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Sun Files Suit Against Microsoft for Anti-Trust Violations

Herve writes "Sun Microsystems announced it has filed a private antitrust lawsuit against Microsoft Corporation. The suit, filed March 8, 2002 in the United States District Court in San Jose, CA., seeks remedies for the harm inflicted by Microsoft's anticompetitive behavior with respect to the Java[tm] platform and for damages resulting from Microsoft's illegal efforts to maintain and expand its monopoly power. In June 2001, the Federal Court of Appeals found Microsoft guilty of illegally abusing its monopoly power with respect to Sun and the Java platform. Sun's suit seeks to redress the competitive and economic harm caused by Microsoft's illegal acts."

227 of 649 comments (clear)

  1. ...and more by oakz · · Score: 5, Interesting

    ...the suit is also seeking access to the APIs used by Microsoft software and the IE source code.
    Would be interesting to see if there are "hidden interfaces" exposed in the Windows API.

    1. Re:...and more by Sabalon · · Score: 3, Interesting

      Hmmm...the IE source code. Isn't that just a wrapper around the HTML control? Gonna be pretty short source.

      Same problem the DoJ had - lets focus on IE without realizing that the functionality is buried much deeper.

    2. Re:...and more by dup_account · · Score: 3, Insightful

      Just because code is buried in the OS instead of the application (like it should be) doesn't mean that it isn't part of the application. I beleive that you will also find Office code buried in the OS. Does that mean that Word is part of Windows? I believe that (currently) M$ still says it isn't.

    3. Re:...and more by dustman · · Score: 4, Insightful

      Check the mozilla source code for what's required for a browser... Even after you remove things that are more than just the browser (mail, news, etc), there is still quite a bit of work on top of an HTML renderer.

      The net layer stuff for communication with servers, bookmarks, history, security, etc...

      If the 'HTML component' does all of this, then I would argue its a part of IE.

      PS: let's just consider the fact that everyone is already familiar with the 'mozilla bloat' jokes/comments and we don't need to rehash them :)

    4. Re:...and more by linzeal · · Score: 3, Insightful

      Has anyone actually compiled and md5 summed the binaries of the source code given for comparison? How does anyone know that this is the real source code if it can not be verified openly?

    5. Re:...and more by kerrbear · · Score: 5, Informative
      This is just another attempt for a loser to try and cash in. If you can't beat them at their own game, file suit.

      Did you ever consider that maybe Sun, Oracle, HP, Apple, etc. don't wish to break the law in order to compete with Microsoft? Microsoft got where they are now by breaking the law. Their insistance that we don't believe we broke the law so it did not happen not withstanding.

    6. Re:...and more by geoswan · · Score: 2, Insightful
      Yet when Microsoft beats Netscape into the ground by putting their browser to shame and making IE one of the best browsers in the world, everyone is up in arms.


      May I suggest that the shameful thing is that their browser didn't follow standards? In typical MS fashion they "extended" the standard. And they supplied HTML tools that generated non-standard pages too. Thus, with their market clout lots and lots of pages didn't work properly with browsers that did conform to standards.

      To the naive user this made it look like all the conforming browsers were broken.

      I'd call that shameful.

      Yes, I know netscape retaliated in kind.

    7. Re:...and more by Zeinfeld · · Score: 3, Interesting
      Yes, I know netscape retaliated in kind.

      Not true. Netscape started shipping non-standard extensions to HTML and HTTP in their very first browser. Netscape did not 'retaliate', it instigated the non-standard extensions fight before Microsoft shipped their first browser.

      Netscape set out from the start to become the standards setter for the Web. The current W3C rules about submitting standards were written expressly to curtail Netscape's practice of launching a product and announcing that the new proprietary extensions they included would be proposed to the W3C for 'standardization'.

      Microsoft soon realised that they did not need to play the same game. They could get what they wanted by simply bothering to show up at W3C meetings (which Netscape often failed to do).

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    8. Re:...and more by blowdart · · Score: 2

      Fucking slashcode stripped the tags, even though it was marked as text. Anyway, the examples of the first non-standard HTML? closely followed by

    9. Re:...and more by GSloop · · Score: 5, Interesting

      If I make all the roads that the world drives on, should i also be able to control the traffic - ie the cars. If you drive on MY roads, you MUST only drive one of my cars.

      See, you buy a license for GSloop roads, it's only $150/day, and the cars, gas, tires and everything else come for free.

      Not only that, I can use my monopoly power to sell Cars/Tires/Gas/Oil cheaper than you - well, actually they're free - so you'll never be able to compete, and thus, either you won't try, or you'll go out of business.

      The only way to break my monopoly is to go into Road manufacturing yourself. Except that building your own roads will require massive funds. If you complete a few roads, I'll just sell my road license cheaper where your roads are. All the people will choose to use my roads, and incidentally free cars/gas/tires etc. Since you can't make it, you go bankrupt. Future investors see this failure, and learn quickly - don't invest in the whole roads/cars/gas thing. GSloop Inc. will really screw your investment.

      That's not a fair market. Never was, never is.

      The OS is a commons. It's like telephone lines, electric lines etc. It makes the most sense to only have a few sets, rather than make everyone build theirs too. Plus the uniformity is good. That's all well and good, as long as the owner of the "Commons" manages the commons for the general good.

      As soon as GTE/US West (commons owners) start competing for outside services, they start to manage the commons for their own good, not the good of the customer. Soon the customer has no choice, and then bad things start to happen.

      The choice is clear. If you own a commons, you have an obligation to manage it for the good of all. If you want to give up your commons, you can then start to compete with others, and not be worried about the common good. BUT YOU CAN'T DO BOTH. That's just the law.

      What disgusts me, is that MS wants protections afforded by your said "capitalist society" - namely copyright protection. But they only want part of the deal, and not all. When it comes to the rules for monopoly governace, well - Screw that...that's life in a capitalist society, take it or leave it.

      MS can't choose one, but not the other. Get used to it. If you want the freedoms afforded here in our capitalist society, you also have to suffer some of the regulations that keep the system fair. Copyright/Private Ownership of Capital/Monopoly governance - They're all a package. Take one, I don't want to hear whining about the others.

      Cheers!

    10. Re:...and more by bentini · · Score: 2

      Interesting idea, but it's probably not worth it. Microsoft probably (hopefully) optimizes the source code so you couldn't compile it the same way.
      As a more major issue, that wouldn't even make you safe. If you care to learn a LOT quickly, read the speech "Reflections on Trusting Trust" by Ken Thompson delivered as his Turing Award lecture. It shows why access to the source code isn't even enough to know what it is that you're dealing with.

    11. Re:...and more by darkonc · · Score: 2
      Hmmm...the IE source code. Isn't that just a wrapper around the HTML control? Gonna be pretty short source.

      Not if it includes the source code for the Mac version... (I doubt that apple was willing to embed all that nasty code into their OS...).

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    12. Re:...and more by gorilla · · Score: 2

      Might be easier to look at the code for Galeon, as Galeon uses the Mozilla renderer, but with a different user interface. This makes it easy to see what is required for the UI portion.

    13. Re:...and more by darkonc · · Score: 2
      Part of the reason why Netscape couldn't keep up to IE could be attributed to the fact the MS 'cut off their air supply'. Lack of income from their secondary income sources would have made it difficult to fund the level of development that MS was able to fund (on top of their ability to simply force Netscape out of the market via back-room politics and even threats).

      If Microsoft had fought fairly we would have (at the very least) seen a LOT more development going into the browser space before it was sewn up. At the very least, this would have meant a better {,quality} product.

      On the other hand, it's quite possible that Microsoft would NOT have been able to work their way, legally, past Netscape. In that case, we would have probably ended up with a better quality browser and some real choice in the market place.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    14. Re:...and more by kaphka · · Score: 3, Informative
      Just because code is buried in the OS instead of the application (like it should be) doesn't mean that it isn't part of the application. I beleive that you will also find Office code buried in the OS. Does that mean that Word is part of Windows? I believe that (currently) M$ still says it isn't.
      The "real" IE is neither buried in the OS, nor part of the browser app. It's implemented as an object in the shdocvw.dll library. That is where it belongs, since many real applications besides IE use it extensively. Modularity and reusability is a CS 101 concept; if you know a reason why Microsoft "should be" doing it any differently, please let us know.
      --

      MSK

    15. Re:...and more by darkonc · · Score: 2
      One thing to consider is that some of the stuff that they did would not have been feasable if they didn't have a monopoly already. Even the money that they put into developing IE came from the massive profits that they got from their windows/office monopoly.

      It's kinda like the King of England in the 1760's saying

      "If you don't like my rules, you can start your own country. --
      Of course if you try to do that, I'll jail you for treason"
      I think that one thing that somebody should ask for is that Microsoft release and freely license the formats and protocols for anything that they bundle with Windows/Office. That way people really could have an opportunity to compete with them on a fair basis...

      If they want to produce something with secret formats, they'd have to develop and market it separately from their Windows/Office monopoly.

      My intent is that whatever MS sells as a part of their monopoly, people would have the ability to develop an alternative -- at the same time, it wouldn't restrict them from competing fairly in a new market.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    16. Re:...and more by Ooblek · · Score: 2

      MS didn't reinvent the UI with menus and toolbars in office. They subclassed the existing UI elements. Dundas actually does a good job of it. You get source with Dundas, as you do for MFC with Visual Studio. The Dundas stuff is pretty high-quality too; no hacks there.

    17. Re:...and more by zmooc · · Score: 2
      Just because code is buried in the OS instead of the application (like it should be) doesn't mean that it isn't part of the application.

      So you also think Mozilla should be copied into all browsers that are based on it instead of them just using a library that implements the functionality?

      --
      0x or or snor perron?!
    18. Re:...and more by ThatComputerGuy · · Score: 2

      You mean like secretOpenWindowButDontCrash(...

      --
      XML is like violence. If it doesn't solve the problem, use more.
    19. Re:...and more by darkonc · · Score: 2
      It's exactly not like that. While it might seem to you a small difference, it's the same difference between me offering you a shirt for $5 and me pulling out a gun and taking $5 from your wallet.

      Not too far off. According to a friend of mine, it's illegal to sell a computer without an OS license. It's also very difficult to get an OEM deal with Microsoft that doesn't penalize you (either financially or administratively) for selling a box without one of THEIR Operating Systems in it.

      The result is that (in the US) it's viciously difficult to get an Intel box from a large-volume seller that doesn't have Windows pre-loaded on it. More importantly, it's even harder to get a discount for doing that.

      (It's quite different here in Vancouver, where I routinely see adds for boxes where Windows is an add-on option.).

      The end result is that many Linux users are effectively forced to pay Microsoft for an OS that they have no intent of using. In other words, it's far closer to your over-the-top example than most people would think.

      I think that one thing that somebody should ask for is that Microsoft release and freely license the formats and protocols for anything that they bundle with Windows/Office. That way people really could have an opportunity to compete with them on a fair basis...
      "Ask for" meaning "sieze by force"? What you're talking about would level the playing field, but that doesn't make it fair. After all, if I play basketball against Michael Jordan, only I'm equipped with rocket shoes, it might level things out. But by no stretch of the imagination is it fair.

      "Ask for", as in "apply in court as part of a lawsuit (DOJ, Sun, Be, etc.).

      The current situation is more like I'm sent in to play aginst Michael Jordan on a minefield -- where he knows where all the mines are, and he has the ability to add more if I manage to find a path through them.
      then I get to deal with the fact that I'm playing against Jordan.

      Pretty fair hunh?

      What I'm asking for is that he has to flag 3/4 of his mines.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    20. Re:...and more by GSloop · · Score: 2

      Gosh, you're a dope. You completely take what I said out of context, and ignore the complete argument.

      If you manage a commons, you have certain obligations. If you don't want the power of running the commons, you're free to do as you want. If you want to manage the commons (monopoly) you must then manage for the common good.

      Dope! By the way, are you related to GWB?

      Cheers!

    21. Re:...and more by ackthpt · · Score: 3, Insightful
      We got new PCs at work about 6 mos. ago, with 512Meg RAM. I thought, wow, I should have a hard time filling that up, forgetting for a moment what OS we use at work. The funny thing is booting up and running the performance monitors and watching Windows fill that RAM up with just about everything, until it's about 50% full. Ok, so your M$ apps come up fast when you launch them, as opposed to how long it takes to load Netscape or any of the Adobe tools I use. You can tell who holds the reins on the OS, eh?

      The ugly part is when I start loading in large amounts of data, rather than empty out all that unused code, it starts paging it. Beautiful. Way to manage memory. It's fun to load about 180Meg of data into memory, when you have 512Meg and then get messages that you now have insufficient memory to open new application windows.

      --

      A feeling of having made the same mistake before: Deja Foobar
    22. Re:...and more by ackthpt · · Score: 2
      I like Microsoft's argument that without Explorer Windows would be unstable or wouldn't work.

      ...well, a few times at home and a few times at work, twice today actually, Explorer commited some act of sin and was terminated, then the BSoD faerie showed up and whacked everything with her wand. Hard to say which is unstable without what, Explorer or the OS.

      --

      A feeling of having made the same mistake before: Deja Foobar
  2. Perhaps someday... by joshjs · · Score: 2, Insightful

    ...the combined political payoffs of Microsoft's enemies will become greater than that of MS itself.

    What a nice little thought.

    1. Re:Perhaps someday... by jedidiah · · Score: 2

      Yeah, their competition was too "stupid" to lie, cheat, steal and blackmail their way to the top. Billy's secret of success was basically a willingness to do anything and say anything to get into bed with the current reigning Robber Baron.

      The rest of Microsoft's so-called success is merely a side effect of that alliance.

      The fact that the competition can remain alive despite the network effects in computing actually points to their competitors being SMARTER rather than dumber.

      If dragging your feet for 11 YEARS and not developing a proper GUI is "smart" then I would rather buy from "morons".

      --
      A Pirate and a Puritan look the same on a balance sheet.
  3. Re:Boys be Boys by the+Man+in+Black · · Score: 3, Insightful

    Given the government spearheaded antitrust suits of the past (Ma Bell springs to mind) I'd say about 5-10 years. At which point the decision, one way or the other, will no longer matter.

  4. why we're seeing these lawsuits.... by jeffy124 · · Score: 5, Insightful

    Companies like Netscape and AOL and now Sun are just now all sueing MS simply because they have lost faith in the Justice Dept to hand down stiff penalties on Microsoft, so companies harmed by Microsoft are now seeking to send down their own penalties (as in most of these lawsuits will end in MS paying off the plaintiff).

    --
    The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
    1. Re:why we're seeing these lawsuits.... by dj28 · · Score: 4, Insightful

      They're not doing it to hurt Microsoft, they are doing it to line their own pockets because Microsoft's monopoly status has been proven in court. It will be much easier for them to collect damages in this case.

    2. Re:why we're seeing these lawsuits.... by styopa · · Score: 2

      Actually, I think they are, or at least SUN is, doing this to hurt Microsoft. There is a very distinct hatred between the two companies and I think that SUN saw the ruling that Microsoft is a monopoly as a weakness to attack. SUN is going to very much enjoy poking MS in the eye. Anyway, their main goal is the opening of API's, proprietary formats, and forcing MS to include a Java plugin into IE, and force them to use a VM that is Java certified, they aren't going for money in the suit directly.

      In the end they are trying to make money, of course. I think that this is more of a, if we weaken them they can encroach on MS's desktop monopoly, either with their own products or through the use of Linux. If they can get the API's and proprietary formats released to the public that allows for two things. First, other office productivity suites can open Microsoft formats with 100% effeciency. Second, it will help out groups like Wine, which would allow programs that only run on MS Windows to be transported to non-MS platforms. Either case, MS loses and weakens it stranglehold, and SUN can use this to leverage the sale of their servers.

      --
      Disclamer - Opinion of Person
  5. Well, it's obvious by ch-chuck · · Score: 3, Funny

    that the DOJ has gotten 'orders' from higher-ups in the executive branch to "Let Msft Be free to Innovate" and get govt off the backs of big business.

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
  6. Re:Boys be Boys by Lord+Puppet · · Score: 2

    Well, I for one do not find it boring. Microsoft has gotten away with crimes for which other corporations have been crucified. MS just played the politics better, betting big on a Bush victory.

    I hope that the facts found in the government case will at least allow many other companies to successfully sue them now.

  7. Microsoft's Open Letter to Sun by telstar · · Score: 4, Informative

    Here is the text of Microsoft's stance on the issue found here.

    An Open Letter Regarding Windows XP and Java Support
    Sun Microsystems has invested a great deal of their marketing dollars and lobbying efforts in attacking our yet-to-be released Windows XP operating system, claiming that Microsoft has hurt Sun, the Java language and PC industry customers at large by not including the Microsoft virtual machine in Windows XP.

    We feel it is important to outline for our customers the facts on this matter.

    Sun Microsystems has taken every step possible to prevent Microsoft from shipping our award winning Java virtual machine. In fact, Sun resorted to litigation to stop Microsoft from shipping a high performance Java virtual machine that took optimal advantage of Windows. The settlement agreement provides for a termination of Microsoft's existing license with Sun and phase-out of the Microsoft VM, so Sun's professed surprise is mere spin. It should be noted that, since the settlement, a Federal Appeals Court has upheld Microsoft's development of a high-performance, well-integrated virtual machine for Windows as pro-competitive.

    When Microsoft and Sun settled their litigation earlier this year, Sun was quick to pronounce the settlement a great victory. Sun's CEO said, "It's pretty simple: This is a victory for our licensees and consumers. The community wants one Java technology: one brand, one process and one great platform. We've accomplished that, and this agreement further protects the authenticity and value of Sun's Java technology."1 Sun got what they said they wanted: the termination of the existing Java license with Microsoft, and an agreement that Microsoft would phase out its Java virtual machine.

    Sun now professes surprise and unhappiness, and is complaining publicly. But as industry analysts such as Bob Sutherland of Technology Business Research point out: "Sun can't have it both ways. They don't want Microsoft to have monopolistic control, but at the same time they want them to control their Java. No matter what Microsoft does, Sun is going to try to demonize them."2

    Perhaps most disturbing, Sun is being disingenuous about the impact on customers. Microsoft has taken several steps to make its Java implementation available to Windows XP customers while adhering to the settlement agreement and protecting Windows customers from any future litigation by Sun. While the Microsoft virtual machine is not on the Windows XP CD, it is still an integrated part of the product. Customers who upgrade to Windows XP from recent prior versions of Windows can easily and automatically take advantage of their existing Java virtual machine. Customers with new machines or who perform a clean installation of Windows XP will automatically be offered the choice to perform a one-time download of the virtual machine the first time they browse a Web page containing a Java applet. This download is then available for any subsequent applet a customer may encounter. Finally, Microsoft has made its virtual machine available to any PC manufacturer to ship with new Windows XP systems, to save customers even this one-time download.

    At Microsoft we are proud of the Java virtual machine we created, and the value our customers see in it. It has a long history of high quality and superior performance. It is also the only Java virtual machine that offers an integrated applet browsing experience with Internet Explorer. And it offered customers a choice - just as Windows XP will enable customers to choose and run other third-party virtual machines.

    Sun works hard to create an image of itself as a leader in openness and choice with Java. The notion that Java is "open" is simply incorrect - Sun's actions ensure this, as again clearly demonstrated when it submitted Java to an industry standards body and then reneged on the submission, not just once but twice. Contrast these actions with Microsoft, where we have submitted the underlying specifications for Microsoft .NET to ECMA and are following through on our commitment.

    Sun's idea of choice is that you can have any language you want, as long as it is Sun's version of Java under Sun's control. By contrast, Microsoft .NET supports over 20 languages from Microsoft and third parties, and Java will also be supported as a full-fledged language for the .NET platform. We believe that is a better definition of choice.

    1. Re:Microsoft's Open Letter to Sun by dup_account · · Score: 5, Insightful

      M$ has actually done a pretty good job of manipulating the whole Java thing. They new initially that IE would ide unless they included Java. But, the couldn't help themslves, and had to add proprietary M$ extensions.

      Then they jumped on the bandwagon of people trying to get Sun to release a standard for Java (and release control if it). But they weren't doing this because they felt that it would be good for consumers/customers. They wanted it standardized so that they could manipulate the statndard. Since Sun knew this, (and they don't have a monopoly) Sun had to do something to keep some control over Java so that M$ couldn't destroy it thru manipulation of the standard.

      (M$ C# doesn't have they problem, so M$ "standardized it". When will the first M$ only exstension appear? Since M$ holds a monopoly and can create a new defacto standard if anyone else comes close to competing they aren't worried. I'd love to see someone like Sun propose a change to the "standard" just to see M$ either use it's weight to block it, ignore the new standard, or what ever.

      Anyway, now M$ is trying to play all innocent and portray Sun as evil. But, in reality, M$ was successful in killing Java in the browser and are now trying to replace it with C#. Just trying to copy^h^h^h^hinnovate great technology.

    2. Re:Microsoft's Open Letter to Sun by Kamel+Jockey · · Score: 3, Interesting

      I'm still convinced that Sun's whining is not necessarily the real reason XP doesn't ship with the the JVM. The way I see it, by not including the JVM, but including support for MS-only scripting technologies, they passively discourage third parties from implementing with Java. The reason is fairly straightforward, if you are John Q. User who just bought a computer with XP Home, and you go to a site which requires Java, are you going to wait 20 minutes for the JVM to download and install? Probably not, however, if you go to an alternative site which makes heavy use of MS technologies, you can just surf right on, and will likely bypass all Java-enabled sites entirely. If your website is e-commerce in any way, would you want to use a technology which puts obstacles between you and your customers' money.

      Microsoft's warning that the page won't display correctly if the JVM is not downloaded is similar to the error messages people got when they ran Windows 3.x on top of DR-DOS. It puts FUD into the users and steers them away from non-MS technologies.

      --
      In case of fire, do not use elevator. Use water!
    3. Re:Microsoft's Open Letter to Sun by electroniceric · · Score: 3, Interesting
      While I'm in grave risk of being modded as a troll, I have to agree with Microsoft here.

      Their JVM is better than the other ones I've used, which are Kaffe and Sun's Java for Linux. I run Matlab 6, which compiled pure java. In spite of the better process protection protection et all on Linux, the Linux version spits out all kinds of java class errors, and is slow as the dickens, while on Windows 98 it runs much better (until Windows OS-rot sets in, of course). And I also have to agree that Sun is no paragon of openness, but the part about submitting .NET to ECMA is pure FUD.

  8. They waited to see what M$FT's hand was. by jaberwaki · · Score: 2, Insightful

    We all knew they were going to sue. Sun's lawyers just wanted to know what they were up against from a legal standpoint. Sun should be careful. Legal disclosure can harm both parties.

  9. The redress includes by linzeal · · Score: 2, Interesting
    Disclose and license proprietary interfaces, protocols and formats.
    Unbundle tied products like Internet Explorer, IIS and .NET framework.

    I think microsoft should be forced to release RFCs for anything proprietary that they use to extend their monopoly.

    I for one would be so so so glad to see IIS go away permanently. Has microsoft even begun a next generation "secure" implementation of IIS yet?

    1. Re:The redress includes by blowdart · · Score: 2

      Disclose and license proprietary interfaces, protocols and formats. Unbundle tied products like Internet Explorer, IIS and .NET framework.

      IE, well the HTML standards are open, they use the W3C DOM and do a better job of rendering than Netscape ever did (although Opera is still better)

      IIS, follows the W3C HTTP standards, again hardly proprietary, digest challenge response/NT challenge is covered in RFC2617, only the integrated Windows authenication is proprietary.

      .Net, follows SOAP and DISCO for object exposure, XML as a transport layer, and the C# and class libaries have been submitted to standarisation bodies. More than Sun ever did with Java.

      Finally, when did following the RFCs make anything secure? BIND followed the RFCS for DNS, SendMail for SMTP and so on. Standards do not a secure product make

    2. Re:The redress includes by Wolfier · · Score: 2

      Yeah, that'd be very effective - in fact, if MS chooses to disclose all the security holes of IIS now, the Haxx0rz will be overwhelmed with so many holes they cannot choose which one to exploit.

      Since it takes them so much time to even choose a hole to start with, the IIS servers would be very secure.

      Disclaimer: the above is only my opinion!

  10. Not all that private.. by atheos · · Score: 3, Interesting

    Stright from MSNBC,
    Sun sues for 1 billion!
    http://www.msnbc.com/news/721268.asp?0cm=c30

  11. Some more info from java.sun.com by _PimpDaddy7_ · · Score: 2, Offtopic

    Some more info...
    http://java.sun.com/lawsuit/

  12. Cringley on Microsoft by _typo · · Score: 5, Interesting

    For an opinion about this antitrust issue and Microsoft's behaviour check Cringley's column this week.

    --

    Pedro Côrte-Real.

    1. Re:Cringley on Microsoft by _typo · · Score: 2

      Agreed. Just thought more people would like a reference to it.

      --

      Pedro Côrte-Real.

    2. Re:Cringley on Microsoft by Erris · · Score: 2
      Gee, thanks PBS. I can't believe my tax dollars fund Mr. Cringley's bizare rant.

      Mr. Cringley recomends that the US government further reward Bill Gates by purchasing all of Bill's M$ stock for about $50,000,000,000. Is it my imagination, of did a PBS spokeman just compete with Hollywood exaduration in suggesting that tax payers give up one half of Doctor Evil's "one hundred billion dollars" extrotion? Wow, you would think that old Bill was sitting on top of a nuclear device at the world's core rather than a maker of second rate, insecure, invasive software. I've ranted that M$ was aiming for regulated monopoly status and is just another piece of evidence that the government might like it.

      No thanks, Mr. Cringley. I don't need M$ and I don't think it's worth the price you suggest. Microsoft deserves to be punished for it's bad business practices and lawsuits like this will do it. Software itself is something the government should stay out of.

      --
      DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
    3. Re:Cringley on Microsoft by Ami+Ganguli · · Score: 3, Interesting

      I don't think I buy into his proposed remedy, but he's right about Gates worrying less about the PC market and more about shifting his monopoly into new areas. He's changing Windows licensing to squeeze out more short-term revenue, while creating an opening for Linux in the long-term.

      But I think Cringley underestimates the power of Microsoft's new enemies. AOL/TimeWarner, Sony, and Nokia are big, smart, and on to him. And the old enemies who are still standing (IBM, Oracle, and Sun) are just waiting for a sign of weakness.

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
  13. Sounds like whining from Sun by Sabalon · · Score: 3, Insightful

    Okay...we all know that there are some beefs with MS and their way of doing things. I can even see the Sun whining about the fragmentation of Java (not that Sun isn't doing that well enough on its own - Java 2 version 1.x - yeah that makes sense.)

    But why oh why should MS have to include anything of Sun's in their OS? Okay...XP pulled out Java support. And now it really looks like Sun is complaining that the only way they can get Java everywhere is if MS is forced to include it.

    Still sounds like whining to me.

    1. Re:Sounds like whining from Sun by Derkec · · Score: 3

      No, Sun's arguement about Java in XP is that Java used to be distributed by Netscape. Netscape was illegaly killed by MS. This protected MS's monopoly against Java. In order to redress this, MS should have to carry Java. I haven't read Sun's docs, but I imagine it goes down something like that.

    2. Re:Sounds like whining from Sun by zangdesign · · Score: 2

      I agree. Sun already sued them once, forced Microsoft to stop development on their own VM, and forced them to include Sun's version of the Java VM on distributed releases.

      Now, they're suing to what? Undo the previous agreement? I thought they had already settled that issue.

      Frankly, I think Microsoft might have a case for malicious prosecution in this instance.

      --
      To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
    3. Re:Sounds like whining from Sun by Sabalon · · Score: 2

      I used to use Netscape religiously. Up til about IE 4.0. The reason I switched is because NS sucked.

      No MS standing over my shoulder or anything. A decision based on better support of the HTML standards, namely CSS - too much stuff just didn't work right in Netscape.

      Netscape killed itself by stagnating for far too long why trying to be all things to all people - e-mail, LDAP, Portal, etc... everything but a browser.

  14. 'bout freaking time by the+gnat · · Score: 2, Interesting

    Steve Case spent years whining about MS and trying to get the government to act. I've heard he's an Ayn Rand-style libertarian most of the time. It's good to see Sun actually trying to do something about the problem instead of pushing the DoJ to watch its back. I think parts of the federal antitrust suit were legitimate, but this type of thing may be better worked out between the companies themselves.

    1. Re:'bout freaking time by the+gnat · · Score: 2

      Steve Case is AOL, not Sun.

      Oh, duh. Thanks. I meant Scott McNealy, who's nothing like Steve Case. Oops.

  15. And in other news... by slow_flight · · Score: 2, Funny

    pot calls kettle black.

    --

    Karma: Professionally Doomed (mostly affected by inability to keep opinions to self)
  16. Re:Redundantly redundant by cybermage · · Score: 2

    Atleast you know that they didn't make the story up. Noting the source is always a Good Thing (tm).

  17. Treble damages... by GSloop · · Score: 4, Interesting

    For all those of you just tuning in...

    If Sun wins the suit, they stand to get treble damages, because MS has already been found guilty of abusing a monopoly.

    Frankly, it's this type of stuff that's really going to put a serious drag on MS.

    I do wish the JD and GWB would actually DO somthing about MS, but it appears that they won't. Hopefully the states will be able to continue. The reason I want this, is it seems, well unseemly, that Sun et. al. use this forum to get MS. Sure, MS deserves it, but it's not like Sun wouldn't be doing the same thing, should they be in MS's position.

    It just seems better for the Gvmt to strike MS, and split the company. They should also levy massive fines, as the value of competing companies could have been very large - but instead they're bankrupt or playing the small time. (Think of DR-Dos, OS/2, Netscape, WordPerfect, Novell etc.)

    Why do I think splitting the co is the right action? Well, that way the Gvmt doesn't have to be invloved in the day-to-day activites of the company. The problem now, is that what benefits MS's is often not what benefits the customers. It's better for MS to keep the client locked to Windows, and locked to Office, as well as all the other "tightly-integrated" MS apps - think tightly-insecure!

    If the Office group were a separate company, then they wouldn't care who used office. Any copy sold was a buck in their pocket. So, port it anywhere it could sell decently. But right now, it's to their benefit (high stock-price, better profit sharing etc) to help sell Windows the OS. More Windows, more bucks. Don't sell office on other platforms that threaten Windows, because it cuts into your pay.

    By breaking the company into smaller function specific pieces, we can align the best interest of the company with those of the consumer. Ala - a MARKET based solution - stemming from necessasary Gvmt intervention. That's the way it should be.

    But, if our good old DOJ can't do it's job properly, I guess we'll just have to settle for a box or rats all biting each other to cut MS back to size. It's sure not pretty, but it'll probably help. I guess the guilty verdict is the the good thing to come out of this so far...

    Cheers!

    1. Re:Treble damages... by Xannor · · Score: 3, Insightful

      I used to think that splitting them would be as a good idea as well, but unless there was some deal between the two( or three) new miniMS's to allow the "free" sharing of code the whole business, OS/Apps/everythign would collapse. And since MAC is the only other viable destop solution for the masses, the PC market would actually collapse shorty there after. (Sure niches like linux woulse exist and the old software and hardware would be there but nothing new would happen for years.)

      I think forcing microsoft to release all current source code prior to win2k (including prior NT) to public, and requireing thm to fully document any new API's and file formats as public RFCs for a few years is a better idea.

      1) forcing the release of "old" code would not hurt XP as much since it would be a year before any "emulator" would be ready. Plus since MS touts Win2K and XP as rewrites there should be no complaints.

      2) forcing the release of APIs and file formats would allow current alternative OS's to keep up software compatability until the industry stabilizes.

      Course these are just my though, and I have a 512bit random number generator installed in my head.

      --
      I sig therefore I am...
    2. Re:Treble damages... by GSloop · · Score: 2

      Why do they need code sharing?

      It's not like the code for Office is really useful in the OS group - is it?!

      If you mean information sharing, that's exactly the problem. They should have to share information between their groups (OS/Applications) the same as outside competitors.

      Frankly, the PC OS/Apps market might just explode too. If you're in investor, why would you invest in the PC Apps space that MS might find interesting sometime soon. If they do, you might get bought, or MS might just decimate you. As an investor, that should make you nervous.

      If MS wasn't such a massive gorilla, then there probably would be lots more innovation and investment in the PC OS and Applications space. I think that this could be a huge boon, both for innovation and for choice.

      Perhaps you could explain yourself a bit better. I'm afraid that I'm misunderstanding you.

      Cheers!

    3. Re:Treble damages... by Chagrin · · Score: 2

      That's like asking why it would be wrong for Microsoft to stop distributing Internet Explorer. They give it away for free, so how would they suffer any economic damage?

      --

      I/O Error G-17: Aborting Installation

    4. Re:Treble damages... by Jobe_br · · Score: 3, Insightful

      Sun sells a good many enterprise infrastructure related applications and services that are centered around the Java technology. I can imagine that they will explain to the courts that MS used its monopoly status and anti-competitive behavior to marginalize the value of these Java based services, development tools and enterprise components. There are some pretty hefty enterprise systems out there based on Java that come with an equally hefty price tag. If MS used its monopoly status to get more corporations to use a purely MS based solution (ASP, IIS, MS SQL, etc.) then Sun could argue extensive damages from lost business. This could extend into a variety of arenas including hardware, since Sun's custom enterprise solutions would certainly include their servers running Solaris. Once you get into the enterprise arena, if Sun can show that because of MS, it lost significantly large contracts (millions of $$, easily) and extrapolate from there, they could be looking at significant damages, if the court decides to award them.

      Never mind the various factors that would be affected by the J++ fiasco.

    5. Re:Treble damages... by Jobe_br · · Score: 3, Insightful

      Not to mention that having the Mac become a dominant player in the market would not be a bad thing by any stretch of the imagination. OS X appears to be quite secure, it even has much of Free/NetBSDs firewalling code in it, though apparently a GUI to configure it isn't available yet (look for it shortly, I imagine). It has an OSS base, its not Linux, but that's OK, too. Unless you're a hard core kernel junky, there's really nothing all too different between the open source BSDs and Linux (ignoring the license differences which again should only affect kernel junkies).

      OS X is an amazingly feature-rich system to use, Apple's push to make their desktop systems the center of 'your digital world' isn't JUST marketing hype - I've been using iTunes and iPhoto pretty extensively and I must say, neither app is lacking in anything that I've needed yet. My Rio500 hooks up perfectly with iTunes and my Olympus C-2100 UltraZoom hooks up perfectly with iPhoto. My efforts with Linux+gphoto were less than successful, I'm afraid, never mind the not-so-nice interfaces built for gphoto.

      Now, don't go flaming me right away. I love Linux - I have 4 PCs running some variant of Linux including my laptop which has been running Linux + VMware for the past 3 years. I just think as a desktop OS, OS X is very, very nice. Its stable (I've experienced exactly one kernel panic which I haven't been able to reproduce) and it has some kick-ass apps written for it already with more on the way.

      With Office v.X out for OS X, why couldn't the consumer live w/o Windows? I prefer quicktime to windows media player, OS X plays nicer on heterogeneous corporate networks than Windows does and not to put too fine a point on it, OS X is a whole lot easier to learn and a good bit more difficult to screw up than Windows has ever been. System files are protected so without consciously entering a system level authorization, you can't muck anything up too bad. For Windows gluttons who love all the shareware they can grab from C|Net, there's just as much written for OS 9/X that you can download from the 'Mac' category. The quality is just as dubious, so you should feel right at home :). For Linux zealots who can't or don't WANT to leave KDE/GNOME/Windowmaker/Enlightenment/etc. - don't fret. It runs fine in OS X. When I first installed it, I got the latest beta for E to run without any hitches, no sweat. There are even window managers that integrate your X apps seamlessly with OS X apps - sweet!

      I would truly like to see more Open Source folks jump on the OS X bandwagon. This is a great OS - don't abandon Linux by any means, but don't diss OS X - support Apple as you would support RedHat. They've got a great thing going here, I really believe that.

    6. Re:Treble damages... by cybermage · · Score: 2

      treble == triple in this case, I assume, as damages sung at a high-pitch would make the court seem somewhat silly.

    7. Re:Treble damages... by GSloop · · Score: 2

      Gosh, I DID use alot of funky terms huh?

      Thanks, I really like your dictionary - have you thought about doing it for profit?

      [Grin]

      I do have a modification.

      GWB - (1) George W. Bush, (2) George W. Bush Jr, (3) See President of the USA

      (4) See - Clueless Dolt

      Cheers!

    8. Re:Treble damages... by Kiwi · · Score: 2
      Not to mention that having the Mac become a dominant player in the market would not be a bad thing by any stretch of the imagination.

      Actually, if the Mac won in the 1980s, instead of the PC, we would be a lot worse off today. PC hardware was an open specification; the equivalent Macintoshes cost a lot more money. I don't find the idea of $10,000 desktop computers very appealing; a possible reality today if the Mac had won.

      In addition, Linux support for the Macintosh came much later than Linux support for the PC, mainly because the low-level hardware specifications for the Macs were a well guarded secret for a long time. I do not think it is too much of a stretch that Linux would not have happened if the Macintosh had won.

      Microsoft is an important step in the right direction compared to how things could have been. The hardware specifications are open; it is only the software that is closed and proprietary.

      Linux, of course, is the next step: Keep both the hardware and the operating system open. I really wish the technology which became the open software standard was a little more cutting edge than 30-year-old UNIX; but it is far better than not having any open software standard at all.

      - Sam - Sam

      --

      The secret to enjoying Slashdot is to realize that it should not be taken too seriously.

    9. Re:Treble damages... by erasmus_ · · Score: 2

      I think forcing microsoft to release all current source code prior to win2k (including prior NT) to public, and requireing thm to fully document any new API's and file formats as public RFCs for a few years is a better idea.

      Yes, I think every popular company should be forced to release for free code they spent millions of dollars writing, and that millions of servers are still running. Not like they didn't use any of that code in XP, so what do they still need it for, right? Hmm, perhaps Sun could lead the way by giving away the source to all their old stuff? Please let me know where I can download this.

      Hmm, but how about the fact that this open up an incredible amount of exploits, because it would reveal how NT handles security, user authentication, database replication, and everything else? I sure want my NT servers to replicate to a hacked BDC because of your suggestion. I also want remote users to get get admin rights on my box because they can now do remote registry connects doing undocumented API calls that are hidden for a reason. Or perhaps we shouldn't force open-source solutions on a company that has every right to be closed-source?

      --
      Please subscribe to see the more insightful version of th
    10. Re:Treble damages... by blakestah · · Score: 2

      It just seems better for the Gvmt to strike MS, and split the company.

      There is no precedent for this, b/c no other company has ever been split in antitrust action except companies that merged (duPont and ICI and Hercules in chemical engineering, Ma Bell and Baby Bells, etc).

      The appropriate action has to be close to the found infractions. The state's proposal comes closest, and you can tell by all the yelling and screaming coming from Redmond. Basically,
      1) Force M$ to offer a stripped down pro-rated Windows, where the pro-rating relates to functionality lost
      2) Force M$ to open all APIs used for middleware
      3) Force M$ into flat rates for selling OEM licenses (bulk discounts are OK)

      This basically strips M$ of any and all leverage wrt middleware on its platform, and this is the appropriate legal action. Splitting the company is only even in consideration if the monopoly abuse were used to protect the monopoly itself - it cannot be considered legally for leveraging the monopoly into new markets. For that infraction, chopping off the leverage is the appropriate response.

    11. Re:Treble damages... by GSloop · · Score: 2

      The bells never merged. There was AT&T and that was it.

      The "baby bells" came from the breakup of AT&T.

      Standard Oil didn't merge with anyone. They bought or crushed all their competitors.

      How about documenting the first statement?

      Cheers!

    12. Re:Treble damages... by HiThere · · Score: 2

      Splitting MS is the right answer. But not just in two. Split them into some large number of companies no one of which is any larger than Apple Computer. And give ALL of the pieces full rights to ALL of the intellectual property of the original corp. (Including the right to sell or release it.)

      That would do some good. This splitting it into two or three parts is just turning the monopoly into a quite small oligopoly. That isn't much better than the original company, and can easily be much worse.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    13. Re:Treble damages... by blakestah · · Score: 2

      The bells never merged. There was AT&T and that was it.

      Check this link

      Standard Oil didn't merge with anyone. They bought or crushed all their competitors.

      Right. They bought their competitors, or merged with them in the business sense. Check this link

      Happy now ?

    14. Re:Treble damages... by GSloop · · Score: 2

      So, Microsoft didn't buy anyone?

      How about the Access DB. How about SQL server. That was a software cross license from Sybase.

      I could go on and on.

      Standard Oil didn't merge. They bought out much smaller companies that had no choice but to fold or sell.

      How's that different than MS?

      Cheers!

    15. Re:Treble damages... by GSloop · · Score: 2

      Generally I don't respond to AC's,

      You have a chicken and egg. Windows has the apps, so it gets the market share.

      If there were more apps, Platform would get more users.

      Hmmm...If Office were available for Platform X, there would be lots more people willing to consider the platform.

      Thus, simply offering Office, for example, on Linux would all of a sudden make Linux for the desktop a real option. Suddenly, Linux for the desktop might get more serious attention, even from the MS Office group (i.e. They might do some development, just to jumpstart a new platform). Hey, if Linux (which is free) all of a sudden took off, there probably would be more profit for the Office group. (Total system costs are now $100 less than before, give $80 back, and you made an extra $20 - Plus it's cheaper too!)

      The basic reason that most apps are windows only is because of chicken and egg. Also, I'd bet that if you develop for both platforms, MS isn't going to make life easy for you, esp if you're large enough to show on the radar screen. No advance SDK's etc.

      Cheers!

    16. Re:Treble damages... by blakestah · · Score: 2

      So, Microsoft didn't buy anyone?

      That wasnt' the point. The antitrust abuses in Standard Oil and AT&T cases had to do with collusion at different levels of companies that used to be separate, but had merged.

      But the point goes further. It is not mandated to break up a monopoly unless the antitrust abuse is used to maintain the monopoly. Instead, this case demonstrated the monopoly being used to leverage new markets. Therefore, the remedy should address the issue of Microsoft being able to leverage middleware, and the OS monopoly should not, and will not, be addressed.

      As such, a legally appropriate and suitable remedy would be forcing the componentization of all Microsoft middleware, and forcing Microsoft to sell its OS and middleware separately. You can buy them together (at OEM level too), but it will cost more than just buying the stripped down version. Pay more for email, more for IE, more for the Media Player. There is no penalty from Microsoft for buying a packaged version with Eudora and Realplayer and Quicktime and Mozilla instead. This is the essence of the alternative states' proposal. It would free up the middleware market if it were enforced.

    17. Re:Treble damages... by Jobe_br · · Score: 2

      I'm not discussing what would have been had different things happened in the '80s. I'm talking about now and how things maybe should happen from here on out. Most importantly, I'm not addressing hardware as much as I'm addressing software. What's in the past is finished, the future has yet to be written.

    18. Re:Treble damages... by Jobe_br · · Score: 2

      As an AC post, I should really not even bother responding, but for the benefit of the community, I will. I am far from an Apple sales rep, by any stretch of the imagination. Until about 2 yrs ago, when I started my own company, I pretty much dispised Macs. They had their place, sure, but give me my PC+Linux any day. It so happened that the company I co-founded was a design agency, so Macs soon became the norm and I accepted that. Then OS X came out and I began to love the Mac.

      Now, to your points: (1) explorer; the OS X NeXTStep-style explorer is far more productive than Windows' explorer. You're just more used to one, that's all.

      As for (2) mandatory use of the mouse - bullshit. The Mac has key combos for damn near everything, maybe you're talking a few years ago - I know I can switch between apps with command-tab, same as alt-tab on windows. I dare say the Mac probably even has MORE keyboard shortcuts by virtue of having three accelerator keys (ctrl/option/command), Windows only has two, to my knowledge (ctrl/alt).

      (3) The 'other mouse button' has been supported for quite some time in MacOS - no support for the middle button, but Windows doesn't have that either - it seems to be a purely UNIX thing. In the Finder, right-click does the same as ctrl-left-click would do, pop up a context menu. OS X makes significant use of context menus so having a two button mouse (mine also scrolls) is very useful.

      (4) Native scroll support - how 'bout, built-into carbon? OS 9 leaves much to be desired, depending primarily on custom drivers, but I can scroll just fine in almost all of my OS X carbonized apps, no problem.

      And as for interface issues - I'll say this: Apple's interface designers are far and away better than Microsoft's *programmers*. Ever since its initial incarnation, Windows has smacked of no actual design talent being used in the interface and user experience design. Windows hasn't won users because its 'easy to use', 'intuitive to navigate' or anything of that nature. Why do you think companies are making millions selling 'video professor' courses on CD for how to use Windows 98, Microsoft Office, etc. - for the vast majority of people out there who don't find that Microsoft has succeeded in triumphing over 'interface issues'.

      OS X beats any incarnation of Windows any day of the week and twice on Thursdays and as for Linux - not to start a flame war, but OS X's front-end is quite a bit more developed than KDE or GNOME is (yet). I'm not saying there isn't potential - I use both KDE AND GNOME on my Linux PCs, but OS X is certainly more refined and polished.

      And what slow performance of applications under OS X might you be referring to? If you're talking about Classic - it runs with near native speeds, quite a feat, in my opinion. And Windows is anything but backwards compatible. Granted, some old PC apps still run in XP, but every upgrade of Windows breaks a ton of applications - ask any company that writes Windows applications. Hell, even many of Microsofts own applications don't run in more recent version of Windows!

      I'll stop now, but its this kind of crap being toted around by morons thats just as bad as the FUD spread by Microsoft to its weenies.

    19. Re:Treble damages... by Jobe_br · · Score: 2

      My point was simply that much of Sun's business model depends on Java. Be it via licensing, services, applications - whatever. The point was not if the quality of their applications was good. That's a personal preference and seeing as that I don't have much experience with their enterprise sweet of apps, I can't really say. You're more than entitled to your own opinion, though.

    20. Re:Treble damages... by Jobe_br · · Score: 2

      You're talking about being able to 'Alt' and then using the arrow keys to navigate around the menus, right? If that's it, I don't believe that that type of functionality is available. At least, not to my knowledge. That, however, is an interface design decision, and to my knowledge, only KDE supports that in Linux, next to Windows (probably because KDE likes to mimic the Windows UI whenever possible). My Ximian GNOME installation does not appear to have that functionality.

    21. Re:Treble damages... by GSloop · · Score: 2

      How about Office?

      MS Bundled it with the OS, and went from like 60% market share to 95+%.

      Then, notice, that MS no longer bundles Office with the OS... In fact, the cost of Office has gone up dramatically. It's cost is way above that of any of it's competitors. Like as much as 100% higher.

      I don't think we're really talking about anything else. You and I may agree. I think the only way in which you'll actually acomplish a OS that isn't tied (financially/technically/otherwise) to some other app (Office/WMP/Java/Etc) is to hack them in half. It's clear that their respect of the law hasn't kept them from unlawful behavior in the past, and it's foolish to believe that they will all of a sudden start...

      I fundamentally disagree with your assesment of the structure of AT&T and Standard Oil, but what I think we agree on, is this. - MS shouldn't be able to use the Monopoly of the OS to leverage into new areas. Where they have used this power, they should be punitivly punished.

      Also, keeping middleware, is, in at least this case, an effort to maintain the monopoly. Java, clearly was seen as eventually replacing the OS. From MS's perspective, it wasn't middleware. It was middleware that could grow to replace the OS. or at least make the OS a commodity - it could be Windows or Mac or Unix or Linux etc.

      How about exclusive licenses - for every system you sell, you must license Windows. You can't just choose to license it when the customer requests it. There are more examples too...

      Anyhow, I think you're missing the boat to believe that the case only shows cases where MS used it's monopoly to extend into other markets. The evidence, and I believe the findings show both abuses.

      Cheers!

  18. Why I stopped using IE by nesneros · · Score: 2, Interesting

    Microsoft pissed me off royally a while ago, in what I'm sure they would have called a "feature" but was probably, in reality, a way to counter Java somehow (even though this relates to JavaScript), or Netscape, or somebody. All it ended up doing for me was causing me unnecessary work.

    Several years ago I was responsible for creating the website for my Dad's company. Just a small business thing, a source for information on their products, manuals, etc. After a while we started thinking that it would be great to have something that could help his customers choose which model best met their needs (a procedure my dad would spend 15 minutes on the phone to do), so I coded up what I considered a very nice little JavaScript program to do that. Worked great and without problems for about 2 years or so until the "latest and greatest" version of IE came out which "just happened" to have changed some of the JS commands around, and the program no longer worked for IE users. The day I discovered that probleam was the day I downloaded IEradicator and I haven't missed it since. And, coincidently, my dad sold his business and I didn't have to be bothered by that problem anymore.

    --
    Some men spend their entire lives trying to kill themselves for having been born. --Ross MacDonald
    1. Re:Why I stopped using IE by donutello · · Score: 2

      How does this crap get modded up?

      All languages, as they evolve have certain functions and classes deprecated over time. Go look at the history of Java - there are tons of deprecated classes and interfaces.

      RTFM, idiot.

      --
      Mmmm.. Donuts
  19. Reason: Sun is losing market share and money. by Anonymous Coward · · Score: 2, Insightful

    At yesterday's conference call, Sun admitted that its sales are falling below expected "linearity". In other words, Sun is having trouble in exceeding last quarter's revenue.

    Sun is losing market share. Read " IBM claims win in bruising server battle" As Sun's finances continue to sink, Sun will increasingly pursue lawsuits to boost its finances.

    As another sign of desperation, Sun recently announced that it, too, will sell Intel-based servers running Linux. To understand the level of desperation, we note that Sun has been touting itself as the SPARC-only shop for the last 15 years. Sun claimed that it would never resort to selling Intel-based servers.

  20. Not entirely true by jordan_a · · Score: 5, Interesting
    The press releases says:
    Disclose and license proprietary interfaces, protocols and formats.
    This doesn't include the actually source code for IE. It might include the .DOC format though, now that could be intresting
    1. Re:Not entirely true by reddogcandy · · Score: 2, Informative

      Microsoft publicly released the specification for the .DOC format a long time ago, beginning with Word 6.0 (the last 16-bit version) and updating it through Word 97. Microsoft didn't update it for the minor extensions in Word 2000 and 2002, and the old versions have since been pulled off the MSDN web site, but several sites still have it, such as http://www.btinternet.com/~shaheedhaque/generator_ wword8.htm. The authors of competing word processors have had this information for many years, but having the spec and being able to implement full rendering, editing, and output are two different things. It's a lot like when Netscape first released its source code. A lot of people who thought they would be making non-trivial modifications and churning out their own browsers within weeks or even months were stunned at the complexity and volume of code in a mature product.

  21. Proprietary against proprietary... yawn! by ondelette · · Score: 3, Interesting

    You can't really take sides. For several reasons:

    On the one side:
    1) MS has offered a decent VM from the start.
    2) MS tried to screw people in adding uncompatible java calls (non-JNI) without labelling them properly. They were trying to break Java.

    On the other side:
    1) Sun VMs have taken a long time to match MS VMs in perfs.
    3) Sun hasn't done much good in client-side support. Java applications are memory-hungry and just slow. Chances are that MS would have done better.

    Hence, yes, Java has failed under Windows as a client application framework. Sun is to blame for that.

    Microsoft did play hardball, but this was settled a long time ago.

    Sun can't blame MS for Java's failures. Client-side Java failed under Linux too! Mozilla doesn't install Java by default!

    This would be a lot more interesting if Java had been an open technology, not something controlled by Sun.

    1. Re:Proprietary against proprietary... yawn! by Anonymous Coward · · Score: 2, Insightful

      I just hope this whole issue shines a bright light on yet another reason why open source is superior to closed source. There is a hell of a lot less litigation in the open source world. Hell, the most we can come up with is two companies taking the same database and claiming ownership.... pfft.

    2. Re:Proprietary against proprietary... yawn! by Boomer2 · · Score: 4, Insightful
      Sun VMs have taken a long time to match MS VMs in perfs.


      It's amazing that Sun's (or any other non-M$) VM could approach the M$ VM perf considering the proprietary hooks and low-level tricks M$ used to get that kind of performance.

      That's the basic sin of M$ that hurts the consumer: They ensure their monopoly of apps because they don't disclose the available APIs to get the best performance. They save those goodies only for themselves, then point fingers at how slow the other guy's app runs. NO KIDDING!! If I was able to pre-load all of my piece-of-junk apps so they open quickly then use tricks no one else can access to speed them up, I'd be doing well, too! No wonder that non-M$ apps stay slow...they only get the leftovers of the resources M$ apps hog!
    3. Re:Proprietary against proprietary... yawn! by mcc · · Score: 2, Informative

      just think of it this way: java was (is) a first-generation technology. of course it's been a disappointment.

      if it appears microsoft's attempt to duplicate java is better, it's just because microsoft has been able to look at java and learn from what mistakes sun made.

      sun was not able to learn from their mistakes when they were developing java because no one had ever made those mistakes before. sun cannot learn from their mistakes, go thorugh and fix their problems now becuase they do not have the resources. microsoft at this point has nearly all the resources-- people, cash, mindshare-- in the entire industry.

      if sun had the kind of level of ability to develop things quickly and ability to psuh people into upgrading their products on a frequent basis that microsoft does -- things that are products of microsoft's monopoly power, not products of the worthiness of the intellectual holdings or products of either microsoft or sun -- i think it'ws safe to say that java would be something you could really call a success, as opposed to "oh, well it's a neat little platform for servlets, has some minor but omnipresent and hellishly obnoxious issues when you try to use it for anything else though".

      i agree totally on the bit that this would be better if java had been an open-from-the-start technology; hell , i think all they need is the willingness and ability to *change* java *NOW* in serious ways. i'm hoping Parrot produces something interesting. it would be neat to have a public vm that actually lets your code cross languages elegantly, as opposed to java's "well, you have the specs to the vm, write a compiler for whatever language you like, you'll have to figure out how to bridge object systems yourself though" or .NETs "it bridges between any language automatically! but you can only use languages that have been modified until they are just c# with syntactic sugar!". (is 'isomorphic' an insult?)

      i suspect no real progress will take place in the way of the public usage of portable bytecode systems and standard object frameworks until both java and .NET lie in ruins. or until java is willing to face the issues with java at a deep-rooted level and do some serious rethinking and serious rewriting. or until the java standards board takes java away from sun and runs with it.

      i look at it this way, though: sun has done a hell of a lot with java with not a lot of resources. everyone who's used java in any capacity has probably been annoyed a decent amount for its shortcomings, but its shortcomings usually come down to "it isn't everything". maybe it was foolish for java to *try* to be everything, but i'll say this: they got a lot closer to being everything a lot faster than any other computing platform i'm aware of. i for one am impressed. i just wish it was better.

      i dunno. all i want is a cross-platform object system that looks like nextstep that actually *works* crossplatformly, and a garbage collector.

    4. Re:Proprietary against proprietary... yawn! by zzyzx · · Score: 2

      This accusation gets hurled a lot, but I've never actually seen evidence for it. Is there a website or something that details this? I actually worked on the Office team for a while (just a contractor... and I was laid off in that screw the contractors round of firing so no love lost between us) and there was no evidence that the Office and Windows teams got along much better than Office and (say) Marketing. Maybe it changed by the time that I arrived, but it wasn't happening when I was there. What's the proof please?

    5. Re:Proprietary against proprietary... yawn! by SashaM · · Score: 2, Informative

      MS has offered a decent VM from the start.

      That is true, Microsoft VM is a very stable (unlike Netscape or Kaffe) Java 1.1 JVM. Another advantage is that it comes with windows - no need for the user to go and install it himself. Could this be considered yet another "bundling with the OS" problem? Would OEM's preinstall Sun's VM if Microsoft didn't provide one?


      MS tried to screw people in adding uncompatible java calls (non-JNI) without labelling them properly. They were trying to break Java.

      They were trying to break Java, but adding your own libraries is perfectly ok (Sun VMs come with their libraries, which you can use if you want, but of course you lose portability). The problem was that they added nonstandard methods to the standard Java libraries and fooled J++ developers into using them. This made their programs run only on windows.


      Another "bad" thing they did was not support RMI or JNI in their JVM and claiming it was completely 1.1 compatible (compatibility with 1.1 requires both RMI and JNI to be implemented). This is what Sun sued them for.


      Sun VMs have taken a long time to match MS VMs in perfs.

      That is not true. Sun's 1.1 JVM has similar performance to Microsoft VM. The problem was that the 1.2 JVM was much slower on the client side because of Java2D, which significantly slowed rendering. In fact, even the latest (both Sun's and others') VMs are still slower on rendering than the 1.1 JVMs.


      Sun hasn't done much good in client-side support. Java applications are memory-hungry and just slow.

      Java is somewhat memory hungry, but fast enough for practically any client side application. What is true (and unfortunate) is that Java makes it all too easy to write slow code. If you know what you're doing, you can make Java code only marginally slower than equivalent C/C++ code. And since you only need "fast enough for the user not to notice" code on the client side (unlike "as fast as possible" on the server), Java is actually a very good platform for client side apps.

      See a clean, fast Java client for chessclub.com I wrote at http://www.hightemplar.com/jin/. Ironically, I use Microsoft VM by default on windows :-)


      Chances are that MS would have done better.

      Given Microsoft's record in developing good languages, I find that statement amusing at the very least.

    6. Re:Proprietary against proprietary... yawn! by daeley · · Score: 2

      Might have something to do with the open source world not having any money, either, but that's just MHO. ;)

      --
      I watched C-beams glitter in the dark near the Tannhauser gate.
    7. Re:Proprietary against proprietary... yawn! by SashaM · · Score: 3, Insightful

      It's amazing that Sun's (or any other non-M$) VM could approach the M$ VM perf considering the proprietary hooks and low-level tricks M$ used to get that kind of performance.

      Let's ignore for a moment the fact that Sun's 1.1 JVM had comparable performance with Microsoft's - how do you explain then that the JVMs Sun makes for Linux (open source, no hidden hooks or APIs) and Solaris (their own platform) aren't any faster? How do you explain the fact that IBM has consistently released JVMs that run faster than Sun's? How do you explain bugs like Integer division and modulo operations are 10 times slower on Hotspot?

    8. Re:Proprietary against proprietary... yawn! by (void*) · · Score: 2
      Since MS locks up their code, you can never have your said proof. And so, this comment must live on as it is - a damaging remark that cannot be answered.


      Open Source companies will never have to suffer such indignities.

    9. Re:Proprietary against proprietary... yawn! by spectecjr · · Score: 5, Insightful

      It's amazing that Sun's (or any other non-M$) VM could approach the M$ VM perf considering the proprietary hooks and low-level tricks M$ used to get that kind of performance.

      You know what most of those proprietary hooks and low-level tricks are?

      Not using fopen and malloc to handle all of your memory management and file i/o.

      That's it. End of story.

      Use VirtualAlloc for memory management, and you'll get better perf.
      Use CreateFile with overlapped I/O or completion ports, and you'll get better perf.

      Basically, Sun writes their code to be ported, and MS writes it directly to their platform. Portable code = sucky performance. Live with it -- don't blame Microsoft because Sun don't tune their code.

      Simon

      --
      Coming soon - pyrogyra
    10. Re:Proprietary against proprietary... yawn! by spectecjr · · Score: 2

      Yeah, use C++ new/delete not crappy malloc via 12 levels of apis

      New and delete are most likely implemented in the same way as malloc and free in most systems; they'll both make the same calls under the hood. Using VirtualAlloc (or heck, even deserialized local heaps) WILL make a difference. Particularly for generational garbage collection because you can reuse the same slots over and over again, and optimize for that case.

      fopen/fread doesnt matter if your not doing many fopens, and if all your freads read in 256Kb blocks

      256Kb blocks are wasteful. Optimal size is a function of the paging architecture of the system. Make sure your reads are to page-aligned memory, and things will be much faster. This is, for example, one reason why memory mapped files are about 20 times faster than normal file IO on Windows.

      It's all back to writing code to the OS, or writing portable code -- one is good for perf, the other is good for portability. And like most optimizations, you can get a lot by just profiling and optimizing on a case by case basis.

      Simon

      --
      Coming soon - pyrogyra
  22. Re:Boys be Boys by subgeek · · Score: 2

    i agree this is going on too long. i agree that closure would be welcome.

    but i don't think that the fact that Microsoft has been in court a long time make this subject cease to be important. i do think this is a hope that Microsoft has. The consumers will stop caring or forget that they've been screwed and spend even more money with Microsoft.

    This isn't an isolated case; this is part of the way people think (it seems, especially here in America). People are so bombarded with information and so used to quick gratification that when something important takes a while, they just stop caring.

    i'm not trying to say cases involving Microsoft should take their sweet time. i am saying it is important that people keep caring what happens. When people don't care if they get screwed, more bad things will certainly happen.

    maybe you didn't mean to be a troll, but you did snag me. so it was successful.

    --
    you probably shouldn't have read this.
  23. It's called citing your sources by yerricde · · Score: 2, Insightful

    but linking to a page when the entire contents are in the article seems a little goofy.

    It's called citing your sources. Otherwise, not only do you have zero credibility, but you're also plagiarizing the original article. (Plagiarism and copyright infringement are considered separate offences.)

    --
    Will I retire or break 10K?
  24. I hope it works by swagr · · Score: 2
    In its suit, Sun is seeking preliminary injunctions requiring Microsoft to:

    • Distribute Sun's current binary implementation of the Java plug-in as part of Windows XP and Internet Explorer;
    • Stop distribution of Microsoft's Java Virtual Machine through separate downloads.



    Wow. It would be nice, but is there any way it could actually happen? We are talking Microsoft.
    --

    -... --- .-. . -.. ..--..
  25. so to summarize... by AdamBa · · Score: 2, Funny
    First Sun sued to require Microsoft to remove Java from Windows, now they are suing to require Microsoft to put it back in?

    Hmmf. The AOL lawsuit is going to result in Microsoft putting Netscape's management on trial to show that they caused Navigator to tank...and this trial is going to result in Microsoft putting Sun's management on trial to show that they caused Java to go astray.

    Forget the XFL...NBC should sell tickets to the software industry.

    - adam

    1. Re:so to summarize... by Tuzanor · · Score: 3

      Sun sued Microsoft to remove the Windows only extentions from thier Virtual Machine (hence breaking the Java API. Its in the Java license that you can't do that). Microsoft just decided "to hell with you" and removed the whole Virtual machine. It was the same story with Microsoft J++.

    2. Re:so to summarize... by blowdart · · Score: 2
      Sun sued MS because they attempted to change the Java Virtual Machine so that it would only work with code produced by MS J++.

      No they didn't. Sun sued because MS added class libaries to hook into low level windows functions, and named the classes so they looked like part of the standard ones. J++ code could be written to run on any JVM, quite easily, by just avoiding using the MFC like interface library and the windows extensions.

  26. Innappropriate Demands by slugfro · · Score: 2, Interesting
    It looks like Sun has a good mindset in that they have seen little change in Microsoft's tactics:
    "While this suit is based on the past actions of Microsoft, Sun also believes that Microsoft's continuing practices in the marketplace represent a threat to lawful competition and the millions of developers who depend on the existence of an open software industry. This behavior manifests Microsoft's goal to use its monopoly position to turn the Internet into its proprietary platform. What is at stake here is the future of an open software industry and an open Internet," continued Morris.
    However, the demands of Sun seem a little absurd.
    In its suit, Sun is seeking preliminary injunctions requiring Microsoft to:
    • Distribute Sun's current binary implementation of the Java plug-in as part of Windows XP and Internet Explorer;
    • Stop distribution of Microsoft's Java Virtual Machine through separate downloads.
    Demanding that Microsoft be required by law to distribute Sun's own product is absurd. If this demand is approved by a court it may set a dangerous precident where the courts have the power to dictate how a company is run. I definitally agree that Microsoft has abused their power and should be punished but this is surely a dangerous method of remedy.
    --

    -- Find the Truth...
    1. Re:Innappropriate Demands by C.+Mattix · · Score: 2

      I am currently developing a 100% Pure Java pruduct using Sun's Forte Community Edition, using JDK1.4 on Windows XP Pro. Guess what....it works fine.

      Sun doesn't have a case. Didn't they sue MS eariler about using the MSJAVA SDK? Well. . they won. Now MS is saying. . "Fine, you don't want us to have Java, you win. We will not longer have Java (by default)." Now Sun is whineing again. You can't have it both ways.

      What is next? Are they going to fobid the use of Kaffe? Or IBM's? What about Oracle's, that one isn't 100% compatible (try using JNI with it)?

    2. Re:Innappropriate Demands by Paul+Lamere · · Score: 2

      That's not absurd at all... companies, especially monopolies are required by law to do all sorts of things. For instance, my phone company, even though it offers DSL as a product, is required by law to allow other DSL providers to provide service as well.

  27. Re:yawn. by Derkec · · Score: 3, Interesting

    What took them so long? Going in to fight Microsoft in the courts isn't a fun thing to do. Sun has had experiance with this in the past. The legal costs will probably be large. It might also distract people from Sun's own message and product line. This is the sort of decision that has to be made with lots of care. I'd guess they had hope the courts would have smacked MS around a bit more, but decided they needed to step in since the administration has had the DOJ roll over and play dead.

  28. Sun & MS tag team poor Java by GCP · · Score: 5, Insightful

    MS's attitude was that there was no way they were going to allow Java to take over the Windows programming market in a way that might make Windows irrelevant underneath. They succeeded.

    Sun's attitude was that there was no way they were going to allow Java to become "just a better way to write Windows apps." They succeeded.

    As a result, Java is virtually irrelevant to Windows client app development, and since Windows is the vast majority of all "computer-scale" clients, Java is irrelevant for almost all client programming. Go team!

    --
    "Those who have never entered upon scientific pursuits know not a tithe of the poetry by which they are surrounded."
  29. Is this the smartest move ? by beanerspace · · Score: 2

    As a programmer, Sun and Microsoft matter to me only in that I need to be able to deliver products that are stable, fast and flexible.

    Which is why much of my previous Java programming on Win32 platforms used the MSFT runtime versus Sun's. Yes, I was coding myself into an evil-empire box, but that's what the client wanted, despite my warnings.

    One of the reasons I used the MSFT runtime was because it was fast-fast-fast, and it was much easier (at least for me) to instantiate windows, COM services, etc. than it was via straight-up J2EE.

    If I were Sun, what I would have done was NOT sued them to remove it, and NOT sue them now to put it back in ... but rather I would say "we can sue you ... or you can teach us how to improve our runtime on Win32 as well as other operating systems."

    Oh wait, I just snapped-back into reality .. I fofgot there are egos on both sides .. and much to be gained and lost financially and in terms of world domination.

  30. Re:Operating System requirements... by donglekey · · Score: 2

    There is also the fact that they had included it before which I am sure makes a huge difference. So in essence they are not choosing to not include it, they are taking it out of windows, and the motivations behind that are very obvious.

  31. Re:All well and good for Sun... by Derkec · · Score: 2

    I don't think Sun is shooting for money. More likely they want to hurt MS. They are in a mindshare war between Java and .Net . If .Net prevails, we're talking very bad things. If .Net totally dies.. well Mr. Gates says he bet the company on it. The stakes are much much higher than Sun trying to collect some cash by piling on an extra lawsuit. They want to prevent MS from taking advantage of the gains they earned illegally. If MS hurt Netscape illegaly (and by association Java) and made major gains off that. Sun can seek to cripple those gains. We're talking IE to every App that could have been remade by a competitor as an Applet. Remember, Java over the browser had the potential to allow platform independant applications. In other words, applications which could undermine MS's big advantage (the desktop monopoly). MS killed this as a Java distribution platform when they illegally beat up Netscape. I could go own, but I think you get the point. Sun wants much, much more than a payoff.

  32. What Sun Seeks by Zeinfeld · · Score: 2, Troll
    Preliminary injunctions prior to trial requiring Microsoft to:
    Distribute Sun's current, binary implementation of Java Plug-in as part of Windows XP and Internet Explorer.
    Stop the unlicensed distribution of Microsoft's Java Virtual Machine through separate web downloads, instead of incorporating within Windows XP and Internet Explorer, in accordance with Jan. 23, 2000 settlement agreement.

    In other words seeks to undo in this Microsoft suit what it 'won' in its other Microsoft suit.

    Last I heard there was no law that said that Sun could decide what Microsoft distributes with their O/S.

    Essentially what Sun are demanding that the court do is to tie the distribution of Windows XP to a proprietary Sun product. Sun has consistently refused to allow other companies to extend Java in any way that Sun does not sanction. Meanwhile Sun are demanding that Microsoft be prevented from distributing their .NET CLI which competes against JVM.

    Jackson's rulling is not going to be as much use to sun in the suit as many here think. Sun can bring it up at the trial, great, but Microsoft can also bring up the fact that Jackson was dismissed from the case and his 'findings of law' thrown out by the appeals court for gross procedural violations, apparent and actual bias. They can also quote from the Appeals court judges statement that the fact that Jackson describes something as a finding of fact does not make it a finding of fact.

    All told I don't think that any sensible lawyer for the Plaintif would want to rely very heavily on the Jackson opinions. They are unlikely to have much weight with the judge and would be very likely to backfire in front of a jury. The appeals court rulings are much narrower.

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
    1. Re:What Sun Seeks by Shotgun · · Score: 2

      Sun can bring it up at the trial, great, but Microsoft can also bring up the fact that Jackson was dismissed from the case and his 'findings of law' thrown out by the appeals court for gross procedural violations, apparent and actual bias. They can also quote from the Appeals court judges statement that the fact that Jackson describes something as a finding of fact does not make it a finding of fact.

      (snicker)OK, troll. Calm down. 'findings of law'? where did you get that term? The fact is that the appeals court upheld Jackson's finding of 'facts', and just sent the sentencing back to the lower court for reconsideration. Try to get out and read a newpaper occasionally, dipshit.

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
    2. Re:What Sun Seeks by Zeinfeld · · Score: 2
      (snicker)OK, troll. Calm down. 'findings of law'? where did you get that term? The fact is that the appeals court upheld Jackson's finding of 'facts', and just sent the sentencing back to the lower court for reconsideration. Try to get out and read a newpaper occasionally, dipshit.

      From Jackson himself, his opinions were titled 'Findings of Fact' and 'Findings of Law'. It is curious that you choose to go to newspapers (the National Enquirer apparently) for your information. I read the court briefs.

      The appeals court found that Jackson's conduct required the whole sentencing part of the case to be thrown out because of apparent and real bias. The Appeals court also noted that Jackson appeared to be attempting to put issues beyond review by the appelate court by labeling opinions as 'Findings of Fact'.

      While Sun might attempt to use the appelate decision in their case it is unlikely to be very useful because most of it is trashing Jackson. The only fact that comes out of the appeals decision that would help Sun is the statement that Microsoft is a monopoly which Sun's lawyers probably would not anticipate much difficulty with. I don't recall any off the other findings by the appeals court being relevant to Sun.

      The settlement between the DoJ and Microsoft explicitly states that other parties may not use the findings as binding evidence in other cases. The findings are in any case subject to further appeal as the case of the nine remaining states continues. In theory Microsoft could still take the case to the Supreme court and argue against the somewhat peculiar appeals court decision that Jackson was impartial up to the end of the evidence phase and biased in the penalty phase. The attempt to appeal was denied on the narrow grounds that the process in the lower courts was continuing.

      Given the mauling that the apeals court gave to Jackson and his 'finding of fact' I don't think that they are likely to play a major role in the Sun case. I doubt that the new court is going to decide that there is no need for an evidentiary hearing as a result of the Jackson opinions. If Sun attempts to introduce the Jackson opinion as evidence, Microsoft will introduce the Appeals court finding that Jackson was guilty of willfull misconduct.

      Netscape/AOL will probably find the Appeals court decision rather more useful because the issue of the browser tie was specifically examined. I doubt that Sun will find much of usef because of Jackson's misconduct and the fact that Jackson did not hear very much evidence that related to Java.

      The reason that Microsoft got off is first Jackson is a fool and second the DoJ fought the wrong case. The browser case was very weak, Netscape themselves used zero pricing to kill Spyglass. There were much better issues to beat Microsoft up over, in particular the restrictive OEM contracts the appeals court appear to have mainly considered.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
  33. Re:C# by mcfiddish · · Score: 2


    Could they stop MS shipping C# on the grounds that it is a java rip off?


    I hope not. Linux is a UNIX rip off, isn't it?

    I can't believe actually I'm defending the right of MS to "innovate".

  34. Re:Treble damages...?? by GSloop · · Score: 2

    Just mosey over to your dictionary.com

    treble Pronunciation Key (trbl)
    adj.
    Triple: "treble reason for loving as well as working while it is day" (George Eliot).
    Music. Relating to or having the highest part, voice, or range.
    High-pitched; shrill.

    Cheers! [Moron]

  35. Re:yawn. by llamalicious · · Score: 2

    That's the exact reason for my question though. It's been apparent for quite sometime that MS was going to be going around in circles with the DOJ and States, and nothing serious was going to be done. At least not without 10-20 more court dates for Microsoft.

    You can bet your wallet Sun is going to be cautious about filing a suit against Bill (think countersuit) but it still seems delayed.
    One does have to admire their use of current events to their advantage, in the current situation. They are basically positioning themselves as the saviour in the fight against the monopoly.

    I say yawn, only because it seems every third story on /. is about a Microsoft involved lawsuit.

  36. What Sun Seeks by sqlgeek · · Score: 2, Informative

    From www.sun.com/lawsuit/summary.html

    Sun is seeking remedies that include:

    Preliminary injunctions prior to trial requiring Microsoft to:

    Distribute Sun's current, binary implementation of Java Plug-in as part of Windows XP and Internet Explorer.
    Stop the unlicensed distribution of Microsoft's Java Virtual Machine through separate web downloads, instead of incorporating within Windows XP and Internet Explorer, in accordance with Jan. 23, 2000 settlement agreement.
    Permanent injunction requiring Microsoft to:

    Disclose and license proprietary interfaces, protocols and formats.
    Unbundle tied products like Internet Explorer, IIS and .NET framework.

    Treble damages.

    Attorneys' fees.

  37. Sun just wants a handout by ektor · · Score: 5, Insightful

    On January 23, 2001 Microsoft and Sun settled on the lawsuit about Microsoft shipping non-standard versions of Java. Part of the settlement was the following: "Sun has agreed to grant Microsoft a limited license to continue to distribute its current version of the software, provided that all future versions of such products pass Sun's compatibility tests. This part of the agreement lasts seven years. Beyond that date, Microsoft can not distribute Java technology or use any of Sun's intellectual property."

    Ok, so Microsoft can't distribute any Java after 2008. But Microsoft decided not to included the Java VM with Windows XP, kind of saying we don't need your stinking POS. Now, on this new lawsuit Sun asks among other things for: "Preliminary injunctions prior to trial requiring Microsoft to: Distribute Sun's current, binary implementation of Java Plug-in as part of Windows XP and Internet Explorer." Why don't they make up their fucking mind?

    It seems to me Sun is just looking for some money to pad their lackluster balance sheet. If you think Sun is doing any of this for the good of the public you should stop watching the Teletubbies.

    1. Re:Sun just wants a handout by HiThere · · Score: 2

      I'm sure Sun want's to get some more cash. Who doesn't. I don't find this as in any way indicating that their grievance isn't justified.

      Yeah, Sun's no angel either. So? They've still been grossly injured by an illegal monopoly. I don't trust them, they're too hungry for power. But I trust them considerably more than I'll trust MS for at least a decade or two. (Do you *really* trust IBM? You shouldn't. They are temporary allies. This may change, but don't count on it, either way.)
      .

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:Sun just wants a handout by Shiny+Metal+S. · · Score: 2
      If you think Sun is doing any of this for the good of the public you should stop watching the Teletubbies.
      This is obvious, Sun would probably act exacltly the same as Microsoft if they had the monopoly. I don't use Solaris for the same reason I don't use Windows. But we have to ask ourselves a question: whose victory would be better for the public now?
      --

      ~shiny
      WILL HACK FOR $$$

    3. Re:Sun just wants a handout by Kwil · · Score: 2

      On January 23, 2001 Microsoft and Sun settled on the lawsuit about Microsoft shipping non-standard versions of Java. ... Microsoft decided not to included the Java VM with Windows XP, kind of saying we don't need your stinking POS. Now, on this new lawsuit Sun asks among other things for: "Preliminary injunctions prior to trial requiring Microsoft to: Distribute Sun's current, binary implementation of Java Plug-in as part of Windows XP and Internet Explorer." Why don't they make up their fucking mind?

      There's no confusion here.. note the original settlement terms you provide:

      Sun has agreed to grant Microsoft a limited license to continue to distribute its current version of the software, provided that all future versions of such products pass Sun's compatibility tests. [emphasis added]

      Sun has always wanted Java distributed with MS-Windows. They just wanted a properly compatible version. When MS got told they had to play fair and couldn't use their usual embrace & extend strategy, they basically picked up their toys and went home.

      Now Sun is saying that since they're the only game in town, they don't get to just pick up their toys and go home. They have a responsibility to the public/market to allow anybody to play.. but they still have to play fair.

      Of course they're not doing it for the good of the community. Anybody who thinks that is daft. But it's not just a hand out either, it's redress for wrongs done.

      Another way to think of it is like Sun has a net, but the big bully MS has been keeping Sun from getting to the public stream so that MS can market all the fish on their own. Now that MS has been recognized as being in the big bully position, Sun's wanting them to pay up for keeping them from fishing.

      --

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

    4. Re:Sun just wants a handout by MtViewGuy · · Score: 2

      I'm surprised you haven't been modded down to Troll status and less for that remark. :-)

      I think this case--especially now with the Bush Administration in charge--will be dumped out like yesterday's bath water because it violates the agreement signed back in early 2001 in regards to the settlement of the dispute in the first place. Sun is (IMHO) trying this because they know the US v. Microsoft case is about to come to an end, and Sun can't piggyback on that case.

  38. Re:and in this corner ... by Derkec · · Score: 2

    That's the information for Sun's previous lawsuit against Microsoft not the current one.

  39. Re:C# by javilon · · Score: 2

    Sorry, I'll reformulate the question:

    Could they stop MS shipping C# on the grounds that it is a java rip off, and it is bundled with windows , and only run on windows (as of yet).

    Basically it is the same strategy they followed against Netscape, with impressive results. Create a clone of the competitor's product, bundle and integrate it into windows.

    If MS weren't a monopoly it wouldn't be a problem to me. but...

    Also, I am not taking tha position that they shouldn't be allowed to ship C#. I just say that Sun could take it in that direction.

    --


    When his defense asked, "Which computer has Jon Johansen trespassed upon?" the answer was: "His own."
  40. Guilty Guilty Guilty! by WillSeattle · · Score: 2, Interesting

    The fact is - Sun's right. And Microsoft knows it.

    However, since justice belongs to the highest bidder in this crony capitalist country - I predict Microsoft will successfully defend themselves against these warranted charges.

    Naturally, this will employ tons of lawyers - and since they're tech lawyers, this is probably Good For The West Coast.

    -
    [sorry about the prior post - hit the Enter key by mistake]
    -

    --
    --- Will in Seattle - What are you doing to fight the War?
  41. This is not about Java by DaoudaW · · Score: 3, Interesting

    The lawsuit is not about java. Most of the complaints relate to workgroup servers, web-browsers and productivity suites.

    Does anyone know what became of the DR-DOS/Novell/Caldera complaint that Microsoft illegally tied the OS to the window manager (GUI)? I remember running Win95 on top of DR-DOS even though Microsoft claimed the window manager and OS were inextricably linked.

  42. Re:Boys be Boys by Drizzten · · Score: 3, Insightful

    What crimes?

    This is, as others below me have pointed out, another example of Microsoft's competitors taking the easy way out and ligitgating their way into success, rather than earning it and convincing a larger share of the public to buy their products. No matter how you frame it, the consumer has the ultimate choice in the matter...to buy or not to buy. If the majority of consumers cared about this, they'd change their buying habits.

    Dismiss my opinions as you will, but please give this article some thought. Antitrust laws are unobjective and arbitrary, punishing successful companies for the "crime" of being better than their competitors.

    --

    "All mankind is at the mercy of a handful of neurotics". - Norman Douglas
  43. Re:C# by beanerspace · · Score: 2
    I think someone else made the comparison between Java and Object Pascal, so I won't go there, except to quote Hejlsberg.

    "First of all, C# is not a Java clone. In the design of C#, we looked at a lot of languages. We looked at C++, we looked at Java, at Modula 2, C, and we looked at Smalltalk. There are just so many languages that have the same core ideas that we're interested in, such as deep object-orientation, object-simplification, and so on."

    I guess the killer question is, is this lawsuit really a veiled threat because of the potential success C#, or because XP doesn't include the Java VM?

    I for one cannot say. Both of these giants are vying for world domination, one through J2EE, the other through .NET. Which one will win, I can't say.

    As a programmer, I just want tools that help me get the job done so I can go home and play with the kids at night.

    As for the similarities and differences between C# & Java, I'll leave that up to smarter people than myself, including one lengthy article by Dare Obasanjo entitled "A Comparison of Microsft's C# Programming Language to Sun Microsystem's JAVA Programming Language.

    .
  44. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  45. Re:Eh, tell me when it's a class action suit by zangdesign · · Score: 2, Insightful

    Actually, I'm considering suing Sun for forcing Microsoft to include a Java VM, when I don't want or need one.

    The harm: excessive anxiety over the amount of diskspace taken up by Sun's VM and worry about compatibility issues.

    The remedy: about $250 in real damages, and $500 million in mental anguish, lost time, depression etc.

    The terms of this suit are way more reasonable than Sun's wishy-washy attitude on shipping their VM. The thing is available for download if you need it, and if you don't, then you don't have to download it.

    This is the equivalent of suing every Linux release for not including Jahshaka (a Linux-based video editing/effects package).

    It's stupid and it sucks.

    --
    To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
  46. Please. by Kibo · · Score: 2

    They are hardly so high minded.

    A little cynicism would do you good.

    They are suing because Microsoft has deep pockets and that reason alone. In sun's case, they weren't harmed, they were helped. And only their bizzar temper-tantrums have hurt them with respect to Java.

    But the fact, not the idea, that they are using court rooms as away to improve their bottom line and not a place to seek redress makes me want to vomit. Those are the types of people at sun. Amoral sophists. That's what they stand for. It's only a matter of time before that attitude permiates everything they do.

    --
    --Jimmy has fancy plans; and pants to match.
    1. Re:Please. by Carmody · · Score: 2

      But the fact, not the idea, that they are using court rooms as away to improve their bottom line and not a place to seek redress makes me want to vomit. Those are the types of people at sun. Amoral sophists. That's what they stand for. It's only a matter of time before that attitude permiates everything they do

      If Microsoft hasn't trademarked the term "amoral sophists" then they should. That attitude already permeates everything Microsoft does. When you do something they don't want you to do, they whine and sue. When they break the law, they complain about whiners and sue-ers. And all the time they feed a steady stream of money into the gullets of people who are able to make it easier for them to sue, and harder for them to be sued. And when they were finally caught in a court of law, their generous bribery was able to get people to say, "Well, they broke the law, but Jesus has forgiven them, why shouldn't we?" And then those who fought for leniency will go back to the American People and say that their opponents are "soft-on-crime."

      --
      God is real unless declared integer
  47. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  48. Re:Boys be Boys by rapid+prototype · · Score: 5, Insightful

    No matter how you frame it, the consumer has the ultimate choice in the matter...to buy or not to buy. If the majority of consumers cared about this, they'd change their buying habits.

    at the danger of being accused of being 'dismissive', and of feeding a troll..

    have you even looked up the definition of a monopoly? exclusive ownership through legal privilege, command of supply, or concerted action. basically that means the monopolist has such leverage in the market, individuals no longer CAN choose an alternative. that is the point.

    Antitrust laws are unobjective and arbitrary, punishing successful companies for the "crime" of being better than their competitors.

    Far from it. It is fine if Microsoft is so much better than their competitors that they control most of the desktop operating system market. That is fine and good, a monopoly is not in and of itself an evil thing. But, if a monopoly uses that monopoly position to: (1) artificially inflate prices of a necessity (such as a desktop OS); (2) tie their products in other markets to their monopoly position in the desktop OS market (such as a web browser); or (3) use illegal 'blocking' means to prevent and/or stifle competition (such as agreements with computer vendors to bundle Windows and only Windows or pay the consequences).

    note that i'm not trying to 'dismiss' you, just point out that maybe you don't realise that people do NOT have the choices you claim they do.

    -rp

  49. Re:Operating System requirements... by C.+Mattix · · Score: 2

    They were forced to take it out by a previous Sun lawsuit.

  50. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  51. Re:Boys be Boys by spyderbyte23 · · Score: 2, Funny
    Dismiss my opinions as you will, but please give this article some thought.
    I am sure this was unintentional irony, but that article is illegible(microscopic fonts) in Netscape on a Macintosh. So I'd like to give the article some thought, but it appears that choosing an alternative platform is not an option.

    Gosh, it's almost as though the Microsoft monopoly had a deleterious effect on consumers.

    (Yes, I do know how to fix this. Just thought it should be pointed out.)

    --
    -- Support Ometz le-Serev.
  52. Yeah, they did. by Ho-Lee-Cow! · · Score: 2, Funny
    You start by taking the current version, apply the patches for all the known holes, and then put it in a fancy new box and tell your sales force to lie, cheat, and steal to get it on every machine possible. Those who do not assimilate are destroyed.

    Meaning, that the next 3 versions don't have a -prayer- of being secure.

    --
    In space, no one can hear you moo.
    1. Re:Yeah, they did. by EnderWiggnz · · Score: 2

      you forgot "rename and change the API to one of our technologies and call it 'new' - have we redone ActiveX lately? oh, thats COM.. er... dCOM... er ... COM+"

      --
      ... hi bingo ...
  53. Why Sun is not in this possition by Erris · · Score: 2
    Sure, MS deserves it, but it's not like Sun wouldn't be doing the same thing, should they be in MS's position.

    Hmmm, it's hard to imagine anyone being as rude as MicroShaft. Can you imagine that Sun is not in Microsoft's possition becuase they did not act like Microsoft? Ever heard of a BSA raid on Solaris software? No? That would be because Sun is not a member of BSA

    Funny how people are saying that Sun is being abusive for asking for redress of wrongs that M$ has been found guilty of. The trial will be as short and sweet as Microsoft desires. In fact, they could settle out of court for their wrongs, but they won't. Microsoft brought themselves to this by refusing to co-operate with anyone. Java is a small piece of the damage Micorsoft has done to the world with their silly little tricks to break other people's software. Sun managed to survive Microsoft's abuse because they had their own hardware and platform. Other companies were not so lucky, and their employees lost their jobs while M$ pushed their inferior garbage on people. Sun will, we can be sure, put together some reasonable costs they suffered from Microsoft not living up to their word. It is right that Microsoft pay, but they won't. They are going to spend all sorts of money on defending their wrongs and then complain that all the lawsuits are bankrupting them.

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
    1. Re:Why Sun is not in this possition by GSloop · · Score: 2

      Sorry, but Scott M, is just a plain jerk. His head is SO big, I'm waiting for it to explode.

      In a corporation the stuff runs downhill.

      BillG and ScottM are both power/ego freaks. Heck, if I meself had all my clients my the short and curlies, i'd probably do it too.

      Sun/IBM/MS/Standard Oil - they're all the same. The only difference is that right now, Sun doesn't own you. They have to play nice. As soon as they do, (and this goes for more than just Sun, it goes for everyone) just kiss it goodbye.

      If ANYONE has you by the short hairs, don't ever expect them to act nice - because eventually they won't. You rose colored view of Sun is just misplaced. Even the most saintly of us, would probably do the same as MS given the chance.

      Cheers!

    2. Re:Why Sun is not in this possition by GSloop · · Score: 2

      How about Lew Gerstner?

      He wasn't a self important prick.
      He took IBM from the brink of destruction to a powerful, restored to health IBM.

      It is possible to be polite and self-deprecating, but still be effective. In fact, I think leaders who fulfil these attributes are BETTER leaders than those who are full of self importance.

      Who would you rather work for. Who would you rather do business with?

      Cheers!

    3. Re:Why Sun is not in this possition by elmegil · · Score: 2
      BillG and ScottM are both power/ego freaks.

      Name me one CEO that isn't.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  54. Straight from the MS breakroom... by Uttles · · Score: 5, Insightful

    Seriously, if you MS spies or whatever you call yourselves are going to come onto slashdot and post up pro MS drivel in the face of criticism, the least you an do is try to mask it a little bit. Good Lord. That entire post is possibly the most ignorant, Microsoft Certified Shit Comment I've ever read.

    I realize that I should not attack your post with only insults, so I'll give an example, but only one since I don't have much time.

    You cannot honestly ask any company to ship their competitor's product with their own. That is an absurd idea at best.

    The problem is not that MS Windows doesn't come with Netscape or Java or any other competition. The problem is that Microsoft makes contracts with resellers that say if they're going to sell Microsoft Crap.X version of the OS then they have to include certain things, and they have to leave out certain things (like netscape and java.) Therefore, the illegal action is not leaving the competition off their CDs, but forcing the computer sellers to only have MS crap on their machines. That's mafia-esque and just as illegal.

    --

    ~ now you know
    1. Re:Straight from the MS breakroom... by sheldon · · Score: 3, Insightful

      "The problem is not that MS Windows doesn't come with Netscape or Java or any other competition. "

      No, pay attention...

      The nine non-settling states were told by Sun to include a provision to force Microsoft to ship the Sun JVM with Windows. That's what is being referred to here.

      The exclusive contracts business is part of the DOJ settlement.

    2. Re:Straight from the MS breakroom... by zangdesign · · Score: 2

      The non-settling states were TOLD by Sun, etc., etc.? I've been following this case and I don't remember ever seeing anything about that.

      Could you provide a link to the relevant proof?

      I don't doubt it, yet, but I'd like to see your evidence on that.

      --
      To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
    3. Re:Straight from the MS breakroom... by (void*) · · Score: 2
      This may be true, or it may not be. The point is, it is hardly an injustice, considering that MS makes exclusive, arbitrary deals with OEMS.


      Think broadly. What exactly is MS guilty of, in the IE vs Netscape case? It is guilty of using exclusionary deals, leveraging their OS monopoly into a browser monopoly. Just like how MS attempted to leverage their OS monopoly to undermine the machine-independence of Java. And since Sun sued them on that, they've decided not to play.


      Now think about that. MS effectively refuses to make JVMs for Windoze. And it uses the exclusive nature of the Windows OS to force Windows users to have the lessor option of NOT HAVING JAVA, but HAVING C# (soon) instead.


      It is becuase the Windows OEM licensing is exclusionary that Sun cannot ask OEMs to bundle their Java. So if it was true, this is GOOD NEWS for windows customers.

    4. Re:Straight from the MS breakroom... by (void*) · · Score: 2

      You are right. Exclusive licenses, by themselves, should not be used as the criteria to determine antitrust violations. But under specific circumstances, exclusionary licenses can be seen to have a anticompetitive effect.

    5. Re:Straight from the MS breakroom... by sheldon · · Score: 2

      Obviously you have not been following the case. The non-settling states have used the input of Oracle, Sun, AOL, etc. to formulate their suggested remedies. This fact was presented weeks ago by Microsoft.

      http://news.com.com/2100-1001-833407.html

    6. Re:Straight from the MS breakroom... by sheldon · · Score: 2

      "MS effectively refuses to make JVMs for Windoze. "

      It's Windows, BTW. When you spell it as Windoze you show your intellect to be that of a 5 year old.

      Oh, also Sun told Microsoft they can't make JVMs, this was not Microsoft's decision effectively or not.

    7. Re:Straight from the MS breakroom... by (void*) · · Score: 2

      Well, it is MS's decision to make a conforming JVM, or not to at all.

    8. Re:Straight from the MS breakroom... by zangdesign · · Score: 2

      I missed that article. I was aware that the states were dealing with MS competitors, but had not read this as being "TOLD" to do something.

      The implications of this are rather staggering in that MS may have a case to go after it's competitors once the DOJ case is concluded. If I were in charge of MS, I would requesting discovery on exactly how the states arrived at their requests for relief (and prepping contingency lawsuits against those states).

      --
      To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
  55. Re:Boys be Boys by tb3 · · Score: 2

    To quote Billy Connelly, "Jesus Suffering Fuck!"

    Did you look at any of the articles in the right pane? What a pile of bigoted, inflamatory nonsense! If you're going to cite a source, at least pick one with a semblance of credibilty.

    --

    www.lucernesys.comHorizon: Calendar-based personal finance

  56. What did MS do to Sun? by weston · · Score: 3, Interesting

    You know, as I understand it, the basic problem with Microsoft is that they use their market power to lock other people out, rather than compete with them.

    Netscape: Hey OEM! We have this product! It's great! It adds value to your system! We'll license it to you cheaply! Please bundle it!

    OEM: OK! Sounds Good!

    Microsoft: Hey OEM! We don't want you bundling this product. Stop it or else we'll yank your Windows license... or maybe you'll just lose your "discount".

    OEM(1): Yikes! We'll stop... hey, that IE 3.x product looks OK.

    OEM(2): I don't know, our customers really like Netscape... maybe we could display IE prominently and still include Netscape?

    Microsoft: Well, the price of producing Windows _is_ going up.... but you are a good customer, maybe we can work something out.

    So it's easy to see that at first, Microsoft didn't compete on quality or even simply bundle. They tried to lock Netscape out. To a great degree, they were succesful. Netscape lost licensing revenues and mindshare which might have been used to fund good development....

    But I don't see how this happened with Sun. Does Sun have contracts with OEMs to distribute JVMs or class libraries? Did they try, and were locked out? Or is it that they distributed with Netscape, and were locked out? Or are they still whining about incompatibilities with Microsoft's own terrible Java?

    I may not know the facts here, but I don't see how Sun is a victim in the same way that Netscape is, much as I think Microsoft's business practices are deplorable.

    1. Re:What did MS do to Sun? by (void*) · · Score: 2

      Sun: This is what the Java language is. This is what a JVM must do.

      MS: That looks good! Can we write our own JVM for that?

      Sun: Fine. But it must meet our certification, the standards which we have submitted for review.

      MS: OK. Here it is.

      Sun: Hey, you didn't just implement the JVM. You made extensions for developers which work only on Windows.

      MS: Yeah so? Does it not meet your standards?

      Sun: It does, but if we sign-off on it, we are made to look like endorsing your extensions. Since we made Java to be platform-independent, we can't possibly sign off on that.

      MS: Look everyone! Sun's trying to screw us, and play favorites.

      Sun: Now that's not true - IBM made a perfectly conforming JVM and we don't have problems with that.

      MS: This is rubbish. WE MUST HAVE THE FREEDOM TO INNOVATE JAVA!!!

    2. Re:What did MS do to Sun? by (void*) · · Score: 2
      Because if MS refuses to offer their JVM for consumers, Sun should be free to do that with OEMs. I sure hope Windows users have an alternative to the CLR, and not have another choice limited simply because of a spat between Sun and MS.


      Sure, Sun make not have the best motivates in suing. But they have a case!

    3. Re:What did MS do to Sun? by RandomPeon · · Score: 3, Informative

      In addition to what's pointed out by others, MS promised (contractually) to deliver a fully functional Java VM. But the thing was broken in subtle and fatal ways that suggest some underhanded decisions. I did a little client-side java programming a year ago, and did the dev work on a Linux box. When I tested an app in Win98 and NT, I got a JVM error that one of the methods in the File class couldn't be found. This is like building an OS that's supposedly POSIX compliant, and just leaving out the stat(2) call. Needless to say, the only way to find which methods were unimplemented was to use them and then discover they don't exist.

  57. 2 points people seem to have missed by Mr.+Storm · · Score: 5, Interesting

    1) Several folks say the previous Sun suit was to get Java off Windows. I beleive it was to force MS to follow the contract and keep the MS version 100% compatible with the established standards. When MS LOST that suit, they decided to pull all support. If Sun didn't want Java on windows they wouldn't have licensed it to them in the first place.
    2) Did anyone consider that maybe the MS Java VM being faster than the Sun Java VM had something to do with MS not makeing their full APIs available for other companies to use? Just a thought.

  58. Re:Out of court settlements and private negotiatio by frank249 · · Score: 5, Interesting

    Part of Microsoft's investment deal was Corel's agreeing to waive any future law suits. It may have saved them at the time but Sun's claim is peanuts compared to the damages Corel could have claimed due to Microsoft hijacking the Office suites market.

    All may not be lost. Earlier this week news came out that the former antitrust chief under
    New York AG, Stephen Houck, has joined the rebelling states' legal team, throwing Ballmer
    and his legal eagles off balance. The NY AG's office was leading the
    enquiry into the Office suites monopoly case until they shelved it to
    concentrate in the still-lingering Netscape case.

    The Office suite case files are there to be picked up again, and this
    time MS has already been convicted of monopolist behaviour; it's just
    the "remedy" that they're busy watering down, despite Enron hanging
    over quite a few high-placed Republicans' heads.

    If the Netscape case, as it would appear, gets sold down the river,
    what are the chances that the angry states will try again using
    heavier ammunition, such as WordPerfect Office? Or if Java is deemed worth billions
    under a private antitrust case, what would the former main competitor
    to Microsoft's profit center Office be worth?

    Whatever rights Burney signed away in order to get that "life-saving
    investment" from MS, surely those clauses can be annulled by any
    fractionally competent lawyer. The second task would be get injunction
    against MS-Office...

    Of course someone would need to take over this company first, but
    they'd get all the products, including the WPO, for practically
    nothing! In this climate some high-profile law offices might even want
    to take the private Office antitrust lawsuit on a commission basis. BTW Corel's market cap is a little over $250 mil while they have over $100 mil of cash. So for $150 investment someone could get a chance at a big settlement and the company/products would be a bonus. Anyone out there from IBM or AOL interested?

    --

    Today's vices may be tomorrow's virtues.

  59. Ahhh... but this IS Microsoft's game by A+nonymous+Coward · · Score: 2

    If you can't beat them at their own game, file suit.

    Seems to me Microsoft's game IS to not compete fairly, and resort to everything EXCEPT write superior products. Microsoft should be flattered.

  60. I can see whats coming next. by Suppafly · · Score: 2

    Sierra game company will sue MS for illegally bundling solitaire with windows, claiming that their wonderful solitaire product just couldn't compete with the one shipped with nearly every version of MS Windows since the early 1980's. "People will generally use whats on the desktop as long as its good enough" By MS using their monopoly power to illegally integrate solitaire into their OS and restricting vendors from selling Seirra's product as an OEM, the downfall of sierra is eminant.

  61. Re:two-faced by tommck · · Score: 2
    I completely agree...
    The settlement for the previous lawsuit dictated that Microsoft is allowed to use JDK 1.1.4 (read: old as time) and nothing further.
    That is the only version of Java that M$ is allowed to use.
    Microsoft did not want to offer old technology to people, so they opted not to offer it at all.
    Odds are that any Java technology that Microsoft is currently allowed to offer wouldn't be able to run any applets or applications written in the last couple of years. Thus, people would just have to go download a new JDK anyway!
    What's the difference?

    T

    --
    ---- It puts the lotion on its skin or else it gets the hose again. It does this whenever it's told.
  62. Re:C# by blowdart · · Score: 2

    Could they stop MS shipping C# on the grounds that it is a java rip off, and it is bundled with windows , and only run on windows (as of yet).

    It's not bundled with Windows. The runtime libraries must be installed first. Only XP Server will have them preinstalled, unless they rerelease the XP CDs. Hell, you have to pay for the development tools seperately. Hardly bunded.

  63. I think I see where this is going... by eples · · Score: 5, Insightful
    After reading the ".NET Portion" of the complaint, it occured to me that Sun may be implying that the new CLR (MS's Common Language Runtime) is based on the MS Java VM that Sun originally sued to keep from being used. From Section 184 of the complaint document:
    • 184. Microsoft's products in the middleware runtime market include Microsoft's implementation of the Java Runtime Environment and Microsoft's .NET Framework - the Common Language Runtime and .NET Framework classes. Sun competes in the market by offering its implementation of the Java Runtime Environment.

    IANAL, but it looks as if they are alledging that Microsoft built the CLR off of their "illegal" Java VM. I have to say, it *was* the first thing that entered my mind when I heard how the CLR functioned. Proving that they are one and the same (with many many many additions and modifications along the way) could be the thrust of this whole lawsuit - carefully buried in item #184 all the way at the end of the document.

    --
    I'm a 2000 man.
    1. Re:I think I see where this is going... by sheldon · · Score: 2

      But who cares?

      The only thing "illegal" about Microsoft's Java VM was that they included the Sun Java logo on it, when it didn't comply with Sun's specifications.

    2. Re:I think I see where this is going... by Oink.NET · · Score: 3, Interesting
      Sun may be implying that the new CLR (MS's Common Language Runtime) is based on the MS Java VM

      As similar as they may seem, they have completely different origins. Read more here:

      The origin of this new runtime environment lay in the little-noticed acquisition by Microsoft of Colusa Software in 1996. Co-founded by Steven Lucco, Colusa had released a product in 1995 called OmniVM based on research carried out by Lucco at Carnegie Mellon University. OmniVM was a virtual machine environment that offered two distinct advantages over early versions of Java. Firstly, by avoiding interpretation and using a virtual RISC architecture it provided near-native code execution performance. Secondly, it implemented robust 'application' isolation via a virtual memory manager. This made it a very safe environment for running 'legacy' and 'mobile' code. What caught Microsoft's eye was that, partly in order to support the porting of legacy code to the virtual environment, Colusa had produced both C/C++ and Visual Basic development environments.

      And here:

      On March 12th of 1996, Microsoft bought Colusa Software, the maker of Omniware and OmniVM. For several years, Microsoft has been quietly developing Colusa's universal virtual machine and waiting for the right time to deploy it.

      And here:

      Microsoft Research is developing a virtual machine, which it calls CVM, based on technology it acquired a couple of years back when it bought Colusa Software Inc. Colusa originally was building a run-time language similar to Visual Basic. But CVM goes beyond this; it will act as a virtual machine running on multiple platforms that can run programs written in C++, Visual Basic, Java and other languages.

  64. Re:Boys be Boys by ComputerSlicer23 · · Score: 2, Insightful
    Just some food for thought, think historical perspective. Most monarchies are followed precisely because the original lines of leaders were followed because they were good for the masses. Sometimes they are good for a large force. Enventually the monarchies followed the old adage about absolute power. Microsoft is a great company. They have done great things. Anti-Monopolies are about eliminating Monarchies in business. People can't vote with there dollars. In order to try and get out from underneath a monarchy it generally takes a revolution which normally involves bloodshed. One doesn't just say they aren't going to follow the King/Queen and then King is no longer powerful. People won't associate with you, and your considered dangerous. It won't work. You need a huge movement of a lot of people.

    With Microsoft, you can't just walk away from them. It doesn't work. Nobody will associate with you. Just try not using Microsoft and do business with a large set of people? I use Linux on my desktop. I use StarOffice. I don't have any MS products installed anywhere on any machines that are my personal workstations. However, I have to produce and interact with MS products all the time. Microsoft goes out of there way to make it hard not allow you to use 3rd party tools with there tools. They have just as much authority and power as a King in most IT departments. You can't just ignore microsoft and have them go away. There are too many people who believe. Monopolies are bad just like Monarchies are bad. After a while, absolute power corrupts absolutely.

    On a side point, it isn't illegal to be a Monopoly (at least not in the US). You can be a monopoly all you want. What is illegal is that monopolies get absolute power in there area. When they start to abuse the authority they have that is when they get into trouble.

    Ah, one last point, with Microsoft in a lot of ways there is no choice for the consumer. If the OEM signs up to pay for a windows license for all the machines they buy, I can't change that short of finding that out and buying from somebody else. The problem is MS use to line that deal up with all the OEM's for something like 60-90% of all computers sold in the USA. There is a reason people jokingly refer to it as the MS tax. You don't get many choices on sales tax either now do you?

    Don't get me wrong. Microsoft has done a tremendous amount of good for the computing world. They have impowered literally 100's of millions of people in the world. Their original goals they had were incredibly good for society. I appreciate what they have done for me. I truly do.

    However, I think in a lot of ways, I would appreciate it if they did things that allowed somebody besides microsoft to do good things. I'd like it if they would publish the API's so little guys can interact with the OS well. I would like it if they would publish specifications on how Office documents work, so somebody could write reliable filters so I can vote with my dollars and use another office program. I can't vote for that with my dollars. Its not possible. The government can make it happen.

    If microsoft truely is the best at what they do, they have nothing to fear from publishing information on how to interact with the software. They have nothing to fear from allowing OEM's to bundle any software they want. If they are the best, people will vote with their dollars. If microsoft blew the doors off of all the other products, its what I'd use. Microsoft does a lot of things that don't involve being better for the consumer and that is how they are winning.

    Yes I.E. is a better brower. Wasn't at the beginning but it is now. Media player wasn't better then Real Audio. Microsoft didn't/doesn't allow an OEM to bundle software that is better then theirs to be bundled onto the base install which is in fact bad for the consumer. Microsoft didn't compete and beat people in an open market. Instead they do things to make it hard if not impossible for another competitor to work as well as microsoft.

    The crap they do with auto-executing extensions and other nonesense makes it much harder to use programs they don't want you to. They aren't beating people with better products. They are leveraging the control from the OS market to run people out of every other market there is. That is bad. It is bad for the consumer. They do make good products. But if MS doesn't fell like implementing a feature I want, or feels like telling me I must register all my products and have them phone home that is hard to do. It just like the phone company dictating that you can't use anybody's phone but theirs on a phone network. It isn't hard to produce a good phone, but it is a real bitch to laydown a nationwide network just to make a good phone and sell it. For similar reasoning it is bad for the OS makers to be able to make it nearly impossible for software to interact well with the desktop. It isn't economically sound to develop an entire OS because you can make a better windows widget. It'd be nice if I knew how to make a good widget that I wouldn't have to create an entire OS and all the supporting superstructure just so I could see my widget. It's bad for the consumer, if you can't see that, you don't want to.

  65. Re:Reason: Sun is losing market share and money. by Zeinfeld · · Score: 3, Interesting
    As another sign of desperation, Sun recently announced that it, too, will sell Intel-based servers running Linux. To understand the level of desperation, we note that Sun has been touting itself as the SPARC-only shop for the last 15 years. Sun claimed that it would never resort to selling Intel-based servers.

    Which is the real joke here. Sun is crashing because of the competition from Linux, Microsoft is practically irrelevant to its market.

    Sun grew fat during the Internet dotcom craze because there were lots of VCs out there throwing obscene amounts of money arround. The VCs would typically demand that their companies applied the latest, sexiest technologies - regardless of whether there was a point. Some friends of mine had to recode their system from Lisp to Java just to please their VC.

    A lot of the startups were buying high end Sun gear because it pleased the VCs for whom Sun meant Java, meant 'sexy', meant a red hot IPO.

    Today their are two factors that are causing trade to shift from Solaris to Linux. First Linux is now sexier than Java. If your VC demands buzword compliance then Linux is fine. Second companies no longer have unlimited amounts to spend on unnecessary hardware. A company like Google that uses low cost Linux/Intel boxes is thought of much better than one that blows money on Sun gear that costs much more.

    Propietary UNIX is doomed. But Microsoft is not the reason, Linux is.

    The only proprietary UNIX vendor I would put much faith in long term is Apple. They do have a major base of desktop software and they are the only folk in UNIXland who appear to understand what a user interface is. But even Apple may well end up having to jetison the quasi-proprietary kernel and moving to an open source core some day.

    Sun's problems are not going to be solved even if they do force Microsoft to distribute Java. At this point .NET is rapidly becoming the hot issue for enterprise customers. While .NET has lots of hype features, the core advantage of .NET is it provides the means by which the WinTel market can transition from 32 bit x86 architecture to 64 bit Itanium.

    A company can transition to using the .NET CLI with a simple re-compilation. The Java VM requires them to rewrite their application, it is a non-starter as an Itanium migration strategy.

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  66. Fundamental Contradiction by eyeball · · Score: 2

    Isn't it a fundamental contradiction to say "this company hurt competition by being a monopoly?"

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  67. Re: Hidden Interfaces by eples · · Score: 2, Insightful

    I think they want to check to see if the CLR is based on the "illegal" Java VM they sued to have MS stop developing. I'd be surprised if the CLR and their JVM *didn't* share some code.

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  68. Re:yawn. by ShadeARG · · Score: 2, Funny
    > what took them so long?

    Did you see the size of those PDFs?
  69. Re:Boys be Boys by erasmus_ · · Score: 2

    another example of Microsoft's competitors taking the easy way out and ligitgating their way into success,

    Well, to be fair, Sun has already achieved plenty of success without the need for litigation. But at the same time, this is absolutely ridiculous. Everyone knows Sun hates Microsoft, and Microsoft is already taking so much damage from their federal case (please don't troll me on this, just look at how much it cost them and how much it affected the stock).

    So, a biased company who is an arch competitor files suit against a company who is already responding to these allegations in a separate suit. This is frivolous. Worse yet, I'd call this harassment. I like Sun, but I don't like this move.

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  70. Re:Good Grief by kindbud · · Score: 2, Informative

    ...the web browser is a core part of the computing experience today...

    Bullshit!

    ...just like a graphical user interface...

    Bullshit!

    Next, Sun claims they illegally tied IE to the operating system. As noted above, web browsing is now an essential part of the PC expierence; it only follows naturally that it should be included as part of the OS.

    Bullshit!

    Now, here is where Sun really flies off the deep end and displays the true motivation behind the suit, which is Larry's obession with trying to beat Bill Gates and his highly successful company.

    Larry is CEO of Oracle. Scott is CEO of Sun. Are you always this moronic in public, or are you trying to entertain us?

    Sun also claims that Microsoft has illegally tied IIS into its server OSes. This one strikes me as really odd, because IIS isn't installed by default, it is simply included on the CD.

    That is false. IIS is selected for installation by default on Win2K, and on XP it is installed without even asking you whether you want it.

    In fact, for NT 4.0, you had to get a separate CD or download to install it; it wasn't even part of the standard distribution.

    NT 4.0 is no longer sold or supported by Microsoft.

    You cannot honestly ask any company to ship their competitor's product with their own. That is an absurd idea at best.

    Of course you can, when the company in question is a monopoly. The ILECs were (admittedly ineffectively and half-heartedly) forced to open up their monopoly infrastructure to competing service providers. Why should the monopoly OS be treated any differently? It shouldn't.

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  71. Re:C# by Zeinfeld · · Score: 2
    Could they stop MS shipping C# on the grounds that it is a java rip off, and it is bundled with windows , and only run on windows (as of yet).

    Then could AT&T stop Sun shipping Java because it is a C/C++ ripoff, or along the chain to BCPL, CPL, Algol 68, Algol 60?

    My complaint about Sun and Java from the start has been that they have been entirely closed about the design and development of Java. Now it appears that they are trying to argue that Java somehow gives them a monopoly on the future development of all Algol like programming languages. That might be news to Tony Hoare who now works for Microsoft and was one of the main inventors of the original Algol.

    Java is simply not that novel to allow such a claim. Most of the changes in Java simply fixed longstanding errors in the design of C that had been documented decades before. The main innovation in Java was to partially fix the broken inheritance scheme of C++.

    Unfortunately Gosling and co did not go further and take advantage of any of the advances in CS that occurred since the mid 80s. No functional types, no concurrency model and no formal model.

    C# is not .NET, it is only one of the programing languages supported by the .NET framework. In fact there are some 20 odd languages supported including languages like Perl and Rexx which were not even designed for compilation. Microsoft is also encouraging universities etc. who are designing languages to use the .NET framework. so people who are designing the next Eifel or Python don't need to spend their time writing code libraries, they can share the existing code. You get a development environment, debugger and the compiler back end for free.

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  72. Re:Almost inevitable by Vancouverite · · Score: 2, Informative

    They can't call it J#... there is a J# that's part of Visual Studio.Net. In fact, J# is mentioned in the complaint, since Sun alleges that J# is in violation of the Java injunction in a couple of ways!

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  73. Re:Good Grief - OK, astroturfer, I'll bite by BurritoWarrior · · Score: 2, Informative

    First, they claim that Microsoft has effectively monopolized (through illegal actions) the OS market for Intel machines, the web browser market, and the Office suite market.
    Yeah, what a ridiculous claim. The fact that MS has found to be a monopoly which uses their monopoly to crush competition in other markets and LOST all their appeals somehow escapes you.

    While they may have engaged in questionable activities regarding the OS,
    They are NOT questionable, they are ILLEGAL, and have been proven so in a court of law.

    the web browser is a core part of the computing experience today, just like a graphical user interface, TCP/IP and network connectivity, etc (all of which were separately purchased products at one point in the x86 history.)
    Uh-huh, network connectivity and a full featured internet browser are equivalent. One is a protocol (layer 2/3 in the OSI model) the other is an application (layer 7).

    Sun is also claiming that they tried to monopolize (using illegal tactics) the workgroup server OS market. This one is absolutely silly and absurd. Until some recent blunders by Novell, Microsoft did have hefty competition.
    Yeah, and things like forcing Office (oh, 90+ %market share - another monopoly) workgroup intranet publishing to REQUIRE IIS which ONLY RUNS on a MS Server, that is just peachy with you, huh? That doesn't smack of abusing a monopoly in one area to force your way into another area. Should we delve into the relationship between W2K AD & W2K pro?

    However, I doubt anyone can argue that there is anything which is better than Microsoft's solutions for the workgroup and small business market.
    Of course! The reboot-a-week club and the endless security patches that define the ver MS solutions you describe are just WONDERFUL for business. The TCo of running MS crapware is ridiculous because you have to hire 483 trained reboot monkeys just to keep the crapware running.

    Next, Sun claims they illegally tied IE to the operating system. As noted above, web browsing is now an essential part of the PC expierence; it only follows naturally that it should be included as part of the OS.
    And one you can remove and replace with a competing product if you wish. Which you can't. THAT PLUS THE EXCLUSIONARY CONTRACTS IS THE ISSUE. Keep reapeating that until it sinks in.

    Sun has been milking political sources behind the scenes throughout this whole antitrust situation for their own benefit.
    Oh, and Microsoft's political contributions have remained entirely unchanged during said time period huh? What a bunch of drivel. MS has increased their political contributions on both sides of the aisle EXPONENTIALLY during this time.

    What scares me the most though is the idea that they might be successful. I would dred to live in a world where Sun controlled the desktop and server.
    Like most rational people, I dread to live in a world where ANY ONE COMPANY controlled both the desktop and the server.

    How this guy's post isn't modded as a troll I will never know.

  74. Fix the future, the past is too complicated. by JMZero · · Score: 2

    I agree.

    The problem is, how do you quantify damage? How many OEM's wanted Java, but couldn't do it? How many other companies could have made money if not for the restrictive contracts? Who knows.

    But we can fix the future. Somehow prevent MS from making the contracts, make them pay a fine (to taxpayers), and then who cares about what's bundled with Windows - because OEM's can bundle whatever the hell they want with Windows.

    What would have happened if Sun had not licensed Java to MS, and had instead been going after the restrictive contracts from the beginning. Perhaps they would have convinced OEM's to include their Java VM with Window's machines.

    But I don't think that's likely what would have happened.

    .

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    1. Re:Fix the future, the past is too complicated. by donutello · · Score: 2

      God, is that an ignorant comment. Do you people even bother checking your facts before spewing crap on the boards here?

      Go to Microsoft's java site. I'll quote a relevant statement:

      While the Microsoft virtual machine is not on the Windows XP CD, it is still an integrated part of the product. Customers who upgrade to Windows XP from recent prior versions of Windows can easily and automatically take advantage of their existing Java virtual machine. Customers with new machines or who perform a clean installation of Windows XP will automatically be offered the choice to perform a one-time download of the virtual machine the first time they browse a Web page containing a Java applet. This download is then available for any subsequent applet a customer may encounter. Finally, Microsoft has made its virtual machine available to any PC manufacturer to ship with new Windows XP systems, to save customers even this one-time download.

      OEMs are free to ship the JVM with PCs.

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    2. Re:Fix the future, the past is too complicated. by JMZero · · Score: 2

      I wasn't very clear in my post. It's my understanding that OEM's can include the MS VM, but cannot include one from Sun.

      Of course, that understanding is the product of rumor, as I don't have access to MS OEM licensing.

      .

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  75. Re:Private lawsuits by erasmus_ · · Score: 2

    Right, because "strong private industries" don't own any politicians. Microsoft is the only one. Man, that part where the MS-owned DOJ almost broke up the company was such a great fake show. And yes, I think Intel especially should sue them, I mean MS is putting Intel out of business with their MS Processor division. Please, next time, back up your facts.

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  76. No, I'm still correct by GCP · · Score: 2

    Java is only irrelevant if YOU choose another development platform

    My own choice of Eiffel or Scheme or any other niche player would have negligible effect on the mainstream market.

    Java is a better language than C++ for *writing* client apps, but not for *running* them. Likewise for Swing vs. MFC. The developers love Java/Swing -- I sure do, and I've used them for a lot of personal projects. But the customers prefer the results of development in old icky C++/MFC. I simply couldn't sell a Java/Swing app on Windows against a C++/MFC app with equivalent features. Customers wouldn't buy mine.

    Several big companies with lots of resources have attempted to switch to Java for significant apps such as browsers, word processors, etc. Virtually no successes in mainstream app dev, just in scattered in-house or niche apps -- the sort of things where VB has an edge over C++, and for similar reasons.

    The good news is that C# on .Net may give us the best of both worlds: even more fun to work in than Java, yet feeling to the end users like an app written in C++. Unlike Sun, MS has no qualms about producing a "better way to write Windows apps."

    The bad news is that that benefit may remain limited to the Windows platform (go Mono!), but with Windows accounting for >90% of clients, that isn't going to slow it down very much.

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  77. Re:Boys be Boys by erasmus_ · · Score: 2

    This sounds correct, but I still don't find myself feeling any sympathy for Sun. They're a competitor, and a strong one. First they sued so that Microsoft wouldn't include Java in the OS, and now they're suing because they didn't. MS tried with Java, and Sun thwarted them at every step (remember that MS started working with it even before Sun submitted it to standards bodies). So in XP, MS says forget this, we don't need the hassle this time around, and don't include it. And of course they're in trouble for it again.

    I sure wish I had some Widget Software and could sue MS every time they released their OS without support for my Widgets. I mean, how dare they, they're putting me out of business here! Now every person who wants to use my Widgets has to download them for his or herself, which is costing me DAMAGES. That just doesn't seem right, does it? Please, dear Government, get this popular OS maker to include my Widgets and a link to my widgets.com site on their desktop.

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  78. Re:Boys be Boys by jedidiah · · Score: 2

    Control of the market is still control of the market. It doesn't matter if this control comes directly or through more "indirect" network effects. The fact that "being compatible" is critical in consumer computing is not a fact that can just be glossed over or used to discount Microsoft's control out of hand.

    If you find yourself reaching to freeware to disprove Microsoft a monopoly, you are simply admitting that Microsoft is infact a monopoly.

    "Simple logic" is simply lying.

    KDE and GNOME exist outside of the market. They exist outside of the market due to the problems of competiting commercially against the "most compatible" player. No gratis-ware can be used to refute the existence of a monopoly. The fact that gratis-ware is the most likely competition against the market leader is infact a demonstration that the market leader enjoys a monopoly as defined by the Sherman Act.

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  79. I'm dizzy from the circular logic by GPFCharlie · · Score: 3, Interesting
    OK, first Sun and RealNetworks and everyone else was mad at Microsoft because they kept on bundling technology into Windows at the expense of competitors.

    NOW Sun is suing MS because MS isn't including their particular little technology into Windows?

    Stop the circle, I want to get off.

    Really, where else does this go? Can any company sue MS because they decided to not include something in their OS? I don't see any complaints that you can't install Java on your own, so any enterprise company that wants a Java solution on MS platforms can do it, it's just not bundled.

    This is a load of horse-shit IMHO. If you want to accuse MS of abusing its monopoly power by bundling technology in, then fine. But don't tell me that their competitors can dictate what non-MS technologies have to be included in an MS product! That's the exact opposite of a market system!

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  80. Re:Great ... ten different versions of Windows by pgrote · · Score: 2

    Not flamebait at all. I don't want to have a day when I go to buy software I have to look and see if it's HP Windows, Dell Windows, Sun Windows, etc.

    Yes, I did forget Tandy DOS. Sorry :-)

    As for being an MS Apologist and thowing up their same arguments ... I'm not. I just happen to like the fact the industry has been standardized. I know that's not a popular opinion, but I don't think it's flamebait at all.

    And yes, what Microsoft did to DR DOS sucked. I remember finding out about that when I tried to install 3.1 in a compnay who solidly was using Novell products. Quite a shock.

  81. Re:Boys be Boys by jedidiah · · Score: 2

    Sun has a different cause of action actually.

    Also, if they feel that they are being harmed by Microsofts actions they have every right to file suit. Such suits are how accoutability is maintained. Also, they have reason to believe that the government will not do their duty in the current cases, despite a sustainted guilty verdict, due to polictics.

    Criminals should not get away with subsquent offenses merely becuase an inneffective prosecution is already underway by an administration friendly to the sort of criminal in question.

    Tolerance of Microsoft is just a tip of the Monopoly iceberg created by Reagan-Bush-Bush.

    Gates was just too stupid to keep a low profile.

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  82. The market's answer to monopoly power? by swb · · Score: 2

    It'd be too bad if suing a putatively abusive monopolist became the market's self-adjusting technique for dealing with monopolies -- just suing them to get a payoff which is enough to benefit you but doesn't correct the monopoly or actually punish them that much.

    I mean, what kind of a lawsuit that paid out in cash could actually *harm* Microsoft? $1 billion? 5? 10? 100?

  83. The meaning of treble damages by Spoing · · Score: 3, Informative
    Here's the meaning of treble dammages to Microsoft.

    According to Microsoft's latest filings, they have about $38,229,000 USD in either cash or short term investments. Corrections appreciated, but to me that sounds like moderately liquid assets.

    Let's say we forget about those additional assets awhile, and focus only on new profits. For the last four quarters ending in December 2001, they announced a total of $26.91 billion. This amount of profit is above the previous year by a minimum of 10% in each quarter.

    So, let's say that Microsoft looses two major cases -- Netscape (AOL/TW) and Sun -- and that the courts have no patience or mercy and award $2 billion each for a total of $12 billion. Let's also say Microsoft makes no effort to fight the settlement, and they fork up the $12 billion in installment payments over a span of 12 months.

    At the same rate as last year, keeping it at a modest 10% growth rate, MS's profit would have grown to around $29.60 billion or a little over $81 million a day.

    That means that at Microsoft's current rate, they would hand over the profit from the first 148 days of 2002 -- ending just before June kicks in.

    No doubt, that's a lot of ifs. Chances are any settlement will happen years from now, and will be much more modest. Also, this does not touch the short term investments and liquid assets -- only the new profits and only using the fictional example up till June.

    Corrections, additional calculations welcome.

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    1. Re:The meaning of treble damages by LoseNotLooseGuy · · Score: 3, Funny

      So, let's say that Microsoft looses two major cases

      While I completely agree that Microsoft wields far too much power, I don't believe they have the means to let loose or release any cases against them. On the other hand, they could potentially fail to win their cases. The word you were looking for is loses.

      Congratulations! You have been participant #50 in my campaign to rid Slashdot of this error.

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  84. Re:Damages sought after .. by erasmus_ · · Score: 2

    I also love the fact that Sun wants MS to:

    1) Stop bundling .NET
    2) Start bundling Java

    Let's think about this for a second. Microsoft should make all their technology available only as a separate download, but Sun's technology should be integrated and available in Windows?

    I could also understand the argument of unbundling IE, I guess you could have an OS without a browser (nowadays, we'd call that crippled software), but .NET Framework is a development technology. How do you unbundle that? Always make 2 versions of your programs, ones that use COM and ones that use .NET? This is absolute bollocks. Sun is scared of .NET and wants to use this lawsuit settlement as a chance to give Java a boost and set .NET to fail. Perhaps we can let the marketplace sort this out.

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  85. Re:Boys be Boys by erasmus_ · · Score: 2

    Criminals should not get away with subsquent offenses merely becuase an inneffective prosecution is already underway

    Hmm, perhaps you have called of this little document called The Bill of Rights? They kind of added it to the Constitution after the fact, so you might have missed it. Let's see...

    Amendment 5: Grand Jury indictment required to prosecute a person for a serious crime. No "double jeopardy" -- being tried twice for the same offense. Forcing a person to testify against himself or herself prohibited. No loss of life, liberty or property without due process.

    I think the "no double jeopardy" part invalidates what you said. This isn't a subsequent offense Sun is discussing, it's still the same IE bundling crap (because we all know an operating system is only meant to open and close file handles and load VGA drivers, web browser functionality should not be included). Of course they're also tacking on the .NET accusation, b/c that's brand new, but this is still the same case that's been dragging on for years.

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  86. Oh you're right... by BLKMGK · · Score: 2

    Those that are really serious about hacking Microsoft products need to see the source code in order to figure this out don't they? Let's just hide it away and keep building products based off of it - it'll be secure that way won't it?

    Don't kid yourself. If you think that looking at the source code is all that it would take to force your servers to replicate with a hacked BDC then perhaps you shouldn't be running NT. Look at what the SAMBA group has done with regards to reversing NT's mechanisms, do you really think that someone else wouldn't be able to do that if there was only something obsfucated hiding the problems? Did the SAMBA group have access to soource? Nope! You've got the source for Linux available to you and everyone else yet for some reason the result hasn't been massive failures but rather betterment of the code.

    Hiding problems isn't the way to secure a machine, you sure you don't maybe work for Microsoft? You certainly sound like you might. Microsoft would love nothing more than to keep their security issues out of the public eye. That will do nothing but drive exploits underground - not that he DMCA hasn't already contributed greatly to that very thing (sigh).

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    1. Re:Oh you're right... by erasmus_ · · Score: 2

      No, I don't work for Microsoft. And I didn't say it would create vulnerabilities where there were none before (I knew someone would bring some up), but rather that this would introduce new ones, inevitably. Yes, I know Linux is all open and it gets better code - they're different models of developing software. Unless everyone is going to fix MS's code for them and submit it back to them, and we're all going to be recompiling our NT kernels every few weeks, opening up their source is a bad idea, especially for systems used in production and high security environments.

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  87. Re:Boys be Boys by erasmus_ · · Score: 2

    Well, I'll stand by what I said. I do believe that Sun had a point about MS creating this bastardized version you mention, and they got what they wanted - MS stopped supporting it.

    At the same time, while most on here will say that MS was doing it to get Java to fail, I understand why they did it. We all know native code is faster than interpreted. MS was getting comments from most Windows developers saying "What the hell is this? How am I supposed to use J++ instead of VB or C++ when the stuff it produces is so slow?" So they added a possibility of making it native.

    Yes, they broke the cross-platform nature, but how about a wild example. I lease a car from a company, but instead of using it for driving, I take off the wheels and try to resell it as an exotic paperweight. I don't think any of my buyers would buy my paperweight if what they really wanted was a car - they'd go back to the original company. People programming J++ wanted fast native code, but liked Java syntax, and they were denied that.

    Of course we can look to even more rehashing of this mess when MS adds J# support to the .NET Framework later this year. Which is once again meant to produce potentially native code using Java syntax, but I would put forward that there's really nothing wrong with that.

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  88. Re:Wrong, but thanks for playing by jedidiah · · Score: 2

    Until there is a level playing field, your arguments are simply fantasies. One should expect a MUCH better product from a company that has money to burn.

    Since Microsoft has an unfair advantage against AOL and Sun, employing lawyers to level the playing field is not at all unreasonable.

    Sun still builds servers that puts anything that runs WinDOS to shame. You short SUNW at your own peril.

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  89. Re:Boys be Boys by Sj0 · · Score: 2

    How about fraud, like when Bill Gates told IBM that he had an OS ready for the IBM XT when he didn't, so he went out and bought QDOS? How about purjury, a crime which they have admitted to, in the videos showing Windows 98 falling apart (supposedly without IE), where the tapes were just faked.

    The reason for this antitrust suit is that the consumer doesn't have a choice. If the collective consciousness of the US were to decide that Microsoft were terrorists or something tomorrow, there wouldn't be a consumer-level OS waiting for them. MS killed them all. Now they have a huge market share, and they continue to use the same tactics to quash competition, and there are foolish naieve fools like yourself going "why? They commited no crime! Why are they being punished for being successful?"

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  90. Re:Reason: Sun is losing market share and money. by bryanbrunton · · Score: 2

    Man, you are smoking some good stuff. I don't know which of your fantasies is crazier:

    (1) J2EE, which currently dominates the Enterprise software market, losing out anytime soon to .NET.

    (2) Itanium rescuing itself from its current death spiral.

  91. Re:Boys be Boys by Sj0 · · Score: 5, Interesting


    KDE and GNOME exist outside of the market. They exist outside of the market due to the problems of competiting commercially against the "most compatible" player. No gratis-ware can be used to refute the existence of a monopoly. The fact that gratis-ware is the most likely competition against the market leader is infact a demonstration that the market leader enjoys a monopoly as defined by the Sherman Act.


    I was suprised when I read this. It's not often an attitude shown on slashdot, but it is true. When it takes a completely free OS, with tons of completely free Applications, and free access to the source code of all these Applications, to get a tiny 1% market share, the market has failed miserably. I have tremendous respect for Linux and it's supporting projects, but it isn't a good example of how the market isn't being monopolized. BeOS, a commercial project which showed incredible potential, and had even met some of that potential(and I'm running it right now), on the other hand, is a good example of how it is monopolized.

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  92. Re:Why must M$.... by (void*) · · Score: 2
    If MS does not want to support Java, then Sun should be entirely free to make deals with OEMs to include a version of their JVM on new computers.


    Can OEMs indeed do this, without getting stiffed by MS? Why are those licensing deals trade-secrets?

  93. Re:Boys be Boys by Sj0 · · Score: 2

    First they sued so that Microsoft wouldn't include Java in the OS, and now they're suing because they didn't.

    No, first they sued MS because MS was trying to pull and "embrace and extend" on their language. MS is famous for this tactic, of embracing a standard, then extending it to be a MS only standard. If they hadn't sued then, Java wouldn't exist in a form we'd recognise today.

    Now, they sue MS for removing Java from their OS because it's obviously meant as a way to destroy Java. MS is trying to displace Java using their .Net architecture and C#. Once again, if they don't sue, Java will not exist in a form we can recognise in the future.

    They became a strong competitor by staying under MSs radar. Now that they are one, it is only intervention by the US Government which keeps them from being taken out by MS.

    I know in your little world of Linux, KDE, StarOffice, where you don't have to put food on the table, and MS isn't trying to destroy you at every turn, it's easy to say "oh, those competitors are just poor losers! They shouldn't try to sue anyone!". In the real world, when one company has a hugely unfair advantage over it's competitors, those competitors can't just lay down and say die. They must use whatever force, including the courts, to survive.

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  94. Re:Boys be Boys by erasmus_ · · Score: 2

    Let me comment on some of what you said, from my "little world."

    they hadn't sued then, Java wouldn't exist in a form we'd recognise today.

    So, if they forked Java development, Sun's branch would have surely died? It might have definitely added confusion to the mix, but you don't see any scenario where native apps would continue running on Windows, and cross-platform apps would not use Windows native performance extensions? You make Java sound pretty weak by saying it would have died over this.

    Once again, if they don't sue, Java will not exist in a form we can recognise in the future.

    Well, gosh, things just keep getting worse, it sounds like. So the only thing keeping Java on the market is lawsuits, according to you? I'm hearing "If Sun doesn't keep suing, Java will die." Hmm, it's a pretty well established technology, let's give it some credit. I know it's easy to forget that market forces can allow technologies to survive or fail, why with daily lawsuits, but .NET and Java can coexist, although most likely not peacefully. If the only thing that allows Java to survive is to get MS to bundle it with Windows, then it doesn't deserve to survive (but of course this is not the case).

    Actually, in rereading the last 2 paragraphs, I really can't tell if you're joking. If you are, I didn't mean to respond with sarcasm. If you weren't, well ... I'm glad MS isn't trying to destroy me in my little world of "Linux, KDE, StarOffice."

    --
    Please subscribe to see the more insightful version of th
  95. Re:Boys be Boys by erasmus_ · · Score: 2

    I can already see the "but Microsoft is a criminal!" responses to your post, though not from me. You might have been right if the only thing Sun seeking is cash. But they're not - check out what they're seeking, including getting government to force MS to include Java with the OS, open up their source code, and "unbundle" .NET (which is like saying, please unbundle use of C++ and DirectX). If that's not "looking for legal action," I don't know what is.

    --
    Please subscribe to see the more insightful version of th
  96. Re:Eh, tell me when it's a class action suit by Chris+Johnson · · Score: 2

    Hey, I already do that, but when they can go to my vendor and say "Kill quicktime- yes we want you to 'knife the baby', and by the way you need to kill that Cyberdog stuff and support only IE- here's a bunch of system extensions to build into your operating system to 'support' it... have them installed as default"... then trying to use another vendor is obviously not enough.

  97. Important: THE BIG DIFFERENCE by N8F8 · · Score: 3, Insightful
    When comparing Sun to Microsoft.

    Sun want's to be a monopolist (or at least a market leader).

    Microsoft IS a monopolist.

    So behaviour in one company can be considered being competitive. In another anti-competitive.

    --
    "God fights on the side with the best artillery." - Napoleon, Marshal of France - speaking truth to power
  98. Re:Boys be Boys by dhogaza · · Score: 2

    That applies to crimes, not civil actions. In fact it says "crime" right there in your post.

    This is why, for instance, OJ was the subject of a civil suit (which he lost) after being acquitted in criminal court.

  99. Re:Boys be Boys by Sj0 · · Score: 2

    Maybe I'm just too cynical in the market after seeing so many promising platforms taken out by MS. It does seem to me that the only way to survive in this marketplace after you've been targetted by MS.

    Maybe I'm just getting old.

    --
    It's been a long time.
  100. Re:Boys be Boys by Sj0 · · Score: 2

    My point, all I'm saying, the reason I wrote all that junk, is that the state of the industry makes it a very fragile business, staying above water, these days in the tech industry. Whether or not my predictions are correct, they certainly have been proven accurate in the past with MSs other competitors(most of whom are long dead). Sure, it's easy to say that Java will survive, but in practice, something like this is often enough to put a competitor over the edge. It's foolish to be saying that sun shouldn't be suing, since they are among the oldest survivors of this fight.

    --
    It's been a long time.
  101. Actually it's the other way around. by Otis_INF · · Score: 2

    With J++ 6, MS pushed Java as _THE_ language to write COM components in, which were then compiled to native code. Sun filed a lawsuit, J++ got castrated and MS pushed VB forward as the language of choice to write com components in (for n-tier apps), with all the drawbacks.

    I still find this THE missed oppertunity for Sun to win the Win32 developer for their camp. Sun didn't want MS to just use the LANGUAGE java and leave the PLATFORM java behind. Well Sun... big mistake, and after years of urinating MS in the face, it's finally over: .NET is here, and all that's left is the courtroom... or at least it seems that way.

    Too bad... J++ was a great RAD tool for writing fast com components without the overhead of C++ and without the drawbacks of VB. :(

    --
    Never underestimate the relief of true separation of Religion and State.
  102. Re:Boys be Boys by donutello · · Score: 2

    I was suprised when I read this. It's not often an attitude shown on slashdot, but it is true. When it takes a completely free OS, with tons of completely free Applications, and free access to the source code of all these Applications, to get a tiny 1% market share, the market has failed miserably

    Or it could mean that Linux applications are a pile of horse-shit where the developers are too stupid to even go out and see what their users actually want in terms of usability...

    Just a suggestion.

    Take Lego for example. A lot of other companies have come up with their own block-like toys but to my experience they just do not approach the quality of Lego blocks. I, and several others, willingly pay more for Lego bricks than we do for the imitations. Is that a sign that the market has failed? I think not.

    --
    Mmmm.. Donuts
  103. Re:Reason: Sun is losing market share and money. by Zeinfeld · · Score: 2
    Man, you are smoking some good stuff. I don't know which of your fantasies is crazier: (1) J2EE, which currently dominates the Enterprise software market, losing out anytime soon to .NET. (2) Itanium rescuing itself from its current death spiral.

    Letsee, I predicted the rise of the Web in 1992, that the Interactive TV model would fail 1993, that the established retailers would see off most of the etailers 1994, that the supermarket distribution model would kill Webvan et al, 1995. All of which was against the general consensus of the day.

    The risk to J2EE is very real. Microsoft's CLI technology can run Java faster than any JVM. No amount of JVM tweakage can make up the difference, CLI is simply the intermediate stage of the standard C++ compiler and contains all the optimization info needed to make the highest performance code. Expect a rash of server adverts benchmarking a .NET server against J2EE.

    Itanium is only having difficulty because there is diddly squat to run on the chip. Once Itanium can run everything that x86 can it will wipe the floor with the older architecture.

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
  104. Re:This has to stop. by r7 · · Score: 2, Insightful

    I know it's a waste of time replying to such empty Rhetoric, like most /. posts by paid for by M$.

    >Sun is fighting MS now for several years, but not on the front of great softw

    Java's not great software? StarOffice isn't? Solaris isn't? Looks like your definition of great software is limited to M$.

    >Sun: put your money where your mo

    That's exactly what they're doing, and in the best possible way. M$ monopoly is the worst
    thing that ever happened to computer users. Just look at how it has stifled browser development, word processor development, and spreadsheet development. Look at the loss of security and privacy that M$ users are forced to endure. There's nothing Sun could do to address these issues that M$ couldn't leverage their monopoly and defeat.

    The issue is anti-trust. The issue is a level playing field. The issue is an open markplace. Bravo to Sun for sticking to these basic goals and looking out for consumers where nobody else has.

  105. Re: Hidden Interfaces by Slothrup · · Score: 3, Informative
    I think they want to check to see if the CLR is based on the "illegal" Java VM they sued to have MS stop developing.

    Microsoft wrote their own JVM, and therefore owns its source code. Sun didn't sue Microsoft because of theft -- they sued to protect their trademark. Even if the CLR could directly run JVM bytecode, Microsoft could legally redistribute it. They just wouldn't be able to use the name "Java" for it.

    --
    The difference between theory and practice is that, in theory, there is no difference between theory and practice.
  106. Shaking head on this one! by MtViewGuy · · Score: 2

    I think the whole case is a silly one, considering that one of Microsoft's goals with .NET is that you can write .NET apps even with Java--and I mean the real Sun-certified Java.

    Think about it: can you run Sun's own JDK's in Windows XP? Sure you can. Indeed, Sun's Java VM can be easily installed into Windows XP--and Sun even provides a web page to do so.

    And the way that Sun tried to get ISO and ECMA certification for Java turned into a major joke, if I remember correctly. Javascript became popular because Netscape allowed it to become the open ECMA-262 standard.

  107. You're confirming my point by GCP · · Score: 2

    You seem fond of Windows technology - to each his own. Enjoy the embrace of Mr. Bill. I would rather be outside of the pack.

    Using Java/Swing for client-side apps is indeed outside the pack, which is my point. The pack tends to use C/C++ for widely used client apps and VB for large numbers of narrowly used (custom or niche) client apps. Java/Swing is anywhere from a minor player to virtually nonexistent, depending on how you choose to define popularity.

    I regulary attend JavaOne, and even there the buzz around AWT or Swing-based apps faded years ago. Like most Java developers, I'm disappointed at how much of a flop it has been for client-side development. Using Swing as your preferred client-side technology is outside the pack, even among Java developers.

    --
    "Those who have never entered upon scientific pursuits know not a tithe of the poetry by which they are surrounded."
    1. Re:You're confirming my point by Malcontent · · Score: 2

      I think java on the client is about to make a big comeback. Machines are faster now, the JVMs are faster too. Recently I downloaded jedit (jedit.org) and I have to say I just love it. It's the best windows editor I have used so far. I am amazed at how well it runs.

      Don't count java on the client out yet.

      --

      War is necrophilia.

  108. Re:At least in my case M$'s Java removal has been by EnglishTim · · Score: 2

    To be honest, that's what you get for using a proprietary language wholly owned by a particular company.

    Java is not an open standard, which is why Sun was able to sue Microsoft over Microsoft's implementation, as they had licensed the technology.

    It shouldn't be suprising now that MS wants to stick with its own homegrown alternative.

    Hint to Sun: If you want people to pack your technology - it might be a good idea to to sue them.

  109. Hmm: OSF to sell licenses???? by darkonc · · Score: 2
    According to a friend of mine, it's illegal to sell a computer without an OS license. . . . . The result is that (in the US) it's viciously difficult to get an Intel box from a large-volume seller that doesn't have Windows pre-loaded on it.

    Erg:
    It just hit me: The OSF and/or Gnu should sell software licenses. Like: real licenses, with the hologram seals, serial numbers and everything... They chould shrink-wrap thim with a copy of the GPL and they should do all the administrative work of keeping track of them.

    That's right -- Licenses to use free operating systems. The end-user would then be free to {,buy and} install the free OS of {his,her} choice.

    {gnu,osf} could sell them to OEMs for $10 a piece. It would do two things:

    • It would help pay for OSF work, and
    • it would give people a well-documented way to get around the License-per-CPU MicroSoft tax.
    • (I can't count.) It would also provide a way to more accurately gauge how many Gnu boxes were being shipped.
    I can think of people who would buy a copy of the license just on principle.
    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  110. Re:Boys be Boys by Prior+Restraint · · Score: 2

    (please don't troll me on this, just look at how much it cost them and how much it affected the stock)

    I'd just like to point out one little thing about the stock price. Although people who support MS will sometimes pull out the fact that the stock price has suffered ever since the original verdict, they often overlook the fact that none other than Steve Ballmer stated back in 1999 that their stock was overvalued.

  111. Re:Boys be Boys by buggered · · Score: 2, Interesting

    I can, right this very minute, go out and get any number of alternatives to their products for a wide variety of prices.

    You are saying that you can go down to CompUSA, K-Mart, Wal-Mart, Ultimate Electronics, Sears or any other national retailer and buy a big name brand (IBM, HP, Compaq, etc.) desktop or laptop computer with "any number of alternatives" OS on it? I don't believe it at all! You must be shopping on some other planet. Excluding Apple, I have NEVER seen in ANY national retail store, ANY name brand PC with any OS except Windows. In fact I have asked several times if I could buy a PC without an OS on it and you can't even buy that. Until I can walk into Sears, K-Mart or Wal-Mart and buy a PC running Linux, BeOS, OS/2 or *BSD on it, Microsoft has a Monopoly.

    Using exclusive contracts and binding OEMs to license argreements may sound odious, but those companies didn't have to sign them.

    No, they could have chosen to go out of business instead.

    They could have taken their business elsewhere.

    Where else are they going to take their business? They can't sell enought PC's to stay in business, until there is a competitive OS that has enough users to sustain it. There aren't going to be enough users of an OS, until there are enough Apps for it. And there aren't going to be enough Apps for it until there are enough users to make it worthwhile for the developers.

    The only way then for a competitor to Windows to break into the biz is to do what Be tried to do. Get a hardware manufacturer to put your OS on a machine alongside of Windows, until you have enough users for the developers to start making apps. Then once you've got the ball rolling and you have enough users THEN you have a viable alternative to Windows and the hardware manufacturers can tell Microsoft to stick their contracts.

    But the thing is that all Microsoft had to do to maintain their monopoly was keep the hardware guys from ever putting another OS anywhere near a PC (as they did with Hitachi and Be). If you can enlighten us as to how Be could have (or any other alternative OS can) break into the market, I and many others would really like to hear it.

    There is NO WAY you can convice me that there isn't a market out there for a competitor to Windows. Of all the people I know (most of them are in the computer business), I can count on one hand how many of them claim to like Windows. Wheras, I know a hundred or more who would drop Windows like a rock if they had a viable alternative. For an real good laugh (at Microsoft's expense) scope out the Operating System Sucks o' Rules Meter. That alone is enough to convince me that there is a market for an alternative to Windows, if somebody can stop Microsoft from continuing their monopoly maintaince tactics.

    Finally, I want to say that choice is a *GOOD* thing. When there is no competition, there is no incentive to create a quality product. In fact it's quite the opposite, if there is no other choice they can keep selling you buggy version after buggy version because that's how they make money and you have NO other choice but to keep buying the upgrades. I firmly believe that if Microsoft didn't have *BSD and Linux breathing down their necks, Windows would be every bit as buggy and unreliable as it has been for years. (I'm talking about servers here.)

    Personally, I think it's great that everybody is lining up to take a swipe at Microsoft. Bill and CO. have cheated their way to the top and they deserve every blow. I especially hope that Be gets a huge chunk of change from Microsoft, because it was truly a crime the way Bill & Co. deprived the world of an excellent computing platform.

  112. Re:And where is the damage for sun? by MidKnight · · Score: 2
    Did you even read the story? Or did you just impulsively press the 'Reply' button with a hope to see your name in lights? Sorry to be blunt, but please make a little effort before you post.

    Here, I'll make one for you:

    • Tell me, HOW can a big-iron selling company, solely based on UNIX services, with a core business of selling solely hardware plus services on that hardware, get damaged when MS includes a browser in their OS?

      The suit is less about the choice (or lack thereof) of a browser, and more about MS attempting to use their current monopoly in the desktop computer market to get a monopoly in other markets (Server OS's, Web Service Applications, et. al.). Ever heard of .NET? Hmm??

    • Furthermore, HOW can MS hurt Sun by not including java into their browser, while Sun declared a settled lawsuit last year a 'victory' when that lawsuit was actually stating that MS should not create NEW versions of the JVM (so, on windows people could only use 1.1 applets, pretty crap) and should leave Java after 7 years ?

      Pretty crappy is right. Sun declared that lawsuit a victory because it stopped MS from writing illegal extensions of the Java language that would only run on Windows platforms. If MS had been allowed to do that, they would have used their desktop monopoly to effectively break one of Java's best features: platform independence. Microsoft plainly violated their Java licensing agreement, and Sun had to take them to court to prove that.

    • I won't even mention the native solaris thread code in the Sun JVM, so it cheats as much as the MS jvm did.

      Um, yeah. Every modern VM uses native threading code... that isn't considered cheating. Have a look at IBM's VM -- its threading performance is even better than Sun's, yet I guarantee you won't see a Sun -vs- IBM suit over that. As I mentioned previously, that law suit was over MS's breach of the Java license.

    For a decent summary of the suit, have a look at CNET's News.com coverage. The FAQ there covers the basics.

    --Mid

  113. Re:Java and Linux, so much unfulfilled promise by elmegil · · Score: 2
    Sun was justified by fearing Solaris would die (it still will, it'll just take longer)

    Care to back this up with some real thoughtful explanation, instead of the imminent demise of Unix(tm) conspiracy theory that's been floating around for ages now?

    Maybe you mean Linux, whose lead kernel developer has no interest in making his kernel scale to more than a handful of processors, is going to kill Solaris, which scales well over 64 procs? I hardly think so. Every tool has its use, and Solaris stands alone in its class at this point. Anyone who was previously a real competitor has folded or gotten Linux religion--a religion that makes no more sense than any of the others and just provides one more way for people to stick their fingers in their ears and go "la la la I'm right, you're all wrong."

    --
    7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  114. Re:What? by elmegil · · Score: 2
    Sun (and virtually anyone else, including me) probably would do what BillG has done, given the same opportunity.

    Let's see...

    Sun has lots of licensing/partnership agreements with VAR's big & small. I don't recall ever hearing one of them that said "You can be a VAR for us, but you can't sell any other equipment by any other vendor, nor any other software that does the same stuff that we do." Let's see, VARs are selling Veritas Cluster Server, a direct competitor to Sun Cluster, all the bloody time. Do we spank them for doing this? Do we force them to stop selling our equipment? No.

    Tell me again about opportunities and why Sun doesn't take them?

    --
    7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  115. Re:Out of court settlements and private negotiatio by Thing+1 · · Score: 2
    Of course someone would need to take over this company first, ...
    Anyone out there from IBM or AOL interested?

    Don't forget BeOS is currently at 10 cents a share. There's one week left before they delist, so if you want in on the settlement, start buying.

    --
    I feel fantastic, and I'm still alive.
  116. Re:It's clear now. by spectecjr · · Score: 2

    Great post. It's clear now and I have you to thank. You've really helped out alot of people with your little tutorial on programming.

    Thanks. I hope so.

    Now, it's past your bedtime little troll.

    Oh you were being sarcastic. Well, gosh, I guess you got me good, huh?

    I take it all back. Optimizing to the underlying architecture using standard (if you read Richter, or the Addison Wesley system books) is obviously not going to give you performance improvements. How silly of me for even thinking such a thing, or knowing such a thing because I've DONE it in my own apps.

    Simon

    --
    Coming soon - pyrogyra
  117. Re:But Java's API's suck by Malcontent · · Score: 2

    That's got to be one of the most incoherent posts I have ever read.

    I wrote a simple server in under 50 lines of code. I wrote a mass mailer in about the same number of lines. And I didn't even pay for any components. BTW nobody sells VBXs anymore that was VB3 technology.

    --

    War is necrophilia.

  118. Re:Boys be Boys by Sj0 · · Score: 2

    ...And when linux, with it's faults, is Microsofts nearest competitor in the OS market, and, despite being completely free, is still hurting badly in market share, the market has failed.

    Way to get an ignorant stab at linux there. Despite the fact that you obviously have no clue what I just said up there, good work. So what if I was talking about market forces and not Linux. Good work nonetheless. Maybe while you are bitching about Linux's terrible UI, you could check out the other OS I mentioned? BeOS blows Windows away in the UI department, especially in terms of consistency. It's just that ignorant folks like you assume that every alternate OS out there uses a 9x shell lookalike.

    --
    It's been a long time.
  119. Re:What? by GSloop · · Score: 2

    Perhaps you didn't see my earlier post.

    How Lew Gerstner at IBM?

    If he was a self-important prick, he certainly didn't let that image show to the outside world...

    Just wondering what your reaction might be...

    Thanks again,
    Cheers!

  120. Re:But Java's API's suck by Malcontent · · Score: 2

    "But spent one day per line? I am arguing mostly about total programming effort, and not resulting lines-of-code. "

    What kind of a programmer spends one day per line? Usually the efficiency of a programming language is measured in lines of code.

    "I have also written a Spam-A-Tron using Xbase in about 50 lines of code. (I felt guilty about automating spam, but that was the biz at the time. Also, the Xbase called a command line IIRC to do that actual sending.)"

    Well duh! anybody can write it in 50 lines if they has an add on. I could do it in 50 if I had an OCX in VB too. The point is that this is all built into java.

    "Sorry, I should have said "OCX" or something, but MS keeps changing the name every year or so based on their rapidly rotating buzzmarketing tactics and thus I lost track."

    Well they have to do that to keep VB programmers forking over the dough. The poor suckers fall for it every time too!

    --

    War is necrophilia.

  121. Re:Out of court settlements and private negotiatio by frank249 · · Score: 2

    Better late than never. Here is the text of the agreement not to sue from Corel's 8K on sale of prefered shares to Microsoft:

    4. Covenant Not to Sue .

    Subject to the terms and conditions of this Section 4, Microsoft
    covenants to Corel that neither Microsoft nor any of its Affiliates
    shall sue Corel based on any claim that current or past versions of
    Corel Office Professional or Corel WordPerfect Suite (and successor
    Corel WordPerfect office productivity products) (collectively,
    the "Covenanted Products") infringe Microsoft's U.S. Patents
    5,510,980; 5,272,628; 5,287,514; and 5,437,036. This covenant is
    personal to Corel and may not be assigned or otherwise transferred
    (including without limitation by operation of law) without the prior
    written consent of Microsoft, and any attempted assignment or other
    transfer without such consent shall be void and of no force and
    effect. All obligations of Microsoft and all rights of Corel under
    this covenant shall continue until the last of the patents described
    above expires, provided that all obligations of Microsoft and rights
    of Corel under this covenant shall automatically terminate with
    retroactive effect upon the occurrence of any of the following: (i)
    any attempted assignment or other transfer of this covenant without
    Microsoft's prior written approval, (ii) a Change in Control; (iii)
    the commencement of any legal proceeding by Corel or any of its
    Affiliates against Microsoft or any of its Affiliates alleging patent
    infringement, antitrust violations or anti-competitive conduct; (iv)
    breach by Corel of any material term of this Agreement; and (v) any
    sale, assignment or transfer, directly or indirectly, of the
    businesses and/or assets related to the production and sale of any of
    the Covenanted Products. The foregoing covenant does not constitute a
    patent license to Corel, and except as explicitly set forth above,
    Microsoft does not, directly or by implication, estoppel or
    otherwise, grant any other patent covenants or patent rights under
    this Agreement. Further, the foregoing covenant does not constitute a
    license under, or assignment of any interest in, any copyright or
    other intellectual property of Microsoft.

    5. Compromise and Release of Claims .

    Corel and its Affiliates and predecessors in interest (to the extent
    that Corel has a legal and/or contractual right to bind such
    entities), in return for good and valuable consideration, the
    sufficiency of which is hereby acknowledged, hereby release and
    discharge Microsoft and its Affiliates, and the present or former
    officers, directors, employees, representatives, agents, trustees or
    other legal representatives, successors and assigns of each of them,
    of and from any and all claims, counterclaims, actions, causes of
    actions, suits, rights, debts, obligations, damages, liabilities, and
    demands that each of them ever had or has, in law or in equity, known
    or unknown, from the beginning of the world through to the Effective
    Date of this Agreement (the "Corel Claims"). Corel represents,
    warrants, and acknowledges that it has not relied on any
    representations of Microsoft in entering into this Section 5 or in
    releasing and compromising the Corel Claims. Corel and Microsoft
    further agree that this Release and the Covenant Not To Sue set forth
    in Section 4 hereof, as well as the other terms of this Agreement,
    are a compromise of the Corel Claims within the meaning of Federal
    Rule of Evidence 408, and shall constitute full satisfaction of the
    Corel Claims.

    --

    Today's vices may be tomorrow's virtues.

  122. Re:But Java's API's suck by Malcontent · · Score: 2

    It's becoming obvious to me that you have no idea what you are talking about.

    If you are unable to to use the JAVA API then fine. Apparently millions of other programmers are able to do just that without problems including me. This is a shortcoming with you and not the programming language.

    Also there is a huge difference between "this call is depreciated" and this VBX that you paid 500 dollars for does not work at all. Again you don't seem to be able to tell the difference.

    --

    War is necrophilia.

  123. Re:But Java's API's suck by Malcontent · · Score: 2

    "Perhaps, but why is the OCX approach simple for me but the Java approach not? IOW, why am I allegedly brain-damaged under one but not the other? You have not explained the inconsistency."

    I have no idea why you are not able to grasp java. Only you can answer that. Considering that there are millions of java developers all around the world it is obvious that the reason is not java itself. If people of different colors, races, languages, religions, cultures, and world views can grasp the fundementals of java then I'd say they are on to something. I am not saying you should be ashamed or anything it's just that you can't grasp it. I can't grasp baking a pie that does not make me dumb either. People are just wired differently.

    "Is the choice being married to MS or married to Sun? They are both mud-crawling greedbags. "

    Not true on both counts. First of all you can JVMs from IBM and MS not to mention open source ones. So no you are not married to sun. Secondly I'd say on the evil scale MS is much more evil then sun. At least sun has not been convicted in court twice. That's not to say that sun is "good" like mother theresa just not as evil. In a very real sense you are choosing the lesser of two evils. If you really want to be on the side of good you'd get a job programming in an open source language like python, perl, php, ruby etc. Open source is the good in this case.

    --

    War is necrophilia.

  124. Re:But Java's API's suck by Malcontent · · Score: 2

    "BTW, how come there is no open-source VB? I once heard of a project called something like "Arizona", but never found it."

    Most likely this is due to several factors not the least of which are patents MS holds. And to be fair who would build VB from scratch? It makes no sense when you have perl, python, java, c#, delphi to clone VB. Even MS ditched VB in favor of C#. They introduced VB.NET which is nothing but a baby step to wean VB developers to C#.

    There was a project one time called envelope or something but it didn't go anywhere.

    --

    War is necrophilia.