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MS Exec Testifies In Favor of OS Manipulation

Niscenus writes: "The NYTimes, where free registration is required, reports that a Microsoft VP, Christopher Jones, explains that Microsoft must be allowed to prevent competitors' programmes from being installed for the consumer's best interest. Most interesting quote: 'In his written testimony, Mr. Jones said the states' proposals would confuse consumers, enabling competitors to cover up icons like the "Start" button on the Windows desktop screen that consumers use to navigate and even allowing a competing operating system like Linux to start up instead of Windows.' Any dualboot LiLo user who learned they can't defrag the hard way can understand this ..."

18 of 636 comments (clear)

  1. Well. That throws me off the fence. by CashCarSTAR · · Score: 4, Insightful

    I was once in favour of some sort of moderate compromise. Allowing OEMs more leeway with what they can do with th OS and eliminating anti-competitive activies from MS at a sales level. (The "MS-tax", punishing alternative OS, etc.) After reading that, maybe we need to disband Microsoft, take the source code and OSS it. Not so much from a consumer standpoint, but if this the official MS line, then maybe MS shouldn't exist.

    1. Re:Well. That throws me off the fence. by dalassa · · Score: 5, Insightful

      It is somewhat akin to saying a GE refigerator can prevent a non-GE toaster in the same house to protect the homeowner. People are losing sight that a computer is a tool on which programs are loaded. No where does it say that one appliance should dictact your other appliances, nor should one piece of software dictate what other software can run.

      --
      Feminism is the radical notion that women are people.
  2. Arrogance by Sean+Clifford · · Score: 4, Insightful
    Their arrogance never ceases to amaze me. It's pretty clear that massive companies are beyond the law. Enron, Microsoft, whoever - if you're big enough and rich enough you don't have to be bothered by pesky lawsuits. Sure, there needs to be some kind of proceeding to ensure that "fairness" is given lip-service.

    I'm completely disgusted.

  3. I don't know what to think. by mesozoic · · Score: 4, Insightful

    In his written testimony, Mr. Jones said the states' proposals would confuse consumers, enabling competitors to cover up icons like the "Start" button on the Windows desktop screen that consumers use to navigate and even allowing a competing operating system like Linux to start up instead of Windows.

    Yeah, God forbid we should allow a competing operating system to start up instead of Windows. If this is the kind of stuff coming out of a Microsoft exec's mouth during trial, the states must be having a field day.

    Now what's all this about the Start button? Maybe Microsoft has predicted that the next step for companies who are trying desperately to get into the desktop (Yahoo, etc.) to offer their own customized Start Menu replacements?

    1. Re:I don't know what to think. by Paul+Komarek · · Score: 5, Insightful

      It used to be that OEMs like HP would provide all sorts of user-friendly tools to help new users orient to their computer. These tools would occasionaly replace various bit of Windows functionality in some cases. An example might be a specialized "Start" button that would pop up a friendly menu tailored for the software that HP chose to install. HP might include a registration wizard that popped up the first time a person hit the Start button, etc.

      Microsoft rewrote its OEM contracts to forbid such behavior, publically claiming that it hurt the integrety of the "consistent" (their word, not mine ;-) Windows "look-and-feel". They claimed that this hurt users by breeding confusion. Later on, HP released statistics from their tech support department that showed users had a far harder time without HPs changes to Windows, contradicting Microsoft's claim. Furthermore, HP saw the percentage of registrations fall; I'm sure that Microsoft saw their Windows registrations rise.

      More recently, Microsoft has claimed that allowing OEMs to customize Windows before shipping a machine to a customer violates their Windows copyright. In effect, I believe their argument is that the OEMs are creating an unauthorized derivative work. Ironically, it's because of Microsoft's successful defense against Apple that look-and-feel is not protected by copyright, and hence the OEMs cannot possibly be violating Microsoft's Windows copyright when they mess with the desktop icons and start button.

      I think it is reasonable to conclude that the witness was trying to confuse or pursuede the judge with this statement. That is, Microsoft is trying to spread FUD in the courtroom. I'm really hoping that Judge Collen Kollar-Kottelly has learned enough computer history to be able to discard such nonsense. Failing that, I'm hoping that she is smart enough to recognize unsupported FUD and dismiss it when making her decision.

      -Paul Komarek

  4. Let me see if I've got this straight by kfg · · Score: 5, Insightful

    "even allowing a competing operating system like Linux to start up instead of Windows"

    This is part of their *defense* against punishment for illegally using monopolistic powers?

    KFG

  5. Re:Is it just me.. by quintessent · · Score: 5, Insightful

    That's just it. How many of the 280 million people in the U.S. know, for example, what a kernel is? I don't know if it's fair to equate "computer illiterate" with "idiot".

    However, many of these novices end up purchasing new computers and hoping they can learn something without breaking the thing. You can imagine a call to Windows tech support from someone using Windows that has had the Start button removed.

