · · Score: 2

      Dear Mr. Gates:

      Your insistence that I obtain an MSN account puzzles me. First, the only windows I use is a variant of X Windows called XFree86. I tried a Microsoft version of windows, but it was so unstable it would not even run Microsoft software without crashing. The first time I tried to upgrade, the price of the upgrade was three times as much as a stand-alone operating system called Linux, sold by several vendors, each proclaiming advantages over the others.

      I bought the Microsoft upgrade, and installed it. After a few attempts, the upgrade OS asked me to put in the disk for the old OS from which I was upgrading. Then it asked for obscure numbers from arcane locations. Then it wanted to be registered on the Internet before the Internet connection was even activated. After going through all of this, and rebooting the computer several times, I finally got a tutorial. When the tutorial was finished, I tried to run one of my old programs. It would not run on the upgrade, and the data would not transfer because the program version that came with the upgrade had a data format incompatible with my existing software. Both versions came from Microsoft. I tried some other programs. A few ran, a few brought the "Blue Screen of Death", and a few from Microsoft and others crashed because they tried to perform an illegal operation.

      After this disgusting demonstration of an operating system unable to handle even the simplest errors, I went back to the vendor and bought a version of Linux featuring many utilities from the Gnu project. It took some time to learn, but the manuals and on-line help files were clear, and source code was available to check out the tough questions. Crashes are history, as is anything with the Microsoft name. Kindly address any communications telling me to use Microsoft products to the Dead Letter Office of the United States Postal Service.

      Regards,
      William L. Jones, PE

  3. Re:I know I'm preaching to choir by Anonymous Coward · · Score: 1

    Yep, and your comments are right on. What Microsoft keeps forgetting is that they don't *own* Compaq (or at least not enough of it to have any kind of meaningful control, from strictly a stock ownership standpoint, never mind the politics for the moment). Compaq has had a business relationship with AOL for many years, and AOL has business relationships with many computer vendors, some of whom like Compaq actually lower themselves to selling products that include Microsoft's so-called "operating systems". So, when Compaq decides that it wants to sell some of its own products, configured in a way that it feels makes good business sense in that they will be attractive to the market that they're trying to sell to, it's not up to Microsoft to try to dictate what those products will look like.

    AOL does not publically discuss their server and network configurations, but you can comfortably assume that most of their systems are not Wintel systems - there are a lot of UNIX boxes of various types (and which are far more scaleable than MS' offerings) - and they are not tied to one vendor.

    In other words, Michael Capellas finally took enough vitamins and good advice and told Bill Gates to shove it. MC is trying to be responsible to Compaq's stockholders, not Bill Gates, for once. Compaq makes more money (despite a very poor market at the moment) off of products using its own operating systems than it does from those that use Microsoft's.

    What's hilarious is that, as others have pointed out, Bill Gates and his minions have once again demonstrated their tunnel vision and have just created another PR debacle for themselves. That, in itself, gives Compaq all the more reason to stand up for itself and not be so closely identified with a convicted felon that has already tried (as revealed in sworn testimony in court) to screw Compaq in a variety of situations.

  4. The thing to understand... by sheldon · · Score: 2

    Is that Microsoft listened to feedback from users and have designed Windows XP to have very few icons on the desktop. I haven't installed the latest beta but I think it may only have like one icon. I am not sure exactly why but I suspect it's because a large number of Win9x enabled desktops shipped with a whole lot of clutter and users didn't like that.

    So Microsoft has said that icons should be only placed down in the Start Menu. It's very easy in recent versions to drag these icons down into the start tray or off onto the desktop, if the user wants easy access to those apps. This is a change from the way Win95 or NT4 worked.

    So this is really about User preferences.

    Now AOL has come out and said that they are going to not only install their broken piece of shit software on the machines, they are also going to spam the desktop with lot's of useless icons. Obviously they don't get it, but then they never have.

    I don't understand Microsoft's position as to placing MSN icons out there as well. I guess they are taking the attitude... Well if you're going to destroy our OS, we want to be part of it.

    Personally I'd rather just have a computer ship with a clean OS, and if they want to include extra crap to make my life easier, just throw a CD in the box and if I want it, I'll install it.

  5. Using a computer instead of using menus... by Svartalf · · Score: 2

    I'm not bashing, but I will make this observation...

    StarOffice, Corel Office, and Applix Office happen to have consistent within themselves menus. Many of the other apps have menus that are consistent with the rest of things.

    I'll bet your complaint is less that the menus aren't standard and more that they're not the way Windows presents them. But you never stop to think about that- you're so used to Windows you don't think about anything of the sort.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    1. Re:Using a computer instead of using menus... by cougio · · Score: 1

      But of course! When he says 'standard menus', he refers to Microsoft(R) StandardMenu(TM), what do you think? --grin--

      "All your base are belong to U.S." -George W. Bush

  6. Offer different pre-install options... by Svartalf · · Score: 2

    If Microsoft's stuff is as easy as they claim it is, you can offer installation services a' la Dell Plus for an extra charge. You could also offer install packs that blast the image out (Hell, if you're working with an OEM, you're already doing that!) on demand and in 15-20 minutes they're ready to rock- no matter which OS they want.

    Saying that it'd kill the sales is disingenious- there's ways of carrying through with the suggestion that users and OEMs can not only live with, but would find workable just the same.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    1. Re:Offer different pre-install options... by SGDarkKnight · · Score: 1

      of course its easy to put in a windows cd and simply let it boot up. then the only thing the person has to do is let the program install. and your done, the problem comes with the drviers being installed; which is where the image cd's come in very handy for customers, since it take the burden away from them trying to install it all themselves.

      "Saying that it'd kill the sales is disingenious- there's ways of carrying through with the suggestion that users and OEMs can not only live with, but would find workable just the same."

      with that comment, the only thing i can say is try selling a computer to a person who has never owned one before, then selling them a copy of windows 98 seperate. how long do you think it will take before they are calling you up saying the computer they just bought dosn't work. you can ask the simple question "did you install windows on it yet sir?" and of course the answer is going to be "how do you do that". Then here comes the telephone support, spending the next couple of hours on the phone trying to help the poor guy out; or you could tell him to bring the system back and you will install it for them, but wait, there's a catch, you have to charge him for it and of course they are not going to want to pay for that service becuase it should have been included. So now you decide to please the customer and install it for them for no charge, and presto, you have now lost you profit on the machine you just sold. unless of course you take it back, give him his money back and just eat the time you spent building it, selling it, and then taking it back... but hey, if you think that won't kill your sales, then by all means, go ahead and do it.

      --

      ...A no smoking section in a restaurant is like having a no peeing section in a swimming pool...
  7. Can't do that one... by Svartalf · · Score: 2

    The license has to be with whatever installation of MS' product goes out. What they COULD do, however, is pre-package the system installer images with the machines going to Windows customers and let the system installer CD do the install work for them- no fuss, no muss.

    But that would be a problem with the deals they made with MS, now wouldn't it?

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  8. just throw error messages, like the good old days by wardk · · Score: 1

    MS is so used to being a total monopoly that they can't even imagine playing (let alone winning) a game that has an even playing field, or where everyone uses the same rules.

    Why don't they just get nostalgic and throw false error messages anytime anyone uses any blasphemous icon, offering to create a pious ms icon in it's place?

    the cash from msn subscriptions should more than pay for the court settlement years after the fact.

  9. Re:Double-click by bill_mcgonigle · · Score: 1

    Get a copy of the Mouse Basics Hypercard stack that came with the B&W Macs. It still runs. I encourage all new computer users to run through it, since it actually teaches people how to use a computer. Why isn't this shipped anymore on Macs? Why don't Windows computers come with one? There wasn't much to it. Probably the same resons noone ships manuals or disks anymore.

    -----
    My God, it's full of source!

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  10. To determine if MS is abusing it's monopoly .... by dustpuppy · · Score: 2
    you can apply the monopoly test (something I made up):

    If all MS produced was the OS, would they be upset by people bundling their icons (or software) on the desktop?

    I would say the answer is 'no'. Why would they? If they were only producing an OS, it would be in their best interests to be as open (as in well documented and with known standards) as possible, to allow as many people to hook into their OS as possible and to allow people the flexability to do as they please with their OS.

    The more people that can utilise the OS and the more they find the OS useful, the more OS product they sell.

    However, MS doesn't think like that because it has an agenda - ie to sell it's other products. And as we all know, it does this by locking out other competitors. That is an abuse of your monopoly powers.

    So in this situation, I would argue that MS should have no say as to what people want to install as icons on their desktop - to do so is to once again abuse their monopolistic position.

  11. What about fair use? by khuber · · Score: 2

    The thing that bugs me about this is that Microsoft is basically telling OEMs how to use the software that they have paid for.

    This seems very harmful to consumers.

    One defense Microsoft does have though is that they should not be expected to provide support for any non-MS software preloaded by the OEM. So the burden should be on the OEM to clarify this.

    -Kevin

    1. Re:What about fair use? by HiThere · · Score: 2

      As often as it is to their short term advantage. Or long term, of course, but they don't notice that quite as often.

      Notice: The customers advantage is totally irrelevant here. They don't really intentionally hurt themselves to hurt their customers. It just feels that way.

      Caution: Now approaching the (technological) singularity.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:What about fair use? by Pahroza · · Score: 3

      Don't forget the following though. They didn't purchase the software, simply a license to use it as described by Microsoft.

      Do I agree that it should be this way? No. I believe as probably most of you do, that if you DO purchase closed source software, you should be able to use it any way you see fit.

    3. Re:What about fair use? by Galvatron · · Score: 2
      One defense Microsoft does have though is that they should not be expected to provide support for any non-MS software preloaded by the OEM.

      Well, Microsoft doesn't provide support for Microsoft software preloaded by the OEM, so this hardly seems like an issue.

      Oh, and by the way, fair use is only a default condition, it can be overridden by a contract, such as in this case. If books had shrinkwrap licenses, they could restrict your fair use too.

      The only "intuitive" interface is the nipple. After that, it's all learned.

      --
      "The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
    4. Re:What about fair use? by japhmi · · Score: 1
      they should not be expected to provide support for any non-MS software preloaded by the OEM.

      If I remember correctly, they don't even support MS software on an OEM machine. If you have a problem with Windows on your OEM machine, you call that OEM for support.

      --
      "Giving money and power to government is like giving whiskey and car keys to teenage boys" P. J. O'Rourke
    5. Re:What about fair use? by C0vardeAn0nim0 · · Score: 2

      This "license to use it" may be legal in US, but may not be in other countries.

      IANAL, but my brother is, and I discussed this with him. The OEM (like compaq, IBM, etc) is not buying or licensig the software here in brasil, he is just RE-SELING it to the final consumer, who IS NOT bound by Microsoft's EULA, and you know why ??? Because there's no signature in a paper...

      MS's EULA is a contract, and contracts are valid only with both partie's signature.
      One solution to the OEM would be instaling some kind of "wizard" on the machine and tell MS that the wizard is suposed to show the user how the hardware works, give the user an intoduction to Windows and "Help him configure the system". Then this wizard could simply wipe MSN's icon from the desktop if the user clicks "yes", and that's it...

      In US MS may have some legal tool to prevent this, like including in the EULA that the final user can't remove the standard icons, but as I said, MS's EULA is VOID in brasil (and probably in other countries too). Here the user can do whatever he wants, including reverse engineering and decompile. Copyright laws prevent the user from copying the software, just like it prevent someone to produce and sell an exact replica of a car, but one can still disassemble the engine to see how it works...

      --

      --
      What ? Me, worry ?
    6. Re:What about fair use? by Lonath · · Score: 1

      The thing that bugs me about this is that Microsoft is basically telling OEMs how to use the software that they have paid for. ROFL...you don't have the right to use your property. If you did, software patents wouldn't exist.

    7. Re:What about fair use? by HugeMidget · · Score: 1

      Forget OEM's....I still hate it when I install windows 98 and meaningfully click to not install "Online Services" and when windows finally starts up for the first time - baaam! 'Online Services' folder right there on the desktop. Of course MSN is sitting on the desktop as well. I guess you have to double-click to get to the AOL and AT&T crap. Of course it really doesn't matter because it can be deleted just as easily as it is put there. I would guess that most people getting on the internet are going to use what their friends use or one of the 50 AOL cd's they have received in the last month or so.

  12. Re:I sorta see Billy's point... by Rob+Kaper · · Score: 1
    1) The grocery store does not own Coca-cola. If they change what is inside, even if they notify the customer, it is food-tampering.

    They don't sell 'Rum and Coca-Cola' or any other mixed drinks in your country?

    Reselling is often *all about* making a few changes and enhancements to a product. Whether that be a more convenient location to buy it, services or an icon to a vastly superior and corn-flake compatible ISP.

  13. It's Not Illegal to Have a Monopoly, but... by Bilbo · · Score: 1
    One important thing to remember: It is not illegal to have a monopoly.

    In other words, even though people don't like MS's monopoly over the OS market, that by itself is not the problem.

    But...

    The real problem, as was so well pointed out in the above post, is that it is illegal to:

    • Use your monopoly power to charge higher prices for your products than you would otherwise be able to charge, and...
    • Use your monopoly power in one market to extend your power in another market.
    This is the reason the whole Netscape issue was so important, because MS was shown to have used its monopoly in the OS to extend into the Applications (specifically, the browser) market.

    Now, it's happening all over again... in the ISP market. If left unchecked, it should be a pretty simple matter for MS to crush AOL as an ISP, by simply making it far easier to install MSN than it is to load AOL.

    MS wants to control the Internet, as can be seen by their plays in .NET and Hailstorm, and they will go to any length to get that power.

    --

    --
    Your Servant, B. Baggins
  14. Re:What about the GPL? by Lemmy+Caution · · Score: 1

    Ford may have a right to tell Ford dealers that they can't put GM signs up on their walls, or risk losing the right to sell Fords.

  15. This is "Insightful"??? by ch-chuck · · Score: 2

    But after they've sold their product to e.g. compaq or AOL. they should be able to do with it whatever they like.

    They don't 'sell the product' - they sell a 'license to use' the product - anyone who doesn't understand that difference shouldn't even be participating in the debate, let along being modded 'insightful' - more like 'clueless'.

    If you buy a license, the product remains the property of Msft. Corp.

    Should a theatre that bought the rights to show "Planet of the Apes" be allowed to 'do anything they want' with it? Like re-edit it? Put ads for the local hardware store in it?? Of course not- the movie is still the property of the production company or whatever, not the theatre that is charging per-seat tickets to view the movie. Now a theatre could actually purchase the product and do whatever they want with it, but it's going to be VERY expensive because the owners will want the production costs plus whatever profits they expect to get in the future from second run theatres, videos, television, mktng tie-ins, etc. etc. etc. Similarly, Compaq could purchase XP from Microsoft and do whatever they want with it but it'll be very expensive and would ammount to a corporate takeover of msft.

    The real question in the courts is how much can companies like Msft can use their license terms for monopoly maintenance and abuse?

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
    1. Re:This is "Insightful"??? by innocent_white_lamb · · Score: 1

      I own a movie theatre.

      Most exhibition contracts specify that the theatre must play the movie with no breaks (intermissions) due to anything other than mechanical failure. Also, you are allowed to show STILL SLIDES advertising other things before the start of the show, and show movie trailers for upcoming features at the beginning. Period.

      No moving pictures advertising any products other than movies are allowed. So you can have a slide advertising Joe's Corner Hardware, but not a "trailer" or "short" advertising the same.

      --
      If you're a zombie and you know it, bite your friend!
    2. Re:This is "Insightful"??? by innocent_white_lamb · · Score: 1

      A movie theatre in I-can't-remember-where recently had their print of The Center of the World impounded and removed by Artisan Entertainment because they had removed a few seconds (7?) showing an explicit sex act.

      Unauthorized editing is not permitted by the exhibition contract.

      --
      If you're a zombie and you know it, bite your friend!
    3. Re:This is "Insightful"??? by clare-ents · · Score: 2

      "
      Should a theatre that bought the rights to show "Planet of the Apes" be allowed to 'do anything they want' with it? Like re-edit it? Put ads for the local hardware store in it??
      "

      However, here the film company are specifying the make of cola that can be bought in the foyer.

      --
      Only two things are infinite, the universe and human stupidity, and I'm not sure about the former. (Einstein)
    4. Re:This is "Insightful"??? by shotfeel · · Score: 1

      I forgot to add the fact that many networks do edit shows/movies for both time and content.

    5. Re:This is "Insightful"??? by shotfeel · · Score: 2
      Should a theatre that bought the rights to show "Planet of the Apes" be allowed to 'do anything they want' with it? Like re-edit it? Put ads for the local hardware store in it??

      Hate to tell you this, but many theatres do show local advertisements before the movie.

      From a different perspective, do movie studios dictate what advertisements can be shown during a movie they've licensed to a network?

