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Microsoft Settlement For Private Suits Rejected

Lumpish Scholar writes: "Reuters story here. The judge "could not endorse the settlement ... Microsoft will have to start from scratch in negotiating a new settlement or fight the scores of suits in court."" Reuters also has an article from yesterday that looks at the positions of the various parties prior to this news. You will recall that Microsoft was proposing to settle the civil suits brought against it by donating free Microsoft software and old computers to schools. And do remember - because this always seems to confuse people - that the case brought by the Department of Justice and state governments is distinct from these suits filed by individuals.

142 of 382 comments (clear)

  1. Just what they want.... by Strudleman · · Score: 4, Informative

    To tie this up in the courts for years. Or atleast long enough to push out a few more OS versions....

    --
    Do it doug.
    1. Re:Just what they want.... by Fly · · Score: 4, Insightful

      Delay is better than letting Microsoft make their strategic investment, er, I mean penalty of installing their software a many new machines, likely displacing a lot of their competitors installations. The poor school districts could likely still have lots of old Macs in use.

      --
      end of line
    2. Re:Just what they want.... by dozing · · Score: 2, Insightful

      Or to keep it going until everyone is tired of it and someone finally gives in and lets Microsoft have whatever they want. Personally, I'm getting tired of it and I'm not even an involved party (other than owning a copy of windows that came with my computer.)

      --
      Dozings.com -- Its kinda funny... If you're as crazy as me.
    3. Re:Just what they want.... by CynicTheHedgehog · · Score: 2

      Bitch bitch bitch.

      Phillips announces that they won't license copy-protected CDs and it's a marketing ploy. Microsoft's ridiculous settlement offer is rejected and it's a legal strategy. Now granted, corporations are out to make money, but is there really cause to be this cynical?

      You can't please everyone all of the time, but all I see here is an inability for anyone to please anyone any of the time. It's discouraging for me to see...imagine how these corporations will react.

    4. Re:Just what they want.... by Lacutis · · Score: 4, Informative

      You mean you own a "license to operate windows" on your computer.

    5. Re:Just what they want.... by Fly · · Score: 3, Informative

      Fifteen years ago, any school that wanted to buy new computers would think only of buying Apple products. This means that many schools bought a lot of Macintosh classics and other Macintosh computers versus PCs. Assuming that they are poor, they probably haven't upgraded their machines recently, and only in the last ten to fifteen years have schools shifted away from Macintoshes. My wife has seven computers in her classroom. There are four old machines and three new machines. The old machines run MacOS. The new machines run Windows. Microsoft would like to accelerate the shift to Windows by giving new PCs with Windows to these schools that have old (i.e. Apple) computers.

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      end of line
    6. Re:Just what they want.... by volsung · · Score: 3, Insightful
      No, what you are observing is the Pessimist Law of Communication: People are more likely to complain than to praise.

      This is especially true on online forums. For any given story, it will seem like most people are complaining. In reality you are just seeing the subset of the Slashdot readership which dislikes the person/act/item being discussed. This subset shifts from story to story, but you can bet that no matter what the story is, you can find some group of readers who are angry. These are the readers most likely to post.

      I just remind myself periodically that Slashdot is not a homogeneous community and therefore has no commonly held opinions.

    7. Re:Just what they want.... by nomadic · · Score: 2

      From my admittedly limited experience very few schools bought Macs back then; Apple IIs were a lot more common. Man, that brings back memories...anyone else play a lot of Voyage of the Mimi in elementary school on the Apple IIe?

    8. Re:Just what they want.... by fgodfrey · · Score: 2

      Schools pay somewhere between a little and a lot less than list price for Macs. Apple has always been good about educational discounts on their products. I have gotten a number of them that way going all the way back to my Apple IIc+.

      --
      Go Badgers! -- #include "std/disclaimer.h"
  2. One for the good guys ;) by Dave21212 · · Score: 4, Interesting

    I have friends that know Judge Motz here in Baltimore. He was described to me as a person with "A strong sense of fairness" and a good judge. I had a feeling he would reject that BS settlement ! woohoo !

    --
    "Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech."--Benjamin Franklin
    1. Re:One for the good guys ;) by zoombat · · Score: 2

      Seems Judge Motz isn't the only judge coming down on Microsoft lately. Recently Judge Colleen Kollar-Kotelly decided that the start of the case would not be delayed beyond its March date. (It's getting retried because Judge Jackson's ruling got thrown out and he was removed from the case and MS got a new trial.) It sounds like she was fair too; but sure as heck didn't help MS out any.

    2. Re:One for the good guys ;) by Darth · · Score: 3, Informative

      (It's getting retried because Judge Jackson's ruling got thrown out and he was removed from the case and MS got a new trial.)


      no, no, no.

      It is not getting retried. The judgement that Microsoft is a monopoly and abused it's position was upheld. The remedies were thrown out and the remedy phase of the trial is being redone.


      Microsoft did not get a new trial. They're guilty. It's all about the punishment now.

      --
      Darth --
      Nil Mortifi, Sine Lucre
  3. Good! by SirSlud · · Score: 2, Insightful

    Gooooood!

    My faith-o-meter in this planet just rose a little. That would have busticated me had MS been able to lock in the next generation of kids with their products as a 'punishment'.

    --
    "Old man yells at systemd"
  4. w00t! by xonker · · Score: 4, Insightful

    This is awesome... the deal that was reached was so totally beneficial to Microsoft it would have made more sense if Microsoft had been suing the schools and the judgement was inflicted on them!

    A flat-out $1 billion cash sum should do it.

    1. Re:w00t! by ByTor-2112 · · Score: 2

      I think not. Microsoft makes a billion in cash every month. Plus they would probably figure out some way to take a big tax credit and it would end up costing them ZIP. The fine should be in proportion to the revenue they gouged from the consumers for all those years. Somewhere in the neighborhood of $30 billion.

    2. Re:w00t! by Spoing · · Score: 2
      A flat-out $1 billion cash sum should do it.

      That's, what, 3 weeks of profit to sustain a monopoly? Yipee. I wonder if MS will go for it? :/

      Having said that, it does look like there's zero chance of anything that is actually punitive, so $1B might have be it -- cash or otherwise. No behavior changes. No future restrictions with teeth. How disturbing.

      (If someone has facts on hand, I'd like to know the #days/hours out of a year it takes MS to get that $1B. I do know that ~3 weeks is close ... a billion here, a billion there, of course.)

      --
      A firewall can not protect you from yourself. Turn off what you do not need. Do not use the firewall to do your work.
  5. Re:I do believe... by Karma+Sink · · Score: 2, Interesting

    There really isn't anything to say to this, though, other than "Thank God". This was the most ridiculous idea that I've ever seen in the courts, and I almost thought the system was going to allow this mockery through.

    If it had been allowed, how much damage do you think would have been done to Apple? Apple bases a signifigant portion of their business in Education... Would Microsoft have been able to break Apple's tenuous hold on the market?

    --

    When encryption is outlawed, ?o'AZ-,++o+i++##4AoA+-/-C++bI+/.+~
  6. I was hoping by Y+B+MCSE · · Score: 3, Funny


    That the settlement and the Red Hat Modification (ie MS buys the computers and RH donates the free software) would be accepted ;-)

    1. Re:I was hoping by ThatTallGuy · · Score: 2, Insightful

      Not enough. Consider: MS has 35+ billion-with-a-B dollars just in the bank, not counting personal funds of the richest man in the world and several of his executives, not counting long-term assets. Even one billion dollars -- big as it is to you and me (or at least me) -- is barely enough to get their attention. IMNSHO, the only way to stop their tactics for good is to divest the OS from the rest of the application world -- split the company, publicize the source, whatever it takes. The OS is where the power lies; remove the power.

    2. Re:I was hoping by opkool · · Score: 3, Insightful

      Good point.

      Now, what about the $1 Billion penalty that some EU -leaked document proposed as a way to finish Microsoft trial in Europe?

      I know that $35 Billion is a lot, but 41 Billion is still a lot... and will claim for the attention from some judge that pretended not to enfuriate a big corporation while we are at war... or so I understand form the ... hilarious? sad? incredible? decision to do nothing to Microsoft after being found guilty.

      I mean, if I gt a ticket I must pay a fine. Why not Microsoft?

      Sincerely puzzled,
      O.

    3. Re:I was hoping by RazzleFrog · · Score: 2, Interesting

      Interesting. According to their last 10Q (that's an SEC filing that is made every quarter) Microsoft has $3.1B in Cash. Microsoft has a suprisingly small amount of long term assets (just a few $billion). Most of their money is tied up in investments. All of this is available through Edgar Online but that requires a registration (may even cost money - I seem to still have an account from my prior job).

      As for Bill Gates, it really doesn't matter. As much as you may hate him I don't see the courts "piercing the corporate veil" to get to him.

      By the way, I am not disputing your point in anyway but just clarifying your made up numbers.

    4. Re:I was hoping by ThatTallGuy · · Score: 2, Informative

      See Microsoft's Annual Report direct from their site. I quote: Cash and short-term investments: 31,600 (millions) including a charge-off of 3.92 billion for "impairments of certain investments." Total: 35.5 billion bucks. As of June 30, 2001 (i.e. almost a year ago.) And last I heard, they were not losing any money.

    5. Re:I was hoping by RazzleFrog · · Score: 2, Insightful

      Short term investments is not cash in the bank. If it was, it would be included in cash and equivalents. There are two separate lines for a reason. Just because something is a short term investment it doesn't mean they can turn it into cash overnight or even within several months. Anything less than a year is short term.

    6. Re:I was hoping by sh00z · · Score: 2, Interesting

      I haven't read the report myself, but one analyst on "The Street" TV show was dumping on them for the fact that something like 16% of their income is from investments, not product sales. His thinking was that this "spare money" should be given as shareholder dividends (of which there have been none in a long time).

    7. Re:I was hoping by RazzleFrog · · Score: 2, Interesting

      How recently was that? Looking at their 3rd Quarter 10Q they had a $1B Investment loss in the third quarter. Analysts always like to bitch and moan about dividends but if Microsoft were to cash out on a lot of their investments you would likely see a snowball effect throughout the market.

      That is one of the points I wanted to add to my other posts about Short Term investments and cash. You all want to see Microsoft pay $30B in penalties but you do realize that the effect on the market would be devastating. This is not just about Microsoft, that $30B in investments is in a lot of companies. While a lot of you kids out there might nor care, some of us have already seen enough of our 401(k) float away.

    8. Re:I was hoping by ThatTallGuy · · Score: 2, Interesting

      Who said anything about 30B in penalties? I said divest the OS. So you with your 401K suddenly have stock in two companies instead of one, just as with AT&T. I don't think anybody who held AT&T stock on the day of the split (and held it since) is complaining.

      The snowball effect you are worried about is because one company has too much economic power as well as OS power. Gee... OS monopoly... enough finances to tip world markets... richest guy in the world... anybody seeing a pattern here?

      Maybe "cash" was too specific a term. But "short term assets" is not a second line in the summary... it's a resource they can call upon on short notice. I call that "close enough."

    9. Re:I was hoping by killmenow · · Score: 2, Informative

      shareholder dividends (of which there have been none in a long time).
      Of course not. Haven't you heard?
    10. Re:I was hoping by RazzleFrog · · Score: 2, Interesting

      Several points. I realize that you didn't say penalties. That was more of a "for everybody" sentiment. As for stock, my 401(k) does not contain stock, it contains funds. Microsoft splitting would probably create two stocks that have a combined value lower than the original. And there are lots of people with worthless Lucent stock who are complaining.

      Don't even get me started on the AT&T breakup. How phone service now sucks. How we had to deal with slamming and constant telemarkers. how our phone bills are not much lower, they are just spread out over more bills.

      And if you read my posts in another group, Microsoft hardly has too much economic power. They are 79 in the country and 201 in the world in revenue. If any of those companies, or any person, divested that much money it would destroy the economy.

    11. Re:I was hoping by RazzleFrog · · Score: 2, Interesting

      Of course, their short-term investments are classified for sale. If they were not they would be devalued to cost (or nothing). You obviously aren't an accountant. I on the other hand am. Just because something is available for sale, doesn't mean that it can be sold.

      Figure it this way - Case settled, Microsoft has to pay $20B. Stock market crashes and that $30B in short term investments is worthless wheras the $3.1B in cash is still good. This is why there is a distinction on the balance sheet with between Cash and Cash Equivalents and Short Term Investments.

      A Cash equivalent by the way is more along what you are thinking is a short term investment. It is anything that can be immediately turned into a specific amount of cash.

    12. Re:I was hoping by Mojo+Geek · · Score: 2, Insightful

      You are talking about the anti-trust suit which is a different matter. The topic here is the class action suit which is somewhat related in that once M$ was found guilty then the class action was a slam dunk and was only a matter of damages.

      But then we are talking damages here, and only damages to the aggrieved. That is no doubt one reason the judge threw out the settlement, it provided not once cent for the victims.

      What we are talking about here is not punishing M$ for being a monopoly, that is a separate case. This is about reconstituting those harmed for what M$ has done to them.

      Punitive damages may apply. But don't lose site of the origins and objectives of the case. It is not the Justice Dept. Antitrust case, although they are linked by the guilty verdict of .....

      .... that malicious verrmin in Redmond.....

      ....sorry.... lost myself for a minute.

  7. Lawyers are the true victors by Anonymous Coward · · Score: 2, Redundant

    The lawyers are the true victors. Corporate attorneys and trial lawyers alike; they will have to be doing stuff all over (and get paid again).

    1. Re:Lawyers are the true victors by Grishnakh · · Score: 3, Interesting

      I wouldn't mind lawyers getting paid by the boatload for all this stuff, as long as Microsoft is the only one that has to foot the bill. MS should also pay hefty court fees for wasting so much of the court's time.

    2. Re:Lawyers are the true victors by jamesmartinluther · · Score: 2, Insightful

      I don't know what the big problem with lawyers is and why everyone thinks that they are the "true victors" in legal battles.

      How much would you pay for someone to slurp up thousands of pages of legal procedures, associate your offensive and defensive tactics with the appropriate laws and precedents from a gigantic pool of possibilities, and then, on the fly, respond to the same from two other sides of the courtroom (the opposing legal team and the Judge).

      What could be a more damaging task for the human brain (besides perl programming)?

      I am not an attorney. I don't ever want to be an attorney. I'll stick with the perl programming for now.

    3. Re:Lawyers are the true victors by Grishnakh · · Score: 2

      Last time I checked, Microsoft DID lose the case! They were convicted by Judge Jackson of violations of the Sherman act. They're just battling over the penalty now, and wasting the court's time with things like this idiotic proposal to give away their software to schools. If a convicted pedophile wasted a court's time trying to make his penalty be working in an elementary school, he should also have extra penalties added for contempt of court.

  8. Big win for Red Hat! by Glock27 · · Score: 3, Informative
    "Red Hat has offered its own Linux operating system to be used in the schools instead of Windows. ``We do not think that the remedy should be a mechanism by which Microsoft can further extend its monopoly,'' said Matthew Szulik, CEO of Red Hat, in a statement."

    :-)

    This is a quote from this Yahoo article.

    I'm really happy to see that the judge didn't cave in!

    299,792,458 m/s...not just a good idea, its the law!

    --
    Galileo: "The Earth revolves around the Sun!"
    Score: -1 100% Flamebait
  9. Glad to see this by Syre · · Score: 5, Insightful

    Apple and others had objected on the grounds that by letting Microsoft give software and cheap hardware to schools, they were actually not out much money (since they just have to replicate their own software) and were reaping giant marketing benefits by pushing out Apple or other vendors.

    It's at least a small victory.

    1. Re:Glad to see this by SecurityGuy · · Score: 2

      My thought exactly. Anyone have a reference for just how much money the settlement would have really cost M$? As in the cost of printing a box, burning a CD, not the retail, education, OEM, or any other for-sale price on the software.

    2. Re:Glad to see this by Linux_ho · · Score: 2

      Who ever said they were going to give the schools boxes, or even manuals for that matter? I never saw any of the details, but I bet MS could have gotten away with just CDs in envelopes. They'd probably make an "educational" distribution with all the software on one or two CDs and just send those CDs out with the hardware.

      --
      include $sig;
      1;
    3. Re:Glad to see this by ImaLamer · · Score: 2

      (since they just have to replicate their own software)

      Yeah, something tells me that they would show up with one CD and install software on all the machines.

      One nice thing, if this went through, is that we may actually have another piece of evidence that they are either a monopoly or trying to be one.

    4. Re:Glad to see this by Paul+Komarek · · Score: 2

      What makes you think they'd install the software? I suspect they'd mail the CD and never be heard from again. ;-)

      -Paul Komarek

  10. here's hoping... by caduguid · · Score: 3, Interesting

    that Judge Motz didn't blab to any reporters in his chambers that the settlement was patently unjust or that the microsoft execs were behaving like spoiled children.

    (Don't mind me, but I've been burned before with false-relief that the truth will out.)

  11. heh by nomadic · · Score: 2

    U.S. District Court Judge J. Frederick Motz said he could not endorse the settlement even though it would have committed Microsoft to spend hundreds of millions of dollars on software and computers for poor schools.

    Like the software costs them anything beyond the manufacturing cost (what is it, a small fraction of a penny for each CD pressed?)

    1. Re:heh by nomadic · · Score: 2


      You're making some really big jumps in logic here.

      First of all, they were talking about giving software to schools that probably wouldn't be able to afford it on their own. You suggest that half the "people" being given the software would have otherwise bought it, which is patently ridiculous; if these schools could afford the software licenses, it's doubtful that they'd qualify for receiving it in the first place.

      And that "hope you learned something" was entirely unnecessary, immature, and condescending. Why not simply debate the issue without resorting to that sort of thing?

      Once you eliminate the fake losses that Microsoft would claim, many of the other costs start to disappear. Microsoft makes up for its R&D costs on the retail market; if giving away software to schools doesn't dilute that market, then the R&D costs just don't come into consideration. They conduct R&D for the retail market, and they cover their costs from products sold there.

      As for the hardware costs, you'll note that in my post I didn't mention hardware at all. Yes, the costs could be quite substantial, and I have no objection to Microsoft doing so as part of the settlement. I simply reject entirely that they should be able to claim that their software donations cost involve anything other than logistics costs.

      And that final line about "hoped you learned something" was condescending, immature, and unnecessary. Why not simply debate the issue without using those sort of cheap rhetorical devices?

    2. Re:heh by pmc · · Score: 2

      Okay, sure, if all of Microsoft's programmers worked for free, developing Microsoft's software for a total outlay of $0 up front (including everything from not paying salaries, to not spending money on research, to forcing "employees" to purchase their own equipment), then sure, Microsoft's cost in this case would only be the price of pressing a CD.

      The marginal cost to Microsoft is the cost of the CD - those other costs are already covered. But, let us continue...