    Dual boot could be a problem depending on how it's done. If there was a giant Windows logo on the front of the box, but it booted into Linux by default, then you could have some confused users.

  6. Re:I have an idea... by Eloquence · · Score: 5, Insightful
    The problem is that Linux cannot gain ground until PC makers can ship dual boot systems without being punished by Microsoft. People are not going to buy a Linux-only system, they want to try Linux, but also have a safe recourse in case it doesn't work for them. The OEM channel is Microsoft's strongest defense against any competing operating system.

    You may say "But what if we make installation so easy that people can just do it later?" That's a flawed premise. Installation of Linux is already fairly easy, especially when compared with Windows' primitive text-based installer that can hardly do anything. Besides the fact that most people are never going to bother with the installation of a new OS, the problem is that people who convert to Linux will want to preserve their existing Windows systems. To do so, they will have to resize their existing partitions, which are increasingly in Microsoft's proprietary NTFS file system format. Resizing NTFS partitions, to my knowledge, is not possible with any Linux installer, and if it is made possible, MS can threaten to sue those who implement it over their NTFS patents (as they have done in the past), as well as alter the standard unpredictably. This makes it almost impossible to implement simple dual boot installation, unless you're willing to piggyback on NTFS and the Windows bootloader -- generally a bad idea for obvious reasons.

    Simply put, if Microsoft keeps the OEM channel, gaining ground outside schools and developing countries will be hard.

  7. What a joke! by no-body · · Score: 5, Insightful
    This trial becomes more and more a charade - actually it is one getting more and more .

    Judge Thomas Penfield Jackson was right on: Cut out the OS - give it to a separtate company and let all the other's compete as they choose on applications.

    As long as this clear separation is avoided, there is bickering and cheating - in particular from the side of Microsoft. They are very skillful in this game. That's why they got there in the first place.

    The company owning the OS and writing applications to it always has an advantage and Microsoft tried and is succeeding in blurring the border between OS and applications to keep this advantage.

    This opportunity to clean this up was missed due to the fact that the judges of the appeals court are wimps.

    Just look at the possibility of being prejudiced. Has it ever been looked at if any of the judges or their close relatives had any stock or mututal fund with Microsoft stock in it? I doubt it.

    The courage to do "what is right" is missing in the US judidical system, things are done which are "politially right" or "don't hurt the consumer". What a mess!

    Very disappointing.

  8. Re:I have an idea... by Eloquence · · Score: 5, Insightful
    Unless Linux's setup has gotten astronomically better since Red Hat 5.0

    It has. Try Lycoris or Mandrake. Nowadays you play Solitaire during the install. Of course not all hardware is supported, but that, again, is the result of Microsoft's monopoly.

    MS's setup is the best OS setup I have ever used, period.

    Then why doesn't the Windows XP installer recognize my FreeBSD and Linux partitions and allow me to select them from its boot manager, or allow me to resize or create any non-Windows file system? That's right, because Microsoft has a monopoly and doesn't need to implement certain functionality others do need to implement. Feature-wise, Linux installers are far superior.

  9. The Soviet Union was Good by j09824 · · Score: 5, Interesting
    The Soviet Union was Good because it kept consumers from getting confused by all those competing offers. If you were lucky, you got the care you were assigned, the apartment you were assigned, and the health care you were assigned. You didn't have much, but at least you weren't confused.

    Microsoft is the same way: they don't give you much, but they are going to fight tooth and nail to keep you from getting confused by too much choice. Come to papa Gates, he'll take care of you, just like papa Stalin did before.

  10. Excuse me! by Loundry · · Score: 5, Funny

    Instead of posting stories about Microsoft and its gayness

    Pardon me, sir, but I am gay, and I certainly take offense to being likened to anything Microsoft-ish.

    --
    I don't make the rules. I just make fun of them.
  11. No kidding. by SaDan · · Score: 5, Insightful

    I'm not gay, and I thought that comment was in poor taste as well.

    Not a good way to rally the troops, especially the same-sex partnered coders.

  12. Re:Is it just me.. by nolife · · Score: 5, Insightful

    I might be wrong here but..
    When you buy a computer pre installed with OEM Windows, the support comes from the vendor, not MS. Ever see an OEM disk? It specifically states to contact the vendor for support. How would allowing a vendor to install whatever make it harder on MS? If the vendor installs it, the vendor supports it. This is no different for OEM hardware. MS will help you if you call them but you will pay for it. Sounds like MS is trying to increase the FUD factor for a practice that has already been in existance for years.

    --
    Bad boys rape our young girls but Violet gives willingly.
  13. Re:Is it just me.. by StormReaver · · Score: 5, Insightful

    "You can imagine a call to Windows tech support from someone using Windows that has had the Start button removed."

    You know, you have a point there. I think that in order to protect everyone from having to ever think again, we should take this to its natural conclusion. Since very few people know what a soffet is, I propose that the world forcefully aggregates all building materials and building technologies to a single company (how about Black & Decker, since that's a well-known company).

    I further propose that any attempt to produce any non-B&D tools, machinery, or compatible technologies be punishable by multimillion dollar fines since any new construction will obviously be infringing on B&D's intellectual property. After all, it's well known that building materials and techniques were all invented by Black & Decker.

    Any improvements to existing technology must also be banned because it might hurt Black & Decker's profits and the resulting tools may confuse non-builders who believe that complex projects should build themselves.

    Also, Black & Decker should be allowed to automatically seek out and destroy competing tools in order to ease the confusion of the end user. After all, swinging a hammer with a blue grip is much different from swinging a hammer with a red grip. Such disparity in the end user's experience is harmful to the industry. Imagine what would happen if the end-user bought a toolbox with a big Black & Decker logo on the side, but found a non-Black & Decker hammer inside. Oh the horror.

  14. A jury of one's peers by ottffssent · · Score: 5, Funny

    Alright. The DoJ clearly isn't doing a good job. The states' case is just going to be appealed anyway and likely won't do a very good job either. Why don't we just apply the same standards you and I would be held to? Let's get together a jury of Microsoft's peers. Let's see here:

    1) Microsoft is an OS vendor. Sun, Be (what's left of 'em), and Apple ought to be there.
    2) Microsoft is an office apps vendor. Lotus might like a seat.
    3) Microsoft is a video game console vendor. I'm sure Sony and Nintendo have some choice words.
    4) Microsoft provides internet service. Let's add AOL/TW.
    5) Microsoft provides a web server, a database, a mail server, and other such apps. Let's get someone from the Apache foundation, Oracle, Sendmail, and what the hell, the Samba team too.
    6) Microsoft writes a lot of buggy code, so let's get an old Netscape exec in too to round out our dozen.

    I'll bet we'd see some substantive remedies then!

    Before you complain that Be is hardly a peer of Microsoft, consider how 12 upper-middle-class white folks can be considered peers of a poor black woman.

  15. Re:I have an idea... by infiniti99 · · Score: 4, Informative

    Of course not all hardware is supported, but that, again, is the result of Microsoft's monopoly.

    Wrong. That is the result of lazy open source driver authors with selfish attitudes. If your hardware doesn't work in Linux, you're supposed to submit extremely detailed bug reports to mailing lists where they won't care about your problems or solve them in a timely fashion.

    Wrong. Making a hardware driver is no easy task, and their existence is generally based on the availability of specs. If there are no published specs for a piece of hardware, then forget about ever getting a driver (or least one that is complete) except from the manufacturer.

    For a short time I was involved in the gnokii project, which was an attempt to make unix drivers for a few serial-based Nokia phones. Many of us spent days trying to reverse-engineer the serial protocol using a "man in the middle" computers. After almost 6 months of work, gnokii was finally able to send and receive text messages. However, the ultimate goal was to be able to make data calls. Unfortunately, Nokia used a key-based authetication mechanism to enable data calls, which I believe was so they could license the technology to other driver makers (like TDK's mobile stuff). This would have been a dead-end for gnokii, but then one day the key algorithm surfaced anonymously. Now gnokii can make data calls, although I question the legality of it.

    Anyhow, after around 3 years under development, the project is still not at version 1.0, and I would imagine most users of those old Nokia phones have gone on. New Nokia phones nowadays use standard protocols (the 8890, for instance, acts as just an IR modem. Works in Linux 100% with no driver).

    The moral of the story? If Nokia had released the full specs to their phones then I can guarantee there would have been fully-featured drivers within just a few months. Instead, the gnokii developers were forced to dick around with reverse-engineering, which is almost always a lost cause. Seen the Linux driver situation for Winmodems lately? Just forget about it.

    I once wanted to make program to query GPS values from my Earthmate GPS device, so I went out and sought the hardware specs. The Earthmate uses the Zodiac chipset, of which there is a full PDF file available. I coded a simple program to interface with the Earthmate in only a few days. Mind you, this was for Windows 98. Linux is irrelevent here. Specs are all that matter.

  16. Re:Is it just me.. by NumberSyx · · Score: 4, Insightful

    Linux - forget it. Fine for techies, unusable for computer illiterates.

    If Windows ceased to exist, you'd be very suprised at how fast Linux would become usable by the masses. Remember neccessity is the mother of invention. I'd bet overnight, RedHat would be a billion dollar company, within a week, every Dell would ship with Linux and within a month IBM would be fielding a new version of OS/2. There would be no shortage of companies rushing to fill the void and of all the alterentive OS's, Linux is the closest to being viable on the desktop.

    --

    "Our products just aren't engineered for security,"
    -Brian Valentine,VP in charge of MS Windows Development