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Microsoft, DoJ Reach Tentative Settlement

JeffMagnus writes: "MSNBC is reporting that the tentative settlement between Microsoft and the DoJ calls for a five-year consent decree between the government and Microsoft governing the company's conduct. A three person panel of independent experts will be created to review the companys' future activity." The New York Times appears to be the original source for the settlement stories; there's also an AP article.

16 of 595 comments (clear)

  1. Three people? by narfbot · · Score: 5, Insightful

    Do you think three people could really keep track of all of microsoft's activity for the next five years?

    They better get some help. It's the little things people miss that gets me. Who's gonna help them?

    I think it is the consumer's responsibility to take action--why else do you think it's taken so long to get this far? Because they're so big, and so few people are acting!

  2. fool me once... by rodentia · · Score: 4, Insightful

    This is ridiculous. This is precisely the remedy formulated after the last DOJ action. Billmer and Co. are going to make a mockery of this in its implementation. You can be sure only ISVs already fully onboard the MS train will get a glimpse of the code, after signing bulletproof NDAs.

    --
    illegitimii non ingravare
  3. huh? by RelliK · · Score: 5, Insightful
    THE TENTATIVE SETTLEMENT calls for a five-year consent decree between the government and Microsoft governing the company's conduct, The New York Times reported on its Web site Wednesday evening, citing anonymous sources. The Times reported that the deal included the possibility of a two-year extension if the company violates the terms of the agreement.

    Huh? So let me get this straight: if Microsoft violates the terms of the agreement, the deal will be extended so that Microsoft can violate them for two more years. ??? Tough on crime we are today, ain't we?

    --
    ___
    If you think big enough, you'll never have to do it.
    1. Re:huh? by Merk · · Score: 4, Insightful

      Seriously. As far as I know the "findings of law" from Judge Jackson's part of this affair still hold up. That basically means that the defendant has been found guilty of criminal actions, and put on some kind of probation, but if he/she violates that probation, the probation will continue longer.

      OJ may have the title for "most obvious perversion of justice by a single man", but I think MS just got it for perversion by a corporation.

      If I ever get found guilty of a crime I'll have to suggest this one to the judge. "Your Honour, I'll agree to do 5 years of community service, but if I decide not to do that community service, I agree you can pretend I'm doing it for 2 years longer. Sound good?"

    2. Re:huh? by Kerg · · Score: 4, Insightful
      So, if Microsoft violates probation then they should be stiffly fined and or have their requirements expanded in scope.

      Microsoft has signed consent degrees before and broken them. They were not fined for it.

      Microsoft will break this consent degree, and they will not be fined for it.

      In 2007, Microsoft will sign yet another consent degree. They will break it, and will not be fined.

  4. Wow! A Consent Decree by slickwillie · · Score: 5, Insightful

    Bill wiped his ass with the last one.

  5. Re:Finally this reched a conclusion by SilentChris · · Score: 4, Insightful
    They still haven't. The AP article states:

    "Terms of the prospective settlement were closely guarded, and people close to the negotiations cautioned that precise language was still being worked out even between Microsoft and the Justice Department."

    which means absolutely nothing has been worked out. We all knew a deal would eventually be worked out, but without specifics it's still quite up in the air.

    Quite frankly, I wouldn't be surpised if the Justice Dept. found the recent "concessions" by Microsoft (allowing icons of Internet Explorer to be removed; allowing the user to easily change the default browser on the Start Menu) to be enough. This was the same Justice Department, after all, that "demonstrated" how it could remove Internet Explorer by deleting the icon from the desktop.

    Watch for more tomfoolery...

  6. Shameful by PingXao · · Score: 4, Insightful
    Disgusting, putrid filth. First we see that
    "Lawyers and executives for Microsoft have previously bristled over suggestions that any settlement would require them to disclose the "source code" blueprints for the company's monopoly Windows operating system, the underpinnings of its multibillion-dollar business."
    ... and ...
    "Microsoft officials also have warned they wouldn't accept any broad prohibitions against bundling new features into Windows."
    Well gee whiz. Why did the government go after them in the first place?
    "James, the antitrust chief, recently announced the government won't seek to break up Microsoft..."
    Microsoft didn't want this. Talk about caving in.
    "He also decided not to try to block Microsoft from releasing Windows XP, its newest version of its operating system."
    Well Microsoft wanted to do that anyway.
    "Letting Microsoft add new features into its flagship Windows software, but requiring the company also to offer a version that doesn't include those additions."
    Wasn't that the idea behind a previous government action against them?
    "Banning restrictive contracts that would force computer makers to buy versions of Windows with new features, but allowing financial incentives such as discounts to make those versions more enticing."
    This amounts to a big fat zero. Nada. Squat. Zilch. Zip. They will just have to adjust the wording of their OEM licenses and it's back to business as usual.
    "Forcing Microsoft to reveal parts of its Windows blueprints relating to its Internet browser software, but not the blueprints to Windows."
    They will no doubt continue to conceal the parts that separate the MS "standards" from the open industry standards (HTML). This is a fucking joke. And finally, the coup de gras:
    "A three-person advisory committee would oversee compliance with the agreement."
    Yeah, Bill Gates, Steve Ballmer and Paul Allen. This is a miscarriage of justice and I am totally disgusted. It means that MS will face virtually NO punishment or sanctions. Let's hope the individual states' legal actions aren't muzzled by Ashcroft. Watch concerns over "the economy" and vague "terrorist" tie-ins put the brakes on the states actions. Blech.
  7. Where's the penalty? by CaptDeuce · · Score: 5, Insightful

    From the AP story (paraphrased):

    -Letting Microsoft add new features into its flagship Windows software, but requiring the company also to offer a version that doesn't include those additions.

    A very reasonable restriction but is this a penalty? No.

    -Banning restrictive contracts but allow financial incentives such as discounts to make those versions more enticing.

    Gee, that's what I thought they were doing before the trial. Bill said "you can do it our way or you can't do it at all". Instead he'll say "you can do it our way or pay more". As if anybody hasn't noticed, given the choice between paying one price for something or paying more for the same thing, which is the typical consumer going to pick? PC vendors have a choice of doing it Microsoft way or coming up with a great song and dance routine to make the exact same box running the exact same software appear to be worth more money. Is this a penalty? Hell no!

    -Forcing Microsoft to reveal parts of its Windows source for its Internet browser, but not Windows.

    Huh? Who the hell wants the source to IE? What good is it going to do since Microsoft already illegally monopolized the market? Is this a penalty?

    Found guilty by the trial court with that verdict upheld by the appeals court I ask for the last time, where's the penalty?

    --
    "Where's my other sock?" - A. Einstein
  8. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  9. Doesn't really matter. by Soko · · Score: 5, Insightful

    The DOJ thing did a very important thing - it showed that Microsoft is fallable, and made IT people all over the globe question why they were using Microsoft's products, and what it really meant for their customers and businesses. Now they are demanding Microsoft actually adhere to industry standards, so they can choose something else if it's a better fit. That is what a Free Market should be.

    It made companies brave enough to piss of Microsoft by trying out alternatives. The IT industry is once again interested in investigating other solutions, some of which Microsoft can't destroy or bury through anything else but providing value per $ spent on thier products.

    I'm happy - I'm Microsoft's customer again, not thier biatch-yesman-mouthpeice to my companys upper management. I have a choice again - and more choices coming with each passing day, when new code gets posted on myriad CVS servers across the Internet. More choices coming with companies that were heartened enough by the DOJ case to actually develop new, great products that don't require Windows and in some cases directly compete with Windows.

    Roll up your sleeves, people, and get back to work. We are the competition.

    Soko

    --
    "Depression is merely anger without enthusiasm." - Anonymous
  10. Re:Let's not forget by compugeek007 · · Score: 5, Insightful

    the ideals of youth give way to stark realities.

    Bush didn't sell out to MS - he just saw a bigger picture. IF MS got blugened, broken apart, fined, etc. that would mean problems with every software developer in the nation who writes apps for MS. If MS can't keep upgrading OS's - software companies can't keep upgrading applications. Everyone loses money and jobs. End of story

    Political arguments on slashdot are usually stilted to liberal Neuromancer cum Utopian technologists (at least, mine are!) Bush doesn't care about .net, Gates grand scheme to own the internet, he doesn't know what a passport is and he probably dosen't care about software licenses. All Bush cares about his the economy, and all the other crap going on. Lets face it - this is a BAD time to try and break up the largest software company in the world.

    --
    Jesse Wolfe Sr. Manager Systems Integration
  11. How 'bout this by unitron · · Score: 5, Insightful
    A corporation is basically the sum of each shareholder's financial holding in that corporation. They joined their financial assets together in the first place to increase said assets. Ultimately they are responsible for the conduct of the corporation because they decide who runs and oversees it on a day-to-day basis. Therefore, the way to punish a corporation is financially, i.e., reduce each shareholder's financial holding proportional to the size fo that holding. You can either take some of the corporation's assests, or in the unlikely event of their misdeeds being such as to deserve a "death penalty", all of their assets.

    Microsoft should be punished for their misdeeds by being fined billions and billions of dollars. (I like to call it the Sagan treatment.) This will send a message to the shareholders to make sure that they don't break the law anymore and suffer further punishment, and have the delightful side effect of severely reducing Microsoft's ability to buy near-monopolys in related fields such as cable tv, etc., as well as putting a lot of money into the government coffers to allow the meeting of expenses such as part of the cost of fighting a war without having to increase taxes or federal debt quite as soon or as much.

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  12. The law don't mean shit by Wee · · Score: 5, Insightful
    I know this is buried in other comments. (And I know I should have written a cron job which checks /. headlines once a minute so I get a page when something new comes in, but...) But I have to comment.

    The law doesn't mean a thing. Well, not really. The law means a lot, but only to little people. Those with expired tags ("And maybe perhaps could we check inside your vehicle, sir"). Those with less insurance than they need ("You should have opted for the 'Act of God -- but only under duress' clause, sir..."). Those who can't afford a lawyer ("One will be provided for you should you not be able to afford one"). Families with sudden tax burdens ("Actually, it's guilty until proven innocent in a non-jury trial, sir -- get out of your house immediately"). For large corporations and individuals, the law doesn't mean shit.

    The law is what you've paid for. It's not what is right, or true, or just... or even what's wrong. It's what's been paid for. It's been this way ever since we've had governments. PoliSci 101: Those with power wield it primarily in order to gain more. I know I'm not saying anything new here, but I had to say it. And in a capitalist society, power is money. Therfore, money is politics. Like I said, back to day one of class and nothing new. This is just the most astonishing example of money making government we've seen recently. It's a Morgan or Hearst-like thing.

    And since the I have the soapbox out, here's some advice: Fuck Microsoft. They're petty, awful people and I feel that one day soon other people will find it in their best interest not to bet their careers on them.

    I'm a card-carrying Libertarian, and stongly against any spurious government interdiction in the free market. But I'm also a realist and realize that there has to be some form of interaction. Shoddy products can be dangerous, after all. But the real power is held by the people: The people that buy stuff for IT departments. I beseech them to look at alternatives to MS prodcuts. They will likely save money (and their jobs) in the long term.

    Again, all this is so old it's cliched. But that makes it no less true. Although it's so late in the story du jour that nobody will every see this, so it's all one hand clapping....

    -B

    --

    Ash and Hickory, straight-grained and true, make excellent bludgeons, dandy for the cudgeling of vegetarians.

  13. MS monopoly by nabucco · · Score: 4, Insightful

    I find it ironic that MSNBC was the news source submitted to get news about Microsoft's monopolistic practices. Corporate control of the means of production is consolidating and omni-present.

  14. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion