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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.

200 of 595 comments (clear)

  1. Better than two companies... by Robert1 · · Score: 2, Insightful
    A decent punishment, perhaps not quite harsh enough but as a whole quite decent. Having a panel and some experts running Microsoft will probably do more than breaking them up and creating two monopolistic companies. I wish they had done something about XP though...

    Notice that the agreement came just a little bit after XP's launch.

    1. Re:Better than two companies... by joeflies · · Score: 3, Interesting
      The market would be far more fair if there were two monopolies Microsoft instead of one. Right now, there is no business model that can make money and beat Microsoft at the OS market share or displace Office. So Microsoft can go along and develop applications at loss leaders, integrate them into windows for market share, and continue to draw money by making Office upgrades

      For instance, Microsoft didn't have a monopoly with Exchange, IE, NT or Office 5 years ago. But it did have a lock on the home user market. all of sudden, new applications appear in Windows, integration only really works when you use windows, so before you know it, all of these markets fall apart and become absorbed in the Microsoft monolith. If they had been an Internet -applications company, a business-productivity applications company and an OS company, I doubt that Microsoft would be the single ruler of all of those markets.

    2. Re:Better than two companies... by DNS-and-BIND · · Score: 2
      VisiCalc was not a calculator.

      Outlook [Express] is indeed the dominant mail client.

      Java an OS?

      Microsoft the ruler of no markets? Hel-lo? Being a Microsoft Apologist is easier when one doesn't talk nonsensically.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    3. Re:Better than two companies... by nomadic · · Score: 2


      An adversarial system is key to our overall economic health.

      No, it's the key to the economic health of a tiny majority of the ultrarich. Who then try to convince us what's good for them is good for us.

    4. Re:Better than two companies... by sphealey · · Score: 3, Insightful
      No, markets arent supposed to be "openly competitive". Competition is supposed to be nasty, and mean, and vicious, and hard, and nasty bad really hard, and on top of that, full of intimidation and skulduggery. Thats what competition means. Just like in football - it means hitting them hard, using anything you can, and clawing to the top.
      So it's OK if I use brass knuckles in the scrum? How about a blackjack? A pistol? Larger or smaller than .22 caliber?

      I trust the point is clear. Even in hard, nasty, brutish, and short competitions there have to be some ground rules, or society just goes back to the prehistoric concept of "whoever can kill the most men and rape the most women wins". Which is how it often is in the animal kingdom, but I thought we had agreed as human beings to try to do better than that?

      Much of what Microsoft did was fair competition. Novell, for example, shot itself in the foot. But Microsoft also slipped little Christmas presents into Windows and Office service packs that deliberatly broke standards Novell had set for the whole industry (and from which Microsoft had taken benefit) for 10 years. That was not legitimate competition.

      Similarly, threatening to withold Windows licenses from manufactuers who wanted to put Netscape on the desktop was not fair competition, when Microsoft had a monopoly on Windows.

      So let's not be so brutish, eh?

      sPh

    5. Re:Better than two companies... by mpe · · Score: 2

      No, markets arent supposed to be "openly competitive". Competition is supposed to be nasty, and mean, and vicious, and hard, and nasty bad really hard, and on top of that, full of intimidation and skulduggery.

      Except that competition generally has rules.

      Thats what competition means. Just like in football - it means hitting them hard, using anything you can, and clawing to the top.

      Not anything, otherwise football teams (of all kinds) would carry fireams.

    6. Re:Better than two companies... by Reid · · Score: 2, Insightful
      No, not really. When the shit starts to hit the fan the Geneva convention hits this shitter. Look at Vietnam - were mass killing civilians and soliders, bombing mud huts, and shooting anything that moved because it was a tense situation and we were unable to cope with it nationally. War really doesnt have any rules.

      So since the rules were occasionally broken, that means there are no rules? No one was ever brought up on charges or court martialed for killing civilians? Besides, the point is that even in the extreme of war there are rules (believe it or not).

      Your DRAM example shows the benefits of open competition. Undercutting your competition is generally fine. If only one company produced all the memory chips in the world, though, it'd be a different story if they prevented anyone else from producing it and also bundled a hard drive from their fledgling hard drive division "free" with each RAM purchase. Or worse, if they had secret deals with OEMs which double their price for RAM if they didn't include only their hard drives.

      Competition is fierce and nasty and "violent". You either win or lose, and the outcome on either end isn't always pretty. If you ever see two competitors having friendly meetings and press confereneces it is because (1) they are in fact not in actual competition, but are in fact in cahoots, or (2) they are both fucked and trying to get a bigger fish.

      You either win or lose, yes, but you have to play by the rules of the game. And why the hell would competitors be having friendly meetings or press conferences?! That came out of left field. You can compete fairly without being in cahoots!

    7. Re:Better than two companies... by dhogaza · · Score: 2

      No, in football you aren't allowed to use anything you can to win. There are rules which must be followed, and people in striped shirts with yellow flags to enforce them.

  2. But the states may hold out by vanguard · · Score: 2, Insightful

    The attorneys generals from the states that sued Microsoft for antitrust violations were weighing whether to sign onto the deal

    This is the critical point. The feds have backed off because they received instructions from the White House (read Bush) to do so. However, the states may decide to persue this on their own.

    It's not over yet.

    --
    That which does not kill me only makes me whinier
    1. Re:But the states may hold out by NecroPuppy · · Score: 2

      Only if, as the article says, the states find the US Govt's solution unacceptable.

      Since we don't know what the US Govt and MS have settled on, we don't know how equitable it is. Since MS, in the past, has rejected anything that prevents them from bundling anything they want, well... We'll just have to wait and see.

      The three person compliance panel concept is interesting. Of course, it depends on who is on it.

      --
      I like you, Stuart. You're not like everyone else, here, at Slashdot.
    2. Re:But the states may hold out by NutscrapeSucks · · Score: 2

      but the government has gotten a bad rap for the dot-bomb crash which occurred shortly after they sued MS

      It actually happend shortly after Microsoft refused to settle. But this is the stockmarket gaga public we are talking about - the same people that drove LNUX up to $200/share.

      Since I'm posting -- Everyone should read the Wired article on the MS lawsuit. Microsoft could have settled this thing at any time with terms similar to what's being reported. That's one reason the original judge was so pissed at them -- they had a good deal and they left it on the table. So, it's not really a Bush versus Clinton thing -- it's a change of heart over at MS.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
  3. 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!

    1. Re:Three people? by Anonymous+Brave+Guy · · Score: 2
      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?

      Perhaps more to the point, who's going to oversee them? Scrutinising a business such as Microsoft is a hell of a responsibility. You need to find three people who are so above board that they can't possibly be politically influenced or bought off, which is a tough call to start with. If it's true that everyone has a price, then Microsoft could certainly afford to pay it, after all.

      Moreover, once you've found three people with the level of integrity required here, you have to make sure that everyone else can see that they are being fair, both in their restriction of Microsoft's less ethical practises but also in letting MS do reasonable things without undue interference. How are they proposing to supervise the scrutineers, and to publicise the results?

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    2. Re:Three people? by liquidsin · · Score: 2, Funny

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

      The entire member base of slashdot would fit this role nicely, since no single thing that Microsoft does, no matter how small, meaningless, and insignifigant, escapes us.

      --
      do not read this line twice.
    3. Re:Three people? by Anonymous+Brave+Guy · · Score: 2
      Richard Stallman, Tim Berners-Lee, and Jon "Maddog" Hall.

      What on Earth makes you think it would be good to have three people who clearly have reason to be biased in the matter supervising on such a panel? The whole point is that you need to find people who aren't biased either way. Speaking as a professional software developer, the last thing I want to see is commercial development being controlled by free software/open source advocates, thanks all the same.

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      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    4. Re:Three people? by Anonymous+Brave+Guy · · Score: 2
      Perhaps you need to do what us brits do and have a overseeing governing body, similar to something like OFTEL (who monitor BT et al).

      I'm not convinced. I am a Brit, and so well aware of the complete lack of teeth OFTEL exhibit on a regular basis. Putting a group that lame in charge of something like this would do more for Microsoft than any surrender by the DoJ.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  4. Let's not forget by vanguard · · Score: 2, Flamebait

    An industry trade group that has been critical of Microsoft's business practices accused the Bush administration of "selling out" by seeking weak penalties.

    Americans let's remember this when it's time to vote again in a few years. Bush, more so than any administration I can remember, is for sale. He's too close to the business and too far from the people. Finally, he doesn't understand the issues.

    This isn't meant to be flamebait. Heck, I voted for him (sorry about that). I'm just saying it would be foolish to fail to consider that he instructed to courts to back down when it's time to vote again.

    --
    That which does not kill me only makes me whinier
    1. Re:Let's not forget by KilljoyAZ · · Score: 2, Insightful

      I think it's safe to say that both major parties are willing to whore themselves and the nation's laws and resources out to the highest bidder.

      --
      This .sig is currently on hiatus for retooling.
    2. Re:Let's not forget by Moridineas · · Score: 2, Offtopic

      Once again I am amazed by the number of cubicle workers and others who go on and on "Oh, he's SO stupid, oh blah blah blah"

      Intellectual elitism at it's worst. If you're so smart and good, why aren't you president--wouldn't your vast and overwhelming intelligence be better for us all??

      Scott

    3. 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
    4. Re:Let's not forget by FFFish · · Score: 2, Insightful

      Let's not forget Clinton's Lincoln Bedroom hotel. Let's not forget his last minute pardons.

      What a stupid fucking thing to say.

      Yes, Clinton was a whore, a cheat, a liar, and a creep. That doesn't make Bush's cheating, lying, and selling-out "right."

      Two wrongs don't make a right. Wrong is just wrong.

      Clinton's wrongs don't cancel Bush's wrongs, nor vice-versa.

      You deserve better. Demand that your leaders behave with honour.

      --

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      Don't like it? Respond with words, not karma.
    5. Re:Let's not forget by Malcontent · · Score: 3, Insightful

      Wow how ridiculus is this argument. To suggest that the clinton white house went after MS because they didn't pay is just silly. Did they go after any other businesses that didn't pay them? You have absolutely zero evidence that this was the reason they "pursued them vigorously". Guess what it's their job to pursue them vigorously. Just like it was the Bush justice depts job to pursue the case vigorously. It's the job of every prosecutor to do every thing in their power to get a conviction and to send the offender to jail. Prosecutors work for us (the public) and not the defendent (the criminal). Too bad Ashcroft decided that donations were more important then the rule of law and that the interest of the public didn't amount to hill of beans.

      Please point to one piece of paper (and not some republicans opinion) or one shred of evidence that this suit was started because MS did not fork over the money.

      "This is purely a case for behavioural rememedies. Futhermore most people at large and most legal types would probably tell that if held today, those hearings that led the finding of fact would fall strongly in the corner of MS. The market isnt the same today as in 1995, mostly because of Linux and other Free Software projects."

      More nonsense.
      First of all it does not matter what the market is like today. they are on trial and have been found guilty of breaking the law. You can't argue that the circumstances are different now and that the law should let you go (unless you are the riches man in the world of course).

      Besides circumstances are not really different. MS still has a monopoly, it still abuses that monopoly, it still bundles, it still uses monopoly products to gain monopolies in other markets. XP is a prime example of this. The entire purpose of XP is to get people signed up on passport, using MSN, using MS media formats etc. It has nothing to do with being an OS and everything to do with delivering advertising to windows users.

      And even if we were to buy your ridiculus arguments how does a consent degree enforce behavioural rememedies. Bill Gates has already shit on the last remedy and Ballmer is getting ready to piss on this one as we speak. This punishment is a joke and everybody knows that. The justice system in this country is corrupt beyond belief.

      The end result of this case will be formal acknowledgement that Bill Gates is officially above the law.

      --

      War is necrophilia.

    6. Re:Let's not forget by mark_lybarger · · Score: 2, Insightful

      um, you're kinda contradicting yourself here a little

      The courts agree that MS is a monopoly, but more than anything, the courts ...

      then later...

      MS doesnt have a monopoly, and certainly not with XP

      exactly what percentage of the "desktop os" does one need to have in order for you to recognize a monopoly? 99.9%? 100%? a look at other more common monopolistic industries, gas/electric for example, will show that those industries might not serve the entire community they are setup for, but they are the "default". if i want to choose a heating solution apart from my local gas company, i've got to go out of my way to achieve this either by installing some wood stoves, propane tanks in my back yard or what have you. same goes with an operating system. if i want something other than a MS operating system, i have to go out of my way to get it. when you walk into a store to buy a computer, they don't ask which OS you would prefer to have on it.

      i consider, as well as the courts as you have so kindly pointed out, that MS is a monopoly. to say otherwise reqlly requires more backing than, hey there's linux some people use that on their desktop, or there's apple computers, they don't use MS operating system.

    7. Re:Let's not forget by Brian+Knotts · · Score: 2
      Holy shit, I did not know that such leftist fuckwads still existed.

      Welcome to slashdot.

      When you read the leftist bullshit that is often posted here, consider that this is the result of hippies controlling the education system, particularly in college. Anti-Americanism and anti-capitalism are de rigeur on college campuses today. It's enough to make one sick to one's stomach.

      The humorous part is that these people would say to you, with a straight face, that they haven't been brainwashed...they've come to their conclusions on their own. Yeah, right.

    8. Re:Let's not forget by mpe · · Score: 2

      Americans let's remember this when it's time to vote again in a few years. Bush, more so than any administration I can remember, is for sale. He's too close to the business and too far from the people.

      Is his party obliged to nominate him for a second term anyway?

    9. Re:Let's not forget by mpe · · Score: 3, Insightful

      First of all it does not matter what the market is like today. they are on trial and have been found guilty of breaking the law.

      Also was not at least part of the reason for this trial that they broke their "probation" from previously being found guilty. If a regular person did this they probably wouldn't even get a second trial.
      But here is where the idea of corporations as "people" breaks down fundermentaly.

    10. Re:Let's not forget by abe+ferlman · · Score: 2

      Any chance of some substantiation of your claims?

      --
      microsoftword.mp3 - it doesn't care that they're not words...
    11. Re:Let's not forget by tswinzig · · Score: 2

      MS doesnt have a monopoly, and certainly not with XP. Ask RMS what OS he uses on his desktop PC. Or Malda, or Roblimo. Ask them how they can get the news, the weather, or listen to music. There is no MS Desktop OS monopoly any more. Its gone. Vanished. Quick as it came.

      I'm sorry, but this is the most naive, ridiculous statement I have EVER read on slashdot. And that is really saying something!

      So because a few nerds use Linux, Microsoft no longer has a monopoly? Buy yourself a dictionary,
      or a clue. I guess you've conveniently forgotten that before Linux there were plenty of other OS's on the market, including the far more popular Mac OS, and yet Microsoft maintained a monopoly on the desktop all those years.

      So please spare us from your Linux on the Desktop fantasy. In the real world, Microsoft still has the same monopoly they had a few years ago.

      --

      "And like that ... he's gone."
    12. Re:Let's not forget by hey! · · Score: 2
      Anyone can in civil court. It does in fact matter what the circumstances are at the time of sentencing. For example, even in criminal court - if I kill someone and get caught and am completely insane, and then go to trial - well if by sentencing I have been treated, medicated, and put into intensive therapy the judge considers those and adjusts the sentence as necessary. In 1995 there wasnt a credible threat to MS's monopoly if you believe it exisited, today, there is. Circumstances are different now than then.

      Uh, so MS was not responsible because it was able to act legally before, and now they've come to their right minds and should be forgiven because they'll do no harm?

      As long as we are arguing in analogies, I'd say the case is more like this: I was driving aggressively and crashed into you, totalling your car. Now I argue that I should not be liable for this, because you weren't really deprived of a car, you just went out and bought a new one. See, no harm done in the great scheme of things, right? That argument will be valid when you can buy your new car out of the great scheme of things rather than your personal wallet.

      My personal opinion is that the root of this problem is that we coddle white collar criminals. I'd be happy if there were no break up and no sactions, as long as anyone who willfully breaks the anti-trust law in the future does time. If I break into your house and steal a few thousand dollars of stereo equipment, I'll end up doing hard time. If I knowingly and wilfullly break the law with the purpose of destroying your business, ruinging the careers of thousands of your employees, and scattering millions of dollars of investments, I can get off scott free. At worst my stockholders will be left holding the bag, and that is not very likely at all. If I steal billions of dollars of benefit from competition from the public, it's treated as a victimless crime, because there are too many victims to count. If you believe in the deterrent power of jail time, here's a place to put that theory into practice, if ever!

      MS doesnt have a monopoly, and certainly not with XP. Ask RMS what OS he uses on his desktop PC. Or Malda, or Roblimo. Ask them how they can get the news, the weather, or listen to music. There is no MS Desktop OS monopoly any more. Its gone. Vanished. Quick as it came.


      Does MS take competition from Linux desktops into account when pricing XP? I didn't think so. Technically, then, MS has a monopoly. It has nothing to do with the existence of alternatives, and everything to do with the fact nobody can make money selling alternatives, no matter how good they are. (I don't count Macs here becasue they are hardware systems with the OS pre-installed, which is the only viable way of selling the OS.)

      Your Linux counterexample is really an example of good coming out of a bad situation. Who can compete with Microsoft selling desktop operating systems and office productivity suites? Nobody. Since competition on price and features is impossible, you have to literally give your work away in hopes of getting some scraps of support revenue. Why is Sun putting money into StarOffice? Because if they don't do something, MS is going to illegally leverage its desktop monopoly into servers and consulting services, and the DOJ will doesn't have the political will to stop them. Probably the same for IBM's billion dollar investment in Linux. If the DOJ doesn't do its job, then these giant companies must step up to bat, or else in the future there will only be one company that can provide software, computer consulting, and who knows what else.


      Futhermore, "bundling" isn't necessarily illegal even for monopolies. MS has the full right to extend the product to add new features. Elsewise, WinXP would be DOSXP.


      Necessarily is the right word. It isn't necessarily illegal, but it definitely is in certain cases. It's perfectly legal to come up with some great or not so great innovation on your own, and bundle it. That's competition. Nobody squawked when MS created the PDC/BDC architecture for NT servers. It's another thing to take an idea somebody has developed into a business, to copy the idea (thus far we're legal), use your unique position to give your knockoff product and inside track (probably not legal), to use your monopoly to threaten people who want to work with that other company (definitely not legal), and to give it away for the purpose of destroying that company (choking off its air supply) before it becomes a viable business that might compete with you a different business area (extremely illegal to use your monopoly postion to cut off competition in areas you don't have monopolies in).

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    13. Re:Let's not forget by FFFish · · Score: 2

      Flamebait?!

      Jesus Christ, is the American corporate media moderating Slashdot? Or is it the Political Contributions Machine itself doing the moderating?

      Those are the only two reasons that could explain why a post that says wrong is wrong: demand better from your leaders would be marked flamebait.

      Keep the masses uninformed, unquestioning, unthinking -- way to go, moderators!

      --

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    14. Re:Let's not forget by RandomPeon · · Score: 2

      You make it sound like the Adminstration is the sole branch involved in antritrust cases. The DOJ brings a suit, but a judge has to find in favor of the government's case. That's why we have an independent judiciary, precisely so things like you describe are prevented to greatest extent possible.

      Jackson is a Reagan appointee who has been described as violently pro-business. MS couldn't have gotten a more sympathetic judge under any circumstances. Unfortunately for Microsoft, anybody who spends a year listening to an explanation of their "business practices" would find them guilty, original prejudices aside. It didn't help when Microsoft, used to bullying competitors and ignoring what the market told them, used the same practices with a federal judge. FUD like "You can't possibly remove IE from Windows" may work in press releases, but it is a miserable failure in legal briefs. Did I mention Ronald Reagan, the late 20th century's most conservative political leader, appointed the judge who called Microsoft a criminal cartel??

      Microsoft, having realized they couldn't bully the judiciary, started making contributions, you're right. I don't think a company being investigated for these charges should be allowed to make campaign contributions, but that's the nature of the game. Politicians aren't allowed to accept contributions from racketeers or drug dealers or pimps in exchange for overlooking criminal behavior. Apparently companies hell-bent on destroying their competition and gouging customers instead of competing are a different story.

    15. Re:Let's not forget by sheldon · · Score: 2

      One of the most insightful comments I've read on /. for a long time.

      It's important to point out that Larry Ellison is a *HUGE* supporter of the Democratic party. He gave millions to the Gore campaign last year.

      Whose one of the biggest proponents of this anti-trust fight? Oh yeah, Larry Ellison.

      I agree, this case was primarily driven by politics.

    16. Re:Let's not forget by FFFish · · Score: 2

      Dammit, Jesus, I thought you were all-knowing!

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    17. Re:Let's not forget by Malcontent · · Score: 2

      As a percentage it's still insignificant.

      --

      War is necrophilia.

    18. Re:Let's not forget by Malcontent · · Score: 2

      "Market share does not determine monopoly status. Even if they had 100% of all desktops with sign of moving, they wouldnt necessarily make them a monopoly."

      Where do you get this stuff? Of course market share determines a monopoly. I forget the exact number but legally it's somewhere around 80%. It's not illegal to be a monopoly but it's illegal to abuse that monopoly.

      Now despite your ridiculus claims two courts have decided that not only is MS a monopoly but that they have abused that monopoly and have caused harm to the public at large. Thus they are going to be punished.

      Now in this case they are getting a wrist slap which will be ineffective punishment. They will simply ignore this consent degree just like they did the last one. They have no morals or ethics or a sense of responsibility to the public at large. They are also above the law and now can do anything they want.

      Bill Gates can rape Dubyas daughter and snort coke off of dubyas ass in front of the supreme court and he would be offered a ride home by the secret service. That's the kind of a justice dept he bought.

      --

      War is necrophilia.

  5. 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
    1. Re:fool me once... by Merk · · Score: 3, Informative

      Actually they're nowhere near the richest company in the world. They're number 201 on the fortune 500 list.

      With revenues of only $22,956 million a year, they're a tenth the size of Exxon Mobil, Wal-Mart or GM. The top 3 on the list.

    2. Re:fool me once... by ChadN · · Score: 2

      Where are they on the list of yearly profits? Just curious.

      --
      "It's overkill, of course. But you can never have too much overkill." - Anonymous Slashdot Coward
    3. Re:fool me once... by Alex+Belits · · Score: 2

      Revenue != profit. Even Webvan and pets.com had revenue.

      --
      Contrary to the popular belief, there indeed is no God.
    4. Re:fool me once... by mpe · · Score: 2

      When you're the richest company in the world, you start buying your politicians from the top and work your way down.

      Except that Microsoft isn't either the richest or the biggest company. What they may well be is the most powerful, since their monopoly potentially gives them the ability to dictate even to companies larger than themselves.

    5. Re:fool me once... by SEWilco · · Score: 2
      You also buy your press coverage. The AP article said:
      "...a pro-Microsoft trade group, the Washington-based Association for Competitive Technology, said only Microsoft's competitors don't want to see a settlement."
      This did not mention that the ACT gets money from Microsoft. Oracle said a while ago:
      "Microsoft also funded the Association of Competitive Technology for the same exact purpose (of being a front group)."
  6. Feds to MS: We're sorry...Let's make up by Karl+Cocknozzle · · Score: 2, Insightful

    My first reaction to the remedies in the story: The least that could have happened was some sort of prohibition against any future leveraging with Windows. Way too light. These remedies don't even qualify as a slap on the wrist.

    Microsoft's comments that they "wouldn't accept any prohibitions against bundling new features into windows" seem to indicate that they will continue their predatory business practices in the future.

    The feds are really bending over and mooing on this one, cash whores that they are. Look on the bright side, though: They could've offerred to pay MS' lawyers fees too.

    --
    Who did what now?
    1. Re:Feds to MS: We're sorry...Let's make up by ethereal · · Score: 2

      I think the problem with making a convincing "bundling == bad" argument is that the timing and manner of the bundling are more important than just the fact of bundling, and it's not the bundling itself but the combination of bundling on top of another existing monopoly which is actually illegal. For example, no one should complain about an integrated calculator or notepad at this point in time; that ship has sailed and it would obviously make your OS less competitive to ship without it. At this point in time, even shipping without a web browser (integrated or not) would be a mistake.

      But let's look at the media player market, for instance. There is currently a fair amount of competition in that market still. Using the monopoly of the Windows platform to distribute Windows Media Player to consumers is effectively using an existing monopoly to try to create a new monopoly. Based on the timing of the move, the monopoly that Microsoft already has, and the monopoly that it is aiming for, that is what makes bundling of Windows Media illegal right now. In five years such bundling probably won't be illegal anymore, and you can honestly say "but Linux ships with an integrated Media Player, how can you ask Microsoft not to?"

      The fact of the matter is that using an existing monopoly (however acquired) to create another monopoly is illegal. Microsoft has done this again and again, they are still doing this, and they will continue to do so until actually punished properly. The standards for what a monopoly may do in its business actions are tougher than the standards for non-monopolies. This is in the interests of consumer protection, and this is why you can't just say "but Linux does the same thing" - if Linux were a monopoly, then maybe that counterargument would make sense.

      And all this is beside the issue of Microsoft bullying OEMs - another case of monopoly abuse which in itself should be enough to provide for a multi-billion dollar fine or a breakup. I can't believe the U.S. government caught Microsoft fucking making up evidence in its courtrooms and couldn't finish driving the stake. God, I'm disgusted right now.

      --

      Your right to not believe: Americans United for Separation of Church and

    2. Re:Feds to MS: We're sorry...Let's make up by tb3 · · Score: 2

      Citing your phrase "disentangle the browser from the OS"--I'll just note that I think it's interesting that other systems, notably KDE are doing the exact same thing--integrating the browser and OS. Konqueror is more than just a internet browser, it's a file browser, and so on. Should KDE be forced to disentanle their browser from KDE? heh, or should Mozilla be forced to disentangle the OS from the browser? ;)

      Oh, come on. You've either missed the point completely, or you're playing semantics. KDE is not an operating system; never labeled as such; never claimed to be. There is absolutely no issue at all with a multi-featured shell whem you have alternative shells. Don't like KDE? Use Gnome. Use bash, emacs, MC, and lynx. In the MS world, the shell is tied to the OS and the browser is tied to the shell. Or maybe 'bound'is a more accurate term.

      --

      www.lucernesys.comHorizon: Calendar-based personal finance

  7. 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 sconeu · · Score: 2

      So, if I break the law, and am found guilty, I'm free to negotiate a sentence that doesn't punish me at all?

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    3. Re:huh? by Codifex+Maximus · · Score: 3, Interesting

      >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.

      Hmm... I don't know about you but... where I come from - if you violate probation... they put yer ^&(^*! in jail.

      So, if Microsoft violates probation then they should be stiffly fined and or have their requirements expanded in scope.

      --
      Codifex Maximus ~ In search of... a shorter sig.
    4. 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.

    5. Re:huh? by mpe · · Score: 3, Insightful

      Hmm... I don't know about you but... where I come from - if you violate probation... they put yer ^&(^*! in jail.

      You certainly don't get a secont trial and more probation

      So, if Microsoft violates probation then they should be stiffly fined and or have their requirements expanded in scope.


      Except that a fine isn't analagous to jail. You'd want something more like freezing of all assets and suspension of corporate charter.

    6. Re:huh? by warpeightbot · · Score: 2
      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.

      And remember what they did to OJ after the criminal trial was over.... the civillians (read here, other companies, like Sun and Oracle and Netscape/AOL/TimeWarner/TheOtherEightHundredPoundG orilla) sued the bejeezus out of him.

      Which is exactly what I predict that McNeally, Case, Ellison, et alia are planning to do; they probably have lawyers with briefs all ready to go.

      --
      Do not taunt Happy Fun Ball

    7. Re:huh? by twjordan · · Score: 2
      This is no different from the way we treated Argenbright Security after they continued to hire criminals as security personel in sensitive airport security positions. They were on 5 year probation and the gov gave them 2 more years. What happened to the corporate death sentence?!?


      Get tough on corporate crime, revoke the corporate charter!


      tony

  8. Re:would a breakup be better? by Ghoser777 · · Score: 2

    If I'm reading you correctly, you're arguing aganst user friendlyness. Like my grandma should be able to open up a terminal and start making some bash scripts. There's a lot of people who have tons of problems with a GUI metahpor, let alone the scary commandline.

    I think this is more Linux's problem than Apple's and Microsoft's (although Linus would probably argue that this isn't a problem at all, because, atleast this is what I've been hearing, he's not interested in taking down microsoft and colonizing home computers with linux for every day Joe's).

    F-bacher

    --
    James Tiberius Kirk: "Spock, the women on your planet are logical. No other planet in the galaxy can make that claim."
  9. Wow! A Consent Decree by slickwillie · · Score: 5, Insightful

    Bill wiped his ass with the last one.

  10. 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...

  11. Office formats? by bwt · · Score: 2

    I can't really tell if this will make it easier for people to get information about the S Office file formats.

    In my mind, when the various open source office suites can read and write MS Office fluently, then there will be a real choice on the business desktop. Open Office can hold a conversation, but it isn't fluent.

    It also doesn't say anything about Java. One of the specific findings was that MS was anticompetitive by deceiving developers with its embraced and extended Java. I think they should be forced to include a Java VM in their browser.

    1. Re:Office formats? by Osty · · Score: 2, Informative

      I can't really tell if this will make it easier for people to get information about the S Office file formats.

      In my mind, when the various open source office suites can read and write MS Office fluently, then there will be a real choice on the business desktop. Open Office can hold a conversation, but it isn't fluent.



      See, the anti-trust trial was not dealing with Microsoft Office, or their perceived monopoly in the office suite application space. Therefore, any remedy addressing Office would have been extraneous to the suit, and would not have been accepted by Microsoft. Furthermore, ther DOJ and Attorneys General know this, and thus would not have suggested such a remedy in the first place. The compromise addresses Windows (via OEM licensing practices and bundling of things like Media Player) and IE (opening of some of the source code, supposedly) because those were the two things the suit was concerned with (Microsoft leveraging its Windows monopoly via OEMs to push their internet browser to kill Netscape).


      Having a monopoly IS NOT WRONG. It's not bad, and it's NOT illegal. Abusing it is. And when such an abuse occurs, you address that abuse, and that abuse only. It doesn't matter whether Microsoft happens to have a monopoly in the office suite space, because that had no bearing on the browser market. Period. Case closed.

    2. Re:Office formats? by Rogerborg · · Score: 2
      • when the various open source office suites can read and write MS Office fluently, then there will be a real choice on the business desktop

      Try StarOffice 6 beta 3. You might be very pleasantly surprised.

      --
      If you were blocking sigs, you wouldn't have to read this.
    3. Re:Office formats? by Dr.Dubious+DDQ · · Score: 2
      Having a monopoly IS NOT WRONG. It's not bad, and it's NOT illegal. Abusing it is.

      Exactly. It's a bit like being a parent, in a way. It is perfectly legal and reasonable to maintain a "monopoly" on what your children are allowed to do, including restricting their ability to leave the house. It is not, however, legal or reasonable to lock them in a closet for a week or to beat them with baseball bats.

      Granted, that's a somewhat melodramatic analogy, but it does illustrate the difference between having and using power and abusing power...

    4. Re:Office formats? by dhogaza · · Score: 2

      Unfortunately, I was unpleasantly surprised, as my hopes were high. The first RFP from a potential client I fed through the latest Star Office beta was barely readable.

    5. Re:Office formats? by Syllepsis · · Score: 2

      Maybe a bit off topic, but arent file formats for things like office documents becoming obsolete with XML?

      I would hope so.

  12. Trick or Treat by Dracos · · Score: 2, Informative

    How telling is it that this happens on Halloween, under a full moon?

  13. ...and in other news... by vsync64 · · Score: 2, Funny

    ...all the "sign out" buttons on Hotmail have just transformed into XP-looking ".net sign out" buttons.

    --
    TO BUY A NEW CAR WOULD MAKE YOU SEXUALLY ATTRACTIVE.
  14. 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.
    1. Re:Shameful by bfree · · Score: 2
      Yeah, Bill Gates, Steve Ballmer and Paul Allen.

      I was thinking Richard Stallman, Bruce Perens and Linus, just imagine the fun and flamefests:-) Or perhaps Steve Jobs, Eric Raymond and Maddog or ...... If the three people are chosen correctly AND they have the power to enforce anything it could be funny to watch. I suppose they should really pick a Mac and *nix member and then perhaps a Borland person (or some other non-MS based windows developer).

      --

      Never underestimate the dark side of the Source

    2. Re:Shameful by Black+Parrot · · Score: 3, Interesting

      > Watch concerns over "the economy" and vague "terrorist" tie-ins put the brakes on the states actions.

      Too late:
      U.S. District Judge Colleen Kollar-Kotelly, the new trial judge, had set a deadline of Friday for any settlement, citing ``the recent tragic events affecting our nation.''
      Once more, the "national tragedy" is invoked as an excuse to give the powerful what they want.
      --
      Sheesh, evil *and* a jerk. -- Jade
    3. Re:Shameful by jejones · · Score: 4, Funny
      "Microsoft officials also have warned they wouldn't accept any broad prohibitions against bundling new features into Windows."

      Gee...if I'm ever found guilty of a crime, will I get to tell the court what penalties I find unacceptable?

      You're right. "Putrid" doesn't even begin to describe it.

    4. Re:Shameful by ocie · · Score: 2

      I'm picturing a cross between Bart Simpson and Bill Gates writing on the chalk board:

      I will not use a monopoly in one area to create a monopoly in another area.

      That's about all this ammounts to: "I didn't do it, nobody saw me, you can't prove anything."

      --
      JET Program: see Japan, meet intere
  15. Don't Forget... by PRickard · · Score: 2

    Don't forget that this is just a settlement with the federal government. About half the states have been very unhappy with how the US DoJ handled its case and have split with it and the other states in order to continue pushing forward. This isn't done yet, although unfortunately the chances are very slim of it going anywhere else with just the states involved.

    --

    == Paul Rickard, Editor of The Microsoft Boycott Campaign ====

  16. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  17. Re:What is the sound of one hand slapping? by Darth_Burrito · · Score: 2, Funny

    The sound of the worm wriggling off the hook and into millions of Outlook clients.

  18. Short on details but sounds like crap by Anonymous Coward · · Score: 2, Interesting

    As long as computer manufacturers can't ship a dual boot system with Windows on it (with no "price incentive" to ship single boot), the DOJ has failed.

    "Microsoft officials also have warned they wouldn't accept any broad prohibitions against bundling new features into Windows."

    Since when does the party found guilty in a criminal case get to set terms on the sentence? This is crap!

    "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."

    Again, this is crap! Like every other product on the planet, more features should cost more or the same and the only discounts should be based on quantity.

    1. Re:Short on details but sounds like crap by Moridineas · · Score: 2, Insightful

      No computer maker in their right mind would ship dual-booting computers. They already have to provide technical support for windows (as well as greatly customized software solutions).

      Can you see Dell et al. getting calls from Grandma and Grandpa asking where their windows was and what this penguin was??

      Scott

    2. Re:Short on details but sounds like crap by bfree · · Score: 2
      Any sane manufacturer would ship a system with 3 OS installs.
      1. Windows blah
      2. Linux/Hurd/BSD or whatever they like best themselves
      3. Read-only Linux/Hurd/BSD ... which is used to verify the hardware is operational and to run utilities on the other OSs like checking the disk or re-installing/ghosting.

      Now it could all be done by providing bootable CDs (but what if the CD drive fails) but if you give people the ability to boot a second OS, many people will end up giving it a go and perhaps using it seriously when their windows goes pear-shaped (how many people have you told to re-install windows today?). And as for hardware diagnosis it would be godly for the Dell's of this world who can tell people that "No, your X is working perfectly, I am afraid you will need to fix windows or re-install/restore it from your backup (you do have archived backups from before the problem arose don't you)"
      --

      Never underestimate the dark side of the Source

    3. Re:Short on details but sounds like crap by sethg · · Score: 2
      Back when Be was a going concern, they offered to license BeOS for free to any OEM willing to make dual-boot Windows/Be systems. Only one took them up on it ... and buried the instructions for how to make it boot Be in a place where few consumers were likely to find it.

      Rumor (as reported in Byte a while back) has it that Microsoft leaned on the OEMs, telling them that if they accepted Be's offer, they could kiss their Windows licenses good-bye.

      --
      send all spam to theotherwhitemeat@ropine.com
    4. Re:Short on details but sounds like crap by NutscrapeSucks · · Score: 2

      Microsoft, as usual, is stupid. They should have just kept their yaps shut and then BeOS could have died on it's own merits. Now they'll have Gasse running around SV telling everyone how mean they were until the end of time.

      (BeOS was cool, Be Inc. was retarded. Ignore high dollar 'media' verticals and go for a "co-exist with Microsoft on the desktop" strategy?!? They don't even sell crack that cheap in my ghetto.)

      There might be a very small market for preinstalled dualboot machines, but 99% of the customer don't want it, and it WILL increase support costs. Nothing comes for 'free'.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
  19. Tentative Settlement by Hostile17 · · Score: 2

    What Tentative Settlement, who is to be bribed and how big the bribe is will be.

    --
    Fascism should more properly be called corporatism, since it is the merger of state and corporate power - Benito Mussoli
  20. Another consent decree? by mjh · · Score: 2

    Didn't we have one of those already? And wasn't a huge part of the case that Microsoft blatantly disregarded any of the terms of that consent decree?

    There's something rotten in Denmark.

    --
    Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
    1. Re:Another consent decree? by Codifex+Maximus · · Score: 2

      Heh yeah, I'll tell you what we need... Consent Decree Toilet Paper because that is all it's good for. As a previous poster said (not verbatim), "Bill Gates wiped his *^(*&%^*! on the last one."

      --
      Codifex Maximus ~ In search of... a shorter sig.
  21. And the Panel will be: by UserChrisCanter4 · · Score: 4, Offtopic

    Linus
    RMS
    Steve Jobs

    We'll take care of this monopoly business in no time.

    1. Re:And the Panel will be: by Hostile17 · · Score: 2

      More Likely, Michael Dell and other Microsoft cronies will be named.

      --
      Fascism should more properly be called corporatism, since it is the merger of state and corporate power - Benito Mussoli
    2. Re:And the Panel will be: by Paul+Komarek · · Score: 5, Informative

      I don't trust Jobs, and really wouldn't want Larry Ellison on this panel (or Michael Dell, or Mike Cappelas, or ...). However, I have an idea of my own for one member of the panel: Monte Davidoff.

      Monte was one of the three authors of the famous Altair Basic that Gates and Allen get credit for. Monte evidently wrote the math routines. He's now a software and systems consultant (Alluvial Software). It appears he does works on several platforms, including Multics. ;-) Furthermore, Monte actually finished his mathematics degree at Harvard, unlike Bill Gates.

      He knows the business, and more importantly, he knows Bill.

      -Paul Komarek

    3. Re:And the Panel will be: by ReelOddeeo · · Score: 2

      Bill Gates
      Steve Ballmer
      Craig Mundie

      --

      Those who would give up liberty in exchange for security and DRM should switch to Microsoft Palladium!
  22. 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
    1. Re:Where's the penalty? by sheldon · · Score: 2

      Of course one of the questions I've asked that's never been answered...

      Where's the damages?

      I've yet to see any valid numbers that show customers have been harmed by Microsoft's monopoly. Yet you can build quite a substantial case for exactly the opposite, that customers have benefited over the past several years as a result.

      A penalty should fit the crime.

    2. Re:Where's the penalty? by Merk · · Score: 2

      Depends on what you mean by harm. If a bully demands your lunch money every day for "protection" and you always pay, and are never attacked -- where's the harm?

      If you can build a substantial case for how consumers have benefited from Microsoft's monopoly, I'd like to see it. What benefits could consumers have received? It's not like the price of Windows has gone down, or you've received a "good deal" on software from Microsoft.

      The main damage I see to consumers is in the lack of alternatives to MS software. If they want a stable, user-friendly, consumer OS that runs on PC hardware, what choices do they have? If they want a word processor that produces decent HTML, what can they use? This is all due to having to use mediocre MS software. This is a direct result of the MS monopoly, and of their illegal tactics used to maintain that monopoly.

      I agree the penalty should fit the crime. Since the crime that they have been found guilty of committing is "violating anti-trust laws", a.k.a. illegally maintaining their monopoly, they should lose the ability to do these illegal things. In other words, they should lose their monopoly. A fair settlement would be 100% disclosure on Windows APIs, limited source code releases (with no restrictions), and the breaking of their illegal deals with PC manufacturers.

    3. Re:Where's the penalty? by Sabalon · · Score: 2

      Knowing MS, they'll smile and say they are glad to open up IE. Then they'll give the source for the menu's favorites and the wrapper around the Microsoft HTML Control. Oh that...that's a part of the OS - we don't have to share that with you.

    4. Re:Where's the penalty? by sheldon · · Score: 2

      I'm sorry if the competition has not been able to create a stable user-friendly consumer OS, or a word processor that produces decent HTML.

      But fortunately we have the high-quality software from Microsoft to fill that void.

    5. Re:Where's the penalty? by sheldon · · Score: 2

      Windows XP Professional Upgrade $199

      Redhat Linux 7.2 Professional $199
      http://www.redhat.com/marketplace/entry/7/index. ht ml

      Interesting how a FREE OS can cost so much!

  23. Comment removed by account_deleted · · Score: 4, Informative

    Comment removed based on user account deletion

  24. Comment removed by account_deleted · · Score: 2

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  25. You are all in denial by Ars-Fartsica · · Score: 2
    So far I see posters in glee over the hope that the states will break up MS, the XP will be Bill's ruin, and all sorts of other inane fantasies.

    Get real folks, Microsoft is more powerful than ever. This only solidifies their empire. They are the world's most powerful corporation by a long shot, and they have almost a complete stranglehold over the consumer computing experience.

    For consumers, its boiled down to two choices - AOL or Microsoft. Take your pick, everyone else is chump change at this point.

    1. Re:You are all in denial by z4ce · · Score: 2

      Actually, GM is probaly the worlds most powerful corporation. It employees the most people and has the most revenue. Heck, its revenue rivals the GDP of Sweden! Heck, I bet that Philip Morris has more 'power' than Microsoft.

      Now, if you're talking about power in the computer industry, yes I would agree it's the most powerful. However, AOL also has a lot of power, however they don't control the platform. It kind of reminds me of the TMBG poll on slashdot some time ago asking "Who is the most powerful?"

      Ian

    2. Re:You are all in denial by Ars-Fartsica · · Score: 2
      Actually, GM is probaly the worlds most powerful corporation. It employees the most people and has the most revenue

      BZZT! Walmart employs three times as many people (1.2 million compared to 380k at GM).

      GM has huge revenues, (WMT is near but a little less), but WalMart and many others have vastly more income than GM. Walmart hd income of 3 billion, GM has 386 million in the last recorded quarter.

    3. Re:You are all in denial by Ars-Fartsica · · Score: 2

      Who are all union workers who are all Democrats. Their political power during a Republican administration is nonexistant.

  26. No it's not flaimbait. It's just factfree! by glrotate · · Score: 2, Insightful
    Both Al Gore and George Bush stated during the campaign that they were opposed to the suit. Is that really so hard for you people to accept?

    "Bush, more so than any administration I can remember, is for sale."

    So you can't remeber all the way back to '96 and the Buddhist Monks? Or the White House coffees? Or renting out the Lincoln Bedroom? Or the donations from the Chinese military, Or the money from the Lippo group? Or the money from Loral Aerospace or the ....

    "he instructed to courts to back down"

    The president can't instruct the courts to do anything. You obviously han't mastered basic civics. Given that I'll take your up for sale comment as drivel.

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

    Comment removed based on user account deletion

  28. 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
  29. Re:Voting Ain't What It Used To Be by big.ears · · Score: 4, Offtopic

    Elections can be fixed. Like the last one.

    I thought the last election was broken, not fixed.

  30. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  31. Worthless by jmd! · · Score: 2

    From the way the NYTimes article is worded, sounds like only major corporations will have access to the technical documentation. Independant projects like Samba wouldn't be included.

    No deals with OEMs is great, but I'm SURE they'll still do it...all it takes is one guy with a suitcase full of $100s.

    What a worthless trial that was. Thanks Bush. Fucking asshole. Oh well, maybe the terrorists will get him. Or Gates.

  32. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  33. 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.

    1. Re:How 'bout this by squiggleslash · · Score: 2

      If you punish a company which has pretty much complete flexibility over prices, such as a monopoly, by fining it, it will merely pass on that fine to its customers. I believe that's what Microsoft would do. To be honest, if we're going to do consent decrees, I think the usual rules which would be applicable in any other agreement blessed by a court should apply: Namely, if Bill or Steve break it, Bill or Steve spend time in a cell for contempt of court. I'm pretty much 100% certain that Microsoft would change its behaviour radically if the threat of real penalties to actual people, rather than virtual penalties to hypothetical entities, existed.

      --
      You are not alone. This is not normal. None of this is normal.
    2. Re:How 'bout this by unitron · · Score: 2
      "And the customers will accept the higher prices."

      Ah, but will they? We are already starting to see companies think twice about staying on the Microsoft upgrade track (which is also a hardware upgrade track whether you like it or not), so MS has to be a lot more careful about jacking up their prices than they used to be. They can't make box builders like Dell, IBM, etc. pay a lot more for OEM licenses without getting them started thinking about going to another OS to keep the total retail cost down so that they don't convince customers not to buy a new computer from anybody. The current economy has people looking at prices a lot more closely, and MS can only jack them up just so far before even the hardest core MS fan decides that they'd like to have some money left over for frivolities like food and shelter. If the price of gasoline went to $25 per gallon tomorrow morning wouldn't you start seriously looking for an alternative to the internal combustion engine as we currently know it?

      --

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

  34. Yes by matty · · Score: 2

    Ask any one nerd (myself included) what transgressions Microsoft is guilty of and they could go on for hours. And that's just from surfing the web in their spare time.

    If you have 3 full-time paid professionals reading articles, interviewing competitors and reviewing Microsoft's business plans, that's more than enough resources to keep track of them.

    1. Re:Yes by Twanfox · · Score: 2, Insightful

      Keep track of them, sure. But what do they do with them once they find them? What other little perversions of their monopoly have they instituted beneath prying eyes and away from public view? It wasn't til the trial that it came to light that Microsoft used it's licensing deals with OEM's to basically punish those that didn't play nice with their wants, and to institute the 'Windows Tax' we're so familiar with now.

      This is basically a sham deal. As people point out, they are Guilty of using a monopoly position and leveraging their competition out. That stands firm. Probation is the equivilent of a light slap on the wrist, and a warning not to blatently abuse people anymore (though subtly doing so is ok)

  35. Re:Bush has a MBA from Harvard, what about you? by themassiah · · Score: 2, Interesting

    I think that might be the EXACT problem. BUSINESS. Not GOVERNMENT. The Nation is *NOT* a corporation, don't treat it like one!

    --
    - Sometimes you're the pidgeon, sometimes you're the statue.
  36. Besides by matty · · Score: 2

    I don't exactly call IBM and their $1 billion budget "a scattered group of people".

    1. Re:Besides by matty · · Score: 2

      Gawd, I can't believe I'm even replying to you, but I can't help it.

      link...

      link...

      link...

      Yep, looks like $1 billion spent only on Linux to me. Just go to google.com and search for "ibm billion linux" and you'll find literally dozens more articles discussing it. Seems that, since you're a Slashdot regular, you'd have your facts straight on this particular issue.

      LNUX (linux) stock tells the story right there.

      Yeah, right, the stock price of one company sure tells the whole story, doesn't it? Yes, Mr. Canada, I know, several Linux-based companies have seen their stocks go in the tank. Everyone know that people are still trying to find the right business plan. It's no piece of cake trying to sell free software. (although IBM seems to be doing all right. They're selling TONS of server hardware with Linux on it)

      People should do what a friend of mine is doing: put together complete, custom solutions that specifically fit their customers' needs. With the thousands/millions saved using OSS (you saw the Amazon.com article, right?) they can pretty much charge what they want.

      Ahhhh, I'm probably just talking to a wall, here...

    2. Re:Besides by weave · · Score: 5, Funny
      I wonder how much of that billion went to fund those stupid codernaught commercials. My god were they bad.

      Now the current commercial where a room full of mainframes are replaced by a single box running Linux by IBM, now that is good.

    3. Re:Besides by matty · · Score: 2

      It should be noted that IBM probably spent more than a Billion on Windows 2000

      Quite true, I'm sure. I wasn't trying to imply that IBM was supporting Linux more (or less) than any other OS, I was just refuting someone else's claim about Linux being "a scattered group of people." IBM certainly doesn't fit this description.

      ...it's not going to radically change Linux's standing in the world.

      I must respectfully disagree. Just stamping IBM's name on a server running Linux makes a huge difference to the lion's share of IT PHB's out there. And with them spending (more or less) the same amout of resources on Linux as Windows, I really feel that Linux has been turbocharged, at least in the enterprise server space.

  37. Re:Clinton Administration... by Ars-Fartsica · · Score: 2
    The bottom line is the government has no interest in shutting down MS in any real capacity. Why would they? Microsoft is an American company employing taxpayers and paying vast corporate taxes.

    Remember also that the government uses Microsoft products. They have no interest in turning off what is eventually going to be their biggest IT supplier, if Microsoft is not already.

    Its pure fantasy to believe that the government ever had any real notion of destroying this company...they know that Microsoft has wormed itself far too deep into American consumer life to be yanked out violently. We're just going to have to live with them until something better comes along that consumers actually spend money on.

  38. Re:ugh by sconeu · · Score: 2

    Because, fool, legally, they do have a monopoly. The Findings of Fact were upheld.

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  39. What did you expect? by Ars-Fartsica · · Score: 2, Troll
    Did you expect the feds to shut off the supplier of software to 92% of the nations' consumers? Not to mention a huge supplier of software to the government. Not to mention a huge source of corporate tax revenue that employs top-margin taxpaying voters.

    Did you think they would rip all of this apart to save companies like VA Linux and Novell?

  40. Halloween Story by calags · · Score: 2, Insightful

    This has got to be the scariest story I've heard this Halloween.

    Evidently Microsoft manage to "Trick" us all by providing "Treats" to the right politicians.

    --
    Never attribute to stupidity what can be construed as a monopoly preservation tactic.
  41. Monopoly by matty · · Score: 5, Interesting
    Simple definition of Microsoft's monopoly for those that just don't get it yet

    First, read this.

    Now, imagine if the hard drive maker, or the memory maker, or the video card maker (etc., you get the point) tried to do the same thing? Compaq would have dumped them in a second and gone to a competitor.

    Now, listen carefully:

    THEY CAN'T DO THAT WITH WINDOWS BECAUSE THERE IS NO OTHER CHOICE!!! If they dumped Windows and went to Red Hat instead, they would GO OUT OF BUSINESS! And they know it all too well.

    This is precisely what is a legal definition of a monopoly (as opposed to an absolute monopoly. Many people say Microsoft doesn't have a monopoly because you can buy a copy of Red Hat and install it. These people are confusing a legally defined monopoly with an absolute monopoly like what AT&T had.)

    It's technically legal for Microsoft to have this monopoly, but it's illegal to abuse it by forcing other products down computer manufacturers throats (First Explorer, Office, MSN, now Windows Media Player, Windows Messaging, etc.) or to tell them they can't sell computers with 2 operating systems or with no OS or any of the other dozens of things that Microsoft does that they couldn't do if there were any REAL competition in the desktop OS market.

    Some folks say that Linux is now to Microsoft what AMD is to Intel. This is simply not accurate for one simple reason: AMD processors run ALL the same software that Intel processors do. If you have an Intel processor, you can simply replace it with an AMD one (yes sometimes you need to replace the motherboard and perhaps the memory) without changing ANY of the software on your computer.

    Linux DOES NOT run the same software as Windows. Why is this? Well, Microsoft's license agreements say that you agree to not reverse-engineer their software. If you don't agree to the license, you can't use it (legally). Hmm, let's see, it's legal to reverse-engineer Intel processors, but not Microsoft operating systems. How nice for Microsoft.

    To all you Microsoft apologists out there: Do you REALLY want Microsoft in control of EVERYTHING to do with computing? Because, without the anti-trust case, that's exactly where we'd be heading. Without this "government interference", every computing experience would be handled by Microsoft. We'd all use Windows, Explorer, Office, MSN, Media Player, Windows Messaging, Passport, etc. and then Microsoft could charge whatever they want for all this. Not true, you say? You don't think that Microsoft would "encourage" ISP's to only support IE? You think any web pages created with Microsoft Front Page would be readable in Netscape?

    Also, without "interference", NONE of the major companies currently supporting Linux to varying degrees (IBM, HP, Compaq, Dell, etc., etc.,) would have had anything to do with Linux. The repurcussions from Microsoft would have been much too severe.

    Not to mention all the security problems that would arise out of all of this. Melissa/Love Bug/Sircam/Code Red anyone?

    1. Re:Monopoly by krmt · · Score: 2

      I don't know what you're talking about. Maybe I'm really just "missing" the whole point, like you say, but I fail to see the computing world as a choice between AOL and Microsoft in a winner-take-all grudge match. AOL simply does not have the stranglehold on media that MS has on operating systems. If you don't like Time Magazine, you can easily go and buy U.S. News and World Report and get just as much good content with no additional difficulty.

      And, more to the point, how many people use AOL as an ISP? How many people run Windows as their primary OS? See the ratio difference?

      That's the crux of the matter. AOL, while big and threatening, isn't crushing things in nearly the same way as MS. Your dialectical view on this is a little shortsighted.

      --

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

    2. Re:Monopoly by squiggleslash · · Score: 2
      AOL may be a megacorporation intent on taking over the world, but in all but one area they are no monopoly:
      • They are not a monopoly in the ISP or IAP markets, having competition from everyone from MSN to thousands of independent ISPs and independent portals such as Yahoo
      • They are not a monopoly in the TV world. WB competes with UPN and the networks, CNN competes with MSNBC/CNBC and Faux News, TNT/TBS competes with USA, TNN etc.
      • They have a limited monopoly in broadband services in some areas, but competition (now) from Satellite in those areas they operate limits the extent to which they can abuse it, and they have no control over the broadband market in the US as a whole. In any case, cable TV really isn't exactly an important item, having a monopoly on cable TV isn't much better than having a monopoly on the sale of chocolate covered peanuts.
      • They are not a monopoly with their browser Netscape, indeed, they even make their IA client use their biggest rival which has approximately 8x the market share. Indeed, decisions they've made concerning the future direction of the browser (such as the crap about Back/Forward and the no-cache flag) seem to be being made on the basis of Microsoft's decisions, demonstrating that for practical purposes, it is Microsoft that has the monopoly - it has control over the entire, Intel and non-Intel alike, browser market.
      • Time magazine is certainly not the only printed weekly news magazine on the planet
      • Warner Brothers is one of many, many, film studios. Now if you want to talk about the MPAA, of which WB is a member and contributor, having a monopolistic cartel, that's another matter... but AOLTW is, nonetheless, merely a member.
      AOLTW, for now, can do whatever it likes. The US government can't really claim they're anything other than an organisation to watch for trouble from. Microsoft OTOH does hold a monopoly, that of the Intel based PC operating systems market. This is significant because in every other respect, that market is supposed to be open. People who "choose" to get OSes other than Windows will generally find they have to go through hurdles to avoid purchasing Microsoft products anyway, and will have their ability to interoperate with other computer users impeded. That's the difference. I don't think AOLTW has a 90% market share of anything significant, and long may that be the case.
      --
      You are not alone. This is not normal. None of this is normal.
    3. Re:Monopoly by tshak · · Score: 2

      (First Explorer, Office, MSN, now Windows Media Player, Windows Messaging, etc.)

      What's wrong with packaging a browser, media player, and messaging with their OS? Apple does the same thing - and I can tell you, it's nice to install OS X and have quicktime already installed. These are all common tools (such as Dial Up Networking) that should be packaged and yes, may replace commercial versions (Trumpet Winsock anyone?). The Internet and moreso the web is such a central part of computing (read: that's the primary reason people but PC's), it would be idiotic to NOT ship with a browser. I can still download Netscape - but I don't want to because it's slow and useless to me (the real reason it failed). The average consumer want's something to WORK, and Microsoft is responsible for that, therefore they use they're browser (what a concept - they control what they're responsible for).

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    4. Re:Monopoly by dachshund · · Score: 2
      You can package anything you want with your OS, as long as you don't have a monopoly, and you're not using your monopoly power to shut out competitors (which Microsoft has succeeded in doing, and made it clear was their purpose.)

      Take a look at some of the robber-baron anti-trust cases from the earlier part of this century. Essentially, one big company started offering services that were controlled by smaller, competing companies. Because the larger company offered the services at an artificially low price, or offered them in combination with necessities like monopoly-controlled train access, or even forced people to use their services as a price of doing business, the smaller companies went out of business (or sold out for peanuts.) Then there were no competing companies, which we (as a society) have decided is a lousy situation. That's why we have anti-trust laws.

      What's wrong with systematically including some equivalent of every 3rd party software package with your OS? Well, think about it. What if you were a software vendor, reliant on the Windows-using public. MS has the ability to decimate your company's profit margin by "dumping" a free version of your product to all of your users-- you can't afford to give it out free, and you can't enjoy the sort of default distribution they can, with their monopoly control of the OS.

      We have laws against this sort of behavior in the physical world because it leads to ugly monopolies.

      In time, any company so targeted will likely go out of business, leaving us with a large company with a broad software and services monopoly, which either abuses customers, or gets spectacularly broken up. The goal of this case is to avoid those two messy outcomes.

    5. Re:Monopoly by mjh · · Score: 2
      To all you Microsoft apologists out there: Do you REALLY want Microsoft in control of EVERYTHING to do with computing? Because, without the anti-trust case, that's exactly where we'd be heading. Without this "government interference", every computing experience would be handled by Microsoft. We'd all use Windows, Explorer, Office, MSN, Media Player, Windows Messaging, Passport, etc.

      Which is precisely what all the M$ apologists want. They think that homogenius OS environment will solve more problems. Suddenly data interchange isn't a problem. You don't have to worry about compliance to standards. Everything already speaks the same language.

      You're not going to convert someone who wants to go to Las Vegas, by saying, "Hey buddy, you'd better get off that road. You're headed straight for Las Vegas." You have to convince them that what they want really is bad in the long run.

      $.02

      --
      Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
    6. Re:Monopoly by Chris+Johnson · · Score: 2
      Man... (+1 Insightful, virtual moderating point ;) )

      And also, there comes a point when things are not subjective. If someone thinks concrete is squooshy and makes pillows out of it, they can believe all they want that concrete is squooshy, and they can ban all non-concrete pillows, and they can claim that non-concrete pillows are bad for capitalism, and at the end of the day when you go to sleep and lay your head on your concrete pillow it will STILL SUCK. And if you jump into bed too vigorously you'll smash your head in :)

      You cannot _accept_ a claim like 'it would be better if everything was run by Microsoft' just because some people genuinely, passionately believe it. Their sincerity is not in question. Their underlying assumptions are _deeply_ in question, and there's lots of evidence to suggest that would be a really, really bad idea.

      You can't go assuming people _don't_ want Microsoft in control of everything. People can be totally stupid! Or stupid in areas where they choose not to be educated. You have to get the real facts of the situation and make sure that they are being considered. The real facts of _this_ situation are that Microsoft does not handle power gracefully, and is really unqualified for the greater level of power they aspire to. Whether they'd win a 'popular vote' (Most Likely To Make A Good Worldwide Computing/Communications Infrastructure?) is irrelevant when you can look at the facts...

  42. Re:would a breakup be better? by Melantha_Bacchae · · Score: 5, Interesting

    (In response to mrbkap.)

    Microsoft would like the world to believe that the fate of the economy rests on its shoulders. If that were true, MS would not be looking for new and exciting ways to milk money from people (auditing impoverished schools and children's charities, forcing people to pay to keep their software running, etc.) just to keep the company fed. Back in March and April of this year, upgrades of Windows 98 were outselling Windows ME, and Apple's OS X was outselling Windows 2000 upgrades. With all the reasons to hate or fear Windows XP, and all the anger MS's latest license policies are rousing, Microsoft is going to have a tough time selling Windows XP. Add to that the low PC sales (= OS sales) and MS so conveniently trying to overextend itself going for new markets (web services and game consoles), and you get a Microsoft that is weaker than it has been in years. It is ripe for its competition to unseat it, and removing its stranglehold on the market would free up a lot of room for real innovation that would actually spark growth. Microsoft is an ugly, smelly, half rotten weed. It is making the computer industry very sick.

    Yes, Apple does make things user friendly (as opposed to MS merely making them user annoying). They have taken that talent, and applied it to an operating system based on an open source version of BSD Unix (plus the Mach kernal and a proprietary user interface). The result is the powerful, but easy to use, OS X. Finally we have a Unix that is as easy to use as Mac has always been, that runs Quicken and the Sims, is as powerful as Unix, and has a Terminal application that the brave can use to access a real Unix shell prompt. The result: Mac users who have never seen a command line before are eagerly rushing to acquire "mastery of the Terminal app", and are posting tips about their favorite cryptic command line like game cheats or easter eggs! OS X is quite capable of filling in Linux's weaknesses on the desktop. OS X makes the Mac a very credible threat to Windows, especially since Apple is the strongest of the desktop computer makers at the moment. Microsoft does not realize the danger here (Shhh, don't tell them).

    Linux is nothing to be sneezed at either. It is doing very well against Microsoft on the server side. It is not out of the running on the desktop side either. Linux is a good choice for the enterprise desktop, in cases where commercial apps aren't needed, and MIS has competent people to administer the users' machines. Linux is also good for embedded systems.

    Java is supposed to overtake Visual Basic and Visual C++ next year. The success of an OS depends on its developers. If the developers are moving to system independent Java, that weakens Windows and threatens .Net. Since MS couldn't lure people to their Java-alike called C#, they are now trying for another Java-alike called J#. But that isn't likely to work since people remember what a joke Visual J++ was. If Microsoft can't keep Windows developers, or get .Net developers, it is going to be in trouble.

    The alternatives are here now, and ready to roll. Microsoft is either going to have to learn how to compete, or they are going down the tubes, and dragging with them any PC maker stupid enough to not find themselves a better OS. Somehow, I don't see MS learning how to make bug free programs that do what the customer wants any time soon. If I were IBM, I'd start making the rounds of the software companies and get them to start turning out Linux applications.

    As for the antitrust trial, this is getting ridiculous. Microsoft has been found guilty of doing nasty, illegal things with their monopoly. Shame. Shame. To even consider "settlement" talks during the penalty stage of a trial is bad enough. Agreeing on the exact same thing that MS violated years ago is idiotic! MS already thinks it is above the law. Letting MS off is going to make it think it is the second coming.

    Time to appeal to a higher court: the consumer. Punish Microsoft for their wicked ways by taking your business elsewhere! ;)

    Homage to Godzilla, King of Monsters, on the occasion of his 47th birthday this Saturday.

  43. Halloween Documents by jamie · · Score: 4, Interesting

    Coincidentally, this was announced three years to the day after the leaking of Microsoft's plans to "de-commoditize" the open protocols that make up the internet. Fate must be winking at Bill.

  44. Source code for browser, eh? by magi · · Score: 2

    What's so interesting about the source of for IE? I can't think of much.

    The keyword for selecting the source codes to open is intercompatibility. IE follows open standards reasonably well, and any of it's own web standards are open (or otherwise no one could write html for IE), so it's not so much of a problem, not at least yet.

    The most important source code would be for Office, especially for its file format, and also for the data structures (i.e. headers). Office is the most important source of the infamous Application Barrier mentioned in the Fact of Findings.

    Other pieces would be other file formats, such as those handled by Media Player.

    Another yet more useful would be requirement that any hardware drivers must be opened. This might be somewhat more difficult to get as it would require that also other companies than Microsoft open their drivers. It could be formulated in a way that Microsoft must require that any hardware drivers be licensed with an open license (with "open" I don't mean Open Source but a minimal source license that allows reading the code to attain intercompatibility).

    And of course, .NET and Passport.

  45. I knew it would come to this by MtViewGuy · · Score: 2

    Folks,

    I personally thought long ago that the settlement of US v. Microsoft would involve Microsoft offering Plain Jane versions of Windows that allows an end user or OEM to install their own additional software.

    As such, my prediction has become reality. Don't be surprised that we may see an AOL Plus Pack for the Plain Jane Windows XP Home Edition that includes Netscape 6.x (using final Mozilla 1.0 code), Real Network's Real One media player, AOL IM or ICQ, and so on. And this add-on pack will include full support for RoadRunner cable modems, too. :-)

  46. Oh No, Mr DOJ! by Greyfox · · Score: 2

    Please don't slap my hand! Outch! Ha ha! Back to being a monopoly!

    --

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

  47. Re:States Carry On by innocent_white_lamb · · Score: 2, Informative

    One of the articles linked here states that there would be a procedural problem if the states attempted to carry on after the judge has approved the settlement. So there is no guarantee that it would proceed even if the states wanted it to.

    You can bet that MS would work that angle for everything it was worth if the situation arose. They don't need to worrry about losing or even about attempting to win if they can manage the situation such that they can stay out of court in the first place. "Business as usual" then.

    --
    If you're a zombie and you know it, bite your friend!
  48. What a coincident! by jsse · · Score: 2

    M$ usually offers companies/universities 5-year contract of mandatory purchase of their products, after the victims received letters from BSA accusing of their license violation.
    My universities was replacing SUN workstations with NT workstations til we found out the hidden contract they've with M$. *SIGH*

  49. DOJ solution: Half the OS at twice the price! by Alsee · · Score: 2, Funny

    You just gotta love the settlement terms!

    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.

    Microsoft can do anything it wants, as long as it also offers a lobotimized version too...

    Banning restrictive contracts that would force computer makers to buy versions of Windows with new features...
    Microsoft can't force people to buy the version they want to push...
    but allowing financial incentives such as discounts to make those versions more enticing.
    but the lobotimized version can cost twice the price!

    Oh yeah, I almost forgot the part that actually does something:
    Forcing Microsoft to reveal parts of its Windows blueprints relating to its Internet browser software

    A yup... that'll fix 'em it will! No more worries about dirty tricks from Microsoft, yeehaw!

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  50. Re:Bush has a MBA from Harvard, what about you? by Ami+Ganguli · · Score: 2

    This just goes to show that you don't need to be intelligent to get an MBA. Most higher education just requires hard work and discipline. There's nothing wrong with that, it's probably how it should be, but don't mistake a degree for intelligence.

    Perhaps it's also evidence that the education you get from an MBA, while perhaps useful for running companies, doesn't help you to lead a country.

    --
    It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
  51. How about PRISON by velco · · Score: 2, Insightful

    So, Microsoft broke the law, fact established by two courts.

    When you break the law you go to PRISON. Period.

    Instead, the "punishment" is to vaguely ensure that they don't break the law anymore ?

    1. Re:How about PRISON by DGolden · · Score: 2

      No, they'd get Linux for free, fuckwit. No-one /has/ to buy linux. Seeing as the "support" MS gives you is "try reinstalling the OS", they're not losing out by getting a support-less free edition of a linux distro.

      --
      Choice of masters is not freedom.
  52. Who gets to be interoperable? by jflynn · · Score: 4, Interesting

    From the NYT article:

    "Under the settlement proposal, Microsoft would be required to make that information available in a "secure facility," where representatives of software makers, computer manufacturers and others deemed qualified could study the Windows programming code and ask questions."

    "Carrying out the technology-sharing provision remains one of the sticking points in the settlement talks. The government wants to make sure it is effective, while Microsoft wants to make sure it can protect its intellectual property."

    This sounds a little dodgy in terms of open source programmers being allowed a peek for compatibility purposes. And if the code they write then reveals a Microsoft "secret" what happens?

    1. Re:Who gets to be interoperable? by Corrado · · Score: 2

      Does this mean that any/every OSS developer that enters that building is risking thier future? I mean, can't Microsoft claim that all of that developers future code is tainted by viewing Windows source?

      --
      KangarooBox - We make IT simple!
    2. Re:Who gets to be interoperable? by scruffy · · Score: 2
      This seems to be related to another item in the NYT article:

      "The most significant element in the settlement proposal, industry executives said, is the requirement that Microsoft share the technical information needed for other software or hardware products to work smoothly with Windows."

      What happened to writing specs for protocols and APIs? What I would like to see is for "representatives of software makers, computer manufacturers and others deemed qualified" are permitted to make the specs public.

  53. CALL YOUR ATTORNEY GENERAL!! by furry_wookie · · Score: 4, Informative

    If you don't think letting Microsoft get totally off for free, or the same thing they were let off with in 1995 which did zero good then,

    I suggest you call your own state attorney general and tell them not to give into this federal get-out-of-jail free card...

    CALL THEM THURSDAY MORNING FIRST THING AND TELL THEM!!

    Here is a site with the phone numbers for most all of the states aj offices..
    http://www.naag.org/about/aglist.cfm

    Here are the 18 states still involved as complantants in the case..

    Connecticut, Iowa and New York have generally been viewed as the three states championing the case. Also involved are California, Florida, Illinois, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Missouri, Minnesota, North Carolina, Ohio, Utah, West Virginia, Wisconsin and the District of Columbia.

    Also call California and New York because they have the most power and have been the 2 most outspoken against the results of this case so far..and call IOWA because Tom Miller the IOWA AG is the spokesman for all the 18 states involved.

    --
    -- Given enough time and money, Microsoft will eventualy invent UNIX.
  54. Cynicism by jbrians · · Score: 3, Funny

    Man you guys are cynical. Isn't it possible that the feds and states will make sure to put real, competent, neutral people on this advisory panel? If so, they will be able to see to it that the spirit of the sanctions are carried out, so that simply "changing the wording" won't be enough to get MS by anymore.
    -Brian

    --
    "Faith strikes me as intellectual laziness." -Robert A. Heinlen
    1. Re:Cynicism by John+Miles · · Score: 2

      You're obviously not experienced in the ways of politicians and government employees. Cynicism is the baseline. It gets worse from there.

      Yes, it does. Aren't you glad the people you describe above aren't designing your software?

      Yet.

      --
      Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
    2. Re:Cynicism by the_2nd_coming · · Score: 3, Funny

      Man you guys are cynical. Isn't it possible that the feds and states will make sure to put real, competent, neutral people on this advisory panel? If so, they will be able to see to it that the spirit of the sanctions are carried out, so that simply "changing the wording" won't be enough to get MS by anymore.
      -Brian


      you know what, your right. they will put neutral people on that pannel. just like they did for the warren commision. nice and neutral...yep.

      --



      I am the Alpha and the Omega-3
  55. 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.

    1. Re:The law don't mean shit by manyoso · · Score: 2, Interesting

      Well I for one did see your comment ;) "The law doesn't mean shit." Taken with your other remarks, I would say this is an interesting perspective. Of course you are right in a cynical sense...

      It is the people who apply the law, the people who write the law, the people who vote for the people who write the law that "mean shit". I guess I am an optimist, I think that even if the states agree to this the Judge will throw it out.

      I mean she is not bought and paid for and it is clear that this preliminary remedy does not address the infringing issues. After all another federal court judge from her circuit found Microsoft guilty.

      I too am a libertarian, but I advocate a limited penalty not one where the government is actively monitoring the company with a panel of some sort. This is just ripe for endless headaches.

    2. Re:The law don't mean shit by Arandir · · Score: 3, Insightful

      This is why I'm STILL a Libertarian :-)

      But I would clarify you post a bit. Our legal system is controlled 100% by the legal profession. How many congressmen are NOT lawyers? How many Supreme Court justices are NOT lawyers? Heck, how many judges of any level are NOT laywers? How many members of the executive branch below the cabinet level are NOT laywers?

      The problem is clear to me: conflict of interest. Normally it is not a problem, and quite efficient, for an industry or profession to be run by its practioneers. We want our medicine delivered by physicians. We want our children taught by educators. We want our software written by programmers. But the law is an exception. The law is raw naked power. And we have given the monopoly over that raw naked power to a single profession.

      Take the legal system out of the hands of the legal profession. Lawyers need to stick to representing their clients and judges need to stick to arbitrating disputes. Let congress be composed of the ordinary people. I want to see congress composed of farmers, educators, physicians, programmers and automotive engineers.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
  56. Wow a 3 person panel by dozing · · Score: 2, Insightful

    This is great! It means Microsoft only has to buy off 3 people.

    --
    Dozings.com -- Its kinda funny... If you're as crazy as me.
  57. States hire power lawyer for just this reason by imrdkl · · Score: 5, Interesting
    This article shows that the 17 States involved in the suit have been anticipating this from the DoJ.

    They've hired a power lawyer to get more for all their trouble. We can expect them to contest this settlement, in it's current form, I think.

    It ain't over 'til it's over.

  58. Brooke Shields has a degree from Princeton. by Malcontent · · Score: 3, Interesting

    You don't have to be smart to get a degree from Harvard or Princeton or Yale. If you are rich that will suffice. Lots of actors and actresses have degrees from Yale, Harvard, princeton etc. All it takes is money.

    --

    War is necrophilia.

  59. The DOJ is gutless... by SmileyBen · · Score: 2

    ...let's hope the EU actually has some...

  60. Re:An idea by Jeremiah+Cornelius · · Score: 2, Insightful
    >in this time of crisis, I believe America
    >should do whatever it can to help it's
    >shattered economy, and I believe dropping
    >all charges against microsoft will
    >do just that.

    Yeah,
    Let's build an economy on a backbone of criminal and otherwise unethical behavior!

    Wait a minnit! This is the Bush administration... That's what almost half of you selfish bastards voted for!

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
  61. the solution by staeci · · Score: 2, Interesting

    The solution is very simple.

    Enforce open publication of file-formats as a requirement of their use in government.

    Thus if microsoft wants to maintain government contracts must publish format specs.

    This will prevent most of their attempts to stifle competition in office apps and actually encourage the economy.

    I don't care what other people do so long as I am free to use what I want and they can use whatever they want.

    --
    'Welcome to Rivendell, Mr. Anderson...'
    1. Re:the solution by Fastolfe · · Score: 2

      While this might be OK for lesser government agencies, some portions of the government may have a need for a specialized solution to a sensitive problem. Open publication of file/data formats might not be possible or wanted by the client.

      But generally in any situation where interoperability is crucial, a company should not actively work to keep that interoperability from happening. Microsoft is known for doing this. Forcing the publication of file and data formats in publicly-used software is a potentially great solution, but I'm not sure that that completely solves the problem. Microsoft is still free to revise and make-incompatible successive versions of these file formats, and so long as they half-heartedly publish the specs for each one, they're in compliance, despite making it a nightmare for those trying to code interoperability.

  62. 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.

  63. What do you mean...? by rant-mode-on · · Score: 2, Funny


    What do you mean, Bush is backing down on Microsoft? Don't you watch the TV? He's been on almost everyday saying how he's going to get rid of the evil-do-ers.

  64. Re:Clinton Administration... by daniel_isaacs · · Score: 5, Informative
    Microsoft is an American company employing taxpayers and paying vast corporate taxes.

    Actually, MS didn't pay any taxes. I did, but they didn't.

    --
    - Dan I.
  65. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  66. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  67. Woah... Misquote!!! by Anonymous+Brave+Guy · · Score: 2
    Microsoft's comments that they "wouldn't accept any prohibitions against bundling new features into windows" seem to indicate that they will continue their predatory business practices in the future. (Emphasis added.)

    That's a very different quote from what I've read elsewhere. Notably, the other versions all read something like "broad prohibitions" or "mass prohibitions". In that context, Microsoft's position is entirely justified; there is no reason they should have to accept restrictions that aren't specific in both intent and scope, any more than there is for anyone else.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  68. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  69. Re:Isn't a History course required at Harvard? by mpe · · Score: 2

    Senators and congressmen do not even read the bills they vote on! They pay 'experts' to read it for them and summarize it to them.

    Do they actually pay "experts" or are these actually paid by some of the people who lobby for the bills in the first place.
    It's hard to imagine quite a few things not being sumarised as "violates the US constitution for reasons A, B, C, E, etc. Veto it"

  70. Re:Voting Ain't What It Used To Be by mpe · · Score: 2

    One election was in legal question. The supreme court, falling all laws and legal procedure cleared up the matter.

    At what point did it what was a matter relating to some parts of one US state become a matter for the US federal government? Did the Florida supreme court request a ruling. Was there a constitutional ammendment. postdating the 10th, which grants such jurisdiction?

  71. The justice system isn't corrupt by MongooseCN · · Score: 2

    It just runs on a different system of values than the minority number of voters believes. To most people in the US, money means morals. Most people look at Bill Gates and see that he's worth billions of dollars after starting from the normal life that most people have. That leads people to believe that he must be the smartest best guy in the world and that he should never be accused of doing anything wrong. Everyone wants to be in his position.

    No the justice system isn't corrupt. We're just in a disagreement in if fair competition or the biggest dollar sign should lead the correct moral path.

    1. Re:The justice system isn't corrupt by Merk · · Score: 2

      ... the normal life most people have ...

      Huh??? Were most people's parents rich lawyers who created a trust fund for them, negotiated licencing deals with IBM for their software, etc? Uh, Bill Gates is much richer than his parents, but his parents were much richer than my parents, and much richer than the average American too.

  72. Europe and Asia can still hurt Microsoft by Jeppe+Salvesen · · Score: 2

    Granted, Asia does not have any ongoing anti-trust proceedings yet AFAIK, but Europe is continuously looking into starting an anti-trust trial against Microsoft.

    I have a strong feeling that the EU will get their butts in gear, realizing that they need to finish the job that Clinton could not finish.

    If MS loses large parts of Europe, or is forced to start doing business differently there, then that will really hurt their bottom line and their public image (except in the states. there, the republicans will rant about "those snotty, arrogant europeans that are passing anti-competitive legislation").

    --

    Stop the brainwash

  73. This actually has some potential by nicsterrr · · Score: 2, Interesting

    The most significant element in the settlement proposal, industry executives said, is the requirement that Microsoft share the technical information needed for other software or hardware products to work smoothly with Windows.

    Think a little about this one. We all know that protocols, api libraries, and other interoperable standards are the real battle here. Go back and read the halloween documents if you've forgotton..

    If this penalty was enforced properly (along with the additional requirement that MS comply with all protocols and standards and do not attempt to create their own incompatible ones), Microsoft would rapidly lose any advantages due to gaming incompatibility (DirectX), web standards, the .Net fiasco, Wine incompatibilities etc. etc.

    Very soon, people would be free to choose Linux and other operating systems *knowing* that they *will* be able to run all their old applications, they *will* be able to browse and interact with the web without problems, they *will* be able to buy the latest games without having to keep a Win9x partition on their PCs.

    This is the real battle. It only remains to be seen whether this proposed penalty is actually implemented. If it is not, any other likely action is unlikely to have any real effect.

    1. Re:This actually has some potential by Chris+Johnson · · Score: 2
      Yeah, but there's a problem- you have to be technical to understand if Microsoft is sharing useful information, or putting out misinformation. These are the people who would fake video evidence in COURT, what on earth gives you the idea that they would give out accurate information on hardware compatibility APIs? That element in the settlement requires that Microsoft be _trustworthy_. Insert hysterical laughter here...

      Sorry- that's not the magic bullet either. Really, the only effective magic bullet is to not buy from them- as they expand they keep needing more money, so even buying from them at the _same_ rate that you did last year is going to hurt them, and buying from them less will hurt them even worse. That's what's going to do them serious injury, not government action. We can't trust government action at this point, so it's really up to us as individuals. Collective action can do a hell of a lot if you're patient. Never forget that Microsoft's needs _expand_ with its grasp: they are steadily more vulnerable to just this sort of attack.

      The main use of a government breakup or severe penalty would be to soften the collapse of Microsoft that's as inevitable as the collapse of the dotcoms... it's a matter of valuation not measuring up to prospects...

  74. Three questions by n-baxley · · Score: 2, Insightful

    The tentative deal would end Microsoft?s practice of forbidding computer makers from selling PCs preloaded with software from the company?s competitors
    They already agreed to that with XP. You can include other apps, but you then have to make MS apps more promenint(sp?).

    The deal would also reportedly allow Microsoft to add new software to Windows ? as it has with Internet Explorer, MSN Messenger and Windows Media Player ? but would force the company to offer a separate version of Windows without those additions.
    Will these "limited" versions be sold for a discount? If not, then it is very unlikely that they will sell more than 10 of them.

    The settlement would also reportedly force Microsoft to reveal some of its underlying computer code to other companies.(My emphasis)
    Who decides which "companies" can see the code? I do business as a company. Can I see the code?

    This sounds like a joke settlement and I hope that the states attorneys general don't go along with it. We need a resolution with some real teeth.

  75. Consent Decree - Quaking in Boots! by 4of12 · · Score: 2

    Yeah, after the earlier consent decree in 1995 I think we can all rest easily knowing that our government has vigorously pursued the case against abusive monopolists.

    The terms are probably just as likely as the terms of the earlier decree to correct bad behavior.

    Senior executives of Microsoft have been seen shaking and shivering in their boots at the prospects of this new decree.

    Oops, my mistake - they had smiles on their faces. They were laughing.

    --
    "Provided by the management for your protection."
  76. Help! Help! I'm being repressed! by Uttles · · Score: 2

    Now we see the violence inherent in the system...
    ... OK, enough Monty Python references.

    The agreement would reportedly force the software company to end restrictive deals with computer makers, release some of the software code for Internet Explorer, and offer versions of Windows with and without added features such as MSN Messenger.

    Hey, that's pretty cool! It's about time they outlawed Microsoft's policy of retailers selling their souls to the Devil... er... Bill Gates. Those contracts are a ridiculous plight on the computer world. Maybe now we'll be able to tell our not-so-computer-literate friends and relatives that for their next computer they can just hop on over to Best Buy or somewhere and pick up a PC with Mandrake or RedHat instead of Windows XP 2.3 SP 5 rel 2 ver 8. Well, in reality, that's probably really far off...
    I wonder exactly what portions of code they have to release for internet explorer... I doubt they'll let go of anything all too relative.
    With or without MSN... now seriously, do you think Microsoft will just let that happen? I'm sure you'll have to specifically ask for a non MSN computer, and each store will probably have 0 of them, but when you request it they'll go uninstall it. Of course the first time you log onto your computer you'll see a little message pop up: "wouldn't you like to send messages to your friends as well as shop at several convenient online stores, well here's the only way to do that: MSN!"

    And now for something completely different...

    The tentative deal calls for a five-year consent decree between the government and Microsoft governing the company's conduct, The New York Times and Washington Post reported on their Web sites Wednesday evening, citing anonymous sources. According to those sources, the deal included the possibility of a two-year extension if the company violates the terms of the agreement. To try to ensure enforcement, a three-member advisory committee of independent experts would be established, The Times reported.

    OK, great idea, but three people? This to me is just another indication that the people in charge of righting Microsoft's many wrongs really have a limited or nonexistant knowlege of the actual subject. Microsoft's wide range of products and services and practices of leveraging monopolies are so complex, convoluded, and "sneaky" that you would need at least a dozen people working full time so have a minimal understanding of it all. They would need an OS expert, internet expert, networking expert, database expert, Office expert, ISP expert, messaging expert, etc... Three people, especially if they're lawyers, really isn't enough.

    --

    ~ now you know
  77. Re:would a breakup be better? by mpe · · Score: 2

    Perhaps I'm mistaken, but it seems to me that the breakup of Microsoft (or another dehabilitating blow to the company) might be the worse thing that could happen for the economy. Ironically (IMHO) the breakup of Microsoft would lead a void that at the moment, no other company can fill.

    At the moment this isn't an issue. Because no software (including Microsoft software) depends on the continued existance of Microsoft. It's not as if every version of Windows contains "logic bombs".
    However if we have .NET that is exactly the situation.

    many other operating systems don't have the single-user user-friendlyness that Microsoft had achieved.

    In plenty of situations this "single-user-user-friendlyness" (or "allow the person sat in front of the machine to do anything they like") is far more of a liability than anything else.

  78. Re:would a breakup be better? by mpe · · Score: 2

    f I'm reading you correctly, you're arguing aganst user friendlyness. Like my grandma should be able to open up a terminal and start making some bash scripts. There's a lot of people who have tons of problems with a GUI metahpor, let alone the scary commandline.

    The assumption here is that GUIs are easier for everyone (of any age) than CLIs. Which is simply utter nonsense.
    Indeed you could just as easily argue that a "grandma" would find it easier to "simply" tell the thing what to do rather than messing around with a mouse.

  79. The Secret Deal by johnos · · Score: 2

    The secret part is that MS will open all the backdoors to the CIA so that they can track Osama bin Laden's email, ICQ logs, bank transactions, etc. That way, the spooks don't need to trouble themselves with say, getting a Swiss bank's permission to examine transactions. They can just waltz right in and have a look anytime they want. The Swiss bank won't even know. Call it patriotism. Microsoft's little contribution to the war on Terrorism.

  80. Re:would a breakup be better? by mpe · · Score: 2

    What is keeping Microsoft amongst the web servers out there?

    Most likely brand loyalty more than anything else.

    People can call up Microsoft, and expect someone on the other end of the line to be able to help them with their problem.

    This is an illusion people who make decisions have. In relatity people who actually run systems would search the web, post to usenet, ask collegues/peers. In preference to calling some "helpline" (who may know less about the software than they do).

    For many Linux releases, this is hard to find.

    It's consideably easier, since you have the further option of looking at the code.

  81. Re:would a breakup be better? by mpe · · Score: 2

    However, Linux is mainly (as far as I understand it) for the crowd that can. Most programs require compiling before installing! How many 'average' Windows can do THAT?

    There is no good reason for the "average" user to do this. Any more than they should have to install their own services (power, network telephone) to their desk or even build their own desk/office. In any organisation of any size installing software is (or at least should be) the responsibility of either a separate department or a contractor. The same as installing or maintaining anything else required for people to do their jobs.

  82. So everyone uses Linux and AMD then? by Controlio · · Score: 2

    >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?

    So by your flawed logic, everyone in the United States uses Linux as their operating system since after all, it's much cheaper than buying a copy of Windows. What's more, all of those people also went out and bought AMD processors, which offer not only a much better price/performance ratio but offer better performance per clock than Intel processors. Funny though, I don't see any numbers that support those facts.

    The fact is, no one buys these processors because no one HEARS anything about them. The reason no one hears anything about them is because they are stifled. Microsoft has agreements with every OEM they deal with requiring operating system exclusivity. You aren't allowed to have any other OS readilly accessible on a computer shipped with Windows. Research has shown that it's only a tiny slice of the consumer pie that will go out of their way to install these alternative operating systems... and even when they make the decision to do so, more often than not it requires repartitioning of the hard drive, meaning the user has to start from scratch. Not a very attractive option to someone who is just becoming computer literate.

    AMD has taken the silent route for a very good reason... to keep prices low. Anyone who knows anything knows that AMD now produces a superior product when compared directly to Intel's identical line of processors. This, however, hasn't made enough of a difference to consumers, thanks to the Intel marketing machine. Instead AMD is starting to do very intelligent things... like the elimination of clock indicators. This bought them free press, the cheapest kind of advertising there is. AMD is also doing their "road show", giving away free processors in 20+ major cities. Things like these increase word-of-mouth, but allow AMD to keep expenses low, so they can make a cheaper product. They need to KEEP their products cheaper than Intel, or most of their advantage over Intel will disappear.

    So please, dispense with the "cheaper = more popular" mode of thinking. It is NOT always the case that the superior product is more popular, nor that the cheaper one will be purchased more. In AMD's case, where they have both a superior AND cheaper product, they still fall far behind Intel in sales.

    1. Re:So everyone uses Linux and AMD then? by arkanes · · Score: 3, Interesting

      The OEM licensing is the key - Look at OSX - thats a really, really great OS. If a large computer pumped the same amount of money and work into a Linux shell as Apple did into OSX, you could easily have an open-source OS thats capable of competing with windows, both in features and ease of use. But you'd never get it out there because OEMs don't want to lose thier windows license - it'd take a company the size of Dell to take a HUGE leap and be willing to lose thier MS contract in order to support this new OS. I don't see that happening, especially not in the current climate. But THAT is what will break the MS monopoly. Well, that and open Office file formats.

    2. Re:So everyone uses Linux and AMD then? by jafac · · Score: 2

      AMD has taken the silent route for a very good reason... to keep prices low. Anyone who knows anything knows that AMD now produces a superior product when compared directly to Intel's identical line of processors. This, however, hasn't made enough of a difference to consumers, thanks to the Intel marketing machine.

      you mean, thanks to STUPID consumers. It never ceases to amaze me the logical hoops people try to jump through to solve the problem that in general, are caused by the fact that most consumers are simply too lazy and stupid to find the best deal and steer the market in the right direction.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  83. I wonder... by freeBill · · Score: 2

    ...what Microsoft really wants.

    Carrying out the technology-sharing provision remains one of the sticking points in the settlement talks. The government wants to make sure it is effective, while Microsoft wants to make sure it can protect its intellectual property.
    --from the Times article

    Most of us who make our living from copyrighted material do not protect it by restricting access. We enforce it by going after those who pirate it. MS has more resources for this than most of us, and we do fine.

    Restricting access is the refuge preferred by those who steal the IP of others, by those whose code is embarrassing when viewed by true professionals, and by those who seek commercial advantage by including secret APIs in their operating systems.

    --
    Eternal vigilance only works if you look in every direction.
  84. Online monopoly's already happened (by this defn) by mactari · · Score: 2, Interesting

    >Not true, you say? You don't think that
    >Microsoft would "encourage" ISP's to only support IE?

    Okay, that's going to be a tough one. Even if MS beats out TCP/IP (and I just don't see that happening), they've still got AOL to fight with.

    On the other hand...

    >You think any web pages created with Microsoft
    >Front Page would be readable in Netscape?

    That's already happened. Try looking at a site that uses ASP.NET like:
    http://www.dotnetjunkies.com/

    ... in NS 4.7. These people have appeared on MS Developer's Network and are power players in .NET developement circles. NS 4.7 locks up for me from the start, and most pages on the site give NS 4.7 no more than black displays.

    That's not a big deal to me by itself, but these [and those this site represents -- I feel this one is representative] are the guys MS wants _teaching_ newbies how to program. The less professional sites (including some of the more deeply hidden pages on dotnetjunkies) don't even render in Mozilla well. People don't test cross platform and cross browser because they're not taught to.

    The problem occurs when programmers test only in IE because they know more than 90% of their clients/customers will have access to IE.* It's simply not worth the work bothering to test new .NET code in Moz/NS/OmniWeb when you're only going to net 10% or less more customers. You're going to make a new system in .NET instead.

    The extension of the MS monopoly to the server-side is on the way -- not because programmers are given tools that, by definition, lock out non-MS or non-IE tools, but because it's so much easier to ignore non-MS tools and assume your clients have IE anyhow. MS even provides built-in "separate but [hardly] equal" controls that mimic on Moz what they do quite handily on IE. "Our site even works on Mozilla -- we know because MS tells us so."

    MS can support standards and, as long as it's still easier to do it on Windows first, lazy programmers are still going to do Windows only.

    * Think how many people have one form of IE or another -- Mac IE is a very nice browser that comes pre-installed with an icon on Mac OS X's Dock. Think of IE Mac as "mini-Windows" -- and therefore another brick in the foundation for server-side, possibly antitrust-like practices.

    --

    It's all 0s and 1s. Or it's not.
  85. Once I stopped laughing, my guts hurt... by dachshund · · Score: 2
    I am not claiming that the government sued them because of their refusual to give money. However, they did pursue it more vigoursly and worked the system hard.

    That's the most unbelievably idiotic thesis I've ever heard. Essentially, you're saying that the Clinton administration wanted Microsoft active politically... even if any moron could see that the benefit would most likely go to the opposing party?

    Of course Microsoft is giving some dough to both sides... But make no mistake. Microsoft knew that (even if they did contribute) the Gore campaign was not where their bread was buttered. A ten year old child could tell you that the Republican party was a better prospect for a large business looking to avoid gov't intervention.

    And yet the Clinton administration made an enemy of an extremely wealthy corporation just so they could get them to fund the political opposition? That's inane.

    Maybe the DOJ was actually doing something right, even though it was politically dangerous. Maybe two courts of varying ideologies have essentially agreed that Microsoft is a monopoly, and abuses that power. Of course, you could ignore all that and just make stuff up...

  86. Re:Alternative proposal for sanctioning MS by john1843 · · Score: 3, Interesting

    Microsoft's monopolistic market power is based on its leverage of the Windows/Office platform and revenue streams. Therefore, the best resolution to the antitrust case is one which increases competition by reducing the ability of Microsoft to leverage the platform and revenue or otherwise invade the privacy of the customer as a result of the foregoing.

    Here is my proposed consent decree:

    1.).Net Framework: Microsoft must open source (BSD license) the .Net framework including any modifications thereof or successors thereto. This will permit two things: a.) relatively rapid porting of the framework to alternative operating systems while eliminating potential inconsistencies due to multiple framework development efforts (i.e. freeing resources devoted to the redundant Mono framework) and b.) platform independent applications (i.e. applications written exclusively to the .Net platform should be capable of running on Windows, Linux, Mac OS X, etc. a la Java). Microsoft would be bound by decree to certain source and object code publishing and documentation requirements a la Sun's voluntary efforts related to OpenOffice.org.

    2.)Incorporation of Nonessential Functionality in Products: Microsoft must offer a simple means of avoiding the installation of or removing the following functionality post-installation: a.) all applications or network-based services not integral to the proper operation and maintenance of the Windows operating system (i.e. explorer, movie maker, photo editor, imaging software, media player, messenger, games, MSN Explorer plus whatever .NET services evolves into); b.) any network authentication source; c.) any advertising or sponsorship links. Related to this, Microsoft must not require the use of any network based service to use its desktop applications (i.e. why is Passport required to open my Money 2002 file?). Microsoft must further x.) permit third parties to utilize an API facilitating equivalent functionality for authentication and provision of services to the Windows platform/Microsoft desktop application as that used by Microsoft for .NET services; y.) give users the ability to chose any third party provider; and z.) simplify that choice by listing alternative providers with 2% or more of the market for any given class of network service where this list is sorted by market share.

    3.)Privacy Management: Microsoft must not distribute any information it gathers about its customers/users to any third party without the explicit, opt-in, time-limited consent of that user. Microsoft must provide a simple, secure method for any customer/user to view all information that Microsoft has gathered with respect to that user and permit the customer/user to delete any or all of such information. Microsoft must use its "best efforts" to secure such information from accidental divulgence to third parties. Absent explicit, opt-in, time-limited consent, Microsoft must demonstrate that it does not utilize internally or distribute certain user information including contacts, calendar, and financial information except as absolutely essential to the provision of that service.

    4.)Pricing/Marketing Restrictions: Microsoft must offer standardized, openly published pricing to any customer for a given volume of products. Microsoft must not enter into any agreement which would have the contractual or de facto result of exclusivity for Microsoft.

    5.)Compatibility with Other Office Programs: Microsoft must offer the OpenOffice XML file filters for the following Microsoft Office versions: 97, 2000 and XP via a download from its Office support website and must bundle these filters as one of the default supported file formats in any future Office version or any service pack for an existing Office version. Further, Microsoft must publish the file formats for the following desktop applications: Office including FrontPage and Publisher, Visio, Project, and Money including the current version, two past generations, and all future versions (three months prior to commercial release of a product utilizing the new format). The DOJ would reserve the right to add to this list of products.

    6.)Open Source Device Drivers: Except to the extent that such incorporates third party copyrights, Microsoft must release the technical specifications and open-source (BSD license) its source code, to every extent possible, for all devices and peripherals supported by the current version of Windows (i.e. scanners, printers, sound cards, video cards, hard drives, USB devices, controller cards and chips). Program management for this effort will be similar to the open source .NET framework program. With respect to third party copyrights, Microsoft must use its best efforts to obtain a BSD license for such copyright so as to permit full disclosure and incorporation of that code in third party operating systems.

  87. Re:Isn't a History course required at Harvard? by Reckless+Visionary · · Score: 2

    Who they pay are people like me, concerned, educated citizens who are experts in their field. And they don't pay that well either. I've done legislative assistance for the US Congress. One thing is for sure, you don't get into government work for the money.

    --
    I think I'll stop here.
  88. Why does Microsoft have to accept the terms? by Mr.+Sketch · · Score: 2

    If I'm not mistaken, Microsoft is not above the law, so why does they have to agree to the governments terms? The government should be able to set any terms they feel is necessary and then force Microsoft to obey. As long as Microsoft has to conceed to the terms then they will make sure the terms won't really hurt them such as the OEM agreements, do you really think that changing the OEM agreements will affect Microsofts monopoly? No!

    Microsoft needs to open up their file formats and communication protocols so other products can play nice with Microsoft products which will foster competition since it will allow rival product makers the ability to work with Microsoft products and then consumers will be able to choose a product based on if they like it, not just be forced to choose Microsoft all the time. Also, opening up their file formats is not a significant hit to their intelletual property as they might suggest, but it is one of the corner stones of their monopoly so they probably won't give it up without a big fight.

    Opening up a completely well-documented Windows API would be nice for projects like WINE, but I really doubt Microsoft will do it. I also don't think they should open their source code to office or windows, but just the file formats would be enough to actually give consumers choice.

  89. Re:An idea by cloudmaster · · Score: 2

    Umm, I'm pretty sure that was a joke or a troll (or both)... What a bunch o' dullards.

  90. Sound and fury by Shotgun · · Score: 3, Insightful

    ...signifying nothing.

    * 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.

    Full OEM version: $30
    Stripped OEM version: $80
    Profit margin from each system $60

    If your losing money on each system, you'll never make it up on volume.

    * 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.

    How does this differ one iota from how MS cornered the market? Put MS-DOS on on all of your systems and get a price break equal to your profit margin. Install even a single copy of DR-DOS, and you pay full price. The month after MS implemented the policy, DR-DOS sales tanked!

    * Forcing Microsoft to reveal parts of its Windows blueprints relating to its Internet browser software, but not the blueprints to Windows.

    So everything is now defined as being part of Windows, and IE is now just an interface to some system libraries. Hate it for all those out there who wanted to actually display pages written by FrontPage on an alternative OS.

    This has got to be one of the biggest paper tigers since Reagan's immigration bill in the 80's, the reason you now have to 'prove' you're American or have a VISA to work here. Illegal immigrants can produce a photocopy of a drivers liscense and the Human Resource drone at the cleaning company checks off on the form. These rememedies, whether you agree MS is guilty or not, are full of sound and fury, signifiying nothing.

    --
    Aah, change is good. -- Rafiki
    Yeah, but it ain't easy. -- Simba
  91. Enforcement powers? by HiThere · · Score: 2

    Would you be willing to serve on the joke this committee will be? All they can do is recommend that the "punishment" be extended for two more years.

    I tend to be a libertarian, but I also feel that if you are going to have a monopoly, that it should be a part of the government. That the government is the natural home of all "natural monopolies". And that it has no business creating artificial monopolies.

    This decision seems to combine the worse aspects of both monopoly and government. They become legally recognized as a monopoly (their punishment is this oversight board, which can't do anything). But they escape the limitations that have been placed on government (to such extent as they are still extant).

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  92. Re:An idea by RandomPeon · · Score: 2

    And while we're at it, let's stop investigating the mob's protection rackets - any business is good for the economy now, even if its illegal, predatory, and actually destroys more than it creates.

    What's amazing is that a even Reagan-appointed judge had the blunt honesty to call this company what it is, a thuggish criminal enterprise, and somehow our government isn't going to punish them. If anyone else caused the economic harm this company had, was found guilty of all counts except one, would the Ashcroft DOJ not appeal a sentence?

    I'm at a loss for words.

  93. Random Facts by Merk · · Score: 3, Interesting

    Some random financial facts about Microsoft, compared against the biggest company in the world (by revenue) Exxon Mobil. Scary Stuff:

    • Microsoft Market Value: $313,182,000,000
    • Exxon Mobil Market Value: $271,064,000,000
    • Microsoft Yearly Revenues: $25,622,000,000
    • Exxon Yearly Revenues: $229,769,000,000
    • Microsoft Yearly Earnings: $6,423,000,000
    • Exxon Yearly Earnings: $17,330,000,000
    • Microsoft Long Term Debt: $0
    • Exxon Long Term Debt: $7,289,000,000
    • Microsoft Net Margin: 25.1%
    • Exxon Mobil Net Margin: 7.5%

    Basically, even though Microsoft has approx 1/10th the revenues of each of the top 3 corporations in the world (the others are Wal-Mart and GM) it has approx half the profits they do.

    In June 2000 Microsoft's pre tax profit margin was 60.2%. After taxes it was 41.0%. Seeing as Bill Gates owns 13.3% of Microsoft, every dollar spent on a Microsoft Product -- actually let's make it every $100 because $1 won't buy anything MS sells. For every $100 you spend on a MS product, Bill Gates gets on average $5.33.

    There are sites that try to try to put is wealth in perspective. This is the google cached version (don't wanna melt the poor guy's server) but it's pretty much up to date.

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

    Comment removed based on user account deletion

  95. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  96. Re:would a breakup be better? by MtViewGuy · · Score: 2

    I think while Linux is getting more user-friendly, the fact is that upgrading the OS and adding hardware device support can be quite tricky even with the best commercial distributions.

    Hopefully, when Linux adopts Advanced Configuration and Power Interface (ACPI) auto-configuration support, the ease of OS upgrades and new hardware support will become far easier. This will finally make Linux a true viable competitor to Windows 2000/XP for most users.

  97. AOL monopoly by sheldon · · Score: 2

    So maybe instead they should have submitted the article from the AOL/TW site... cnn.com?

    http://www.cnn.com/2001/TECH/11/01/microsoft.ap/ in dex.html

  98. This *is* a negotiation, not a sentencing, for now by Anonymous+Brave+Guy · · Score: 2
    Except that this isn't supposed to be a negotiation, this is a CRIMINAL SENTENCING!

    I've seen that erroneous statement made all over this thread. This is not a sentence being handed down from a court. This is an attempt to reach a settlement between MS and the DoJ, as ordered by a court. That is, it is a negotiation. If memory serves, there is even a court-appointed mediator (Eric Green?) to help to proceedings along.

    What Microsoft need to remember is that if they fail to reach such a settlement, or if the terms of the settlement are not accepted by the court, then the court may impose another penalty instead, and probably one MS would like far less. If I were them, I'd be putting the arrogance on hold, lest the court feel that they've "got away with it" in the settlement they've achieved, and impose a more restrictive/damaging alternative penalty.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  99. (ROTFLMAO) by A_Non_Moose · · Score: 2

    From the headline:
    A three person panel of independent experts will be created to review the companys' future activity

    One posters suggestion:
    Bill Gates, Steve Ballmer and Paul Allen.

    My two cents:
    OhMyGOD let this come to pass. The The Three Stooges references are too good to pass up.

    --
    Have you read the moderator guidelines? Well, have you, PUNK? (and I want a Karma: Gnarly option)
  100. It's the End of the World As We Know It... by Arandir · · Score: 2

    I looked this ruling over, yawned, and then got back to more important things. If you think this is the end of the world, then let me clue you in.

    Your freedom and liberty are your responsibility. You don't get them from Microsoft, Apple, Linux, Debian, RMS, or ESR. You don't get them from John Ashcroft, Janet Reno, George Bush, or Bill Clinton. You don't get them from the DOJ, DOD, IRS or USPO. You don't get them from the Declaration of Independence or the US Constitution. Liberty is something innate that you are born with.

    As a free human being, you need to exercise your freedom or it will atrophy. I don't use Microsoft products because I am a free man and have chosen of my own free will not to use them. I know other free men who have chosen of their own free will to use Microsoft products. They are no less free than me.

    Microsoft has never infringed upon my liberty. They have never held a gun to my head and forced me to use any of their products. They have never coerced me in any way. I could sit back like the rest of you and whine that choosing an alternate operating system is inconvenient, but I'm smarter than that. I know that the best things in life are NOT convenient. You have to work at them.

    Could this ruling mean that Microsoft will remain a monopoly? Yes. But so what? It won't bother me in the least bit. They were a monopoly yesterday and I was using Linux yesterday. They will be a monopoly tomorrow and I will still be using Linux tomorrow.

    Nobody is going to make you use Windows. If you end up using Windows it is because you chose to use it of your own free will. The only way Microsoft can get any power over you is if you choose to let them. Stop looking to the DOJ as your savior! You are already free so get out there and start acting like it!

    --
    A Government Is a Body of People, Usually Notably Ungoverned
    1. Re:It's the End of the World As We Know It... by Arandir · · Score: 2

      You have no rights whatsoever that aren't agreed upon by your fellow man.

      I'm in a world of hurt then, because history demonstrates that my fellow man is all too willing to trade my rights for a bit of silver.

      Documents like those you mentioned are not your only guarantee or your best guarantee, but they are infinitely more to the point that some notion of birthright.

      A guarantee is not an act of creation. I agree that these documents help to guarantee my liberty, but they do not create it.

      Think they were an abusive monopolist before? You ain't seen anything yet

      How sad it must be going through life thinking your liberty is predicated on the punishment of Microsoft.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
  101. Gates' "Christmas Carol"... by A_Non_Moose · · Score: 2

    you shall be visited by three ghosts named "Embrace, Extend and Extinguish".

    "Tis the season of Tux the penguin, fa la la la la, la la la laaaaa"

    To hell with Karma and consequences...I'm having fun.

    --
    Have you read the moderator guidelines? Well, have you, PUNK? (and I want a Karma: Gnarly option)
  102. Re:I'm kinda glad this is happening... by Chris+Johnson · · Score: 2
    Hm. There's an element of truth to that. I'm NOT glad, because this is corrupt (how many times have they been found guilty, guilty, guilty?), but at the same time I'm one of the people most firmly convinced that they _cannot_ really expand further, and are hitting the limits of that strategy. They're headed for a full-out collapse and already losing popular support- and they have no real plan to slow down or settle for less, which is the only thing that will save them longterm. Even if they did seize all communications for the world, all media, all electronic transactions, they would still need to expand and a crash at that point would be even more crippling and destructive.

    Microsoft are a bubble, like the dotcom bubble. They are that way by design and show no interest in changing their strategy. The reason it would have been great (in a way) for the government to really slam them, is that it would've provided an excuse to change their strategy. It would have produced a recession- rather than a Depression. The way they're going now, we may see an all-out crash out of them yet- or the first serious terrorist war against a company, rather than a nation-state. I really don't think they're prepared for that, physically, mentally, or emotionally. Their blindness to such a concept is their main weakness.

    Yes, I do think people will be trying to literally kill Microsoft employees. _I_ will not. What I'm doing is just trying to develop the best dither software out there, and make it GPLed open source ;) this is not likely to earn me any money directly, but it might be a good tactical move against the likes of Microsoft, and so I'm perfectly clear on my motives. I'm at war too- just constructively rather than destructively.

    I see myself as one of those who are competing with them, and that's how I choose to play it- and I'm more than willing to do without, and suffer loss of potential income, to do them harm. I don't think they really understand that, but it scares the piss out of 'em :)

  103. Hold out your hands, Mr. Gates by Get+Behind+the+Mule · · Score: 2

    slap! slap! slap! slap! slap!

    Bad corporation! Bad Bill! You've been very, very naughty, and I'm very disappointed in you!

    No go to your room, young man, and promise me that you'll never, ever do it again!

  104. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  105. Re:Bush has a MBA from Harvard, what about you? by unitron · · Score: 2

    Haven't you heard? We bombed it on purpose to keep the Taliban from stealing the food inside. I heard it on CNN or MSNBC, so it must be true!

    --

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