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Microsoft Antitrust Update

You can't help but know that Microsoft and the Department of Justice (plus several of the states that joined in the suit) are attempting to settle their antitrust dispute. The rest of the states are holding out for a settlement with more teeth, or a continuation of the case. A few links from the past few days: The LA Times looks at the states still opposing Microsoft. Microsoft defended the settlement before a Senate committee, which was crippled by political maneuvering (see also the NYT story). The speech given by the CEO of Red Hat is online. Microsoft filed a brief with the court, unsurprisingly urging the court to accept the settlement. The Register has a story on the proposed settlement, which is available at the DOJ Antitrust website. Linuxplanet has some advice for people who want to comment on the settlement - you've got 60 days from November 28. Finally, Microsoft has named two people to help it comply with the proposed settlement.

290 comments

  1. Compliance Officers? by srw · · Score: 5, Funny

    I don't understand. Microsoft is going to pay some people to tell them when they're not in compliance?
    Does this sound like it's really going to work?
    Shouldn't a "Compliance Officer" be appointed by the DOJ or some other agency?

    1. Re:Compliance Officers? by Sorthum · · Score: 0

      If Microsoft could police itself effectively, there wouldn't BE an antitrust lawsuit. They're like a kid in the candy store without parents to tell him "No." The time for this move was +/- ten years ago.

    2. Re:Compliance Officers? by lucifuge31337 · · Score: 3, Informative

      My understanding of this proposed arrangement was that there would be three compliance officers.
      - One chosen by Microsoft
      - One chosen by the DOJ/US Government
      - One chosen by the above two people

      --
      Do not fold, spindle or mutilate.
    3. Re:Compliance Officers? by Anonymous Coward · · Score: 0

      Shouldn't a "Compliance Officer" be appointed by the DOJ or some other agency?

      Yes... probation officers are usually members of the executive branch of govt.

    4. Re:Compliance Officers? by Anonymous Coward · · Score: 1, Insightful

      Microsoft would appear to be jumping the gun, since (as far as we know) no actual settlement has been reached. Acting as if a deal is already made can have a demoralizing effect on the opposition, as ms may well know.

      On the other hand, when a massive company like MS barges ahead as if the conclusion is foregone, it may have knowledge or at least very strong confidence that the deal is in fact done, and all that's left is to sign on the dotted line and make the appropriate "campaign donations".

    5. Re:Compliance Officers? by RDskutter · · Score: 2
      I don't see why Microsoft should get to choose any of the officers. The officers should be three people who can work together with a common goal.

      Lets imagine for a second that the DOJ choose 2 and MS chooses 1 then you've basically got two people trying to do their job of watching to see if Microsoft are being compliant and 1 person who is doing their damn best to hinder the other two.

      None of the three people chosen should have Microsoft's best interests in mind.

      Lets have an analogy

      When a criminal gets sent to prison he doesn't get asked "Who do you want your prison officer to be?" If he did then he could choose someone who he could rely on to try and break him out when the other two prison officers weren't looking.

      Hey its not a brilliant analogy, but as far as analogies go its OK

    6. Re:Compliance Officers? by nhavar · · Score: 2

      hmmm sounds alot like the us government. At any given time you have at least one part doing their damn best to hinder the other two.

      --
      "Do not be swept up in the momentum of mediocrity." - anon
    7. Re:Compliance Officers? by thesolo · · Score: 2, Troll

      - One chosen by Microsoft
      - One chosen by the DOJ/US Government


      Considering how on the side of MS the DOJ is, isn't that actually 2 chosen by Microsoft?

      - One chosen by the above two people

      Correction, make that three.

    8. Re:Compliance Officers? by Danse · · Score: 2, Insightful

      Yeah, well they tried it in 1995. They got a settlement that time too, which Microsoft proceeded to laugh at and blatantly violate the intent of. If the settlement isn't airtight, it won't be effective. Microsoft has already illustrated that for us quite well.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    9. Re:Compliance Officers? by hawk · · Score: 3, Funny
      >- One chosen by Microsoft


      One officer to rule them all,


      >- One chosen by the DOJ/US Government


      One officer to bind them,


      >- One chosen by the above two people


      One officer found by them, and in the darknes blinded . . .


      :)


      hawk

    10. Re:Compliance Officers? by ryusen · · Score: 1
      i just really hope the "rebel" states get their way and the loop holes in the settlement are fixed...
      as for the selection of th eofficers... why does the convicted party get to chose who is going to tell them when they can't break anymore laws?

      "hey steve-o"
      "yeah billy-boy?"
      "your cousin rich doin' anything next few years?"
      "nah, he's lost his job..."
      "see if he wants to to help us comply with the settlement... there's good money in it for him if he plays ball..."
      "that sounds great, billy-boy... i'll give him a call tomorrow!"


      and the moral of the sotry... we get dick from microsoft... again
      --

      I believe sex is highly over rated... unless it involves me
    11. Re:Compliance Officers? by dup_account · · Score: 1

      I assume you are talking about the Jr. executive branch here? I can't believe the parent was moded up. Did you get a buddy to do it?

    12. Re:Compliance Officers? by Sorthum · · Score: 1

      That's why things need to be locked down tight. Otherwise, they're going to look at the letter of the law, contemplate the spirit of the law, laugh until they throw up, and follow the letter.

    13. Re:Compliance Officers? by jpmorgan · · Score: 1
      These are not members of the commitee as described in the settlement. They are corporate officers.


      Microsoft has wised up, if you look at companies holding monopoly positions in other industries they spend a lot of effort trying to stay clear of anti-trust statues, and more importantly make it look like they're trying to stay clear of them. If you're a big company and you look like you're trying to stay within the confines of the law to the best of your ability, if something does happen that isn't completely legal things aren't nearly as bad as if you go around openly flauting anti-trust law (like Microsoft did), and you're likely to get away with a quiet conversation and an amicable agreement with the DoJ.


      It seems that Microsoft has finally figured out that as big as they are, they can't afford to piss off the feds (sure, they got out of this one, but what happens next time?), and appear to be going to a lot of effort to show to the world they've changed and are willing to fully comply both with the proposed settlement and anti-trust law.


      Finally, a bit of legal savvy from the corporate behemoth.

  2. let sleeping dogs die by Transient0 · · Score: 2, Interesting

    i am getting sick of all this anti-trust talk. i am as anti-microsoft as anyone else, but it has recently become clear to me that microsoft will inevitably lose it's market dominance in it's own due time(a matter of years not decades).

    all this trouble going into knocking down the giant could be avoided if people just waited until after it had cut it's ownlegs off.

    1. Re:let sleeping dogs die by Sorthum · · Score: 2, Insightful

      I'm not so sure. This would be valid if MS was just sitting on its hands, but as the .NET initiative and the whole Passport fiasco show, they're doing anything but. The problem lies in the fact that they're no longer innovating so much as they're using their size and market share to do things unilaterally. There NEEDS to be some regulation of this...

    2. Re:let sleeping dogs die by cavemanf16 · · Score: 2, Funny
      all this trouble going into knocking down the giant could be avoided if people just waited until after it had cut it's ownlegs off.

      They don't have time for that kind of nonsense. They're too busy hacking the limbs off their competitors, as their falsified videotapes in court showed us all.

    3. Re:let sleeping dogs die by Anonymous Coward · · Score: 0

      Yeah, yeah. We know.

      Allowing Microsoft to include the 'MSN' button on the Windows 95 Desktop is going to wipe out AOL

      Allowing Microsoft to integrate IE in the OS is going to allow them to take over the Internet


      Uh-huh.

      You guys are just dupes for a pack of lawyers.

    4. Re:let sleeping dogs die by Brian+Kendig · · Score: 2, Interesting

      My predictions:

      - Microsoft gets its proposed settlement through as it stands. They donate millions of dollars worth of PC's and Microsoft software to schools, establishing a education market monopoly overnight and effectively snuffing out Apple's claim over that market.

      - Over the next five years, the three oversight committee members raise several examples of questionable business practices. Microsoft very strongly and staunchly insists that (a) it's perfectly in the right, (b) the committee is standing in the way of innovation, and (c) the committee has bias against Microsoft. Another court case starts up over this, and by the year 2009 it's about where the current court case is today.

      - Microsoft launches a campaign to make web browsing even easier for consumers! They add new technology to their web server software and market the server very cheaply to all the major e-commerce web sites. However, the new features are tightly integrated with Windows and can only be used with IE -- so if you want to buy something from eBay or Sears.com or Amazon.com, you'd better not be running Linux or Mac.

      - Microsoft also introduces new security technology, a new page layout standard, and new standards for online digital images. These new features are a snap to use with Microsoft's web server, especially if you use Microsoft's site design software, all available for cheap or free! Of course, all this is proprietary, so Linux and Mac users don't get to use sites built with this technology. Nothing's keeping you from still using Linux and Mac, of course, as long as you're okay with not having access to major web sites.

      - Want to chat with your friends? The MSN button's right there on your desktop! Want to buy movie tickets or make airline reservations? The button's right there on your desktop, and it leads to Microsoft partner services which work directly with your day planner and online checkbook in Windows! Want to use AIM or ICQ? Well, you'll have to download the software, install it, and hope it works with the current version of Windows. Want to use Moviefone or Travelocity? Well, sure, but they're slower and not integrated with Windows, and the integrated services do just as much or more -- why bother with anything else?

      Eventually, the question becomes: Why use anything other than Windows? Other companies try to compete, but Microsoft clones their technology before they have their first release, or else Microsoft buys them and integrates them into Windows. All of this is in the name of progress and innovation, and providing a better experience to consumers!

    5. Re:let sleeping dogs die by Anonymous Coward · · Score: 0

      You paid for Netscape? Sucker.

  3. I just want to know... by Sorthum · · Score: 1, Offtopic

    ...how the DOJ (and by extension everyone else)can possibly see that MS is anything BUT a monopoly. They're growing, not shrinking, and the government seems to detect no problem with this. Under the Clinton administration, the DOJ was after MS with a vengeance-- when and why did they lose their cojones?

    1. Re:I just want to know... by theantix · · Score: 5, Insightful
      I just want to know... how the DOJ (and by extension everyone else)can possibly see that MS is anything BUT a monopoly. They're growing, not shrinking, and the government seems to detect no problem with this.
      For starters? The economic concept of monopoly power holds that a "monopoly" is not an absolute, it is a point on a scale. Where they are on the scale is uncertain.

      Microsoft is not only company in any market segment they are in, thus they are not an absolute monopoly like the power companies are (and how the phone and cable companies used to be). However, because of their dominant share of the desktop PC and office suite market they have a fairly high degree of monopoly power. The barriers to entry in the industry are the entrenched applications using the the Win32 API, and the implementation of the MSOffice file formats. That being said, there are many factors that limit their monopoly power.

      The internet and java are (were?) starting to make client less important. This limits the impact of the dominance of the Win32 API. Pirating is rampant. This limits their monopoly power over pricing especially in the home market (*YES IT DOES*). Crossplatform development is progressing as people can write QT applications that can be ported to several platforms including Win32. Again this reduces the the dominance of the Win32 API. Viable free alternatives are emerging (StarOffice 6, Netscape 6.1, Mandrake 8.1). Again this reduces the the dominance of the Win32 API. File format filters (In StarOffice6 for example) are getting extremely good at reading .DOC and .XLS which limit the impact of the MSOffice monopoly power.

      The bottom line? Yes, Microsoft has a high degree of monopoly power, but it's not cut-and-dry about how much power they have. And it's certainly not cut-and-dry what to do about them either. Certainly it is important to limit the impact of their potential leverage (For example that Passport, Messenger, Hotmail, and MSN Photos are bundled with XP) from their existing markets, but don't think for a minute that it is simple. It's not.

      --
      501 Not Implemented
    2. Re:I just want to know... by Anonymous Coward · · Score: 0

      It's a good thing you put *'s around YES IT DOES, because otherwise someone would point out that windows is usually bundles with the computer that most consumers will buy, so pirating copies of windows doesn't really matter...

    3. Re:I just want to know... by lgraba · · Score: 4, Insightful

      Do any of these issues change the testimony in the anti-trust trial that:

      - MS threatened Compaq with withheld licenses if they didn't remove Netscape from their computers going out the door.
      - MS threatened Intel management over Intel's work on multimedia software.

      These are but two examples of the way MS abused their monopoly power. The fact that there might be competition on the horizon (a speculative, not certain, assertion) does not change what has occured one bit. If I robbed a bank, should I be spared a penalty because I myself might be robbed sometime in the future? I don't think so!!!

    4. Re:I just want to know... by Anonymous Coward · · Score: 0

      Yes, I put that in there just for *dipshits* like *you*. I'm glad you appreciated it.

    5. Re:I just want to know... by Anonymous Coward · · Score: 1, Insightful

      - MS threatened Compaq with withheld licenses if they didn't remove Netscape from their computers going out the door.


      Compaq then refused to remove Netscape.

      Microsoft backed down and there were no repercussions.

      You'll have to come up with better than a little heat from the marketing guys to prove there was coercion involved. Citing a single instance where Microsoft followed through on their threats would be a help.

      However, nobody presents evidence of a follow-through. So you're all blowing hot air.

      It's no surprise the public isn't buying it. No, it isn't just 'Astroturfers' out there. People complain about their Windows but you'd be amazed at how much more they would hate Linux if forced to use it.

    6. Re:I just want to know... by scheming+daemons · · Score: 1
      Because the DOJ is no longer "Under the Clinton administration".

      Bush/Ashcroft have been bought by Microsoft.

      Don't let anyone ever tell you again that the GOP is the "tough on crime" party.

      When it's an individual committing the crime (especially if he's poor and his skin is dark), they are VERY tough on crime. But when a corporation commits a crime? They're friggin' liberals. Just watch how the higher-ups at Enron manage to avoid paying for their crimes. Same as Microsoft.

      --
      "I have as much authority as the pope, I just
      don't have as many people who believe it" - George Carlin

    7. Re:I just want to know... by Alsee · · Score: 3, Insightful

      The economic concept of monopoly power holds that a "monopoly" is not an absolute, it is a point on a scale. Where they are on the scale is uncertain.

      You missed. Monopolies are perfectly legal.

      Yes, Microsoft has a high degree of monopoly power, but it's not cut-and-dry about how much power they have.

      And it doesn't matter how much monopoly power they have.

      The issue is actions. Certain actions to maintain a monopoly position are illegal. Certain actions using a monopoly to create a new monopoly are illegal. Legal fact: Microsoft's actions were illegal.

      it's certainly not cut-and-dry what to do ... don't think for a minute that it is simple. It's not.

      No agument there, lol.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    8. Re:I just want to know... by nomadic · · Score: 1, Offtopic

      The problem is with the conservatives back in the White House, the sort of behind-the-scenes arch-libertarians that organized Reagan's deregulation/dismantling of the economy are back in positions of power. And they didn't really learn anything from their bad decisions in the 80's.

    9. Re:I just want to know... by RexDevious · · Score: 1

      The DOJ didn't lose it's cajones - it lost it's ethics. When the Bu$h administration replaced the staff with people who care about fair business practices in the same way John Ashcroft "cares" about civil liberties. Micro$oft gave millions to the republicans, and just like the energy companies - are getting more than their moneys worth in return. If this bugs you:
      -By speech and by example, form your opinions of politicians based on voting records - not on the ads and PR that corporations paid for.
      -Help the hapless small companies out there, who can't afford Linux geniuses like yourself, to crawl out of Micro$oft's web while they still can. Write an article describing, step by step, how to replace just ONE M$ program with a third party program. It doesn't have to be Windows with Linux, or IIS with Apache - it could be Outbreak (I mean Outlook) with Netscape mail or Eudora still running off the same M$Exchange server. Don't know how to write such an article? Then help organize those who can. Buy the URL, "www.SwitchToLinux.com" and start soliciting submissions - until the site has steps to convert even the most hardcore Microsoft shop to pure free software. Too much for ya? Well, how about doing a Flash presentation of how to perform common tasks people know on Windoze on a Linux machine using GNOME or KDE?

      And why, you may ask - haven't *I* done any of these lovely things? Well, mainly it's because the company I work for hired me to work on a VB program in development for 5 years (I've been here for 2) - and it hasn't left enough time for learning Linux to know how to convert the whole place (using Win NT, Win2k, MS Exchange, Proxy, SQL Server, IIS, NT Terminal Edition with Citrix, highly automated M$Office programs, VB, IE specific website, ect). Believe me, if switching us to Linux was in the realm of possibilities - I would LOVE to do it. But small companies barely have the resources to keep up with all the M$ crap, let alone do a full conversion to Linux. And big companies have to resources to do a conversion - but they don't have the resources to re-train everyone on all new programs. So as easy as it may seem right now to administer or use Linux - if the Linux community wants all the companies who care way more about selling their widgets than the frustations of their computer users or IT staff, and not at all about the utter nightmare which will occur if Micro$oft really *doesn't* have any real competition; you got to make administering and using Linux waaaaay easier. I'm talking AOL easy. I'm talking child-proof cap easy. I'm talking "even people who buy chia pets can figure it out faster than Windows" easy.

      Sorry it has to be that way, but if you think Micro$oft is dumb enough to charge so much, or crash so often, or be so insecure, that it loses enough business to actually matter; well, you don't know Microsoft very well. The software is only as shoddy as it can be and still make a profit, the prices are as high, but ONLY as high as they can be and make a profit. And their anti-trust violations are only as bad as they can be and still make a profit (as opposed to getting away with it).

      Make Linux so much easier to use that people start to switch, and Microsoft will improve Windows' stability. Make Linux able to communicate well with NT based Networks, and MS will make NT networks communicate well with Linux networks. Start to win on ROI, and MS will lower the price. They'll match you at every turn, and then lie, break the law, spread blatantly false rumours, sabatoge your software, and buy your best minds too.

      But the battle is Linux's to lose. Because Free software was created by people who just wanted it work. It doesn't have the "but will it make the most money?" burden around it's neck... well, not as much anyway. But even questions of profit-oriented development aside, the open source factor should be enough to carry the day. Why, even if only one in a hundred engineers or programmers, who spend most of their time trying to sneak around the short comings in M$ products, had the opportunity of free software programmers and engineers to actually go in and just FIX the problem once and for all - by now Microsoft products would be the most stable and feature perfect in the universe. That's the advantage Free Software has - using it makes it better. But you've got to make it easier to use, so more people use it, hire more people to master it, so it gets better faster than the MS billions can out develop, market, and cheat it out of existence.

      Just for the record though - I am willing to work with anyone who wants help from an MCSD/MCSE on how to convert the work held hostage by the evil wares from Redmond.

  4. Yah... by SevenTowers · · Score: 1, Troll

    "Sen. Patrick Leahy, D-Vt., questioned whether the settlement, which he called "an invitation to further litigation, might have "a few too many loopholes."

    At lest one of them got it right. As long as it is monolithic and full of $$$, Microsoft won't change much.

    It's not a couple of supervisors that are going to change their business practice. It just looks good and they are excellent at making things look good so everybody will fall for it.

    --
    Imperium et libertas
    Autocracy and freedom
    1. Re:Yah... by sphealey · · Score: 3, Interesting
      "Sen. Patrick Leahy, D-Vt., questioned whether the settlement, which he called "an invitation to further litigation, might have "a few too many loopholes."

      At lest one of them got it right. As long as it is monolithic and full of $$$, Microsoft won't change much.
      Leahy also had some thoughtful and insightful concerns about the actions of the DOJ and John Ashcroft in relation to 9/11. For a while he appeared to be making headway. All of a sudden his voice was muted, then Ashcroft went before the Senate and branded anyone who disagreed with him a traitor. Now you aren't hearing any more criticism of DOJ's actions.

      I would expect something similar in this case. A backroom deal has been cut (probably brokered by Cheney and Rove, now that they aren't so busy taking care of their Enron friends), and it will go through regardless of any concerns mere citizens might have.

      Now, if Slashdotters were to send a couple of million $ in campaign contributions to some key senators, a little more backbone might appears.

      sPh

  5. To the point by Migrant+Programmer · · Score: 2, Funny

    There's a great stress relief tool relating to the settlement now available from Nitrozac and Snaggy at The Joy of Tech!

    Enjoy!

  6. Move on folks by Ars-Fartsica · · Score: 3, Funny
    Microsoft won this round. What you are hearing now is the death-rattle of the NOISE (Netscape, Oracle, IBM, Sun and Everyone but Microsoft) lobbying effort, the members of which have independently moved on even if their hot air continues to plod forward through the government.

    The government isn't turning off Microsoft. Microsoft isn't turning off linux, and AOL owns everything else. There is your new reality. Lets move on.

    1. Re:Move on folks by Linux_ho · · Score: 4, Funny

      Is NOISE associated with the FMC? (F* Microsoft Consortium). I'm a card-carrying member of the FMC, but I haven't heard of NOISE before.

      --
      include $sig;
      1;
    2. Re:Move on folks by Have+Blue · · Score: 2

      I can't tell how serious you are, but NOISE does not really exist, it's a term invented, probably by the media, for the imagined organization behind the vast concerted outpouring of anti-MS comments by the rest of the computer industry, seemingly led by Netscape, Oracle, and IBM.

    3. Re:Move on folks by Linux_ho · · Score: 2

      What a relief! I was concerned that my brothers and sisters in the Fuck Microsoft Consortium had kept me in the dark about an important new affiliate of our organization.

      --
      include $sig;
      1;
    4. Re:Move on folks by ClosedSource · · Score: 1

      Nice acronym. In both the government and class-action suits there seems to be more involvement by MS competitors than by MS and the plaintiffs.

      Perhaps we need some court reform to require third parties to compensate tax-payers for the money spent by the government in processing all these extra documents.

    5. Re:Move on folks by Anonymous Coward · · Score: 0

      that's what they call it in Redmond WA, where he gets his paycheck.

  7. anti-microsoft by mhandlon · · Score: 1, Funny

    I used to be hardcore anti-Microsoft only Linux. But, visual c++ 6.0 is really a good compiler and I like the interface so I have to be Microsoft-passive now.

    --
    Nyquil = Nectar of the devil
    1. Re:anti-microsoft by fredrik70 · · Score: 1

      So what, just because *all* of their app doesn't suck (they actually have some very good ones) doesn'y make them less predatory. there's lots of MS stuff that I can enjoy to use (well, 3 things, win2K, VC++ and ie), but that doesn't make me less worried about their behaviour in the market place

      --
      if (!signature) { throw std::runtime_error("No sig!"); }
  8. Bill Gates Dart Board (comic) by Snaggy · · Score: 0, Redundant

    Bill Gates Dart Board Joy of Tech

    For relief of tech-related stress, brought about by recent Microsoft settlement offers.

  9. The real winner... by Dwarth · · Score: 1, Interesting

    I haven't follow all those law suite.. you know even a geek can try to have a life.. but well no matter who will 'win' those law suite.. the only real winner will be the lawyer.. you know.. Microsodt pay millions to he's lawyer... same on the other side...

    The other winner are the Media... we heard about Microsoft law suite here and there... I'M BORED of it... give us a break with that and talk about thing we care... like new technologie that WORK...

    --
    "Tui Nati vulnerati."
    1. Re:The real winner... by stang · · Score: 2

      And how about spell-checking! And typing that is readable!
      Oh, oh, oh! And messages that can be understood by us 'laymen' english speakers!

      This can be translated to:

      I haven't followed the lawsuit (even a geek can try to have a life). No matter who "wins" the suit, the real winners will be the lawyers. You know Microsoft must be paying millions to their lawyers, and so is the other side.

      The other winners are the media, with their continuous coverage of the lawsuit. I'm bored with it. Give us a break and talk about things we care about, like new technologies that work.

      "I am not an intellectual, I have no common sense."

      Hope this helps.

      --
      "200 Quatloos on the newcomer!" "300 Quatloos against!"
  10. No Competition? by mplex · · Score: 1

    From the Redhat speech: "The growth and adoption of the Linux operating system now holds a 28% marketshare of the server operating system according to IDC. The Apache web server now holds 60% of the web server marketplace. Both are technologies developed by the open source community and available alternatives to Microsoft products."

    Linux is the best competitor microsoft has ever had. If anything, this proves the opposite of the anti-microsoft crowd. And as for the statement that MSFT will try to exploit the settlement to their full advantage, I would expect no less from a solid company. Capitalism at its best(worst) if you ask me.

    1. Re:No Competition? by ethereal · · Score: 5, Insightful

      Look at this the other way - pretty much the only successful competitor to Microsoft is giving away their product for free. The big reason that Linux is such a competitor is because the normal Microsoft tactic has failed: undercutting the competition by subsidizing their new market-breaker with money from the other parts of their empire. Also, there's no way for Microsoft to completely buy up Linux and Open Source, so they can't remove a competitor that way. You can't undercut or buy out "free", and so Microsoft is temporarily stymied, but they still have vast marketing and lobbying muscle.

      Does it strike you as a particularly healthy industry if you can only gain marketshare by giving your product away? Is it reasonable that the only way to protect your product is to create it via a group of people who aren't even a company, just to avoid being swallowed by Microsoft?

      Now, of course I know that RedHat charges money for some things, and they may even make a profit pretty soon, and Red Hat is in fact a company that Microsoft could buy. But Microsoft's competition isn't so much Red Hat as it is the Linux and Open Source movement. And taken overall, Linux and Open Source are largely free, and are largely producted by individuals and representatives of many companies who collectively could not be bought out. Those are the only reasons that Microsoft has any competition, and those reasons still do not add up to a healthy software industry.

      --

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

    2. Re:No Competition? by Anonymous Coward · · Score: 0
      That's right, it seems that the only way to "compete" with Microsoft is to give away your software for free.

      Do you not see a problem with this??

    3. Re:No Competition? by Reid · · Score: 1
      Linux is the best competitor microsoft has ever had. If anything, this proves the opposite of the anti-microsoft crowd.

      As a server, yes. On the desktop, no. BeOS should have been a competitor to MS, but it wasn't, thanks to MS's monopoly. What makes you think Linux will make any in-roads any time soon? Just what do Linux server stats prove to the anti-miscrosoft crowd?

    4. Re:No Competition? by Anonymous Coward · · Score: 0

      Buying the executive department isn't capitalism, it's fucking mercantilism. Government protecting the people from corporations is (mis)called socialism while government supporting corporations against the people is somehow capitalism? Give me a gods be damned break. Truly the closest thing our system comes to is a thing called corporativism which was the economic system of fascist Italy, Spain, and Germany some 50 years ago. Now with things like the USA Patriot act we are bringing our social system inline with our fascist economic system. The Nazis won WWII after all... it just took em a while. If you think that's bullshit I suggest some reading on Prescott Bush's relations with fascism and the eugenics movement as well as George the 1st's relations with Allen Dulles and the Gehlen group.

    5. Re:No Competition? by Transient0 · · Score: 1

      Although i find it really interesting and unfortunate that the Red Hat counterproposal simply slipped under the public radar. If there had been a little more publicity about it, it could have put microsoft into some pretty serious hot water.

      what's more, i think that it would simply be a much more valuable learning experience for kids to be able to develop linux familiarity in schools. Sure, in today's workplace, windows familiarity is an important employment skill, but contact with windowsOS is almost unavoidable. Linux experience would provide a very important degree of breadth to the conception todays children have of computers.

    6. Re:No Competition? by ClosedSource · · Score: 1

      No, the way to compete with MS is to compete.

      Which of the following competitors have produced a PC-based OS and launched a significant marketing effort to sell it?

      Sun - No
      AOL - No
      Netscape - No
      Apple - No
      IBM - OS/2 sort of, minimal marketing
      BEOS - sort of, may not have resources for marketing

      At least some of these companies have the money to aggressively market an OS product but have chosen not to. It's easy to sit on the sidelines and complain to the government about MS's monopoly, it's quite another to put some money on the line and try to compete.

    7. Re:No Competition? by Anonymous Coward · · Score: 0

      It does seem quite the dilemma.

      Maybe if they'd spent their money on product development and not legal fees they'd have something to sell.

    8. Re:No Competition? by Jaysyn · · Score: 1

      Yeah, no kidding. If I had learned (or even heard) of Linux, *BSD etc.. before I learned M$OS, I might be worth a shit....

      (IAAMLNTA)

      Guess what that means.....

      --
      There is a war going on for your mind.
    9. Re:No Competition? by Anonymous Coward · · Score: 0

      You actually think that the alternatives are an acceptable direct replacement? The fantasy fumes in here are certainly overpowering. The fact is people would PAY for linux and star office if they actually had any value! They're both utter crap and so you can't even give them away for free. That's the problem. Make something work, work well, work *better* than the OS and software you constantly call the worst software ever written and you might have something. But of course, that takes time, dedication and *money*. It's put up or shut up time. And the way things stand now, shut the fuck up, linux has nothing to offer yet.

    10. Re:No Competition? by ethereal · · Score: 1

      In some cases the Linux/Open Source alternatives are better, in some cases they are not as good but still viable alternatives. But as long as Microsoft has monopoly control of the software industry, quality won't matter anyway, because Microsoft is large and in charge enough to prevent even a competitor with a better product from succeeding.

      There's a reason why really the only successful software industry strategy is to come up with an idea that Microsoft hasn't had yet or skipped over and then flog the hell out of it for a couple years until Microsoft figures out a response and/or buys you out.

      Fun exercize: write or adapt an open source word processor so that it's better than Microsoft Word. Go seek VC funding. Here's what you'll find: no one will fund a business plan that involves direct conflict with Microsoft in a field that Microsoft has staked out, no matter how good the product is. The VC's know it, the businessmen know it, and the folks in the trenches are learning: you can't compete with an 800-ton gorilla that refuses to play fair.

      Again: this is not a healthy industry.

      --

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

    11. Re:No Competition? by Anonymous Coward · · Score: 0

      I Am A Moderately Lame No Talent Asshole?

    12. Re:No Competition? by squiggleslash · · Score: 2
      OS/2 did have significant marketing, until the launch of Windows 95.

      Have a brouse through Jackson's findings of fact, where the story of what happened to OS/2 is laid out in all its glory. To cut a long story short, it went something like:

      Microsoft: If you don't stop bundling OS/2 with your computers, we're going to make it close to impossible for you to offer Windows

      IBM: Ha, just try.

      Microsoft: OK.

      IBM: (Later) Er, how are we supposed to offer Windows 95 with our PCs if you wont give us a single copy until after you've launched it?

      Microsoft: We're not telling you again, DROP OS/2. You're already unable to support Windows 95 at the same time as everyone else, do you want to pay retail too?

      IBM: Oh fuck.

      That OS/2 died due to poor marketing, or a kludgy user interface, or because 1.3 was so dreadful, is a popular but mistaken myth. It might have ended up dying for any of those reasons had MS not intervened (in my view it's not as great an OS as its supporters like to claim), but the actual reason is that MS blackmailed IBM into dropping it.

      So to answer your question, IBM produced a PC-based OS and launched a significant marketing effort to sell it. It wasn't able to compete, not because of superiority of MS software, but because Microsoft's monopoly made it impossible to stay in the market.

      IBM put money on the line and tried to compete.

      --
      You are not alone. This is not normal. None of this is normal.
    13. Re:No Competition? by ClosedSource · · Score: 1

      "OS/2 did have significant marketing"

      For example?

      "Microsoft: If you don't stop bundling OS/2 with your computers, we're going to make it close to impossible for you to offer Windows"

      Why would IBM want to sell PCs with Windows 3.x when they had OS/2? They either had little faith that OS/2 was superior or they didn't want to spend the money to promote it. As far as Windows 95 is concerned, OS/2 had already failed in the marketplace long before it came out. I sure IBM tried to blame everything on MS and we now know that Judge Jackson was predisposed toward believing such an argument, but it doesn't make it a fact.

    14. Re:No Competition? by IntlHarvester · · Score: 2

      That's a gross misrepresentation.

      First of all, after 7 years of unsuccessfully marketing OS/2, IBM was already 'leaking' to the tradepress that the product was on it's last legs long before Win95 shipped.

      You are talking about events that occurred long after everyone in the industry knew that OS/2 was dead. And you are citing 1 IBM executive with a grudge spin on the story.

      But anyway, the conversation really went like this:

      IBM: Remember that "divorce" agreement we had that gave us rights to Windows 3.0?
      MS: Fuck yes. You only pay $11 per copy of Windows, while Compaq and everyone else pays 3 times that amount.
      IBM: Well, we want the same deal for Windows 95.
      MS: You gotta be kidding. We just spent the last 5 years rewriting that hunk of junk.
      IBM: Give it to us or we'll sue your ass sideways.
      MS: Well, OK, but do us a favor and stop bundling OS/2 in a duelboot config on your corporate models.
      IBM: Well, we were going to dump OS/2 anyway, so that's fine with us.

      (I would also point out that OS/2 had significantly higher hardware requirements than Windows and was never marketed as a general desktop OS.)

      --
      Business. Numbers. Money. People. Computer World.
    15. Re:No Competition? by Anonymous Coward · · Score: 0

      "Why would IBM want to sell PCs with Windows 3.x when they had OS/2? They either had little faith that OS/2 was superior or they didn't want to spend the money to promote it. As far as Windows 95 is concerned, OS/2 had already failed in the marketplace long before it came out."

      MS' actions speak louder than your rationalizations. They used their monopoly power to put a stake in the heart of a competing OS. Whether that OS would have failed or succeeded on its own merits is completely irrelevant.

      Furthermore, you clearly know nothing about IBM. They are a supplier of a broad array of technology for businesses. Has been that way since before you were born. Cutting their PC sales in half just to prove to you they "really meant it" when they created OS/2 doesn't make business sense.

    16. Re:No Competition? by squiggleslash · · Score: 2
      Such as TV ads throughout Britain (for instance) which even my mother noticed, PCs from IBM and others being bundled with OS/2, ads in newspapers and trade magazines, etc. This was solid from 94 to mid-95. After the launch of Windows 95, it disappeared.

      I'd say that consitutes pretty heavy marketing.

      Why would IBM want to sell PCs with Windows 3.x when they had OS/2?
      They didn't. They wanted to sell PCs with Windows 95 when Windows 95 came out, as I said above.
      --
      You are not alone. This is not normal. None of this is normal.
    17. Re:No Competition? by squiggleslash · · Score: 2
      (I would also point out that OS/2 had significantly higher hardware requirements than Windows and was never marketed as a general desktop OS.)
      It was marketed as a general destop OS thoughout 1994 and most of 1995. I was there. I remember watching the adverts, non-techies asking me about it. Escom and IBM both started shipping it with most of their machines as standard.

      I can't comment on your version of the conversation, but given the choice of believing you or Judge Jackson...

      --
      You are not alone. This is not normal. None of this is normal.
    18. Re:No Competition? by IntlHarvester · · Score: 2
      I can't comment on your version of the conversation, but given the choice of believing you or Judge Jackson...

      Reference Please. I just re-read the FoF, and neither your or my story made it in there (both are based on the testimony of a IBM exec, and I maintain that getting a steep discount was more important to IBM than OS/2 in 1995).

      What Jackson found was a significant amount of ball-squeezing around Lotus Notes & SmartSuite. IBM did not capitulate and it hurt the PC company.

      IBM never agreed to renounce SmartSuite or to increase its support for Microsoft software, and in the end, Microsoft did not grant IBM a license to pre-install Windows 95 until fifteen minutes before the start of Microsoft's official launch event on August 24, 1995.[125]

      It was marketed as a general destop OS thoughout 1994 and most of 1995.

      True, but I always thought this was last minute dumping to make up some cash on a failed product. OS2 had previously only been sold to 'enterprise' customers, who for the most part ended up using Windows. Jackson's story indicates that it was part of a "IBM First" effort that started in 94.

      The funny thing is that Jackson says:

      The fact that IBM no longer tries to compete with Windows is evidenced by the fact that it prices OS/2 Warp at about two-and-one-half times the price of Windows 98.

      Of course OS/2 _always_ cost 2-3x the price of Windows, so therefore it never really competed.
      --
      Business. Numbers. Money. People. Computer World.
    19. Re:No Competition? by squiggleslash · · Score: 2
      Reference Please
      117-125 (and a bit around them.) Lotus Smartsuite was, indeed, part of the problem, but OS/2 is emphasised as being one of the major problems, and the dropping of OS/2 marketing is entirely due to Microsoft's threats concerning Windows 95.
      Of course OS/2 _always_ cost 2-3x the price of Windows, so therefore it never really competed
      Not in 94/95. Low end versions of OS/2 Warp 3 (basically the basic OS, no Windows - you could supply that yourself, no networking except for the IBM Internet Connection) cost roughly the same as Windows + DOS bundles, from what I recall.

      Warp Connect was a different kettle of fish, as was getting it with Windows - but then you'd expect OS/2 + Windows to cost more than Windows.

      --
      You are not alone. This is not normal. None of this is normal.
    20. Re:No Competition? by IntlHarvester · · Score: 2

      The core question is: "Would IBM have de-emphisized OS/2 in 1995 if it were not for Microsoft Windows licencing considerations?"

      Ultimately unanswerable. Reading the trial document tea leaves has proven fruitless.

      I can see how from the perspective of a home "Teamer" one might see the consumer sales momentum of 1994 and think that OS/2 was really gaining, and that it's shelving _had_ to be a massive consipricy.

      On the otherhand, as someone who worked with OS/2 for years, including a year as a OS/2 sysadmin, it just seemed everything about the marketing of that product was "half" assed, and the conculsion was inevitable as early as 1992-3.

      It never really reached it's intended top shelf enterprise market. The PPC strategy had exploded into an expensive debacle. IBM was dumping cheapo copies on hobbiest dabblers for quick cash, while telling corporate customers that the product was dead. The fix was in for OS/2, long before Win95 stepped into the picture.

      --
      Business. Numbers. Money. People. Computer World.
    21. Re:No Competition? by ClosedSource · · Score: 1

      The fact that IBM is "a supplier of a broad array of technology for businesses" is the irrelevant part as is the fact that IBM existed before I did.

      "Cutting their PC sales in half just to prove to you they "really meant it" when they created OS/2 doesn't make business sense."

      Well that conclusion implies that no more than 1/2 their customers would buy OS/2 (perhaps a generous estimate in IBM's favor). If that was indeed their thinking, than again it indicates a lack of faith in their product (which was probably justified).

      It's clear though that the only conclusion that you'll accept is that it's MS's fault so believe on.

    22. Re:No Competition? by ClosedSource · · Score: 1

      "Such as TV ads throughout Britain (for instance) which even my mother noticed, PCs from IBM and others being bundled with OS/2, ads in newspapers and trade magazines, etc."

      I don't live in Britain so I can't comment on that but I didn't see much effort here in the US. IBM had much deeper pockets than MS so they could have outspent them on marketing if they wanted to.

      "They wanted to sell PCs with Windows 95 when Windows 95 came out, as I said above."

      Another poster has already answered this point.

  11. $$$ by Lewis+Daggart · · Score: 1

    Of course Microsofts settlement is going to get them money. Do you think ANY company would work to undermine its own cash flow? Microsofts practices, though irritating, and possibly illegal, are unfortunately also what could be called "brillient planning". And the closer they come the reaching a decision in reguards to the antitrust sute, the more money I think they'll go for before they lose. This means more XP like products we'll ahve to deal with in the future. Unless ofcourse, you just avoid Microsoft all together...

  12. Typcial Slashdot bias... by Anonymous Coward · · Score: 0

    Of course, if a Republican senator pulled something like this, Slashdot would have made a big headline item about it, along with three paragraphs of editorializing.

  13. Department of Justice, Schmustice... by Skevin · · Score: 1
    Why bother with the DOJ when MS is backed by US Military might?

    Skevin

    --
    "Twice half-assed makes an ass whole." --Solomon K. Chang
    1. Re:Department of Justice, Schmustice... by tulmad · · Score: 1

      Brings a whole new meaning to "Blue Screen of Death" doesn't it?

      --
      "In case of emergency, break glass. Scream. Bleed to death."
    2. Re:Department of Justice, Schmustice... by linuxelf · · Score: 1

      Someone please mod this up!

      Now I gotta clean the diet Pepsi off my monitor...

      --
      - "That's just the kind of fuzzy-headed liberal thinking that leads to being eaten."
  14. Senate Hearings by PoiBoy · · Score: 4, Insightful
    Based on the few excerpts of the Senate hearings I heard on TV yesterday, I would be surprised if in fact the proposed DoJ/MSFT settlement is allowed to go forth. It was rather clear to me that most Democrats as well as Republican Orrin Hatch (from Novell country) are outraged.

    IANAL, but I wonder to what extent the presiding judge pays attention to the media and how this will affect her decision. On the one hand, judges are not supposed to be swayed by media reporting, yet the judge is supposed to consider public comments about the proposed settlement. To the extent that Senators represent their constituents' beliefs and needs, the judge may give some weight to these types of Congressional hearings.

    --
    Sig (appended to the end of comments you post, 120 chars)
    1. Re:Senate Hearings by Anonymous Coward · · Score: 1, Insightful

      The Senate has very little power in the matter at this point. About all they can do is "express outrage" and drag DOJ types in to testify.

      Experienced CSPAN viewers will recall how the Senate expressed an enormous amount of outrage at Janet Reno for 8 straight years, none of which affected the DOJ that much at all.

    2. Re:Senate Hearings by Anonymous Coward · · Score: 0

      Don't forget it was a Democrat, Sen. Robert Byrd from West Viginia, whose political maneuvering prevented Lessig and the Redhat CEO from testifying at the Senate Commitee, as reported in the Wired story. Maybe some democrats were outraged, but it's clear some are on the Microsoft payro^H^H^H^H bandwagon.

    3. Re:Senate Hearings by gnugnugnu · · Score: 1


      Listening to the media is one thing, but being right is another.

      Judges dont like to look stupid, they really hate to be proven wrong. The judges opinion might be swayed if it was highly likely that her/his opinion could be overturned on appeal.

    4. Re:Senate Hearings by MindStalker · · Score: 1

      Old Democrat officials are mostly just stuborn old men who really only care about themselves. While they have alot of say in the party, and ALWAYS vote with the party, their personal weirdness isn't generally a reflection of the party as a whole.

  15. ...and the compliance officers are: by Anonymous Coward · · Score: 3, Funny

    O.J. Simpson and former Lt. Col. Oliver North

    1. Re:...and the compliance officers are: by nytes · · Score: 1

      Maybe we should nominate RMS.

      --
      -- I have monkeys in my pants.
    2. Re:...and the compliance officers are: by Creepy · · Score: 1

      Reportedly former vice president Dan Quayle was the first choice, but he was spelling the position 'CompLIEnse offiser'.

    3. Re:...and the compliance officers are: by Jaysyn · · Score: 1

      That would be awesome! I think they should let people who have Win9x/WinNT licenses (and no contracts with M$) vote. One vote per license. I think I've got a good 150 or so here.

      Jaysyn

      --
      There is a war going on for your mind.
    4. Re:...and the compliance officers are: by Anonymous Coward · · Score: 0

      Stallman would never pass the drug test.

      And he's never awake before noon anyhow.

    5. Re:...and the compliance officers are: by Anonymous Coward · · Score: 0

      Actually, this is not half as absurd as you think: maybe you're aware of this or maybe not but David Sentelle, the chief of the DC Circuit Court is the same Reaganaut Nâzgul who overturned the conviction of Oliver North (and John Poindexter) in the Iran Contra secret war and arms trafficking scandal. It was Sentelle again who removed special prosecutor Robert Fiske and put Kenneth Starr on the Whitewater case, turning a dry hole, go-nowhere alleged scandal into a perennial vendetta against a sitting President and an Inquisition of his personal life. When Stanley Sporkin refused to sign the consent decree between MS and the DOJ because he felt it simply wouldn't be an effective remedy, Sentelle officiated at Sporkin's crucifixion. When Thos. Jackson found MS in contempt of the terms of the consent decree, Sentelle was there to tear up the legally binding document that MS had signed and declare it null and void. When MS was found to be a monopoly, illegally extending and shielding its monopoly power in Jackson's court, Sentelle could scarcely reverse this finding for Microsoft, but he and his Nine did the next best thing: they vacated Jackson's remedy and gave a clear indication to any future Judge that they would strike down anything that proposed the breakup of MS into constituent businesses.
      Oliver North would surely strike David Sentelle as a reliable servant. So he knows fuckall about computers -so what? Did Ken Starr need to know anything about probity or justice to accomplish the task he was set to?

      And as a longtime aide to Jesse Helms, the unapolegetically racist fossil from the alluvial plain of the Carolinas, Sentelle surely understands the usefulness of a pliable, hooked-on-privileges black man like O.J. Simpson. If only his murdered wife had been black or some other color! No O.J. Simpson is fatally damaged goods and cannot be used to subvert justice, no matter how handy a tool he might wish to be.

  16. Microsoft is doomed anyway. by Krapangor · · Score: 0
    In some years open software will take over and their monopoly will be gone forever just like IBM.
    And these guys don't see this really comeing, therefore they are doomed.

    You'll now say that MS attacked linux and the GPL several times already. But will this help them ?
    The main share of professional open source OSs is the *BSD series. Linux has a high market share but this is mainly hobbiest stuff and webservers set up by admins with "I dropped out from CS, because all this theory suckz really". The high level, high performance share is *BSD. And MS stated that the BSD licence is "good" therefore making advertisments for their main competitor.

    So I think in the long term MS is doomed and all this anti-trust/breakdown stuff is obsolete and a waste of taxpayers money.
    Of course a non US-citizen is slightly amused who easily you waste your economic power.

    --
    Owner of a Mensa membership card.
  17. Run away! Run away! by GTM · · Score: 0, Offtopic

    TIM: I warned you! But did you listen to me? Oh, no, you knew it all, didn't you? Oh, it's just a harmless little bunny, isn't it? Well, it's always the same, I always--

    ARTHUR: Oh, shut up!

    (VIVE LES LAPEINS)

  18. Justice for the Rich by darkov · · Score: 5, Funny

    Dear Judge,
    I understand that you have found me guilty of this crime and I am willing to make a mends. I promise not to do the same crime again, or at least in the same way, and I'll also stop doing other bad things, well at least the ones you've caught me doing. I even agree to make sure that I don't do exactly the same crime by hiring a couple of people who will be very strict with me and spank me most serverly if I do it again.
    Regards...

    1. Re:Justice for the Rich by sandidge · · Score: 2

      PS: I like spankings.

      PPS: Your "Holiday Gift" (wink, wink, nudge, nudge) is in the mail!

    2. Re:Justice for the Rich by Darth+RadaR · · Score: 1

      Thank you, Sir. May I have another!?!

      --
      /*drunk.. fix later*/
    3. Re:Justice for the Rich by Alsee · · Score: 3, Insightful

      a couple of people who will be very strict with me and spank me most serverly if I do it again

      Read the proposed settlement more closely. They aren't allowed to spank Mircosoft. All they can do is snitch on them. But they can't even really do that - they are under a GAG ORDER. They can only snitch to the DOJ. Considering that the DOJ came up with this settlement, somehow I'm not thrilled with a GAG ORDER saying if Microsoft breaks the lawn one else can know.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:Justice for the Rich by Anonymous Coward · · Score: 0
      Dear Judge,
      I understand that you have found me guilty of this crime and I am willing to make a mends. I promise not to do the same crime again, or at least in the same way, and I'll also stop doing other bad things, well at least the ones you've caught me doing. I even agree to make sure that I don't do exactly the same crime by hiring a couple of people who will be very strict with me and spank me most serverly if I do it again.
      Regards...


      Osama bin Laden


      Seriously, MS was found guilty of a crime, not being annoying, or being not a nice guy, but actually breaking the law, and costing the public BILLIONS of DOLLARS, that went into their pockets. How is the proposed settlement, or the proposed class action settlement in anyway punishing this criminal. Aren't there supposed to be new victims rights laws that ensure that wealthy criminals pay restitution?

    5. Re:Justice for the Rich by Anonymous Coward · · Score: 0

      Hate to break it to you, but anti-trust is a civil matter, not a criminal one, so no crimes are involved.

    6. Re:Justice for the Rich by Danse · · Score: 2

      Well, there is a criminal side to anti-trust as well, we just haven't seen it used against MS. Regardless though, they were found to have been illegally maintaining a monopoly, which cost the citizens of this country a LOT of money. Criminal or not, they should have to, at the very least, pay back A WHOLE LOT of money. Additionally, they should not be allowed to use similar tactics again to commit the same offense. Since there is nothing in the agreement to accomplish either of these things, it is simply a travesty. There is no justice.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    7. Re:Justice for the Rich by 4of12 · · Score: 3, Funny

      They can only snitch to the DOJ.

      But you neglect to emphasize just how critically important this will be to an effective remedy.

      Consider a "Use Case" - I'm using an advanced internet/computer/software term here - to illustrate the effectiveness of this part of the remedy.

      Aggrieved small software supplier: "Hey! MS told me they would work with me so my exciting new application could be brought out in Windows SX, but they changed the API and released a competitive product that, while technically inferior to mine, will swallow the marketplace whole due to preinstalled base on new Windows SX computers!"

      DOJ:"API? What? Microsoft changing their Private Investigator? I didn't think they had one! At least, not the last few months that we've been working closely with them to help restore innovation in America."

      "Excuse me, are you of Middle Eastern descent?"

      --
      "Provided by the management for your protection."
  19. The settlement isn't so bad by Erich · · Score: 4, Insightful
    Read part B:

    (from the settlement)

    B. Microsoft's provision of Windows Operating System Products to Covered OEMs shall be pursuant to uniform license agreements with uniform terms and conditions. Without limiting the foregoing, Microsoft shall charge each Covered OEM the applicable royalty for Windows Operating System Products as set forth on a schedule, to be established by Microsoft and published on a web site accessible to the Plaintiffs and all Covered OEMs, that provides for uniform royalties for Windows Operating System Products, except that:

    1.the schedule may specify different royalties for different language versions;

    2.the schedule may specify reasonable volume discounts based upon the actual volume of licenses of any Windows Operating System Product or any group of such products; and

    3.the schedule may include market development allowances, programs, or other discounts in connection with Windows Operating System Products, provided that:

    a.such discounts are offered and available uniformly to all Covered OEMs, except that Microsoft may establish one uniform discount schedule for the ten largest Covered OEMs and a second uniform discount schedule for the eleventh through twentieth largest Covered OEMs, where the size of the OEM is measured by volume of licenses;

    b.such discounts are based on objective, verifiable criteria that shall be applied and enforced on a uniform basis for all Covered OEMs; and

    c.such discounts or their award shall not be based on or impose any criterion or requirement that is otherwise inconsistent with any portion of this Final Judgment.

    This is the most important provision of the entire settlement.

    This eliminates Microsoft's ability to use strong-arm tactics in the ways it has been doing -- not giving special pricing to vendors who don't stay in line with what Microsoft and friends wants to do. It says that if you buy (OEM) licenses from Microsoft that (almost) no matter what you do as long as you buy the same number of licenses as someone else you'll get the same price.

    The only thing that I would like better is for the Microsoft License Schedule to be applied uniformly to all customers, regardless of OEM status. Without that, Microsoft may find loopholes to force companies out of OEM status and buy retail licenses (or whatever) but this is still a huge step.

    There is lots of talk about MS Word for Linux and such, but I think that would only further the monopoly, and I just don't think it's right for the government to mandate a product line. I think that fair pricing, however, is something totally reasonable and that will, in the end, hurt Microsoft more than most unfair measures we could add.

    Having uniform licensing to all (not just OEMs) would be the one change I would make if I got one choice, but if I got two changes I would make Microsoft release all the API specs in a public forum and make them freely available, instead of just on MSDN. Say, on their web site and with the clause that they must be freely distributable in an unmodified form.

    I think that those two things would make this settlement even better, but as it stands I think that the settlement is a fair solution.

    At least for the abuse of monopoly in the OS realm, which is what this is all about.

    --

    -- Erich

    Slashdot reader since 1997

    1. Re:The settlement isn't so bad by Sorthum · · Score: 0

      Well, what's to stop them from saying "Okay, it's $LUDICROUS_SUM for a license, but if you do $FAVOR for us, we'll give you a "rebate" (or some other incentive)?"

    2. Re:The settlement isn't so bad by Trepalium · · Score: 2, Informative
      [...] two changes I would make Microsoft release all the API specs in a public forum and make them freely available, instead of just on MSDN.
      Microsoft already publishes all the API specs included in MSDN in a free public forum. They don't even make you logon to passport anymore to get at the stuff. The problem is that MSDN is no where near complete, and undocumented APIs, protocols and file formats abound in Windows.
      --
      I used up all my sick days, so I'm calling in dead.
    3. Re:The settlement isn't so bad by Thatman311 · · Score: 0

      For the API's try:
      http://msdn.microsoft.com/library

      You will see that all of their API's are documented there.

      --
      Silly Rabbit...Sig's are for kids.
    4. Re:The settlement isn't so bad by Coq · · Score: 1

      Word (and the entire office suite for that matter) for Linux would in no way further Microsoft's OS monopoly. Think about this:

      If Microsoft were to be split into two or more companies (which we can all agree would be a solution), then it would be in the best interest for the non-operating systems division to release as much software as they could for as many operating systems as they could, with the obvious cost concerns in mind. The reason is they would want people to have as much choice in every other aspect of their computers other than software they design.

      So what would happen then, if we force Microsoft to support other OS's in all of their non-OS software? They behave like multiple companies. If people want to run Windows with Office, and IE, they can. On the other hand, if they just really like Office, they could run Debian with Office and Lynx if they were so inclined. Each MS product would be judged on its own merit, which is fine. MS knows this, which is exactly why they don't want to have to do it, since the majority of the software just doesn't measure up.

      --
      Information wants Coq
    5. Re:The settlement isn't so bad by Alsee · · Score: 2

      Damn! Are you a microsoft settlement laywer or something?

      Yes, the settlement does address one of the things of which Microsoft has been found guilty. That does not mean the settlement is good. Using OEM pricing and rebates as a weapon is far from their only illegal tactic. I won't bother to list the rest here.

      At least for the abuse of monopoly in the OS realm...
      You seem to admit here that the proposed settlement is not complete.
      ...which is what this is all about.
      Here you are wrong. This is not just about one tactic for illegally maintaining their monopoly. It is also about illegally leveraging their monopoly to create new monopolies. It is also about protecting the public against harmful bussiness practices. Other related and undesirable, yet legal, activity falls within the scope of leagal action once found guilty of breaking the law.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    6. Re:The settlement isn't so bad by Erich · · Score: 2

      Well, theoretically that violates the provisions, I think. At least in spirit.

      --

      -- Erich

      Slashdot reader since 1997

    7. Re:The settlement isn't so bad by Col.+Klink+(retired) · · Score: 2

      > This eliminates Microsoft's ability to use strong-arm tactics in the ways it has been doing

      Except, of course, that it only lasts 5 years. Unless they ignore it. If they ignore it, they will have to ignore it for 7 years.

      --

      -- Don't Tase me, bro!

    8. Re:The settlement isn't so bad by Erich · · Score: 2
      Damn! Are you a microsoft settlement laywer or something?

      Ha! I do DSP architecture on primarily Solaris boxen at work, and at home I pretty much use x86 linux.

      But I think that having fair pricing for their products limits their ability to leverage their monopoly (as they have been doing).

      Actually, I'm suprised that MS didn't fight to get this provision out of their settlement. They would have done better to split themselves in two or three companies and still be able to use their monopolies of Office and Windows to bully vendors into doing their will than to have to sell licenses fairly.

      Imagine this: Dell can (for instance) start selling pre-installed dual-boot RedHat/Windows machines (or Windows-on-VMware machines) to home buyers and companies and there isn't anything MS can do to "punish" them. That's huge.

      At least for the abuse of monopoly in the OS realm... You seem to admit here that the proposed settlement is not complete.

      Uh, I was under the impression that this litigation was from MS using their power as an OS monopoly to have unfair business practicies. They might do the same with their Office products, but I think that would fall under different litigation.

      This is not just about one tactic for illegally maintaining their monopoly. It is also about illegally leveraging their monopoly to create new monopolies. It is also about protecting the public against harmful bussiness practices.

      Being forced to sell to everyone at a fair price severely inhibits MS's ability to continue to leverage their OS monopoly. That limits their ability to force OEMs to do things. The other part comes from MS making non-MS software not work. This will (theoretically) come from MS documenting their OS behaviour.

      And I know it's not popular around slashdot, but I'm just not in favor of having the government beat MS into a bloody pulp. Sure, they are about as wicked as a company can get (and, unlike Apple, are in a position to act out their evil ways). I don't like MS, I don't like their software, and I surely don't like their business practices. But, on the other hand, I think that the government should mess with companies as little as possible. I think it's necessary for the government to do something in this case, but I think it's wrong for the govt to determine MS's product roadmap.

      And I think that this settlement is a reasonable compromise. Not great, not horrible, but reasonable.

      --

      -- Erich

      Slashdot reader since 1997

    9. Re:The settlement isn't so bad by Anonymous Coward · · Score: 0

      Actually, you're wrong. The case has to be about specific acts and incidents. It can show a general trend, but it's not a fishing expedition where anything and everything anybody wants can be dragged out in the aftermath of the case.

      That isn't how it works, much to dismay of that whole pack of kangaroos over there cheering in the free seats.

    10. Re:The settlement isn't so bad by Alsee · · Score: 2

      I think that having fair pricing for their products limits their ability to leverage their monopoly

      I was under the impression that this litigation was from MS using their power as an OS monopoly to have unfair business practicies.


      Yes, but my point was that pricing was not their only unfair business practice leveraging their OS monopoly.

      I'm just not in favor of having the government beat MS into a bloody pulp.

      While beating Microsoft to a bloody pulp has a certian appeal (LOL), the settlement is a joke. I've read the settlement. I'm not a laywer, yet I can see glaring loopholes. It does some good and important things, but parts of it are twisted to actually benefit Microsoft. And they are not penalized for breaking the law - Rob a bank, steal a car, and beat someone up - keep the money, just promise not to rob banks any more?

      I think that the government should mess with companies as little as possible.

      I agree, as long as the companies don't do anything illegal.

      I think it's wrong for the govt to determine MS's product roadmap.

      I assume you're reffering to proposals they they be forced to release certain products for other OS's. I agree that's pretty silly. My main objection is to all the exceptions Microsoft worked into the settlement. There are lots of places they attack free software, and if I read it right, they planted huge holes to abuse for their .NET program. It would also be nice if they were penalized for breaking the law.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    11. Re:The settlement isn't so bad by Alsee · · Score: 1

      I probably shouldn't bother responding to an Anonymous Coward, but here goes anyway... (declining to use my +1 bonus)

      Actually, you're wrong.

      No I'm not.

      The case has to be about specific acts and incidents.

      Correct. The CASE.

      not a fishing expedition where anything and everything anybody wants can be dragged out in the aftermath of the case.

      Wrong. After the CASE is over and they've been CONVICTED of breaking the law, the penalty (aftermath) can cover pretty much anything the judge decides, including what would normally be legal behavior. (Different judges may decide differently, but it still boils down to anything a judge decides to include)

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    12. Re:The settlement isn't so bad by cgleba · · Score: 1

      Yeah, like putting a band-aid on a skin cancer sore.

      The DOJ needs to solve the root of the problem, not patch the surface. Dicth the settlement and carry the case through -- all the provisions in the settlements are band-aids.

    13. Re:The settlement isn't so bad by anxious · · Score: 1

      If MS is forced to make office for other operating systems then they'll just make sure that it isn't as good. Either some features will be "too hard to impliment" or there will be more stability bugs, etc.

      They know writing software for windows. If they started writing it for linux they would make more mistakes, simply because they don't know that API as well.

      So any version of office on linux would be substandard, and they'd claim that it's a deficiency of the OS.

      This doesn't apply if MS actually gets split.

  20. A Simple Plea by gergi · · Score: 5, Interesting

    Does anyone else remember how wonderful it felt that the DoJ was doing something about Microsoft's bullying tactics several years ago? We all hoped it would finally be the end of the abuse.

    Then, the ruling came down... They are a monopoly and they will be stricken down. People-in-the-know were amazed... The DoJ proved it could compete with new-age, tech-savvy companies.

    Now, it seems the DoJ has proven just the opposite. They got the affirmation that it was a monopoly and then decided that was "good enough"... we don't need to punish them.

    Almost as if they just wanted to prove they were a monopoly but didn't really want to do anything about it.

    If the DoJ has there way now, Microsoft is virtually given a carte blanche to (attempt to) dominate our lives in the living room (XBox), on the internet (.NET), in the news (MSNBC), etc.

    Truly a sad moment in the history of the US (if not the world).

    --
    Nosce te Ipsum
    1. Re:A Simple Plea by Anonymous Coward · · Score: 1, Interesting

      If you get all your MS news from Slashdot, it's understandable that you'd be confused. But read the appeals court judgement -- the DOJ's (broader) case was pretty well undermined.

      Microsoft was a mean boy to the OEMs. That's the only thing that the government's got them on, and punishments will be restricted to that area of behavior.

    2. Re:A Simple Plea by 1010011010 · · Score: 2

      Maybe it's because the government now has a hook into Microsoft.

      "It would be a shame for us to do X to you, because you *have* broken these various laws. On the other hand, we could use a favor..."

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    3. Re:A Simple Plea by Anonymous Coward · · Score: 0

      They are a monopoly and they will be stricken down.

      I guess I'd better be careful about landing on Boardwalk and Park Place, then!

    4. Re:A Simple Plea by scheming+daemons · · Score: 1
      It's simple really.

      The Clinton/Reno DOJ was attempting to apply justice in this case.

      The Bush/Ashcroft DOJ is attempting to subvert justice in this case.

      The people who voted for George W. Bush are responsible, more than any other factor, for Microsoft getting off the hook.

      You may like Bush, hell - you may love him. But don't be upset about Microsoft getting off the hook if you voted for him. Especially if you live in Florida.

      --
      "I have as much authority as the pope, I just
      don't have as many people who believe it" - George Carlin

    5. Re:A Simple Plea by sg3000 · · Score: 2
      > Now, it seems the DoJ has proven just the
      > opposite. They got the affirmation that it was a
      > monopoly and then decided that was "good
      > enough"... we don't need to punish them.

      You're forgetting something happened in between. The DOJ was doing fine until Microsoft's check to Bush and the other Republicans cleared. Then the following conversation happened:

      GWB: Now Ashy, don'cha think you're bein a little hard on Microsoft. Maybe you're misunderstating their position.

      JA: But they broke the law! And since we're Republicans, we can't be seen as soft on crime!

      GWB: Tell you what, John, if you go easy on the B. Gates and Co, I'll let you tromp on some civil rights. Will that make it better?

      JA: Well...

      GWB: I'll even give you some new police powers ...

      JA: You got a deal! That'll show all those people in Missoura who would rather vote for a dead guy than me!

      --
      Insert simplistic political, ideological, or personal proselytization here.
    6. Re:A Simple Plea by StenD · · Score: 2
      You're forgetting something happened in between. The DOJ was doing fine until Microsoft's check to Bush and the other Republicans cleared.
      If you think that it's a payoff, do you really think that a Gore administration would have a different position on the issue, since the Democrats received nearly as much? Bush was at least honest enough to question the justification for the case during the campaign, while Gore dodged the question every time it was raised.
    7. Re:A Simple Plea by sg3000 · · Score: 2

      > Bush was at least honest enough to question the
      > justification for the case during the campaign,
      > while Gore dodged the question every time it was
      > raised.

      So you're actually crediting GWB with being paid off by Microsoft and staying bought? I guess that is "honest" is a weird sort of way.

      And, yes I do think Gore would have had a different position on this issue. Despite what you say, Gore did not "dodge the issue" every time it was raised. On the contrary, Gore told Microsoft employees during direct questioning that he believed anti-trust laws were applicable to the software industry. From a USA Today article:

      Gore told the employees that "I respect your feelings." But he also said antitrust laws must be enforced when competition is unfairly stifled.
      --
      Insert simplistic political, ideological, or personal proselytization here.
  21. One thing I don't understand..... by C.+Mattix · · Score: 0, Flamebait

    There is one thing that I'm not sure I understand about the culture of /. here. How can a vocal few (not making broad generalizations here) be fine with more government regulation against MS, but want them to keep their hands out of everything else? If Redhat actually ended up doing very well financially, will you support the government stepping in and saying "No, you can't be that big." Why is there so much less out-cry against, Sun-AOL-TW-etc.? (Notice I don't use netscape, they don't exist anymore as a viable entity anymore.) Given the chance to go back in time, any of the CEOs of any of the big software companies would do the exact same things as Gates and MS has done in the past. Apple would be there now, if they didn't make so many bad decisions in the 80s and early 90s.

    Why is MS where they are? Cut throught business practices, strategic partnerships, product innovation, and good luck. Why do you think Sun-Tzu's Art of War is required reading at business schools around the country.

    Anyone who thinks that McNealy or Ellison would not do the same things that Gates has done is very Naieve. Look how hard Ellison is pushing to get Oracle for a national ID card. Are people lobbying for an open solution to that, even though it is a crappy idea anyway? Ok. .I'm done ranting. . .start the moderator's downward spiral....

    1. Re:One thing I don't understand..... by ender81b · · Score: 2, Insightful

      If RedHat (or any other linux company) really does suceed in getting that big it would be different from the MS for a number of reasons but the main is that the source code would still be available, allowing people to pick a different distro, modify it, etc if they really wanted to - and I believe having the Source code out would make it near impossible for any one company to grab a monopoly.
      Sun-AOL etc are NOT monopoly's. That is why people aren't crying out about them. Not only are they not monopoly's but they don't do anything to make us believe that they are. In the past few years microsoft has only gotten worse, not better. They have totally ignored the DOJ case and continue to try and grab every bit of market share out there (X-box, .NET). Not only that but a number of recent gaffes (locking Non-IE browsers out of Hotmail,MSN,MSNBC, etc)don't do much to inspire people's confidence that they aren't a monopoly.

    2. Re:One thing I don't understand..... by Lysander+Luddite · · Score: 2

      It doesn't matter who violates a monopoly position, only that it is violated. This argument of "company X would do the same thing" is a poor rhetorical argument often sprouted by MS apologists.

      If George II violates a law he should be tried, not let off the hook because some polls place his popularity/approval rating at 90%.

    3. Re:One thing I don't understand..... by gergi · · Score: 5, Interesting

      It's all about the leverage...
      Microsoft has a monopoly... none of those other companies have a monopoly.

      A Monopoly in, and of itself, is not necessarily a bad thing. If I make a successful product that is so successful to gain 100% of the marketshare, well, good for me. (this isn't what Microsoft did though but that's a different story)

      However, when you ABUSE a monopoly, such as leveraging your power into another market, that is ILLEGAL.

      e.g. Your Oracle thing... if Oracle gets the deal with the National ID card, good for Oracle. However, if Ellison then tells you that you have to watch Oracle TV through your Oracle GameBox if you want to use your ID, *that* is illegal.

      substitute National ID for Passport, Oracle TV for MSNBC, and Oracle Box for XBox...

      --
      Nosce te Ipsum
    4. Re:One thing I don't understand..... by Thatman311 · · Score: 0

      AOL not a monopoly? Maybe but Turner-Aol is sure a HUGE media giant that controls not how I use my computer but the information that I get to hear.

      --
      Silly Rabbit...Sig's are for kids.
    5. Re:One thing I don't understand..... by mttlg · · Score: 2
      How can a vocal few (not making broad generalizations here) be fine with more government regulation against MS, but want them to keep their hands out of everything else? If Redhat actually ended up doing very well financially, will you support the government stepping in and saying "No, you can't be that big."

      Easy - Microsoft has been found guilty of doing serious damage to the computer industry, and therefore they deserve to be punished appropriately. The same rules apply to everyone else; this isn't a case of a company being "too big" or too successful, it is a case of a company utilizing a dominant position in one market to force its way into other markets. This has the effect of less competition, lower quality products, higher prices, and other fun things. If any other company were to do the same thing, the results should be the same - severe punishment.

      Why is there so much less out-cry against, Sun-AOL-TW-etc.?

      Why should there be? Please explain what anticompetitive business practices were used by these companies. If you have a case, the outrage will come.

      Given the chance to go back in time, any of the CEOs of any of the big software companies would do the exact same things as Gates and MS has done in the past.

      Which is exactly why the punishment should be significant - to keep those ideas from being taken seriously. Just because other people will do something if given the opportunity, that doesn't make it right. "Well gee your honor, lots of people would steal things if given the opportunity, why should I be punished?"

    6. Re:One thing I don't understand..... by C.+Mattix · · Score: 2, Insightful

      substitute National ID for Passport, Oracle TV for MSNBC, and Oracle Box for XBox...

      I'm currently using Opera and just for fun opened a Netscape window to look at the MSNBC cover page, I played NFL2k2 by Sega on a friends XBox last night, don't have messenger or .NET running my XP machine, and it all seems to work just fine. XBox works fine with non-MS games, MSNBC works fine on non MS TVs even AOL-TW cable, and I can still install any browser I want on the new and fancy Windows. The only reason that MS has so much weight, is that there is so much consumer demand for their products. Why do you think that the OEMs were so scared if they threatened to revoke the OEM agreement, they would lose all of those potential customers. Anti-Monopoloy law was designed to help the consumer, not other companies, and I'm still not convinced that MS has done as much consumer harm what people are being let to believe by the AOL-TW-Sun lobby.

    7. Re:One thing I don't understand..... by C.+Mattix · · Score: 1

      Sun-AOL etc are NOT monopoly's

      No but they are getting there. AOL-TW owns: Many TV networks, the nations largest Cable TV system, the only majorly successfully cable broadband system, the nations largest ISP, many magazine and publishing systems, etc....

      MS can't even come close to the number of markets they are in. It would be as if MS would buy Ziff-Davis, and the AT&T broadband unit to even come close.

    8. Re:One thing I don't understand..... by lgraba · · Score: 1

      Anyone who thinks that McNealy or Ellison would not do the same things that Gates has done is very Naieve.

      I hear this often and find it ridiculous. If someone has commited a crime, should I not punish him because someone else, in the same circumstance, might do the same thing? No. When someone has commited a crime (or abused their monopoly position) they should be punished. The speculation that someone else put in the same position MIGHT do the same thing is irrelevant.

    9. Re:One thing I don't understand..... by C.+Mattix · · Score: 1

      I agree, but they are the ones bitching about it the most.

      And again, where has this done extreme harm to the consumer? Consumers can do more things, more easily, on their computers, then ever before.

      Anti-Monopoly law was designed to help the consumer, not competiting companies.

    10. Re:One thing I don't understand..... by tb3 · · Score: 2

      The only reason that MS has so much weight, is that there is so much consumer demand for their products.

      Oh, bull. Get a clue. What alternatives do consumers have? Try buying a PC that doesn't have Windows installed; it's almost impossible. Go into CompUSA and show me a word processor other than MS Word, or better yet, a spreadsheet other than Excel.

      That's like saying there's a consumer demand for milk. As opposed to what other white liquid food product?

      --

      www.lucernesys.comHorizon: Calendar-based personal finance

    11. Re:One thing I don't understand..... by C.+Mattix · · Score: 1

      Macintosh, oh wait, they priced themselves out of the market.

      Wordperfect (defacto standard in Legal realms)
      Lotus 1-2-3
      (both now inferior products feature wise to Word or Excel)

      Soy

    12. Re:One thing I don't understand..... by sacrilicious · · Score: 2, Insightful
      Why is MS where they are? Cut throught business practices, strategic partnerships, product innovation, and good luck. Why do you think Sun-Tzu's Art of War is required reading at business schools around the country.

      Microsoft is where it is primarily because of the usefulness of OS software coupled with an operating system's unparalleled potential to restrict and channel competition. Plain and simple. Making software is different from making coffee mugs; you can't program the mugs to pour milk slower than they pour coffee, or to be slightly incompatible with orange juice.

      Tzu's Art of War is required reading at business schools because of the dramatic ego inflation it confers on its readers. Some personality types enjoy (and are motivated by) the thought that their gain is necessarily someone else's loss.

      There was a slashdot exchange on this topic that I resonated with. It was a followup to an interview with Linus wherein he was asked what his strategies are for competing with other operating systems, and he answered "I don't actually follow other operating systems much. I don't compete - I just worry about making Linux better than itself, not others." One of the slashdot exchanges that consequently took place was the following:

      first post:

      To quote the "Art of War"

      One who knows the enemy and knows himself will not be in danger in a hundred battles.

      One who does not know the enemy but knows himself will sometimes win, sometimes lose.

      One who does not know the enemy and does not know himself will be in danger in every battle.

      response:

      [yawn] I'm so sick of people quoting "The Art of War" and "On War" and "The Book of Five Rings" and other military classics in reference to software development. First of all, as several other posters have pointed out, Linus sees himself primarily as a programmer, not a businessman -- he doesn't define other OS'es as "the enemy" and therefore doesn't worry about ancient military wisdom. Second, and perhaps more important, even more business-oriented programmers are fools if they think military advice translates to any business, especially software. No matter what the Japanese say, business _isn't_ war.

      Whatever happend to that fabled Japanese "business is war" economy, anyway? Oh, that's right -- all those warrior businessmen had a couple of decades of success with their slash'n'burn tactics, then kept going with it and drove one of the world's largest economies straight into the toilet.

      There's a lesson here, one which Microsoft and Oracle and Sun should learn really fast war is about killing people and breaking things, and business (ideally) is about empowering people and building a stable, lasting structure to create good products. These are not only different goals, they're opposite and mutually incompatible goals, and techniques that work for one simply _do not work_ for the other.

      I've seen this from both sides, by the way -- I was in the Air Force when A.F. leadership went through a "TQM" craze. It didn't work worth a damn then, and "Sun Tzu's Guide To Crushing The Competition In The Global Marketplace" doesn't work now.

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
    13. Re:One thing I don't understand..... by NecroPuppy · · Score: 1

      How many of the features of Word or Excel does the average person use?

      I use WordPerfect to do word processing. It does everything I need, with half the bloat of Word.

      Likewise, when I do need a spreadsheet (rarely), I use Quattro, as it does everything I need, with again, half the bloat.

      All the bells and whistles of MS products don't mean a thing to me, other than extra hard drive space... Which I can't afford.

      --
      I like you, Stuart. You're not like everyone else, here, at Slashdot.
    14. Re:One thing I don't understand..... by TheSync · · Score: 2

      Microsoft has been found guilty of doing serious damage to the computer industry

      What is the real, concrete damage?

    15. Re:One thing I don't understand..... by C.+Mattix · · Score: 1

      And that is why you bought and use those, if more people were like you then Word would be different. It isn't the companies fault that there are uninformed consumers.

      I use about a 50/50 mix of Word and Lout.

    16. Re:One thing I don't understand..... by clifyt · · Score: 1, Offtopic

      "Go into CompUSA and show me a word processor other than MS Word, or better yet, a spreadsheet other than Excel."

      Actually, last time I was in CompUSA I saw a few diferent office type products. A good deal were focused on non-general use, but there were a few all round products. Only reason I noticed was that they were stacked near the Linux area (gasp! An actual linux area in a commercial store!?!?!)

      Competition exists, but most people go for what they know. For some reason people will spend $700 on software like this and use 3% of the features than buy a package that is $30 and is narrowly focused on what they need.

      clif

    17. Re:One thing I don't understand..... by BlowChunx · · Score: 1

      AOL-TW has government oversight in the form of the FCC saying how much market dominance they can have, at least as far as cable, etc are concerned.

      Who oversees the tech industry?

    18. Re:One thing I don't understand..... by tb3 · · Score: 2

      And ya wanna know why WordPerfect and Lotus 1-2-3 are inferior products to Word and Excel?

      Because back when IBM and Microsoft where developing OS/2, Microsoft told WordPerfect and Lotus that OS/2 was the platform of the future.

      Both companies spent loads developing brand-new versions for OS/2, and they were great. Then Microsoft shipped Windows 3.0 for $99, and they had Word and Excel ready for Windows. They never developed versions for OS/2. WordPerfect and Lotus could never regain the ground they lost, or the effort they wasted developing for OS/2.

      Just to put the nail in the coffin, Microsoft shipped the first version of Access for $99, to kill dBase and Paradox. This is usually known as 'dumping' but for some reason Microsoft can get away with it.

      This is how you extend your monopoly in operating systems to applications; lie to your competition.

      --

      www.lucernesys.comHorizon: Calendar-based personal finance

    19. Re:One thing I don't understand..... by Alsee · · Score: 2

      How can a vocal few (not making broad generalizations here) be fine with more government regulation against MS, but want them to keep their hands out of everything else?

      Because Microsoft has broken the law. AS IN CONVICTED. They have corparate culture of using dirty tricks. Certain aspects of their products deliberatly harm their customers (for example changing their file formats to create incompatabilities and other tactics to force people to upgrade).

      As far as wanting the government "to keep their hands out of everything else", it because we don't want (A) Net-clueless legislators, (B) self-serving bussinesses, (C) Self rightous moralizers (D) whatever other idiots I forgot, all pushing for bad internet laws and tech laws.

      There very little need to ever mention the internet in a law. If something internet related "should" be illegal, it's almost always illegal by non-net laws.

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    20. Re:One thing I don't understand..... by IntlHarvester · · Score: 2

      Because back when IBM and Microsoft where developing OS/2, Microsoft told WordPerfect and Lotus that OS/2 was the platform of the future.

      People keep posting this 'argument' on Slashdot who obviously never used either WordPerfect or Lotus 1-2-3 for OS/2. Those products on OS/2 were fucking terrible -- worse than the Windows versions! WP/2 was usually typified as a "bad Windows port" and was off the market within a year or so, and the early versions of 1-2-3/2 weren't even feature complete.

      Incidentially, MS almost shipped Office for OS/2 PM. It would have soundly beaten Lotus & WP on that platform too. Could it be that Lotus and WP just had no clue how to write a GUI application, whereas MS had been writing them for years on the Mac side?

      (And yes, IBM/MS said "OS/2 is the platform of the future!" in 1987, 88, 89, 90 ... until it was blatently obvious that OS/2 was going nowhere fast. Lots of 3rd party vendors saw the tide and got onto the Windows bandwagon.)

      --
      Business. Numbers. Money. People. Computer World.
    21. Re:One thing I don't understand..... by Anonymous Coward · · Score: 0

      Well, if you're talking about the computer industry:

      Microsoft provided a broadly compatible platform that ran on almost all the hardware available in the marketplace. As a result of this, computer hardware has become a commodity purchase, which has really cut into the profits of computer makers. In fact, Apple Computer is these days one of the few producers of Desktop hardware that they have proprietary control over. Compaq, Dell, H-P, etc. all have to compete with a lot of cheap generic hardware.

      So, yes, Microsoft has damaged the computer industry. To our benefit. Hell, Linux wouldn't even be a realistic alternative if the market was fragmented into a bunch of non-compatible propetary machines, i.e. if there were still Amigas, Osbornes, IBM-microchannel, Apple, etc. etc. machines out there running proprietary-ware.

    22. Re:One thing I don't understand..... by ClosedSource · · Score: 1

      I can still remember that the president of WordPerfect Corporation (first, in a long line of WordPerfect owners) stated that they really didn't want to do a version for Windows but since their customers wanted it, they reluctantly agreed to develop it. That reluctance was obvious in their first version that crashed in the first 20 minutes of use and continued to use DOS printer drivers instead of standard windows drivers.

    23. Re:One thing I don't understand..... by Anonymous Coward · · Score: 0

      How many of the features of Word or Excel does the average person use?

      The important question for Microsoft is "How many features does all of a Fortune 500 company use?" The "bloat" is insurance against compatibility problems caused by somebody else using a feature that you do not use.

      Sales to individuals are almost irrelevant to the MS Office revenue stream. (And incidentally, WordPerfect brags about being even more 'featureful' (bloated) than MS.)

    24. Re:One thing I don't understand..... by ender81b · · Score: 1

      AOL-Time warner is huge. It controls massive amounts of information in this country. BUT it is not a monopoly because
      A.It doesn't control it all (I believe only around 30% of Tv-Stations)
      B.) It doesn't *ACT* like a monopoly. It doesn't try to lie and pretend it's not a huge company. It doesn't FORCE people to use it's products. (Sure the only way you can get CNN is if you sign up for AOL).

    25. Re:One thing I don't understand..... by ender81b · · Score: 1

      Yes you're right. They are a huge media company. But, like I said they are NOT a monopoly because they don't force you to use their products hand-in hand.
      I.E. Oh so you want to watch CNN do you? Well that comes bundled with our AOL package as well as a Time Subscribtion.
      They also don't control enough market share. Oh sure they own something like 40% of all TV stations. But that is 40%.. not 90% like MS has for Desktop software.
      Don't get the wrong idea - I don't like AOL-Time more than anybody else but they are *not* a monopoly

    26. Re:One thing I don't understand..... by tb3 · · Score: 2

      Well, I did use WP and 1-2-3 on OS/2, hell, I coded on OS/2 1.0 and 1.1. At that time, it was Microsoft, not IBM, that was pushing us to code new apps on OS/2. 1-2-3 3.0 was an amazing app, spreadsheets didn't get that cool again until Lotus Improv.

      I wasn't talking about the GUI apps, BTW, I was talking about the multi-windowed character mode apps, that everyone was trying to madly get out the door. Everyone except Microsoft, that is.

      Could it be that no one had a clue how to write a PM GUI application, and Microsoft gave up and wrote for Windows, instead? Especially since they had control over the entire platform.

      Oh, and Microsoft almost shipped Office for OS/2? Was the product in the pipeline, or was it just Microsoft FUD?
      I also don't agree that lots of 3rd party vendors saw the tide and got onto the Windows bandwagon. I remember when Windows 3.0 came out in 1990, and apart from the Microsoft apps (Excel was available immediately) there was one graphics company that had products ready. We waited for Procomm, dBase, 3270 emulators, etc. Most people ran their old apps in the DOS window.

      --

      www.lucernesys.comHorizon: Calendar-based personal finance

    27. Re:One thing I don't understand..... by hawk · · Score: 3, Interesting
      >There is one thing that I'm not sure I understand about the culture of
      > /. here.


      I won't speak for slashdot, or even claim it is coherent, but I'll answer as a free market economist, and as an antitrust lawyer.


      Markets generally work, and evidence from the present all the way back to the Roman empire and Summeria show that government intervention in markets fails.


      Many stop at this point, and call for the DOJ to back off. But that's where the error occurs.


      Functioning markets work, are good, and should not be tampered with by the government.
      The problem with monopolies is that they ruin our precious markets--even moreso than government intervention.


      So is interventionin the market good? No. But it's better than a monopolist making matters even worse.


      hawk

    28. Re:One thing I don't understand..... by IntlHarvester · · Score: 2

      Should have been more clear -- I was talking about the GUI apps too. The char mode apps were probably fine, although I could see why the customer base might not see the advantage over plain ol DOS.

      Excel & Word for PM were in beta, apparently. My guess is that MS was playing it both ways, and they hadn't yet decided to bet the farm on Windows.

      But the actual OS is unimportant. MS beat WP and Lotus in the apps market because the latter two didn't take GUI apps seriously, not because of some platform switcheroo.

      --
      Business. Numbers. Money. People. Computer World.
    29. Re:One thing I don't understand..... by brain+damage · · Score: 1

      Ok dude, I've been following the flame war that everyone is waging with you. For the most part I can see both sides of the argument.

      But to argue that Microsoft hasn't stagnated technological progress is ludicrous. Name one thing that Microsoft has invented that could NOT be done before. I'll provide some analogies to give you the gist of my meaning:

      DirectX = really crappy object oriented OpenGL (although now it has improved, I'll admit).
      AVI = wrapper for existing encoding standards
      MS GUI = ripoff of Xerox PARC (via ripoff of Mac)
      IE = evolution of MOSAIC
      Windows Networking = mutation of every networking standard known to man

      Look, I agree that Microsoft has managed to take things that were seemingly complicated and make it easier for the consumer. However, they did it in a way that stagnated progress for some time. Companies developing software and hardware had to back up and learn all the new standards and API's Microsoft kept pulling out of its ass.

      I think Microsoft should be punished. Maybe AOL-TW will be next but hopefully they will just get the message (there are better uses for my tax dollars).

      Work WITH other companies to develop technology not against them. Consortiums, open source, whatever. Microsoft is getting better, but they still are pretty much bastards.

    30. Re:One thing I don't understand..... by rossz · · Score: 2

      You are wrong. Anti-trust laws are designed to protect competition, not the consumers. An anti-trust lawyer told me this.

      --
      -- Will program for bandwidth
    31. Re:One thing I don't understand..... by Kwil · · Score: 1

      Or maybe things would have gone the other way and a broad spectrum of reliable protocols for communicating information between different systems (ala SAMBA or even Java to some extent) may have occurred a lot earlier and we wouldn't be dealing with "Well, I can't run Linux because my Windows Games won't play on it."

      Mac users might not be shut out in the cold on so many things, and vice versa for PC users. Hardware and OS simply wouldn't matter other than for security and speed issues.

      As well, being able to make decent profits out of hardware would have provided increased research into it and running realtime CG-video over the internet might be something possible by now.

      Whenever someone plays "What-if" with the past, all you can get is BS and hot air.

      --

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

    32. Re:One thing I don't understand..... by tb3 · · Score: 2

      But they weren't plain old DOS. OS/2 1.0 was a fully multi-threaded, multi-tasking OS, but IBM hadn't finished the GUI yet. So Lotus and WordPrefect got their products to market first, because they believed Microsoft. And Microsoft suckered 'em.

      Remember that Excel had something like a 90% share on the Mac back then. And, in the "Pirates of Silicon Valley" version of history, Gates wanted a way to get that kind of market share for his apps on the PC. He won't be as sure of getting it if IBM was in the driver's seat.

      --

      www.lucernesys.comHorizon: Calendar-based personal finance

    33. Re:One thing I don't understand..... by IntlHarvester · · Score: 1

      Character mode Word and Excel did ship for OS/2. They just weren't very popular applications there either.

      It's an old story - MS bet on the next level of hardware sophistication (GUI, extended memory, i386), and WordPerfect and Lotus were sitting around figuring out how to cram more features into a 640K XT and missed the boat.

      The above has nothing to do with OS/2 versus Windows. Therefore I don't see how MS suckered them.

      (For example, Lotus shipped a GUI integrated Office Suite years before MS called Lotus Jazz for the Mac. They dropped it after a year, and found themselves without a product to compete with MS Office in the early 90s.)

      --
      Business. Numbers. Money. People. Computer World.
  22. Choose your punnishment. by gus+goose · · Score: 1

    Microsoft should not be allowed to choose their punnishment. No perpetrator has the perspective required to understand the full impact of thier activities, and thus their opinions on the remedy for them. In this case, microsoft hardly believes it has done any wrong, and is therefore unqualified to propose it's own punnishment.

    Just my musings.

    gus

    --
    .. if only.
  23. Preach on Brotha! by reaper20 · · Score: 4, Interesting

    The Red Hat speech is awesome. Szulik on the OSS Development Model:

    This open communication strikes me as so perfectly American. I envision the early leaders of this country drawing up the tenets of our constitution in much the same way--in the open, in pursuit of a solution that is fair and of benefit to all.

    This is the best counterstatement to MSs 'Linux is anti-American' garbage I've read so far.

    1. Re:Preach on Brotha! by zhensel · · Score: 2

      Would've been more awesome if he had a chance to deliver it in session though eh?

    2. Re:Preach on Brotha! by Anonymous Coward · · Score: 0

      But we couldn't have that! It would have been broadcast on CSPAN and might have become a vid bite. For the majority of people, if it didn't happen on TV - then it didn't happen.

    3. Re:Preach on Brotha! by cygnusx · · Score: 2

      Szulik said:

      > "Open source is an intellectual property
      > destroyer. I can't imagine something that
      > could be worse than this for the software
      > business."

      He is technically right. Open Source in itself is not against the intellectual property... ask Apple. But the bulk of the software which RedHat is associated with a license whose originator has made no secret of his distaste for copyrights and patents... intellectual property in general.

      Now, if you (like many academics and thinkers) think IP is bad, then great, you'll love the GNU idea. If, on the other hand, you are in a business protected only by IP rights (think software, videos, music, books, newspapers), then you just *may* believe otherwise.

  24. Best soundbyte from Bill Lockyer by Queuetue · · Score: 5, Funny

    CA's attourney statement that "It's a little like Big Tobacco being found guilty of selling cigarettes to minors, and the remedy is for them to agree to give them free cigarettes."

    1. Re:Best soundbyte from Bill Lockyer by Scooby+Snacks · · Score: 1
      Hey, I think I like this guy. It looks like he doesn't pull any punches with anybody:
      Lockyer's mouth also has gotten him in trouble, as it did when he suggested that Enron Corp. Chief Executive Kenneth Lay, who has not been charged with any wrongdoing in the collapse of the Houston energy giant, should be locked up with an affectionate inmate named Spike.
      ;-)
      --

      --
      Runnin' around, robbin' banks all whacked on the Scooby Snacks...
  25. what the...? by blank_coil · · Score: 2, Interesting

    How can anyone keep up with Micro$oft? Seriously, while we're all focusing on this antitrust suit, they've got like 50 other projects in the works, from M$ TV, the XBox, .NET, Passport, Windows XP, Explorer, and a whole lot more. By the time we hear about an M$ development, it's already too late, 'cause they've got something else in the works. You can't even stop and say, "Hey, Windows XP has some seriously troubled activation issues" because they've got some other product out before you can finish your sentence. They're pushing stuff out so fast that it's not even possible to discuss your misgivings because it's old news in a day. Kind of like a new tendrils poping up that reach into everything we do. M$ encompasses almost everything in the average person's life, from computers to news to the military. And with the xbox, they're trying to get their products into our living rooms. M$ wants to have your entire house running on their software.

    Now, I realise that there is always the option of simply not using M$ products, but what about all those other people out there who aren't as "enlightened"? To them, Windows is the computer, not simply an OS. While some might not care what John Q Public is running on his home computer, I do, because with more market dominance, M$ gets more power. And with more power, they can start affecting the lives of everyone, even those people who don't touch M$ products. What if Micro$oft really did manage to pass litigation through that banned OSs without DRM?

    Something needs to be done about M$, and not using WinXP isn't going to cut it. If the antitrust suit fails, perhaps we, the people, need to put something into action.

    --
    No sig for you.
    1. Re:what the...? by NecroPuppy · · Score: 1, Offtopic

      Well, when the X-Box sets a couple dozen apartments, dorm rooms, and/or houses on fire, due to the overwhelming lack of heat dissipation in the unit, that will be a big black eye for MS.

      One wonders how they will word the recall annoucement so that they can spin it as not their fault....

      --
      I like you, Stuart. You're not like everyone else, here, at Slashdot.
    2. Re:what the...? by VB · · Score: 1


      How can anyone keep up with Micro$oft?
      Answer is they can't until the Gov't enforces the law.

      Until someone on the Government's side puts a foot down on M$'s ranglings the industry will stay stagnant, people will only code for M$ technologies and 50% of the revenue produced by software development will continue to go to Redmond for licensing fees. Innovative software that's useful will continue to not exist. I'd pay for Cakewalk or ProTools for Linux, but no one's going to develop that software when no one will buy it unless it's written for Windoze.

      Not using WinXP might not cut it, but it's certainly a step in the right direction...

      --
      www.dedserius.com
      VB != VisualBasic
    3. Re:what the...? by Amazing+Quantum+Man · · Score: 2


      Didn't you know? You don't *BUY* the X-Box, you license the hardware, and Microsoft makes no claims of suitability or fitness for any purpose, including playing video games, and they're not liable for any damages caused, including burned down houses or dorm rooms.
      </HUMOR>

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    4. Re:what the...? by MeNeXT · · Score: 1
      The grass is not greener on the other side...While Microsoft has been active so has OSS. We have great GUI interfaces, security, remote control, games, office applications, business applications, etc....


      OSS is strating to mature in the simple USER environment while MS is maturing in the server environment.


      I remember five years ago not beeing able to open a word doc on FreBSD/Linux today I could not care less because it's not an issue I have a choice of app's. They may not be perfect but it's better than nothing.


      So let's stop looking at what sh*t MS is producing and continue building the app's we need and five years from now MS will not even be a issue.

      --
      DRM? No thanks, I'll just get it somewhere else...
    5. Re:what the...? by Anonymous Coward · · Score: 0

      > How can anyone keep up with Micro$oft? Seriously, while we're all focusing on this antitrust suit, they've got like 50 other projects in the works,

      No, no... you've got it all wrong. You must not have read the Slashdot manual before posting. It's not "Microsoft innovates", it's "Microsoft DOESN'T innovate".

      Remember: MS doesn't develop anything worth noticing. That's the mantra.

  26. MS ... Michael ... both need to go away by SuperDuG · · Score: 0, Flamebait
    You can't help but know that Microsoft and the Department of Justice (plus several of the states that joined in the suit) are attempting to settle their antitrust dispute.

    If we can't help to know then WHY are you posting it?? ... hmmm?

    settlement before a Senate committee, which was crippled by political maneuvering (see also the NYT story).

    Seriously ... do you know ANYTHING about politics? ... it's what makes america drive and move ... the ability to manipulate people to get what you want. Sorta like how somehow you're able to manipulate people to let you stay at /.

    Linuxplanet has some advice for people who want to comment on the settlement - you've got 60 days from November 28.

    Ummm I do believe this particular subject will be commented on for the next 20 years. Anyone remember when Standard Oil broke up? ... yeah I do too...

    Michael I am very sorry to be coming at you so strongly, but your articles are pure bullshit ... You state facts then go into opinion that has no basis behind it.

    Moderators - This is not a Troll or Flame ... I AM commenting on the story.

    --
    Ignore the "p2p is theft" trolls, they're just uninformed
  27. Don't forget Office by Darth+RadaR · · Score: 5, Insightful
    One thing that would (IMHO) *highly* cut back on M$'s monopoly would be for the DOJ to make M$ open up their formats on the Office products. I can't count the times that I've told people to send me a document in text-only format because I'm not using MS Office and Star Office might or might not convert it properly.

    If M$ is going to get any fair competition, they need to open their formats on Word and Excel so people are not forced to use MS Office if they have to work with those formats. That would be a big boost for the developers of Abiword, WordPerfect for *nix, Gnumeric, Star Office, etc. They wouldn't have to spend so much time on converters. They could spend their time making great office programs that work with anything someone sends you, and make the office application software battle a fair fight.

    --
    /*drunk.. fix later*/
    1. Re:Don't forget Office by Anonymous Coward · · Score: 0

      but when has office ever been part of the trial?

    2. Re:Don't forget Office by Sawbones · · Score: 1

      I've always wondered something about this solution, and this isn't meant to be flamebait. If Microsoft opens up the doc format - and must keep it open for a certain length of time - are they locked into that doc format for the entire length of the "open" period or are they allowed to still add features. If Office XP can't, say, embed video files into word docs does that functionality now have to be kept out of Office STR and Office DEX? or are they allowed to update the spec. Of course that leads to the "update a month" sort of problem. It's just something I've never seen addressed in any of the calls for open doc standards.

      --

      Ad in classifieds: Pandora's Box (no box) $5
    3. Re:Don't forget Office by NecroPuppy · · Score: 1

      Why would you need to embed video files into a Word document to begin with???

      --
      I like you, Stuart. You're not like everyone else, here, at Slashdot.
    4. Re:Don't forget Office by palantir · · Score: 1

      So they could give us a "moving" target

    5. Re:Don't forget Office by Anonymous Coward · · Score: 0

      Mod parent up, please. It's a favorite of point-missers.

    6. Re:Don't forget Office by DGolden · · Score: 2

      Apart from anything else - you already can embed video into word doc files. One thing MS worked out way, way back, was a generalised "Object Linking and Embedding" (OLE) Framework, akin to KParts in KDE or Bonobo in GNOME, which are much less mature versions of the same concept.

      You can embed essentially any data the system is equipped to handle in a word file, even sound samples and video clips. It's reasonably clever, though other systems did it before MS (as usual). It's a bit like a GUI analog of the way unix command line tools can be used together, and is more powerful than some CLI bigots like to admit. One thing I don't like about the windows model is that it doesn't make it as easy as it could be to work with the GUI components FROM the CLI (unless you regard VBScript + Windows Scripting Host as the true CLI of the box, rather than the anaemic MSDOS shell - perhaps not such a bad assumption). KDE makes it really easy via the "dcop" command line tool, and, in theory, GNOME Bonobo is scriptable via CORBA-aware command line tools. OS/2 and the Amiga via (A)Rexx, and Apple via Applescript, were other examples of systems that got this sort of thing sorted.

      Part of the problem with "opening" the format is that, up until Word 2000, it's really a dump of RTF mixed with whatever OLE/COM structures are in memory at the time, and after Word 2000, it's still partly a dump of OLE/COM, mixed with snippets of XML - a lot of Microsoft, and third-party, Windows software works this way, actually. It's a quick, easy and reliable way of implementing load/save functionality - Java, too, has it's serialization API to do the same sort of thing.

      This is one of the reasons Star Office has such similar functionality to MS Office - if you want data format compatibility, you need functional compatibility, so you program is constrained to WORK similarly to MS stuff - and, for the user-acceptable minimum compatibility, you need to duplicate excel, MS picture editor, MS formula editor, etc, as well. Although such components all appear to be one monolithic block called "MS Office", at the Windows operating system level, they're a jungle of interactng pieces.

      As it is, you still get people surprised when the Autocad drawing they've embedded in a MS .doc file isn't editable on a computer without Autocad installed, and it's even worse for other things non-windows systems, since they may have very different applications. Thus, even though Star Office these days has the basic MS Word and Excel support down pretty well, it will take a bit of time before it's a general replacement. "Opening" the office document format isn't really all that much of a help in terms of additional information - the important thing is to stop MS taking legal action against those who use it, and to constrain MS themselves to stick to the documented document format ( :-) ) and not make changes to produce gratituous incompatibilities - many of the changes from word version to word version are not gratituous, but are actually a symptom of microsoft improving (or just bloating) the core of the program.

      --
      Choice of masters is not freedom.
    7. Re:Don't forget Office by JordanH · · Score: 1
      • but when has office ever been part of the trial?

      When was hardware and software to poor schools ever part of the trial?

      The remedy can be punitive in any way the courts see fit. I don't see why it's not reasonable to attack their markets where it hurts them the most as a punishment.

    8. Re:Don't forget Office by Anonymous Coward · · Score: 0

      'Why would I ever need to put clickable links on this yellow teletype paper I do all my computing on? For that matter, who needs lower case?'

      Damn luddite.

    9. Re:Don't forget Office by manyoso · · Score: 1

      Office was made apart of this trial when it came out that Microsoft tried to successfully blackmailed Apple to include Internet Explorer over Netscape or Microsoft would jeopardize the Office franchise on Apple computers. Any questions?

    10. Re:Don't forget Office by Anonymous Coward · · Score: 0

      Your hero, the idiot Judge Jackson, did not rule the MS had a monopoly on Office suites, so who cares about your point? MS can do whatever they want with their file formats.

    11. Re:Don't forget Office by Black+Parrot · · Score: 2

      > If M$ is going to get any fair competition, they need to open their formats on Word and Excel so people are not forced to use MS Office if they have to work with those formats.

      The 9 states could bypass the DoJ sellout entirely, simply by passing their own legislation specifying that state institutions would not be allowed to create, store, or distribute documents in any format that is not an ANSI standard.

      --
      Sheesh, evil *and* a jerk. -- Jade
  28. Comments on Proposed Civil Settlement by Cy+Guy · · Score: 4, Informative

    You can read the proposed Civil Settlement (pdf) and the responses as well. They also are pdf files being just scanned images of the letters recieved.

    The responses are interesting, most of the ones I have read from School Districts indicate that they are afraid that they get very little value out of the settlement, since the software will be donated, and the hardware will be largely used requiring more maintenance than the benefit it provides. In efffect the schools are saying that they will be saddled with a much greater percentage of the total cost of ownership than Microsoft. So if the intention is to punish Microsoft and reward the schools this is the wrong way to go about it.

  29. Re:Dear Santa by Anonymous Coward · · Score: 0, Funny

    Taliban uses BSD,

    Taliban is dying,

    Therefore BSD is .....

  30. What an amazing deal for Microsoft by NetSettler · · Score: 2, Insightful

    ... Under the terms of the settlement plan, Microsoft agreed to provide cash, computers and software it values at more than $1 billion to public schools that poor children attend. ...

    Filling our kids' classrooms with visible reminders of a company is no way to correct a monopoly any more than it's a way to keep kids from smoking.

    Imagine if the tobacco companies had been allowed to settle by saying "we'll put a bunch of stuff we know you can't afford and desperately need into your schools, with our logos highly visible to impressionable young children who will grow up highly inclined to become our next generation of customers ... in exchange for being let off."

    --

    Kent M Pitman
    Philosopher, Technologist, Writer

  31. more info on the hearing by dcgaber · · Score: 5, Informative

    Senator Leahy had invited Jim Barksdale (co-founder of Netscape) to testify on the effects the RPFJ would have had if it was in place when Netscape was starting up. Microsoft balked at having him testify and said they would have refused to appear if Barksdale was there. So Barksdale was dis-invited, but sent a letter giving his answer. That letter was partially read by Sen. Hatch and said that Netscape would have never received VC funding. Pretty damning stuff.

    Leahy asked Charles James (head of Antitrust for DoJ) to respond. He dodged saying that he had not read the letter yet and it seemed like typical hyperbole that was being spouted off (but also said he could not characterize it as such given he has not read the letter). Leahy asked him to formally respond for the record, which will be done in writing (I assume).

    It was a little suprising to see such a little used procedural movement to kill the hearing. Leahy was visablly upset, but admitted its a Senator's perogative. Ironically, it was Sen Byrd (who knows every minutia of procedure) who was upset over TPA (fast track trade negotiation authorization for the President on trade treaties) and called that mark-up to a halt--however, it had already been succesfully reported out of committee at that point.

    So what was left was 4 Senators upbraiding MS and calling the settlement for the sham it is. The only one defending the settlement was Sen. McConnell who clearly wanted to get his 1 minute in before the first recess (for votes, asked to be heard when Leahy tried to do a 20 minute break so he would not have to come back). All McConnell said was that 70% of the public favor a settlement, so any settlement is good. Leahy responded by saying that he too favored a settlement, but not a meaningless one riddled with loopholes.

    FYI, the 4 senators attacking MS were Leahy (D-VT), Kohl (D-WI), Hatch (R-UT), and DeWine (R-OH), a bi-partisan group to say the least.

  32. ironic quote by Steve Balmer in the LA Times story by Vspirit · · Score: 1

    Quote from the LA times story:

    "As a major employer and a leader in our industry, we take our legal obligations very seriously," Microsoft CEO Steve Ballmer said in a statement.

    "These new compliance officers will help us do an even better job of understanding our responsibilities under the law and ensuring that all our people know what's expected of them. We are committed to full compliance with the antitrust settlement, as well as all the other laws and regulations affecting our business."

    hehe I find it quite ironic. They take the law very seriously they say, yeah.. their law. Especially when they themselves are writing it.

  33. How to help... by Anarren · · Score: 1

    It seems we all more or less agree that Microsoft is evil and needs to be toppled, one way or the other. Something that people can do, if they're in a position to do it (a company or organisation with in-house counsel, for instance, or attorneys themselves), is to take the time to file an amicus brief.
    They aren't as useful as, say, electing a president/representatives less wooed by the $ in M$, but they help. Especially in these highly politicized keep-my-job-as-appointee-by-making-happy-constitue nts cases.

    --
    "Knowledge is of two kinds: we know a subject ourselves or we know where we can find information." -Samuel Johnson
  34. What a headache by The+Kenneth · · Score: 0

    Now, I realise that there is always the option of simply not using M$ products, but what about all those other people out there who aren't as "enlightened"? To them, Windows is the computer, not simply an OS.
    Simply not using MS products is not that simple. I recently (les than a year) have attempted to rid myself of MS products but it is close to impossible. I do not use hotmail, nor am i going to get an xbox, but my attempt to move to linux has tapered somewhat. I now dual/triple boot but find myself logging into winME (be quiet) more than redhat or connectiva. I am also a avid Rogue Spear player, and have many friends who I know soley over the ZONE. Of course you know now i needed to get a passportpassport account for that and i lasted a whole 2 days before I signed up for one (by the way, if you want to email me at my new email adderes for .net i am at forthisidespise@myself.com)
    IE is also the browser with it all (not excluding gaping security holes), and my frequent tries at opera and netscape (i use mozilla now when not on IE) have always ended up useless becuase of one plugin or support feature that was not there.
    And I work in a PCLAN, emagine how difficult it would be to swap a more clueless user to not usint any of tio bill's products
    This has got to stop.

  35. Don't like it? Then help fix it! by Arethan · · Score: 5, Informative

    Bitching about how letting MS put it's products into our children's classrooms will only increase their foothold isn't going to help when you only do it on slashdot! Here's the contact info for making your argument known! For those extra lazy people (myself included), they are also accepting emails!

    US Postal Services:

    Renata Hesse,Trial Attorney
    Suite 1200, Antitrust Division, Department of Justice
    601 D Street NW
    Washington, DC 20530

    Email:
    microsoft.atr@usdoj.gov

    Fax:
    202-616-9937 or 202-307-1545

    Try not to be too rude. Remember, someone has to actually read these, and you'll only make them ignore your arguments if you are snide. Also, try to get records of reciept where possible. (Send by certified mail, use email reciepts, get fax reciepts) Supposedly ALL recieved comments will be published in the Federal Register. So if you don't see your comment in it with all the others, then you will have your reciept to back up your claim that not all comments were considered and included!

    1. Re:Don't like it? Then help fix it! by good-n-nappy · · Score: 1

      Just to add to that, the LinuxPlanet article recommends fax. Normally snail mail would probably be better but with the anthrax craze... fax is more reliable and definitely faster. The article also recommends actually putting your signature and contact info on the fax too.

      BTW, this article is pretty witty and well written - I recommend it. It includes a challenge to demonstrate the Linux "community."

      --
      Never underestimate the power of fiber.
    2. Re:Don't like it? Then help fix it! by dcgaber · · Score: 2, Informative

      Actually, this is a private antitrust suit. You should let your views be known here:
      The Honorable J. Frederick Motz
      Chief Judge
      United States District Court for the
      District of Maryland
      101 West Lombard Street
      Baltimore, Maryland 21201

      and you can email here:
      robert_wolinsky@mdd.uscourts.gov

      The DoJ is not involved with this as it is a private suit. Two letters that we wrote can be found here and here.

      If you have a problem with the DoJ proposed settlement, there are places you can file your comments too. They have been listed repeatedly here.

  36. wtf, btw by Anonymous Coward · · Score: 0

    what is the shite on B. Gates' face on /.'s MS icon? just asking....?

    1. Re:wtf, btw by socokid · · Score: 0


      Ever see a borg in the Next Generation Star Trek series?

      "You will be assimilated. Resistance is futile."

      Fitting AND funny. I like it.

    2. Re:wtf, btw by Anonymous Coward · · Score: 0

      Ahhh, ok, excellent. Thanks!

  37. the quote was on ZDNET by Vspirit · · Score: 1

    good thing to be able to correct your own mistakes before they become a problem for others and a liability to you.

    something Microsoft should seriously concider in their strategy. But they probably won't know how to make just as much money that way.

  38. A fairy tale story... by Anonymous Coward · · Score: 0

    Once upon a time the King's court jester offended him so severely that the King decided that the Fool must be punished, and unfortunately the punishment was to be death. The King said to his Fool,"Jester, you have offended me in a way that must unfortunately be punished by your being put to death, but since you have indeed served me for very many years and brought much amusement to my court in the past, I will allow you to choose the manner of your death."

    So what form of death did the Jester choose? Why he chose to die of old age... after all he was no fool. ;-)

  39. Ahhh! Enough about monopolies already! by Alcimedes · · Score: 1

    For the last friggin' time, being a monopoly IS NOT ILLEGAL!!!!

    abusing the monopoly power that you have is illegal. MS abused their monopoly power, that's what they're in trouble for.

    the act of being a monopoly is not a crime, so shut up about it already.

    i can just imagine the stream of sniveling drivel coming to the DOJ about how M$ Sux0rs, and how they h4x to get a m0n0p0ly.

    sheet. don't write a letter to the DOJ or anyone else until you know what they did that was illegal for Pete's sake.

  40. the point on the scale by mckwant · · Score: 4, Informative

    I don't recall the name of the metric off the top of my head, but one that is commonly used is the summation of the squares of the market shares of the various companies, or:

    [sigma from 1 to n] (% mkt share) ^ 2

    So, if we assume that MSoft has 90% mkt share of business desktops, then their (whatever the name of the metric is) would be upwards of .9^2, or .81, which is very high indeed. Traditional industries usually break down into something like .4,.2,.1,.1 + niche players, and I think the legal bound on the overall metric is usually something like .4 for monopoly.

    Of course, the lawyers get involved with the definition of "market," as it's in Microsoft's interest to define market as broadly as possible, and it's in the DOJ's interest to be as finite as possible, since the DOJ can then "prove" that MS has a monopoly over the "secretary level OS sales among Fortune 30 companies involved in airplane wheel manufacture." Meanwhile, MS would claim that they only hold 10% of the "business machine requiring an electrical circuit" market.

    Not an answer, but it might help on the question of monopoly scale.

    --
    ceci n'est pas un sig.
  41. I think I just fainted. by jd · · Score: 2
    Orrin Hatch - not notable for intelligent remarks - actually spoke up against Microsoft! This is probably comparable only to Hugh Heffner converting to Puritanism.


    On a slightly-related note, the UK Government has just discovered that Microsoft is raising its licencing fees by about a hundred million or so dollars, as of next year. Apparently, they're not happy about this and have told Microsoft to either think again, or take a long walk off a short plank. The UK Government is also starting to take a serious look at alternatives.


    This is just a thought, but this COULD spell the end of Microsoft as a mega-corp, =IF= the Linux distros can get their acts together. Think about it for a moment. Let's say only a few EU Governments switch to Linux. Well, the Governments are amongst the big spenders for Universities, so Universities will likely follow suit. This'll trickle down into the earlier schools, and from there into the homes.


    If Microsoft lose enough European Governments, they lose the European educational (and by extension the home) markets. In consequence, since people generally stick to what they know, there's a decent chance they'll lose the European technical markets, too.


    BUT this requires that Linux distributions exploit this potential opening. To do that, they need to include more ease-of-use software. Linuxconf and/or Webmin are getting to the point of being useful to Joe Average, but they generally aren't included. Ximian is nice, but again, it's usually missing. Since home users'll likely be using multimedia stuff, the kernels used need (at least) the low latency patches. For games, where's FlightGear? The Doom-alikes? Speech goes over well, so where's Festival? Office users are likely to need to connect to Windows systems, but Samba rarely gets a mention (never mind configuration) at install time, and Samba-tng seems to have vanished, as far as distros are concerned.


    My point? My point is that Linux has everything it needs to take over, and an opportunity is presenting itself over one of the most important continents on the Earth today... ...and that we're all too busy modding each other up or down over stupid things to do anything about it!!!!!

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:I think I just fainted. by Anonymous Coward · · Score: 0
      Orrin Hatch - not notable for intelligent remarks - actually spoke up against Microsoft! This is probably comparable only to Hugh Heffner converting to Puritanism.

      No. Orrin Hatch, R-Utah. Novell, corporate headquarters, 1800 South Novell Place Provo, Utah 84606. Senator Hatch just wants some campaign funds.

    2. Re:I think I just fainted. by Anonymous Coward · · Score: 0

      Let's hope that Microsoft does an immitation of Enron's swan dive! Government influence didn't help at all here!

    3. Re:I think I just fainted. by archen · · Score: 1

      Orrin Hatch - not notable for intelligent remarks - actually spoke up against Microsoft!

      That's a bug. It should be fixed in M$ goverment 2.0

    4. Re:I think I just fainted. by Anonymous Coward · · Score: 0

      Hmmm, just want to insert here that German Gov is *really* considering switching to SuSE, and some things in germany allready run on SuSE...

  42. Re:Ahhh! Enough about monopolies already! by Queuetue · · Score: 1

    It's not illegal to have a monopoly, but it is illegal to maintain one.

  43. Re:Politcal vent by Anonymous Coward · · Score: 0

    Okay. But don't forget, there's roads to build and keep up, water supplies to monitor, safety services, civil services, lawns to mow, sanitation to deal with, borders to guard, food supplies, levies to maintain to keep rivers from flooding towns, and all sorts of little vitalities that "revolutionaries" fail to place in the picture.

    Not quite as simple as you would think.

    Now go away, or I will taunt you a second time-a. :P

  44. Is the explanation in Babylon 5? by Anonymous Coward · · Score: 0

    Think about it - after essentially winning their war, the victorious DoJ is willing to surrender and let their foes dictate terms? Does this mean that human souls are migrating into Microsoft employees?

  45. My proposal. by haystor · · Score: 1

    Every company that signed exclusive distribution contracts with microsoft should be fined $1.1 billion.

    Anyone that wants to continue using a MS product must pay again the amount they spent to get that product in the first place. This will be their penalty for contributing to the extension of a monopoly.

    I think this would be the best solution. I know Linux could pick up the slack for the more tech savvy but I doubt Apple could meet production for the screaming hordes running their way.

    --
    t
  46. Re:Stop complaning by Anonymous Coward · · Score: 0

    This is just my opinion... and feel free to bash me on my head when I'm done... but why is everyone messing with Microsoft? They are a coporation, and like other corporations, they wish to make money. And they have made money, lots of it, because there is no competition. Because they destroyed all competition.

    Why does the opensource community care? I think it is a weakness, asking for help from the DOJ to "help us bring down the industry bully".

    Microsoft are where they are because of the work they put in and the companies that they walked over on the way to get here. It could easily be OS/2 on 90% of the desktop of people if OS/2 would have taken other directions.

    I am not a Microsoft fanatic. If I have to use the product, I will. I think that there OSes are some of the largest piles of T-rex dung on the planet. But they are where they are because of the consumer. My first OS, was RedHAt, because I was informed about the situation. I was a budding programmer, who did not want to spend $200 for the OS, another $100 for the compiler, and deal with frequent crashes. I was informed on all platforms. As an excample, I worked with NT 4.0 everyday in my MCSE class in High School. (Yes, I was an MCP.) I asked my teacher why MCSE and Sun, or IBM or something, and he replied, "MS is where the money is."

    There are many people who belive that Windows is a better product than Linux, OS X, or BeOS. I belive they are all strong at certain points. But Microsoft is the largest, has the most money(for R&D, but where does it go?), has the most market share, and will remain at the top until something
    else comes along.

    Scientist do not use windows. They need more power and stability. They are informed individuals, so they choose SGI or Sun or the build their own clusster. I knew, first hand of Microsoft's OS, and chose something else. Would other make the same decision, I don't know. But if something better was out there... the consumer would use it. I mean the average consumer, not you and I who are, _informed_.

    Why is everyone bithching anyway? If you are happy with your UNIX variant or whatever, shut up and be happy.

    These companies just want MS out of the way so they can get more market share, which = more money. Anyway, is anyone complaining about nVidia?

  47. name of the metric by mckwant · · Score: 2

    It's the Herfindahl index. The DOJ, at this site, uses the Herfindahl-Hirschman Index, which is the same thing, only without the decimals. So, while the Herfindahl index goes from 1 (total domination of market) to 0 (atomistic competition), the HHI goes from 10000 to 0. According to the site, anything above 1800 (or, by the other scale, .18) is considered highly concentrated.

    --
    ceci n'est pas un sig.
  48. phat by Anonymous Coward · · Score: 0

    phuck all yall coming off the wall, I got a ceo in da back swinging from my balls. Uh you want me to set it like some mac 11 kids unleaded.

    the point of all this? You are all lame. More power to Microsoft, without them we would all still be using typewriters.

  49. Interesting difference: Dimitri vs MSFT by RNG · · Score: 4, Insightful

    The contrast of how the US judicial system can work is interesting: Dimitri circumvents the protection on some minor piece of software and gets thrown into jail. MSFT leaves behind a trail of dead competitors and obvious monopolistic abuses, their executives basically deceive the court with false or doctored testimonies and they're looking at another slap on the wrist.

    Isn't it great what (lots of) money can buy you??

  50. Also check out petition: by Miles · · Score: 1

    http://stephenadler.org/petition/
    Regarding the K-12 thing.

    Andrew.

  51. The Constitution Was A Cathedral, Not A Bazaar by ObligatoryUserName · · Score: 2, Informative

    While I agree with the sentiment that Open Source often seems All-American, and generally jives with the ideals of a young Thomas Jefferson - the Constitution was written by a group of elite individuals (perhaps unique in the world at the time because their elite status was not solely based on their parentage), in a closed and sealed up building, where no one was allowed to report the proceedings to the populous at large. After they had created their new document for government they set about to use the tools of mass media (The Federalist Papers, and other forums) to convince everyone else that their Constitution was The Best Thing for America. (Even though most of them thought of themselves as Virginians, or New Yorkers rather than as Americans - Hamilton being the only obvious exception that springs to mind) And it worked, they convinced us to adopt their method of governing. Sure they had to add a patch that some of the end users demanded (Bill of Rights), but their creation was otherwise untouched.... wait a second, this isn't alt.history.colonial, is it? In brief, Szulik's speech was a nice sentiment, but his vision of how the Constitution was drawn up is imaginary.

  52. What's the big deal? by me0 · · Score: 1

    Antitrust this and that...I'm sick and tired of it. I've been punishing Microsoft for over 2 years now by not using their crappy software at all and the only reason they haven't noticed is because you people still use their crapXP(tm). So instead of wining about M$ choosing their own "punishment" to further extend their monopoly just take a stand today (no not next monday) and throw their shit away, go join a project and live happily ever after.

    Side note: How come they never made a version of Monopoly (the game) ? That would be awesome - Microsoft Monopoly(tm). Haha :)

  53. Keep Their Hands Off of Everything Else??? by Anonymous Coward · · Score: 0

    Do you mean, the way they "kept their hands off" Enron?

    Have you heard about Enron? Enron created the illusion of extreme growth and power by using an accounting loophole and "making all of their money from trading". Enron was also in bed with the Bush administration. Enron executives and Enron itself made huge contributions to the GOP. In return, the Energy Department was full of ex-Enron executives. The Enron CEO could dictate who worked in Energy. Needless to say Enron was leading the charge in favour of de-regulating not only energy, but, everything!

    The irony of this whole distaster is that Enron might have been saved by regulation! Enron's crash has been compared to a "Run on the Bank" dating back to when there was no bank regulation or deposit insurance. Enron was moving into many of the functions of a bank, e.g. creating and trading derivatives. Of course, Enron would have been constrained by regulation into being a well run, well capitalized company with boring, slow and steady growth, instead of doing an immitation of a skyrocket.

    My reading of the Enron debacle, Microsoft's monopoly stifling all of high-tech and airline deregulation (can you say Sept. 11?) leads to one conclusion. Capitalism can only work in the long run if THERE IS AT LEAST SOME REGULATION EVERYWHERE IN THE SYSTEM.

    Every game needs some rules. The question is, who can and will set the rules. Enron, Microsoft and the airlines have pretty conclusively proved that the players cannot set and enforce the rules!!!

    By the way, Enron must have distracted Dubya's attention away from Microsoft, since he was such a close friend to top Enron executives. Can you imagine what will happen if Enron executives face jail time? Dubya can aleays pardon them at the end of his administration, shades of Clinton's pardons. I am watching and waiting to see whether Dumbya is too dense to learn anything from the valuable Enron object lesson!

  54. Re:Stop complaning by dcgaber · · Score: 2, Informative

    There is nothing wrong with having market share or perhaps even being a monopoly. But when you abuse your position to foreclose competition, not only does that hurt competition (which hurts consumers) but is illegal.

    That is great that you had that option to choose your OS. However, most people buy their computers through major OEMs and don't have the luxery of building a system and compiling their own OS on the system. They have a system with Windows pre-installed, whether they know they have another option or not. An average user is not going to dl an iso and re-partition their drive to put another OS on it. They are not going to purchase another OS (even for super cheap) at CompUSA when their is an OS right there. And OEMs are not going to offer another OS pre-installed because of MS retalitory conduct (and that part is illegal).

    So, the user brings their computer home and it has windows preinstalled. Included is a web browser so the user is not going to dl netscape/opera or whatever else. Also included is a media player (hard bolted into the browser) so they are not neccesarily going to dl another player. Not included is Java, so develepers will stop java development (don't believe me, why do so many web builders, aside from laziness, code pages for IE that look wierd on different browsers).

    Another key consideration is office. In a business, files are transferred in MS formats. Why would a company put on an OS that can't handle applications that they need? MS will not port office to linux for this specific reason (and as good as Star Office is, it can't handle conversions flawlessly).

    I would suggest that anyone who questions what MS did is illegal read Judge Penfield's findings of facts. Or read this article for a basic summary This details all the ways that MS broke the law. Contrary to what MS says, a conservative 7 Judge Court of Appeals upheld the majority of this decision and found MS behaved illegaly.

    What MS does is limit users choice. They do this by taking one monopoly and leaveraging that into another monopoly. I could care less what OS people use, what browser people use, and what software people use. But I do like to have a choice as to what to use, and I like venture capitalists to not fear investing in technologies that MS already is competing in , intends to compete in, or may just so happen to decide later to compete in. As Barksdale, now a VC, said in his letter, a VC will not invest in a technology if MS ever has an intention to use their monopoly to "compete" (read destroy) that technology. And while the open source community is great, VC is also neccesary otherwise these technologies will wither on the vine.

  55. In other news..... by Jaysyn · · Score: 1

    Microsoft celebrates DOJ penalty buy purchasing Red Hat....

    Jaysyn

    --
    There is a war going on for your mind.
  56. My $0.02 for public comment by cecil36 · · Score: 1

    I have been a user of Microsoft products since MS-DOS 6.2 I know Microsoft has published quality software and should be allowed to continue doing so. What I disagree on is the marketing tactics that Microsoft has used to expand its business at the expense of third-party competition keeping a level playing field, particuarly in the area of office applications and suites. I feel that an appropriate punishment for Microsoft for its violation of anttrust law is the following:

    1: The proposed donation of computer equipment and software to poor school districts should be computer equipment purchased by Microsoft, with no software installed, and software being made available through grant money provided by Microsoft for the school districts to spend on software as they wish. School districts can then decide, with the help of IT professionals such as myself and others, which software packages and operating systems they can purchase and utilized on these donated computers.

    2: Any Microsoft proprietary document file formats should be made open, and developers should be allowed to have unrestricted access to software development kits to develop programs that can read from, write to, and modify these documents. With this clause as part of a final judgment, better quality software products, such as a version of Microsoft Outlook that contains very few security holes which can be exploited through the spread of e-mail "worm" viruses can be developed.

    3: Any standards and protocols that Microsoft has establshed while it was operating as a monopoly must be made open, with unrestricted access to developer kits and documentation for software and hardware developers wishing to utilize these standards and protocols. Again, this will level the playing field, with better quality products being developed by many manufacturers and developers.

    The real issue at hand here is how fair is it to the consumer to allow Microsoft to continue operating under their current business practices.

    Sometimes I troll because God tells me it's a good idea.

    1. Re:My $0.02 for public comment by Anonymous Coward · · Score: 0

      "I have been a user of Microsoft products since MS-DOS 6.2 I know Microsoft has published quality software and should be allowed to continue doing so."

      MS operating systems were pure, unadulterated, buggy/crashy crap until NT4. In fact, it's hard to find operating systems that were worse than MS's, until NT4 arrived (Unix, OS2, Next, MacOS, etc - all superior to MS's operating systems at their respective times. Problem was that a lot of software (particularly business) was written for Windows only. Microsoft did not gain it's market position by creatign a better product. MS got it's market position by being the (very) early business standard. Not unlike like the qwerty keyboards that most of us use.

      Backward compatibility is what saved MS's buggy arse

    2. Re:My $0.02 for public comment by Anonymous Coward · · Score: 0

      1. The donation to schools involves a private class-action case, not the DOJ case. The private case has not even gone to trial yet, so no guilt has been found. At this point, the plaintiffs can't dictate the terms of a settlement. Any settlement arrived at before the case goes to trial must be acceptible to both parties.

      2. The file formats were never part of the case. Jackson ruled that MS has a monopoly on desktop operating systems running on intel chips (hey, I guess if you narrow the definition of any market enough, anyone can be found to have a monoply in that market). Anyway, Jackson ruled that used illegal means to maintain its monopoly in this market. He did not rule that MS had a monoply in Office suites, and did not rule that MS had a monoply in file formats.

      3. Again, your third point has nothing to do with illegally maintining Windows as a monopoly.

      You seem to want to deal with monopolies in the Apps arena rather than the OS arena.

  57. Bitch and Moan... by dygytyz · · Score: 2, Insightful

    ...all you want, but the ONLY way that things are going to change is through:

    1. Voicing your displeasure in Microsoft by:

    a) Boycotting Microsoft Products
    b) Sending Microsoft and your elected representatives messages about your personal boycott.
    c) Encourage others to do the same.

    2. Alternative Advocacy:

    a) Put Linux on every computer you can.
    b) Educate, amuse, and entertain the people you come into contact with about the alternatives. Make it fun, not a chore.

    3. Quit talking out of your ass and spewing anti-MS propaganda. It's hard to make friends when you're vilifying someone else out of the other side of your mouth.

    The power of the American citizen lies within his and her wallet. When we buy a product, we are sending a message to the producer that we accept *everything* they do with respect to how that product is made, marketed, and consumed. If you want to hurt Microsoft - do it with your power as a consumer. Hit them where it hurts the most - in the P&L statement. Sell your MSFT and invest the funds in a company you admire.

    If you _have_ to use Microsoft products, that's fine, but I've found I can convince my employers to switch not by voicing my hatred of Microsoft, but simply comparing Microsoft products side by side with similarly capable open source alternatives.

    Three words: Return on Investment.

    That is all.

    --
    Mmmm... Pistol Whip...
    1. Re:Bitch and Moan... by bonius_rex · · Score: 1
      Agreed. Microsoft rules the world, corrupts the government, steals lunch money from children etc, etc. blah blah blah....
      Bitching about it to the rest of us on Slashdot makes no difference.
      Want to do something about it? Go write some cool piece of kick-ass GPLed code.
      Submit a bug report
      Not a programmer? Write some documentation.
      Go on IRC or USENET and help the newbies.

      Microsoft is irrelevant. Don't use thier products. Don't visit MSN.com, don't watch MSNBC. Don't buy an Xbox.

    2. Re:Bitch and Moan... by pinkj · · Score: 1

      '2. Alternative Advocacy:
      a) Put Linux on every computer you can.
      b) Educate, amuse, and entertain the people you come into contact with about the alternatives. Make it fun, not a chore.'

      I would love to have Linux on my computer if only I could keep running the audio apps and music composing software I constantly use in Windows. My room mate installed Linux on his computer and tried to run a program we both use frequently called Buzz in Wine but it would barely work.

      Until I'm able to find some composing software for Linux which equals or rivals the one's available for Windows, i'm stuck with Microsoft.

  58. M$ Opposition needs to refocus by ArhcAngel · · Score: 1

    As I recall the DoJ's case focused on particular activities. The one that comes to mind is when Compaq made the decision to preinstall Netscape on their Presario systems and add an icon to said browser on the desktop. That SEEMS harmless enough except M$ wants IE to catch on. So M$ sends Compaq a little letter to the effect [Dear Compaq, since you are putting Netscape on the desktop we are revoking your OEM status in 30 days. Please make arrangements with the VAR of your choice for further licensing of our product. M$] Now technically this is legal and M$ has every right to do this. Where it becomes a monopoly issue is that Compaq now has no option to install. Linux is not ready for the desktop (in 1995 it really wasn't) and even if it were your not going to find a large corporation willing to do without M$ win9x/NT etc. So, since there are no "viable" (that's the key here) alternatives M$'s actions become blatantly monopolistic. If there were more than one company that distributed the latest version of Windows then Compaq could just say "OK, we'll buy Windows from Macrosoft or Microhard". Compaq could have bought their licenses through a VAR like everybody else at retail, yes, but that would have made every unit they sold much more expensive. If the plaintiffs stick to the original argument I don't see how they can be denied. "If the monopoly fits you must not acquit!!!"

    --
    "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
  59. NOISE by hawk · · Score: 2
    After the folks in the black helicoptors stopped coming and giving free rides, the Vast Right-Wing Conspiracy fizzled out. Many of our members (who, indeed, came from all parts of the political spectrum, but shared the common bond of enjoying helicopter rides and those marvelous brownies Phyllis Shaffley always brought) went looking for other secret organizations to join.


    But we'll be back! just as soon as someone has fuel for the helicopters . . .


    hawk, who denies being a member

    1. Re:NOISE by matrix29 · · Score: 1

      After the folks in the black helicoptors stopped coming and giving free rides, the Vast Right-Wing Conspiracy fizzled out. Many of our members (who, indeed, came from all parts of the political spectrum, but shared the common bond of enjoying helicopter rides and those marvelous brownies Phyllis Shaffley always brought) went looking for other secret organizations to join.

      You mean the Monsanto Black Helecoptors? The ones used to mutilate cattle to get farmers to sell their farms for pennies? The ones used to enlarge their multinational control?

      And yes there is a huge Rightwingnut conspiracy by the Nazis to buy up all of the economic, mineral, political, news, energy, and manufacturing interests. They aren't seeking control in just America, they have already spread their tentacles into the cores of many other nations and have experimented with death programs many times over the past few years.

      --
      "Face it, a nation that maintains a 72% approval rating on George W. Bush is a nation with a very loose grip on reality.
  60. Ask the Canadians Why They Have done Nothing by frank249 · · Score: 5, Interesting

    In Canada, the law that is supposed to protect Canadian consumers and businesses is the Competition Act. The Government agency in charge of upholding this law is the Competition Bureau.

    It is funny how the Microsoft has been convicted in the US and EU of illegal monopolistic business practices yet the Canadian Competition Bureau has done nothing. You can email them to ask why here.

    If you are Canadian and want to ask the same question of your member of parliment, their email addresses are here.

    --

    Today's vices may be tomorrow's virtues.

    1. Re:Ask the Canadians Why They Have done Nothing by Anonymous Coward · · Score: 0

      Around one year ago some Canadian government division issued a public invitation for Microsoft to move to Canada and promised Microsoft that they would not prosecute them. I suspect that Canada still sees Microsoft as a potential revenue source and will not take action against them for fear of destroying any chance of Microsoft moving to Canada.

  61. I'm one of them... by alexhmit01 · · Score: 2

    I like Bush, I "liked" Sen. Ashcroft. I'm not terribly thrilled with Ashcroft post 9/11. I give the FBI props for doing a great job of rounding up the suspects. I don't like the power grab.

    I voted in Florida...

    I don't think that Clinton/Reno was attempting to apply Justice, I think that they were making a point to Microsoft that they need to "participate" in the government. Once the "participation" checks arrived, the situation changed.

    All the politicians are corrupt to some extent, its the nature of the beast. I refuse to believe that Clinton/Reno were anything but corrupt in this case, as their 8 years of behavior indicated.

    1. Re:I'm one of them... by GWGuen · · Score: 1

      I'm not from Florida but I AM from Missouri. I voted for Ashcroft every time he ran and I'd probably do it again if he ran for an office here. We certainly haven't had any better alternatives. Still, that doesn't mean that I agree with everything he's done and the DoJ's capitulation to Microsoft (so far) bothers me the most. I STRONGLY agree with you that Clinton/Reno didn't pursue the Microsoft case because they had the best interests of the country in mind. Our ex-President certainly showed that upholding the law wasn't one of HIS priorities... Glen Guenther

  62. "radical and punitive" by Mansing · · Score: 2, Insightful

    Microsoft has criticized the alternative remedy offered by the hold-out states as ``radical and punitive'' measures that ''seem calculated to inflict maximum commercial harm on Microsoft.''

    Uhmmmm ... isn't that the point when someone is found guilty?

  63. lawyer: poppycock! by hawk · · Score: 2
    I am a lawyer, but this is not legal advice. If you need legal advice, contect an attorney licensed in your jursidiction. If you try to get legal advice on slashdot, find a mental health facility in your jurisdiction.


    > But read the appeals court judgement -- the DOJ's
    > (broader) case was pretty well undermined.


    That's nonsense, even by slashdot standards!


    The tying issue was sent back. The findings of fact, however, were upheld in their entirety. The findings of illegal use of market power were upheld.
    > Microsoft was a mean boy to the OEMs. That's the only thing that the
    > government's got them on,


    I'm not sure what to say, other than that you should put the crack pipe down. The *process* by which the remedy was chosen (specifically, a judge breaking ethical rules by granting interviews) was rejected, and one conclusion of law was rejected. Microsoft shills are claiming that the breakup was overturned, which is a willfully false statement. The court was very clear, and even issued a second opinion to make clear, that it had not ruled out *any* remedies.


    hawk, esq.

    1. Re:lawyer: poppycock! by GWGuen · · Score: 1

      I agree with you totally (and I'm not even a lawyer!). It doesn't seem to me, though, that the DoJ is using that leverage in their settlement. After the findings of fact were upheld I had hope that Microsoft would be forced to accept a settlement with some teeth to it. Unfortunately with what the DoJ has proposed, now it looks like all we can do is try to gum MS to death... I hope that the Judge will throw out the proposed settlement but I'm sure not going to bet on it. She seems pretty determined to have a settlement worked out outside of the court. This may not be quite what she wanted (or expected) but I don't know that it will be bad enough for her to throw it out... Glen Guenther

    2. Re:lawyer: poppycock! by Anonymous Coward · · Score: 0

      IANAL, nor the great hawk. Just the regular slashcracksmoker who can't see how a breakup can be intellectually justified without the Tying finding.

      Is *anyone* talking about a settlement that extends beyond "Be Nice" provisions for OEMs and 3rd party app companies? Why is that?

      To go back to the root post, without the Tying and Comingling stuff, it looks to me that MS can do what they want with .NET and XBox, etc.

  64. CSPAN Coverage of the Testimony by geomon · · Score: 3, Informative

    Available for viewing - roughly an hour long.

    Here 'tis

    --
    "Rocky Rococo, at your cervix!"
  65. My letter by mitchner · · Score: 2, Interesting
    Per the LinuxWorld column, below is my letter commenting on the settlement. Don't just complain about MS. Copy it, change it to your liking, and fax it to the number in the address!

    Renata Hesse, Trial Attorney
    Suite 1200, Antitrust Division
    Department of Justice
    601 D Street NW
    Washington, DC 20530;
    (facsimile) 202-616-9937

    Dear Sir or Madam:

    I am a computer programmer and consider myself knowledgeable of the computer industry. I am writing concerning the proposed Microsoft settlement with the Department of Justice. Since Microsoft has already been found guilty, I consider the existing settlement to be severely lacking in several areas. As it is currently written, the settlement will not prevent Microsoft from continuing their anti-competitive behavior. Also, it provides no penalty for Microsoft's past behavior. A meaningful settlement needs, at a minimum, the following:
    • Both the Windows API and Microsoft document formats (MS Word, MS Excel, etc) must be made freely available to anyone who wants them.
    • Microsoft networking protocols must be standardized by a standards body. This will prevent Microsoft from using their private, proprietary protocols to seize control of new applications used on the Internet.
    • Microsoft products should be provided only as extra-cost options on personal computers. The software should also be available for the same price as the difference between a computer loaded with Microsoft products, and one without any Microsoft products. This will prevent Microsoft from "bunding" an entire kitchen sink of applications with Windows, increasing the price of Windows (either directly or indirectly), and preventing competition.


    Sincerely,

    Michael J. Green
    concerned, informed Citizen
    1. Re:My letter by good-n-nappy · · Score: 2, Interesting

      Here is my letter - this should give you a little more filler prose to mix-and-match to make your letter unique :)

      To Whom It May Concern:

      I would like to express my concern over the latest settlement proposed by the Department of Justice in the Microsoft Antitrust case. As introduction, I am a software developer who builds applications primarily for the Windows platform.

      One of my primary concerns with the proposed settlement is that it ignores the damages done by Microsoft's anti-competitive behavior to rival technologies. While I am pleased that Microsoft's future actions are to be regulated by the settlement, I feel that much of the damage has already been done. Simply enforcing certain prohibitions on Microsoft's business practices will not repair many of the companies that have suffered because of Microsoft's predatory activities. Granted, it would be a difficult task to quantify all the damages done by Microsoft to every company, but the fact that so many companies have been affected suggests that the current settlement is not appropriate. While I will not propose specific alternative settlements, I do suggest measures that will impose damages on Microsoft tantamount to those it imposed on its competitors.

      I take greatest exception to the idea that a quick settlement will be in the interest of the people. Its monopoly in the Operating System market has allowed Microsoft to expand to new areas such as Internet retailing, broadcasting, and entertainment. Given that the current settlement amounts to a slap on the wrist, Microsoft will have no impediment to extending its stranglehold to these new domains.

      Thank you for your attention.

      --
      Never underestimate the power of fiber.
  66. Reread his post by Anonymous Coward · · Score: 0

    *sigh*

  67. Proof, Then by virg_mattes · · Score: 4, Interesting

    > You'll have to come up with better than a little heat from the
    > marketing guys to prove there was coercion involved. Citing a
    > single instance where Microsoft followed through on their threats would
    > be a help. However, nobody presents evidence of a follow-through.
    > So you're all blowing hot air.


    Never say all. How about DR-DOS? Here's a link where the settlement is mentioned, and I leave it to you to dig into the details of the case if you dare. In several instances (two in Europe and one in the U.S.) Microsoft stated in contracts that the companies in question were not allowed to sell a computer without paying them for a license for MS-DOS, even if they didn't actually install MS-DOS. When the company in the U.S. complained, they were told that if they sold a computer without paying the royalty, they'd lose the right to sell MS-DOS at all. This made computers with DR-DOS more expensive than computers with MS-DOS only, and since these companies couldn't afford not to sell MS-DOS, they had to knuckle under. This pressure came in the form of legal documents from Microsoft's attorneys, not "a little heat from the marketing guys" as you put it. This is one of the parts of the case that has Microsoft in such hot water in Europe.

    On a more personal note, I recently got a PC from Dell. It came with Windows Millenium preinstalled, and I could not buy a PC without some Microsoft OS installed. I decided that I didn't really want it, so when I got the computer I clicked "I Do Not Agree" to the EULA. It told me to contact my PC vendor for refund information. I called Dell, and they said they wouldn't refund my money, and that I'd have to contact Microsoft if I wanted my refund. I contacted Microsoft and they told me they wouldn't refund my money either. I reminded them that Dell said they'd pay me back, and they said, "take it up with Dell." I called Dell back and they said they can't give me a refund because they can't get the money back from Microsoft.

    Now would you like to tell me about hot air? Or perhaps you'd like to refute my points? Or maybe you'll give me back the money that Microsoft won't for a product I don't want and didn't have a choice about buying? Especially since they lied in their license about being willing to refund it if I didn't agree to their ridiculous EULA?

    Didn't think so.

    Virg

    1. Re:Proof, Then by Kwil · · Score: 2, Informative

      I'm not a lawyer of course, but I think you should consider filing a suit in small claims court. A refund has been promised and is not being given. That's a breach of the terms of sale, is it not? You should probably name both Dell and Microsoft as the defendants.

      If you use small claims, you can do the work yourself, saving yourself lawyer's fees while for Dell/Microsoft, it will literally cost them more than the amount of refund you deserve just to have their lawyers look at the paperwork. To be honest, I think that the responsibility for the refund does actually fall on Dell, and if they can't get their money back from Microsoft, that their own tough luck.

      Heh.. tell them to file small claims court suits as well. :-)

      --

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

    2. Re:Proof, Then by Anonymous Coward · · Score: 0

      On a more personal note, I recently got a PC from Dell. It came with Windows Millenium preinstalled, and I could not buy a PC without some Microsoft OS installed.

      Hey dick, nobody forced you to buy a Dell. I'll show you many, many computer vendors who don't care if you get *any* OS.

    3. Re:Proof, Then by limejuice · · Score: 1
      Or maybe you'll give me back the money that Microsoft won't for a product I don't want and didn't have a choice about buying?

      You didn't have a choice? Bovine excrement. I suppose you've never heard of Penguin Computing? Or the numerous other computer vendors who sell machines pre-installed with Linux, FreeBSD, or even *nothing* if you so choose? Quit whining, fanboy.

      --
      Daniel J. Kelly
    4. Re:Proof, Then by belove · · Score: 1

      I feel for you, Virg. The very same thing happened to me with my Dell Inspiron 3000. I bought it weeks before Windows 98 came out so I ended up getting Windows 95 with the tied in version of IE that's been getting so much attention in this case. Back when I bought this machine there really wasn't much option unless I were to buy a Powerbook. Since I wanted to run BeOS a Powerbook was out of the question.

      Man, it's going to hurt if M$ gets off as easily as the current settlement. IMHO Microsoft is a terror to the free market. We the people have to power to show them what true freedom is when we decide that we've had enough of their crap. Now is the time to make sure you let the court know how you've been stepped on by Microsoft and their "innovation."

  68. Missed One by virg_mattes · · Score: 2

    I won't even begin to wonder why you think Apple hasn't tried to compete with Microsoft, or hasn't poured a lot into marketing, but I don't even need that one. Here's mine:

    Digital Research - Published DR-DOS, which was a direct (and fairly successful) competitor for MS-DOS. They were driven out of the market when Microsoft went to computer OEMs and said, "if you offer DR-DOS on any machine you sell, we'll refuse to sell you licenses for MS-DOS." Because OEMs were selling about 40 percent DR-DOS and 60 percent MS-DOS, many of them could not afford to drop support for MS-DOS, so they dropped support for DR-DOS. In addition, when Windows 3.0 came out, during the installation it would check for DR-DOS on the machine, and if it was found, would throw three screenfuls of warnings about possible malfunctions (not a single one of which could they prove when Caldera, who now owns DR-DOS, sucessfully sued them). Many users were scared off by these warnings, and DR-DOS died out.

    Maybe you have a different definition of "compete", but this seems to have involved a company (Digital Research) putting "some" money on the line, and getting spanked because Microsoft bullied OEMs.

    But hey, thanks for playing...

    Virg

    1. Re:Missed One by ClosedSource · · Score: 1

      "I won't even begin to wonder why you think Apple hasn't tried to compete with Microsoft, or hasn't poured a lot into marketing"

      You didn't read my post. I said a PC-based OS. Apple is not directly competing with Windows because to use their OS, PC owners would have to change platforms.

      "Digital Research - Published DR-DOS, which was a direct (and fairly successful) competitor for MS-DOS"

      DR-DOS had some good features but it was more of a DOS clone than an independent OS. In any case, I don't think DR's experience 15 years ago is sufficient excuse for all the other competitors today. Of course, if they want to complain to the government that MS doesn't let them compete with DOS 4.0, I have no problem with that.

    2. Re:Missed One by Anonymous Coward · · Score: 0

      Maybe when you tell the DR-DOS story, you should mention the part about Caldera successfully setting with Microsoft for (reportedly) 100s of millions of dollars.

  69. Hey, moron!! by Anonymous Coward · · Score: 0

    The Senate hearings are nothing but an opportunity for polititians to engage in mindless grandstanding. These hearings have no real affect on anything. What, did you fall asleep during civics class?

  70. Open Format by baboon · · Score: 1

    Who needs reactive legal action when more constructive tactics could work. Here's my suggestion:

    US gov't says "here's the format and we will only use word processors that can conform". MS, Corel, Sun, etc. update to read and write that format (in addition to their own). How could they not? The gov't has the mass to force a change like that and a lot of the people could get along with a feature set not much greater than html (not that it has to be quite that limited).

    Of course, it would be nice to mostly reuse an existing cleartext format, perhaps something like XML that looks something like Word Perfect's "reveal codes".

    Ahhh. Reveal codes. Those were the days.

  71. Commercial apps are not viable on Linux by Anonymous Coward · · Score: 0

    A split-off MS Apps corporation would have no incentive to make Office for Linux simply because you Linux people don't believe in paying for software. Why would such a corporation spend millions of dollars to port something to a platform whose community would not only not buy the product, but would gladly post it on the web for all to pirate?? It would be much more profitable for the MS Apps corp to simply keep making Office for Windows and Mac, which are platforms that are viable for commercial apps.
    Next time, think before you post.

    1. Re:Commercial apps are not viable on Linux by anxious · · Score: 1

      I disagree.

      Granted, not many of the current /. readers would buy office. But there is comercial software available for linux. It doesn't get posted for pirating any more than other commercial software does. Loki sells games, Oracle sells databases. Applix sells their own office suite.

      So linux is a viable platform to sell software on. It's just that MS doesn't want to help linux out any. But if they are split, they may very well port office or parts of it to linux.

    2. Re:Commercial apps are not viable on Linux by Anonymous Coward · · Score: 0

      If WordPerfect couldn't sell Office Suites to the Linux market, Micrsoft wouldn't be able to either.

      Despite your wonderful evidence of a bankrupt company, a server software company, and somebody this /. reader's never heard of, Linux is not a viable desktop software market.

  72. SBC, Nokia to Testify in Microsoft Antitrust Case by StenD · · Score: 2

    This Reuters story on Yahoo! could cast an interesting light on the case, as these are companies who are not (currently) directly competing with Microsoft.

  73. It is clear that using MS products works for you by Anonymous Coward · · Score: 0

    You admit to using MS products more than your beloved linux, so what's the problem?
    This is why MS is successful, because they cater to the needs of the users. OSS sofware only caters to the desires of the programers themselves (except for the programers' desire to get paid for their efforts).

  74. Only one appointee for anti-trust by ocie · · Score: 1

    Finally, Microsoft has named two people to help it comply with the proposed settlement.

    If you read more carefully:

    Guyton will be responsible for making sure Microsoft employees don't run afoul of employment and anti-discrimination statutes or violate laws governing civil rights, competition, foreign trade or privacy, among others.

    Probaby a very important thing for a company of this size to do, but this doesn't really sound like it is related to the anti-trust panel.

    --
    JET Program: see Japan, meet intere
  75. Just another example of immaturity of slashdot by Anonymous Coward · · Score: 0

    This shows why slashdot has no credibility with any stories that it posts regarding MS. Why is it that only news icon that contains editorial comment is the MS icon?? How can a reader put any credence into any MS story posted on this site?

  76. A bit off-topic; We must educate... by Otto-matic · · Score: 1

    It's refreshing to me to see how many Slashdotters are passionate about the punishment of Microsoft for its abusive practices and the advocation of alternative operating systems on the desktop. What's disturbing, however, is how commonly the same dissenters believe that Slashdot, itself, is a particularly effective forum for argument and proposition!

    One of the primary reasons for Microsoft's dominance of the public mindshare (as cited innumerably in various forums) is the lack of education of the average home and office user of viable alternatives. We rant and rave that "Joe Sixpack can't distinguish his OS from his computer!" or "Jane Doe doesn't care about which OS she's using, as long as she gets a fast computer that runs MSOffice!"

    What I am not hearing is solutions to this problem! Talking to congress-folk and attorneys-general about the state of the marketplace as a result of Microsoft's continued and largely unpunished dominance will not get us very far if the people in positions of power remain uneducated about alternatives as well! We have to make strong efforts to educate everyone! Especially our average neighbor, who equates "Microsoft" and "Windows" to "computers" and "internet."

    I have advocated a strong grassroots education effort on Slashdot before, and I feel it needs repeating. We (programmers, power-users, tech-geeks, computer aficianados, what-have-you) must begin to speak to our communities and politicians about what alternatives are available.

    *The most successful social revolutions started and ended with the average citizen!*

    And it's not that difficult. Talk to your local library, civic center or school to organize a class. Title it "Introduction to Alternative Operating Systems for Your Home or Office" or something similarly non-intimidating to "Joe Sixpack". Have a simple conversation with your school district's super-indendent. Write editorials for your local newspaper. And simplest of all, just talk to people! Start a non-competitive, purely educational conversation about what computer they COULD have purchased, and WHY. Always, always, always be armed with answers to "WHY?"

    The passion is here. The resolve is lacking. I think we all are a bit concerned about what will happen to OUR luxury of choice when Microsoft wrests supreme dominance over multiple markets. What will we do to stop it?

    Sometimes the most powerful voices are not the loudest, but the ones that carry.

    Otto

  77. Understanding the Argument by virg_mattes · · Score: 2

    Well, in answer to your comment, your logic pans out to "why are you so mad at Microsoft for doing something that companies X, Y and Z would do if given the chance?" I'm mad because:

    1.) Those other companies may wish to do these things, but they haven't actually been convicted of breaking the law yet.
    2.) Arguing that others would break the law if they could is not an excuse for breaking the law.
    3.) They broke the law.

    That's a pretty simple explanation. When any of the others break the law, I'll start hue-ing and crying about them.

    Virg

  78. Damn, the ignorance on slashdot amazes me by Anonymous Coward · · Score: 0

    Dimitri commited a *criminal* act, therefore Dimitri commited a *crime*, therefore Dimitri is a *criminal*. QED.

    On the other hand, MS was found to have violated Anti-trust law. Anti-trust is *civil* law, not *criminal* law, therefore Anti-trust lawsuits are *civil* suites, not *criminal* ones, therefore violation of Anti-trust law is not a *crime*, and the violators are not *criminals*. Therefore MS is not a *criminal* organization. QED.

    Yes, violation of Anti-trust law is illegal, but not a *crime*. Similar to speeding. Speeding is a violation of traffic law, and is therefore illegal, but it is not a crime, ans speeders are not criminals (however, failure to pay a speeding ticket *is* a crime).

    1. Re:Damn, the ignorance on slashdot amazes me by Anonymous Coward · · Score: 0

      What "*criminal* act" are you suggesting Dimitri committed? As far as I know what *his employer* did was legal in the country in which they did it.

    2. Re:Damn, the ignorance on slashdot amazes me by Anonymous Coward · · Score: 0

      The original poster (RNG) says that Dimitri did something that got him "thrown into jail", so I assume some criminal act was involved.

  79. Re:It is clear that using MS products works for yo by The+Kenneth · · Score: 0

    You admit to using MS products more than your beloved linux, so what's the problem?
    the problem is like when ms pulls stunts like it did with zone. Noone i know in the zone likes it but we will accept it for lack of a (serious) alternative, lazyness and that all we know is sone, so everyone is there. thats why.
    and please dont say my beloved ms products again. I just ate.

  80. Sad but true by Nuteater · · Score: 1

    The romantics say that justice is blind, but nowadays the fair lady has removed her blindfold and has proven to have a very keen eye on business.

    They also say that crime doesn't pay. I think recent events have shown that crime does pay, big bux. But the most unfortunate truth is that usually justice does not.

    This whole Antitrust-wrestle has been an excellent, but not the only, proof of today's justice-system getting more and more commercial. Microsoft's tactics are simply unbeatable: Keep the law-process running until either they run tired of it or they run out of money, and in case of the latter, buy them out. Can the DOJ be bought? At least Microsoft seems to rely on that.

    Need we say more? The feds chasing kids with not-so-moral CD-R collections when there are real criminals out there...Unfortunately FBI too has an economy to run, and the record industry has a lot more money saved for a rainy day than the average victim.

    Money can't buy love? Well, then that's about the only thing it cannot, since with money you can buy justice, freedom, truth... you name it.

    // Ego sum Nucivorax, me clamare audi.

  81. Changes have to be allowed but controlled by YourGarbageMan · · Score: 1

    Changes and evolution of the format would be necessary. Each iteration of the format should be locked down and disclosed ahead of time to 3rd party developers. "Ahead of time" meaning well before MS releases the matching iteration of Word or whatever. This gives 3rd party developers the chance to compete head to head instead of playing catch up through reverse engineering.

  82. Let's see now... by Codifex+Maximus · · Score: 2

    * Microsoft's punishment devolves to giving away software that costs them little or nothing to produce... and is likely to build it's market share (not to mention killing any recourse the complaintants may have coming to them.)

    * Microsoft essentially gets to pick the people who watchdog them. -- Ain't this a crock of...

    * A public forum gathering information about and likely to have a strongly worded and televised position on the antitrust decision - has been effectively shutdown because one senator wanted to be somewhere else at the time?!

    Jeezus Kkkkrist! What the heck is going on!? I'll tell you what *I* think... we're getting screwed royally!

    Reminds me of the political cartoons I saw while studying U.S. History. The big trusts having powerful connections in government... closing out the voice of the people. I believe the solution was the Sherman Antitrust Act.

    --
    Codifex Maximus ~ In search of... a shorter sig.
  83. DOJ ? by Taco+Cowboy · · Score: 1



    Please tell me where's the "justice" on that "DOJ".

    If there is any "justice" at all, then M$ shouldn't get away with such lousy excuse of a "settlement".

    But ahhhh.... money talks.

    Am I the only cynic around ?!?

    --
    Muchas Gracias, Señor Edward Snowden !
  84. Ya gotta know any settlement MS calls "Fair" ... by Kaiwen · · Score: 1
    ... ain't.

  85. Actually... by virg_mattes · · Score: 2

    ...I didn't have a choice, through the very favorable circumstance that someone bought the machine for me as a gift. You could say that I therefore shouldn't be looking a gift horse in the mouth, but the point is not that I could have bought a machine elsewhere, but that I shouldn't have to buy from someone else because they won't keep their word. They flat-out lied to me, and that's why I presented the scenario.

    Virg

  86. Missed Two by virg_mattes · · Score: 2

    > You didn't read my post. I said a PC-based OS.

    I did read your post. "PC-based" means "runs on PCs" so I didn't naturally compare that to "runs on Intel architecture" like you did. To defend my point, Windows NT can install on PowerPC systems, so even they don't directly agree with your assumption. And, considering how often people and companies buy new hardware, it's not nearly as likely today as ten years ago to be a problem to buy a different hardware platform. Like I said, you could buy PowerPCs (or Alphas) and not have to leave Microsoft if you wanted.

    > In any case, I don't think DR's experience 15 years ago is
    > sufficient excuse for all the other competitors today.


    This belief would be funny if it wasn't so sad. "DR's experience fifteen years ago" happened about ten years ago, and it led directly to the dominance of Windows (and thus Windows 95 and so on) since then. To cite another example of abuse of monopoly power that closed up a market, let's look at the railroad industry. When railroads were first beginning to appear in the U.S., there were literally hundreds of them all over the country. Soon, large rail companies discovered that they could use their size to push out competitors. Their tactics included:

    1.) Drive out with prices: the large rail company would set up operations in the area of an established railroad, and begin moving goods for virtually no cost. The large rail company would subsidize this startup so it could run at a huge loss, and the established rail company would have to eat huge losses just to compete. Most of them could not, and when they went out of business, the large rail company would then jack prices up to whatever they wanted. Any time a competitor would appear, they'd drop prices until that competitor was gone.

    2.) Large rail companies would engage in "Grange busting" by refusing to ship the goods of farmers who unionized for better pricing. They'd do the same for any company that tried to organize their industry to get better bargaining power. In some cases, specific companies were targetted for elimination (and were mostly driven out of business). This also extended to the practice of refusing to ship any goods for a company unless they used said large rail company for all shipping, so most manufacturers couldn't risk shipping by anyone else, even in part.

    Now, if drawing the parallels between example 1 and what happened to Netscape and example 2 and what happened to the OEMs selling DR-DOS, (and by extension, Digital Research) is difficult, you're not paying attention. The moral of the story is that these hundreds of competitive rail companies were reduced by these practices to four (who didn't directly compete because they agreed not to encroach on each other's territory) and entry into the market was made prohibitive because the established giants were too big to fight after they'd chased away everyone else. This is what happened with Microsoft, and this is why there are so many companies taking issue today. They're not decrying MS creating a monopoly a decade ago, they're decrying that MS is using that market stronghold to prevent competition today.

    Virg

    1. Re:Missed Two by ClosedSource · · Score: 1

      "I did read your post. "PC-based" means "runs on PCs" so I didn't naturally compare that to "runs on Intel architecture" like you did."

      Well, over 99% of Windows installations run on Intel. Still, there's enough ambiguity in the term that I withdraw my claim that you weren't paying attention.

      "DR's experience fifteen years ago" happened about ten years ago, and it led directly to the dominance of Windows (and thus Windows 95 and so on) since then"

      Well I'm not going to quible over the exact number of years, but I notice that you haven't given a specific year either so perhaps you're not so sure. Even if you're correct and it was only a decade ago, it's still ancient history in this industry.

      Your conclusion that Windows is dominant because MS derailed DR-DOS seems to me a big leap. Was Digital Research working on a GUI-based OS of their own that could compete directly with Windows? If so, why would they care so much about Windows being compatible with DR-DOS?

  87. Why so bitter? by Anonymous Coward · · Score: 0

    Should I compare you to a lemon?

  88. More Points by virg_mattes · · Score: 2

    > Well I'm not going to quible over the exact number of years,
    > but I notice that you haven't given a specific year either so
    > perhaps you're not so sure.


    The lawsuit was filed in 1996, and encompassed activities during the 1991-1994 time frame. The reason for the delay was that Novell executives (Novell bought out DR) were loathe to try to take on Microsoft in 1994 because they were afraid the fight would bankrupt the company. Ray Noorda (the CEO of Novell) retired from Novell, created his own company (Caldera), bought the rights to DR-DOS, and immediately filed suit. You can claim that 1996 was also ancient history in this industry, but since the antitrust suit began in 1997 and is still being resolved today, that would be a big stretch.

    > Your conclusion that Windows is dominant because MS derailed
    > DR-DOS seems to me a big leap.


    Split it into to logical steps. MS-DOS gained hugely in installed base when DR-DOS was driven from the marketplace. By the time Windows 95 came around, there was effectively no other OS to choose, and Microsoft helped that along by stopping OEMs from selling Windows 3.1 on new machines after Win95 came out. It's not very realistic to assume that if DR was still in the market, that they would not have developed an integrated GUI in the four years between Microsoft's torpedoing them and the advent of Windows 95. Peter Norton's Windows bolt-on (called Norton Desktop for Windows) was doing quite well, in fact, but he (and then Symantec) couldn't get clearance from the VCs and board of directors, respectively, to make it a stand-alone GUI product because nobody thought that it would stand a chance against Microsoft, seeing what they did to DR. That is to me a pretty good indicator that their market share coupled with their monopoly abuse (keep in mind that Microsoft paid up on the case involving DR-DOS so I can say they did abuse their position) doomed other GUI products before they ever got out in the field.

    Virg

  89. Hey, how about this???? by RexDevious · · Score: 1

    Hey, how about this????
    You know how M$ is doing the ol' "If you're not in compliance with your licenses - the SPA will fine you 245,000" scam? I know a lot of small and medium sized companies are paniking and actually buying those licenses soon. Why doesn't Caldera or Red Head run a promotion like this: If you believe your not in complience, and would have to spend over X amount of money per employee to get in complience - we'll come in a convert your whole company to free software for 1/2 the price! Take a big ass company like Chase - these guys have like 15,000 seats in one NY office alone. That's A LOT of money for Windows and Linux. If for half the price - and the peace of mind that they don't have to worry about an SPA raid - surely Red Hat could come up with a nice LAN install, hire some C++ guys to convert their crusty old proprietary apps, and give their IT staff a few weeks of training. And then, when they've pulled it off - Red Hat would be the first place they'd go to learn about what new goodies the Linux community had to offer (including even proprietary apps if that's what it took), ad-hoc training and support, new IT initiatives. And even if they didn't - the initial project alone would surely be profitable.

    Do all the Linux companies even *offer* to send in a sales rep to determine how feasible it would be for them to convert a company to free software? I mean, hey - you send one little geek over there to see what software their using, describe what Linux equivelents there are (or how some good C++ programmers could convert and update their old apps), and point out how much money they'd save, year after year and year (not just on licenses - but in terms of NOT getting attacked by all those MS viruses). And if they groove to it - charge a few though for a more formal business analysis.

    Is this being done? Or is it something that's been overlooked? Or is doing a Windows-to-Linux conversion such as herculean task that it's not a realistic option to pitch yet to anyone who isn't that stoked about having a mixed enviorment?