  16. Re:I sorta see Billy's point... by makohund · · Score: 1

    No, it's more like McDonalds trying to tell me I'm not allowed to dip my McNuggets in any sauce except theirs.

    Or that I MUST take their sauce, and dip my nugget in it before each bite. Even if I prefer to use my own sauce, or just plain don't like them with sauce at all.

    It's also like them telling me that I can't take their nasty tomato off of their burger, even if I want to put a slice from one of my homegrowns on it instead. I'm permitted to put my nice tomato on it if I like, but the slimy razor-cut one they provide must stay. (Their tomato will be on the burger, or there will be no tomatoes at all.)

    It's also like a local burger shop buying their buns from McDonalds (wholesale or whatever) only to discover they come with the "special sauce" pre-smeared on them. And they're not allowed to try to scrape it off. (Not to mention that nobody else sells buns that their burgers will fit on... because McDonalds sends jackbooted lawyers to scare the bejeezus out of any local bakery that tries. They have a patent on buns, you see...)

  17. Wrong, wrong, wrong! by lar3ry · · Score: 2

    If Microsoft wants its MSN icon--or any other icon for that matter--on the desktop, then it should enter into the SAME SORT OF LICENSING DEAL THAT AOL IS MAKING WITH OTHER OEMS. Stating that their icons must show, or no icons will be allowed, is just another example of how Microsoft flexes its muscles to promote its inferior products (not that I wish to imply that AOL's product is in any way superior).

    I have a term that Microsoft should learn: It's called playing fair.

    If Microsoft doesn't want to play fair, then they deserve to be bitch-slapped by the DoJ and court system for being a monopoly and illegally protecting that monopoly.

    Get a clue, Microsoft!
    --

    --
    "May I have ten thousand marbles, please?"
    1. Re:Wrong, wrong, wrong! by SgtChaireBourne · · Score: 1

      Actually, if the DoJ had already split Microsoft into an OS company and an applications company then it would not be as much of an issue.

      However, come to think of it that in order to truly level the playing field, MS should be split into three: OS, applications (Word, et al.), and ISP (.NET, MSN, etc.)

      --
      Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
  18. Re:I sorta see Billy's point... by HiThere · · Score: 2

    It used to be that the courts held that regardless of the EULA text, software was sold, but I understand that they now agree that it is only licensed. This demonstrates the power of advertising ... or something.

    Caution: Now approaching the (technological) singularity.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  19. Remove MSN access by tsa · · Score: 2

    So you can also add an icon called: 'Remove Microsoft MSN access icon'

    --

    -- Cheers!

  20. Re:I'm a betting man by Anonymous+Freak · · Score: 1
    100 bucks says the evil company wins.

    So.... Would that be Microsoft, or AOL?

    --
    Another non-functioning site was "uncertainty.microsoft.com."
    The purpose of that site was not known.
  21. Re:Double-click by cpeterso · · Score: 1


    My father is convinced that double-clicking on links makes the page load faster.


    I just tried that and it worked!

  22. Re:hmm... by Black+Parrot · · Score: 1

    > Gotta love that quote though. People don't use the word 'ballyhooed' anything like enough.

    That's probably why he's the VP of a big corp, and we're just ordinary geeks.

    I'm going to start saying "ballyhooed" once a day, to see if it gives my career a boost. Maybe I'll throw in a "23-skidoo" every week or two as well.

    --

    --
    Sheesh, evil *and* a jerk. -- Jade
  23. Re:Rules for a monopoly by Black+Parrot · · Score: 1

    > When those icons are irrelevent to to the actual core non-marketing functions of the system.

    I liked the description of the Windows boot screen as "an ad for a product you already bought".

    Sorry; can't remember where I read that. It's been a few years.

    --

    --
    Sheesh, evil *and* a jerk. -- Jade
  24. Re:More Double-Speak by Black+Parrot · · Score: 1

    > > How can this guy sleep at night?

    > On gold-lined silk pillows, while throngs of bare-naked nymphs...

    Somehow I suspect that under those circumstances I'd get rather less sleep than I do now.


    --

    --
    Sheesh, evil *and* a jerk. -- Jade
  25. Re:Double-click by YoJ · · Score: 1

    My father is convinced that double-clicking on links makes the page load faster.

  26. Re:I sorta see Billy's point... by Seanasy · · Score: 1
    ARrrggggghhhhhh!!!....

    Oh, for chrissake, Advertising is not a product modification! It isn't even useful! It doesn't serve the consumer in any way!!!!

    *sigh*

    Sorry for all exclamation points but it sickens me how accepted advertising has become.

  27. Re:People sign restrictive deals with coke/pepsi. by Moofie · · Score: 1

    Look at 7-11. One of their big selling points is that they carry both Coke and Pepsi at the fountain. The cost per ounce is also very very low compared to the burger places. I don't think there's a lot of price elasticity in the fast-food drink market...which is good because that $1.25 soda cost McDonald's a whole nickel.

    My point is, from the customer's perspective, it's not a big cost increase. It does mean more profit margin for the retailer. It's also why I don't go to Taco Hell...I don't like Pepsi. : )

    --
    Why yes, I AM a rocket scientist!
  28. Re:Guess you never seen a grocery store deli. by Moofie · · Score: 3

    That's silly. If, say, Boar's Head were to do that, the deli would say "OK, fine. I'll go do business with Thumann's." PC vendors are over the barrel, however. They CAN'T substitute a work-alike product for Microsoft Windows, because it doesn't exist.

    When I get a ham sandwich, I'm not AWFULLY concerned about who made the ham. I mean, I'd like it to be of good quality, but many quality hams are compatible with the sort of bread I like. Not true of PC operating systems.

    That's why monopolies are bad.

    --
    Why yes, I AM a rocket scientist!
  29. Not a monopoly... by JonS · · Score: 2

    Oooooh no.

    But if you do anything we don't like we'll just change the rules again.

    1. Re:Not a monopoly... by iapetus · · Score: 2

      How can you be so foolish? This isn't anything to do with monopolies. This is just another sign of Microsoft innovating in response to the times, under-promising and over-delivering, as they put it. Never before has anyone come up with this sort of rule, so once more MS are taking a brave step forward. And it's just this sort of brave, plucky, all-American innovation that the evil commie DOJ want to stifle...

      --
      ++ Say to Elrond "Hello.".
      Elrond says "No.". Elrond gives you some lunch.
  30. Advertising Control Notice by SEWilco · · Score: 2

    "North American Airlines rejects this month's issue of your in-flight magazine. One of the advertisers is an automobile rental company which violates our standards. We remind you that any advertisement for automobile rental must include a mention of North American Auto Rental, our affiliated company."

  31. Wouldn't it be fair? by sysadmn · · Score: 1

    Wouldn't it be fair if double-clicking on the required MSN icon brought up a notedpad window with the instructions for downloading Internet Explorer, and the 27 steps required to install it and configure it to run when the icon was clicked?
    Wouldn't that give users a fair choice?

    Microsoft seems to think so in the case of Kodak's picture processing format, or Sun's Java files.

    --
    Envy my 5 digit Slashdot User ID!
  32. Re:I sorta see Billy's point... by Tony-A · · Score: 1

    Coke cans painted green. Must be St. Patricks day.

  33. Re:I sorta see Billy's point... by plaa · · Score: 2

    From this you have you choice of the following national online services:

    And what about the smaller companies? Isn't this just crying for a large-company-only world? People like easy stuff, and if four companies are made much easier by putting ready icons on the desktop...

    Who would get the icons there anyway? Where do you draw the line of a "major" ISP?

    Those who can pay enough to Microsoft? Obviously ridiculous.

    Everybody? No chance.

    You quote four large "national online services", but you're forgetting Windows is a global product. The service providers in other parts of the world are very different, somewhere I'll guarentee there are no "national online services".

    If it is allowed to sell a box that has only Microsoft icons, it should be allowed to sell a box with only AOL icons -- it's the consumers choise!

    On the other hand, if AOL should be required to add a Microsoft icon on the desktop, then Microsoft should be required to add an AOL icon on their desktop. And if Microsoft should be required to add an AOL icon on their desktop, they should also be required to add a Columbia Internet icon.

    --

    I doubt, therefore I may be.
  34. Re:I sorta see Billy's point... by vample · · Score: 1

    But if I go to the computer shop around the corner and buy a windows license, I am allowed to install whatever program I like on it. why isn't AOL or compaq allowed to do the same ?

    Because they're re-selling it, you're not. You can take your copy of Titanic and re-edit it any way you want at home for personal viewing, but you cant do that and resell it.

    --
    -- Ryan Watkins vamp@vamp.org http://www.vamp.org/
  35. Re:No soup for you! by vample · · Score: 1

    Er, no sir - you either put Quaxxon gasoline in it every time you fill up, or if you DO fill up somewhere else, you're required to make sure you ALSO run down the street and put in a half a tank of Quaxxon.

    Which might apply if you just bought a license to use the car, rather than actually purchased the car.

    --
    -- Ryan Watkins vamp@vamp.org http://www.vamp.org/
  36. Ah, the downsides of being a monopoly by werdna · · Score: 2

    And there it is. A non-monopoly may engage in a broader scope of anticompetitive behavior to its advantage than can a monopoly.

    Microsoft's evils have now come home to roost. I rather love listening to them whine about how "tough" it is in the fast lane. . .

  37. Re:I sorta see Billy's point... by nevets · · Score: 3

    I understand your point if Microsoft didn't do the same thing themselves. They tried very hard to prevent their competitors from getting onto the desktop. But when a OEM does it to them, they cry murder.

    I don't buy your analogy. MS has a monopoly on the windows desktop. Now if McDonalds made buildings, and BurgerKing had to buy one of these MD buildings, and then McDonalds told BurgerKing that they must sell Big Macs along with their Woppers, or not sell anything at all. Then you would have a similar analogy.

    The difference here is that the desktop is not just a medium for marketing. But it is an active place where the consumer does their work. Having that icon is not just advertising, it is a medium to actually sign up. Microsoft plays this game so much, when removing their competetors from the desktop and placing them into the start menu only, and they say they are cleaning the desktop. MS just says, that the user can still put the icon on the desktop and calling it "consumer choice". Now the shoe is on the other foot. The OEM decides what is on the desktop and MS is up in arms.


    Steven Rostedt

    --
    Steven Rostedt
    -- Nevermind
  38. Re:More Double-Speak by jamesbrown1000 · · Score: 2

    from the simpsons:

    jay sherman (film critic): how do you sleep at night?

    rainier wolfcastle (based on ahnold): on a lahge pile of money, wif many beautiful ladies ...

    --
    Mindy: "Well...desserts aren't always right." Homer: "But they're so sweet!"
  39. Re:Your car HAS advertising by migmog · · Score: 1

    A-ha you fell into my trap!

    The dealer is like the OEM. Microsoft is saying to OEMs that they can't put their icons on the desktop. That's like forbidding the car dealer form putting their advertising on the back window, the number plate etc, but they have to live with 4 foot stickers plastered on the door saying 'Ford' or whatever.

  40. Re:I sorta see Billy's point... by migmog · · Score: 1

    > just because they happen to own it.

    err - do they actually own it?

    I'm an OEM. I paid for each and every copy of windows that I sell onto the purchaser. Don't I own the desktop? - shouldn't I be able to put MY advertising on it?

    I'm a PC purchaser. I paid for Windows as part of the price of my PC. Am I allowed to put anything I want on the desktop? Suppose I sell the PC onto someone else - like my sister. Do I own the desktop? Am I allowed to put extra icons on it for my sister's benefit? Am I allowed to take off the ones that are just advertising?

    ... so what's the difference?

  41. My desktop is NOT a billboard! by migmog · · Score: 2

    I don't see why the default desktop should be seen as an advertising medium at all. I mean - I've already shelled out good money for the OS, why should I have to be advertised to as well?

    If I buy a new car, I can live with a badge on the front and back telling people what kind of car it is, but I don't expect to have the doors and the roof emblazened with the complay logo and the phone number for the service department

    1. Re:My desktop is NOT a billboard! by sekalreed · · Score: 1

      as MemeRot stated, many dealerships put their badges on the rear of cars, as well as their service department sticking their paper floormats in, the little tag hanging from your rear view mirror and many other little marketing schemes to get you to come back to them for service. It all falls under the same idea, if they can get their name into your head, hopefully it will be the first place you think of when you need a new car, service, or whatever else. You may not like Microsoft, but it's their operating system. I'd expect all those little online service icons if I bought a new pc. However, I'm sure if you are reading /. you can click the MSN icon and hit the delete button. They aren't forcing you to use MSN. If you really don't like it, run linux, bsd, or buy a Mac.

      --
      -ds
  42. Re:Double-click by sometwo · · Score: 2

    Ah that brings back memories. When I was little, this used to be my favorite "game" to play. I'd watch all the animations move and play around with all the objects on the screen.

    My Power Mac G4 did come with a tutorial but it was really short. It was nowhere near as fun and actually wouldn't run without manually switching resolutions. What person who doesn't know how to click a mouse will know how to do that?

  43. Re:Poor AOL by pyros · · Score: 1

    and if people don't like Microsoft products, they won't buy them

    That's the problem. Nobody is actualy buying these products. MS bundles them for free with the OS and requires the OEM's to display them and make them the default applications. People buy a new computer, which happens to have windows pre-installed. Because it has windows pre-installed, it has to have all these other products installed (IE, media player, msn internet access and messenger, outlook express). Not only that but you can't completely remove them. If I uninstall outlook express, open IE, and click a mailto address link, I get a message composition window from outlook express, and find it has been reinstalled. That's crap. I didn't buy IE or outlook express. I don't want them. I can't get rid of them.

    --

  44. Re:Poor AOL by pyros · · Score: 1

    Your alternative, as mentioned above, is don't buy Windows. There are certainly windows alternatives which you should know about as a member of the /. community. Or you could go with the masses and complain about these things but continue to use them.

    I think the major issue is the forced bundling of their non-OS software. I shouldn't be forced to use all that stuff just because I chose to use windows. Of course I can install Linux, but that's skirting the issue. For certain tasks, I prefer linux, for other tasks, I prefer windows. When I use linux, I am free to use whichever application I want. With windows, I am not. MS can't prevent me from using linux, but they seem to do a decent job of making it frustrating to use non-MS apps on windows. They do this by abusing their monopoly of the desktop OS market, which is why they're in court. I am technically able to get around the hurdles that MS has made for me, but not everyone else is. The consumers that MS and the court are conserned about are the ones who just take what their presented with, because they don't know how to replace it.

    --

  45. Re:I sorta see Billy's point... by BorgDrone · · Score: 2

    There's a slight difference: Microsoft has never sold a single copy of any version of any software package they produce. They license.

    But if I go to the computer shop around the corner and buy a windows license, I am allowed to install whatever program I like on it.
    why isn't AOL or compaq allowed to do the same ?
    ---

  46. Re:I sorta see Billy's point... by BorgDrone · · Score: 5

    But after they've sold their product to e.g. compaq or AOL. they should be able to do with it whatever they like.

    to me, this is kinda like a consumer buying a retail windows install, and then finding out he's only allowed to install Microsoft Certified applications on it.

    "Instatallation of Mozilla on this OS is not permitted"
    for now it's only OEM desktops, but when will the rest follow ?
    ---

  47. Fair's Fair by Bigbutt · · Score: 1

    Compaq sold space on XP to AOL, Microsoft should do the same thing. Pay Compaq to put MSN on the desktop.

    In fact, that's what they should do with it all. Ship Windows with nothing but DOS and the Windows Shell. Then if Microsoft wants to put icons on the desktop, they pay the OEM's for the privledge just like other companies.

    Step two is releasing the Windows shell code so that others can code to it.

    Carl

    --
    Shit better not happen!
    1. Re:Fair's Fair by WildBeast · · Score: 1

      Let me get this straight. They should pay to include their own Icon in their own OS? Do TV companies pay if they want to run their ads on their own network? I don't think so.

    2. Re:Fair's Fair by WildBeast · · Score: 1

      In many countries, YES

  48. Re:I sorta see Billy's point... by mcjulio · · Score: 1
    Actually, it's kind of like if the people who grow potatoes for McDonalds elect to use a genetically modified strain, which then gets McDonalds into trouble with their customers, who also dispprove of the tile in the bathroom and the beef flavoring in the fries. Well, except that while this is going on, your children are playing on the kid's slide in the greenhouse room and you just found this sweet article on hypnotism in last month's Scientific American, so you're not paying attention when your 4-year-old comes back from the greenhouse and pulls the wrapper out from under your Big Mac, spilling it on the ground.

    No, wait. The Microsoft situation is different. But you could imagine if they were the same, right?

  49. I know I'm preaching to choir by bachelor3 · · Score: 2
    This fight between AOL and MS, in the big picture, is over mindshare. That is, who will a new PC owner (in this case, a Compaq owner) think of when they think "Internet access"?

    I suspect that the vast majority of Slashdot readers would be damned if they thought of either AOL or MS for online access, for reasons that often include reliability, principles, and pride.

    So, AOL and MS are fighting over, frankly, the less savvy computer user. Yes, I know that these days, this defines the majority...but doesn't it seem a little sad that a big part of this fight is based on the fact that the typical user will double-click on whatever icon on the desktop offers Internet access? Dog? Bell? Pavlov?

    I just find it a little disheartening that many of the recent stories in the IT world--AOL vs MS and the countless virus stories, to name a few--seem to revolve around the fact that computer users, as a whole...aren't that bright. Hey, I'm not trying to put myself on a pedestal with this mini-rant...hell, it took me 20 minutes just to write this :)

    Just my 1.5 cents.

    1. Re:I know I'm preaching to choir by kindbud · · Score: 1
      That is, who will a new PC owner (in this case, a Compaq owner) think of when they think "Internet access"?

      Jon Postel. MHRIP.

      --
      Edith Keeler Must Die
    2. Re:I know I'm preaching to choir by Refrag · · Score: 2
      "I suspect that the vast majority of Slashdot readers would be damned if they thought of either AOL or MS for online access, for reasons that often include reliability, principles, and pride."

      Unfortunately, I did think of AOL for online access when you 'asked'. AOL Time Warner provides my Road Runner cable modem Internet access.


      Refrag
      --
      I have a website. It's about Macs.
  50. Re:I sorta see Billy's point... by joe52 · · Score: 1

    I have to disagree. Microsoft sells the OS. They shouldn't be able to leverage that monopoly to gain an unfair competitive advantage in other markets. If they want to pay the OEMS more than AOL to buy that ad space out from under AOL's nose, that's one thing, but to use their market position to prevent AOL from being the only ones with an icon on the desktop seems like unfair competition.

    What would people say if Ford demamnded a Ford ad be placed on the side of any Ford bus that has ads for anything else? I think it would be ridiculous. Ford sold the bus, and once someone else has paid for it, it is theirs to customize as they see fit. I understand that MS doesn't "sell" Windows (they license it), but I think that the analogy still holds some water.

    -joe

  51. The Burger Metaphor Again by jdfox · · Score: 4

    There are ways to help competitors out, but telling MS that their own desktop is off limits is like telling McDonalds to sell their Big Macs and McNuggets... somewhere other than at a McDonalds.

    MS are fond of using the "burger and fries" metaphor to defend their control of the UI, and of deciding what to call "part of the OS". It suits MS marketing well, but is disingenuous IMHO.

    A burger is an impulse purchase: a one-shot consumable. Your burger does not serve as anything other than your next meal: it is not the gateway to your bank, your mail, other people's products, etc. It is instantly usable with all its competitors' products, since its "platform" is your mouth, not a PC. And perhaps most importantly, burgers are always sold directly from the manufacturer to the consumer through retail outlets: there is no reseller channel for McDonalds.

    A car is a better metaphor for this. Buy a Ford car, and paint it any color you like. Stick badges all over it. Pull the badge off the grille. Put big bull horns on the front, and 'roo bars. Add fluffy seat covers. Just leave the internals alone, or Ford can justifiably refuse to service it for you. Similarly, MS has no business dictating the UI to a reseller, so long as they're not changing anything internally.

    So, shifting my head around temporarily to Closed Source Business Mode, I can understand them objecting to something that changes or adds DLLs and EXEs to render Windows UI components differently, but they have no business objecting to altered icons or wallpaper.

    1. Re:The Burger Metaphor Again by gfxguy · · Score: 2
      The reseller isn't allowed to do any such thing without a specific license from the manufactuer. Without special arrangement, a Ford F150 has to be, in every conceivable way, exactly like it was when it left the assembly line, when the customer buys it new.

      That's simply not true. There are TONS of dealer added options you can get that are NOT available from the factory on Fords and every other kind of car.

      I just recently bought a new vehicle - I didn't have any modifications done to it, but some dealers were doing things like adding leather (not available from the factory) and NOT giving consumers a choice (except to shop elsewhere). There was enough of a demand for them to do that, and they made enough money on this very popular vehicle to gouge even more out of the consumer.

      This is not even case where people asked for it - when the showed up at the dealer, every single one of these vehicles had leather, NONE of them came from the factory that way.

      Dealers do it all the time - usually things to mark up that the consumer doesn't even want: rust protection, paint protection (clearcoat) packages, fog lights - and you know what - a great comparison with the rest of this thread - many dealers (gasp!) put their OWN LOGOS on the back of the cars!

      There's tons of other businesses like this, too. The difference is that Ford is not a monopoly - if they restricted dealers, more dealers would want to sell other types of vehicles where they can add on stuff to increase their profits. Computer OEMs don't really have this option, that's why MS can put it in their license that OEMs must do this or must not do that.

      This is a prime example of exactly how monopolies hurt consumers.

      --
      Stupid sexy Flanders.
    2. Re:The Burger Metaphor Again by Refrag · · Score: 3

      Ciener Woods Ford in North Carolina readily sells Ciener Edition Fords that have various extensive modifications done to them before they hit the lot.


      Refrag

      --
      I have a website. It's about Macs.
    3. Re:The Burger Metaphor Again by The+Abominous+Salad · · Score: 1

      Point. But, here's the difference:

      A car is a better metaphor for this. Buy a Ford car, and paint it any color you like. Stick badges all over it. Pull the badge off the grille. Put big bull horns on the front, and 'roo bars. Add fluffy seat covers. Just leave the internals alone, or Ford can justifiably refuse to service it for you.

      The reseller isn't allowed to do any such thing without a specific license from the manufactuer. Without special arrangement, a Ford F150 has to be, in every conceivable way, exactly like it was when it left the assembly line, when the customer buys it new. Anything else would result in a big ole smackdown. The rights you mention are ok for the end user (car purchaser) and any used car seller, because they aren't a Ford Authorized Reseller (licensee).

      Now, moving past the legalese, is it right? Is it fair? Not really. It reduces customer options in an area where it matters a lot more than, say, what brand of stereo is factory-installed in your truck. But, it's a time honored way to do business. Pizza Hut only sells Pepsi. Nobody cries foul. Coke isn't even available in some inferior format. It's the partnership they chose to make. Microsoft, in this case, chose to create competing products itself, thereby essentially partnering with itself to provide all these different components that, otherwise, they would probably license from another developer.

      All this, as well as the recent developments in the XP environment where the integration of instant messenging and media playing tools is actually beginning to show real benefits (Flash required) for users, does add up to this: Microsoft SHOULD level the playing field. Perhaps not a breakup, but they ought to be outright required to provide thorough API documentation through and through, on a timely basis, and allow other developers to integrate the same features using their third party tools. Microsoft still gets the credit for inventing the way, for example, Outlook checks to see if your mail recipient is online with your IM client. You, however, choose which IM client is involved. That's innovation AND fair play.

    4. Re:The Burger Metaphor Again by 87C751 · · Score: 1
      Pizza Hut only sells Pepsi. Nobody cries foul. Coke isn't even available in some inferior format. It's the partnership they chose to make.
      Of course, Pepsi owns Pizza Hut, so one might argue that there was little choice involved in forming this particular "partnership".

      ROT-13 to send me email

      --
      Mail? Put "slashdot" in the subject to pass the spam filters.
    5. Re:The Burger Metaphor Again by hearingaid · · Score: 1

      Custom stuff is not irrelevant. What Compaq is doing is trying to be a custom seller of Windows.

      MS is saying to Compaq, no, you're too big, we won't let you custom-fit our operating system.

      It's true that in the world of Ford dealerships, the big ones tend not to want to custom-fit vehicles. However, a better example might be Harley Davidson. There are some huge Harley dealerships that do almost nothing but custom-fit vehicles. Why can't Compaq be like a Harley seller if it wants to?

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

    6. Re:The Burger Metaphor Again by Ayende+Rahien · · Score: 2

      Now, show me the place where I can buy a Ford car "out of the box" which is like this?
      Custom stuff is irrelevent, because you can do that for Windows as well.

      --
      Two witches watched two watches.

      --

      --
      Two witches watched two watches.
      Which witch watched which watch?
  52. Re:I sorta see Billy's point... by JWW · · Score: 1

    Yeah, that way you'd only have to delete the folder instead of deleting multiple separate icons!

  53. Re:Personally, I'm glad by flatrock · · Score: 2

    I have to agree with this. Microsoft does a lot of bad things, but they don't scare me nearly as much as AOL Time Warner. Microsoft may be harming some innovation, but AOL Time Warner's control over a broad range of media outlets is really scarry, and they've shown themselves to be no friend of consumers many times in the past. It may be ironic that Microsoft is the one forcing "competition" on AOL, but I still think it's a good thing.

  54. Re:I sorta see Billy's point... by flatrock · · Score: 2

    If they want to pay the OEMS more than AOL to buy that ad space out from under AOL's nose, that's one thing, but to use their market position to prevent AOL from being the only ones with an icon on the desktop seems like unfair competition.

    They tried that. It's one of the main things they got in trouble for. They were offering discounts on the price of Windows to OEMs that would exclusively offer IE as the web browser. That was considered anti-competitive. AOL is allowed to enter into exclusive agreements with OEMs to push AOL, but Microsoft, because of their Monopoly in the OS market cannot. Since they can't have an exclusive agreement, they decided to prohibit AOL from having one either. OEMs have the choice of both or none. Seems fair and equitable to me. Consumers get a choice. No one is being excluded. I can't say I feel even a little bit sorry for AOL. They aren't looking out for consumers, they're looking out for themselves through exclusive marketing practices. Though I don't think they have a monoplly, they have by far the largets share of the ISP market. They don't need an unfair advantage over Microsoft to compete in the ISP market. Allowing them to have exclusive marketing agreements with OEMs whilc MS can't would be unfair. Microsoft just leveled the playing field.

  55. How does this harm consumers by flatrock · · Score: 2

    I guess you can argue that MS is using their Monopoly to distribute MSN, but I have a hard time figuring out what's really wrong with it. It isn't an exclusive deal. OEMs can place other ISP's icon's on the desktop as well, they just have to include MSN as well. If an OEM doesn't want to include any icons they have that choice as well. MSN also has a seperate cost involved, so you don't have to purchase MSN when you buy Windows. The products aren't tied in that sense.

    I would be fine if MS paid the OEM's to 'have this and this requirement', but they're not. MSN is a completely seperate service, and deserves to be treated that why.

    You make a good point, but how is MS supposed to do this. If they offer discounts on Windows for people to include MSN, then they are tying the products together. They aren't supposed to do that. They aren't allowed to play by the same rules that AOL is. That's the nature of antitrust law. If they want to be able to compete fairly with AOL in the ISP market, then this seems like a reasonable way to do it. As long as consumers aren't being harmed, why shouldn't they be allowed to do it? The only thing they've really done is prevent other ISPs from limiting consumer's choices. It seems strange that Microsoft would be doing things to insure consumers have a choice, but it comes down to if they can't be anticompetitive, then they won't let anyone else either. Sounds like a good thing to me.

  56. How is an exclusive agrement competition? by flatrock · · Score: 2

    MSN is AOL's main competitor. MSN is not allowed to have exclusive contracts with OEMs because of Microsoft's OS Monopoly. OEMs weren't agreeing to make AOL the "dominant" ISP in their distribution, they were agreeing to make them the only ISP in the distribution. Because AOL isn't a monopoly, this is perfectly legal. Microsoft is giveing OEMs the choice of placing no ISP icon's on the desktop. They are just leveling the playing field in the ISP market by requireing that no one else can have an exclusive OEM agreement, since they can't. I can see that the OEMs won't like this, because it limits their ability to sell advertising on the Windows desktop, but I don't see how consumers are being harmed by having a choice. If consumers aren't being harmed, then antitrust laws shouldn't prevent it. Sure, MS is forcing their will on OEMs. Since they're under the gun and have to compete fairly, they are forcing an even playing field. I don't understand how you can argue that an exclusive agreement promotes competition, while an non-exclusive agreement prohibits it.

    1. Re:How is an exclusive agrement competition? by flatrock · · Score: 2

      but their not playing fairly if they use their monopoly to force OEMs to level the playing field, are they?

      Is it fair for AOL to be entering into exclusive marketing agreements when their largest competitor, Microsoft, cannot? The real place I think we disagree is that you seem to be concerned that Microsoft is not treating the OEMs "fairly" in your opinion. I'm more concerned that consumers are treated fairly. The actions of a Monopoly are only illegal if they harm consumers.

      Other companies (including Microsoft) can also pay for exclusive rights to an OEMs desktop configuration.

      Actually, I don't think they can. Microsoft's exclusive agreements with OEMs regarding the distribution of IE is one of the things that got them into trouble. If Microsoft can enter into this same kind of exclusive agreement, then that would be a more "fair" way for them to handle this issue.

      The idea of MSN getting free advertising, while AOL has to pay for it does make me consider that there could be some harm to consumers in the long run. But I really don't think AOL pays much for getting it's Icon on user's desktops. AOL was only paying larger sums as commisions for people actually signing up for AOL through the icon on Compaq computers. Microsoft's not allowing AOL exclusive desktop space also has another effect. It means that other ISPs that don't have AOL's heap of cash will be more likely able to get their icons on the desktop.

      I agree that Microsoft isn't "playing nice". I'm just not sure that they aren't helping consumers more than they are hurting them with this action. If the only harm here is that AOL and Compaq don't get to gang up and reduce consumer choice in the interests of their own greed, then I don't see how this is anticompetitive.

    2. Re:How is an exclusive agrement competition? by 4n0nym0u$+C0w4rd · · Score: 1

      but their not playing fairly if they use their monopoly to force OEMs to level the playing field, are they? The AOL deals are ot anti-competitive, simply because the OEM has a choice to accept the contract or not except it. Other companies (including Microsoft) can also pay for exclusive rights to an OEMs desktop configuration. What Microsoft is doing is using their monopoly power to say, AOL can pay the OEM for desktop priveledges.....but our service must get free advertising right next to it. This is anti-competitive because AOL must spend money to get on the desktop while MSN gets on for free just because MS says so, this gives them an advantage and seriously hurts AOL because no matter how much they spend on advertising per OEM, MSN wll always get a free ride.

      --

      "
    3. Re:How is an exclusive agrement competition? by 4n0nym0u$+C0w4rd · · Score: 1

      some good points, some innacurate ones.

      Actually, I don't think they can. Microsoft's exclusive agreements with OEMs regarding the distribution of IE is one of the things that got them into trouble

      Well....yes, but Microsoft wasn't paying the OEM to make IE the only browser (The only option a company with no ties to the OS, like AOL, would have), instead they used their power as the owner of the OS to say "IE will be the ONLY browser to come intalled on your machines or you can't pre-install windows". If MS uses methods that any other company with no connections to the OS can use to secure exclusive desktop rights, then they are not acting as a monopoly, likewise if IE was made by company X and company X payed MS to make IE the only browser allowed on the windows desktop then that would be fine because campany Y could pay MS more than company X thus taking away the exclusive rights of company X. Since MS owns the OS, the browser, and the ISP, it is illegal for them to use any one of those areas to unfairly aid the other, in this case they are using their ownership of windows to aid their OS.

      Microsoft's not allowing AOL exclusive desktop space also has another effect. It means that other ISPs that don't have AOL's heap of cash will be more likely able to get their icons on the desktop.

      Not necessarily, lets say local ISP A wants local OEM B to put their icon on the desktop. Local OEM looks at their current setup and says hmmmm, I've got an AOL icon, a compu-serve icon, and a prodigy icon...."sure!", yay local company A reaches more users....but what if local OEM B said...hmmmm, I've got an AOL icon, a compu-serve icon, and a prodigy icon, I NEED TO HAVE AN MSN icon, "sorry I don't want to put too many icons on my desktop, its too cluttered"....local ISP A fails.

      I agree AOL shouln't be able to have exclusive contracts because it's not good for the consumer, but the only fair way for MS to combat this is to say "You must have at least 2 seperate ISPs or none at all". This way they are not using their monopoly powers to aid their ISP, they are using their power over their OS to help the consumer, which is not a monopoly action.

      In short choice is good, but the way MS is doing it is wrong and may harm the consumer.

      --

      "
  57. Ok, you've convinced me by flatrock · · Score: 2

    After rethinking things, I would think that if MSN makes agreements with OEMs that are in no way tied to Windows licensing, then MS shouldn't get in trouble for antitrust issues. The trouble they go into was from tying the two products together, which in a way is what they are doing now. Unlike many of the products that MS has integrated into Windows, I can't see how requiring a MSN icon really helps consumers, and you've convinced me that it can harm them.

    I still don't like the kind of exclusive marketing contract that Compaq and AOL are talking about. It seems anticompetitive to me, and I don't like the reasoning that it's ok as long as you're not a monopoly. Some monopolies are natural, and I don't feel the government should artificially try to restore competition my making the monopoly play by one set of rules, while their competitors play by another. But that really isn't the issue at hand. The issue is Microsoft tying the advertising of MSN to Windows XP, which should be prevented.

  58. Your car HAS advertising by MemeRot · · Score: 1

    I'll bet in addition to the car label, there's one saying 'Ted Britt Ford', 'Koons Cars', or something like that. To get a car without those costs extra - but I certainly think the os consumer should have the same choice to pay extra to not have advertising bundled, though as with the car dealer labels very few will avail themselves of the opportunity.

    1. Re:Your car HAS advertising by NotoriousQ · · Score: 1

      Yeah, but the dealer is not allowed to take the ford label off the car, sort of like that MSN icon. Either way. I do not care, and personally I would rather offer tech support to the person with msn instead of AOL. AOL is slow bugging and just overall a POS. MSN at least uses some standard technology.

      Speaking of cars, I always wondered if it were legal to strip all markings that identify the car and put different ones? I mean it would really confuse the police if say, my honda was riding around with ford logo on front saying taurus on the back.

      --
      badness 10000
  59. Ah... you did it ahead of time by MemeRot · · Score: 1

    If you buy a car on lot they charge you for taking off the advertising they put on it.

  60. They DO have to live with it by MemeRot · · Score: 1

    The dealer can't take the Toyota signs off the car. They're adding the 'Bobs Toyota' label is optional on their part, but they're stuck with the Toyota label.

    Not a perfect analogy though, b/c the Toyota label is just an add for the maker of the car. The MSN logo is NOT an add for Microsoft, the maker of the OS, its an add for a different group, MSN the internet service provider. I know they're still the same company, but they're different groups the way Time Life Mysteries of the Unknown books are different from AOL's NOC. An icon saying 'Long Live Windows!', or a default Windows wallpaper would fit the analogy better. To match the MSN icon analogy, your Toyota car would have to have a label on it advertising Toyota brand Wheat Flakes or some such. And you'd understand then why Bobs Toyota would be upset about putting it on the cars they sell.

  61. Re:a very simple solution is available... by blogan · · Score: 1

    But if the customer bought the non-OEM version, they could call Microsoft for support and Microsoft would have to give them the support.

  62. Re:I sorta see Billy's point... by Trekologer · · Score: 1

    But here's another twist... MS doesn't support OEM software, the OEM does. That's why OEMs can get the software for less than retail. If the OEM has to support the OS, then they should have full control over what the user sees when they start the computer up.

  63. I'm a betting man by Ukab+the+Great · · Score: 2

    100 bucks says the evil company wins.

  64. That's why MS should be broken up by sg3000 · · Score: 2

    That's basically it. MSN is allowed to get into the same agreements as AOL. But, Microsoft as a whole cannot use Windows as a leverage to push MSN. That's an illegal abuse of their monopoly

    Clearly Microsoft either doesn't know how to get into agreements like this without illegally leveraging their monopoly or they don't care to. That makes them a weaker business because they don't know how to negotiate for both parties' mutual benefit without resorting to, "Do what we want or you can't sell you product with Windows." Breaking them up would force them to learn how to negotiate properly and would probably make them a better company in the long run.

    This may seem a bit offtopic, but this reminds me of a boss I once had who didn't know how to get people to do what she wanted without threatening their jobs. It's important for a manager to be able to get their employees to do things not just because the manager is telling them to, but because it's to the mutual benefit of all parties involved. That's how the best work is done. For her, she couldn't do that. All she knew was, "Do as I say, or I'll fire you." No kidding. After she was promoted to my boss, she threatened to fire me every two days for things as silly as not helping her troubleshoot her computer. I and everyone else in her group quit (with others in the company threatening to quit if they were moved into her group) and she got demoted. But in Microsoft's case, they've got a monopoly and the other parties can't "quit" Microsoft. Can you imagine Compaq or Dell not selling Windows-based computers any more and staying in business for more than a month?


    --
    Insert simplistic political, ideological, or personal proselytization here.
  65. Re:Good for them. A fair solution as any. by Havokmon · · Score: 2
    "I guess someone will claim they are exercising thier "monopoly" by making that requirement. "

    Of course they are.

    "Two wrongs don't make a right, hence the AOL deal is just as bad as what people accused MS of."

    No. MS SOLD their OS to an OEM. But now they're saying that if AOL will pay that SAME OEM to install AOL Software, then the OEM must make MSN software easily available, at no cost to MS.

    If I buy your car, and plan to install Pirelli tires, what gives you the right to say I must have big Firestone logo's on the hubcaps?

    I would be fine if MS paid the OEM's to 'have this and this requirement', but they're not. MSN is a completely seperate service, and deserves to be treated that why. Dial-UP is NOT a requirement of the OS, and not a necessity for ANYONE.

    Personally, I LIKED the extra GUI that vendors such as Packard Bell added to their systems. It made the end-user experience so much better. Yeah, they were resource hogs, but that's not a big deal anymore. MS's claim of people just 'sitting down at any PC and knowing how to use it', goes over with me about as well as Bill's attempt to get schools to teach Hex.

    --
    "I can't give you a brain, so I'll give you a diploma" - The Great Oz (blatently stolen sig)
  66. Re:I sorta see Billy's point... by kindbud · · Score: 1

    The desktop is not an advertising medium and Microsoft does not own it. You should stick with burgers and can I have some fries with that.

    --
    Edith Keeler Must Die
  67. Just out of interest... by Observer · · Score: 1

    Is this a case of Microsoft being free to change its licensing rules whenever it pleases, or did Compaq and AOL screw up by letting the cat out of the bag about what they intended before they had signed license terms that would have allowed them to do it?

    Just curious.

  68. What about the GPL? by jdcook · · Score: 1

    But after they've sold their product to e.g. compaq or AOL. they should be able to do with it whatever they like.

    Do you think that after someone acquires a piece of code covered by the GPL they should be allowed to do whatever they want with it? Including uses prohibited by the GPL?

    Microsoft is obviously a monopolist. And the rules are different for monopolists because of their enormous market power. However, even monopolists have some rights over their own products. Personally, I think it is perfectly reasonable for Microsoft to require that if an ad for their competitor is placed on the desktop, their own ad has to be their as well. That is different then saying the competitor cannot advertise on the desktop at all.

    --
    Q:How many libertarians does it take to stop a Panzer division? A:None. Obviously market forces will take care of it.
    1. Re:What about the GPL? by EllisDees · · Score: 1

      Does Ford have the right to tell me I can't drive their trucks on certain roads?

      --
      -- Give me ambiguity or give me something else!
  69. Re:I sorta see Billy's point... by 4of12 · · Score: 2

    they can't be expected to miss out on the most lucrative advertising medium, the Windows desktop, just because they happen to own it.

    Yes, it's irresistible to use the big club if you happen to be the one wielding it. Reminds me of another arena.

    Ask any ISP or CLEC that attempts to compete with the local phone company what it's like to feel the blows from such a club.


    Telco: "Whump!"

    Competitor:"Ouch! No fair! Did you see him abuse me with that deliberate screw-up in the C.O.?"

    Public/Regulators:"Technology? What's that? How interesting, another competitor bites the dust."
    --
    "Provided by the management for your protection."
  70. Re:hmm... by 4of12 · · Score: 2

    This case is unique, in that it it the only dispute I've heard of in the computer industry where I actually want *both* parties to loose.

    This fight could get real interesting as the XP public release comes down to the wire at approximately the same time that the remedy for the court ruling is being considered.

    One conceivable outcome is for XP to be released without any default easy ISP connections, be it MSN or AOL:)

    --
    "Provided by the management for your protection."
  71. Re:I sorta see Billy's point... by gfxguy · · Score: 1
    Did you ever mix two flavors of soda at a fountain? We used to do it all the time. Before they moved the fountains to where the consumer helps himself, we used to ask the guy behind the counter for it.

    So, yeah, if a store buys 20 cases of Coke, they own it - they can do whatever they want with it, including resell it. If they take that coke, and put grape flavor in it, and sell it as "store-branded grape-coke", then the consumer it is quite clear it's not an original coke product, and the consumer knows exactly what's he's buying.

    How does this hurt anybody? If anything, it's giving products more value because they are being used more ways. If I want plain coke, I can still buy it.

    The way I look at it, if I'm an OEM, and I buy 100 licenses, then I should be able to install them and configure the system any way I like.

    I know there are licensing agreements to the contrary, I'm using the word should, in a nice society where everybody plays with everybody else.

    A better, real, example is the businees in the town where I grew up. They resold Jaguars. The engines were so unreliable, this business sold new Jaguars with replaced engines. Cost a lot more than buying a stock Jaguar, but I don't see how it hurt consumers, especially if they honored the warranty themselves.

    --
    Stupid sexy Flanders.
  72. A different twist... by gfxguy · · Score: 1
    instead of putting "national" ISPs on there, it should be ISP's who are willing to pay for it. That way there's no discrimination, it's available to everyone, and local markets can include local ISPs.

    While it may not be pretty, it is about business, and the AOL icon was "taking over" because AOL was willing to pay the OEMs for it.

    Frankly, this sounds like a pretty good deal if OEMs pass the savings on to the consumer to offset the price of the machine (however little it amounts to, per machine). I imagine they'd do it because competition is so tight.

    --
    Stupid sexy Flanders.
  73. For a completely different product? Yes. by gfxguy · · Score: 1
    As others have said, forcing OEMs to include the MSN icon - in fact, even having the MSN icon appear on a clean installation, can certainly be considered tying. It may not be, but one can certainly consider...

    It's not a whole lot different then IE. Sure, people can go to another website, download the software, and run a different browser - but that IE icon is right there.

    But this is worse - because a lot of people buying computers don't have an ISP yet. So they boot up and there's the MSN icon - what are you going to do, if you're a clueless newbie? Having AOL as a another choice is at least a good thing. Having more choices is better.

    But since all the other ISPs need to pay and have the blessings of the OEM to have their icons on the desktop, shouldn't MS? If it weren't for the monopoly situation, and the tying, it might be a bit different, but MS is already supposed to not be tying products. The OS is a different beast than an ISP, and all ISPs should compete on a level playfield.

    --
    Stupid sexy Flanders.
  74. Didn't pay extra... by gfxguy · · Score: 1
    I had to order my car. When I put a deposit down, and signed a few contracts, I had it written in "no dealer stickers".

    I didn't pay extra, and when they balked I told them it was a deal breaker. They didn't argue.

    --
    Stupid sexy Flanders.
  75. Re:Guess you never seen a grocery store deli. by gfxguy · · Score: 1
    Your post exactly proves the point of why monopolies are bad. MS can get away with it - in any other industry it's silly to even think about it - you would never sign an agreement with Boarshead that restricted your rights.

    Delis do what they want, automobile dealers do what they want. In fact, just about everything sold is a conglomoration of parts from other companies that are put together in a certain way to create a certain product. Everyone can do it - except PC OEMs.

    --
    Stupid sexy Flanders.
  76. It's a SAD day... by gfxguy · · Score: 1
    When people stop using the term internet service provider and replace it with web service provider.

    But this is the sticking point - it's fine for ISPs to compete for the icon on the desktop, or share it, but not when one has to pay and one doesn't. I mean, it wouldn't be fair for Compaq to put an earthlink icon on the desktop for free (for no reason) but require AOL to pay, either.

    The fact that it's MS, and they are using their monopoly to force that situation just makes it go from bad to worse.

    --
    Stupid sexy Flanders.
  77. Re:I sorta see Billy's point... by gfxguy · · Score: 1
    Not unlike the many places that used to sell cherry-coke, before Coca-Cola ever bottled it.

    You're right, but I wanted to specifically steer clear of that, because instead of arguing the point a lot of people would say "but coke already has cherry coke, so why should someone else be able to do it", and thus completely missing the point of the argument.

    --
    Stupid sexy Flanders.
  78. Re:Guess you never seen a grocery store deli. by gfxguy · · Score: 2
    As long as the customer is made aware that some change has taken place, there is nothing the original food mfg can do about it.

    Sure there is - they can refuse to sell the deli ham at a discount price unless the deli agreed to not "tamper" with it. In other words, they could pull a Microsoft.

    --
    Stupid sexy Flanders.
  79. Re:I sorta see Billy's point... by gfxguy · · Score: 2
    I'm an OEM. I paid for each and every copy of windows that I sell onto the purchaser. Don't I own the desktop? - shouldn't I be able to put MY advertising on it?

    First, you licensed the product - not bought it, and the answer to your question is: not if your agreement with Microsoft says you can't.

    Which, IMO, ought to be null and void, unenforcable. It's simply anti-competetive and..uh..monopolistic.

    --
    Stupid sexy Flanders.
  80. Re:I sorta see Billy's point... by BradleyUffner · · Score: 2
    But after they've sold their product to e.g. compaq or AOL. they should be able to do with it whatever they like
    I agree, but then they shouldn't be able to call it Windows if they are selling a modified product, or they should have to tell customers that they modified it.
    =\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\= \=\=\
  81. Re:I sorta see Billy's point... by BradleyUffner · · Score: 2

    And this ISN'T just advertising, it IS a product modification. Windows as a whole is the product, that includes everything on the desktop, advertisement or not. By changing what programs are on the desktop they have modified the product.
    =\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\=\ =\=\=\=\=\

  82. Why? by Lussarn · · Score: 1
    Why are companies trying to compete with MS on MS home ground? In the end they always lose.

    I'ts a big f**king mystery why they haven't gone after Adobe or Macromedia yet. When they do, bye bye.

    1. Re:Why? by TandyMasterControl · · Score: 1
      The critical difference being that PostScript is an openly documented formatting standard. Openly and completely documented--which is why PostScript printer support in Linux has been generally much better than its support of PCL inkjet printers and why there are many postscript and PDF viewers and utilities for XFree86 and free OSen. Without GNU Ghostscript, a free clone based on the Adobe Postscript standard, PCL inkjet printer support for Linux would be basically non-existent.

      I hope Adobe realizes that eventually, inevitably Microsoft is going to expand beyond the lowend of the home and small office graphics applications market, which Adobe has already lost to them, and begin to invade their core markets in printing and web content. It would be extremely foolish of Adobe managment not to anticipate this, but if they have figured this out it's not clear yet that they understand the gravity of their situation. They really have nowhere else to go. And they haven't really done anything to make Adobe preferable to an "integrated, bundled solution" from Microsoft when that appears. Eventually Microsoft demands control over all standards that affect any of their products; a shark cannot stop swimming and eating; a pyramid-scheme stock swindle like MSFT must continue leveraging itself into related markets or its seemingly endless appreciation will contract violently. In the absence of law enforcement, Adobe is just a juicy filet mignon on Microsoft's table. Sooner or later, the diner will turn his attention to them.

      Of course I believe that Adobe's long term hope is to take advantage of the cost savings of the Linux platform. This is a saleable counter to MS integration and bundling. But Adobe seems to think they are somehow special and that they don't have to evolve and change, and that what has happened to all other major ISVs on the PC platform will not happen to them too. Probably this mental lapse is an effect of being a monopoly for so long.

      However, I would not be surprised to discover, in the fullness of time, that there is a Rick Belluzzo type situation at work in Adobe's upper managment. It's just hard to believe that people could reach these kinds of positions and be so clueless as not to see the looming dangers.

      Farewell Adobe?

      --
      Johnny Quest has two Daddies.
    2. Re:Why? by hearingaid · · Score: 1

      you might be right about Macromedia. You're wrong about Adobe.

      Adobe owns PostScript. all the laser printers out there which use it pay the Adobe tax.

      they're a monopoly. they've just managed to stay out of trouble with the DOJ because they haven't (yet) done anything really bad with PostScript the way MS has abused its control over Windows.

      on the other hand, Macromedia now looks a lot like Corel did ten years ago...

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

    3. Re:Why? by hearingaid · · Score: 1

      Adobe thinks they're like Oracle. and they might be right.

      Oracle's clients are, generally, large corporations which are completely dependent on the reliability of their databases. the reason why they're not going to SQL Server (or mysql or any of the others) is not because it's not cheaper, but because they know Oracle works, how it works, and they've invested in it.

      many of Adobe's clients are the marketing divisions of those same large corporations (apart from the aforementioned Postscript tax). that's why Acrobat took off so quickly, because it's fairly useful to the megacorps (apart from the common use of publishing press releases to the web, it also has a lot of commenting features that are really handy for document exchanging and revision).

      also, many artists have invested in Adobe. these people are not computer-savvy. they have learned Photoshop & Illustrator, and that's really all they ever want to know.

      the only thing I can see wrecking Adobe is if Apple goes down. then, the artists will be dragged kicking and screaming into the windows world, and may actually be willing to learn something different. but probably not. photoshop runs on windows too :)

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  83. Is this illegal??? by SuSEMann · · Score: 1

    I mean, forcing a company to use your icon if they want to use any sounds rather like strong arm tactics to me. Can't Compaq object or something.

