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Continuing Twists In Microsoft, Intel Cases

An Anonymous Coward writes: "New York Attorney General Elliot Spitzer and California Attorney General Bill Lockyer have threatened to pursue their own sanctions against Microsoft if they conclude that the Justice department isn't being tough enough. Amongst other things, they demand that Windows XP "receive close scrutiny in arriving at a judicially ordered remedy. Go NY!"" NaughtyusMaximus points us to this message at Anandtech about Via reacting to Intel's patent-infringement suit by turning around and suing Intel -- for patent infringement -- in Taiwan and the U.S.. Via is also countersuing Intel in England.

315 comments

  1. Well you can't expect... by norculf · · Score: 1

    A big corporation to go down easily. They have lots of money to fight, even if it is obvious that they are the ones who are wrong and are going to loose someday. I am pointing at you Microsoft.

    I see I am a little too late for FP tonight. :)

    1. Re:Well you can't expect... by GreyPoopon · · Score: 1
      They have lots of money to fight, even if it is obvious that they are the ones who are wrong and are going to loose someday.


      Yeah, and it's becoming really clear where they've suddenly directed a large chunk of that money. Go ahead, mod me down as flame-bait, but boy is my Spidey-Suspicious Sense tingling.

      --

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

    2. Re:Well you can't expect... by mpe · · Score: 3, Interesting

      A big corporation to go down easily. They have lots of money to fight, even if it is obvious that they are the ones who are wrong and are going to loose someday. I am pointing at you Microsoft

      Actually they'll probably go down very easily if the right methods are used. The right methods are to actually treat Microsoft as a criminal organisation.

  2. Why arent they just going with the original punish by itsnotme · · Score: 2, Interesting

    WHy doesnt the government just stick with their original ideas and go with the original punishment instead of having to brainstorm new ones that are just plain too cheap.. their new ideas for punishment seems like a slap on the wrist compared to what the original idea would have cost microsoft.. SUre they would have lost money but at least there'd be more of a basis of competition after the conclusion of a splitup..

    Now seems to me that the government is getting its foot in the mouth because they're trying to impose more stupid laws, DCMA isnt doing much, MPAA is being a lecherous bulldog, and now they're trying to figure out how to make a law thats fair? shouldnt they just work on repealing their laws that arent working.. they should have enough experience in repealing their dumb laws like Prohibition back in the 40's.. ( it was the 40's right? )

  3. close scrutiny is NOT enough by perdida · · Score: 1

    these attorneys general are on a political jag, folks. they all use windows in their offices and they don't care really, personally or legally, what happens.

    if they did they would break with the ashcroft office and call for a split of microsoft.

    the bottom line: microsoft will not obey any conduct remedy. to do so they would have to open source code (to verify functionality of windows without IE bundling) and operation practices to outside observers.

    they won't.

    you think they will? i want some of your crack.

    they will do anything and everything to keep this monopoly going, because the economy is crashing and linux/bsd IS gaining on them where it matters, in enterprise applications.

    the attorneys general of the states are calling for a strong conduct remedy; this reminds me of someone saying, "OH, you slap that man on the wrist HARD, you hear?"

    This makes me sick.

    This calls for direct action.

    Don't use windows, and coordinate with your friends in other technology companies to make things hard for people who do.

    this also involves seriously making Linux usable so there is a clear alternative for the mass of sheep^H^H^Hconsumers when they get too frustrated and jump ship.

    1. Re:close scrutiny is NOT enough by MegaGremlin · · Score: 1

      There is also the possiblity that the financial sector doesn't want one of the major players in a weakened market to be destabilized. I'm all for making them play fair, but not at the expense of the roof over my head.

      --

      .sig
    2. Re:close scrutiny is NOT enough by rayoumand · · Score: 1

      You know what? In my opinion you're right, and that scares me alot

  4. Interesting by Anonymous Coward · · Score: 3, Troll

    I am always amazed that people would cheer the government into stopping the release of ANY code, especially something as MUNDANE as an operating system? Can you imagine them forcing Linux from shipping, this place would be in an uproar over how oppressive it is. Just seems ridiculous that you'd support this, no matter how "evil" MS is.

    1. Re:Interesting by ElJefe · · Score: 2

      Good point. If the gov't stopped XP from shipping, it could set a dangerous precedent. With the SSSCA in place, they could put the kibosh on Linux for failing to "protect digital rights"...

      -Chris

    2. Re:Interesting by lgraba · · Score: 3, Insightful

      If WinXP was JUST an OS, I would agree with you. However, MS has been found to be guilty of using their monopoly position in operating systems to protect themselves from competition, and to force their products on consumers in place of competitors' products. The instrument they use is the OS, and WinXP is a continuation of the things they have been found guilty of. In order to force MS to play nice, it may be necessary to make MS change WinXP before they ship it. If the govt. cannot do this, then anti-trust law has absolutely no teeth in this area.

  5. How about the other monopolies? by nabucco · · Score: 2, Offtopic

    When are attorney generals going to start going after the Baby Bells (Verizon, SBC - I guess any day now all the Bell companies will recombine again) who have been preventing DSL companies from their legal access to central offices? There is a glut of backbone bandwidth out there, high demand for high-speed home access for it, yet the Bells spend more time trying to drive Covad out of business than providing service to their customer's.

    If this was a free market, that would be one thing - but the government grants a monopoly to the Bell companies. That's the real problem.

  6. Re:Why arent they just going with the original pun by norculf · · Score: 1

    30's I belive. And it was a PITA doing it too. Imagine how much work it is to amend the constitution, and then make another amendment reversing the previous amendment, back in the 1930's. Now imagine how much harder it would be to do anything like that today.

  7. Re:Why arent they just going with the original pun by Anonymous Coward · · Score: 0

    Prohibition was the 20s.

  8. Paradox situation? by Nick+Driver · · Score: 1, Interesting

    Anybody ever stop to think that maybe if MS is allowed to continue their usual behavior without punishment, that it won't be long until the rest of the market (the joe sixpacks who don't read /.) eventually get tired enough of them that a real demand for alternatives will begin grow and help fuel a rebound in the econmomy for software development?

    1. Re:Paradox situation? by Moofie · · Score: 2

      Sure. By the same logic, we shouldn't punish thieves. We should just let society get so tired of the thieves stealing that some enterprising person goes and steals a bunch of stuff from the thief.

      The rule of law (should) exist in this country to prevent this sort of thing. Microsoft broke the law, and they should therefore be punished. The fact that I'm being almost criminally optimistic is beyond the scope of my point. : )

      --
      Why yes, I AM a rocket scientist!
    2. Re:Paradox situation? by chuqui · · Score: 2, Interesting

      Already happening -- Department of Defense announced 25,000 seats were being moved off Microsoft products. Ford Europe announced 23,000 seats. those are just two of the largest microsoft accounts that have announced they're evaluating alternatives (most likely, Linux/Staroffice).

      And it's happening elsewhere, in smaller chunks, but it's happening.

      --
      Chuq Von Rospach, Internet Gnome = When his IQ reaches 50, he should sell
    3. Re:Paradox situation? by Billly+Gates · · Score: 2

      THe vast majority of Americans, %70 according to cnn favor microsoft in the doj vs MS case. Of active internet users the number approaches %80. Computer users get attached to their platforms and do not want to change.

      Lets look at through there eyes.

      Joe-six pack does not know what an operating system is or even cares. He buys a computer to do email,word processing, and spreadsheets. He uses what comes with his computers because it does what he needs. If his pc crashes, then its the computer's or the applications fault not Windows. Windows is just a great interface from a great and innovative company that invented personal computing. MS office is needed and required to type a letter and outlook is required to send email as well. Without these innovative MS apps, his computer is a paperwieght. In his eyes computers are suppose to crash. His NT servers crash at work, every computer he ever used crashes. Macs also crash. Win3.1 was bad but windows95 was better and now his XP installation is practically rock solid and each new OS release is better and better.

      With all these preconsumptions in their minds, do you think he or she would want to give this all up and trash Windows and Office? I didn't think so. THey believe Microsoft is the good guy trying to fix instability problems and the doj is the bad one who will change all this and bring down their level of security and all they ever know. People are very sensitive to their platforms and paid alot of money for them. Just look at the OS flame wars. Mac vs Windows, Solaris vs Linux, etc. The issues are the same. They have invested alot in windows and new and different things changes their level of security and their investment.

      They will become more support of Microsoft over time. Chairman MAO is still highly regarded in China and his support is actually growing. They only know what is taught to them and will ignore some of the issues of his leadership. This includes murder and abuse of power because they have invested so much into their beleives that they will not change.

    4. Re:Paradox situation? by bloggins02 · · Score: 2, Insightful

      If you read Slashdot, you are probably in the enviable position of being "in the know" about technology, but we are but a small percent of the people who represent Microsoft's user base. Let's take a look at two groups of them shall we:

      1) People like my mom. She's till using a Pentium 100 with 32 MBs of RAM and a 33.6K modem. All she cares about is that she can read her email and "why does it say there is no dialtone when there clearly is one?" She doesn't care about Microsoft's computer practices. All she wants to be able to do is use her computer.

      2) Sure there are IT specialists who are in the know about alternative operating systems, but do they represent the people they support? What about the secretaries who use the computer with Windows telephony products? How about the Graphic designer who is fluent in Page Maker and Photoshop? Are they going to want to take time out of their day to learn an OS? I worked for a networking company, and I remember how much of a hassle it was to migrate from GroupWise to Outlook, or even Windows 98 to Windows 2000. We did a multimillion dollar install at a church once with full remote administration capability, and the most amount of time we spent on support was from frustrated users who couldn't use their old screensavers anymore.

      Folks, these people don't care about MS, they don't care that they are a monolopy. Furthermore, most of these people can't separate the concept of the operating system from the computer. The idea of a PC without Windows is unnatural to them. And these are the people to whom microsoft sells all those client licenses and home licenses. It doesn't matter how bad Microsoft gets, as long as they provide the user with a familiar and comfortable computing experience, they will probably always be on top. It would take a MASSIVE PR campaign to convince people otherwise, but it still probably wouldn't work even if you're pushing a superior product or philosophy.

      Remember the OS/2 Warp campaign?

    5. Re:Paradox situation? by istartedi · · Score: 1

      Furthermore, most of these people can't separate the concept of the operating system from the computer.

      Which is exactly why MS doesn't have a monopoly. The iMac didn't run Windows, and that didn't hurt it, and your statement is the reason why that didn't hurt it. Judge Jackson just kept redefining the "PC market", making it a narrow enough definition to fit his well documented bias.

      That said, the bundling of IE is one case where I think there is a legitimate wrong. IANAL, but I don't think you need to be a monopoly for that kind of predatory pricing to be wrong. Of course, if that's true, what does it say about Intel and IBM funding RedHat prior to IPO? Why haven't the battered shells of SCO and other commercial Unix vendors filed suit?

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    6. Re:Paradox situation? by mamba-mamba · · Score: 1

      I think you are right.

      My father, who has been pro-uSoft in a big way, said he will not upgrade to XP or any version of IE that doesn't have java. The reason he gave was that he doesn't like the licensing terms of XP, and he doens't like the lack of functionality in newer versions of IE.

      Personally, I believe that XP is going to be a tough sell, even to corporations.

      I think uSoft has certainly hit a zenith that it will never again surmount. I also think that they will work as hard as possible (that is, to an extent we have not yet seen) to make all things uSoft incompatible with java, Apache, Samba, and anything else that allows different architectures to work together seamlessly.

      It will be fun to watch what happens now!

      MM
      --

      --
      By including this sig, the copyright holders of this work or collection unreservedly place it in the public domain.
    7. Re:Paradox situation? by krmt · · Score: 2
      Blockquoth Billly Gates:
      Windows is just a great interface from a great and innovative company that invented personal computing.

      Does this line scare anyone else? This is exactly the kind of doom we were scared of hearing. Saying Microsoft invented personal computing goes hand in hand with "Five years from now people will be saying Microsoft invented the web browser." Of course, this line could just mark this post as a blatant troll, but the fact that it's there at all really scares me.
      --

      "I may not have morals, but I have standards."

    8. Re:Paradox situation? by Anonymous Coward · · Score: 0

      Folks you have to keep in mind that yes this is how the world is... if you have enough money and know the right people you can do ANYTHING... in the US we think of these things that are happening as such evil but forget that in some places the goverment has such strick control that you DIE if you go agenst them and in some other places if you dont want yourself you could be KILLED and no one would care... We have it made and even though the world is made up of idiots or people who just cant or wont see past thier nose about things (We are talking about people who will wait 10 min for a elevator to go up one flight when the stairs would have been way quicker (AND THEY EVEN ARE IN A HURRY)... )
      To sum things up I dont think it is as bad as some try and make it sound.. I would gladly see MS die off but alas I think even if they died tommorow thier OS would still be around for years to come.

    9. Re:Paradox situation? by Anonymous Coward · · Score: 0

      You are absolutely right.But all those clever minds in here don't get it. For most people computers are a neccessary evil. They just don't care.

      People hate salesmen or anyone trying to "sell" something just by bashing the competitor. In fact its just to easy.Try to "sell" Linux on its own merits.

    10. Re:Paradox situation? by Xpilot · · Score: 1

      I don't care about the source code. I don't care about cross-platform capabilities. I don't care about interaction between disparate systems.


      Unfortunately, I do. And it is also the job of many IT professionals to care. And MS sure doesn't make it easy for us. There are people working for companies that make competing products. MS doesn't want that. It would make no difference to you if these companies folded or are in trouble because of unfair tactics by MS (netscape...*koff*....borland...*koff* *koff*). Well, we care. It's our job to care. And we don't like MS. Don't let that fact bother you, though.

      --
      "Backups are for wimps. Real men upload their data to an FTP site and have everyone else mirror it." -- Linus Torvalds
    11. Re:Paradox situation? by Anonymous Coward · · Score: 0

      Damn you get my personal reward of /. flame post of the year!

      Couldn't have said it better in a million years, so I'm copying your message for future generations.

    12. Re:Paradox situation? by Anonymous Coward · · Score: 0

      It's absolutely incredible that the inept, corrupt and morally bankrupt can sound so reasonable.

      I code on Windows, not by choice, but through necessity. Microsoft has driven out choice in the programming world. And yesterday I called a single Win32 function, SetFilePosition. It is the Win32 implementation of fseek.

      Now fseek is very old functionality, and even Microsoft managed to get it working (maybe they copied some NIX code?), and yet despite this, there is a bug in SetFilePosition. I mean, it's a wrapper for christ sake. Mind you, it's not a fatal bug, it's a bug that introduces an ambiguity in error checking. But why would a modern developer want to implement error checking, or exception handling when it's OBVIOUS Microsoft are too lazy or incompetent to do it themselves?

      As the lines of code pile up, and the number of calls to Win system functions increase, more and more potential risks are introduced into the software.

      Now, you may not of heard of Service Level Agreements, but companies that are not MONOPOLIES use them to encourage the purchase of software.

      SLAs often provide provision for PUNITIVE DAMAGES arising from loss of business due to SOFTWARE FAILURE. Such suits can send businesses bankrupt, simply because some PHB was foolish enough to choose a MS/OS for their development platform (and where I live, other platforms are slowly being killed by the MS behomoth).

      You sound like an intelligent fellow, so I wonder kind of viral MEME Microsoft has infected you with to make you write your deluded belief that MS has made the software world a better place?

    13. Re:Paradox situation? by pyramid+termite · · Score: 1

      We do not choose linux for nearly as many reasons - but first and foremost in my book is the endless parade of self-serving, imposing, and degrading fanatics that populate the ranks of both slashdot, the Internet and computer community at large.

      You were doing quite well in this post until you said that - I choose my OS based on what the programs that are available can do for me. I'm a amateur musician and writer - Beos was little help to me in either field. Linux is not much help in music although it's improving (and yes, I check Dave Phillips' page once a month, so I know what's out there). Windows music software does a lot more and I don't have to hack too much to get it to work. On the negative side, I lose work often enough in Windows through crashes that I've decided to stick to Linux for my writing. Both are useful to me and I intend to keep both - but I'm sticking with Win98, and not upgrading it. On the other hand, I'm running Mandrake 7.2 and if I see new things I like, I might be tempted into an upgrade next year. I don't have to choose one or the other - I choose both.

    14. Re:Paradox situation? by MegaGremlin · · Score: 1

      This is exactly the reason that the judicial system was (originally) design to work outside of the effect of politics. (Realizing that it doesn't always work as intended.) Whether or not Joe Six-Pack knows right from wrong has nothing to do with whether our system of laws says something is right or wrong. The court doesn't answer to Joe, just itself. That's why the courts have grown to be the supposed champions of minorities and underdogs.

      --

      .sig
  9. It'll be interesting to watch this one play out by alewando · · Score: 3, Flamebait

    By which I mean the federalism issues raised on all sides. The current administration supposedly believes very strongly in principles of federalism. The current supreme court has come down recently in favor of federalism. So the Federal government will just do its thing and let the states go ahead and do their thing, right?

    Unfortunately, no. If there's one thing the current administration believes even more strongly in than federalism is political power to override such matters of principle when a pet interest is implicated. If the feds aren't going to break Microsoft up, you can bet they're going to do everything in their power to make sure that their will isn't obviated by some ragtag liberal states like New York or California (both of which voted for Gore).

    It's going to be one hell of a political grudge match ahead. The trenches have already been dug; we'll have to see who's the first to start lobbing chlorine gas.

    1. Re:It'll be interesting to watch this one play out by EnderWiggnz · · Score: 1
      doncha think that California is a big ass target for Bush Oil, Inc. :-)


      and enron.... a couple of power plants shutting down causing a "power shortage" in california wouldnt put California at bay would it?


      nah...


      California cant be the hard ass here.


      its gotta be new york. they do have a clinton in their corner :-)

      --
      ... hi bingo ...
    2. Re:It'll be interesting to watch this one play out by startled · · Score: 1, Flamebait

      "The current supreme court has come down recently in favor of federalism."

      Was that before or after they overrode Florida's decision on how to handle their elections?

    3. Re:It'll be interesting to watch this one play out by Dolly_Llama · · Score: 2
      The current administration supposedly believes very strongly in principles of federalism.

      I think what you meant to say is how the Republican Party in general are stalwart anti-federalists. Consider when Jesse Helms announced he would not seek re-election (good riddance), he listed among his party's acheivements during his tenure the large amount of power that was devolved from the federal to the state governments. It's all that states' rights crap that southerners bring up as their "real" reason why the Civil War was fought.

      Having this in mind, it was very interesting how the Republicans about faced when the Presidential Election was decided at the federal level by the Supreme Court. It again proves your point that they will cave in when real money is on the table.

      /END LIBERAL RANT

      Don't Blame Me, I Voted Green.

      --

      Somewhere, something incredible is waiting to be known. -- Carl Sagan

    4. Re:It'll be interesting to watch this one play out by Anonymous Coward · · Score: 0

      ...some ragtag liberal states like New York or California

      RAGTAG?!?! Are you on crack? If you put the populations of NY and CA together you get somewhere between 1/5 and 1/4 of the whole US's population. These are the two most economicly important states in the US, heck CA by itself has a economy bigger that France even in this downturn.

      And Liberal?!? No we in CA just have a habit of voting for the right president for the times. We voted for Reagan when we needed a strong conservative in the whitehouse to take on the Soviets and we voted for Clinton when we needed to pay down the nation's debts and retake the lead in economic growth. We voted for Gore because the job of paying down the deficit wasn't done yet and Bush made himself look more like an idiot than the Democrats could ever do.

      Posting anonymously so some Texan can't take my Karma points.

    5. Re:It'll be interesting to watch this one play out by mimbleton · · Score: 1

      That was their duty.
      Especially when citizens of that state were being ripped off by various political hacks like Daley.

    6. Re:It'll be interesting to watch this one play out by Malcontent · · Score: 2

      Or when The governor was actively trying to surpress the black vote.

      --

      War is necrophilia.

    7. Re:It'll be interesting to watch this one play out by Anonymous Coward · · Score: 0

      That was their duty. Especially when citizens of that state were being ripped off by various political hacks like Daley.

      That name is spelled D-e-L-a-y. And instead of "citizens of that state were being ripped off by," you must have meant "were being intimidated and harrassed by brownshirted thugs recruited and financed by,". And no, I will not get over it. YOU get over the fact that Bush v. Gore can not stand on its merits and only finds support among those whose desired one outcome over the other, rather than a fair ruling based in fact and capable of being used as a precedent in future cases. Why else would the Corrupt Five go out of their way to say that their ruling could not be cited as a precedent? Is there any other ruling in the entire history of the USSC that says, "never refer to me again" or is this the one and only? Was it because it was arbitrary and unfair, and would undermine the entire legal system if allowed as a precedent?

      P.S. Fuck you. When the Bushies ask us to start informing on our neighbors, I hope you get framed and nailed hard. Nothing less makes supporters of fascism understand why they're just plain wrong.

    8. Re:It'll be interesting to watch this one play out by mimbleton · · Score: 1

      Please, these urban legends are not even funny anymore.
      With this kind of strong Black representation one would expect to see at least sort of proof or something come out of this "terrible injustice".
      So much noise, so much "fighting words" and at the end ... nothing.
      It is not that J. Jackson is afraid to blackmail or sue people but even he recognizes the fact that there is nothing to be won out of bogus claims.

    9. Re:It'll be interesting to watch this one play out by Kwil · · Score: 1

      Proof of what? That there were extra police on the streets on the day of the vote? That these police were specifically located in check-stops in the black neighborhoods on the way to the polls? That black people often feel (whether with reason or no) intimidated by white police officers and check-stops? That this intimidation factor is well known both among blacks and whites?
      That it's quite likely, though impossible to prove, that a significant number of black voters simply turned away from going to the polls rather than run the gamut of check-stops?

      All of these things were reported in Florida papers. Of course, none of them are actually illegal so there's not really anything anybody can actually do about it. The police forces were just doing their jobs. The government officials can claim extra concern about the vote seeing as how it was predicted to be so close. The black folks who turned away did so of their own free will (though I'm sure some regret it now). All in all, a very successful psych-war campaign.

      --

      That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

    10. Re:It'll be interesting to watch this one play out by Anonymous Coward · · Score: 0

      Please, these urban legends are not even funny anymore. With this kind of strong Black representation one would expect to see at least sort of proof or something come out of this "terrible injustice". So much noise, so much "fighting words" and at the end ... nothing. It is not that J. Jackson is afraid to blackmail or sue people but even he recognizes the fact that there is nothing to be won out of bogus claims.

      Black representation is entirely the problem here, Einstein. If they can't vote, they got no representation. It's no urban legend. If you wanted to know the truth, rather than what you wish to believe, you could be in contact with disenfranchised black Florida voters in less than 24 hours. I don't think any of them will tell you a doberman yakked up a robber's hand. Jesse Jackson is not the issue, and plenty can be won out of bogus claims, given a court stacked in your favor. Plenty can be won out of legitimate claims, given a fair and impartial hearing. He should be afraid to blackmail people, as that's against the law, and thanks to the incessant yammering of people like yourself, we all know that only one party really obeys the law in this country, right? Here's a link. I have no doubt you'll label it as "liberal media" because you don't agree with what it says. That's your problem, not mine; refute, but don't just deny. To get you started, here's a short quote or two:

      Florida is the only state to hire an outside firm to suggest who should lose citizenship
      rights. That may change. 'Given a new President, and what we accomplished in Florida, we expect to roll across the nation,' ChoicePoint told me ...

      Until Florida privatised its Big Brother powers, laws kept the process out in the open. This year, when one county asked to see ChoicePoint's formulas and back-up for blacklisting voters, they refused - these were commercial secrets.


      I tried but could find no articles there on alligators in the sewers or babysitters who took PCP then tried to fly. Also, nothing about friends of friends who had kidneys stolen after picking up hot women near airports in major cities and waking up in ice-packed bathtubs. Those are urban legends. Fucking over black folks is not an urban legend, but an urban (and rural) reality. If you had even a scintilla of concern for the rights of your fellow citizens, this would disturb you deeply. Obviously, it doesn't.

    11. Re:It'll be interesting to watch this one play out by sanchz14 · · Score: 1

      ballsy, true but ballsy

    12. Re:It'll be interesting to watch this one play out by john82 · · Score: 0, Offtopic

      Do you guys think you can cut the one-sided political crap for once? Let's stick to the issue at hand. How the fsck does alewando's remark rate a 5 around here? 3 maybe. But 5?

    13. Re:It'll be interesting to watch this one play out by mpe · · Score: 2

      If they can't vote, they got no representation

      Even if you can vote that dosn't guarentee any representation. In the case of the USA machine readable ballots appear to have a worst error rate (as well as vulnerability to tampering) compared with manyal counting systems used in the rest of the world. The 2000 presidential election turned into an utter farce and parody.
      Even if there were fair elections lobbying (to the extent of writing laws for rubber stamping) from extreamist political groups and big business renders the whole thing academic anyway...

    14. Re:It'll be interesting to watch this one play out by extra88 · · Score: 1
      You obviously don't know what "federalism" means.

      Merriam-Webster sez


      The Republican fight for "states' rights" *was* a federalist fight.

    15. Re:It'll be interesting to watch this one play out by mimbleton · · Score: 1

      Government institutions in black districts are mostly run by the Democrats and in most cases by blacks themselves.
      If they have a problem conducting elections in their own district why is this being presented as our problem ?

      " All in all, a very successful psych-war campaign."

      I know that conspiracy is much more interesting than mere incompetence.
      Have your fun.

    16. Re:It'll be interesting to watch this one play out by startled · · Score: 1

      Now you've got to go and turn this into another stupid election flamewar. I was simply pointing out that the Supreme Court has NOT recently come down in favor of federalism. That decision, among others recently, actually show them to have centralist leanings-- quite contrary to what the original poster claimed.

      Of course, the original poster also claimed that the current administration believes in federalism, which is obviously incorrect. In fact, they believe so strongly in the ineffectiveness of local governments that they often turn enforcement of rules they don't like over to local authorities, because they know it won't happen-- for example, oil drilling and logging in Alaska.

      Of course, all this and how it pertains to the MS/Intel cases is now much less significant than how it'll play out with the terrorist attacks. I doubt you'll see even the smallest suggestion of federalism, as it'd be political suicide-- "new security measures at airports? Sure thing, you just figure 'em out yourself NY, knock yourself out.".

  10. Re:Microsoft remedy? by Anonymous Coward · · Score: 0

    Is this gun pointing at Microsoft? Is this kind of punishment DOJ is pursuing? What is the amount of sperm necessary to flood Redmond headquarter?

  11. the bandwagon by archen · · Score: 1

    I wonder... if the government decides not to punish MS in some way, if other companies will continue to push the issue. I think that perhaps Microsoft is going to start seeing the repercussions for relentlessly stomping out various companies, and pissing off the ones that managed to stay in business (thus far). I don't think I can think of any other business that has accumulated so many enemies. Making money is one thing, but when you set yourself up on a pedestal with no one supporting you, you can fall down pretty hard. I think IBM found that out.

    1. Re:the bandwagon by tenman · · Score: 1

      Microsoft has a unique position in its market. It's not like IBM at all. I want to see Microsoft punished as much as the next guy, but I can see how important it is to attack them the right way, right away. It's times like these that I wish I had finished law sch....
      oh wait, I wish I had started law school. Bill is the Borg. Fine we can all agree on that, but even the most ANTI-M$ of us can realize what happens if they are allowed to stand. You think MPAA or RIAA is bad? Wait until you have an arrogant M$ with lawyers cocked and loaded banging on the door to verify your corporate licenses.

  12. a punishment suggestion by Have+Blue · · Score: 4, Interesting

    Enforced openness. Require MS to publish details of all windows APIs, network protocols, and file formats. Have strict limits placed on replacing, or breaking compatibility with, any existing instance of the above categories.

    1. Re:a punishment suggestion by WasterDave · · Score: 2

      Hell yes, I've been saying that for ages. In fact, don't just let it apply to Microsoft, there should be a general "it's my data" law something along the lines of:

      A third party performing a service in data storage, transmission or processing must, on demand, reveal details of exactly how that data is stored or transmitted.

      This would be a good move because while it gives MS their right to, ahhh, innovate it also stops the other wankers in the industry (that's you, Sun) from trying to pull the same thing.

      I'm also not sure that the API's are the crown jewels here either. As we have seen, it's the transmission and storage of data that make the difference - the Exchange wire protocol, butchered Kerberos protocol and Word file formats being the cases that come most immediately to mind. Strict limits on breaking compatibility are probably not necessary since MS got where they are today by ensuring backwards compatibility to an almost anally retentive degree.

      Anyway, work beckons.
      Dave

      --
      I write a blog now, you should be afraid.
    2. Re:a punishment suggestion by dimator · · Score: 2

      Require MS to publish details of all windows APIs, network protocols, and file formats.

      That would make good sense to do, except that you probably won't find any lawyers who even know what API stands for, let alone see the affectiveness of opening it up. The solutions the DoJ seek are less technical.

      Secondly, as we've seen from recent legislation, the gubment has markedly sided with non-openness. It would be a bit two-faced of them to ask for openning up of microsoft's "intellectual property" while in the same breath, pursuing the punishment of Skylarov, etc.

      --
      python -c "x='python -c %sx=%s; print x%%(chr(34),repr(x),chr(34))%s'; print x%(chr(34),repr(x),chr(34))"
    3. Re:a punishment suggestion by Anonymous Coward · · Score: 0

      5th ammendment, anyone?

    4. Re:a punishment suggestion by KarmaBlackballed · · Score: 2

      Uhhh, wouldn't MS just stop selling "Windows" and start selling a derived product with a new name? Isn't that what any smart businessman would do under the punishment you describe?

      Think C# after the courts said they could no longer enhance their J++ offering.

      --

      --- -- - -
      Give me LIBERTY, or give me a check.
    5. Re:a punishment suggestion by Anonymous Coward · · Score: 0

      While they're at it, they should also prevent Linux from breaking compatibility with any previously-written applications. In fact, let's apply it to everything. If you want to modify your product, and it might break something else, you have to sumit an application to the government first.

    6. Re:a punishment suggestion by Kwil · · Score: 1

      So you're Joe User on the street and all of a sudden Microsoft is pushing you to buy its absolutely brand new operating system - one that has no relation to Windows (because if it did they'd have to disclose it, and failing to disclose it could see them put under even tighter controls) - but hey now you could get this completely unheard of "Doors" system, or you could get this Linux thing which you've been hearing a bit about in the news lately about it running some stock exchange or something.. hmm.. which to choose?

      They can't just re-label, because contempt of court - especially now that they're a recognized monopoly - holds some serious consequences.. the break up would rear its ugly head again.

      --

      That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

    7. Re:a punishment suggestion by rve · · Score: 2
      Require MS to publish details of all windows APIs, network protocols, and file formats
      I didn't know these weren't published. How are 3rd party software companies expected to write applications for windwos then?
    8. Re:a punishment suggestion by Anonymous Coward · · Score: 0

      Sklyarov, not Skylarov.

    9. Re:a punishment suggestion by DCheesi · · Score: 1

      Uhh, yeah. It's called .NET

      Seriously, I've always said that .NET was started with the intention of creating a new monopoly platform, just in case the court sanctions caused them to lose their Windows monopoly (eg. a breakup; .NET would have been an "application", and would have been in the same spinoff as their other monopoly, M$ Office).

      Once Dubya came into office, they started getting ambitious, expanding and modifying their original strategy. Given the sudden increase in blatently anti-competitive behavior and strategies, I'm guessing Bill and Dubya had a nice long chat in private sometime after the inauguration.

    10. Re:a punishment suggestion by jweatherley · · Score: 0
      A lot of these are unpublished:

      NT Native API

      .doc format

      .xml format

      Just about all their network protocols - indeed they continuosly and intentionally change them to break SAMBA.

      --

      --
      Reverse outsourcing: it's the future
    11. Re:a punishment suggestion by cybrthng · · Score: 2

      Being closed source does not mean microsoft is a monopoly.

      I'd much rather see the sourcecode something else. Most people PAY for microsoft's OS because they don't want to worry about anything accept getting there job done and going home.

      They could care less if linux is free or the merits of either OS.

  13. Leave XP Alone by pbryan · · Score: 2, Insightful

    Rejection of Windows XP by IT departments and consumers worldwide for its odious licensing, configuration tracking and content protection will be punishment enough!

    --

    My car gets 40 rods to the hogshead, and that's the way I likes it!

    1. Re:Leave XP Alone by SpiritWnd · · Score: 1

      It is already happening, we are reading over the new agreements microsoft is sending out. exchange server (bye bye) IIS (bye bye) Everyone is waving. Many are starting to make the move to Linux boxes. But, we still have one little problem. We need a desktop that we can give to idiots, with software they can use, and give us the ability to lock it down to such a tight level that the user feels chocked by policies. Yes, I am a network nazi. :/ Spirit

    2. Re:Leave XP Alone by mimbleton · · Score: 1

      "We need a desktop that we can give to idiots,"
      You just wait until you will need help from one of these 'idiots', when you get sick or will otherwise need expertise outside of your domain.
      Just wait...

    3. Re:Leave XP Alone by Deleted · · Score: 0

      users don't feel chocked by policies, they're like you and feel chocked from that huge cock in their mouth.

  14. Re:Speaking of Anti-Microsoft Rhetoric you Asslick by norculf · · Score: 0, Offtopic

    Goatse.cx only appears robust because it is running Windows XP server edition on the latest Sun Microsystems hardware. If you run it on a shitty OS on shitty hardware, it would be as bad as Slashdot.

  15. eating nigger pussy by Anonymous Coward · · Score: 0, Offtopic

    i've eaten a lot of pussy, and i'd have to say that nigger pussy tastes the best. now i know a lot of you here on the internet will disagree with me but hear me out on this one.

    the absolute worst pussy i've ever eaten has to be the pussy of this one paki chick i fucked. man that shit was disgusting, you would think she never cleaned it at all. the smell was unbelivable, i only was going down for a couple minutes before i started to feel nauseous. it was awful... i got her back for her disgusting lack of hygenie by giving her a good punch to the jaw during the intercourse however, i swear the look on that raghead bitchs face when I popped her one was worth the nasty smell down there.

    and white girls usually dont keep their pussy clean either. i've had some real hot women that have real messy pussy. it's a shocker to see a total bombshell that has some sort of nasty yeast infection when you finally get into her pants. i mean if you spend the time on the other stuff, dont forget your most important part too.

    but black girls, i think there's something genetically that makes them smell and taste better. i've had some black girls that were pretty nasty looking but their pussy was just fine. and if you find a good looking jig that takes good care of herself, man that pussy is as sweet as butter. i could go down on a girl like that for hours. plus i think the texture of a niggers pussy is different. it's rougher and has a different grain then a white or paki pussy. i just like the whole package a lot better when its on a fine black girl.

    right now im continuing my research by trying to get with this hot chink girl. when i finally get in her pants ill write back with a detailed report. i am most interested in finding out of chink pussy is slanted like their eyes. this is what i've heard but i plan to verify it myself.

  16. Things in MSFT's favor by DeafDumbBlind · · Score: 4, Interesting

    GW in the white house and the economy going into the crapper. I think that they'll go easy on Microsoft in part hoping that their stock rebounding might revive Nasdaq.

    just my 2c

    --


    Jesus used to be my co-pilot, but we crashed in the mountains and I had to eat him.
    1. Re:Things in MSFT's favor by Anonymous Coward · · Score: 0
      GW in the white house and the economy going into the crapper.

      Yea, except the economy starting diving about a year before GW took office. But don't let facts get in the way of a good rant. :-)

    2. Re:Things in MSFT's favor by FFFish · · Score: 4, Insightful

      On the other hand, the $309 BILLION dollars that are currently tied up in MSFT stock might be well-applied to investing in other companies, providing them with much-needed capital to innovate and grow.

      Unfortunately, there is no way to make that money available to others. For every seller, a buyer: while the market cap can expand and shrink by the whim of the investor, the money is pretty much permanently unavailable to other companies.

      Which is a shame. Spreading the investments around might have been helpful. Might fund some competition, f'rinstance.

      Although, come to think of it, most of the MS shares are actually employee stock options, created out of thin air and used by MS as a means of (a) avoiding paying cash to employees and (b) dodging taxation [indeed, paying employees with stock creates tax *refunds* (as if MS needs a refund!)].

      I think it's arguable that employee stock options are valueless, until such time as the employee gets lucky enough to find someone willing to fork over some coin. Until that point, the stocks don't actually represent money unavailable to other companies...

      Disclaimer: These are idle late-night speculations, and are subject to correction by folk with far more investing knowledge than I!

      --

      --
      Don't like it? Respond with words, not karma.
    3. Re:Things in MSFT's favor by DeafDumbBlind · · Score: 1

      Where did I say that GW was responsible for the economy going South. I meant that a republican administration is more pro business and thus more likely to go easy on Microsoft.

      The economy is a seperate matter that's also playing in Microsoft's favor. If Microsoft's stock still acocunts for a large chunk of both Nasdaq and the Dow. If it was to fall 50% or so, both idexes would feel it.

      --


      Jesus used to be my co-pilot, but we crashed in the mountains and I had to eat him.
    4. Re:Things in MSFT's favor by ectoraige · · Score: 1

      Well, you're close, but it's not in a bid to boost Microsoft's stocks.

      If the market see the Bush administration strengthening Microsoft's monopoly then, while MS stocks may go up, the stocks of every MS competitor will fall. In suit, the companies which use/rely on those competitors will suffer too. So while one company goes up, many more will go down.

      However, if the White House goes easy on Microsoft, but still does enough to punish them, then the boardrooms and shareholders of the other large US companies will see Bush as a friend of big-business, and *their* stocks could go up. The market will react favourably to a government who is seen to support businesses where they can, but who will maintain some authority over the situation.

      I suspect if Bush had been 'elected' prior to Judge Jackson's original findings, the case may have been quietly dropped. At this stage though, MS have been found guilty, and thus some punishment has to be doled out, to keep MS's competitors happy. The trick is not to be so harsh as to scare other large companies.

      If MS were completlely let go, I think you;d have the economical equivalent of the L.A. Riots.

      --
      Vs lbh pna ernq guvf, ybt bss abj. Tb bhgfvqr. Syl n xvgr.
    5. Re:Things in MSFT's favor by Malcontent · · Score: 2

      "If MS were completlely let go, I think you;d have the economical equivalent of the L.A. Riots."

      Somehow I'd doubt it. Redmond is not a ghetto and MS has plenty of money to keep a massive security force around to crack some skulls. What you may end up seeing however is some people taking the law into their own hands and committing terrorism against the company. Maybe blowing up a building or killing some programmers or something. That seems much more likely because it will happen randomly (no security force can prevent it really) and it can be done by a small cell of highly motivated individuals. It might not even be a deadly assault. Something as simple as a smoke bomb set off just to send a message. Although to be fair you will most likely be punished just as harsh for a smoke bomb as with a real bomb so might as well do some real damage.

      --

      War is necrophilia.

    6. Re:Things in MSFT's favor by ectoraige · · Score: 1

      Maybe it's my late-night mind-numbness, but I couldn't detect any sarcasm in that. I did say 'economical equivalent'...

      --
      Vs lbh pna ernq guvf, ybt bss abj. Tb bhgfvqr. Syl n xvgr.
    7. Re:Things in MSFT's favor by Anonymous Coward · · Score: 0

      Are you fucking retarded? Do you not understand the words "economical equivalent"? Fuck you, shitsucker. You make me fucking sick.

    8. Re:Things in MSFT's favor by sg3000 · · Score: 2

      > Although, come to think of it, most of the MS
      > shares are actually employee stock options, created
      > out of thin air and used by MS as a means of (a)
      > avoiding paying cash to employees and (b) dodging
      > taxation

      As was posted on Slashdot a while ago, Microsoft didn't pay taxes in 2000. If you don't remember, the San Francisco Gate reported that Microsoft paid no taxes in 2000 because of laws that let them take deductions for employees exercising their options. It's estimated that this action reduced Microsoft's tax burden by $3.6 billion dollars.

      Luckily, Microsoft was able to divert some of that tax savings to certain campaigns of GWB and other Republicans, and now they're getting a better ROI than they ever would have gotten if they had actually paid any taxes.

      --
      Insert simplistic political, ideological, or personal proselytization here.
    9. Re:Things in MSFT's favor by Anonymous Coward · · Score: 0
      Where did I say that GW was responsible for the economy going South.

      "GW in the white house and the economy going into the crapper."


      *ahem* It's true, you did not make an explicit, declarative statement to that effect, but the preceding quote strongly implies it.


      Of course, plausible deniability is the best part of a good rant. :-)

  17. VIA's move.. by SectoidRandom · · Score: 1


    Wow! Quote:
    "Intel processors and the Intel Pentium 4 processor compatible 845 chipset infringe VIA's patents,"

    Does anyone have any further information? Is this just another case of some company with a lot of very *broad* patents trying to milk them?!

    I guess good for them using such (suspect) tactics to combat equally suspect tactics, you can certainly call them bold! :)

    1. Re:VIA's move.. by fault0 · · Score: 4, Interesting

      As far as I see it, when S3 got the rights for future Intel patents for 10 years a few years ago, it was part of a cross-licensing deal with Intel where Intel got some or all of the rights to use Exponential patents in their own products.

      Now Intel is saying that one way of the deal is duff now that S3 belongs to VIA. So VIA are now saying that the other way in the deal is duff. I.e., Intel now do not have the rights to use the old Exponential patents.

      IF those patents are used in the P4/i845/P4 FSB in any way (as they might be, Exponential as about extremely fast, but low IPC (PowerPC) processors in their time, reminds me of a certain P4 processor!) then VIA can basically grip Intel's balls.

      To futher evidence this, it would take Intel a couple of years to incorporate Exponential technology in a processor. The P4 is the obvious choice for the first Intel CPU to have Exponential patents in it.

      Exponential had high clocks PowerPCs (533MHz when Pentiums were at 200MHz and PowerPCs at 250MHz). However the 533MHz Exponential PPC barely outperformed the 250MHz PPC, and was a lot hotter to boot. Exponential never got their act together though, so products were never released.

      S3 bought Exponential's IP after they went to the great chip-maker in the sky. S3 did a cross-licensing deal with Intel. S3 were subsumed by VIA. Intel say the licences they gave away in the deal are now void. Logically, the licences they gained are now void as well (barring strange/one-way licensing terms, Intel are so much bigger than S3)!

      If Intel is going to punch below the belt, then VIA might as well too.

      Intel will not want a court to uphold VIA's claims. That could mean VIA licensing this technology back to Intel for an awful lot of money. Like $50 a processor and chipset if they wanted. Intel would have to pay up, or scrap the P4, i845, i850 and any other P4 chipsets or variants. Possibly even a product recall if VIA got really nasty. Of course, Intel would refuse to ever license anything to VIA ever again, but would VIA care if they were getting $50 a CPU from Intel, and the market swung towards non-patent encumbered technology such as AMD and VIA processors whilst Intel frantically took 1 year to redesign the P4 without the infringing technology?

      The above paragraph's occurences will not happen of course. Intel and VIA will re-crosslicense the technologies, say sorry to each other, and Intel can then tell its other licensees that it tried its best, but VIA have a valid license.

      They will still hate each other though. and none of the above is guaranteed to be correct. speculation, okay?

    2. Re:VIA's move.. by fault0 · · Score: 1

      sorry, I meant to include that this was from hetig's posts at hardforum

    3. Re:VIA's move.. by Squeeze+Truck · · Score: 2

      Is it just my imagination, or are the Taiwanese motherboard/chipset makers getting really damn powerful? Can anyone name any non-Taiwanese motherboard maker still in business? The only domestic brand used to be Intel, but I don't see many products from them lately. So if I imagine that the Taiwanese businesses (including VIA) are on the same team when it comes to this issue, doesn't that give them the upper hand?
      AMD chips are a completely viable alternative to Intel chips, so couldn't a bunch of pissed-off Taiwanese manufacturers get together and "punish" Intel by perhaps being a bit slow to market with whatever Intel's next socket design is, effectively giving the processor market to AMD?

      --

      "Reactionaries must be deprived of the right to voice their opinions; only the people have that right." - Mao

    4. Re:VIA's move.. by Anonymous Coward · · Score: 0

      No there's still OEMs who design their own boards, like Compaq and probably a few others. Even if they get them manufactured by Taiwanese subcontractors (after all, they make most non-IBM-T/A/X notebooks), the subcontractors wouldn't have good justification to dilly dally.

    5. Re:VIA's move.. by Skuld-Chan · · Score: 1

      You do know about the formosa conglomeration? I think it includes companies like National Semiconductor, SIS, VIA, FIC (motherboard company) just to name a few. Intel actually picked on a very very very large corperation (or group of corperations) when they went after VIA.

  18. Getting tired of the spin... by (H)elix1 · · Score: 5, Interesting

    News.com said...
    "Although many legal experts were not surprised to see the Bush administration relenting on a position strongly advocated by Clinton trustbusters, the apparent support of the state attorneys general for that move did catch them off guard. "

    While popping over the pond to www.theregister.co.uk gives you a bit different view.
    "Although the DoJ's statement last week was seen in some areas as the Bush administration letting Microsoft off, as yet there's no justification for such an intepretation. Unless the powers that be in the DoJ are lying (which is of course is possible), then they are simply trying to speed up the imposition of adequate and achievable remedies, while abandoning the tricky, dubious and legally lengthy ones. A Microsoft break-up always seemed a dubious and probably unworkable solution, and there was a fair bit of justification to Microsoft's claims that it would have destroyed the company. You and we might think that'd be richly deserved and a good thing for the industry anyway, but the US legal process is only supposed to be stopping Microsoft abusing its monopoly position."

    While GWB may be an easy target these days, I'll take Wall Street's reaction to what the DoJ did as better insight - stock prices dropped rather than jumped when they said they were going to do some behavior modification rather than just break them into two baby bills. You really think the DoJ is going to call off the dogs and let them off easy? Buy stock. I for one think they are going to get it in the ass and am grateful to have jumped out when it hit the 70's....

    1. Re:Getting tired of the spin... by bendude · · Score: 1

      "...justification to Microsoft's claims that it would have destroyed the company."

      So, if the only way I can opperate is illegally, then that's ok in the US, is it? Can I have a green card, now? Please.

      --


      Get the Hell off my planet, you slimy mobster Bush!
    2. Re:Getting tired of the spin... by Malcontent · · Score: 2

      "So, if the only way I can opperate is illegally, then that's ok in the US, is it? Can I have a green card, now? Please."

      In the United States the laws are designed to benefit the rich not to server the public. If you acted in a criminal way you would be jailed. Welcome to America!

      --

      War is necrophilia.

    3. Re:Getting tired of the spin... by remande · · Score: 2

      You really think the DoJ is going to call off the dogs and let them off easy?


      Yup.


      The DoJ started investigating Microsoft when Clinton put Reno in the seat. Bush I didn't do any antitrust work.


      Remember, the DoJ is controlled by the White House, and the Republicans think that antitrust is bad for business.


      And no, I won't buy stock. That would imply my support beyond the bare minimum M$ tax I pay.

      --

      --The basis of all love is respect

    4. Re:Getting tired of the spin... by Anonymous Coward · · Score: 0
      And no, I won't buy stock. That would imply my support beyond the bare minimum M$ tax I pay.

      Ah, but if you think M$ is going to get off easy and M$ stock is going to go up as a result, then buying M$ stock is a way of getting your 'M$ tax' money back. :-)

    5. Re:Getting tired of the spin... by Dwonis · · Score: 2

      Yes, but who wants to be unhappy when MS gets flushed down the toilet?

  19. Any bias in selecting articles... by A+Commentor · · Score: 0, Offtopic


    Apparently, it depends on who submits an article on whether or not it's posted...

    The article at infoworld , I submitted.

    2001-09-10 15:25:55 Via Fires back at Intel (articles,patents) (rejected)

    --

    Looking for any old 8-bit Heathkit/Zenith software/hardware - http://heathkit.garlanger.com

    1. Re:Any bias in selecting articles... by tester13 · · Score: 0, Offtopic


      I've submitted articles that have been rejected also. Why do you care if a duplicate is accepted and yours is rejected. The story got published and we can all weigh in. What's the problem?

    2. Re:Any bias in selecting articles... by Anonymous Coward · · Score: 0

      I did it around 915. Rejected.

  20. Oh, please by Anonymous Coward · · Score: 2, Insightful
    Did it ever occur to you that maybe, just maybe, there are people in this world who think MS is Very Evil, but that breaking them up isn't the best solution? And that maybe these AG's are among those people?

    I've said all along that the only viable remedies here are behavioral, and they must include, at a minimum, forcing MS to use one pricing schedule for licensing products to any OEM, forcing them to open their API's, and forcing them to give up control over how OEM's can configure and set up Windows. Even that combination probably isn't enough, but it's the bare minimum that I would want to live with.

    1. Re:Oh, please by TandyMasterControl · · Score: 1
      Did it occur to you to ever read the news on the case you're pontificating on?


      The States AG are widely said to be the only reason a breakup solution was requested at all (in addition to conduct remedies). They were more hardline that the DOJ about taking MS apart in order to lessen the ability and the incentive for tying application software to the Windows OS, the way MS has always done and will continue to do as long as they remain one business.

      --
      Johnny Quest has two Daddies.
    2. Re:Oh, please by aralin · · Score: 3, Interesting
      I guess you are on drugs. Do you even KNOW what it is API? It means APplication Interface. Its the part thats supposed to be used for interactions with others and interoperability. Thats the part that is SUPPOSED to be open! As long as it is not, all the claims of MS about interoperability support are just bullsh*t.

      They keep them closed and describe just in part and just to someone so they would selectively decide, which ISV's products will work better on their OS and which will work slower or with more problems or won't be that much compatible through their line of OSes. Does in your opinion has Microsoft a right to decide on this? Do you think they have even right to artifically create such situation when different competing companies have uneven conditions?

      In case they are abusing such closed API to enter other markets, like Web browser market, Multimedia Viewer Market, Office Suite market. (It ain't done if Lotus still works....) Then its from the legal stand point abuse of monopoly powers and this is illegal, not having the monopoly, but abusing it and leveraging the monopoly into further markets.

      To make long story short, they are bloody thieves and ought to hang on next tree.

      --
      If programs would be read like poetry, most programmers would be Vogons.
    3. Re:Oh, please by dpilot · · Score: 3, Insightful

      >>forcing them to open their API's

      >I just dont agree with you on that. No competitor, ever, regardless of market position, should ever ever ever be forced to actually assist
      >the competition in hurting themselves.

      As otherwise mentioned, an API is supposed to be an interface point, where different parties can interoperate. Microsoft is the master of the Oxymoronic API, where they want the appearance of interoperation, and enough to grow markets, yet reserve the ultimate rewards for themselves.

      As for precedent on being "forced to open APIs", there are two most noteworthy:
      1) The telephone system, including but not limited to those lovely RJ11 and RJ45 jacks we all use. IIUC, much more than just physical connectors was opened with that judgement.
      2) The System/360 I/O Channel, to allow Plug Compatible Manufacturers to really make things to plug into those mainframe channels.

      >It would be absurd to suggest that Standard Oil should have given away its oil to competitors because of its monopoly position. Its just as

      No, but take a look at any pump, with its three buttons for 87, 89, and 93 Octane. That's part of the equivalent of an API for gasoline. It's the reason you can drive up to ANY gas pump, not just a Standard Oil subsidiary, and have reasonable confidence of driving away again without eating out your engine's innards.

      >absurd to suggest that MS give away its property - intellectual as it may be - to their competitors. The API's belong to MS - they were
      >developed, refined, tested (hahaha.. well obstentibly}, and maintained by MS. To force them to give that away is simply wrong in all sense of
      >the word.

      Once again, one must understand the political sense of what an API is. One must also understand that when one wishes to become the STANDARD of the industry, there are additional rules to play by.

      --
      The living have better things to do than to continue hating the dead.
    4. Re:Oh, please by mpe · · Score: 2

      A better solution would be to require MS to use a consistent scheme for pricing that allows for volume - specifically, Dell will get a better price than Mom & Pop Screwdriver Shop; however, if Mom & Pop were to achieve the sales volume of Dell they would have the same deal.

      But such a pricing needs to be totally transparent, no dodgy secret dealings. Another things would be to have no OEM or "customer" versions of Windows. Thus Jo and Jayne reseller could sell to as many Mom & Pops as they like. Indeed it might even be cheaper for Dell to buy from a reseller than directly from Microsoft...

  21. Re:Speaking of Anti-Microsoft Rhetoric you Asslick by ubertroll · · Score: 0, Funny
    Top 10 Reasons to Move to Windows 2000 Professional
    1. Value. The number one reason to move to Windows 2000 Professional is the overall value it offers your business. As this list proves, Windows 2000 Professional can help you reduce costs through improved management and increase productivity through improved reliability and ease of use. For example, analysis conducted at Credit Suisse First Boston predicted that using Windows® 2000 Professional could reduce the firm's directly related IT costs by 15 percent, as well as improve employee productivity by cutting computer-related unproductive time by as much as 41 percent. For more about return on investment, see these reports from Giga Information Group, Inc. and Arthur Andersen.
    2. Reliability. An essential requirement for business users is a personal computer they can count on. That's why Windows 2000 Professional includes fundamental improvements--such as modifications to the operating system core to prevent crashes and the ability for the operating system to repair itself--that make it the most reliable desktop operating system Microsoft has ever produced. On comparative reliability tests conducted by ZD Labs, the average system uptime of Windows 2000 Professional was over 50 times that of Windows 98 and 17 times that of Windows NT Workstation 4.0.
    3. Mobility. Mobile computing is simpler and more efficient with Windows 2000 Professional. This means you can work anywhere, anytime while also saving time and increasing productivity. As described in these news articles, "Finally, a Notebook OS" and "Mobile Users In Love with Win2K", Windows 2000 Professional offers mobile users key productivity and time-saving features, including the ability to hibernate and restart the system without a reboot and the ability to easily take files and folders offline.
    4. Manageability. Windows 2000 Professional is easier to deploy, manage, and support. Centralized management utilities, troubleshooting tools, and support for self-healing applications all make it simpler for administrators and users to deploy and manage desktop and laptop computers. These improvements pay off in reduced costs, as illustrated by this Eastman Chemical total cost of ownership analysis.
    5. Performance. The advancements made throughout Windows 2000 Professional are accentuated by the operating system's speed. As shown in ZD Labs tests running the most popular business applications, with 64 MB of RAM, Windows 2000 was 32 percent faster than Windows 95 and 27 percent faster than Windows 98. It is also significantly faster than Windows NT 4.0 on configurations with 32 MB of RAM.
    6. Security. Windows 2000 Professional provides comprehensive security features to protect your sensitive business data, both locally on your desktop computer and as it is transmitted over your local area network, phone lines, or the Internet. With its support for Internet-standard security features such as IP Security, Layer 2 Tunneling Protocol, and Virtual Private Networking, Windows 2000 is so secure that banks, such as Credit Suisse First Boston, use it. For some organizations, such as the law firm Dorsey & Whitney LLP, security is a key reason for moving to Windows 2000.
    7. Internet. The familiar user interface of Windows 98 combined with all the capabilities of Internet Explorer 5, makes using the Internet and your local desktop a unified user experience, as described by PC Magazine. This user interface, combined with integrated search capabilities, makes it easier to find and use information locally and on the Web.
    8. Usability. As described in this Windows 2000 Magazine review, Windows 2000 Professional combines the power and security of its predecessor, Windows NT Workstation, with the traditional ease of use of Windows 98. It also provides more wizards, a centralized location for common tasks, and menus that adapt to the way you work.
    9. Data Access. When you use Windows 2000 Professional in conjunction with Windows 2000 Server, you can take advantage of IntelliMirror technologies. By letting you store your important information and desktop settings on a central computer, IntelliMirror lets you work on any computer attached to your network as if you are at your own desk. The centralized management savings made possible by Windows 2000 IntelliMirror technologies are one of the reasons WFofR, Inc. is using Windows 2000 Professional.
    10. Hardware. Windows 2000 Professional lets you take advantage of new hardware devices, such as those with universal serial bus (USB) and IEEE 1394 (Firewire) connections. In addition, support for existing hardware makes Windows 2000 ideal for companies, such as Panasonic, that want to standardize on a single operating system across their organizations.
    How To Get Windows 2000 Professional: Convinced? Choose from the following to move to Windows 2000 Professional today:
  22. Re:Why arent they just going with the original pun by MegaGremlin · · Score: 1

    Prohibition was repealed by the 21st Amendment (passed in 1933)

    --

    .sig
  23. Hello, anyone ever seen MSDN? Anyone? Bueller? by Anonymous Coward · · Score: 0

    *nt*

  24. They can't do anything by Billly+Gates · · Score: 4, Insightful

    What are they going to do? Spank them?

    Only the federal government has the power to enforce actions like breaking them up. NY state may slap a fine but ms does not have to pay it. The constitution clearly states that only the state of Washington, or the federal government can slap a fine on MS because state powers can only regulate their own states. It will be a cold day in hell before the state of Washington investigates them. The federal government is paid off by Microsoft so they can only slap them on the wrist if anything. In other words ms won. Only a true breakup will end their dominance. They have shown in the past to not follow or respect the law. Just look at the bundling case with Windows95. Basically the DOJ investigated Microsoft's pricing with various OEM's. Ms promised to clear the situation out. Instead Microsoft wrote a more repressive one and labeled it a "trade secret" to prevent the DOj from reading it. The new one is rumored to have a clause that states that if the DOJ requests information about Microsoft, and then they must contact Microsoft's headquarters. In other words Ms has a heads up from OEM's to destroy and obstruct justice so the doj wont find anything. Actions like these and the dragging on with the windows98/Ie case show that ms will never give in and only a breakup can free the industry.

    In other words were fucked. Not meaning to be a pessimist here but the UE and the states are quite powerless. The only thing they can do is ban sales of ms products in their states or in Europe. They wont and can't do this. If businesses and individuals couldn't buy a computer at all (remember that windows is required), then they will be so much public outcry will reverse the case.

    1. Re:They can't do anything by Anonymous Coward · · Score: 0
      The constitution clearly states that only the state of Washington, or the federal government can slap a fine on MS because state powers can only regulate their own states. It will be a cold day in hell before the state of Washington investigates them.

      The Constitution says something about the state of Washington?

    2. Re:They can't do anything by mgpeter · · Score: 1

      U.S. Constitution - Article 10

      The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

      Microsoft is not "in the clear" yet. The two states involved are New York and California, probably a third of the US population live in either state. The states may not be able to break up Microsoft, but they can do lots of damage (especially with all of the "consumers" living in either state, a ban on distribution of Windows XP wouldn't be a joy-ride for MS).

      Anyway the damage is being done as we speak. I went golfing (no jokes please) yesterday with a couple of people, a teacher and 2 engineers. When they found out that I worked on networks I could not believe what I heard. Everyone was fed up with Microsoft, the teacher even asked me to attend a board meeting that they are going to have to discuss what to do with all of the "Piracy Letters" that they recieved from the BSA over the last few months.

      The public may have more of an influence than people think.

    3. Re:They can't do anything by sconeu · · Score: 2

      ((especially with all of the "consumers" living in either state, a ban on distribution of Windows XP wouldn't be a joy-ride for MS).

      Alas, that won't fly, if it's imposed by CA and NY. The Interstate Commerce Clause, while generally abused by the Feds, does reserve to the Federal government the right to regulate Interstate commerce. Therefore it doesn't fall under the 10th Amendment, and would be an unconstitutional attempt by those states to interfere with Interstate Commerce.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    4. Re:They can't do anything by sconeu · · Score: 2

      The constitution clearly states that only the state of Washington, or the federal government can slap a fine on MS because state powers can only regulate their own states. It will be a cold day in hell before the state of Washington investigates them.

      The Constitution says something about the state of Washington?


      Read the post. "state powers can only regulate their own states". If I recall correctly, MS is headquartered in Washington State. Of course, the OP did phrase it badly.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    5. Re:They can't do anything by Billly+Gates · · Score: 2

      The vast majority of americans and especially pc users love Microsoft. Some teachers may be an exception because they have a limited school budget.

      However, average user does not recieve such "Piracy letters". What kind of engineers were they? If they used unix or are network engineers then they deffinetly would recieve such letters or have used alternatives. Many engineers still use unix. Also many mac users hate microsoft and perhaps your teacher used macs at school. I don't know.

      Bussiness users demand ms office and will go nuts without it. The IT managers would only recieve the piracy letters so the others wouldn't care. Remember the IT managers performance is evaluated by teh pro ms users. The states only have the power to ban sales in their own states and they will not do this because of bussiness users. Also many home users who need to buy another windows box and will be pissed on why Dell won't sell them any pc's. The only alternative is a fine. Ms does have a very strong constitional case if states try to fine them on constiutional grounds. So even though over a quarter of americans live in states that are investigating ms, they can not do much. I believe a fine might work after years of appeals and would have to be done by a federal court. I bet ms would just raise the price of windows in that state to make up for it and uers will actually be more screwed then before the case began. MS is in a great situation right now.

    6. Re:They can't do anything by Brian+Knotts · · Score: 1
      However, Microsoft probably has a "business presence" (i.e., offices, warehouses, manufacturing, etc.) in both of those states.

      That gives those states authority to take action against the company.

    7. Re:They can't do anything by Anonymous Coward · · Score: 0

      We're fucked? What did MS do to you, individually? A few asshole companies got fucked, and as far as I'm concerned most of them deserved it.

      I'm not going to pay for the personal vendettas of Elison, Joy and a bunch of penguin loving fuckwits, and if my stock drops I pay.

    8. Re:They can't do anything by Anonymous Coward · · Score: 0

      Actually, if you are a consultant, whipping up a bunch of nasty BSA letters and mailing them to your clients is a great way to drum up business.

    9. Re:They can't do anything by jark · · Score: 1

      just because Washington can levy _fines_ on MS does not mean that we are fucked. what they can do is issue an injunction barring the sale of the software within the state. sure, it doesnt stop people purchasing the software via the Internet but to the casual person the fact that their own state has barred the sale of the software from within state lines would surely be enough to hurt MS. this would mean that all government agencies within NY couldnt purchase XP and any business headquartered there. it might very well work, you never know.

    10. Re:They can't do anything by Simon+Brooke · · Score: 2
      Not meaning to be a pessimist here but the UE and the states are quite powerless. The only thing they can do is ban sales of ms products in their states or in Europe. They wont and can't do this.

      You're a pessimist. They don't need to do anything as draconian as that.

      Nothing stops either the states of California and New York, or the European Union, mandating that all computers in use in the public sector run only software to which the full source code is freely available. If they do this, then they constitute a market force sufficiently large to guarantee that all the software needs of a very large organisation can be met from open source. In which case,

      • every other large organisation has the choice between paying large sums to Microsoft for no benefit, or adopting the open source alternatives.
      • every OEM has the choice of selling his products with Microsoft OS and pay the Microsoft tax, or selling them with a well-proven, publicly recognised, free alternative.

      Microsoft would not even have to be mentioned by name in this legislation. The legislation could be justified simply on grounds of security, as France has been suggesting, or on grounds of cost, as Brazil has been suggesting. But it would destroy Microsoft's dominant position utterly and permanently. Interesting times lie ahead.

      --
      I'm old enough to remember when discussions on Slashdot were well informed.
    11. Re:They can't do anything by Anonymous Coward · · Score: 0

      Yeah, right. France and Brazil will run on what operating system ? That will really help their economies to run on obsolete or half baked software. They don't have any realistic alternatives.

    12. Re:They can't do anything by eMilkshake · · Score: 1

      They can make MS products illegal to sell in the state of NY or make it so that you must be 21 to buy it.

  25. Legal mumbo jumbo... by slackergod · · Score: 3, Interesting

    Interesting strategy Via's pursuing...
    while I'm sure it will just end in Intel and Via
    coming to a mutal licensing agreement, if it does
    actually go to court(s), Via's pursuing it in
    three separate avenues, and if they win in just
    one of them, they've hurt intel severely.
    I'm sure Intel is quite reliant on sales and
    resources those three (US, England, Thailand).

    On the other hand, if Intel wins, it's of relatively
    less inconvience for VIA, they
    just have to retool some things in their chipset
    (where Intel's patents are laying claim),
    but if Via wins in just one place, Intel
    would have to retool the P4 itself, thanks
    to the S3 patents. A much bigger job.

    <begin semiunrelated rant>

    Sigh. Why don't they just merge,
    then get bought up by AOL/TW,
    and then have complete vertical integration.
    Next up: company script!

    </the rant shall never end>

    -Slackergod

  26. DOJ attack on MS helped cause the dot-com crash by billstewart · · Score: 1, Flamebait
    The anti-trust attack on Microsoft was one of the three main causes of the dot-com market crash. The two others, which were more obvious, were Greenspan's jacking up interest rates in a capital-dependent market, and the fact that the dot-com boom was partly a tulip-bulb bubble, driven by hype and boundless optimism, so negative public opinion about the realism of advertising-funded petfood.com biz really can lead to the market declining.

    Microsoft's vital contribution to the Silicon Valley business models, besides being the Evil Borg, was that the two main profit-realization methods for startups and their VCs are to either Go Public or Sell Out - and the big companies to sell out to were Cisco for hardware startups and Microsoft for software and services startups (e.g. Hotmail.) By threatening to rip Microsoft into little pieces and stomp on them and cutting its stock price in half, the anti-trust attack entirely destroyed MS's viability as somebody to sell your startup company to, which also means that VCs are less likely to give *you* funding because their only ways to make tons of money from your company are to Go Public in a now-shakier market or to Actually Make A Profit, which is a much slower and more speculative approach. But at the same time, the VCs' pool of money was drying up because the interest rates were getting jacked up and because the stock market was being hit hard by MS's nose-dive and by the simultaneous nose-dive of the money-intensive telecom sector, which had just acquired gigabucks of debt funding the fiber optic glut and was looking pretty shaky itself. And Actually Making A Profit was also becoming much harder, because the services startups and internet-doubling-every-15-minutes ISP expansions were Cisco's big revenue sources, so it's a vicious cycle spiraling downhill.

    Microsoft's insistence on PC vendors' using their OS on everything may be overly greedy, but the Bundling Internet Explorer For Free issue that dominated the anti-trust hype is a bogus issue. First off all, it was largely PR and lobbying from Netscape, who had gained their market position by giving away their browser for free, so it's pretty hypocritical of them to complain that MS is doing the same. But beyond that, the Java/Netscape/Sun/Corel/Linux world was making it clear that once everybody had a Java-capable browser, the operating system underneath would be basically irrelevant, so you'd be able to replace the MS-DOS underneath with something Much, Much Better and still use the same applications you were comfortable with. I happen to think that's true, pretty much, and *I'd* like to jump in that direction at the office as well as on my home PC, but it is a machine gun pointed directly at Microsoft's heart, and they really had no choice but to derail it by trying to offer their own substitute for it. And having your competitors threaten to give away free software that makes your entire company obsolete and unnecessary would seem to be a reasonable justification for doing the same thing in response, and it's unfair of the AntiTrust thugs at DoJ to bust them for it, especially when it's that conspiracy of competitors that lobbying DoJ to do so. Even if they are the Borg.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
    1. Re:DOJ attack on MS helped cause the dot-com crash by bendude · · Score: 1

      Excuse me, hello....

      Incase you came down in the last shower, and it's not a case of you not switching you brain switch to the "on" position, let me make it clear that the stock market is as related to the real world as the Kentucky Derby is to a pony ride at the state fair. Yes, money gets exchanged, yes economies depend on it, but the values of each stock depend on the whims of a crowd of inbread, self important, nothings. Rich, but with nothing of substance to show.

      --


      Get the Hell off my planet, you slimy mobster Bush!
    2. Re:DOJ attack on MS helped cause the dot-com crash by gnovos · · Score: 3, Funny

      Wow, you are so right! I always knew it wasn't because of tens of millions of dollars a month burn rates, business plans seemingly written by optimistic monkies (and not the bright ones), IPOs lauched literally months after the initital funding rounds, with profitability not projected for a decade... No, I'm sure you are absolutly correct about it being the DoJ's fault...

      :)

      --
      "Your superior intellect is no match for our puny weapons!"
    3. Re:DOJ attack on MS helped cause the dot-com crash by krmt · · Score: 5, Insightful

      Why was the dot-com crash such a bad thing? It, as you mentioned in the beginnning of your post (and pretty much ignored later in favor of throwing out borg and interest rate references) most of the dot-com companies were built on a bubble of a bad idea. Some were bought out and most floundered.

      But did they deserve to be in business if they couldn't make a profit? My answer is no.

      You can blame it all you want on the DOJ trial and interest rates, but when your entire business plan rests on being profitable enough to survive until one company buys you out, then you've got some bigger issues there.

      The Valley is considered America's number one profit center and economy driver, and when nearly all of said area is beholden to a single company from afar, you have to question whether or not this is a good thing. Obviously, many people think not. Netscape/Sun/Other Java people were trying to change that.

      Java was not going to be a replacement for MS-DOS or whatever else. JavaOS, while much hyped back in the day, turned out to be shit, and most anyone could have guessed it. Java needs an OS under it, the difference is that the OS doesn't have to be Windows any more. While this was aimed straight at Windows' heart, Microsoft was able to leverage their power unfairly in ways that Netscape was totally incapable of doing. This is why they were found guilty in the trial. I don't disagree that they should have provided a free competing product to deal with the threat. I do also acknowledge that they used their near infinite power over the desktop computing landscape, in everything from licenses to integration to proprietary extensions, to compete unfairly with Netscape and Java.

      When a company has this much power, and can stamp out anyone who poses a threat this easily, it is time for it to be dealt with. The brightest, biggest, and best companies in computing, all unified behind java, couldn't beat Microsoft. And you want to tell me this is a "bogus issue"?

      No company should hold this much power. No company should ever think "What is good for us is good for America," which is exactly what Microsoft has gotten to thinking. No country should hold them most important and vibrant sector of America's economy entirely within its thrall.

      You want to blame the DOJ trial for the dot-com crash which was bound to happen anyway. I say the DOJ trial put things in perspective. The whole thing really started when Netscape itself was the darling of the stock market, and then everything internet would be huge, riding on Netscape's coattails. Microsoft killed this vision with Netscape, putting a cold, hard dose of reality in those VC's eyes. The dot-com bubble needed to burst, and Microsoft needs to be regulated.

      --

      "I may not have morals, but I have standards."

    4. Re:DOJ attack on MS helped cause the dot-com crash by Anonymous Coward · · Score: 0

      Wait a second...

      If the only way dot-coms could realize their value was through the possibility of an MS buyout, then the value was artificial to begin with. So MS may be (in small part) to blame for inflating the bubble, but that doesn't mean the anti-trust suit is to blame for bursting it. The main cause of the inflation is over-hyped investor speculation, and the main cause of the burst is reality setting in.

      As for your comments about IE bundling vs. Netscape: Netscape never had the leverage (by way of an OS monopoly) to dictate standards the way MS now does as a result of their bundling. Giving away Netscape wasn't an anti-trust issue. Giving away Explorer (sans bundling) wouldn't be an anti-trust issue either. Tying the browser to an OS that already has a monopoly on the market is where the line was crossed. And the suggestion that MS's very existence was threatened by Netscape et al is really just absurd. Microsoft has taken some very predatory actions so it isn't surprising that some of the companies you named are in support of the suit.

    5. Re:DOJ attack on MS helped cause the dot-com crash by matsh · · Score: 1

      > First off all, it was largely PR and lobbying
      > from Netscape, who had gained their market
      > position by giving away their browser for free,
      > so it's pretty hypocritical of them to complain
      > that MS is doing the same.

      MS didn't just give it away; they even paid to push it out. I worked at the Swedish Post at the time, and I remember that MS offered us money for putting Explorer on our CDs.

    6. Re:DOJ attack on MS helped cause the dot-com crash by spsheridan · · Score: 1

      You had three "causes" for the dot-com crash.

      1) MS anti-trust
      2) Inflated lending rates
      3) Mass Hysteria

      Spending outrageous amounts of money to buy half-baked companies that would never make a profit if they could print their own money, over-inflated share prices that had to gaurantee growth at exponential rates for a decade to make them worth it had nothing to do with it. That's the hysteria part. And that alone is enough to cause a crash. So I agree with item #3.

      As for item #2, the dot-com phenomena was created by venture capitalists, not bankers. See bankers have laws that they must follow, lending practices hammered out in economies for a few centuries now. Bankers would be able to look at a flow chart and say "pet food don't make money you geek. Get out of here". And the Fed controls lending rates between BANKS. It's such a subtle effect that it doesn't touch credit card rates and rarely effects mortage rates. VC's don't get loans from banks, they wouldn't lend it to them for such shaky investments. VC's are gamblers and bankers don't gamble.

      And for item #1, the Anti-trust case started in 97 and I daresay we will see the end of it in '05. Kind of hard to put cause and effect together there chum. Just to keep you honest.

      Speaking of bundling IE into windows for free.. considering you had to pay for windows, how exactly is IE free? I mean, it only worked on an operating system you already paid hundreds of dollars for. Maybe MS decided to not charge us for SOLITARE and then we paid for IE instead. It's all semantics here.

      The essence of the arguement is "leveraging". When you have a monopoly in an area, like OPERATING SYSTEMS, and you use that monopoly.. say by "bundling" your software with your monopoly operating system, you UNFAIRLY LEVERAGE YOUR MONOPOLY in operating systems into another area, like browsers.

      See, the law doesn't make bundling illegal, it makes unfair business practices resulting from monopolies unfair.

      And about your java thing.. does JAVA really do everything windows does? Can it? Can Java do directx? I didn't think so.

    7. Re:DOJ attack on MS helped cause the dot-com crash by vidarh · · Score: 2
      Your interest rate argument is fatally flawed. Sure, the VCs don't borrow from banks. But VCs do borrow from investors. And when interest rates increase, it becomes more and more important for banks to get access to funds elsewhere, which means interest rates for deposits go up, and more lucrative bonds gets offered by the banks.

      When that happens, the least risk taking segment of the investors pull out of the stock market and put their money in bonds and as deposits instead.

      Which means that liquidity in the stock market is reduced. Which means some medium risk investors will pull out of VC funds, and find safer investments, such as heavy established stocks or (if they're spooked enough) bank deposits and bonds.

      So while I do agree with you that hysteria (for good reasons) was the major factor, interest rate hikes certainly do affect the investment climate too.

  27. the Via case is a bigger deal! by matticus · · Score: 2

    the MSFT case is not a big deal. whatever happens will happen. However, the Via/Intel case is a HUGE deal. If there is validity to Via's claims, Intel is in serious trouble. HardOCP
    has a thread going down in their forums commenting on what the ramifications of this are. This could be huge-keep an eye on it. Via has the potential to really smack Intel where it will hurt the most-in the courts.

    1. Re:the Via case is a bigger deal! by Anonymous Coward · · Score: 0

      It could get really ugly for Intel,
      VIA wants a temporary decree in Taiwan to stop
      the i845 - when was the last time you looked on the "made in" sign on your mainboard?

  28. Simpler Solution by Auckerman · · Score: 3, Interesting

    Let OEMs have the same rights of resale that consumers have. That is, let them modify Windows in any way they see fit, while at the same time forcing MS to license Windows at the same cost to all OEM's under the same license. Add to that, not allowing them to help supplement shelving and advertising or any other costs that OEM's occur if they stick to MS's version of Windows.

    Then you will IMMEDIATELY see competition in the market as companies dump WMP for Real, Quicktime or home brewed solution.

    --

    Burn Hollywood Burn
    1. Re:Simpler Solution by Anonymous Coward · · Score: 0

      As much of a MacHead as I am, QT is kinda pokey on peecees. I'd much rather not see WMP fucked as it'd put a cramp in my porn viewing at work.

      Real completely crashes my machine, and it's Win2K. Home-brewed sounds frightening...

  29. What Good Will It Do? by Arandir · · Score: 5, Interesting

    Everyone is coming down on the feds for not pursuing a breakup. Why?

    What possible good would it do anyone out there if Microsoft were broken up onto two Baby Bill's?

    Do you really think MicrosoftOne will stop offering deals for exclusive contracts just because they can't through Office into the package?

    Do you really think MicrosoftTwo will open up the Office File formats just because they don't work down the hall from the OS guys anymore?

    --
    A Government Is a Body of People, Usually Notably Ungoverned
    1. Re:What Good Will It Do? by I_redwolf · · Score: 1

      No. I do however expect it to happen eventually. When a monopoly is usually broken up and the companies it is split into have to compete with each other not to mention other competitors in the market. Things change, and they change quickly. Microsoft might still have a dominant hold on the desktop but except to see quality software for once and the opening of some of their file formats . They have to do this simply to remain on top and finally the users would get some quality software because Microsoft1and/or2,3,4 whatever will have to fight for it's position in the market. People are truly fedup with the BSOD and things just crashing for no damn reason.

      I'd sincerely hope that MS was broken up for this one reason. Quality Goods. Infact if MS had a monopoly because of their quality software and outstanding products I don't think anyone here would object. It would be a "good monopoly" A monopoly that is created because people don't want any other product, they buy Microsoft and they buy Microsoft because it's affordable and quality goods. Nothing wrong with that. Too bad it's the other way around.

    2. Re:What Good Will It Do? by blair1q · · Score: 2

      Which is why you break it into FIVE companies:

      1. MSN
      2. MS Applications
      3. MS Operating System 1
      4. MS Operating System 2
      5. MS Operating System 3

      From then on, the three OS groups, which get identical snapshots of the code base, have to compete with each other, and deal with the software world, including the MS Apps group, as foreign entities. First one to go open-source and get compatible with Linux wins a lot of interesting markets (not to mention undercutting the closed-sourcedness of the other two).

      The Apps group has to treat the browser as a software product, rather than an integral part of the revenue generator for its networking and OS divisions.

      And MSN has to compete with the rest of the internet for the Apps and OS groups' support.

      This of course would never happen, especially not under a Bush DoJ, but not even under Clinton's DoJ, because it makes perfect sense, and there's no way that something that makes perfect sense can be allowed to happen so long as Bill and Ballmer have money to spend.

      --Blair

    3. Re:What Good Will It Do? by Mike+Schiraldi · · Score: 2

      If they're broken into two companies, we'd immediately see Office for Linux and Internet Explorer for Linux and Linux Media Player and Outlook for Linux. So companies would say, "Gee, why pay $350 a seat for NT when Linux runs all our apps?"

      Then Windows loses its monopoly and they can no longer hold OEMs hostage or cram their technology down people's throats (IE, Hotmail, MSN, MSN Messenger, WMP, etc)

    4. Re:What Good Will It Do? by mimbleton · · Score: 1

      Yeah, it makes sense that IE can be treated as a software product and sold for $100.
      Thanks to your brilliant solution I would have to shell out $100 just to browse the web, in addition to spending $200 for latest MS OS 1, 2 or 3.

      You know what ? If you want to force MS to sell IE why not force Mozilla folks to do the same.
      We would see how competitive is that "Open Source" product.

    5. Re:What Good Will It Do? by krmt · · Score: 2

      Who says they have to sell it? I can think of one major operating system company that doesn't manufacture a web browser of their own, but licenses IE instead. Why couldn't Microsoft OS license IE from Microsoft Apps?

      We would see how competitive is that "Free" product.

      --

      "I may not have morals, but I have standards."

    6. Re:What Good Will It Do? by Arandir · · Score: 3, Interesting

      There's thousands of Windows-only software titles down at the local CompUSA, Fry's and Micro Centers. If they aren't ported to Linux, then what makes you think MS2 Office would be?

      How come, despite the supposed love affair with Linux that IBM has, Lotus SmartSuite has not been ported to Linux yet?

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    7. Re:What Good Will It Do? by Anonymous Coward · · Score: 0

      > have to compete with each other, the problem with your solution is the word "have". What if they don't? (compete) what if they just split the software into three parts which force you to buy them all just to get one OS that works? A multi-headed hydra is far harder to kill. Stick with one head.

    8. Re:What Good Will It Do? by Anonymous Coward · · Score: 0

      Why only 5 companies -- why not 10? Or 20?

      Oh yeah, you forgot -- Microsoft is not going to be broken up at all. Unless Slashdot's mysql is malfunctioning again and your comment was actually posted 2 years ago.

    9. Re:What Good Will It Do? by Syberghost · · Score: 2

      Which is why you break it into FIVE companies:

      1. MSN
      2. MS Applications
      3. MS Operating System 1
      4. MS Operating System 2
      5. MS Operating System 3


      Then OS-2 and OS-3 sell all their assets (except the Windows code) to a new company for $1, and get out of the business.

      Then OS-1 hires all their employees.
      Then the Apps groups continues to not make an up-to-date version for anything except Windows, because why should they?

  30. Doubt it. by hendridm · · Score: 3, Interesting

    People have been using flawed operating systems too long. I think they see what they percieve as "the best" to being as close as you can get to perfect. They settle for flaws because "what else is there?" People may ask for more, but given the choice of "just dealing with it" and switching to other operating systems they perceive as inferior, I tend to think they will continue to deal with problems. After all, if they didn't think Windows was superior in some way, they probably wouldn't use it. Even if they are too novice to install Linux, they have another easy, plug and play solution - Macintosh. Because of this, I don't think people use Windows out of ignorance, but preference.

    How do you change someone's preferences? Make your OS appeal to their needs (simplicity & compatibility) or do more promotion. Microsoft does a helluva lot of promotion. Who here doesn't think the average Windows user prefers simplicity over stability and security? At the Help Desk where I work, people complain regularly about how their computer locks up constantly, but they continue to use Windows 9x.

    I tend to prefer Windows because of its efficient GUI and driver support (although not perfect by any means), I'm smart enough not to leave it wide open for hackers (as best as I can, anyway), and Windows 2000 has proven incredibly stable for me. I also enjoy my Linux machine for reasons Microsoft has yet to provide (IMO, Linux dominates in the web development arena).

    There is no one-size-fits-all OS.

    1. Re:Doubt it. by mimbleton · · Score: 1

      "People have been using flawed operating systems too long."

      Oh stop.
      As far as typical users is concerned Linux is the definition of a flawed system where hardly anything works together and each program seems to be using its own set of fonts ( not mention following its own local rules as far as copy/paste functionality is concerned.)
      Where is your "superior" OS ?

      " or do more promotion."

      Linux is being promoted all over the place, comletely out of proportion to its importance.
      Do you see many lay people switching to that OS ?

    2. Re:Doubt it. by Metrol · · Score: 5, Insightful

      Linux dominates in the web development arena).

      In exactly what area? Mind you, I'm talking about development, not web serving. I should also mention before going into my rant here that I would dearly love your statement to hold up. Typing this from a FreeBSD desktop now.

      Exactly which Linux application is a suitable replacement for Dreamweaver, FrontPage, or even GoLive? Which Linux app supports syntax hi-lighting half as well as HomeSite or JEdit(available on Linux as well)? How about graphics support comparable to Photoshop, Imageready, or Fireworks? Any FTP clients out there that match up feature and stability wise to FTP Voyager or even Dreamweaver's file manager?

      To date I've seen attempts at trying to implement portions of the above, but none that are production quality kind of apps. Perhaps I'm gonna get slammed down to troll for stating this, but as someone who does web development I just don't see any truly compelling applications on the *nix side of the house. In my mind, this is FAR more critical for the future of *nix on the desktop then any office suite, Quicken or Outlook clone.

      The market right now doesn't need another platform for the "average" user. It desperately needs one for those who look to publish, create, and develop web content. So long as better apps for this are available for Microsoft's platform, none of the efforts going into the *nix desktop will effect market share one bit. Not even the justice department can make that happen.

      --
      The line must be drawn here. This far. No further.
    3. Re:Doubt it. by DavidJA · · Score: 0, Offtopic
      Linux dominates in the web development arena

      Yeah, VI rulez dude!

    4. Re:Doubt it. by reverius · · Score: 2, Interesting

      Whether your "typical user is concerned" or not... you've still got it wrong.

      It's not the operating system's job to be making copy and paste work! Or even to be rendering fonts. All of this stuff should be and is taken care of by other programs on linux.

      The fact that those things (what the users actually see) works on Windows has nothing to do with whether the operating system works.

      The win9x OS does not work. It's a complete failure as far as stability (BSOD anyone?) and speed (it's way too bloated). Anyone care to disagree?

      The Win(NT||2K) OS is way better, and I think it's as good as linux on almost every point. The only reason I use linux over win2k is the fact that I can infinitely customize it (whereas Windows always looks, feels, and acts like Windows), and because linux is Free software, so I feel better about not having to steal it. :)

      Please note that i'm not flaming, or trolling... just stating my opinion. Don't mod me down. ;)

    5. Re:Doubt it. by Anonymous Coward · · Score: 0

      Work for CNET, one the biggest web companies. Use "vi" on Linux. Use GIMP for images. Apache, mod_perl, Embperl.

    6. Re:Doubt it. by mimbleton · · Score: 1

      Dude, you don't have to tell me this stuff.
      I just posted what I heard from lay people who had a chance to try Linux.
      Go argue with them.

    7. Re:Doubt it. by cooldev · · Score: 1

      It's not the operating system's job to be making copy and paste work! Or even to be rendering fonts. All of this stuff should be and is taken care of by other programs on linux.

      Which is why Linux is so much better at allowing users to copy and paste of complex objects between applications, and why antialiasing and ClearType (should you want to use them) have been universally available in Linux for quite some time.

      Oh, wait a second, it's the other way around!

      The operating system is a platform, no more, no less. What you are calling the OS is really just the kernel. The entire purpose of the OS is to provide a common foundation upon which developers can build applications. Cut and paste and font rendering is built in to the OS because almost every program needs that functionality. An HTML rendering engine is built in because many developers want that capability. The list goes on and on.

      Don't get me wrong -- there is nothing wrong with these core pieces being pluggable, but that does not necessarily make them less part of the OS.

    8. Re:Doubt it. by commodoresloat · · Score: 2, Insightful
      Sadly I have to agree. I do web development in MacOS 9.x. I've tried to switch to linux (slackware 4 then 7 as well as various flavors of ppclinux) but can't find anything that will replace my preferred development environment - which is at this point an unholy combination of BBEdit, Interarchy, Photoshop, and pagemill 3 (I don't think the latter exists anymore from adobe but I run a really old version in order to edit tables in a wysiwyg environment). In linux the best suggestions I got to replace BBEdit were emacs and nedit. Nedit had cool syntax hilighting but was nowhere near bbedit in terms of html editing functionality. Emacs is awesome for those who have been using it for years - I have seen people fly with it. People claim that anything BBEdit can do, emacs can do better, and that emacs can be programmed to mimic BBEdit's features (or the features of any text editor). I especially love the idea of being able to use my text editor as a lynxish web browser in the middle of writing code -- hell of a lot better than constantly switching to mozilla and back. But I haven't been using it for years, I don't know dick about lisp, and while I was able to figure out how to do some nifty things with it, I couldn't reproduce the kind of functionality I had with bbedit for web developing. While I think in the long run emacs might be a stronger tool, the learning curve is prohibitive. I'm stuck waiting for OS X to be usable (it's too slow for me even on a titanium g4) if I want to do web development in a unix environment.

      By the way I was able to reproduce photoshop functionality much more using gimp when I tried developing under linux. But I suspect that is because I don't do a lot of graphics work and I don't use either tool to its full capability.

      I think web design is one area linux could seek to offer advantages, but not until it's able to offer designers advanced and relatively intuitive tools we will probably stick with whatever we're using. I don't see myself as the "average" user, but I'm neither a programmer nor a hacker and while I don't mind typing ./configure make once in a while, I have neither the time nor the inclination to learn new command and keystroke set (as well as a whole new way of explaining each) for every minor task I need to accomplish.

      Lisp programmers could probably develop a set of emacs extensions that make it as easy to use and friendly as bbedit as an html editor. Perhaps nedit could turn out as something like that. (perhaps it already has - I have not played with it for a few months). I am willing to bet that there are a fair number of HTML coders and web designers using proprietary bloatware who would much prefer for intellectual reasons to be using open source tools if they were available.

      By the way, I did not mean to imply that I consider BBEdit "proprietary bloatware" - quite the contrary. It's not free as in speech or beer but it is well worth the cost, and the support offered by its developers is amazing. In my opinion, they could open source the program and easily charge exactly what they charge now for support alone and not lose a penny (and probably gain many more paying customers). But I digress....

    9. Re:Doubt it. by Khazunga · · Score: 1
      Dreamweaver has no contender in Linux, unfortunately. Frontpage is easily beat by Mozilla's HTML editor, which although unknown to most, sports a great set of features.

      As for syntax highlighting, the obvious choice is (X)emacs, and it has much more than syntax highlighting.

      Photoshop is arguably better than GIMP, but GIMP beats ImageReady and Fireworks.

      As for FTP, linux has the upper hand, as you can mount FTP and webdav filesystems. They become seamlessly accessible, better than any FTP manager can achieve.

      The bottom line is: It is not for the tools that developers don't change to Linux. I publish web sites, and I do it on Linux. I feel I do it here better than on Windows.

      --
      If at first you don't succeed, skydiving is not for you
    10. Re:Doubt it. by Anonymous Coward · · Score: 0

      I seem to notice a trend in the fact that most of the Windows developers have becomne lazy. You spouted that you would like something easier to use, yet you're a developer? Well to this I say design it. If you always use a WYSIWYG editor, you aren't a designer, you're nothing better than the 'script kiddies' of the hacker world. Open up a text editor and do it your self. As far as highlighting, you can use Midnight Commander from the cmd line, emacs, or if you like to walk on the crazy side, use Vi (down you emacs dogs!!). In the GUI area, there is always Quanta, which is very nice. It's very close to Homesite. Which IS a rapid development tool. Using Dreamweaver or Front Page is a lot like coloring by number. You don't have to know much and you get the job done quickly. It also leave nasty code, extra code (which makes the file size bigger), and just really a pain in the ass. The code editor in DW4 just plain sucks. It is supposedly based on HS4, but it got lost somewhere along the line. In a nutshell, don't cry that Linux isn't user friendly or that it doesn't have any apps. ( X is not Linux anyways ). If you know how to actually write the code, it doesn't really matter what platform you're on, a simple (pico anyone?) text editor will do the trick.

    11. Re:Doubt it. by jpaulson · · Score: 1

      Try vi, or cat and ^D, or pico (or any GUI notepad like application). WYSIWYG Editors tend to make developers lazy, result in code they don't understand, and lean towards the bloated. Do yourself a favor and learn to code HTML not push buttons in dreamweaver (or pagemill, golive, etc)

      --
      -- Jason
    12. Re:Doubt it. by sehryan · · Score: 1

      thats bull. dreamweaver is just as robust as homesite. i agree with you that frontpage is poopy, but dw's code editor is just as nice as homesite's. maybe not out of the box, but macromedia has given you the option of adding things to make it that way. being pro-linux, i would have thought you would like this. dreamweaver allows you to add all kinds of customization, either by downloading some that are already premade or allowing you to make them yourself!

      TWO...i have never, EVER, understood this facination with webdev's thinking they are only hardcore if they code in pure html. DW code in WYSIWYG is clean. Cleaner than i can code by hand, because i am prone to make a mistake. even more important, if i can click a button, fill out some boxes, and have a perfectly formatted 4x4 table in probably 5 seconds, where it would take me much longer to type all of that out by hand, why not use it? especially because i know it is going to be perfect!

      when you are using php, asp, jsp, or cf, yes, you need something like homesite, although dreamweaver is right there with it. however, when you need to design, which is part of the development process, dreamweaver beats all.

      besides, it really doesn't matter too much soon, since macromedia now owns homesite, so you will see dreamweaver 5 with the code editor straight from homesite. so welcome to the family!

      --
      The world moves for love. It kneels before it in awe.
  31. Features by Mold · · Score: 2, Interesting

    Yes yes, MS did dirty deeds and need to be punished, but why do new features (and I'm not talking about the driver blocking sort) get them in trouble? I mean, look at Mac OS X. It has so many features I'm almost ready to convert! Why do normal features even come up as an issue?

    1. Re:Features by sconeu · · Score: 2

      Because MS has been ruled a monopoly. It's not illegal to have a monopoly, but once you have it, you need to obey more stringent rules.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    2. Re:Features by Anonymous Coward · · Score: 0

      "Yes yes, MS did dirty deeds and need to be punished, but why do new features (and I'm not talking about the driver blocking [slashdot.org] sort) get them in trouble?"

      The first part of your statement contains the answer to the second part. The new features' exclusivity were enforced by the dirty deeds.

    3. Re:Features by mimbleton · · Score: 1

      The overriding principle is to protect customers.
      If your "stringent rules" end up costing people more money then it is NOT a good solution.

    4. Re:Features by Kwil · · Score: 1

      Are you thinking short term or long term?

      Short term, the stringent rules will cost people more money, no argument.

      Long term, more competition gets going, more bright ideas come to the front, promising lines of research don't get quashed by the inferior but well-moneyed monopoly, consumers wind up getting better products for the same cost or cheaper than before, and get them sooner than they would if the monopoly was allowed unfettered freedoms.

      Seems like a good solution to me.

      --

      That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

  32. why was this labelled flamebait? by Anonymous Coward · · Score: 0

    it's a perfectly valid and very insightful comment. I can only guess that a proud liberal took offense to "some ragtag liberal states" and did a knee-jerk mod down instead of understanding this in the context of which it was intended... that the Bush administration views New York and California as "some ragtag liberal states". as such, they will fight to preserve their anti-clinton, anti-liberal, pro-business agenda and fight like hell not to come out looking like morons for caving to MS dollars.

    damn straight they will. and they're a bunch of asshole losers for doing it.

  33. good! by binaryfeed · · Score: 1

    It will be a lot harder for Microsoft if lawsuits arise in several states. Rather than having to fight one legal battle (by bribing DoJ or White House officials), they'll have to instead bribe the attornies general of the several states.

    No, I'm not being sarcastic.

  34. Being tired in multiple places? by UserChrisCanter4 · · Score: 5, Insightful

    Now, IANAL, but...

    I recall having seen a documentary (really, it was a documentary) on the evolution of the pornography business in the 70's and 80's. One of the laws that this documentary said saved the industry was the ruling that actors couldn't be tried in different states simultaneously for breaking decency laws. Essentially, the court ruled that doing so would make the ruling of the courts in the decency cases a moot point, since it would bankrupt the stars and studios being sued.

    I wonder if this ruling would apply to to MS. Obviously, they'd have no problem defending themselves simultaneously in all 50 states, but I think it might set a dangerous precedent if every single state is allowed to impose different "sanctions" on a company.

    Everyone knows about "California Emissions" vehicles, but can you imagine what would happen if every single state had a different emissions standard for vehicles sold in their state? Now picture that with a software vendor. MS can't bundle explorer in Texas, Michigan, New York, and Florida. They can't allow VB scripting by default in Wyoming, Delaware, or Oregon. Washington would, of course, make no sanctions ;-). But can you imagine the implications a separate vendor (like, say, Adobe) would have if they had to concern themselves with 30 or 50 different versions of their software based on the different "sanctions" adopted by each state?

    I'm certainly not saying that I condone MS' practice, or that the world is better off with their dominance. I just think that it opens the floodgates for problems when individual states can make different claims.

    Hopefully the Europeans will have some sense and pull a GE/Honeywell on MS.

    1. Re:Being tired in multiple places? by NoMoreNicksLeft · · Score: 1

      This wouldn't even be an issue, if Bush hadn't sold us out. You may have a point, but what other remedies are there? If the states baack off because of such considerations, or if the courts claim that it's unfair to M$, then the last defense has been breached. We lose.

      Of course, there is the possibility, that to win, we have to practice scorched earth tactics, as you have pointed out.

    2. Re:Being tired in multiple places? by sconeu · · Score: 4, Informative

      It's not an issue. MS is being sued in a single Federal court case by the DOJ AND several States. The multiple jurisdiction rule does not apply. As parties to the suit, the various States do have a say in what any settlement is.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    3. Re:Being tired in multiple places? by (H)elix1 · · Score: 1

      Now picture that with a software vendor.
      Or more probable, my marketing department

      Man, you just gave me flashbacks to some of the things our business groups were asking for - all the makings of a good Python sketch.... just add the words "Use case".

    4. Re:Being tired in multiple places? by mimbleton · · Score: 1

      We lose ?
      Are you at war with someone, cause I am not.

    5. Re:Being tired in multiple places? by FattMattP · · Score: 2
      But can you imagine the implications a separate vendor (like, say, Adobe) would have if they had to concern themselves with 30 or 50 different versions of their software based on the different "sanctions" adopted by each state?
      Maybe they'd create a set of standards. Maybe call it the Windows Standards Base (WSB). ;-)
      --
      Prevent email address forgery. Publish SPF records for y
    6. Re:Being tired in multiple places? by NoMoreNicksLeft · · Score: 1

      Yes we lose. Doesn't matter whether I'm at war or not... Microsoft is. And whether we're the enemy, or just the spoils that they hope to loot, is also irrelevant. You don't have to be at war, pacifists can lose to, you know.

    7. Re:Being tired in multiple places? by mimbleton · · Score: 1

      I am not a pacifist.
      I just carefully pick my fights.
      A big difference if you ask me.

      Why should I fight against something I don't perceive any threat from ?
      I do think that overblown government breaking companies and dealing new rules left and right is a big danger but that seems to be of no concern for majority of /. readers.
      They just want MS.

    8. Re:Being tired in multiple places? by Malcontent · · Score: 2

      In this case you don't even get to pick the fight. MS wins you lose. You fighting with MS is like a grasshopper fighting with the cat that's about to eat it.

      Wether or not you perceive the threat is of no consequence. MS continues it's monopoly and continues to abuse that monopoly to surpress innovation and to punish innovative companies.

      In any system there are winners and losers. Even the most oppressive dictatorship or the most corrupt govt has a handful of citizens who benefit greatly while the masses suffer. It may very well be that you are one of those people who benefit from an MS monopoly but the govt should be there to look out for the population as a whole.

      "I do think that overblown government breaking companies and dealing new rules left and right is a big danger but that seems to be of no concern for majority of /. readers. "

      I can't speak for all the /. readers but for me I would advocate that criminals (those that break laws) go to jail. In this case Bill Gates and his mafia ought to serve jail time for not only breaking the antitrust laws but also for jury tampering, evidence tampering, and perjury. We held an impeachment trial for a sitting president because he lied under oath (supposedly) but Bill Gates is immune. Why is he above the law?

      --

      War is necrophilia.

    9. Re:Being tired in multiple places? by Malcontent · · Score: 2

      "I just think that it opens the floodgates for problems when individual states can make different claims. "

      What country do you live in? Do you live in the United States? If so you must be aware of what happened with the tobbacco industry. Like it or not we have state laws and the states can and do impose thier own regulations on just about everything. Why should MS be exempty when R.J Reynolds was not?

      --

      War is necrophilia.

    10. Re:Being tired in multiple places? by Keeper · · Score: 2

      Not every state has different emissions standards, but several states have varying emissions standards.

      What ends up happening is that the automaker just builds cars that complies to the toughest ones and sells those cars with the same emissions hardware across the rest of the country.

      My new car has two precats on it in addition to the main cat in order to meet california emissions standards. My '84 ranger that emitts blue smoke out the tailpipe passes emissions where I live. Slight contrast. ;)

    11. Re:Being tired in multiple places? by osolemirnix · · Score: 2, Interesting

      But can you imagine the implications a separate vendor (like, say, Adobe) would have if they had to concern themselves with 30 or 50 different versions of their software based on the different "sanctions" adopted by each state?

      You mention Europe, yet your view is so US-centric. Software vendors like Adobe that sell all over the world already have to deal with that. There are countries that do not allow shrink-wrap licenses for example, or countries that do not allow "licensing" of software at all. E.g. you buy it, you own it, you have many rights that cannot be taken from you by the software vendor.

      Now if it wasn't for the fact that software in other countries is often translated to other languages, you could actually re-import and use the same stuff with a more relaxed license (and possibly cheaper?).

      Maybe it's time to learn a little spanish or german, eh? ;-)

      --

      Idempotent operation: Like MS software, wether you run it once or often, that doesn't make it any better.
  35. Re:Speaking of Anti-Microsoft Rhetoric you Asslick by norculf · · Score: 1

    Pretty weak considering that you didn't even have to type an URL to get that.

    Interesting that Microsoft has the grapes to link to The Register though.

  36. EU Action Against Microsoft? by idonotexist · · Score: 4, Interesting

    What is the status of the European Union's inquiry into antitrust or other concerns regarding Microsoft and its products?

    A ruling by the EU against Microsoft could be significant, and affect Microsoft's products within the US. For instance, while the US did not oppose the merger, the EU ruled against the merger between GE and Honeywell. And, as a result, GE and Honeywell did not merge.

    --
    "There ought to be limits to freedom"
    1. Re:EU Action Against Microsoft? by Anonymous Coward · · Score: 0

      Europeans don't have enough guts to do that.
      Additionally, they have nothing, absolutely nothing to fall back on.

    2. Re:EU Action Against Microsoft? by bero-rh · · Score: 2

      It's still in its early stages, actually they're still building up the case.
      They're accepting input on the M$ case, by the way.

      The address for the EU competition office is (obfuscated - sending them spam won't do us any good)

      Infocomp [at] [put "cec" here] dot eu dot int

      Or, if you prefer snailmail

      Linda Jones
      Information officer, DG Competition
      European Commission
      200 Rue de la Loi; J-70 0/123
      1049 Bruxelles
      Belgium

      The worst thing the EU can order, though, is a financial penalty, AFAIK.

      --
      This message is provided under the terms outlined at http://www.bero.org/terms.html
  37. XP is great product by Anonymous Coward · · Score: 0

    According to Bill Gates this is revolutionary OS. The best ever so far.
    Thanks to him after finishing High School and getting my A+ I have job as a software installer for local community church. He also contributed 1200$ to our organization 3 years ago.
    Only man with honor and big heart like him can rescue our economy. Let's leave him alone and pray.

  38. But what happens if they loose by tenman · · Score: 1

    The problem with this type of case is it opens too many doors if it's not successful. Not unlike the double jeopardy laws that we in the US enjoy, once a suit like this fails, there is VERY little chance of anybody ever bringing a successful suit of those grounds ever again. My thought is that they should wait and let a company with more experience go for it. My guess is that they are just trying to get paid.

  39. Agreed by Anonymous Coward · · Score: 0

    I work at a Help Desk, and I would rather die than help the average user who cannot understand the difference between the right and left mouse button to use Linux on the desktop. Good God! I don't think you people realize just how little the average person knows about computers. This isn't a rip on them, per se, just pointing out the truth.

    Man, I can see it now...

    Support: "How can I help you?"
    User: "Umm, yeah, I just downloaded this program, but I don't know what to do with it."
    Support: "What format is it in? Is it a tar, gzip, or zip?"
    User: "What?"
    Support: "What does the file end with?"
    User: ".tar.gz"
    Support: "Oh, you'll need to extract it and then compile the source."
    User: "How do I do that?"

    ...about an hour later, after attempting to help the user through various dependency problems, the user gives up and the tech support person is lying on the ground with a self-inflicted gun shot to the head.

    1. Re:Agreed by sconeu · · Score: 3

      Support: "How can I help you?"
      User: "Umm, yeah, I just downloaded this program, but I don't know what to do with it."


      Support: "And why are you putting this on your company PC? Do you have root access for this machine? That's like Administrator access, in case you weren't sure."

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    2. Re:Agreed by Anonymous Coward · · Score: 0

      "...about an hour later, after attempting to help the user through various dependency problems, the user gives up and the tech support person is lying on the ground with a self-inflicted gun shot to the head."

      I guess they weren't using a Debian-based distribution ;-).

      And I agree, downloading s/w onto a company PC *should* be under the approval of the IT group so they know what's there and what the effects on the 'standard' install might be. Random downloads/installs are Not the drill. These guys don't have the root password, so they can only do stuff in their own dir, anyway, right?..

    3. Re:Agreed by Anonymous Coward · · Score: 0

      Support: "You're fired. Security will escort you out."

      Corporate policy usually dictates that office-cubicle salaryman uses the computer and the corportation already has all the software on it. Manipulating the installed software without authorization and installing unathorized software is grounds for immediate dismissal.

    4. Re:Agreed by Squeeze+Truck · · Score: 2

      That sounds like a network administrators wet dream! That and the fact that I could administer the workstations remotely via telnet.

      Ahhh... no more users installing stupid screensavers that crash their PC...

      Eventually I think they'd give up and stop trying to download and install things.

      --

      "Reactionaries must be deprived of the right to voice their opinions; only the people have that right." - Mao

  40. The one thing that annoys me on the MS stuff... by Masem · · Score: 3, Insightful
    I wouldn't have thought that MS would be broken up in millions of years. It makes good sense for speeding up the trial in terms of determining penalties (Remember, they *are* guilty of abusing their monopoly position).

    What annoys me, and probably our friends in NY and CA, and is being heavily downplayed by the press, is that the DOJ is also dropping persuing the tying of IE into WinXX. IMO, this is the most important information here, and it drastically would affect XP as well given that an IM and media player is also built into the system. While I know the appeals court said that the case as given wasn't strong enough for this particular charge to carry through, it certainly didn't say that it wasn't false either. Fortunately, it looks like NY and CA see it this was as well, as well as the EU commission.

    --
    "Pinky, you've left the lens cap of your mind on again." - P&TB
    "I can see my house from here!" - ST:
  41. In other News... by Robber+Baron · · Score: 3, Funny

    California and New York appear to be responding to a surprising turnabout by the Justice Department, which last week said it would not seek a breakup of Microsoft or retry the claim that the software giant illegally tied together Internet Explorer and Windows 95 and 98...

    In other news, federal and state prosecutors have decided to suepend antitrust proceedings against auto manufacturer Ford, Ford has been accused of violating antitrust laws by bundling engines, seats, and wheels with their automobiles. The DOJ originally sought to force the auto manufacturer to sell a stripped-down model minus these key items to allow competitors the opportunity to sell their products to Ford consumers...

    --

    You're using her as bait, Master!

    1. Re:In other News... by Anonymous Coward · · Score: 0
      In other news, federal and state prosecutors have decided to suepend antitrust proceedings against auto manufacturer Ford, Ford has been accused of violating antitrust laws by bundling engines, seats, and wheels with their automobiles. The DOJ originally sought to force the auto manufacturer to sell a stripped-down model minus these key items to allow competitors the opportunity to sell their products to Ford consumers...

      You know, that might've been moderately funny and relevant if Ford actually had a monopoly... but they don't, so it's just stupid.

    2. Re:In other News... by Anonymous Coward · · Score: 0

      They got a monopoly on manufacturing Fords :-P

    3. Re:In other News... by Enry · · Score: 5, Insightful

      If I don't like Ford, I can buy a Chevy, or GM. Even the models within each line varies based on my requirements. The tools and parts are relatively standard and easily allow aftermarket/consumer changes.

      Microsoft allows none of this. When you get a MS OS, there are no standard tools for changing the way Windows works. Your choice of OS is whatever MS decides to dictate today. Right now it's ME and 2000. In two months it'll be ME and XP. There are no other choices.

      A better analogy for your car would be this:

      Ford is the only car manufacturer. If you want to repair your car, you can only do so at the dealer. If you want to fix it yourself, you have to buy the tools and parts from the dealer. Want a radio? If you buy one from Circuit City, every time you start your engine, your radio has a chance of blowing up. If it doesn't blow up, you'll get a prerecorded message from your car saying the radio is not authorized and may cause damage to your car. I'll leave the fuel type, gas mileage, and safety factors to your imagination.

      Ford has no monopoly on cars. If they did, we'd be complaining. We're not. There is actual choice in the automotive industry. Want to buy a Dell without paying for MS? Try it. You can't. Want to follow the terms of the Microsoft EULA and try to get your money back? Good luck. Sure you can build your own PC. You can also build your own car.

    4. Re:In other News... by Reid · · Score: 1

      I agree with the other guy, that post was dopey. Why does someone always come out with the inappropriate car analogies? Jeez, enough already.... At least we weren't treated to "I can't buy a Ford with a Honda engine".

    5. Re:In other News... by Robber+Baron · · Score: 2

      Microsoft allows none of this. When you get a MS OS, there are no standard tools for changing the way Windows works. Your choice of OS is whatever MS decides to dictate today. Right now it's ME and 2000. In two months it'll be ME and XP. There are no other choices.

      So what? When you buy a Ford, you get a Ford engine. Don't like Ford engines? Don't buy Ford. Don't like MS tools (or lack thereof)? Don't buy MS. Besides, it's their O/S...they can do whatever the hell they want with it.

      Want to buy a Dell without paying for MS? Try it. You can't.

      Then I don't buy Dell...
      I do however buy O/S-free PC's from other reputable vendors, both for myself and for other clients. There are more vendors than Dell, just like there are more desktop O/S's than Windows, just like there are more ISP's than AOL...

      There is actual choice in the computer industry as well. It's not Microsoft's fault people don't exercise their right to choose (or they do and their choice is Microsoft)...

      --

      You're using her as bait, Master!

    6. Re:In other News... by mimbleton · · Score: 1

      "There are no other choices. "

      Are you sure ?
      I have seen entire stores dedicated to Mac machines.
      I have seen shelves with Linux OS, BeOS and FreeBSD on them.
      People don't want that stuff. They want Microsoft.

    7. Re:In other News... by Waffle+Iron · · Score: 3, Funny
      Why does someone always come out with the inappropriate car analogies?

      Cars are obviously different from software. Why, if Ford were to make a vehicle that was as prone to crashing as Windows, then people would be lining up in droves to sue their asses and their executives would be hauled before congressional committ...

      umm, wait a minute...

    8. Re:In other News... by Minupla · · Score: 2

      Remember, what MS is guilty of is not *having* a monopoly, which is not illegal in the states. They are guilty of using power gained from their monopoly to entend and maintain that monopoly.

      The fact that you can buy a car from someone other then Ford, and Ford doesn't say to petrolum manufactures, "If you want your gas to work in Ford cars, it'd better not work in Cevy cars!". This is what MS is guilty of (as decided by a judge.)

      --
      On the whole, I find that I prefer Slashdot posts to twitter ones because I don't get limited to 140 chars before
    9. Re:In other News... by sg3000 · · Score: 2

      How exactly did this get modded as funny? I'm starting to wonder if the standards for moderation are getting too loose.

      I was not aware that the government ruled that Ford had a monopoly. Nor was it decided that they illegally abused a monopoly. Microsoft was, and that makes a world of difference. Kind of like the difference between a not-guilty person and someone convicted of first degree murder.

      Don't like the fact that Microsoft was ruled to have illegally abused their monopoly? Tough. Go complain to Judge Jackson that ruled it and the appeals court that upheld it.

      --
      Insert simplistic political, ideological, or personal proselytization here.
    10. Re:In other News... by Anonymous Coward · · Score: 0
      Besides, it's their O/S...they can do whatever the hell they want with it.

      No, retard... they're a monopoly, and hence, they play by different rules.

  42. Am I the only one? by Wog · · Score: 1

    Does it frighten anyone else that the government is getting it's hands into the workings of big business?

    So some in our government think that they should decide what is and isn't included in the new release of this operating system. What next?

    1. Re:Am I the only one? by Ghoser777 · · Score: 1

      >>Does it frighten anyone else that the government is getting it's hands into the workings of big business?

      Nah, I'll probably just move to Canada at some point, or maybe one of those undiscovered islands around the equator so I can make a "suprise" apearance on Surviver XXI.

      >>So some in our government think that they should decide what is and isn't included in the new release of this operating system. What next?

      Hopefully competition.

      F-bacher

      --
      James Tiberius Kirk: "Spock, the women on your planet are logical. No other planet in the galaxy can make that claim."
    2. Re:Am I the only one? by Anonymous Coward · · Score: 0

      So, you're upset about the supression of the Standard Oil monopoly's practices, and the breakup of the Bell monopoly - both of which were abusive?..

    3. Re:Am I the only one? by iamklerck · · Score: 1

      Oh, it scares me; itt scares me a lot. The same big government that's harassing Microsoft is the same big government that's going to start harassing PC makers and eventually PC users. People don't seem to understand that with government, you can't have just a little control over things. Give an inch, they'll take a mile. If you let government take control, you put yourself on a very slippery slope, and it's a LONG way down.

  43. This is the time ... by Anonymous Coward · · Score: 0

    This is the time for Apple and Sun to strike back. Screw the DOJ case, they just caved in thanks to Bill's donations. We all knew that would happen, didn't we? What I mean is now that HP-Compaq owns like 70% of PC markets, it's time for Apple to make a deal. Port Mac OS X to Intel and give it away free for 5 years. It can be bundled with Star Office made totally, utterly compatible with OfficeXP. Since Microsoft is trying to take over the world with XP this is the right thing to do, anyway. HP-Compaq won't have to pay to ship their machines. So what if Microsoft stops porting Office to Mac OS X; people most likely will use what comes pre-installed, anyway. HP-Compaq can even ship Windows on CD, but only on CD so that they will not lose market share. Crush them when they are down! Just kick them in the nuts.

    1. Re:This is the time ... by mimbleton · · Score: 1

      "it's time for Apple to make a deal. Port Mac OS X to Intel and give it away free for 5 years."

      Great way to completely kill Apple.

    2. Re:This is the time ... by Ghoser777 · · Score: 1

      >>HP-Compaq owns like 70% of PC markets

      Uhmmm... no.

      >>Apple to make a deal. Port Mac OS X to Intel and give it away free for 5 years

      Is apple switching to intel in this equation? Or are you just hoping apple will do this so it will die out? Do you have any idea how hard that would be? They'd lose the Classic compatibility layer they worked on forever, plus every standard program (aka one's that cost money) would have to be recompiled. So what would OS X on intel run? Unix freebies (not that they aren't good) and recompiled cocoa apps (not a whole lot of those yet).

      F-bacher

      --
      James Tiberius Kirk: "Spock, the women on your planet are logical. No other planet in the galaxy can make that claim."
  44. So when is... by fault0 · · Score: 1

    Intel going to countersue and continue the vicious cycle?

  45. I've got a punishment by mickeyreznor · · Score: 4, Interesting

    Pay royalties to spyglass for every single copy of windows 98 sold(and possibly 2000). There was one clear fact made by this whole damn trial: IE was essentially *part* of the O.S., which microsoft insisted. Now, the agreement between MS and Spyglass was that spyglass would get royalties for every copy of IE they sold, something that MS thought they would get away with if they went ahead and gave it away for free. Of course, since they have now insisted that IE is a *piece* of the Operating System, Spyglass *is* entitled to a *piece* of the earnings from Win98 as well. Of course, if spyglass is dead, this point is moot. Does anyone know how spyglass is doing?

    1. Re:I've got a punishment by Anonymous Coward · · Score: 0

      If Spyglass is dead, I say just give the money to the University of Illinois!

    2. Re:I've got a punishment by Anonymous Coward · · Score: 0

      But Spyglass seems to still be around. Oh well, boo-hoo.

    3. Re:I've got a punishment by Anonymous Coward · · Score: 0

      Didn't Microsoft just give Spyglass a one off amount?

      And they rewrote IE after version 2..

    4. Re:I've got a punishment by Anonymous Coward · · Score: 0

      The Help About... for IE6 includes the following acknowledgements....

      Based on NCSA Mosaic. NCSA Mosaic(TM); was developed at the National Center for Supercomputing Applications at the University of Illinois at Urbana-Champaign.
      Distributed under a licensing agreement with Spyglass, Inc.
      Contains security software licensed from RSA Data Security Inc.
      Portions of this software are based in part on the work of the Independent JPEG Group.
      Multimedia software components, including Indeo(R); video, Indeo(R) audio, and Web Design Effects are provided by Intel Corp.
      Unix version contains software licensed from Mainsoft Corporation. Copyright (c) 1998-1999 Mainsoft Corporation. All rights reserved. Mainsoft is a trademark of Mainsoft Corporation.
      Warning: This computer program is protected by copyright law and international treaties. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.

  46. you have no idea what you are talking about by Anonymous Coward · · Score: 1, Informative

    I would flame you really hard but you admitted that you are clueless so I'll restrain myself. First, the stock market is NOT a zero-sum game like you seem to imply. If VA Linux sold yesterday for $2 per share and today no one in the world wants to sell for $2 per share then the stock price will move up. No one has "lost" anything, except of course the short sellers and there are never enough short sellers to exceed the people actually long the stock because someone has to be long before you can sell. Options and futures are a whole different story, those ARE a zero sum game. Someone "won" a dollar for every dollar you "lost".

    Also, breaking up Microsoft would destroy wealth, not create it. One obvious loss is that the three "baby Bills" would have to hire redundant workers. Microsoft had only one CFO but now they would have to have three. The end result is wasted money on wages with net increase in GNP, a loss for everyone.

    And you seem to think that people can magically pull their money out of Microsoft. If a billion shares hit the sell at once think what would happen to the share price?? Also, Microsoft is only worth $308 billion BECAUSE it is a business. If you look at their SEC filings you'll see they only have about $30 billion in assets. The rest is mark up on future expected business. So destruction of the company would destroy $270 billion in wealth.

    I could go on and on but I'm sure you have a better understanding now.

    1. Re:you have no idea what you are talking about by FFFish · · Score: 0, Flamebait

      No, please, do go on and on.

      F'rinstance, destroy what $270b in wealth? Until one cashes out, it isn't wealth: it's hypothesis.

      And I'd like to hear you expound on how MS has paid employees with stock. They've been diluting their own stock, to a ridiculous extent. That scam has worked really well, as long as everyone was duped into driving the price up, and no one cashed out bigtime.

      I'm curious how breaking up MS would be a net loss in wealth. Seems to me that there'd be greater competition in the marketplace, allowing other companies to gain a foothold and expand. We'd have more products to choose from. There'd be more people working. All of which sounds to me like a net increase in wealth. Except for Bill. He might experience a decrease. And wouldn't that just suck.

      So, do go on. Teach us.

      --

      --
      Don't like it? Respond with words, not karma.
    2. Re:you have no idea what you are talking about by Anonymous Coward · · Score: 0
      The rest is mark up on future expected business. So destruction of the company would destroy $270 billion in wealth.

      Looking at the big picture, I have to disagree. There are two possibilities, depending on who you believe:

      • Case 1 - Proprietary software rules. People still need to buy software, so new companies pop up to fill the need. $270B is simply redistributed. Since most of the market cap ends up in Baby Bills anyway, current stockholders aren't really affected that much.
      • Case 2 - Free software wins (at least for mass-market commodities like OSes). In this case, people don't send their hard-earned dollars to any OS vendor for "IP". They spend some of it on support and distribution, and keep the rest for their kids, businesses, etc. It's like a tax cut. MS would be missed in the economy as much as vacuum tube manufacturers are today.
      Either way, no big deal.
    3. Re:you have no idea what you are talking about by Malcontent · · Score: 2

      The combined market cap of all the bably bells ended up being much higher then what AT&T could have achieved. This is because each had a mini monopoly. Breaking up MS would have had the same result. Each baby bill would have a monopoly which it would use to squash innovation. Each baby bill would then grow unfettered into a bigger company. Of course I am presuming that each baby bill would be run by the same immoral and unethical people but that seems like a likely scenario.

      --

      War is necrophilia.

    4. Re:you have no idea what you are talking about by csbruce · · Score: 2

      Also, breaking up Microsoft would destroy wealth, not create it. One obvious loss is that the three "baby Bills" would have to hire redundant workers. Microsoft had only one CFO but now they would have to have three. The end result is wasted money on wages with net increase in GNP, a loss for everyone.

      That sounds a little short-sighted. Competition is very good for a free market. If innovation (in the dictionary sense) was actually allowed in consumer operating systems and office-productivity tools, more companies with new and better products would come along, with more cash circulating to more people.

    5. Re:you have no idea what you are talking about by csbruce · · Score: 2

      Proprietary software rules. People still need to buy software, so new companies pop up to fill the need. $270B is simply redistributed. Since most of the market cap ends up in Baby Bills anyway, current stockholders aren't really affected that much.

      A breakup would also free the baby Bills to pursue opportunities that they were disallowed from pursuing before because it might upset a monopoly position of another division.

    6. Re:you have no idea what you are talking about by mpe · · Score: 2

      F'rinstance, destroy what $270b in wealth? Until one cashes out, it isn't wealth: it's hypothesis.

      In practice it's probably impossible to "cash" it out anyway. Since as soon as you attempt to sell any sizable amount of the stock it's value drops through the floor.

      And I'd like to hear you expound on how MS has paid employees with stock. They've been diluting their own stock, to a ridiculous extent. That scam has worked really well, as long as everyone was duped into driving the price up, and no one cashed out bigtime.

      But how long can this kind of creative accounting continue?

  47. Re:Speaking of Anti-Microsoft Rhetoric you Asslick by norculf · · Score: 1

    Ugh...That almost sapped me of the will to reply. I think it is time for bed kiddo. You are not in top form right now.

  48. You're suprised? by Robber+Baron · · Score: 2

    Does it frighten anyone else that the government is getting it's hands into the workings of big business?

    You're suprised? That's precisely what "big government" does! Sticks it's hands into everything it can (and usually manages to screw everything up in the process)! After all, it also wants to get it's hands into your computer!

    --

    You're using her as bait, Master!

    1. Re:You're suprised? by Anonymous Coward · · Score: 0

      Uhh...It works the other way around too, buddy. All these politicians in the govt are owned by corporations. You too can own a peice of the government for the low low price of a campaign or party donation!

  49. Re:BILL GATES = HOWARD ROARK by bloggins02 · · Score: 0, Offtopic

    Comparing Bill Gates to an Ann Raynd character? At least Howard Roark didn't pretend to be something he wasn't; and at least HE laughed... :)

  50. No way... by dispensa · · Score: 2, Insightful

    I'm all for letting the punishment fit the crime, but this is not the solution. That's reminiscent of the government telling us that all operating systems have to support digital copy protection mechanisms. I'm not thrilled by the microsoft's behavior, but I don't think it's logically consistent to have the government tell MS what to do with its API when it suits me and bitch about the very same thing when it doesn't...

    Plus, do you really want the government handing down technology decisions like this? Just look at some of the other idiotic technology-related government mandates... DMCA, anybody? Awarding a patent for one-click shopping? etc etc....

    Oh yeah, go donate to the EFF...

    -sd

    1. Re:No way... by Malcontent · · Score: 2

      "Plus, do you really want the government handing down technology decisions like this?"

      Why not? Doesn't the govt regulate Airplanes, automobiles, telvisions, cigarette lighters, wood products, baby stollers, steaks, vegetables and just about every other product made in the US. Why should the software industry be the only industry to escape from govt standards and regulations?

      --

      War is necrophilia.

    2. Re:No way... by Kwil · · Score: 1

      One difference here is that in the one instance it's the government telling a recognized monopoly what to do so as to allow competitiveness.

      In the other, it's the government telling the whole INDUSTRY what to do, thereby limiting competitiveness.

      --

      That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

    3. Re:No way... by Anonymous Coward · · Score: 0

      Why should the software industry be the only industry to escape from govt standards and regulations?

      You left out energy companies. They don't need regulation because energy is becoming so scarce my monitor dims as I write this. How do I know? They said so.

    4. Re:No way... by Anonymous Coward · · Score: 0

      If you drop the requirement for backwards compatibility and keep the requirement for publishing the APIs and protocols, I don't see government making any technology decisions.

  51. You're kidding, right? by dimator · · Score: 3, Insightful

    Microsoft has done an outstanding job of image projection. When "Joe Sixpack" thinks of, say, automobiles, he knows he has a choice: Honda, Chevrolet, Ford, Nissan, etc. When he thinks of computers, does he know anything except "Windows"? (Maybe "Apple", but that's all.)

    Secondly, if there was only one car maker, people would, as you say, get tired of mediocrity and look for alternatives, because they'd have a definite gauge: the tires keep blowing out, the brakes always squeek, etc. But people don't have the same gauges with PC's. Locked up? I did something wrong. Too slow? Time to buy a new PC. I doubt anyone ever blames the OS at all (if they even know what an OS is.) No gauge=no demand for change. Scary...

    --
    python -c "x='python -c %sx=%s; print x%%(chr(34),repr(x),chr(34))%s'; print x%(chr(34),repr(x),chr(34))"
    1. Re:You're kidding, right? by nomadic · · Score: 3, Insightful


      Secondly, if there was only one car maker, people would, as you say, get tired of mediocrity and look for alternatives, because they'd have a definite gauge: the tires keep blowing out, the brakes always squeek, etc. But people don't have the same gauges with PC's. Locked up? I did something wrong. Too slow? Time to buy a new PC. I doubt anyone ever blames the OS at all (if they even know what an OS is.) No gauge=no demand for change. Scary...

      Actually, if there was only one car maker people wouldn't have any alternatives. Tires blow out? Brakes lock? Well, that's just what cars do. Nothing else to compare them to.

  52. Sanctions? by Anonymous Coward · · Score: 1, Insightful

    The problem is that MS has been subject to sanctions before -- weak, ineffectual sanctions. I think the question is really given their past history are any sanctions an effective agent for change? Judge Jackson dealt with MS in prior cases, and he realized the answer to that question was NO! That is why he decided for a breakup. This is what is going to happen: (1) Sanctions imposed such as no MSN icon on the desktop. (2) MS changes the name of MSN or buys 90% of Earthlink and then puts a different icon on the desktop. (3) Two years from now MS is taken back to court for violating sanctions with their new icon, starting the whole vicious cycle over again. How is it even possible for sanctions to be effective? They absolutely did not work for Windows 95! The DOJ just totally caved.

  53. A possible Remedy by smartin · · Score: 1
    Since a breakup looks like it is out, what would the next best thing be? My feeling is that the government should address the problem by forcing Microsoft to open all of their IP in areas that they are currently using to lock out competition. This includes at least the following:
    • File formats
    • Protocols
    • RPC's (eg. Outlook to Exchange)
    • API's

    The government should make M$ publish this information so that other vendors can write interoperable software that works with (and instead of) the Windows platform.
    --
    The difference between Canada and the USA is that in Canada healthcare is a right and gun ownership is a privilege.
    1. Re:A possible Remedy by mimbleton · · Score: 1

      That is fucking great.
      Force Microsoft to give up their IP so its competitors can create products to replace Windows.

    2. Re:A possible Remedy by Legion303 · · Score: 1
      That is fucking great. Force Microsoft to give up their IP so its competitors can create products to replace Windows.

      I fail to see a problem with this. If Windows really is the more innovative choice, consumers will vote with their pocketbooks, as it should be.

      -Legion

    3. Re:A possible Remedy by Anonymous Coward · · Score: 0

      This must be a good idea if it pisses off Bill's minions.

  54. lesson one by Anonymous Coward · · Score: 0

    Lesson one: Stocks move on news.

    Months ago when Bush was elected everyone(except you slashbots) knew that there was a very good chance that Microsoft wouldn't be broken up. So they bought shares with this in mind, hoping to flip their shares on the "news" for a big profit. Well the big day comes along and HURRAY, Microsoft will stay one. And some people bought early and Microsoft was trading up a couple bucks. Then all the early buyers mentioned above stepped in and dumped, erasing the gains. Microsoft DID move up on the "news", but the "news" happened months ago.

    And if you really think that it was bad "news" that Microsoft won't be broken up then you are some kind of newb. If the supreme court had come out that day and said "Microsoft must DIE" then it would be trading down 30% in a second.

    Please mod the parent down, he has no idea of market dynamics and he obviously has no experience in the real market where "sell the news" happenes everyday, even on good "news".

    1. Re:lesson one by (H)elix1 · · Score: 1

      Actually, I've won a few and lost a few... I dumped a chunk of MSFT because it rebounded faster than I thought it would from the end of last year. World according to me, it will be another year or so before it starts to grow again. But heck, I also thought Yahoo would never be worth more than $50 a share when I picked it up ~30. I won't even start with SUNW & ORCL(wimper).

      I think it is bad news for MSFT. The DoJ is looking to do some damage, and is willing to fastrack and go for what some consider a lesser path rather than the years of court battles they would face to get a break-up enacted. Personally, I don't think MSFT/OS and MSFT/OFFICE would be any less troublesome, though the news would find it easier to fit into sound bites... When they did anounce MSFT was guilty, they took small hit. Some adjustments came afterwards, including the appeals.

      I sold several months ago, based largly on the fact that I did not expect it to hit the 70's so fast and I doubted it would continue to grow into the 80+ anytime soon. Trade on today's news... please...

      Anyhow, MSFT is not out of the woods yet. I don't see companies moving to OffXP by October, so lord knows what is going to happen when they try to slam them with full price (or an enterprise agreement) because they did not move off Off97-2K fast enough. The rental thing looks to have failed (short term). Way to many companies are still running WinNT rather than 2K, and I have yet to bump into one who planned to move this year - few who _might_ move next year. .NET seems to be little other than marketing fluff (though folks are using MS SOAP a bit more than I expected). Server side, they are having a hard time shaking the "low end" server mindset, though they are making progress based on just getting their foot in the door. Wish I saw more Linux wins this way...

      So AC, what do you think MSFT stock will do in the next year? Why? Forget the evil empire jokes... TODAY, and looking out over the next 12 months or so where do you think the stock will be? I say slow enough growth that I should have that cash working somewhere else...

    2. Re:lesson one by Anonymous Coward · · Score: 0

      I'm the poster of the parent. Where do I see MSFT in a year?? Probably not much higher, but not much lower either. They are one of the few companies out there that have real earnings and real assets and a real business. No recession is going to put these guys out of business so they are probably worth the 30x earnings multiple. Almost every other company on the Nasdaq is damn speculative, you could lose 50% overnight on 90 of the Nasdaq 100. If you are looking for a home run then put your money in some high risk pipedream like RMBS or COMS or JDSU or a million others. If you want solid returns I think MSFT and IBM look aight.

  55. Mod this up to 5 you moron by Anonymous Coward · · Score: 0

    What are you still waiting for?

  56. BIG SPENDERS by Anonymous Coward · · Score: 4, Interesting

    "Microsoft, before their anti-trust case, had almost no presence in Washington," Arizona Sen. John McCain told The Chronicle editorial board earlier this year. "Now, I almost don't know a lobbyist who's not on their payroll."

    During the last election campaign, Microsoft employees gave more than $50, 000 to the Bush campaign, while the company and its workers gave $500,000 in unlimited, soft money donations to the Republican National Committee for use in Bush's battle against Democrat Al Gore. Gore did not receive any money from Microsoft, according to election commission records.

    According to data supplied by the Center for Responsive Politics, Microsoft employees also donated $22,500 to Bush's recount effort, and a Microsoft executive gave $100,000 to the Bush-Cheney Inauguration Committee.

    Quoted from the SF Chronicle

  57. Alternate punishments by Alien54 · · Score: 2
    I still like my alternate idea, which is to deny Microsoft the benefit of their illegal actions.

    How would this be done?

    First have all OS related software rollouts under the supervision and approval by a special committee of supervisors, at least three from named each suing state, and three from the federal government. A nice unwieldy body to slow things down.

    Second, prohibit them from rolling out any new versions or revsions or updates to any OS or Platfrom for a significant period of time, proportional to, and at least as long as the length of time that they have had their illegal advantadge in the market. I recommend 8 years

    Third, - All licensing for the operating systems shall be permanent licensing, no rental licenses of any sort allowed, ever.

    If this screws up .NET, tough. Penalties are supposed to hurt. And they deserve enough pain to get their attention, and focus it on the idea that they messed up.

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:Alternate punishments by malfunct · · Score: 3, Insightful
      Actually MS is moving the other way totally, not give you any software at all :) Thats the goal of .NET, the software itself all resided on servers owned by the various service providers. No longer do there have to be software lincences but instead user agreements.

      "I won't use the services!" you say? Well why use the MS software under licence either? The govt doesn't need to step in, people just need to excercise thier economic right NOT to buy something.

      Oh, you can't play your games without an MS product? Tough, thats call free market, to get the benifit you want you pay the cost that the person offering that benifit charges. If its too much don't pay.

      I agree that MS shouldn't be allowed to make illegal contracts with OEM's (that will be stopped in the remedy) and they shouldn't be allowed to do any of the illegal stuff with pricing (which is stopped by the lawsuit as well). I don't think that the contents of the OS should be limited in any way. Maybe its sucks that you have to buy Windows Media Player or Internet Explorer as part of the OS but that should be MS's right to decide. Its your right to decide if you want to pay the price to get those things.

      --

      "You can now flame me, I am full of love,"

  58. bad analogy by Ghoser777 · · Score: 1

    1. Ford doesn't even have close to 90% marketshare
    2. Ford isn't bundeling technology with their cars to drive out competition.
    3. Taking out the engines, seats, and wheels of an Window would be like removing the kernel, the GUI, and all the dlls. No one is advocating that.

    F-bacher

    --
    James Tiberius Kirk: "Spock, the women on your planet are logical. No other planet in the galaxy can make that claim."
  59. Quite a Bit, Potentially by krmt · · Score: 2
    A lot of potential good can come out of separating apps and OS.

    • Office can finally be separated out from the OS. This would not only allow for it's port to other platforms like Linux (minor gain if even possible) but it would simply take away a major chunk of Office's monopoly power. OEM's could choose, since they wouldn't get the discount for including Office with Windows, based on price. This would allow something like Star Office or Corel to make some headway. This could, in turn, drive MS to actually innovate a little in Office, rather than give us more crap that we don't need like in the last two "upgrades".
    • Other apps can gain some headway in other platforms. Exchange and Outlook servers (same thing?) can be ported to other OS's. As could IIS. People who wanted these apps could have them on other platforms, like Mac OSX Server for instance, allowing for more choice in the enterprise market.
    • Linux and other OS's could make some headway in OEM's inventory because Office wouldn't be tied to Windows, providing the double lock-in punch. Factor in other apps and alternate OS's have more of a chance. Hell, Be could have possibly pulled off something in that climate.


    Those are the few that I can think of right off the top of my head. I'm sure there are others, but Office and Windows complement each other in such important ways... how many times do we hear about how the Linux Office suites aren't good enough, and if it weren't for Office people would move over? Well, because Office and Windows are pretty much bundled together, they represent a massive power block. Splitting the company would cleave this block in half.
    --

    "I may not have morals, but I have standards."

  60. If Ford was the chassis mfg for almost all cars by pantherace · · Score: 1
    But Ford isn't. Microsoft essentially controlles the client Operating Systems (chassis). By forcing the OEMs to put various things on (Engene, etc) there are basically only 2 cars-A festiva and a taurus, both with the same engene (say a 4-cylender), same seats, wheels, etc. However, GM (Sun, ns, whatever) even if they have a better engene (6-cylender and 8-cylender) they can't have it included in the car, and the car's chassis (API) changes with every release, so the engene is too long, to wide, to whatever, but it doesn't work. However, it doesn't work because Ford didn't and doesn't have a very near monopoly to abuse, as Microsoft did.

    (Not quite 100% what I meant, but close enough)

  61. The Great Thing: MS *can* afford polystate suit!-) by occam · · Score: 1

    cough cough

  62. Actually I saw a Ford engine in a Honda once... by Anonymous Coward · · Score: 0

    ...or was it a Toyota? Went like a bat outta hell...

  63. Re:This is it!!! by Anonymous Coward · · Score: 0

    I beleive you problem, sir, is that your penis is missing. Try taking your head out of your ass. Then maybe you will find it.
    cheers fuckface.

  64. The Intel-Via Story by Mr.+Stalin · · Score: 0

    The best report I've seen is in the Taipei Times (which is also a GREAT IT news source):

    http://www.taipeitimes.com/news/2001/09/11/story /0 000102424

  65. Comment removed by account_deleted · · Score: 3, Interesting

    Comment removed based on user account deletion

  66. 20s and 30s by Anonymous Coward · · Score: 0

    In newfoundland, Canada they had it a lot longer than anyone else I am aware of (since around 1900 i believe to close to 1930 or 40 something)

  67. go Micro$haft ! by phil_was_here · · Score: 1, Insightful

    i want microsoft to be free to rip, er, i mean innovate sun microsystems a new one like they did netscape, ibm, apple, and all the other happy campers. its sorta fun hearing all of them bitching in court: 'waaaa waaaa we can't compete. big bad microsoft beat us up at the playground.' lol.

  68. Microsoft software through time by s0matose · · Score: 2, Insightful

    Microsoft has been around for quite a while, developing operating system after operating system, and now here they are, resident, in a majority of society's mind, as the only way to go. Of course, it hasn't always been in such a prestine position...

    You see, it all started with Windows Version 1, just an attempt at an operating system for the newly spreading PC ideal, alas, Version 1 was far from a hit. Version 2 followed right in the footsteps of Version 1. Despite the initial failures, however, Version 3.0 was developed for another attempt to win the PC populus, which wasn't even much at the time, but its popularity was borderline. Then came Windows 3.1, which turned out to be a great deal more popular than its predecessors. Next, as an addition to Windows 3.1, Windows 3.11 was developed, a Windows environment for Work Groups! As soon as 3.11 was developed, it was not soon after that Windows 95 was in the making, and when 95 reared its head, the idea of such a simple-to-use GUI in a more flexible environment than what Macintosh offered had spread through the minds of the spreading PC user society. By the time Windows 95 emerged, Windows had pried the minds of hundreds of PC users, and from there, Windows became the only way to go for the average computer user. Its simple point and click environment offered such amazing flexibility to the user it was astounding, thus urging the development of Windows 98, the upgrade to 95, and 2000, the upgrade to Windows NT 4.0.

    Windows had to work its way up just like anything else, but it was more successful because it offered a simple user-environment to the average user without that user having to learn a great deal about computers. Dah... move dah mouse, George... There wasn't a multitude of commands or macros one had to learn to get around the OS--I mean come on, the average user even has trouble locating files they just downloaded or installed. Microsoft's popularity is simple to see, and its degradation over time is actually expected: think about the first time you meet a beautiful girl or guy, what's on your mind? Giving it your all and attempting to be the dearest angel, just to make a good impression, right? Well, this lasts for about four weeks or so, the so-called Honeymoon phase, but after those first few weeks elapse, you start becoming more slack and comfortable, doing things you could never see yourself doing in the beginning. And when you move in together, oh! That's when shit really starts to fly! But this is beside the point. So, now here Microsoft is, owning 75% [just a guestimation] of the PC world, producing far-from-optimized code, and bundling neat, miscellaneous things into their distros for the users that made Microsoft so big to begin with! It was the average PC user who brought MS to such levels of grandeur, so why shouldn't MS bundle the programs it does? It's not just an operating system, it's a source of usability for millions of average PC users.

    Don't get me wrong, I use as little MS products as I can [Litestep], but we have to keep in mind how MS got to where they are, and do what they do. Now, this is just my opinion, as far as it may be from accepted, but I'm just allowing for some passiveness in the case of Microsoft, even though I don't advocate it as being a great operating system.

    --

    nature is ancient, stop your rumbling, stop your rushing, and admire it once in a while
  69. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  70. Do you think MS is going to suffer in any way? by Phrogman · · Score: 2

    When I see the way things are going I have to conclude that it is unlikely that MS will be punished in any way meaningful. They will probably get slapped with a fine or two that equal to the amount they spend on softdrinks in any given day, and will have a pile of restrictions on their business dealings set in place by the court - but its not going to change a damn thing. They will continue to bundle software free with their latest OS that is solely intended to put some perceived competitor out of business - even if the courts limit their freedom to "innovate" like this - and continue to expand into new markets and dominate them. Nothing the courts can do or say is going to have any effect worth mentioning. Its probably cheaper for them to pay lawyers to sit in court and fight any accusations that they have broken the law than it is for them to stop these practices.

    Now that Bush has been placed in the Whitehouse by the Supreme Court, he is free to help his business friends who got him put there via their contributions. The change in the DOJ's approach to the MS case is obviously just a matter of Bush paying back his masters, in this case Microsoft.

    I hope to hell I am wrong, but I don't think that the DOJ or the courts are going to have any noticeable effect on MS or its business practices.

    OTOH, I think that its licensing scheme for XP is going to kill it dead in the water once IT departments get a chance to explain to management why its a bad idea to have your OS operate under a subscription system. I think MS has shot itself in both feet with this plan. </RANT>

    Yes this probably is a troll, but I am just too frustrated to care about my karma...

    --
    "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
    1. Re:Do you think MS is going to suffer in any way? by Anonymous Coward · · Score: 0
      Yes this probably is a troll, but I am just too frustrated to care about my karma...

      But you posted anti-MS rhetoric on Slashdot, along with propagating the lie that the Supreme Court gave the election to Bush. This sounds like karma-whoring to me.

  71. Forfeiture of all illegal gains by Alien+Being · · Score: 0
    How much money did Microsoft steal in illegal business dealings?


    30% of this market, 50% of that one, etc.


    Add up the billions and send them a bill.


    Disburse the money to ripped-off end users, stockholders of ripped-off competitors, funds for all levels of computer education.


    Oh yeah, some of the money can be used for prison cells to house the MS criminals who knew exactly what they were doing the whole time.

    1. Re:Forfeiture of all illegal gains by mpe · · Score: 2

      How much money did Microsoft steal in illegal business dealings?

      30% of this market, 50% of that one, etc.

      Add up the billions and send them a bill.


      Problem is that it's very difficult to tell what the damages might be. Since they have been let loose for so long. Remember that the current trial resulted from their circumventing a previous judicial ruling.
      The basic problem here is that something which started life as a legitimate company is handled with "kid gloves". An individual would have long ago been tossed in jail, a company set up by gangsters would have been long ago broken up (regardless of how many innocent customers they might have had).

  72. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  73. /, is a Marxist FUD by Synpax1 · · Score: 1

    So much ignorance, so few options to eliminate it.

    At least consider that just because you are an expert in being a loser nerd, doesn't mean you are also an expert at legal issues, ethics, economics, or anything else.

  74. Good idea, and with precedent by Animats · · Score: 2
    IBM and AT&T were both required by antitrust suits to open up interfaces. Before adverse antitrust decisions, only IBM peripherals could be used with IBM computers. (This was back in the mainframe era; in fact, the first IBM antitrust case involved IBM requiring the use of IBM punchcards in IBM tabulators. IBM lost.) And there was a time when you couldn't hook anything to a phone line that didn't come from the phone company.


    In both cases, the companies were required to publish specifications. They did, and whole industries developed around them.

    1. Re:Good idea, and with precedent by DCheesi · · Score: 1

      Difference is, M$ already allows third party applications. They don't require M$ hardware or media. So how does this apply? The only analogy I can see is with browser integration, and the DoJ has already said that they're going to drop that issue.

    2. Re:Good idea, and with precedent by Anonymous Coward · · Score: 0

      How about opening specs for network protocols for Active Directory etc, document formats of MS apps and such stuff to help competing products interoperate (both operating systems and programs).

  75. MOD PARENT UP! by Malcontent · · Score: 2

    This is a great Idea.

    --

    War is necrophilia.

  76. Microsoft's real response? by Anonymous Coward · · Score: 0

    An interesting theory, the SSSCA is Microsoft's ticket to being a legal evil empire.

    If so it makes the existing antitrust case pretty much irrelevant.

  77. Re:Why arent they just going with the original pun by Anonymous Coward · · Score: 0

    WHy doesnt the government just stick with their original ideas and go with the original punishment instead of having to brainstorm new ones that are just plain too cheap..

    Well.. I believe they are attempting to ensure that due process of law is observed.

    Seems like an okay reason to me, even if the Art of Software (as it were) is perhaps being held back a bit by the government's inaction..

  78. Re:Hello, anyone ever seen MSDN? Anyone? Bueller? by Anonymous Coward · · Score: 0

    Okay, you have a point if you can point to complete documentation (that allows competing implementations) of:

    1. Microsoft Word .doc format

    2. Microsoft Kerberos PAC format.

    at MSDN.

  79. Future Elections by evilviper · · Score: 1

    Well, I know who I am an am not going to vote for... I also suspect everyone else here will be voting with surprising consistency.

    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    1. Re:Future Elections by holt · · Score: 1

      oooh - I bet bush is shaking in his boots. A bunch of slashdot geeks are gonna vote against him. Ouch. He didn't get the slashdot vote the first time.

      Now that the shit has broken loose in NYC, no one's gonna worry about this for a good long time.

      Besides the fact that Microsoft owns all this IP. They should be able to do whatever the hell they want with it. Bundle a web browser - great! Now I don't have to find it on the web somewhere. Bundle an IM program. Great! Now I don't have to look for it.

      I use a Mac. I use Linux on the PC platform. But Microsoft should still be able to do what they want with their property.

    2. Re:Future Elections by evilviper · · Score: 1
      Besides the fact that Microsoft owns all this IP. They should be able to do whatever the hell they want with it.


      Right, so they could bundle kiddy porn videos with their OS and nobody could do anything because, as you said "They should be able to do whatever the hell they want with it." They should be able to make it send out personal information about you, and to actually damage your hardware when it's time to upgrade... As you said, they should be allowed to do it.

      I suggest you consider what you are going to say before you start typing.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  80. I'd pay to see that... by Greyfox · · Score: 3, Funny

    RMS: That was my identical twin, Bill!
    DOJ: But... I saw a monopoly!
    RMS: Oh dear... Bad evil naughty naughty Bill!
    DOJ: What?
    RMS: He started a monopoly. And we all know there can be only ONE punishment for starting a monopoly! We must have... a SPANKING!
    MS Engineers: A spanking! A spanking!
    RMS: Yes! You must spank him well and good and after you are done... spank me!
    MS Engineers: And us!
    RMS: Yes! You must give us all a good spanking! And after the spanking, the oral sex!
    DOJ: Well, I guess I could prosecute a BIT longer...

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  81. Round 3 by awerg · · Score: 1


    This is only round three in a Heavyweight Fight. See my post Round two from last time. I predict that this will take so long that no one will remember what started this whole affair in the first place. The current business climate is much different from two or even three years ago. By the time this is over the curent version of windows will be as obsolete as "Windows for Workgroups".

    --
    -- Andy
  82. A possible shill by Anonymous Coward · · Score: 0

    That is fucking great.
    Force Microsoft to give up their IP so its competitors can create products to replace Windows.


    From your posting history, I see you not only astroturf for MSFT, but chirp Republican propaganda AND manage to find the time to apologize for Nazi Germany. Ever met a Holocaust you didn't like?

  83. If you MS haters are so smart, answer this. by profeti · · Score: 0, Flamebait
    Why not get together and put your money, talents and intellects where your collective mouths are?

    Build a company that will kick Microsoft's ass in the marketplace. If each of you were to throw in say $1k and perhaps build on some existing projects, I'm sure you could come up with products that would be superior to the stuff MS puts out (not much of a challenge). Then all you need to do is to be really good at selling it (if you don't want to make a profit that is up to you but you need to make the masses want and need it). I'm absolutely serious here and don't intend to sound sarcastic.

    Now I know someone will say "M$ will destroy any company that tries to compete with them" but that doesn't fly, it's just an excuse, if your better at playing the game you win. Logic and history suggest that no entity, regardless of power or abuse there of, is unstoppable.

    Any takers ?


    For the record: I think that most MS products suck, bless there little hearts they just aren't very good at writing software, but they sure know how to sell the stuff. And I'm typing this from OS X.

    1. Re:If you MS haters are so smart, answer this. by remande · · Score: 2
      (Moderators: this is a response to a Profeti post that got modded down as flamebait. I think he's naively incorrect, and give my argument below, but this doesn't sound like flamebait. Somebody mod him back up, please?)


      Why not get together and put your money, talents and intellects where your collective mouths are?


      I know a couple of people that are doing so, it's some weird OS product involving penguins...


      Build a company that will kick Microsoft's ass in the marketplace. If each of you were to throw in say $1k and perhaps build on some existing projects, I'm sure you could come up with products that would be superior to the stuff MS puts out (not much of a challenge). Then all you need to do is to be really good at selling it (if you don't want to make a profit that is up to you but you need to make the masses want and need it). I'm absolutely serious here and don't intend to sound sarcastic.


      The problem is the term "superior" and getting good at selling it.


      There is technically superior and there is superior relative to the market. There are many products that are technically superior to Windows in many ways, though inferior in others. No product is superior in the market to Windows. By definition, if it was, it would have more market share.


      As far as getting good at selling it, se have gotten beyond the point where marketing and selling will be enough to gain market share relative to Microsoft. With rare exceptions (possibly Palm), if you come up with the greatest thing since sliced bread, people figure that MS will either buy it or sabotage it. That's the chilling effect that Microsoft has on the marketplace. It creates a market singularity where the normal laws of economics no longer apply.


      Now I know someone will say "M$ will destroy any company that tries to compete with them" but that doesn't fly, it's just an excuse, if your better at playing the game you win.


      I'll be the one to say it. It's hard to be better at the game when your opponent pays the referees and has the money to buy the game board. Because that's what Microsoft does.


      The software biz is all about intellectual property, which means that it lives and dies in court. Microsoft has a huge lobby in DC, and their sheer size all but guarantees that Washington state senators (and certain of their congresspeople) push the Microsoft agenda. The latest MS push to tell people how OSS is so un-American is a direct attempt to get the US government to stop funding OSS software and start funding MS software. It's amazing what you can do with the Law on your side, whether or not it's legal.


      Then there's money. Microsoft can directly buy threats to its position (as it did with WebTV, and one other I will mention later), and can buy support to crush its competition (as it did with Netscape). Its position also allows it to force its customer base to crush the competiton for them (again, Netscape).


      The only reason that Linux is surviving Microsoft's assaults is that it isn't a company. Linux survives because it is a brand new way of organizing people, and it transcends business.



      Logic and history suggest that no entity, regardless of power or abuse there of, is unstoppable.


      Somebody had better tell Christ, Muhammed, the Buddha...


      For the record: I think that most MS products suck, bless there little hearts they just aren't very good at writing software, but they sure know how to sell the stuff. And I'm typing this from OS X.


      Ah, yes. Windows for Mac. You know why MS bought so much Apple stock, oui non? It was to show that they had competition. It was also to shut up a new round of patent lawsuits from Apple. As I propmised above, another example of Microsoft buying off a threat to its position.

      --

      --The basis of all love is respect

    2. Re:If you MS haters are so smart, answer this. by Anonymous Coward · · Score: 0

      >For the record: I think that most MS products
      >suck, bless there little hearts they just aren't
      >very good at writing software, but they sure know
      >how to sell the stuff. And I'm typing this from OS >X.

      >>Ah, yes. Windows for Mac.

      Ummmm, no. Unix for Mac. Windows is Mac for DOS.

      >>You know why MS bought so much Apple stock, oui
      >>non? It was to show that they had competition.

      Ummmm, no. To prevent Apple from pursuing a lawsuit that accused MS of stealing parts of QuickTime to make MediaPlayer.

    3. Re:If you MS haters are so smart, answer this. by profeti · · Score: 1

      thanks for the lucid response. Given tuesdays events this whole discussion seems trivial (at least for the moment). But perhaps the best thing we can do is return to the "trivial".

      MS owns about 5% of apple, and I think apple will be the company that brings MS down. And funny you mentioned Christ, Muhammed, and Buddha because IMO it comes down to a single individual, a LEADER to make any company successful. BG got his chance to make MS "great" when Jobs left apple in '85, now SJ has another shot, we'll see what happens.

      What the linux movement is lacking is leadership, I know it is supposed to be leaderless, and that's the fatal flaw (IMO). I don't think it is naive to think someone can de-throne MS in the market regardless of the power or how they use it, and BG doesn't either he's paraniod that "he" is out there and will do a DOS-IBM. It may take years, but I don't think the antitrust route is the way to go.

      anyhoo- thanks for the reply and the MOD request

  84. The article in cnet has been updated. by IncarnationTwo · · Score: 1

    There is a update on the CNET article, claiming that:

    "Two states participating in the Microsoft antitrust case have a message for the Justice Department: If you go soft on the software giant, we're ready to push for stronger sanctions on our own." - CNET

    Just tought you should note it.

    --
    In dream society, people could be given the ability to mod replies. In real life, it would be disaster.
  85. Via has a STRONG case by mikethegeek · · Score: 3, Interesting

    Via's argument against Intel is based on a license agreement between Intel and S3 (which Via now owns) to cross-license certain technology.

    Intel used certain S3 technology in the design of the P4 and chipsets (what I don't know), and in exchange, S3 got rights to make P4 chipsets.

    Intel is trying to have it BOTH WAYS in claiming that Via, thru it's purchase of S3, does not have the right to make P4 chipsets, while still claiming to have a license for the S3 tech they are using.

    I honestly don't see how that argument will fly, Intel clearly filed their lawsuit purely for harassment purposes, to harm Via's product release and name, and to delay it reaching the market (at a time Intel is apparently unprepared to release a DDR chipset of their own).

    And the stupid thing is, having a DDR chipset for the P4 out now can only HELP Intel. Looks like the people who have been in charge over there in Santa Clara thru the Caminogate and RAMBUS fiasco are still in charge.

    Intel's action can only help AMD further erode their marketshare.

    --
    === The price of freedom is eternal vigilance
  86. The question for MSFT is the Attorney Generals by Anonymous Coward · · Score: 0

    Are the AJs of California and New York going to pursue their own course of action, or are they just making noise because they are pissed at DoJ backing down ?

  87. Real Legal Issues by JRaines · · Score: 2, Insightful

    Mostly what I've seen so far is a complete lack of any real understanding of the legal realities facing the DOJ at this time. Try reading the decisions of the courts and you will see that the DOJ's options are limited. Thus the state Attorney Generals agree with the DOJ approach (if not all the details).

    First of all, someone needs to explain what breaking up Microsoft would accomplish. If the OS is isolated in a separate company I can't think of any of the current bad behavior of Microsoft that is restricted unless you also have conduct restrictions. Second and more important for the DOJ, the Appeals Court clearly signalled that a break-up is a punishment of last resort and would take a very high level of proof. In other words, a Microsoft break-up will take extensive court hears to pursue, will guarantee another tedious, time consuming appeal and the Appeals Court would be very likely to overturn the break-up order again.

    As for bundling other products with the OS, the Appeals Court also clearly stated that this issue needs more proof before it could be allowed as a claim. The DOJ was looking at extensive hearings and a difficult issue to prove. (Anyone who is interested in actually knowing why, there are about 15 pages in the Appeals Court decision explaining the tying issue.) So again, the DOJ was looking at a great deal of time and money to try to prove something that would very likely not stand up on appeal since the Appeals Court has already indicated scepticism on this issue.

    On the other hand, conduct restrictions are going to be relatively quick to formulate and get through court proceedings because there is very little additional to prove. Microsoft has already been proven to be a monopoly. And certain anti-competitive behavior has already been proven. The DOJ needs only to fashion conduct restrictions that fit the proven bad behavior. Since license issues were involved in the already proven illegal activity of Microsoft, the license would seem like the natural place to restrict Microsoft's behavior.

    And the key to controlling Microsoft is to go after the license. The license is the tool that Microsoft uses to punish and reward the hardware companies. Consider fot instance that Jean-Louis Gassee said that one of the primary reasons for the failure of the BeOS (from a marketing point of view) was that he could not get OEM's to install it on new PC's even if he gave the OS to them at no cost. The only reason: Microsoft license restrictions. It is also worth noting that Steve Ballmer said that the temporary conduct restrictions in Judge Jacksons original order were, from Microsoft's point of view, almost as draconian as a break-up order. Quite a lot of these conduct restrictions involved the license.

    An additional benefit to pursuing license restriction is this. Licenses are contracts. Contracts are something that courts understand quite well. Courts generally don't like most conduct restrictions because then they have to monitor them and it takes their time. But of all the conduct restrictions, license restrictions would be most appealing because its in writing and its something the court understands.

    So, to summarize, here is the implied DOJ thinking based on the Appeals Court decision and the DOJ's written statement:

    1. A break-up will require extensive proceedings, will be difficult to prove and will probably not be approved by the court or would be reversed on appeal.

    2. This may not be the best case in which to prove product bundling that is detrimental to the consumer and the Appeals court has indicated scepticism on this issue.

    3. Since the appeals court has already reviewed and agreed that Microsoft is a monopoly and that certain licensing practices were anti-competitive, the DOJ can seek remedies on this subject with almost no additional evidentiary hearings. Licenses will be in writing and therefore, the most appealing to the courts that will have to administer the restrictions.

    So what is it people would want really? A symbolic break-up of Microsoft that would take years to get done after all appeals, etc. and would probably accomplish nothing. Or a real solution that is a positive for all consumers and can be accomplished in a few months. Plus, nothing is really given up. Because of the obvious issues in XP, DOJ can pursue bundling and other issues any time they chose (that is, any time they don't like Microsoft's behavior!)

    Consider this, if the original restrictions of Judge Jackson were imposed we could now be purchasing machines that have a desktop free of Microsoft software and links and whatever software the hardware vendor chooses. Oh yeah, you could probably buy a machine that dual boots Windows and Linux. Sound like a good plan to me!!

  88. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  89. Re:Being tired (vs tried) in multiple places? by dpilot · · Score: 2

    I'm sure you meant "tried" instead of "tired" in that title, and far be it from me to simply nitpick spelling.

    But perhaps "tired" is more appropriate than "tried" for this case in this administration. I no longer anticipate any good out of the antitrust suit, no matter how much I would like to see file formats, protocols, and contracts opened, and compulsary license terms for patented "standards". That is, unless it drags on for 4 more years, and then we'll see what the next administration does with it.

    --
    The living have better things to do than to continue hating the dead.
  90. Re: open the API by budgenator · · Score: 1
    That's really what's all about, IE had insider access to the whole API, Netscape didn't. Big chunks of IE code was pre-loaded in the kernal, netscape's all loaded on startup. Not all classes of competitor's were treated equitably by the OS vender. If netscape had access to the insider API, the nature of the competiton would have been very different, this is what gave MS IE an unfair advantage.
    1. If IE product line were a seperate company, then they would have had to pay for the developement and/or the knowedege of and right to use what went into the kernal, specificaly for IE's use.
    2. existing laws would have forced all customer's (browser manufaturers, real or virtual) of the OS vender (Microsoft) to be treated on an equitable basis i.e. this many licienses for this much money ect.).
    3. Because the IE product line had no revenue because it was cost free software, they would have gone bankrupt

    IMHO any remedy that does not include break-up with just be blue-smoke and mirrors. Break-up is the only way to enforce serperate accounting, preventint one product line from subsidiseing an other. It would make it easier to verify that OS programmers are not working on aps or trading insider knowledge of the API not available to other competitors. And a seperate OS company would not be force to impose resitrictions on which apps are displayed by default on the desktop or even what default security settings were allowing OEM venders to further differentiate their products. Of course IANAL and use Linux so what do I know
    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
  91. Microsoft Passport cracked. File formats needed. by Futurepower(tm) · · Score: 2


    Generally, I find that people who complain about a particular Microsoft abuse don't know all the facts. If they did know all the facts, they would realize that the situation is worse than it first appeared.

    However, coverage of Microsoft is beginning to be more complete. See Brian Livingston's column, Microsoft Passport Cracked for a few of the shortcomings of Microsoft's Passport authentication scheme, which, surprise, benefits mostly Microsoft, and puts the user at very serious risk.

    Knowledgeable people realize that Microsoft is abusive. But I don't think there is anyone who knows the full extent of the abuse. The first step in deciding judicial remedies should be to write down all the abuses in one place. The result would be a large book. Just the Court's Findings of Fact in the Microsoft anti-trust case lists 207 pages of descriptions of abuses. There are some intense abuses listed, but what surprised me was that they were not the abuses I knew.

    In my opinion, one of the most important judicial remedies is that Microsoft should be required to publish FULL descriptions of its file formats. Then other office software would be able to compete, for example. A full description would include descriptions of all the ways Microsoft's software does not follow the intended design, that is, descriptions of the bugs.

    --
    Bush's education improvements were
  92. Real Legal Issues by JRaines · · Score: 2, Interesting

    Mostly what I've seen so far is a complete lack of any real understanding of the legal realities facing the DOJ at this time. Try reading the decisions of the courts and you will see that the DOJ's options are limited. Thus the state Attorney Generals agree with the DOJ approach (if not all the details).

    First of all, someone needs to explain what breaking up Microsoft would accomplish. If the OS is isolated in a separate company I can't think of any of the current bad behavior of Microsoft that is restricted unless you also have conduct restrictions. Second and more important for the DOJ, the Appeals Court clearly signalled that a break-up is a punishment of last resort and would take a very high level of proof. In other words, a Microsoft break-up will take extensive court hears to pursue, will guarantee another tedious, time consuming appeal and the Appeals Court would be very likely to overturn the break-up order again.

    As for bundling other products with the OS, the Appeals Court also clearly stated that this issue needs more proof before it could be allowed as a claim. The DOJ was looking at extensive hearings and a difficult issue to prove. (Anyone who is interested in actually knowing why, there are about 18 pages in the Appeals Court decision explaining the tying issue http://caselaw.lp.findlaw.com/scripts/getcase.pl?c ourt=dc&navby=case&no=005212A). So again, the DOJ was looking at a great deal of time and money to try to prove something that would very likely not stand up on appeal since the Appeals Court has already indicated scepticism on this issue.

    On the other hand, conduct restrictions are going to be relatively quick to formulate and get through court proceedings because there is very little additional to prove. Microsoft has already been proven to be a monopoly. And certain anti-competitive behavior has already been proven. The DOJ needs only to fashion conduct restrictions that fit the proven bad behavior. Since license issues were involved in the already proven illegal activity of Microsoft, the license would seem like the natural place to restrict Microsoft's behavior.

    And the key to controlling Microsoft is to go after the license. The license is the tool that Microsoft uses to punish and reward the hardware companies. Consider fot instance that Jean-Louis Gassee said that one of the primary reasons for the failure of the BeOS (from a marketing point of view) was that he could not get OEM's to install it on new PC's even if he gave the OS to them at no cost. The only reason: Microsoft license restrictions. It is also worth noting that Steve Ballmer said that the temporary conduct restrictions in Judge Jacksons original order were, from Microsoft's point of view, almost as draconian as a break-up order. Quite a lot of these conduct restrictions involved the license.

    An additional benefit to pursuing license restriction is this. Licenses are contracts. Contracts are something that courts understand quite well. Courts generally don't like most conduct restrictions because then they have to monitor them and it takes their time. But of all the conduct restrictions, license restrictions would be most appealing because its in writing and its something the court understands.

    So, to summarize, here is the implied DOJ thinking based on the Appeals Court decision and the DOJ's written statement:

    1. A break-up will require extensive proceedings, will be difficult to prove and will probably not be approved by the court or would be reversed on appeal.

    2. This may not be the best case in which to prove product bundling that is detrimental to the consumer and the Appeals court has indicated scepticism on this issue.

    3. Since the appeals court has already reviewed and agreed that Microsoft is a monopoly and that certain licensing practices were anti-competitive, the DOJ can seek remedies on this subject with almost no additional evidentiary hearings. Licenses will be in writing and therefore, the most appealing to the courts that will have to administer the restrictions.

    So what is it people would want really? A symbolic break-up of Microsoft that would take years to get done after all appeals, etc. and would probably accomplish nothing. Or a real solution that is a positive for all consumers and can be accomplished in a few months. Plus, nothing is really given up. Because of the obvious issues in XP, DOJ can pursue bundling and other issues any time they chose (that is, any time they don't like Microsoft's behavior!)

    Consider this, if the original restrictions of Judge Jackson were imposed we could now be purchasing machines that have a desktop free of Microsoft software and links and containing whatever software the hardware vendor chooses. Oh yeah, you could probably buy a machine that dual boots Windows and Linux. Sound like a good plan to me!!

  93. ITs a trust/value/morality issue by Anonymous Coward · · Score: 0
    We stay away from all that felonoius fudopoly PayPer LieSense crud as best we can.

    Stake your claim in the gnu ?economy?, by acquiring this descriptive URL from us.

    fud is dead. the fairytail "bull" "economy" is dead. welcome to the brave gnu world of open/honest communications/commerce (just kidding, fud IS NOT completely dead, yet).

    ('fraidmark) ScaredCity(?tm?)

  94. Microsoft: No One's Gonna Break Us Up - NO ONE! by tenzig_112 · · Score: 2
    An excerpt from a recent news story on the Microsoft case:

    When the DOJ announced that they would allow Microsoft to stay united, the relief was palpable. Both the operating system side and the applications and consumer products side gazed into one another's eyes and sighed. Sources close to Microsoft say that the make-up sex was unbelievable.


    "You have to understand that Microsoft has been screwing people for a long time," said industry analyst Phil McCracken. "It is only natural to assume that they've gotten quite good at it."


    A long-time ally of large companies like Microsoft, few political observers were surprised by Bush's decision to let the antitrust case peter out. What was a bit odd was his apparent fervor to stop the case.

    "Everybody's trying to break them up, but they're too strong for that," said Bush in a press conference Thursday. "They're in love. Can't anyone else see that?"

    At this point the President ran up to the Lincoln bedroom, threw himself onto the mattress, and began sobbing uncontrollably.

    During a briefing on the subject earlier this week, Bush had written in his notebook "Microsoft: 2-Gether 4-Ever" with several swirlies and hearts outlined in red marker.


    Full story:

    Microsoft: No One's Gonna Break Us Up - NO ONE!
  95. Funny how its THESE two states with issues... by Anonymous Coward · · Score: 0

    I am not surprised that both NY and California are the two states that intend to pursue the Microsoft issue separately.

    Given that these two states have Sun (CA) and IBM (NY) as major political contributors, its no wonder that they are continuing to litigate.

    I live in NY, and its well known that Gov. Pataki is in IBM's hip pocket. There is no large (in excess of $10 million) DP project in NY that hasn't gone to IBM or an IBM partner in over 10 years.

  96. The Judge decides by zmower · · Score: 1

    Surely it's for the Judge to decide the best way to restore competition. The DOJ can suggest possible remedies but the Judge is the ultimate arbiter. Surely she must consider Judge Jackson's original verdict.

    I get the feeling from reading the Register's coverage that at the end of things Judge Jackson was very frustrated with Microsoft's intransigence. He knew that Microsoft would appeal and that his remedies would be reviewed. But by choosing a breakup remedy, he has put it on the agenda for consideration. Rule 1 for defending a monopoly trial : try not to tick the judge off.

    Having said that I favour the mandated openness remendy mentioned above. I would add that all documentation should be liberally licensed to allow it to be updated/distributed. Wouldn't want out of date/wrong/misleading documentation now would we.

    --

    Sig pending!
  97. Geeks for Nationalism by Anonymous Coward · · Score: 0

    You know, we have a fine collection of very able programmers and the like here, how 'bout a little demonstration, aimed at any and all web sites promoting terrorism in all its forms?

    Nothing organized, nothing planned, just give a little back to the society that has nurtured (most of) us.

    Geeks of the Internet, Unite!

  98. Restrictions by michael_cain · · Score: 2
    Okay, if we can't do anything structural, then here's a list of behavioral restrictions that address those things that the appeals court upheld, plus an incentive for them to comply:
    1. Major apps must be removable without rendering the system non-functional. If there's any doubt about whether a particular app is major (eg, online help), ask the court before you ship it.
    2. MS must sell at least two packages of the OS, one without any major apps, and that one must be priced significantly lower.
    3. OEMs and other integrators may bundle apps as they see fit -- MS may not impose restrictions or sanctions.
    4. MS allowed a reasonable interval not to exceed 12 months to bring all products into conformance.
    5. MS not allowed to purchase other software companies for 36 months, beginning when the court rules that they are in conformance with the above requirements.
    6. Senior management goes to jail in the case of violations.
  99. Not exactly what I meant. by hendridm · · Score: 1

    Since I consider implementation a part of development, I guess I was clasifying "development" and "serving" under the same category. I actually develop on a Windows computer and deploy them on a Linux box.

    Tell you what, use whatever you like and I will too...

    To the rest of you - sorry for the confusion.

  100. Read and think, then reply. by hendridm · · Score: 1

    You COMPLETELY missed the point of my argument. The original author I was replying to claimed people would get sick of using a "flawed operating system". I was merely restating his comment and suggesting why I disagree. Additionally, I never stated which operating system I think is flawed, but you assume I am referring to Windows?

    The point of my statement was to say that even though our main audience might think Windows is flawed, Windows users think their OS is the least flawed (if at all).

    As far as the promotion, where are "all this Linux promotion" you are referring to? Linux news sites? Slashdot? Do you think the average Windows user visits these sites? How about Windows? It's featured in all their favorite magazine and is constantly on television. I can't remember the last time I saw Linux on television. That's not to say it should be there per se, but you have to admit there is more MAIN STREAM advertising of Windows and Windows products than there is of Linux.

  101. Exponential. by bored · · Score: 1

    Exponential, was fast/hot because their processors were designed using BJT technology. The reason why they were 'slow' though was because the processors were based on older PPC cores. Its sort of like making a 3 ghz classic pentium. It would probably suck. As far as exponential tech, what i understand is that early Ppro's had BJT sections. I'm not aware of any such things in the P4.

  102. Ever seen the movie Grasshopper? by deathscythe257 · · Score: 1

    If 1,000,000 grasshoppers fight the cat, eventually it will be annoyed enough and frightened by the shear numbers that it will run away and go in it's little door on the back of the house. I don't want to see M$ go away, they have some solid software that I use everyday quite extensively. And frankly, it would send businesses in a spiral as they search for people to teach the software to non techies.

    It would be a good thing, however, if we were able to seperate the companies correctly or possibly force them to adhere to some Open Source standard so that others could help work on it. Noone truly wants to see Windows bite the dust, i think (correct me if i'm wrong), we just want the opportunity to try out our ideas, and if they work... all the better for the consumer. but, i'm not a programmer yet so when i say we, i mean that in the loosest sense of the word.