      Now, let's also assume that of those 1 million people, half of them would've purchased a new PC with Windows included (say, $50 for the OEM license). That's 500,000 * $50 = $25 million that Microsoft "lost".

      Why? Did they, perchance, get a refund from the OEM licence? Seems unlikely. So if the did purchase a PC they would have paid _again_ for windows.

      So that's Zero MS have lost. Let us continue some more (this is fun!)

      Now, let's assume another 25% of those people would've purchased a Windows Upgrade version ($90). That's another 250,000 * $90 = $22.5 million lost.

      What, exactly, are these people going to upgrade? MS have just given them the computer with windows on it. Sheesh. But I'll be generous - let's say 1% of people without computers will buy windows upgrades (strange impulse purchases).

      And lastly, say 10% of those people would've bought a full version of Windows ($200).

      More deranged impulse buyers? Surely not.

      That's yet another 100,000 * $200 = $20 million lost. In total, that's $25 mil + $22.5 mil + $20 mil = $67.5 million.

      Okay, so now let's knock the profit out of that and see what Microsoft actually lost. Assume Microsoft makes 50% profit on everything they sell (that's damn high, but they're a Monopoly, and I have to pander to the Slashdot crowd).

      Oh dear - lets work out the incremental cost of producing a CD when you have already produced 100,000,000 of them. Pennies.

      That means of that $67.5 million they "lost", they only truly lost $33.75 million.

      So, allowing 10cents per disk, that's $10,000 it costs them to donate the software. Or, in other words, a miniscule sum compared to the cost of the lawyer who drafted it.

      Don't believe me? Two good reasons why you should. MS charges employees a pittance for software - that should give you some idea of it's intrinsic value. And when doing tax calculations on such things the value received for the purposes of tax in the incremental cost of making one extra, not the average cost.

      That concludes the economics lesson for today.

      That was economics?! Wow.

      I hope you learned something.

      Oh, yes. Just not what you were (supposedly) teaching.

  12. I amazed MS wasn't held in contempt of court by Uttles · · Score: 4, Flamebait

    Seriously. Their idea of a settlement was to donate computers with MS software to schools? I read about that before as their proposed settlement and didn't really pay much attention to it, but now that they actually took it to a judge I'm just speechless.

    Here's why I'm laughing inside: MS gets sued by individuals for unfair competition and illegal business practices, and then MS proposes a solution where they will appear to be doing a public good, but in fact they will be cementing their platform in the future computer world by brainwashing children. What a joke!

    Like many others on here, I would love to see them donate all this hardware only for RedHat to volunteer and install Linux on it all, but I seriously doubt MS would let that happen. Given their attitude and actions in this case so far, I'm sure they'd write up some wordy contracts about proper use of the equipment they donated. I wouldn't be surprised if they even claimed everything produced by the computers and software would then become IP of MS. Anyhow, I really think the judge should have fined them for wasting the court's time.

    --

    ~ now you know
    1. Re:I amazed MS wasn't held in contempt of court by garcia · · Score: 5, Insightful

      how about give up cash and let the schools decide what goes on it?

      Who the hell are we to say, "hey let's have them give hardware and have RH come in and put Linux on it" Talk about brainwashing.

    2. Re:I amazed MS wasn't held in contempt of court by SirSlud · · Score: 2

      Well, software + hardware = money, so it's not quite cut and dried unless you're a pundit. Obviously, it was an underhanded attempt, but the beauty of having a monopoly is having an excuse to push your product when you are asked to give back to the market in punitive damages.

      But be careful man .. you sound as fundamentalist about the issues (ie, you sound like they are black and white) as any devout MS marketer/salesperson would be about the value of their own products in the classroom.

      As someone else pointed out a while back, it does make sense to provide schools with the same OS their parents have at home. It's kind of a catch 22, if you ask me.

      On a side note: Apple! It's *nix with a simple to use GUI, so you get the both of best worlds for the next generation of users. Then, they can take their pick once they have the money for a computer. I don't mind propriatary software all /that/ much .. it's just the overzealous fundamentalist marketing and underhanded lock-in strategies that bother me most about MS. Apple isn't nearly so bad at this, for instance ....

      --
      "Old man yells at systemd"
    3. Re:I amazed MS wasn't held in contempt of court by GreyyGuy · · Score: 2

      Here's the problem with this case: there is no evidence that customers suffered harm for more than a few dollars per person.

      I seem to recall that these cases are based on the orgianl findings of the anti-trust trial. One of the findings was that MS is charging as much as twice what they would be if there was competition. Assuming that even with competition even 10% would be saved on each product, how much MS software does a person have? Windows, Office, and a few games are not too unlikely. And then figure that the person might have purchased one version and then upgraded the costs are even greater. It definately isn't a stretch to say one person might have spent $500 on MS products. Of course, some could have spent many thousands. So 10% isn't exactly nothing.

      And while the lawyers will benifit the most, it should help MS figure out that they are doing something wrong. That is much better then giving them a whole new group of customers.

  13. There doesn't need to be any final victory... by dmorin · · Score: 5, Insightful
    Don't dwell too much on this going on for years in the courts. The best thing that can come of this would be similar to what happened in the 80's with IBM -- that the government and anybody else possible shines as much attention on Microsoft for as long as possible, slowing their monopolisitic practices long enough for the competition to catch up. Unfortunately for IBM the one that caught up to them was Microsoft :-/.

    It's already happening, and will continue. Have patience.

    1. Re:There doesn't need to be any final victory... by pdqlamb · · Score: 4, Flamebait

      Don't dwell too much on this going on for years in the courts. The best thing that can come of this would be similar to what happened in the 80's with IBM -- that the government and anybody else possible shines as much attention on Microsoft for as long as possible, slowing their monopolisitic practices long enough for the competition to catch up. Unfortunately for IBM the one that caught up to them was Microsoft :-/.

      It's already happening, and will continue. Have patience.


      I think the tobacco industry might be a better metaphor. They had tons of money and could throw cash at lawyers for thirty or forty years until they just got tired of it. I'd have preferred the Redhat-style penalty; hit them and make them pay cash.

    2. Re:There doesn't need to be any final victory... by mjh · · Score: 2
      Unfortunately for IBM the one that caught up to them was Microsoft :-/.

      Unfortunate for all of us.

      --
      Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
    3. Re:There doesn't need to be any final victory... by dmorin · · Score: 2
      IBM wasn't only into hardware -- look at OS/2 as a good example. Microsoft in short order found themselves in a position to waltz IBM down one path, get them to invest all kinds of resources and press on it, and then say "Oh yeah, by the way, we're gonna go ahead and bail on this, and create our own competing product with a full suite of apps that we've been working on right along. Surprise."

      Since the whole architecture of the PC was open, there was no way that IBM would be a monopoly in that area. Therefore it's possible to assume that they could have chosen to set themselves up as a OS monopoly. But Microsoft did it instead.

  14. Overcharged? by afxgrin · · Score: 5, Interesting

    From the article: "Class-action attorneys from California have argued the money should be reimbursed directly to customers who were overcharged for Microsoft software."

    This is interesting. How does someone actually determine the worth or 'price' of software? Generally you want to take all your overhead, add some profit, and take a good estimate of what your sales will be. Then you'd determine a price. (I realize this is very OVER simplified) You would also compare your product against competitive products and see where you sit in comparison to them price/value wise.

    Since Microsoft essentially had a monopoly on the PC market for sales of Operating Systems, their competition was none. They could charge any price to the OEMs and Consumers for the retail packages they felt like, which at least appeared to be a reasonable price to most customers.

    But how would they determine if someone was overcharged by Microsoft? Is the very fact that when you buy a PC, you automatically have Windows installed on it and are also paying for the OEM version of Windows that was installed on that PC?

    This could easily be argued as a 'value-added' feature of that PC. Where the customer ultimately benefits because the cost of an OEM Windows license is less than the Retail Windows license.
    I personally loathe Windows, and don't use it. But I'm more curious on how they determined that Microsoft overcharged it's customers.

    1. Re:Overcharged? by Sc00ter · · Score: 4, Interesting
      this is a good point.. and when you look at the few alternitives, both now and in the past.. MacOS, OS/2, Be, even boxed version of linux that come with support.. They're all around the same price.. So how is that overcharging..


      Also, as far as Windows being pre-installed.. Who let it be pre-installed? The person selling the computer. They didn't have to have an OEM deal with MS, but they decided to.. You don't like it, buy a computer from somebody that doesn't have an OEM deal with MS.

    2. Re:Overcharged? by sheldon · · Score: 4, Interesting

      Nobody is quite clear on that. The Retail price of Windows is substantially higher thant the OEM price. (i.e. compare $100 to $15) In a sense Microsoft keeps the retail high to actually encourage people to buy new PCs bundled with software. They do this to benefit their OEM partners.

      But the case is oddly about OEM sales for the most part. Since the lawyers(not consumers mind you) who have brought these cases wish to make them as all consuming as possible, the OEM market is a better client because it accounts for some 90% of Microsoft sales.

      It'll be interesting to see what evidence they bring in the trial. I think they'll have a tough time proving their case, however.

      This case has more to do with ambulance chasing lawyers, or in this case law firms with a "sue microsoft" business plan. :)

    3. Re:Overcharged? by Phexro · · Score: 3, Informative

      what?

      let's see... red hat 7.2: $59.95
      mac os x.1: $129.99
      windows xp (home ed.): $199.99
      os/2 warp 4: $284.00

      ok, so admittedly, os/2 is more expensive than windows xp. but, every other os available is significantly less expensive.

    4. Re:Overcharged? by Courageous · · Score: 2

      It's funny. I've been thinking this for some time. Over the last couple of years, it's become quite apparent to me that the reason that Microsoft is so successful at this is that the business model has natural monopoly properties. "This stuff all works together" is a natural monopoly not unlike phone companies.

      Of course, you and I differ on the solution. I believe that granting Microsoft dejure state-sponsored status as a monopolist, even with regulation would be a horrible disaster.
      There must be numerous players, in my opinion. While there is a naturalness to the monopoly, other concerns override the benefit the people are getting from having a single dominate player. Or so I feel.

      C//

    5. Re:Overcharged? by donutello · · Score: 2

      The case of people who had Windoes pre-installed on their computers was already thrown out by the court (ruling that Microsoft did not engage in a sale directly to the customer).

      These class-action lawsuits are on the behalf of people who went out and purchased a copy of Windows 98. They are on the basis of the findings of fact which stated that Microsoft could have charged $48, instead of $99 for Windows but was able to overcharge because it was a monopoly.

      --
      Mmmm.. Donuts
    6. Re:Overcharged? by sheldon · · Score: 2

      A few years ago I was involved in an accident. Some woman tried to pass me in an intersection while I was making a left turn.

      It resulted in $6k damage to my car, and totalled her car worth only about $1k.

      I felt she was clearly at fault, and told my insurance agent so. She didn't have insurance and so instead hired a $50 ambulance chaser to send a letter to my insurance company.

      Long story short, my insurance company paid her $1500 to settle and not go to court.

      The point being it would have cost a lot more than $1500 to take the case to court, so it was worth it.

    7. Re:Overcharged? by sheldon · · Score: 2

      Mac OS X is only available two ways:

      #1. With new hardware.
      #2. As an upgrade on the retail shelf.

      Therefore comparing the full price of WinXP to the upgrade price of Mac OS X is being deceptive. More reasonably you could have used the WinXP Pro license price of $199.

      RedHat Linux is an interesting situation because they do not have near the R&D costs of either Apple or Microsoft because they rely upon the free labor of volunteers.

      I can't imagine anybody still buys OS/2.

    8. Re:Overcharged? by sheldon · · Score: 2

      In that case you must add the cost of whichever version of MacOS was on the Mac (MacOS 8) to the cost of Mac OS X.

      But how do you arrive at that price considering it's only available as part of a hardware purchase from Apple. Especially given Apple Macintoshes are 30-50% more expensive than equivalent PCs.

    9. Re:Overcharged? by Sc00ter · · Score: 2
      Actually.. to be fair.. OSX.1 is the full version and comes with OS9 (for classic).. You don't need to prove that you have a previous version.. or need one.

    10. Re:Overcharged? by Phexro · · Score: 2

      Mac OS X is only available two ways:

      #1. With new hardware.
      #2. As an upgrade on the retail shelf.


      what's this then?

    11. Re:Overcharged? by sheldon · · Score: 2

      Maybe you should quote one of these oem contracts so you can prove your point.

    12. Re:Overcharged? by sheldon · · Score: 2

      OSX.1 is only available for computers already purchased from Apple Computer.

      Since Apple does not allow for clones, and you cannot purchase an Apple computer without an OS...

      Every version of MacOS sold is an "upgrade."

      I don't understand why this confusion continues to come up. Thinking differently should not mean throwing logic to the wind.

    13. Re:Overcharged? by sheldon · · Score: 2

      Your web session timing out?

      I assume you are talking about the MacOS X *Upgrade* that is available from the apple store.

    14. Re:Overcharged? by sheldon · · Score: 2

      The only way you can purchase a full install of any MacOS is if you buy it with the hardware. From then on, every version of MacOS that Apple sells you is an *Upgrade*.

      I will aid you in your search for a rebutable. You must prove that MacOSX will run on a hardware platform that can be purchased from someone other than Apple computer. If you can do that, you will win the argument, otherwise it is futile to continue.

    15. Re:Overcharged? by sheldon · · Score: 2

      Well I only have a Pentium III 850Mhz, so I don't know what you get with the new Pentium 4.

      But this is what I received with the purchase of my desktop:

      1. A premium PC that I know will work.
      2. Quality hardware that cost very little to purchase.
      3. A company that stands behind its product, that will talk to you, that will make certain that you are a happy customer.
      4. An operating system that is built from the ground up to run well on premium PC hardware.

      Amazing thing was I spent about half what you did on your Mac and got the same benefits as you think you got.

      I do hope that I never see you complaining about Monopolies, because you appear to treasure them far more than I.

    16. Re:Overcharged? by Paul+Komarek · · Score: 2

      Some of the testimony in the DoJ and States v MS demonstrated that the price of retail copies of Windows did not drop with age in the same way other software (including OS) products did. Perhaps the overcharging suits will discuss the price paid for Win95 once Win98 was out, or similar.

      -Paul Komarek

  15. Answer by NiftyNews · · Score: 2, Funny

    The judge was unhappy with the "private suits?" Great. Now MS will just release "public suits" for us to buy. In a year from now all of our clothing will be covered by .NET!

    And if that's not bad enough, consider the goon squad that will repo your underwear when you neglect your license fees...

    1. Re:Answer by Phexro · · Score: 4, Funny

      that's ok... i like clothing made from .NET.

  16. Please keep in mind... by sheldon · · Score: 4, Insightful

    This was a pre-trial settlement. Microsoft has not been found guilty of the allegations of over charging consumers.

    These cases will now go to court.

    But it's up to the claimants to prove that in a more competitive market the price would have actually declined. That was the allegation that Judge Jackson made in his court that spawned these lawsuits, but it was more of an assumption of the nature of monoply than really supported by facts.

    It's highly unlikely that Microsoft will lose these cases, they simply tried to get a pre-trial settlement because it would have been cheaper than the legal costs of fighting in court, as well as derailing the negative publicity a court case causes.

    That is why the proposed settlement cost seemed so low. It was a hedge, not a punishment.

    1. Re:Please keep in mind... by NMerriam · · Score: 2

      But it's up to the claimants to prove that in a more competitive market the price would have actually declined. That was the allegation that Judge Jackson made in his court that spawned these lawsuits, but it was more of an assumption of the nature of monoply than really supported by facts.

      Well, you may not think they were supported by the facts, but as far as any court in the USA, it is a legal fact that MS has a monopoly and overcharged customers. Judge Jackson's legal findings were upheld at appeal, and at this point only the US Supreme court can overturn them.

      The suit really doesn't have to rpove much of anything, so long as the supreme court doesn't get involved. With the DOJ trial transcript and jackson's Finding of Facts, they've pretty much got everything they need, and MS has a pretty high hurdle if they want to disprove a fact that has already been upheld on appeal.

      --
      Recursive: Adj. See Recursive.
    2. Re:Please keep in mind... by sheldon · · Score: 2

      I think you need to go back and reread the Findings of Facts.

      The discussion of over charging is purely speculative in nature in support of the monopoly charge. There is a great deal of suggestion that Microsoft could overcharge if they wanted to. This speculation was part of the proof that Microsoft was a monopoly.

      However, Point #65 makes the claim that they could be undercharging in order to maximize sales of Intel machines. He also uses this as evidence that they are a monopoly.

      The point being that whether or not Microsoft did charge more than they would have in a competitive market is not addressed. Just that they could have if they wanted to and that was proof they were a monopoly.

      I'm afraid you are either highly uninformed about the law(even moreso than myself) or are just overly optimistic. (maybe a bit of both?)

      The plaintiffs in this case have a lot to prove in court.

  17. I for one am relieved by BranMan · · Score: 2

    But not because it was Microsoft. I'm not sure I understand it all, but from what I gather this was Microsofts remedy to 100s of individual lawsuits, brought by individuals (not the DOJ or the States).

    So Microsoft is sued by individuals for overcharging them for Windows (AFAIK)(?). Microsoft then says - "Hey, psst Judge, why don't we get rid of all these pesky little suits tying up your courts. And in return I'll do, oh, say, a little community service. On my own terms of course. Whadda say?"
    I'm glad the Judge told them no - it would have been quite a travesty for the aggrieved to have gotten no compensation.

  18. Man .. If worked the phones ... by TheViffer · · Score: 2

    for a computer seller and this deal would have gone through .. I would have
    made a haul!!!

    --
    -- Knowing too much can get you killed, but knowing who knows too much can make you rich.
  19. It's just one battle by john82 · · Score: 4, Interesting

    MS may have lost this one, but they are patient in seeking complete market domination. There are many palms to grease in DC. Eventually someone will rise up in Congress and ask that we brush aside this blight on the profits of such a fine company as Microsoft.

    I'd like to believe that won't happen. But too many legislators have the techincal comprehension of a sea slug. Nothing substantive will ever happen to Microsoft at the behest of any branch of the US Government. Eventually the dissenting states will be forced to give up the fight because they simply can't afford the up-front cost of litigation.

    1. Re:It's just one battle by Amazing+Quantum+Man · · Score: 2

      CA has the fifth largest economy in the world (Up from 7th -- it passed France and Italy).

      I suspect that it can hold out for a while.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    2. Re:It's just one battle by donutello · · Score: 2

      There are many palms to grease in DC. Eventually someone will rise up in Congress and ask that we brush aside this blight on the profits of such a fine company as Microsoft.

      You mean like all those palms greased by Oracle, Sun, AOL, etc. which caused the original DoJ case in the first place?

      --
      Mmmm.. Donuts
  20. Analogy by doce · · Score: 4, Funny

    I saw this in someone's .signature on some random mailing list that I can't remember at the moment. I think they attributed it to a Mac website.

    ...someone is caught breaking into your house, offers to repair the
    damage instead of going to jail, if they can put up a massive billboard
    for their house maintainance business in your front yard for six
    months...

    --
    woof!
    1. Re:Analogy by 2Bits · · Score: 2, Funny

      No, it's like

      ...someone is caught breaking into your house, offers to repair the
      damage instead of going to jail, and states that everything in your house now belongs to him, and if you want to add anything to your house, it will belong to him too.And you kids belong to him too.

  21. donating? by Doppler00 · · Score: 2, Interesting

    Wait. Donating old computers and software would cost almost nothing to Microsoft and would guarantee a new generation of people dependent on using only Microsoft software. This would be more of a benefit for Microsoft rather than a punishment. Perhaps a better punishment would be to offer rebates from Microsoft. This would immediately benefit people who have bought Microsoft software (those who are allegedly ffected by the monopoly.)

  22. A Variety of Interesting Links on That Page... by kmactane · · Score: 2, Informative

    It's interesting to look at the various links to the right of the main story on that page. The one titled "Experts Question Microsoft Action," for example, has yet *another* example of Microsoft's dirty tricks: violating the Tunney Act by trying to make deals with legislators (totally aside from their attempts at deal-making with the DoJ) and not informing the court about it.

    Then there's the way MS wants to bar the public from the proceedings... while it's heartening to see that they can still lose (maybe -- the case isn't over yet!), it's also kind fo scary to see that they're actually starting to learn more about how to (try to) manipulate the process in Washington. Compared to their bumbling in the political arena a few years back, they've actually made giant strides. Which does not bode well.

    We may have just one won battle (though actually, I'd prefer to think that *justice* just won a round), but we need to keep our eyes on MS. They're not about to roll over and play dead, and I think they're getting wilier.

  23. Microsoft vs Apple by Camel+Pilot · · Score: 2, Interesting

    I have always wondered about this. If I had only two choices; Microsoft and Apple, I think I would prefer a world ruled by Microsoft than by Apple. The only thing Apple has going for it is that they are the underdogs and people like underdogs.

    Apple's philosophy has always been about domination and control and they have never encouraged tinkering and hacking by individuals. At least Microsoft freely release GW-Basic in the early days and how many people first became interested in programming due to the availability of Basic. Microsoft has also supported the porting of Perl and Python (via Activestate) to the Windows environment. Also, Microsoft's software has been typically cheaper than Apple's

    Also, Apple has shown to be very anti-competitive in other ways. Remember Apple 's sordid attempt to foster clones? As soon as the clone manufactures became a little too efficient and began competing a little too well and delivering products to consumers at lower cost; Apple put their foot down and revoked licensing.

    I am glad tho that I do not have to pick between the lesser of two evils :)

    1. Re:Microsoft vs Apple by Daniel+Dvorkin · · Score: 5, Interesting

      Yes, if Apple had 90+% market share, they would be just as bad as Microsoft, maybe worse.

      And if Sun had 90+% market share, they would be just as bad as Microsoft, maybe worse.

      And if Oracle had 90+% market share, they would be just as bad as Microsoft, maybe worse.

      And if IBM had 90+% market share ... wait a minute, never mind.

      The point is not how vicious other companies beside Microsoft may be (though I'll note that Apple has become considerably less closed in the OS X age than it used to be.) The point is that Microsoft has unique monopoly power right now, and that they are everyone's enemy. Let me make that clear: if you work for Apple or Sun or Oracle or IBM or any other computer company that is not Microsoft; if you prefer MacOS or Solaris or Linux or any operating system that is not Windows; if, in fact, you do not actually work for Microsoft or for some "company" that is really a marketing arm of Wintel, Inc. (e.g. Dell), Microsoft is your enemy.

      If and when Microsoft is toppled from its throne (and I sincerely hope it happens soon) there will be another company waiting to take its place, no doubt -- and it's entirely possible that one of the companies I mentioned above will be it. (Probably not; it will probably be someone we either don't know about or aren't particularly afraid of ... like Microsoft itself was in the days of IBM dominance. Maybe Red Hat?) Whoever it is, they will try all the same monopolistic dirty tricks as Microsoft has, and that IBM did before it, no doubt. And we will have to be on our guard against them, and fight them every step of the way -- hopefully we can keep them from ever getting that powerful, but if not, expect yet another long anti-trust saga that leaves no one satisfied.

      But right now, in 2002, that doesn't matter. What matters is that Microsoft is much too big and too powerful, that it is crushing innovation, that it is evil. Remember that Churchill and Roosevelt allied themselves with Stalin against Hitler, and they were right to do so.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    2. Re:Microsoft vs Apple by starseeker · · Score: 3, Insightful

      "Yes, if Apple had 90+% market share, they would be just as bad as Microsoft, maybe worse."

      Probably, but at least their stuff WORKS.

      "And if Sun had 90+% market share, they would be just as bad as Microsoft, maybe worse."

      I disagree. Sun's a hardware company. They sell hardware. Cheap software means selling more hardware. Plus, since they aren't turned off by Linux, they could avoid $$$ in development costs.

      "And if Oracle had 90+% market share, they would be just as bad as Microsoft, maybe worse."

      Yep.

      "And if IBM had 90+% market share ... wait a minute, never mind."

      Actually, if they had it again they might at least put out a little better product, because they got taken down once.

      "The point is not how vicious other companies beside Microsoft may be (though I'll note that Apple has become considerably less closed in the OS X age than it used to be.) The point is that Microsoft has unique monopoly power right now, and that they are everyone's enemy. Let me make that clear: if you work for Apple or Sun or Oracle or IBM or any other computer company that is not Microsoft; if you prefer MacOS or Solaris or Linux or any operating system that is not Windows; if, in fact, you do not actually work for Microsoft or for some "company" that is really a marketing arm of Wintel, Inc. (e.g. Dell), Microsoft is your enemy."

      Except if you're in the Bush administration, apparently...

      "If and when Microsoft is toppled from its throne (and I sincerely hope it happens soon) there will be another company waiting to take its place, no doubt -- and it's entirely possible that one of the companies I mentioned above will be it. (Probably not; it will probably be someone we either don't know about or aren't particularly afraid of ... like Microsoft itself was in the days of IBM dominance. Maybe Red Hat?)"

      If Linux takes over, it will NEVER be like it is with Microsoft. Thank you GPL.

      "Whoever it is, they will try all the same monopolistic dirty tricks as Microsoft has, and that IBM did before it, no doubt. And we will have to be on our guard against them, and fight them every step of the way -- hopefully we can keep them from ever getting that powerful, but if not, expect yet another long anti-trust saga that leaves no one satisfied."

      If Microsoft gets taken down, hopefully that will be a lesson to whoever follows. Probably not, though.

      "But right now, in 2002, that doesn't matter. What matters is that Microsoft is much too big and too powerful, that it is crushing innovation, that it is evil. Remember that Churchill and Roosevelt allied themselves with Stalin against Hitler, and they were right to do so."

      Um, bad comparison. Microsoft isn't THAT bad (very few are, fortunately.) Plus, we don't have to crush Microsoft to succeed. (Although it would give us that little warm feeling inside...) I'm operating this computer without using any Microsoft software. I'm getting work done (well, not right now, but still...) I'd call that a victory.

      --
      "I object to doing things that computers can do." -- Olin Shivers, lispers.org
  24. fair punishments by quarter · · Score: 4, Flamebait

    I was just talking with someone today about how something like a speeding ticket to Bill Gates is no punishment at all.
    But a public whipping would be pretty punishing no matter who you are (well maybe not to masochists)

    So rather than come up with some arbitrarily large sum of money to punish Microsoft, maybe all the execs on the board should be publicly flogged.

    1. Re:fair punishments by Fencepost · · Score: 2
      I was just talking with someone today about how something like a speeding ticket to Bill Gates is no punishment at all. But a public whipping would be pretty punishing no matter who you are (well maybe not to masochists)

      Isn't it one of the northern European countries that ties fines for things like speeding tickets to your total income for the year? I seem to recall something a year or two ago about someone who received a speeding ticket for tens of thousands of dollars, but whose stock holdings tanked before he could actually pay it. True or urban legend?

      --
      fencepost
      just a little off
    2. Re:fair punishments by Lumpy · · Score: 2

      Now now ,I wouldn't want to inflict harm to these people... well maybe ballmer, how did that wacko get that job?.. anyways..

      The perfect punishment would be public-humiliation. They are to be locked into stockades in a public place for 48 hours. people can throw non-harmful items at their faces,body,etc... and can give spankings. (not too hard and must be with your hand.)

      hmmm, how about HIV and hepatitus testing so we can have a urinination line? maybe that is too far........ NAHHHHH!

      --
      Do not look at laser with remaining good eye.
    3. Re:fair punishments by isaac_akira · · Score: 2

      but did the exec do it again? getting caught once (and being punished in a way that means something to you) usually makes people take laws more seriously in the future.

  25. Heres Hoping by cybrthng · · Score: 2

    I never have to read another MS settlement/court case on slashdot again.

  26. Good, The damages should be paid to the damaged! by www.sorehands.com · · Score: 2

    I paid for software that I could not use. I still have not got my refund from Microsoft for the garbage they forced on my system.

    They should have to pay the people who lost money, not be allowed to give it to people not effected. If I run into your car and damage it, do I get to give my girlfriend a spare computer instead of paying to fix the harm I did to you?

    Of course Microsoft says that the settlement would cost them lots of money, but it would be retail including retail price of software...not actual cost to them.

    But, even so, it gets MS products infront of children -- advertising???

  27. The Enron fallout might really hurt Microsoft by DeafDumbBlind · · Score: 2, Interesting

    Microsoft got a slap on the wrist from the Feds. They figure that the Bush administration will be firmly in their corner. Because of all the fallout and implications between Enron execs and the Bush administration. Bush may want to do something to show that he's not a pushover for business. Even if he doesn't pull strings to go after MSFT, I'm sure that he won't do anything to help them. Congressmen will probably think twice about helping out a huge corp in the near future as well.

    --


    Jesus used to be my co-pilot, but we crashed in the mountains and I had to eat him.
    1. Re:The Enron fallout might really hurt Microsoft by mpe · · Score: 2

      It looks like Enron has done nothing illegal. Immoral, cheap and underhanded certainly, but not illegal. Besides, what kind of MORON puts 70-100% of their retirement plan in ONE STOCK. Those kind of morons don't have any right to complain when that stock tanks.

      IIRC Microsoft play all sorts of games with their stocks, including paying in stock options, wonder if there might be Microsoft employees with their entire retirment fund in Microsoft stock...

  28. donation by csbruce · · Score: 3, Insightful

    How about a compulsory $37-billion donation to the Free Software Foundation as punishment?

  29. At least the judge seems to "get it". by marcop · · Score: 4, Insightful

    From cnnfn there is a mention that the judges reasons are:

    Judge Motz said he was not satisfied that there was enough value to the settlement and that the charitable institution would have been insufficiently funded.

    Further, Judge Motz said the settlement "would raise antitrust concerns from the perspective of other software manufacturers" because the donation of free software could be construed as "court-approved predatory pricing."


    Both these issues have been raised by many people and posted here on slashdot in the past.

    1. Re:At least the judge seems to "get it". by Have+Blue · · Score: 2

      Both these issues have been raised by many people and posted here on slashdot in the past.

      [sarcastic reply involving Shakespeare and a very large quanitity of monkeys]

    2. Re:At least the judge seems to "get it". by marcop · · Score: 2

      Yes, I am replying to my own article but I wanted to add The Register's take:

      he deemed there was "insufficient value" in Seattlement (Private Edition)Version 1.0.

      So who else thinks that by version 3 there will be an approved settlement?

      Most tech and mainstream news sites have some article about the denied proposal on their main page but they are all pretty much the same. The Register always shines in their own way though.

  30. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  31. Re:Microsoft vs Apple - probably troll feeding... by victim · · Score: 4, Insightful

    ... underdogs, and people like underdogs...

    I'll agree with this piece.

    [apple] never encouraged tinkering and hacking by individuals

    The entire development environment and documentation library for Mac OS-X is both free and pretty darn spiffy. Visual Studio is something like $500 to $1000 depending who you are and how you get it. Heck, my first Apple came with schematics and ROM assembly listings.

    At least Microsoft freely release GW-Basic in the early days...

    Apple gave away Basic before Microsoft even existed. Never for Macintosh, but I believe that was more for strategic reasons. Apple needed to force the applications to a dramatically higher level of usability. This required the armys of evangelists and much arm twisting. "modern" mid '80s gui applications were not going to be thrown together in the Basic of the days.

    Microsoft has also supported the porting of Perl and Python (via Activestate) to the Windows environment.

    Yes, now we can see if that was the embrace before the extend.

    Microsoft's software has been typically cheaper than Apple's

    I have no idea in what universe this is true. Actually, there is very little in the way of good comparisons. Office $400, Appleworks $99. But Appleworks is feature poor compared to Office. It does everything I need, so its a good deal for me (well, $0, I buy low end Macs where it is included). If I needed the extras Office has this would be a worthless comparison. IE? No comparison. Apple is still forbidden from suggesting that there may be other browsers much less making one. iPhoto, iMovie, iDVD? No competition. Likewise there are loads of MS apps with no comparison. OS prices? Upgrades are similarly priced. Development tools? No contest.

    Remember Apple 's sordid attempt to foster clones?

    Yes. Apple gave them the hardware reference designs and OS in the delusion that the cloners would make a wider variety of machines and attack niches. The cloners just built the reference designs with minor tweaks and sold them in to apple's highest margin market (early adopters) because the cloners could start selling the newer faster processers while they were still in short supply and Apple with their larger market had to wait for production to ramp up. (I believe at one point Apple was buying all the initial production of higher speed processors at a premium and warehousing them so they could get the fast machines out first. When you have to pay a premium to keep faster processors away from your users in order to promote your platform something has gone wrong.) The media savaged Apple for offering slow machines. Apple lost sales. The platform didn't gain . Apple didn't revoke the cloners licenses (except one, they bought that back) they just raised the OS price so the cloners paid the same per machine for the OS as apple. Without the OS subsidy to pocket the cloners left the business.

    I am glad tho that I do not have to pick between the lesser of two evils :)

    Me too. I suspect any corporation with a 90%+ market share will be bad for the users. God knows what GPL v9 will look like when free software has 90% of the market.

  32. Micorsoft-opoly by nege · · Score: 3, Funny

    Micorsoft-opoly...

    BillGates: [rolls dice] = 8
    BillGates: sweet, doubles!
    1,2,3,4,5,6,7,8.
    Chance: "Place token to nearest anti-trust judge. If he is unowned you may buy him from the bank, otherwise come up with new settlement plan."
    BillGates: damn!
    BillGates: [rolls dice] = 5...

  33. Re:Where do I file amicus curia (friend of the cou by Have+Blue · · Score: 2

    Step 1: Go to law school, become a lawyer.

    Step 2: Realize that step 1 took so long that [the trial is long over | MS.gov will have you put to death for that filing]

    Step 3: There's no step 3!

  34. Re:The settlement had a purpose by Amazing+Quantum+Man · · Score: 2

    That's it! Settle for $1Billion Cash. To be divided equally amongst all plaintiffs. Bill Gates should personally have to write out (by hand) and sign (by hand) each check. No computer printing or rubberstamping of either signatures, amounts or payees.

    --
    Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  35. Re:The settlement had a purpose by Grishnakh · · Score: 2

    And he should be kept awake with a cattle prod until it's finished.

  36. now how much will this donated software by night_flyer · · Score: 2

    actually cost Microsoft... about $.10 a CD....

    --


    Thanks to file sharing, I purchase more CDs
    Thanks to the RIAA, I buy them used...
  37. Re:What else did you expect? by opus · · Score: 2, Interesting

    IANATA (I am not a tax attorney), but I don't think the IRS lets software companies write off the "value" of "donated" software. (Any more than I could write off $75 an hour in time "donated" to charity.) That's just too big a loophole.

    Furthermore, I'm pretty sure that you can't write off civil damages (or criminal fines, of course), whether or not the case was settled out of court.

    Somebody with a law degree correct me if I'm wrong.

  38. Flogging Balmy by abe+ferlman · · Score: 3, Funny

    Ya, but between whippings Ballmer would shout

    "Developers! Developers! Developers!"

    Please, spare us the spectacle...

    --
    microsoftword.mp3 - it doesn't care that they're not words...
    1. Re:Flogging Balmy by A_Non_Moose · · Score: 2

      LOL...

      Mod that up, it's sick and twisted...

      I'd mod it up, but used my points yesterday.

      Oh, and when the judge asks for remedies I'd pay good money to have someone yell out:

      "Hanging's too good for him...Burning's too good for him... He should be torn into itsy bitsy pieces and buried ALIVE!!!"

      (Heavy Metal ref, for those that did not know)

      .

      --
      Have you read the moderator guidelines? Well, have you, PUNK? (and I want a Karma: Gnarly option)
  39. Finally... by rnturn · · Score: 2

    ...a judge that didn't get snowed by Microsoft legal sharpies and PR flaks. I'm surprised that MS's laywers didn't drag out a ``we're doing this for the children'' argument. Heck, donating to schools was only a step away from that. And the judge didn't fall for it. There may yet be hope...

    I think I'm gonna have a few beers in celebration tonight.

    --
    CUR ALLOC 20195.....5804M
  40. Good idea, bad implementation by rlp · · Score: 3, Informative

    The way class action suits normally are resolved in the U.S. are as follows:

    Company X illegally overcharges consumers, say one million consumers at $100 each. Class action lawyers file suit 'on behalf' of consumers. After many years, and many appeals, a settlement is reached and damages are awarded. Consumers are asked to fill out 20 pages of paperwork in order to receive a $25 off coupon the next time they make a purchase of $3000 or more from Company X. Offer good for next six months. And the class action attourneys split $25 million in fees.

    Having Microsoft donate money to poor schools is a great idea -- iff it can be done in a way that that doesn't reduce competition.

    --
    [Insert pithy quote here]
  41. I amazed too, but for a different reason by dcavanaugh · · Score: 3, Insightful
    To me, the concept of offering a settlement has to at a minimum compensate the plaintiffs in a meaningful way. My interpretation of the M$ settlement offer was that they would donate mostly software (costing them nothing) to schools (not the plaintiffs), and PAY THE PLAINTIFF'S LEGAL FEES. This is interesting because the lawyers are probably expecting to get a percentage of the settlement, which is being offered by M$ as nothing for the plaintiffs -- meaning 30% of $0 for the laywers.

    In my opinion, this is not much different than offering a bribe to the other side's lawyers to get their support in settling the case for peanuts. Would it be OK if the plaintiffs offered to pay M$ lawyers to persuade M$ to make a $5 billion cash settlement offer??? I think not.

    M$ is not the only company that is allegedly trying to settle class action suits with charitable contributions & paying the plaintiff's attorneys. To me, this is a dubious practice that should be squashed.

  42. Other Microsoft Law Articles by neema · · Score: 2

    This article here discusses how Microsoft's decision to release only it's lobbying of law makers in the executive branch, and not Congress, probaby was detrimental to it's case.

    1. Re:Other Microsoft Law Articles by kindbud · · Score: 2

      There are no lawmakers in the executive branch (yet).

      --
      Edith Keeler Must Die
  43. Perl & Python: Embrace, extend, but not exting by yerricde · · Score: 2, Informative

    Yes, now we can see if that was the embrace before the extend.

    Sure, Microsoft will be able to embrace and extend Perl and Python, but because those programs are copylefted, Microsoft will have to release the source code to any modifications the company makes, preventing the third step (extinguish) from happening.

    --
    Will I retire or break 10K?
  44. Re: Tobacco settlement by coyote-san · · Score: 2

    The tobacco industry did not "just get tired of it."

    They had successfully defended every suit, basically arguing that either nobody knew smoking was dangerous, nobody had proved that smoking was dangerous to their satisfaction, or the "victim" was an idiot who ignored the warning labels on every package of cigarettes.

    Then they lost a case. Too much evidence that they targeted teens unable to make an informed decision, that they deliberately made the product addictive, it doesn't matter.

    Suddenly they were looking at hundreds of thousands of suits every year from people with lung disease. Their reputation as a "hard target" was in tatters. Many potential jurors were pissed off at their decades of foot dragging, at their use of cartoon characters - Joe Camel was recognized by something like 98% of 6th graders, comparable to Mickey Mouse and far more than any real figure. They were looking at potential liability in the billions of dollars.

    So they made an informed decision - something they denied their customers - to settle with the government. One massive payment, and immunity from further civil suits. It was nothing more than a decision intended to minimize their costs.

    MS knows that the judgement that they violated antitrust law makes them a far "softer" target than before. They tried to short-circuit the process with a similar settlement, but they got greedy.

    --
    For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
  45. ... but what about the DOJ settlement? by javacowboy · · Score: 3, Insightful

    If the federal judge accepts the DOJ-M$ "settlement", then none of this will matter.

    The potential impact of Microsoft getting off virtually scot-free by the DOJ will overwhealm the positive impact of this settlement being struck down.

    Should Microsoft be allowed to continue these exclusive arrangements with OEM's, the leveraging of Windows into other margets, gauging for Office, leaving out Java support in XP as well as plguins for IE, forcing users to ask for permission to upgrade their PCs on XP home edition, rigging ZD Net polls on .NET vs Java, etc... then preventing that company from dominating a single segment of the economy: education, will be practically meaningless.

    How many entrepreneurs have been dissuaded or discouraged from writing software because of Microsoft stiffling innovation? (hardly any commerical companies make consumer operating systems anymore) How many once dynamic and cutting-edge products have stagnated once Microsoft gained a 90% share? If they dominate more of the industry, we're going to see even more inferior products. The only good software M$ ever came up with was when they had to compete with another company.

    Having the school settlement struck down is a small victory, one that pales in comparison to the potential losses that would occur if the colluded DOJ settlement is accepted.

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    This space left intentionally blank.
    1. Re:... but what about the DOJ settlement? by frank249 · · Score: 3, Informative

      Even if the DOJ settles with M$ the findings of fact still stand and makes the civil cases a slam dunk. Each of these cases could cost M$ billions of dollars. A few multi billion dollar judgements should give M$ a good reason to clean up their act or else the govt could start the process all over again.

      So in effect the civil cases have the potential for causing the greatest damage and the threat of further cases could be a better deterrent than anything the govt could come up with.

      --

      Today's vices may be tomorrow's virtues.

  46. Re:Perl & Python: Embrace, extend, but not ext by victim · · Score: 2

    How about when they make an API from perl and python to the Windows APIs? How about when these APIs so attactive to the windows python and perl programmers that they depend on them?

    Sound like J++ yet?

    It won't be about owning the interpreters. Thats just code and anyone with $36B in the bank can have code written. It will be about owning the minds of the developers. They need the bulk of software developers to believe Windows is integral to computing.

  47. The Register: Seattlement terms nixed by Judge by frank249 · · Score: 2

    The Register's article adds a good quote from the judge:

    A district court judge has rejected Microsoft's proposed settlement in the private law suits brought against the company.

    Microsoft's $1.1 billion giveaway of computers software to US schools would constitute "court-approved predatory pricing," if approved, said Judge Motz. He didn't, and it's back to the drawing board for The Beast.

    The cynical proposal was criticised on the grounds that would extend Microsoft's monopoly into the education market, which has been a loyal Mac stronghold. Over 40 per cent of US schools use Macintosh computers.

    Motz gave a strong signal that Microsoft's revised proposal would have to be a lot more generous: he deemed there was "insufficient value" in Seattlement (Private Edition)Version 1.0.

    A year ago Motz dismissed 38 suits from customers who had acquired Windows as part of an OEM bundle, even though state law allows such an 'indirect' acquisition to be treated as a direct relationship.

    Bootnote:The term 'Seattlement' was contributed by a reader from the Lichtenstein.
    "

    --

    Today's vices may be tomorrow's virtues.

  48. Re:Thanks, Sheldon, you proved the point. by sheldon · · Score: 2

    I believe you misunderstood.

    I'm not certain if the retail prices amount to overcharging, because it is common practice in all industries for a vendor to give OEMs signifigant pricing discounts over what they charge Retail customers.

    As far as corporate sales, I don't see someone who has made a choice as being a victim. You need to clarify that argument.

    The goal of any business is to get billions in the bank. I don't see how you can make a comparison between Enron and Microsoft. Enron clearly had bad management and was not disclosing all of their liabilities and partnerships appropriately to investors.

  49. Yeah, Baby!! Feel the burn!! by ablair · · Score: 3, Informative

    Hoo-ray for small miracles, an actual judge with sense not to be bamboozled by 300 lawyers (and a complicit prosecution) in a case involving MS. I think Apple, Red Hat, et al. deserve credit where credit is due in this by effectively presenting to the court why this would've been a bad deal. C|net also has an updated story on this, sugesting the possibility of a greater-than $1B penalty for MS now from Judge Motz' comments.

    But this case, like the antitrust case, is not yet over. While we can't do anything to influence the next flimsy settlement for price-gouging MS will probably try to come out with here, maybe we can make a difference in the antitrust case by writing the DoJ. Public comment period ends January 28, 2002. Do write, but polite & reasoned letters only, please.

  50. Re:I love this idea. by DarenN · · Score: 2, Informative


    Well, in Europe, the ECDL (European Computer Drivers License, an award for basic computer usage skills) which is a certificate status program (and a minimum for any secretarial work) is conducted entirely using MS-Office.

    You do a test in Word, Excel, Powerpoint, and Access if I recall correctly.

    --
    Rational thought is the only true freedom
  51. Re:Good, The damages should be paid to the damaged by lowe0 · · Score: 2

    Does this mean I can sue Coke for all that ink on the outside of the can I didn't want?

    If you bought it, YOU BOUGHT IT. You paid their price. The fact that it was part of a package including a computer is inconsequential.

    Besides, wouldn't the damages be limited to the price paid? How much, exactly, did Windows cost you? I doubt it's as much as you're wanting back...

  52. Fixing our schools by phathead296 · · Score: 2, Insightful

    The point was that schools don't need more handouts from anyone. There is a brand new high school here with 600 students. It cost $36 million to build. Excuse me, but WTF!?!? If the building stands as a school for 20 years, that's $12,000 per student (for four years) just for construction costs. Give that money to a private school and they'll probably educate three times as many students twice as well.

    The emphasis has shifted from spending money on hiring good teachers and good supplies to building impressive buildings so that taxpayers can "see" where their money is going.

    BTW, 580 Billion is about $12,800 per student if you assume that during that time about 1/6 of the US population attended school. Keep in mind that's ONLY federal money and doesn't include state or local contributations.

    You want to know how to fix schools? Pay teachers. Pay them well enough to attract some real talent to the area. I mean something in the neighborhood of $80,000-$100,000 for those with Masters degrees and teaching certificates.

    Then, you tell the Federal government to F!#& off. You open it up so that if a parent is not happy with the school, they can remove their student and send them to another public school or even to another district or a private school. This way, the bad schools are driven out by market forces and the good schools are rewarded by more students. Reward the good and let the market drive out the bad.

    The system we have now rewards schools and teachers who perform poorly.

    You also encourage (by tax credits, which != tax deductions) private citizens to contribute to private schools.

    I agree that the education system in this country is seriously screwed up. It's not for lack of money though, it's because that money has been grossly mismanaged, partially by the beaurocratic regulations associated with federal funding.

  53. Re:Microsoft vs Apple - probably troll feeding... by frleong · · Score: 2
    At least Microsoft freely release GW-Basic in the early days...

    Apple gave away Basic before Microsoft even existed. Never for Macintosh, but I believe that was more for strategic reasons. Apple needed to force the applications to a dramatically higher level of usability. This required the armys of evangelists and much arm twisting. "modern" mid '80s gui applications were not going to be thrown together in the Basic of the days.

    Bill Gates (yes, himself!) wrote the Apple BASIC interpreter for Apple II, IIRC.

    --
    ¦ ©® ±
  54. Xbox is cheaper in Japan? WTF? by Guppy06 · · Score: 2
    I looked at the linked-to Reuters article written before this news happened, and next to it there was a nice picture of some Japanese booth babes holding a Japanese Xbox (mmm... booth babes...). I clicked on it out of curiousity, and I found this (emphasis mine):
    Microsoft's Xbox special edition is unveiled at Xbox Conference 2002 in Tokyo, January 11, 2002. Microsoft Corp. said Friday it will launch its Xbox video game console in Japan on February 22 for $263 with a starting lineup of 12 games and a smaller controller for the Japanese market.
    So now I'm damned curious as to why the Xbox (which is brand new period, not just in Japan) costs over 10% less in Japan when it's made by an American company and probably imported across that great big body of water called the Pacific. Are the giant gaijin controllers us Yanks are forced to use that much more expensive? Is there a secret Microsoft tax in the US we don't know about? Does Microsoft charge more because they already know how gullible the average American consumer is?

    Did I mention there were booth babes involved?
  55. Dammit, get it right. by bmajik · · Score: 2

    Micrsoft didn't propose that settlement.

    Someone on the other side did. It must have sounded good to MS, so they ran with it.

    So, the judge said No to a settlement that MS was agreeable to, and that the OTHER side proposed. Had he/she said yes, it would have been over.

    Instead, a bunch of lawyers will make more money, a few political careers will be furthered, and really, nobody will get any money out of MS except some lawyers (on both sides).

    --
    My opinions are my own, and do not necessarily represent those of my employer.
  56. Re:scores of suits? by Legion303 · · Score: 2

    "I sprained my eyes, your honor. That's right, the eyes were sprained."
    </eddiemurphy>

    -Legion

  57. no. Inevitable! by einhverfr · · Score: 2

    When I first saw this settlement, my first thought was Ï hope it is not put through!" Then I realized it had absolutely no chance of gettign through. A judge simply won't prevent a plaintif from being able to claim damages in many non-related cases (exception being class-action suits).

    This was just legal posturing, IMO, but then, IANAL.

    --

    LedgerSMB: Open source Accounting/ERP
  58. Sad but True by Camel+Pilot · · Score: 2

    I can't even imagine the jubilation and high five's that must have happened back at MS HQ after hearing of the proposed settlement. If you fall for conspiracy theories you could easily believe that Michael Hausfled was a paid double agent. He took a page out of Apple's marketing book, fine tuned it and called it a punishment. Roger Kay, an analyst with IDC, called the settlement "a huge victory" for Microsoft. "It's amazing to me how favorable this is to Microsoft".

    Fortunately the judge saw this and put a halt it. He realized that +95% of the refurbished machines would run windows and that most school districts would choose Microsoft since they are interested in educating and it makes sense to teach the dominate prevalent technology. This would have done nothing to establishing competition in the market place, in fact, the opposite.

  59. Re:Good idea?? (Troll-like but no troll) by rlp · · Score: 2

    Gates and has wife have made very large charitable donations. In particular they've given a lot of money to pay for vacinating people in poor countries against diseases that have been all but wiped out in the developed world. It's a case where they've managed to really leverage their donations to do a whole lot of good.

    As for the class action settlement -- agreed, the judge saw it as the con that it was. However, in most class action suits, the lawyers make a ton of money and the consumer gets screwed a second time. If kids and schools could benefit from the settlement (and if Apple and other companies weren't damaged in the process), it would be a good outcome.

    --
    [Insert pithy quote here]
  60. Re:Thanks, Sheldon, you proved the point. by Malcontent · · Score: 2

    Don't kid yourself MS is playing the same kind of accounting tricks enron did.

    --

    War is necrophilia.

  61. Re:Thanks, Sheldon, you proved the point. by Malcontent · · Score: 2

    You don't have to believe me. Go do the research yourself.

    BTW. When I was in high school there were all these kids who would argue about ford vs chevy, or nike vs addidas. Somehow these poor fucks had deluded themselves that they were cool because they pledged allegience to one corporation or another. They would wear the logos all over themselves thinking perhaps that they were not as lame or ugly with them on.

    What I find astounding is that mentality is still alive and well. People like yourself have somehow convinced yourself by rooting for a corporation like MS you are cooler or better looking then you really are. Take my advice you are not. It makes you look like a dupe when you extoll the virtues of some large corporation which does not give a flying fuck about you or your feeble efforts on slashdot.

    I may be a troll but at least I am a troll for ideals not some fucking corporation.

    --

    War is necrophilia.

  62. Re:Boycott Microsoft!!! by mpe · · Score: 2

    Easier said than done. M$ has exclusive contracts with all the large OEM's that effectively FORCE all their customers to pay for a copy of Windows, whether or not they choose to install the system. They will refuse to sell you a "naked PC".

    This something which is quite simple for government (legislature or judiciary) to fix.

  63. Re:The settlement had a purpose by SCHecklerX · · Score: 2
    I'd rather see the kids get the goods.

    Thus strengthening the monopoly M$ abused, hurting consumers, businesses, progress, and stifling innovation along the way? No thanks.

  64. Re:Xbox is cheaper in Japan? WTF? by Guppy06 · · Score: 2

    Then I guess the next question is "Who is the Japanese equivalent of the FTC and how does one report these things to them?"

  65. Re:Thanks, Sheldon, you proved the point. by sheldon · · Score: 2

    Heh.

    I think maybe you need to talk to the doctor about your meds.

    I have not pledged myself to any corporation, I have only pledged myself to protecting truth. I grow so tired of juveniles such as yourself going around spreading FUD, lies and other crap.

    If you are going to make a claim, back it up with fucking facts. It's not my job to do your research.

    Troll.

  66. Re:Microsoft vs Apple - probably troll feeding... by Chris+Johnson · · Score: 2
    I have never seen such an erroneous spelling of 'Wozniak'. My my.

    You're thinking Applesoft basic for the ][+, not Woz's original Integer basic for the ][... which was open source, with all the code publically available. If I'm not mistaken the entire source in assembly was listed in the first manuals?

    If everyone was taught the 'pravda' that Gates invented BASIC and wrote the first Basic for Apple etc. ad nauseam, would it be true?

  67. Re:Thanks, Sheldon, you proved the point. by Malcontent · · Score: 2

    You are going around spreading FUD by telling lies about the JVM and the .net CLR.

    "I have not pledged myself to any corporation"

    If not then what possible pleasure do you get from lying for them on slashdot. Perhaps you are getting paid to do so but if you are not then what are your motivations?

    "I grow so tired of juveniles such as yourself going around spreading FUD, lies and other crap. "

    First of all I am not a juvenile and secondly I did not lie. This is stark contrast with your posts and of course every press release by every executive of MS. I have not read one press release, one speech, one debate or one snippet from Gates, Ballmer, Allchin etc which did not contain at least one lie. Apparently you are very comfortable about corporations lying to you and by advocating for them here on slashdot you are encouraging them to keep lying to all of us. Of course in the light of all the lies of Gates and his mafioso your claim of "I have only pledged myself to protecting truth." seems a bit silly doesn't it? If you are dedicated to the truth perhaps you can explain your lies about the java VM and object inheritance. Is it possible to write an object in python and inherit it from java in the JVM? If so why did you lie about it. Could it be becasue you were spreading FUD for a corporation?

    Corporations lie pathologically. Every advertisement is a lie, every press release is a lie. If they were forced to "tell the truth, the whole truth, and nothing but the truth" they would have to shut up.

    " It's not my job to do your research"

    yes it is. It's the job of every investor to see how MS is cooking the books to inflate their values. In the wake of Enron it's especially important to see how many entities are used to hide debts, how MS buys and sells it's own stock to pad nubmers, and how it makes shady accounting decisions about the stock options. This information is available on the web I urge you to check it out before you lose all your money.

    --

    War is necrophilia.

  68. Re:Thanks, Sheldon, you proved the point. by sheldon · · Score: 2

    "First of all I am not a juvenile and secondly I did not lie."

    When you tell the truth, I'll let you know.

    You are a sad example of what is wrong with the computing industry. Someone with barely a clue can spread lies and bullshit and find their way to gainful employment. Sadly after a few months, maybe a year, perhaps your employer will wake up and realize what an absolute fraud you are.

    Perhaps after losing your job several times you'll finally wake up and realize that this is not the industry for you.

    Personally given the skills you have demonstrated in your trolling of slashdot, I would recommend a job in Vegas. Perhaps as a dealer at a blackjack table.

  69. Re:Thanks, Sheldon, you proved the point. by Malcontent · · Score: 2

    I guess resorting to ad hominem attacks means you were not able to dispute any of my points.

    1) Do MS executives lie consistently (or pathalogically).
    2) Were you lying when you stated that the java JVM did not enable objects written in one language to be inheritable by another language.
    3) Does MS use use "entities" to hide the extent of it's debt.
    4) Does MS buy and sell it's own stock to manipulate earnings.
    5) Does MS play accounting tricks with stock options.

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    War is necrophilia.

  70. Re:Perl & Python: Embrace, extend, but not ext by evilviper · · Score: 2

    What is it with you GPLers? If Microsoft wants to embrase and extend anything, no license is going to stop them. If they want perl with their own extensions, they'll essentially reverse-engineer it.

    Windows 2000 & XP have IPSec installed. They could easially have added propritary extension onto it, but have not.

    Your argument that the GPL is stopping ANYTHING BAD is really quite baseless.

    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant