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More Details of MS/DOJ Deal

There are various news articles out at most major news sites, but they're all based on this press release from the Department of Justice. The actual terms of the settlement will probably become public shortly, so I wouldn't spend a whole lot of time trying to dissect this press release. Just read it for generalities. In sum: for this whole multi-year case, which you will recall started when Microsoft refused to obey its earlier behavior restrictions, we have more behavior restrictions, lasting only five years. And if MS doesn't obey those, they'll ... be in effect longer. Update: 11/02 15:07 GMT by M : Here are the promised terms of the settlement. Now you can dissect them. :) Update: 11/02 15:53 GMT by M : The states are refusing to sign on.

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  1. Look at the SIZE of those loopholes by rknop · · Score: 5, Interesting

    That's no moon.

    In III.A: Nothing in this provision shall prohibit Microsoft from enforcing any provision of any license with any OEM or any intellectual property right that is not inconsistent with this Final Judgment.

    Put that together with III.J: J. No provision of this Final Judgment shall... Require Microsoft to document, disclose or license to third parties: (a) portions of APIs or Documentation or portions or layers of Communications Protocols the disclosure of which would compromise the security of anti-piracy, anti-virus, software licensing, digital rights management, encryption or authentication systems, including without limitation, keys, authorization tokens or enforcement criteria

    We've all seen the proposed text of the SSSCA. That says that everything which processes digital information must have security protocols for enforcing digital "rights", i.e. copyrights. Even though signs are promising that the SSSCA per se will go down in flames, it's not too much of a stretch to suppose that some legislation, at some point, will get passed which does define anything capable of processing digital data as capable of illegally copying intellectual property-- since it, of course, is. So, put that together with this loophole up here, and suddenly Microsoft can argue that they don't have to tell anybody absolutely anything about any of their protocols because it would "compromise anti-piracy systems".

    Never mind the whole Microsoft "security through obscurity" argument: they're always saying that Windows is more secure because nobody sees its source code, so therefore it's harder to hack into those systems. We know it's bull$#!+, but they argue it a lot. It doesn't take much of a stretch for them to argue that their protocols are more secure if they are hidden... and then they can rest nicely in this loophole right again. They can continue "embrace and extend" monopolistic policies, making their own protocols and keeping them hidden, while claiming to maintain full compliance with this judgement, since after all they're only keeping the stuff hidden for "security reasons."

    Microsoft has been slapped with a wet noodle. This is ridiculous.

    Foo.

    -Rob