  84. Re:Here they go again... by Dr_Cheeks · · Score: 2
    Isn't this the same sort of illegal action that Microsoft has gotten in trouble for already?
    Damn; you beat me to the post ; )

    But seriously, yeah, as I understood it (and I've read a lot about the MS case, as I suspect a lot of other people here have) one of the main problems was that MS was bundling IE with Windows. You couldn't get Windows without IE, so why would anyone bother installing Netscape? This was an anti-competitive move by Microsoft.

    I don't see how shoving MSN down people's throats is any different from this. Granted, they needed to respond to AOL, but I don't think this was a fair way to do so.

    --

  85. Double-click by Dr_Cheeks · · Score: 5
    ...the typical user will double-click on whatever icon...
    You've clearly never tried to show my parents how to do anything. Single click? Sure. Triple (or even quadruple) click? Sure. Double click so slowly that you edit the name of the icon? Sure. But a regular double click is a rare beast indeed (yes, I have tried altering the click-speed, but their click-fingers keep changing speed).

    Unless they're clicking on links on a web page of course, and then they double click every single time (despite having been told not to by me repeatedly for the past 6 years).

    --

    1. Re:Double-click by myron · · Score: 1

      Wow...I just tried it and it really works...your father is brilliant! Oops...I am your father.

  86. Re:Uau by fractaltiger · · Score: 1

    Not like I need XP when I know that it's just a makeover update.

    If I wanted to upgrade my TV, I'd go and buy a new one like anyone else --at my discretion. Problem is: TVs signals, unlike your favorite OS programs, are backwards compatible and will be until WELL after HDTV kicks in.

    Now that I think it, it's a hell of a good job TVs have been engineered to do. I haven't seen any old Black & White TV set blow to pieces because I put on a channel with SAP... closed captions / smart chip or... *gasp*... COLOR broadcasts. Little of that was envisioned when that TV was "licensed" to the customer.

    --
    "Wireless : LAN :: Laptop : Desktop"
  87. Re:I sorta see Billy's point... by fractaltiger · · Score: 1

    Yeah, you're right. To my father, it's not really Windows. He said "let's buy a computer" when we came to the states. He didn't even know to call it anything else, like "system box" or "turing machine."

    This will be off-topic but it is about what brands-names do to what starts out as generic services or products...

    I suspect the middle age, computer illiterate population, see call it "just a computer." You don't know what feel it will have when you first buy it. Heck, people used to only get a black DOS screen and be happy with it and 4 colors in their programs --they were professionals or engineers, though. But nowadays, you don't really want "just the computer," many buy it because the *internet* works on "computers." My dad learned computers from the outside (the Internet) inwards, into the system and it's UI. But I learned it from DOS outwards. The thing is, parents ask for software that [runs], and by that, you know they want windows or mac operating systems because they are exposed knowledge about those programs through the predomination of those particular programs out there. The same for kids who want to "play computer games:" they don't know much about a computer, but you know they want windows (I hate having to fix game lock-ups because it shows how unintuitive the game concept is to a system made for serious tasks [playstations may lock up and you just tell them to reset 'em... not in windows since you still may have the system running and 20 ways to attempt to restart or quit back to the "system" the kids barely understand])

    To wrap it up, though: When a kid wants a toy, it will likely be a "Barbie" or a "Pokemon." Nowadays, they are too controlled by monopolies and don't even know it. Same happens to us with software choices that don't work on all turing machines even when all code theoretically runs on all turing machines once it has run in one, thanks to emulation.

    So AOL is simply "AOL." MSN is really "MS-Internet Division" and wants to take over the internet in your machine since they own free publicity that the trademark "Microsoft" gives their internet software division. Oh, wait, I thought MS was divided into smaller companies. Why not just abolish all internet software but MSN since they *must* control/guard their system experience ;)

    --
    "Wireless : LAN :: Laptop : Desktop"
  88. Oh great, CLI is back! by garoush · · Score: 1

    From the article: "They can either ship computers with a desktop free of any icons, or they can add as many icons as they want, but only if they also include an icon for Microsoft's MSN Internet access."

    Now I really like that -- everything must now be done from the "Start" menu; no more silly icons to deal with.

    Picture all the new user-manuls; fron now on they will read: "From the 'Start' menu select 'Run' and type 'CMD'; a black-strange-window will open up, than you can..."

    This is great, CLI is BACK!
    ---------------
    Sig
    abbr.

    --

    Karma stuck at 50? Add 2-5 inches.. err.. 2-5x Karmas Count to your pen1es.. err.. Karma all naturally and private
  89. Re:I sorta see Billy's point... by KingAdrock · · Score: 1

    If you are going to resell McDonalds products, I think they should be able to say that you have to keep it exactly as they sold it to you. It is there product. By changing it you are effecting how people view them. Should grocery stores be allowed to paint Coke cans green?

  90. Re:I sorta see Billy's point... by KingAdrock · · Score: 1

    The problem with this is that people expect a certain quality from Coke, McDonalds, Microsoft (here come the flames), or whoever. This consumer trust has to be built around customer satisfaction. If the grocery store, or hamburger reseller, or OEM decides to start changing the product, the original manufacturer can no longer guarentee the quality they inteded. So these practices would not only hurt the maker of the product, but also the consumer!

  91. Poor AOL by razablade · · Score: 1

    People tend to forget that Microsoft owns the operating system, and therefore should be able to do what they want with it! This is a free market economy (supposedly), and if people don't like Microsoft products, they won't buy them. Maybe AOL should quit complaining to 'Big Brother' and go write their own operating system.

    --
    The expression is "I could NOT care less." Think about it.
    1. Re:Poor AOL by Frequanaut · · Score: 1


      Other people tend to forget that Microsoft has been found to be a monopolist.

      As such they should not be able to leverage their monopoly (the desktop) against competitors in other areas (AOL/MSN).

      Some people just like to spout off about free market. The fact is we do NOT live in a completely free market and there are certain actions a monopoly may NOT take under our laws.

  92. A distinction without a difference by Kaiwen · · Score: 1
    So Microsoft's much-touted new openness turned out to be the emperor's new clothes. Scratch the surface and we find the same old MS beneath that shiny new coat of paint.

    Imagine an incumbent politician telling every TV they can't run paid political ads for his opponent unless they provide him with equal airtime for free. That he happened to own the stations in questions wouldn't even slow the FTC's haste to prosecute.

    They can't be expected to pay licencing or advertising costs to promote their own (other) products

    Everybody else has to. Why should Microsoft get them for free?

    And Microsoft calls AOL anti-competitive?!

    they can't be expected to miss out on the most lucrative advertising medium, the Windows desktop, just because they happen to own it.

    Of course they can. At least, that's what the court of appeals upheld. As an adjudicated monopolist, MS is no longer permitted to use its own desktop in ways that anti-competitively promote its own products -- especially products such as MSN, which even Microsoft can't "innovate" into the OS -- to the detriment of competitors.

    If MS wants MSN's icon on the desktop, let it compete for space. Bid -- don't bully -- AOL out of the race. Now that's capitalism.

  93. Re:Personally, I'm glad by thesolo · · Score: 1

    -1 for being first? I miss the old /. ;) Anyway, I didn't mean for that to be flamebait. However, I think in this situation, MS should make a change to the licensing. AOL is trying to pull exactly what MS got in trouble for, and they've been trying to do it for a long time too (who remembers them trying to buy ad space on BIOS screens??). I'm not all for MS, but I'd trust them over AOL/TW any day.

  94. MSN gets its icon for free by alanjstr · · Score: 2

    The issue that AOL and OEM's face is that Microsoft gets to put their icon on the desktop for free. AOL has to pay for placement.

    1. Re:MSN gets its icon for free by alanjstr · · Score: 2

      Um, if you read it, AOL is paying the OEMs, not Microsoft, for placement.

    2. Re:MSN gets its icon for free by thebatlab · · Score: 1

      And do you propose that Microsoft pay itself to put their icon on the desktop?

    3. Re:MSN gets its icon for free by thebatlab · · Score: 1

      I may have misunderstood that part. The fact still remains though that if Microsoft wants to put an icon on the Windows desktop then they can. It's their operating system so they can include any of their products that they want really. Whether or not I want that icon or that product there is irrelevant.

  95. Re:fighting over a 30 pixil image by lowe0 · · Score: 1

    In ten years, we'll be using something we haven't even thought of.

    Ten years ago we were all running DOS. Look now. No one even remembers DOS (even though it's still there.)

    MS, Linux, MacOS, BeOS,... they're all going to get slaughtered. By what, I don't know. If I did, I'd be buying stock.

  96. Re:I sorta see Billy's point... by rvaniwaa · · Score: 3
    "but telling MS that their own desktop is off limits is like telling McDonalds to sell their Big Macs and McNuggets... somewhere other than at a McDonalds"

    Not at all. What this is like is McDonalds trying to tell me that if I decide to resell their product that I must keep it exactly as they sold it to me. Also, a point that is missed here is that MS has a monopoly. As a monopoly, they must play by different rules than other companies like McDonalds who does not have a monopoly.

    --
    main(i){(10-putchar(((25208>>3*(i+=3))&7)+(i ?i-4?100:65:10)))?main(i-4):i;}
  97. Re:Rules for a monopoly by Sir+Tristam · · Score: 2
    I think its rude to allow for one company to exercise an attitude we find abhorrent in another. One standard, and hold them all to it.
    I totally agree. Since AOL had to negotiate with and pay Compaq to get the icon for their ISP service on the desktop Compaq is shipping, MSN should have to also.
    Negotiations with AOL:
    (Compaq): "All right, it's agreed then. You'll pay us $1 million, and we'll put an icon for your service on the desktop we ship."
    (AOL): "Sounds good."

    Negotiations with MSN:
    (Compaq): "All right, it's agreed then. You'll pay us $1 million, and we'll put an icon for your service on the desktop we ship."
    (MSN): "Uh, no. Tell you what; you put our icon on your desktop or we won't let you have any desktops to ship."

    Yes, Microsoft is once again abusing their monopolistic position.

    Chris Beckenbach

  98. An even better solution is available by Dr.+Spork · · Score: 1
    OEM's should scrape together a few bucks/programmers to hack together a "value-added application," which will have its own icon on the desktop labeled "click here to set up your computer."

    Doing this would activate a script that would, by default, remove all of the stupid stuff in XP (desktop icons, IE, etc.) and replace it with programs that the OEM judges to be better. Of course, there would be an "advanced" tab which would give you the options to keep all that crap.

    This way, MS could stick any icons on the default desktop that they like. MS never contested the right of users to remove those icons, and so what's the difference if this removing is done by a user-friendly, OEM-supplied app? I'm not saying that MS will be happy, and they'll probably claim that the app "breaks" XP, but the OEMs need to stand firm and say "no, it doesn't." MS will probably say that uninstalling stuff which they never meant to have uninstalled voids the warranty that comes with XP, but this will affect no one, because the OEMs, not MS, are responsible for supporting the software installed on new computers.

    This is a better solution because it's easy to implement (there are already great "windows customizing apps" that can safely do all sorts of wonders like removing the media player and system restore from ME), it's easy for the user (just two or three clicks and a reboot), and it requires no compromises with MS. Should the OEM choose, they can replace everything bundeled by MS: the media player, the CD-burning software, the stupid photo-printing ads, etc.

    This would be much easier than forcing users to clean-install XP, a non-solution anyway, since the clean install would set up the desktop exactly the way MS wants.

  99. Re:Script their ass away--YES! by Dr.+Spork · · Score: 1

    YES! But the script should be activated with a program that gives you some options about how much of the crap you would like removed.

  100. Re:Remove MSN access--Think seriously about this! by Dr.+Spork · · Score: 1
    And while we're at it, let's not call it the "remove MSN icon" icon, but instead the "set up your computer" icon, so that everyone will want to click on it.

    And once you have that .exe running, why not give it the capacity to (optionally) remove all the evil from XP? (I mean: IE, media player, those nasty photo-printing ads, etc.) Then, it could check the net for a new version of Netscape or RealPlayer or non-MS CD-burning software...

    Once you have your own .exe activated, there is no ceiling to the good that you could do.

    There is no way Microsoft can object, because they don't deny the users the right to delete icons and customize their installation. There is no difference in principle if this removal is done by a user-friendly application.

  101. It's obvious what the OEMs should do. by Dr.+Spork · · Score: 1
    Here is my vision: Compaq/AOL/IBM/Kodak/ whoever else hates MS but uses them puts a tiny fraction of their considerable resources to quickly write a slick configuration application. Then they can be a concilliatory as they like to MS icon demands, as long as the icon to this application is visible. It should be labeled "set up your computer" and be placad in such a way that it's the first thing a new user would think to click on. When they do this would activate a script that would, by default, remove all of the stupid stuff in XP (desktop icons, IE, etc.) and replace it with programs that the OEM judges to be better. (my vision: it would prompt you to insert the "Compaq Value Added Applications" cd that comes with your computer, which has AOL, RealPlayer, Netscape, CDCreator, etc.) Of course, there would be an "advanced" tab which would give you the options to keep all the old MS crap, but you'd have to be a relatively savvy user to find it.

    This way, MS could stick any icons on the default desktop that they like. MS never contested the right of users to remove those icons, and so what's the difference if this removing is done by a user-friendly, OEM-supplied app? I'm not saying that MS will be happy, and they'll probably claim that the app "breaks" XP, but the OEMs need to stand firm and say "no, it doesn't." MS will probably say that uninstalling stuff which they never meant to have uninstalled voids the warranty that comes with XP, but this will affect no one, because the OEMs, not MS, are responsible for supporting the software installed on new computers.

    This is a better solution because it's easy to implement (there are already great "windows customizing apps" that can safely do all sorts of wonders like removing the media player and system restore from ME), it's easy for the user (just two or three clicks and a reboot), and it requires no compromises with MS. Should the OEM choose, they can replace everything bundeled by MS: the media player, the CD-burning software, the stupid photo-printing ads, etc.

    This would be much easier than forcing users to clean-install XP, a non-solution anyway, since the clean install would set up the desktop exactly the way MS wants.

    In any case, it makes sense that those free AOL cds you get in the mall should auto-run this program. Hey, this is a war, so MS enemies should stand up and fight!

  102. Re:I sorta see Billy's point... by Refrag · · Score: 2

    They don't call it Windows. They call it a computer. It'd be different if they were getting Windows from Microsoft, changing it around -- putting the AOL logo on the desktop, and then selling it as a retail box of Windows.


    Refrag

    --
    I have a website. It's about Macs.
  103. Re:Rules for a monopoly by Refrag · · Score: 2

    There are certain tactics that a monopoly cannot use, but that a non-monopoly can. Check out this Google search. Note that the word "Microsoft" is not part of the search, when you start getting back results. :)


    Refrag

    --
    I have a website. It's about Macs.
  104. Re:More Double-Speak by Spoing · · Score: 5
    How can this guy sleep at night?

    On gold-lined silk pillows, while throngs of bare-naked nymphs...well, what would you do with that much money?

    --
    A firewall can not protect you from yourself. Turn off what you do not need. Do not use the firewall to do your work.
  105. Re:I sorta see Billy's point... by natet · · Score: 1
    This is the reason that splitting the company made so much sense. If the OS portion of M$ were a separate company, then MSN would have to pay to have thier logo on the system.

    Just when I think that M$ is getting a healty respect for the government, and are actually going to pretend to play by the rules, they pull a stunt like this.

    --
    IANAL... But I play one on /.
  106. Re:I sorta see Billy's point... by Stultsinator · · Score: 1
    But after they've sold their product to e.g. compaq or AOL. they should be able to do with it whatever they like.

    There's a slight difference: Microsoft has never sold a single copy of any version of any software package they produce. They license.

  107. Re:fighting over a 30 pixil image by QuaZar666 · · Score: 1

    Made by Intel with the interface made my Microsoft. Dubbed Microsoft Mind Control 1.0 Qua

  108. Re:I sorta see Billy's point... by 51M02 · · Score: 1

    "By the way, if you install the Full or OEM editions of Windows 95, 98, or ME, the MSN icon is on the desktop itself, so that's old news for Microsoft to put the MSN setup icon on the main desktop of Windows XP."

    Yeah I remember the MSN service for Windows95... At that time MSFT was still thinking that the Internet will never be what it's like today, that MSN will be the online services and the net a curiosity that would fading away... Damn, I can't imagine how the world would be today if they were right :-)

    Disclaimer: "I am the sole owner of this comment I will open its source soon."

    --
    --- Bouh !!! ---
  109. moderate Sheldon up by wideangle · · Score: 1

    Thank you.

  110. Re:Uau by Mwongozi · · Score: 1
    The new Office XP (no idea if there is such a thing, but there will be) will not run on any other OS, and will bring something interesting, like XML support or something.

    Office XP runs on any version of Windows, except 3.1, probably.

  111. fscking /. by SnapperHead · · Score: 1
    WTF is going on around here ?!?

    This comment has been submitted already, 276832 hours , 36 minutes ago. No need to try again.

    Posting 1 paragraph of the GPL says that my post is lame. So, the moderation is happening BEFORE I even post it ?!

    Back to my comment, I would like to see them tweak the entire license over to the GPL. One day it will happen, they don't have much of a choice.


    until (succeed) try { again(); }
    --
    until (succeed) try { again(); }
  112. Rules for a monopoly by Alien54 · · Score: 4
    The rules of the world change because they are a monoply.

    Microsoft has yet to adjust to this.

    Also, there is a blurring of the lines of what constitutes an operating system. It seems here that Microsoft has defined the operating system as a Marketing system for Microsoft products, vs a system that allows the computer to run other applications. Microsoft has the idea that the appearance of certain icons is essentail or harmful to the marketing functions of the operating system. When those icons are irrelevent to to the actual core non-marketing functions of the system.

    This is the most irritating part of Microsoft.

    Microsoft, of course, finds it rude and unsettling when someone else engages in the practices that Microsoft has engaged in for years and years.

    Lawsuit prospects continue.n I would love to see microsoft forced to allow everyone do what they want on the desktop, just to tweak there noses. but it would be a bit of a pain for tech support geeks, all those "non standard" menu systems.

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:Rules for a monopoly by Kierthos · · Score: 1

      It's not like it's always helped or worked in the past, but oh, say, prior art? Macs had desktop icons for years before M$.

      Kierthos

      --
      Mr. Hu is not a ninja.
    2. Re:Rules for a monopoly by ClosedSource · · Score: 1

      There's a lot of talk about rules for a monopoly around here, but I think everyone is just making up their own list. Certainly the court didn't restrict MS from requiring an MSN icon on the desktop. Despite what AOL says, allowing OEMs to put competitors' icons on the desktop is a significant concession for MS. AOL is just upset that they can't make a deal with OEMs to monopolize the desktop.

    3. Re:Rules for a monopoly by Shivetya · · Score: 2

      ""Microsoft has the idea that the appearance of certain icons is essentail or harmful to the marketing functions of the operating system. When those icons are irrelevent to to the actual core non-marketing functions of the system.""

      If they are irrelevant, then why are you so concerned that they want theirs too?

      Huh?

      ""The rules of the world change because they are a monoply.
      Microsoft has yet to adjust to this.""

      but it does not excuse other companies to use the same tactics. Icons are irrelevant, so why should they adjust their behaviour?

      I think its rude to allow for one company to exercise an attitude we find abhorrent in another. One standard, and hold them all to it.

      --
      * Winners compare their achievements to their goals, losers compare theirs to that of others.
    4. Re:Rules for a monopoly by EFGearman · · Score: 1

      Two words for you....

      Xerox Parc

      Eric Gearman

      --
      Atomic batteries to power! Turbines to speed!
    5. Re:Rules for a monopoly by SGDarkKnight · · Score: 1

      "Microsoft, of course, finds it rude and unsettling when someone else engages in the practices that Microsoft has engaged in for years and years."

      I'm just surprised Microsoft hasn't tried to patent the desktop icon yet...

      --

      ...A no smoking section in a restaurant is like having a no peeing section in a swimming pool...
    6. Re:Rules for a monopoly by ewithrow · · Score: 1
      but it would be a bit of a pain for tech support geeks, all those "non standard" menu systems.
      Isn't that what this new "remote desktop assistance" is for?
    7. Re:Rules for a monopoly by Smedrick · · Score: 2

      The rules of the world change because they are a monoply.

      True, but maybe the common idea of a monopoly doesn't fit the Information Age. Software is a cloudy subject. I don't think Microsoft's "monopoly" is quite like the railroad and oil monopolies of the past. Sure, they shouldn't be allowed to have absolute control of the desktop once it's on a computer...but you can't have double standards either. I think they made the right move saying "all of nothing". Microsoft has just as much right having their icons on the desktop as AOL does (maybe even more...it is their OS). The bottom line is that we're still in the growing stages when it comes to IT. Definitions and guidlines are still very hazy. When you're dealing with software, you've got to rework the whole system. Nothing's black and white anymore.

      --

      --
      "I strongly urge both the faint of heart and the faint of butt to leave the room at this time."
      - Strong Bad
  113. Re:I sorta see Billy's point... by The+Abominous+Salad · · Score: 1

    Well, yeah. That's exactly right. Pretty much any right to resell or bundle any product or service includes a clause that reads something like "...Licensee is not permitted to modify the Product, in part or in whole, without exclusive and specific license from Licensor, and only to the extent explicitly stated in the license." That's called brand protection. It keeps Licensee from warping the Product and causing degradation of the brand. (And yeah, it also keeps AOL from having the same share of the Desktop.)

  114. I sorta see Billy's point... by The+Abominous+Salad · · Score: 5

    I mean, it's Microsoft's operating system. They can't be expected to pay licencing or advertising costs to promote their own (other) products, and they can't be expected to miss out on the most lucrative advertising medium, the Windows desktop, just because they happen to own it. There are ways to help competitors out, but telling MS that their own desktop is off limits is like telling McDonalds to sell their Big Macs and McNuggets... somewhere other than at a McDonalds.

    1. Re:I sorta see Billy's point... by poot_rootbeer · · Score: 1
      But after they've sold their product to e.g. compaq or AOL. they should be able to do with it whatever they like.

      But Microsoft isn't selling Jack Poop to Compaq or AOL -- they're LICENSING.

    2. Re:I sorta see Billy's point... by quintessent · · Score: 2

      Or how about, you walk into Wendy's one day, and you notice the only advertisements on the walls are for Burger King. Kinda strange...

    3. Re:I sorta see Billy's point... by MtViewGuy · · Score: 1

      I think I'm a bit not clear about my suggestion. :-/

      What I suggested would likely be on the USA release of Windows XP; the available national ISP selection would be different for each country where Windows XP is sold. For example, since you're from Finland, my suggestion of a pop-up windows to set up the ISP you want may include MSN but would likely include the national ISP's of your country instead of AOL or EarthLink here in the USA.

    4. Re:I sorta see Billy's point... by MtViewGuy · · Score: 1

      However, there should still be a baseline for the ISP's you can choose. That's why for the USA edition of Windows XP I would include AOL, CompuServe, MSN and EarthLink, the only ISP's I know of that have true national coverage.

    5. Re:I sorta see Billy's point... by MtViewGuy · · Score: 2

      I think the best solution is this: put a folder marked Online Services onto the initial desktop for Windows XP, or at least have a pop-up window to select your ISP when you first start up your computer. From this you have you choice of the following national online services:

      1. MSN
      2. America Online
      3. CompuServe
      4. EarthLink

      There will also be a setup icon to enter the configuration settings of the ISP you're already using.

      By the way, if you install the Full or OEM editions of Windows 95, 98, or ME, the MSN icon is on the desktop itself, so that's old news for Microsoft to put the MSN setup icon on the main desktop of Windows XP.

    6. Re:I sorta see Billy's point... by phaze3000 · · Score: 2
      If grocery stores wish to paint Coke cans green prior to re-selling, I see no reason they should be stopped from doing this. They should even be allowed to change what's *in* the Coke, as long as the customer is made aware of this fact.

      Isn't this sort of the point of capitalism, brand differentiation?

      --

      --
      Blaming GW Bush for the Iraq war is like blaming Ronald McDonald for the poor quality of food.
    7. Re:I sorta see Billy's point... by Kierthos · · Score: 1

      They don't sell 'Rum and Coca-Cola' or any other mixed drinks in your country?

      Not at any of the grocery stores I've been to. Of course, I don't drink a lot, so I tend to gloss over those parts of the groceries. Although they don't pour Rum in the two-liter bottles of Coke and continue to market it as plain, ordinary Coke. If I'm buying a Rum and Coke at a bar, I know what I'm supposed to be getting (unlike ordering a Black and Tan anywhere in Five Points...). I'm not expecting straight Rum, nor straight Coke. Likewise, when I buy Coke at the store, I expect it to be Coke, and if there's any Rum, I complain to the store that food tampering has been done. (Having heard several food tampering stories, the thought scares the hell out of me...)

      But by adding an AOL or an MSN icon to the desktop, the OS is not intrinsically altered. They are easily removed as well. Just try removing the Rum from the Coke once you mix them. (Although that could be accomplished by freezing... the Coke would freeze first, and it's simplistic.)

      Now, do I like what MS has done? No. Is it legally enforceable? IANAL, and the one person I could ask about contract law is in New Jersey for the next couple of weeks. I think that it would have to be agreed to by both sides under normal contract circumstances, but it's much more likely one of those TOS-type contracts that allow MS to change the conditions at will. Usually businesses don't abuse those things too badly because clients will tend to seek other alternatives. Unfortunately, with MS's market share in OS's, it's not like Compaq has much of a choice. (Well, I'd like them to switch to Redhat, but I don't see it happening....)

      Kierthos

      --
      Mr. Hu is not a ninja.
    8. Re:I sorta see Billy's point... by Kierthos · · Score: 2

      1) The grocery store does not own Coca-cola. If they change what is inside, even if they notify the customer, it is food-tampering. If they want their own Coke-ripoff product, they can market their own brands, which several chain stores already do. Likewise, no company should be allowed to legally alter someone else's product and put the same package on it.

      2) Ooo, look, AOL and MSN icons. Move to delete bin. Repeat as needed. If computer companies insist on making deals to have stuff start on the desktop, they had better be prepared to deal with people who don't want it there and take steps to remove it. Once I buy the computer from Dell/Compaq/whoever, it's mine, and I'll damn well erase anything I want to. Actually, I'm much more likely to request a formatted drive to begin with and do my own software installs, but if they don't have that option or insist that they don't, all it takes is "format c:"

      How is this a major issue to anyone with a working keyboard and mouse?

      Kierthos

      --
      Mr. Hu is not a ninja.
    9. Re:I sorta see Billy's point... by shotfeel · · Score: 1

      Not unlike the many places that used to sell cherry-coke, before Coca-Cola ever bottled it.

    10. Re:I sorta see Billy's point... by shotfeel · · Score: 1

      So if the OEM licenses it just like I do, why is it I can modify the desktop and they can't? Why can"t I have the OEM, acting as my agent, modify the desktop in a manner that is more to my liking? It used to be that part of what differentiated one PC manufacturer from another, was what software was pre-installed, and how that software was configured. That is until MS used its monopoly position to "argue" that they new what the customer wanted more than the OEM, so OEMs are no longer allowed to mess with Microsoft's out-of-box experience.

    11. Re:I sorta see Billy's point... by shotfeel · · Score: 1

      So then I have to ask why not let the OEM (or VAR)determine the ISPs they think (for whatever reason) are the best match for their customers? Isn't that really the "fairest" way to do it?

    12. Re:I sorta see Billy's point... by Da+Masta · · Score: 1

      Actually, its more like the suppliers of the buns, ketchup, etc. demanding that their logos be displayed on the Big Mac wrappers. The whole icon changing issue is about oem versions, which are meant for release, not the retail versions, which are not. Same goes for buns and ketchup which McDonalds is allowed to resell, but not Big Macs which is not for resale.

    13. Re:I sorta see Billy's point... by os2fan · · Score: 1
      No it's not the same.

      The process is similar to a burger-bun monopoly insisting that every burger chain sells Coke. It just would not happen.

      MS does not "own" the first load screen: this is the domain of the OEM, who assemble the machines. If an OEM does a deal with AOL or MSN, then they should be allowed to load that software. They're the ones supporting that product.

      Also, MS would be using its market position in one market (OS) to gain a unfair advantage in another (free placement of their ISP), which becomes a predatory pricing issue [since their placements are at a lower cost than their competitors].

      It's not the same as telling McDonalds not to sell their Macs elsewhere, it's more akin to telling Macs that if you use our buns for your burgers, you have to sell our softdrinks. Therein lies the difference.

      --
      OS/2 - because choice is a terrible thing to waste.
    14. Re:I sorta see Billy's point... by jphr3ak · · Score: 1

      That an absolutely inane analogy. Although I don't know this as a certainty, I'm sure OEMs are licensing the right to place MS on their machines. They don't own the OS, anymore than we do when we purchase it - we license it too, remember? Just like McDonalds requires individual franchises to use a specific ratio of coke syrup to carbonated water, so too MS requires OEMs use a specific desktop configuration ...

    15. Re:I sorta see Billy's point... by Ayende+Rahien · · Score: 2

      Actually, they never said that you can't add icons to the desktop.
      What they refused to do is to allow you to take their own icons out.


      --
      Two witches watched two watches.

      --

      --
      Two witches watched two watches.
      Which witch watched which watch?
    16. Re:I sorta see Billy's point... by Ayende+Rahien · · Score: 2

      I'm not sure if you are aware of it, but that is what 98 did.

      --
      Two witches watched two watches.

      --

      --
      Two witches watched two watches.
      Which witch watched which watch?
    17. Re:I sorta see Billy's point... by Ayende+Rahien · · Score: 2

      How do you know that it didn't?

      --
      Two witches watched two watches.

      --

      --
      Two witches watched two watches.
      Which witch watched which watch?
    18. Re:I sorta see Billy's point... by GdoL · · Score: 1

      Didn't you ever went to a joint where they sell Coke, or beer, that is more "watered" than the original? They don't advertise this, of course!!
      I can see what Microsoft is telling, "if you want to put an add on my product, put but you must include me". The problem is the attitude prior to this.

      --

      ------I can please only one person per day. Today is not your day. Tomorrow isn't looking good either.------
  115. Guess you never seen a grocery store deli. by SlushDot · · Score: 2
    If they change what is inside, even if they notify the customer, it is food-tampering.

    I guess you never seen a grocery store deli. They "gasp" open the sliced ham packages and bologna packages, make sandwitches out of them, then saran wrap them and resell them! Ye Gods the horror! Food tampering! Food tampering! Not. As long as the customer is made aware that some change has taken place, there is nothing the original food mfg can do about it.

    --

  116. hmm... by Mike1024 · · Score: 5

    This case is unique, in that it it the only dispute I've heard of in the computer industry where I actually want *both* parties to loose.

    "It appears that Microsoft is backing off their much ballyhooed itty bitty teeny weeny sliver of flexibility and heading back to the rigid stance that has been slapped down by the second-highest court in the land," said AOL Time Warner vice president John Buckley.

    Gotta love that quote though. People don't use the word 'ballyhooed' anything like enough.

    Michael

    --
    "Goodness me, how unlike the FBI to abuse the trust of the American public." -- The Onion
  117. Double standards once again by WildBeast · · Score: 1

    Let me get this straight, you guys don't want any government intervention but as soon as it comes to MS, all of a sudden you encourage government intervention. Is MS that much scaring you?

  118. Re:The Thing that Bothers me by WildBeast · · Score: 1

    Now MS have to get permission before placing an icon on their own Windows OS Desktop?

  119. Can't get rid of them?? by cygnusx · · Score: 1

    If I interpret that as 'can't seem to stop running into them' ... then -- well, it's pretty easy to associate the mailto (or http for that matter) protocol to any program you choose -- including Opera and Netscape. These programs' install routines do it for you by default, too.

    Anyway, there's nothing that stops you from installing all kinds of stuff yourself. What MS counts on, however, is the millions of lusers out there who would never dream of tweaking their computer in any way.


    ____________________________
    2*b || !(2*b) is a tautology

  120. What about single-click open? by enichols · · Score: 1

    Do yourself and your parents a favor and change the folder options to single-click open. Then just tell them that their computer is the same as a webpage. You can even set it to highlight folders and files like hyperlinks. Then you just have to worry about them double clicking and opening stuff twice ;)

  121. No soup for you! by jpellino · · Score: 2
    Can you imagine an analog ANYWHERE ELSE?!

    Er, no sir - you either put Quaxxon gasoline in it every time you fill up, or if you DO fill up somewhere else, you're required to make sure you ALSO run down the street and put in a half a tank of Quaxxon.

    And if you refuse, you have two choices. Go out and buy yourself one of those *sniff* OTHER machines, you know, the really efficient ones what can run for days, or go brew your own gas, but that's probably illegal and really really scary.

    But if you do brew your own, we're going to get several plug-ugly executives to stick their tongues out at you once a quarter. So there.

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
  122. Ostracised by Placido · · Score: 1

    I'm probably going to be ostracised (spelling?)from /. for saying this but that seems like a fair compromise. When it comes down to it Windows is Microsoft's OS and they should be able to do what they want with it. The only reason that it's such a problem when MS fsck's with Windoze is that there are companies trying to compete with MS Products on MS ground.

    I can whoop a shark on land but don't expect me to swim with it.


    Pinky: "What are we going to do tomorrow night Brain?"

    --

    Pinky: "What are we going to do tomorrow night Brain?"
    Brain: "I would tell you Pinky but this 120 char limi
    1. Re:Ostracised by Placido · · Score: 1

      And to use your completely unrealistic analogy:

      And what if the manufacturer decide to carve a design around the edge of the desktop and incorporate a built in pencil holder. Does he or doesn't he have the right to do that?


      Pinky: "What are we going to do tomorrow night Brain?"

      --

      Pinky: "What are we going to do tomorrow night Brain?"
      Brain: "I would tell you Pinky but this 120 char limi
    2. Re:Ostracised by Placido · · Score: 1

      I would agree that whether or not Microsoft is a monopoly is central to this debate but I do feel that other OS's do provide competition. I used Mac's and Linux for a year and had not one problem. We even networked Q3A.

      Look. My basic argument is that if I design a product and sell it then I should not have to be held accountable to anyone for what I ship with that product. Obviously I run the risk of alienating the users but this product is NOT a neccessity and there are other competing products out there. It just seems extremely unfair from Microsoft's point of view.

      Main Entry: analogy
      Pronunciation: &-'na-l&-jE
      Function: noun
      Inflected Form(s): plural -gies
      Date: 15th century
      1 : inference that if two or more things agree with one another in some respects they will prob. agree in others



      Pinky: "What are we going to do tomorrow night Brain?"

      --

      Pinky: "What are we going to do tomorrow night Brain?"
      Brain: "I would tell you Pinky but this 120 char limi
    3. Re:Ostracised by bumski · · Score: 1
      When it comes down to it Windows is Microsoft's OS and they should be able to do what they want with it
      In my office at work, I have a nice wooden desk leased from a furniture provider. Although it's their desk, NOT ONCE have I had to ask their permission to put something on it. If they were to say to me, "You may only place paper on our desktop if you simultaneously have a pair of RonBert Scissors laying on it," I would quickly trade it in for one from a different company.

      Thank god office furniture isn't supplied by a monopolistic tyrant.

    4. Re:Ostracised by bumski · · Score: 1
      Well, to pick a nit, it's a metaphor, not an analogy, and it's hardly mine. After all, I'm not the one who decided to call that big, mostly blank space on my UI a "desktop."

      To your point, sure, the manufacturer has every right to decide to offer a built-in pencil holder. He could also clutter it up with all sorts of other things, annoying me to the point that I decide to get a different desk.

      The problem comes when there's only one desk manufacturer, with a very limited selection of models. At that point, he becomes a monopoly, and can reasonably expect some regulation in what he can & cannot do. Whether or not Microsoft constitutes a monopoly is open to debate, but the prevailing opinion would seem to be that it does.

    5. Re:Ostracised by zonk+the+purposeful · · Score: 1
      Have to disagree. They are not supposed to leverage the monopoly power of OS's unfairly

      If they want the icon on the desktop - they should do a deal with the OEM themsleves. This way they are saying - you can't have our OS unless you promote our services - something that other companies have to pay for. Thats an unfair commercial advantage in my book.

      --
      "I see. The fact that you...`can't explain'.. explains everything."
    6. Re:Ostracised by zonk+the+purposeful · · Score: 1
      I don't see a similarity.

      It's the monopoly issue that makes it a special case. To try to analogise....

      A book distribution company adds insert for company A, the publisher says, hang on, if you do that you must include our inserts as well otherwise you can't sell our books.

      The publisher is a monopoly however - the distributor gets 90% of your books from them, so in effect, if they don't agree it's likely to go out of business.

      Now we have the situation where company A has to pay for a service that the publisher is now getting for free, under the threat putting them out of business.

      --
      "I see. The fact that you...`can't explain'.. explains everything."
    7. Re:Ostracised by zonk+the+purposeful · · Score: 1
      Maybe I'm just having a slow brain day but...


      OEM does a deal with microsoft for the OS. fine.

      OEM does a deal with web services provider. fine.

      OEM does a deal with microsoft for web services. fine

      Microsoft enforces a deal for it's own content provider linked to the OS deal. not fine. it's a monopoly, it's using the huge stick to manipulate another company's business practice, I'd say that was an issue...

      --
      "I see. The fact that you...`can't explain'.. explains everything."
  123. Damn that was close! by Placido · · Score: 1

    Stupid dick that I was I went and clicked on the link without checking it first!

    Luckily only one word of that link was goatse and the rest is actually a spell checker link and I missed the goatse link by about four pixels.

    As for the word, I didn't look it up cause I was pretty sure I had spelt it right and seeing as it was one word, and probably correct, I couldn't be bothered opening a new window to check my spelling...as it was I did spell it right. Phew.


    Pinky: "What are we going to do tomorrow night Brain?"

    --

    Pinky: "What are we going to do tomorrow night Brain?"
    Brain: "I would tell you Pinky but this 120 char limi
  124. How dare AOL try to control the Windows desktop! by tenzig_112 · · Score: 3
    I share Microsoft's righteous outrage at AOL's attempt to monopolistically control the desktops of those who use their software.

    I don't know where they got the idea- but no one could have come up with something so evil on their own.

    Clearly, any attempt to control the desktop icons on a commodity-style operating system would constitute an illegal act, a crime against the state.

    I agree with Microsoft that AOL should stop plying their dirty tricks tactics and play fair.

    Microsoft has to play by the rules, why should AOL be any different?

  125. A solution? by 0bjectiv3 · · Score: 1

    As we all know, the only thing that prevents users from formatting their drives and installing the OS is a little bit of knowledge. Personally, I don't know any experienced computer users who don't reformat their drives after getting a new computer.

    We also know that many users would be happier with a different OS than the one that comes on their computers.

    Finally, we're all well-aware of Microsoft's new Product Activation requirement, which ensures that WinXP will not continue running without activation.

    The solution? Allow consumers to buy their choice of OS at the time of installation, instead of bundling it into the price of the new machine.

    Require OEMs to ship computers with a set of CDs (or a bootable DVD) specially designed to install the user's choice of OS automatically. (The computer could still come preinstalled with XP, but the user would purchase XP at the time of activation, and only if they actually required a new license.) Various OS companies would pay a small fee to the OEM in order to have their OS included in the CD set. This small fee would cover the OEM's additional expenses, and ensure that only viable consumer OSs (like RedHat and BeOS) would be included. If the consumer chose an "alternative" OS, the OEM would have the option of outsourcing their support to the OS's distributor (and most probably would). Regardless, the OS vendors would recoup their "inclusion fee" if a reasonable number of users (>5%, probably) chose their OS.

    It helps consumers because they get more choice. It helps Linux because it increases the user base. It even helps Microsoft, because they would no longer be a monopoly by any stretch of the imagination, and would be free to continue extending the Windows feature set and selling space on the desktop.

    --

    "Saddam Hussein cavorts with terrorists."
  126. Re:a very simple solution is available... by KillerBob · · Score: 1

    I work tech support for a certain OEM that people seem to enjoy berating. You wanna know why we don't just ship the PC without the O/S?

    Cap'n Bucky doesn't have the slightest clue how to configure power management under windoze, and now you want him to INSTALL it?!?!?!?

    Pure genius. Really, it is. If a user knows how to install an o/s, usually that's the first thing they do. Format the HDD and install Win98SE, W2K, or better yet Linux.

    Just don't bitch at me when your 4-year old copy of Oracle doesn't work in Windows ME, like my favourite call from yesterday.

    --
    If you believe everything you read, you'd better not read. - Japanese proverb
  127. Re:a very simple solution is available... by KillerBob · · Score: 1

    I strongly belief that more then 40% of all Windows licences are never in use but just lay around...

    Maybe that'll help make up for all the pirated copies running around....

    --
    If you believe everything you read, you'd better not read. - Japanese proverb
  128. Re:"format c:" or format c:/s" to make it bootable by sfe_software · · Score: 1
    This method works on most PCs:
    1. Insert RedHat CD (substitute your favorite distro)
    2. Make sure BIOS is set to boot from CD
    3. Forget about any MSN/AOL icons
    More seriously though, this is one of the reasons I stay away from OEM machines. Whether I intend to run Windows, Linux, or *BSD, I'll buy (or download) the OS and install it myself.

    Now, getting back to the point, the average user who would even consider using MSN or AOL isn't sophisticated enough to delete icons. They don't format hard drives or configure operating systems, and these are the very people those icons are targetted toward. Replacing an MSN icon with an AOL icon can easily mean the loss of an MSN customer. Don't forget we're talking Compaq PCs here, too... same target users...

    Now, as for whether MS should be allowed to do this, I am a little bit torn... Someone used the grocery store analogy earlier, but there are many cases where this applies.

    In general, if you resell someone else's product, you can't modify it unless you have an agreement with the original company. Generally will only find this on non-proprietary products. You won't find Intel chips resold under another name.

    I don't think I'd want someone reselling my OS after removing my ISPs ads, and replacing them with ads for a competing ISP. Whether it's legal or wrong or whatever, I'm sure I'd do the same in their position... I won't say I agree with MS, but in this one particular issue, I can at least understand their concern.

    - Jman
    --
    NGWave - Fast Sound Editor for Windows
  129. Re:"format c:" or format c:/s" to make it bootable by sfe_software · · Score: 1

    Ah, try VMWare if you get the chance... and you ever need to run something in Windows when your primary box is Linux. Its a fantastic program.

    I actually downloaded it a few days ago, and can't quite get it working on my notebook. I'm already set up dual-boot, and tried to boot my existing Win2k installation under vmware, but vmware crashes before I get to the "Choose Hardware Profile" (I followed the FAQ, including setting up a second hardware profile under Windows)...

    I can boot my other Linux partition though, and there are some power management issues (especially on a notebook) in the FAQ that I haven't gotten around to messing with yet...

    I'll probably muck with it later, right now I'm fighting with RPM (never upgrade 'rpm' itself using 'rpm --nodeps ...' -- or should that be don't log in and play as root after a few beers? :)

    For now, dual boot (with Win2k's Hybernate) works decent enough...

    - Jman

    --
    NGWave - Fast Sound Editor for Windows
  130. Re:"format c:" or format c:/s" to make it bootable by (H)elix1 · · Score: 1

    Ah, try VMWare if you get the chance... and you ever need to run something in Windows when your primary box is Linux. Its a fantastic program.

    My IBM Z-pro came with WinNT - not a problem since I was rebuilding the box into a linux workstation anyhow. As things grew, we ended up with a PHB that "had" to have his MS Project files used by the development team. Whatever, we complied, ordered copies of Project, copies of VMWare, and figured we were set. We got a license and CD with the box, so no need to puchase another copy, right? IBM, like so many others these days set up the bloody recovery disk to check the hardware, which is exactly what VMWare emulates...

    Just so you know, those full version CD's of Office 97, Win98SE, or NT might be worth sticking in a safe spot - lord knows it will be hard to find a full version of any micros~1 product in another couple years, and it will cost you much more the second time you buy them... My copy of OfficeXP will be registered to VMWare hardware when I phone it in.

  131. "format c:" or format c:/s" to make it bootable? by (H)elix1 · · Score: 2

    It use to be that simple.... Today, you purchase WinME with a new Dell/Compaq/most larger folks it comes with a neutered version of DOS. You can not build (without some hacking an emergency disk) a bootable floopy -> bootable (almost) blank HDD.

    These days, most OEM's give you a recovery CD rather than a complete build of the OS anyhow. A fair bit of hacking let you install Win98SE in the past, not sure if you can still do that with ME. I thought about ordering one of those $400 Gateway servers a few weeks back. Talked to the sales rep, and they would not sell me a copy of Win2K pro - only Server - since they did not have an image for that MB/BIOS combo. Grrr.

    These "recovery" CD's make it real hard to get software you have licensed for a machine into a VMWare instance.

  132. Mod parent up, please by nytes · · Score: 1

    Great summary.

    --
    -- I have monkeys in my pants.
  133. No - not free by nytes · · Score: 1

    MS reduced the price on Windows by $30 when they made this decision. So they are basically paying for it by giving the OEMs a discount.

    (If you believe that, I understand that Bill G. has some swampland he's willing to sell at low-low prices.)

    --
    -- I have monkeys in my pants.
  134. Re:Icons by shotfeel · · Score: 1
    Except that OEMs aren't in the business of selling operating systems, they're in the business of selling computers.

    So to continue this fun "burger" analogy, imagine there is a company that has a monopoly on ketchup (say MicroCondiments). You run a burger joint, and your business is selling burgers. Another company comes to you and wants to pay you to use their mustard so they can make their product visible to the public. You get money and free mustard, they get exposure, your customers have an additional option for configuring their burger. Everyone wins.

    The problem is that that MicroCondiments also sells mustard, so they now tell you that if you put any mustard on a burger with their ketchup, you also have to make their mustard available. After all, they have to make sure nobody "tarnishes" the taste of their ketchup. Sure, you can still sell burgers without ketchup, but your going to go out of business real fast.

    So now the original deal isn't as valuable to the original mustard manufacturer, so he's not willing to pay you as much (if anything) for a non-exclusive deal. He loses, you lose, and your customers don't know the difference.

    On another note, anyone else getting hungry?

  135. Re:a very simple solution is available... by NotInTheBox · · Score: 1

    Yes, I was sarcastic. But let's face it: as long as we *do not* have the choice to say no to windows, MS will stay a monopoly. We (the public) voted them to be this monopoly, I strongly belief that more then 40% of all Windows licences are never in use but just lay around... The real problem is that we have here a very dangerous piece of software (just look at the virus and worm count) and we are addicted to it. This is a very bad position to be in. Are we able to loose microsoft? Not really. We are addicted and can no longer say No, and now everything goes to hell because if this weakness. We really need to support open standards and open formats. Who cares about the tool? Use the tool (OS, application, whatever) you want to use and store all the data in some open standards.

    --
    What I cannot create, I do not understand
  136. Re:a very simple solution is available... by NotInTheBox · · Score: 1

    I wasn't serious. Geee! But do you have the choice to reject the windows? Would you install FreeBSD for me? For a small fee, or would it then somehow be more expensive then the windows option? I don't know many computer destributers that do offer anything else but the with windows option In most cases I will not have a choice but to buy a windows licence I'll never use.

    --
    What I cannot create, I do not understand
  137. Re:The Coward installs... by NotInTheBox · · Score: 1

    Yes, I agree the install procedure should be a no-brainer... Why isn't it?

    --
    What I cannot create, I do not understand
  138. a very simple solution is available... by NotInTheBox · · Score: 2

    Why don't they (OEM) sell the pc without any OS, and then let people install it them selfs? That would really level the playing field for everyone. People would not have to buy a Windows licence which they don't use, MS has no real legal problems anymore because the illegal deals with the OEMs are not there any more, and AOL can offer you a free cd with every PC (just like they do today with magazines). Wouldn't that make everybody happy?

    --
    What I cannot create, I do not understand
    1. Re:a very simple solution is available... by SGDarkKnight · · Score: 1

      I work for and OEM computer distributer, and i can say that if we didn't install any OS on any systems, that would just kill our sales. Not many people have the knowledge on how to install the OS along with all the required drivers for their systems. Second, we are also a Microsoft Certified Partner, if we didn't install the OS, the customer would simply be calling us for support on in installing it. That i think would be even more of a pain in the ass.

      --

      ...A no smoking section in a restaurant is like having a no peeing section in a swimming pool...
    2. Re:a very simple solution is available... by SGDarkKnight · · Score: 1

      but you see, you can always reject windows and get nothing with the system, but then the burden falls on you to supply an OS for yourself; unless you're planning on using windows without a licence (and that would just be wrong :P). What i'm saying is that the average person has absolutly no clue on how to install windows, let alone anything else. The reason why next to nobody offers anything else except windows is becuase of support, there is simply more support out there for windows.

      If you install freeBSD on a system for a customer, then you have to support freeBSD for that customer. you have to think of it like a customer does, if they buy something for their system and it dosn't work, they are going to be calling the guy that sold it to them.

      Then comes compatability with the system, you're only going to use freeBSD if you know how. I think its safe to say that the average person will not know what their doing with it, let alone where to get help for it.
      [end rant]

      --

      ...A no smoking section in a restaurant is like having a no peeing section in a swimming pool...
    3. Re:a very simple solution is available... by KenRH · · Score: 1
      You could sell the PC without windows, then sell windows as an add-on option, with the installation as a service.

      You could have most of the PC's in storage ready windows installed for effiecy.

  139. Icons by furchin · · Score: 1

    First, I'd like to point out the most people here seem to be arguing FOR an AOL icon on desktops (or at least allowing them to do so). Even through the general hatred of MS here, you should realize that AOL isn't exactly a great ISP.

    Anyways, to the point of reselling and changing McDonald's burgers -- McD's will NOT let you change a burger and sell it again under their name because if you reduce the quality of their burger, their name is tarnished. Don't make the argument that you should be able to change windows all you want and resell it. You can't and shouldn't be able to change it. It is an MS product, and if some computer manufacturer deletes random DLLs and sells consumers that version, MS will take the blame for having a crappy OS. Granted, desktop icons won't mess up the computer, but it is the same general idea.

    Finally, to the point that MSN needs to be plugged as much as any other ISP on the desktop, this is not true. MSN needs one icon -- you could fill the rest of the desktop space with AOL icons.

  140. Good for them. A fair solution as any. by Shivetya · · Score: 2

    All or none.

    I guess someone will claim they are exercising thier "monopoly" by making that requirement.

    Its the fairest way to end-run the AOL (we haven't been put in court, so we can do all the things that are bad until then) deal.

    Two wrongs don't make a right, hence the AOL deal is just as bad as what people accused MS of.

    As for MS featuring their products over AOL's IM and the AOL service, uh, people who live in glass houses shouldn't throw rocks...

    Subsitute AOL/MS and Windows/IM "We at NNNN are trying to comply with the Federal Requlators regarding making changes to YYYYY but it will take a few years as it is very difficult"

    (still I like this new solution - it just begs the question - can everyone get on the desktop now so we can end this silliness)

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  141. Then MS should not be required to support it. by Shivetya · · Score: 2

    They should not be required to support a product where the OEM has changed the installed software or the presentation.

    Second, how long before these same "protectors of the public" tell Ms that they cannot install a MSN icon through a store bought upgrade version of Windows? Shouldn't we stop them there too?

    How long before this same government, in a statement to protect consumers at all levels, determines that all desktops, (apple and linux too) must be open to everyone, meaning if it can run there the OEM must put it there, or the creator of the software must do so?

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
    1. Re:Then MS should not be required to support it. by GreyPoopon · · Score: 2
      They should not be required to support a product where the OEM has changed the installed software or the presentation.

      True, but this is already the case. Microsoft does not support Windows that has been installed by an OEM. The OEM has its own support department for this. But all of this goes back to unnecessarily tying the browser into the operating system. The only practical reason to do so was to make sure that their browser was the defacto standard. Otherwise, the browser would have been easily separated from the rest of the OS and replaced by that of a competitor. Likewise, if Microsoft truly allows OEM's to add or remove features from the desktop, they aren't really changing the installed software. They are taking advantage of a feature Microsoft offered them.

      Second, how long before these same "protectors of the public" tell Ms that they cannot install a MSN icon through a store bought upgrade version of Windows? Shouldn't we stop them there too?

      I'm sorry, but this just isn't the same situation. There's not an OEM involved here. It would be more accurate to ask how long it would be before AOL can make deals with stores selling upgrade packages to include a special AOL-friendly version. This isn't likely to happen unless AOL becomes a VAR for Microsoft -- and if such happens, the terms of the contract aren't likely to allow such.

      How long before this same government, in a statement to protect consumers at all levels, determines that all desktops, (apple and linux too) must be open to everyone, meaning if it can run there the OEM must put it there, or the creator of the software must do so?

      Again, you're not seeing the point. This was an agreement between AOL and OEM's. There was no legislation or government statement that said all OEM's must put all possible packages on the machines. Instead, we're looking for the possibility that OEM's can choose to put what they want on the machines.

      GreyPoopon
      --

      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

  142. Re:Good for them. A fair solution as any. by baptiste · · Score: 2
    How can you say the AOL deal was wrong, but MS forcing their icons to remain (or all being removed) being right? The main idea here is MS forcing OEMs to do what MS says with teh desktop. Remember, OEMs see the desktop as a tool too and a revenue stream. I see nothing wrong with an OEM agreeing to make AOL the dominant ISP - same as some other OEM making MS the dominant ISP - so long as it is the OEMs choice because THEN you have competition, not a monopoly like MS forcing their will on EVERYONE.

    Personally, I can't understand why AOL let this slip out before the release of XP - they knew Microsoft would pull this crap.

  143. Re:Uau by mikethegeek · · Score: 2

    "Uau! They don't really give a fig about the Goverment suit. Next you know they will change their mind again and reclaim the desktop as Microsoft-only, and the hell with all."

    Yep. It doesn't speak well of them either way... Either they made the change naievely thinking everyone would march in jackboot lines with MSN, or else they never intended to allow anyone (but them) to profit from the desktop.

    IMO, them restricting what the OEM does to the desktop seems to me to be a violation of the "first sale" doctrine. But it's just another example of why it benefits both customer and OEM to use a free OS (free as in speech). There is no "iron fist" around your business telling you what you can and cannot do to the PC you are selling.

    "I sure wish I could use the same attitude in my dealings with the Goverment."

    Don't you wish? Microsoft seems to have "fuck you" money. They have enough to say "fuck you" to anything the feds say or do. Microsoft, as IBM put it, is arrogant. It remains to be seen as to whether the government or the consumer will make them pay for their overbearing arrogance.

    Personally, I think XP is going to be the first major setback for M$, as I don't see ANYONE lining up in droves to buy what is essentially a very minor upgrade to Windows 2000, that removes features and freedom from Windows 2000. As a matter of fact, the MORE XP sells, the more enemits MS will make of customers when they run up against the artificial "`Doze has decided not to let you upgrade this" wall.

    --
    === The price of freedom is eternal vigilance
  144. Re:Uau by mikethegeek · · Score: 2

    Actually, for no good reason (other than that M$ wanted to force upgrades), Office XP will NOT run on `95, only 98, ME, 2000/NT, and XP.

    --
    === The price of freedom is eternal vigilance
  145. Missing the point by Cutriss · · Score: 1

    The point here isn't that Microsoft controls the desktop or hates AOL. It's Microsoft's refusal to give up the practice of product tying. Just like Microsoft insisted that IE be on the desktop of Win98, Microsoft knows that, if they allow competitors unfettered access to the desktop, Microsoft will potentially be losing cash.

    By eliminating all the icons from the desktop, then Microsoft is assured that no extra products can compete with their own, since those gosh-darn handy-dandy Wizards will politely direct us to the nearest Microsoft service anytime we have the chance. You think that adding MSN along with AOL on the desktop is fair? It's one hell of a price to pay, in my book. I don't much care for AOL, but if Microsoft claims that MSN is truly a separate entity from Windows and the Microsoft behind it, then there's no reason Microsoft shouldn't have to pay to have their own focus put up there. They make OPERATING SYSTEMS, not Internet Portals.

    --
    "Mod, mod, mod...and another troll bites the dust."
  146. Jidst by Mupp252 · · Score: 1

    Apparently the author would like to hijack the spelling of the word. :) Gist.

    1. Re:Jidst by jeffy124 · · Score: 1

      You raise an interesting point, to be honest, I've seen both being used. Because the verbal pronunciation has a slight 'd' sound in it, I felt the jidst spelling was more accurate. But I could be wrong, and it looks as if Hemos thinks so, as he's quitely edited the spelling to gist.

      --
      The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
  147. Re:More Double-Speak by anshil · · Score: 1

    How much is money worth?

    --

    --
    Karma 50, and all I got was this lousy T-Shirt.
  148. Re:More Double-Speak by anshil · · Score: 1

    Then try to buy health, luck, familiy, youth, happiness, love, success, insight, etc.

    Do you remember what money is? It's an abstract measurement for your abiliity to exchange goods and services with the community you live in, but this ability is not center of live.

    You can't buy success, okay you can get money by beeing successfull, but there is nothing more boring and poor than beeing born rich.

    However I doub't you'll ever read my answer by now, since the strory some days old, so nice greetings :o)

    --

    --
    Karma 50, and all I got was this lousy T-Shirt.
  149. Totally Off Topic by Oakey · · Score: 1

    Why is it all over every newspaper I read right now, and all over the radio it's going on about this Code Red worm that's going to destroy the internet yet theres absolutely nothing about it on /.? I guess it's nothig to worry about huh?

    --
    "Dre don't get as high as me.... I'm Cheech and Chong" - Snoop Dogg
    1. Re:Totally Off Topic by Kenyaman · · Score: 1

      No, it's just old news. Of course, most /. readers are smart enough not to be running IIS anyway, so....

  150. More Double-Speak by tb3 · · Score: 2
    From a separate, but related article, concerning Compaq's replacement of the MSN icon with the AOL icon:

    Allchin seemed peeved about this move. "Hiding features from consumers -- I don't think that's a good thing,"

    Especially when it's a Microsoft product. What a hypocrite! How can this guy sleep at night?

    --

    www.lucernesys.comHorizon: Calendar-based personal finance

  151. Yet another I can see their point post by ssergE · · Score: 1

    I can see their point - after all - it is their operating system. If they wanted to make the default wallpaper good old mr goatse, they could (if they didn't mind the sales impact). But has anyone noticed how there are alot of posts similar to this one (minus the goatse reference - that is an added bonus), maybe it is because we are being 'forced' to determine the lesser of two 'evils'?

    --
    -- ssergE
  152. this is why... by mickeyreznor · · Score: 1

    I build my computer from scratch. Total control of what software(and hardware) that goes and doesn't go into my computer with none of the bullshit.

  153. Uau by OpenSourced · · Score: 2
    Uau! They don't really give a fig about the Goverment suit. Next you know they will change their mind again and reclaim the desktop as Microsoft-only, and the hell with all.

    I sure wish I could use the same attitude in my dealings with the Goverment.

    --
    Rome taught me patience and assiduous application to detail. Virtues which temper the boldness of great, general views.
    1. Re:Uau by OpenSourced · · Score: 2
      Personally, I think XP is going to be the first major setback for M$, as I don't see ANYONE lining up in droves to buy what is essentially a very minor upgrade to Windows 2000, that removes features and freedom from Windows 2000.

      Windows XP will be sold the same way as the others Windows, inside shiny new PCs. I don't think also many people will upgrade OSs, but many will change PCs, and surely, not change OSs back. And Windows XP will come already activated, so problems will not be inmediately obvious.

      After a while, software will start to appear that will run only in XP. The new Office XP (no idea if there is such a thing, but there will be) will not run on any other OS, and will bring something interesting, like XML support or something. Big bussiness will after a while decide they must keep only one desktop OS to reduce the maintenance costs and so on, and will buy WinXP licenses by the truckload. That's the scenario, for me.

      I'm right along with you, now it seems as if this "vicious" circle could be broken, as there are alternatives (Open Software and Win2000 mainly), and the licensing scheme can prove a little bit hard to swallow.

      But trust Microsoft. They will not push the registering or licensing thing so far as to alienate their customers. They will adapt and step back if needed, and try other ways. Their only limitation is their bussiness model, and that is beginning to crumble, but only beginning. Oh, well, we shall see.

      --

      --
      Rome taught me patience and assiduous application to detail. Virtues which temper the boldness of great, general views.
    2. Re:Uau by ONU+CS+Geek · · Score: 1

      We Have Microsoft Office XP Running on Win 2000 Boxes...I've installed them myself.
      ----
      Ian

      --

      I disable sigs...do you?
  154. Here they go again... by Uttles · · Score: 1

    Isn't this the same sort of illegal action that Microsoft has gotten in trouble for already? Well I guess you could say trouble, they have been found guilty but have suffered no consequences as of yet. I really hate Microsoft but you have to give it to them, they have guts.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    --

    ~ now you know
  155. Re:Good for them. A fair solution as any. by GreyPoopon · · Score: 1
    not guilty? so you think $200 is a reasonable and fair price for a toy OS? and $500 for a word processor? and into the thousands for their attempt at a real OS? the mind boggles. :p

    Even though I'm sure nobody is looking at this thread any longer, I wanted to address this. I actually don't believe that $200 is unreasonable for the underlying software that all other applications need. And it's actually lower than that for OEM's who have big volume deals. Obviously, free is better -- especially in the server market where the OS cost is much higher than $200. But I'm willing to pay that price, especially if I get reasonable support from the supplier.

    $500 for a word processor is just plain stupid -- for the consumer, especially as there are a number of alternatives. Yes, interoperability is a factor, but most interoperability takes place between members of the same corporation. If management is dumb enough to pay $500 per seat, then that is their problem. If it were my company, I'd probably just make everybody use Star Office or something. Microsoft Word has some cool features, but most of them aren't ever used. While others may disagree, I don't believe Microsoft's monopoly in this area is truly earned. Maybe their FUD campaigns have been partly responsible, but there really are still choices left here.

    GreyPoopon
    --

    --

    GreyPoopon
    --
    Why is it I can write insightful comments but can't come up with a clever signature?

  156. Re:Good for them. A fair solution as any. by GreyPoopon · · Score: 4
    I guess someone will claim they are exercising thier "monopoly" by making that requirement.

    Yes, because they quite clearly are. They are using their operating system, which ships on almost all new desktop machines, as leverage to coax users into their internet service. They are also saying that OEM's cannot do likewise for competing services unless they provide equal coaxing for Microsoft's service. There are two nasty things that come out of monopolies. The first is exhorbitant prices -- which comes about once there are literarly no other choices for consumers. The second is the use of existing monopolies in one area of the market to destroy competition in another area. Both are illegal. Microsoft is not guilty of the first one (yet), but most definitely needs to bear guilt for the second.

    Its the fairest way to end-run the AOL (we haven't been put in court, so we can do all the things that are bad until then) deal. Two wrongs don't make a right, hence the AOL deal is just as bad as what people accused MS of.

    No, it's not. AOL doesn't sell operating systems. Don't get me wrong, AOL isn't sweet smelling and squeaky clean either. Obviously, they have their own potential monopoly situations with their total control over a large hunk of the media market. But in this segment of the market, AOL (and other potential providers) are being hurt by Microsoft's monopoly in the operating systems market. If major vendors like Compaq were selling desktop machines with a sizable slice of the operating system pie going to other OS flavors, Microsoft's move would merely be considered shrewd business. But with the current situation, it is abuse of a monopoly situation.

    As for MS featuring their products over AOL's IM and the AOL service, uh, people who live in glass houses shouldn't throw rocks...

    Certainly, AOL is flaming mad over this. But more importantly, vendors like Compaq should be angry. They aren't living in a glass house (at least not *this* glass house). If consumers knew enough about what's really going on, many of them would be angry too.

    GreyPoopon
    --

    --

    GreyPoopon
    --
    Why is it I can write insightful comments but can't come up with a clever signature?

  157. Solution! by discogravy · · Score: 2

    i have figured this out.
    the perfect solution is:
    -leave any icons on there, MSN, AOL, AIM, whatever.
    -make them all links to different linux sites, so that MSN becomes RedHat (SuSE for European MS users), AIM becomes a link to Jabber, etc.

    who's going to complain?

    "microsoft technical support, how can i help you?"

    "hi, this version of windows took forever to download, but it never crashes and i haven't had a virus delete anything yet! by the way, why has the start button changed to a big K in a cog?"
    --
    Slashdot: When News Breaks, We Give You The Pieces

  158. Exclusivity (old dog, old tricks) by mikey504 · · Score: 1

    To continue with the popular "burger and fries" comparison, this is analogous to when Coke pays Burger King to be their "exclusive" drink choice and Pepsi pays Taco Bell to do the same. So what Microsoft is telling these folks is "You can't make exclusive advertising arrangements with ISP's if you buy our operating system."

    This is the same kind of anti-competitive stuff Microsoft has always done. These tactics got them where they are, and they are never going to stop without intervention.

    The question for me is, how much right do the computer manufacturers have to make changes to the "operating system" and still call it "Microsoft Windows". Can they delete IE and install some other browser? What if they have a TCP/IP stack or print spooler they feel performs better or is more reliable? Where is the line between operating system compnents and non-critical add-ons to be drawn?

    It seems clear that MSN is in no way essential for the operating system, but can we count on the judges, juries, et al to understand the difference when Bill's legal types stand in front of them and cry foul? It seems like we aren't having much luck explaining technical things to the non-techical people who legislate and litigate. Maybe /. should sponsor "abduct and indoctrinate" weekends in isolated mountain cabins with Linux boxen?

  159. Script their ass away by RumbaFlex · · Score: 1

    If the icon must reside on the desktop if other icons are to be displayed, it should be.. for the first few seconds until a script removes it at the first run of the os. Presto!

    --
    -By attempting the impossible we can achieve the absurd..
  160. What can you expect by thebatlab · · Score: 1

    From that header line you probably think I'm about to give you the whole "What do you expect from Microsoft. Antitrust and blah blah blah" but I'm not. Microsoft is a business. A business becomes successful by getting people to buy their products. What kind of business tries to get you to use other people's products. Whether you feel Microsoft's products are inferior or not is irrelevant. Use something else. You can't tell me that there aren't other options out there. There are plenty of viable alternatives.