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States Drop Planned Presentation of Modular Windows

sketchkid writes "CNBC just reported that the nine states have dropped their planned presentation of a version of Windows XP without certain "middleware". Apparently, Microsoft said the news of this presentation blindsided them and that they would need "an indefinite period of time to prepare its response", but the states don't want to prolong the case any more."

340 comments

  1. Well well well by theCyde · · Score: 1

    Does modular Windows actually mean I can take out the junk I don't want to use, like, ohhh, the Window ASPs, and replace them with something good, such as Linux? Wait, I can do that already anyway.

    1. Re:Well well well by Anonymous Coward · · Score: 0

      Not for long.

      In recent news, Congress passes the CBDTPA.

    2. Re:Well well well by ergo98 · · Score: 2, Informative

      If you are referring to the Active Server Pages engine (asp.dll), and IIS, both are optional components that do not have to be installed, and can be entirely removed (Add/Remove programs, Windows Components). Furthermore, you can then go nuts and install Apache if that is your desire.

    3. Re:Well well well by madcoder47 · · Score: 1

      psst... i think he means APIs nonetheless, it still makes no sense

  2. Huh?!? by ablair · · Score: 3, Interesting

    Isn't demonstrating a modular Windows key to the States' case showing it can be done? Maybe they had problems with their version and didn't want to shoot themselves in the foot...

    1. Re:Huh?!? by ackthpt · · Score: 4, Insightful
      didn't want to shoot themselves in the foot...

      While the states have had a misstep or two, I see the wisdom in not prolonging the trial. Time is currently on Microsoft's side and the testimony and intent to demonstrate modular Windows, was probably sufficient. Actually going ahead with the demo c^Hwould give Microsoft a leg up in appeal of any unfavorable ruling.

      --

      A feeling of having made the same mistake before: Deja Foobar
    2. Re:Huh?!? by snarfer · · Score: 2, Informative

      They already made their point to the judge. Microsoft said it can't be done. Now the judge knows that it can be done. That's all that the states were trying to get across.

    3. Re:Huh?!? by Sc00ter · · Score: 2
      But that's the thing, since it was never admitted as evidence it can't be considered by the judge..

    4. Re:Huh?!? by An+Onerous+Coward · · Score: 2, Interesting

      Unless Microsoft is being completely dishonest, then they seem to have every confidence that the States can make a compelling presentation. As it is, we know that they're being at least partially dishonest. After all, to be "blindsided" by the fact that their own software was modular enough to remove key componenets?

      Okay, maybe I'm being too harsh there. After all, the trial is winding up, and the XP Embedded presentation would amount to new evidence, which a defendant should be given time to prepare against. But you'd think that any competent lawyers would have prepared for this possibility, unless the M$ tech people have been exaggerating the merits of the case to the lawyers. It still seems like a stalling tactic.

      It's time to surround the Redmond campus, and shout and wave signs! We will not rest until The Beast is overthrown! But we may take some time off for Star Wars II...

      --

      You want the truthiness? You can't handle the truthiness!

    5. Re:Huh?!? by telstar · · Score: 2

      Actually the Judge probably has even more doubts now than she had prior to their retraction. The states say the can do something, and then say they're not going to? Believe me ... if it was a rock-solid demo, they'd wait as long as they needed to perform the demo. It's comparable to the OJ glove though... if it worked, it'd be golden ... if it failed ... it seals their fate.

    6. Re:Huh?!? by Anonymous Coward · · Score: 0

      >>>But you'd think that any competent lawyers would have prepared for this possibility, unless the M$ tech people have been exaggerating the merits of the case to the lawyers. It still seems like a stalling tactic.

      It's not whether Microsoft and their lawyers prepared for this possibility. The 9 non-settling states gave Microsoft 67 CD-ROM's full of information for their Embedded XP demo. At the very least, you have to give Microsoft at least several months to just review the 67 CD-ROM's.

    7. Re:Huh?!? by Anonymous Coward · · Score: 0

      Uhm... Gates already admitted that XP COULD be modular if they wanted too. That's not the point anymore. Why the states are wasting their time on this I don't know. MS just doesn't have a strategy ready and it's important that they do. Think about it. Many of the tech-biz illiterate like yourself are saying, "ooooh look it can be modular" and MS want's to defend against that BS. Think about the BUSINESS implications and the potential NEGATIVE IMPACT on the CONSUMERS first. If it's impossible for MS to have a successful product with 80 different versions, then they'll fucking DROP THE PRODUCT. YOU may think that's a good thing (okay, I kinda do to!) but this is AMERICA not CHINA. Our government should NOT have that kind of power!

    8. Re:Huh?!? by Anonymous Coward · · Score: 0

      Yup. The Windows XP Embedded that the states were supposed to show and prove as a viable, working solution must have horked in testing. I can almost guarantee it. After all, since the states were able to elicit a response from Microsoft to the tune of needing to prepare a defense, they would be able to pick and choose whether to show it after pulling the ploy. I think it was a devised ploy in the first place. I think the states NEVER had intent to show it. They just wanted a response that would put them in a more favorable position.

      The judge cannot consider the evidence not entered into the case, but you can bet that it will now be in the back of her mind for the remainder of the trial. What if...? That will give a slight sway to the states. The states will ultimately "lose" anyhow, but who cares, right? After all, those states have spent more of my tax dollars suing the company, than I will ever spend on their products in my lifetime. So essentially we're all paying twice. Thanks a bunch to our moronic representatives of those nine states. Go figure two of them are Florida (land of the confused voters) and California (need I say more?). LOL What a joke.

      ~Soukyan

    9. Re:Huh?!? by Zeinfeld · · Score: 3, Insightful
      They already made their point to the judge. Microsoft said it can't be done. Now the judge knows that it can be done. That's all that the states were trying to get across.

      No, the judge does not know that it can be done, she knows that the states claimed that it could be done but backed out when Microsoft asked for time to investigate the 'demonstration' and prepare for a rebuttal.

      The issue is not over whether Windows XP can be made to run with specific pieces added or subtracted, the issue is whether such an O/S could be sold to end consumers and would not cause confusion, loss of interoperability etc.

      Windows Embedded is not a replacement for Windows XP, it does not provide features that consumers are likely to expect in an O/S like the ability to instal any program. You can run Word on windows embedded but you have to decide at the time you cut the O/S whether it is included or not

      The critical test for an alleged stripped down version of windows is whether you can still use it to run commercial software. Can you take the CD of tombraider and install it on the machine? Can you run Lotus Notes on the machine etc?

      In the end the court case is entirely irrelevant as Microsoft could "comply" with any modularization order from the judge by issuing a new version of Windows, calling it Windows FL (For Lusers) and putting a sticker on the box stating '9 Dissenting States Compliant Software, don't complain to us if the software you want to run requires a module we were not allowed to include'. I can guarantee that there would be no hardware manufaturer who would want to buy it.

      --
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    10. Re:Huh?!? by sbrown123 · · Score: 1

      >> The states say the can do something, and then say they're not going to?

      Im guessing more that the judge was approached by the states with this demo and Microsoft cried to high heaven that they were blind sided by it and needed time to come up with a defense. Microsoft asked for more time from the judge to prepare a defense.

      The states bringing it foward and forcing Microsoft to react was enough. They proved thier point.

    11. Re:Huh?!? by justsomebody · · Score: 1

      Actually psichology is on States side. Backing up with sure evidence that everybody's interested in... even judge. But from a good cause => not to prolong trial.

      If they would expose that evidence it was obvoius that Microsofts side would want to try to deny that in any case. Testing capabilities of OS just isn't sometehing that would done like "Here it is, it works" There are details that would be considered as separate parts of this evidence. Not considered that Windows is "in one part as is"

      But if you take your self on Microsoft side, you could try to run NASA on that Windows, and first think that doesn't work as it should be it would be "Here is evidence".

      As next bad view of this evidence is that Microsoft could extend that to infinity. Add a few service packs that would back them up, (this service packs would be probably made to prove that they are right, and made from *NEEDED* point of view)

      Soback up the states pulling that evidence from the trial. Isn't 6 years enough?

      --
      Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
    12. Re:Huh?!? by tenman · · Score: 3, Informative

      Not true. The effort can and will be presented as evidence. This combined with expert drivel, and Microsoft's "indefinite period" response thing, CAN be taken into consideration. The judge is allowed to contrive facts from the proceedings themselves. Will he? I don't know, but it is possible, and the states have a really strong case. Especially in light of the fact that several on their witness list are now inadmissible

    13. Re:Huh?!? by tenman · · Score: 3, Insightful

      First off, you assume that there is software that runs great under windows as it is today....

      Next, while you can say that lotus notes seems to run 'correctly', I would need you to define 'correctly'.

      One, I would want to show you a list of features that we would like to implement into our tool, but can't because Microsoft doesn't us to over run their files (something that other OS's allow today).

      Two, I would ask that you to run Joe Sixpack's hacked up version of the tomb raider engine, and have it satisfy your own 'correctly' term (something that users of other OS's can do today).

      Finally, not only do I need to be able as a developer to change the machines environment, but also I would like you to prove to me that Microsoft doesn't take ownership of file types that I have other programs to deal with.

      You make a strong point, but it's a little off the track. Microsoft is bullying other software Manufactures out of the market place with a big stick and a pace that is frightening. By not allowing competition for the desktop they are doing three things. They are driving me out of business, they are deciding for the customer what programs they can run, and they are engaging in antitrust activates

    14. Re:Huh?!? by Anonymous Coward · · Score: 0

      can we de-install modules of MSFT (microsoft corp) if we want to? deinstall all finances. muahhah.

    15. Re:Huh?!? by SerpentMage · · Score: 2

      Ah no I think you have that wrong there. They retracted because MS said they would need an indefinite time to consider the new facts. Even with a rock solid demo MS has the right to consider the facts. This means they can protract this as much as they want to and that is not a good thing.

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
    16. Re:Huh?!? by PsychoSlashDot · · Score: 1

      I'm confused. Isn't this more or less how this has transpired:

      MS: You simply can't strip out the middleware
      States: Yes you can
      MS: No you can't
      States: Yes you can
      MS: No you can't
      States: Strange, we've already done it, want to see?
      MS: Errr, we need a bunch of time to answer that question.

      What I'm saying here is that MS was on the brink of being shown to have produced false witness time and time again. What response could possibly exist to this, regardless of how much time is given?

      And just how long DOES it take to respond with "okay, we lied"?

      --
      "Oh no... he found the .sig setting."
    17. Re:Huh?!? by vsack · · Score: 1

      Actually going ahead with the demo c^Hwould give Microsoft a leg up in appeal of any unfavorable ruling.

      When I first heard that CKK allowed the demo, I was woried that it could be seen as favoring the states over M$. I'm actually glad they dropped the demo, because it's one less thing for M$ to point to and cry foul.

  3. ugh by bobdole369 · · Score: 1

    One question. Why? Wouldn't this seem to be the keystone in the case?

    --
    Lousy facepalm.
  4. oh... by csguy314 · · Score: 1

    noooooooooooooo!!!!

    they're wussing out???
    darn those MS Lawyers...

    --
    This is left as an exercise for the reader.
    1. Re:oh... by elgecko · · Score: 1

      It's actually a good strategy on the part of Microsoft. Since the states' legal costs are carried by state taxpayers, most of which don't care about the the actions of Microsoft so long as the can open their email and surf the web, the concern over state tax dollars going to fight a long court battle is an effective deterent. Microsoft has the coffers for these delays, but elected state officials don't and they have their livihoods to consider.

    2. Re:oh... by justsomebody · · Score: 1

      No actualy that tactic is bad. If they need so much time for backing them selves up, do they really know the product they're selling?

      Actualy tax state dollars are going to be paid if they loose. I don't know for America but everywhere else, looser is paying the costs of trial. So that makes either that you're wrong, or America has stupid legal system.
      In first case it is much more in favor of ste winning the case if you concern the taxpayer point of view.

      Open email and surf the web? Tell me one OS you can't do that.

      --
      Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
    3. Re:oh... by LIGAFF · · Score: 1
      I don't know for America but everywhere else, looser is paying the costs of trial. So that makes either that you're wrong, or America has stupid legal system.


      I'll take door #2.
  5. Dirty Tactics by svwolfpack · · Score: 5, Insightful

    That's not a bad strategy... announce that it will take forever to prepare a rebuttal, knowing the states want this trial over with NOW. Although its curious that the states obviously dont think this testimony will be strong enough for the end result to be worth it. Bottom line: It's dirty tactic, but legal, and afterall, it's Microsoft.

    1. Re:Dirty Tactics by Jonny+Ringo · · Score: 1

      I doubt that's any kind of stradegy. Its the truth. MS didn't want to be scrambling and end up saying a bunch of "yeah but... yeah but... yeah but...." when confronted with something that works that they claim is not possible.

    2. Re:Dirty Tactics by banky · · Score: 2

      This has been MS's strategy from the start. Winning isn't about the judgement, it's about the penalty. WIth $40B in the bank, just delay until no one wants to fight anymore. Like that article said, they could BUY the states outright.

      --
      ZOMG I WOULD LOVE TO KNOW ABOUT YOUR FEELINGS ON MACINTOSH VERSUS WINDOWS, VI VERSUS EMACS, AND HOW YOU'RE NOT A DORK
    3. Re:Dirty Tactics by bleckywelcky · · Score: 2, Interesting


      I was baffeled when I read this. There are time restrictions on these sorts of things. If you are involved in a civil lawsuit with another person, and they present some document evidence that you hadn't seen before, you can't say "Woa! This is gonna take me a year or two to review and come up with a rebuttle for.". You can't hold up the courts and your opponent indefintely with your problems. The judge should recognize that MS has known about the modular Windows project for as long as it has existed, realize that MS has the resources to analyze the project fairly quickly and effectively (they wrote the code originally), and give MS a limited amount of time (I would say no more than a month) to prepare a rebuttle.

      This seems like a very irrational action on the state's part, to the point that I would begin to suspect dirty tricks on someone's part (most likely MS). They have been in this legal action for such a long time already, what's a few more weeks up to a month? Unless the judge would allow the "indefinite" amount of time MS claims it needs, which would be complete BS IMO.

    4. Re:Dirty Tactics by sheldon · · Score: 4, Insightful

      I want to know why the state's didn't submit this as evidence right from the beginning. Or why they didn't call this person as a witness during their phase of the trial.

      Why would they wait until the last minute?

      I don't think there was any dirty tricks. From what I've seen the States lawyers have just not been very well prepared because they keep forgetting things and wanting to bring them up later.

    5. Re:Dirty Tactics by justsomebody · · Score: 1

      It's simple. By the time this evidence would be presented, there would be so many security patches that nothing would work anymore

      --
      Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
    6. Re:Dirty Tactics by TheGratefulNet · · Score: 2
      note that infinite and indefinite are not the same things.

      indefinite means that they just don't know how long it will take to prepare.

      still, that's a lame-assed excuse. standard stall-tactics. sigh.

      --

      --
      "It is now safe to switch off your computer."
    7. Re:Dirty Tactics by tenman · · Score: 2

      As you already know, this is not a civil case, as there is more at stake here, then the demise of a corparation.

      This trial will set presidence for future cases, and it is best to allow time for arguments. This allows for a better base case.

    8. Re:Dirty Tactics by Anonymous Coward · · Score: 0

      Let's face it, given an infinate amount of time, it's quite likely that microsoft would be able to find some sort of flaw (no matter how trivial) in the modular windows that doesn't exist in the full version. that would be all they would need to say "See!, it can't be done!"

    9. Re:Dirty Tactics by Alan · · Score: 2

      Yup... notice the extreme measures they took when they were found guilty of being a monopoly... oh yea, nothing, they released windows XP right after. If the trail, judgement, etc takes another year, that'll be fine with them, because it means they get another year or two with the appeal, or whatever they do next. The longer they have things tied up in the courts, the longer they can continue to do whatever they want, and be more and more entrenched.

      Noticed that the last while has produced a lot of MS programs that seem to just scream out that they are a monopoly? Hardware activation, .net, all that is almost throwing it in the face of the court that "we'll keep on doing what we've been found guilty of!"

    10. Re:Dirty Tactics by cookd · · Score: 2, Insightful

      It's more than the truth. It is standard practice. The states pay their lawyers to come up with attacks on Microsoft. Then Microsoft pays their lawyers to come up with a defense.

      (And as it seems to be here on SlashDot, anything the states say to attack Microsoft is a good move, and anything Microsoft does to defend itself is a dirty trick...)

      --
      Time flies like an arrow. Fruit flies like a banana.
    11. Re:Dirty Tactics by Tony-A · · Score: 2

      To the extent that this is being played to the media, the states have made their point, maybe even better than with an in-court demonstration. The demonstration you didn't get to see. It can't do anything to improve Microsoft's reputation.

    12. Re:Dirty Tactics by cicatrix1 · · Score: 1

      It seems suspicious to me. Anyone else getting a "Godfather 2"-like vibe from this?

      --

      I know more than you drink.
    13. Re:Dirty Tactics by Anonymous Coward · · Score: 0

      state loses. microsoft loses. lawyers make out filthy rich as usual. it's the same old game.

    14. Re:Dirty Tactics by cookd · · Score: 2

      Very good point. I knew I was missing something. :)

      --
      Time flies like an arrow. Fruit flies like a banana.
    15. Re:Dirty Tactics by flatrock · · Score: 2

      These hearings aren't supposed to be a new trial. The govenment isn't supposed to be submitting new evidence. The judge chose to allow them to demonstrate this to rebut Microsoft's claims. However, Microsoft does have a right to examine what the government is doing and rebutt it. However that does take some time. Microsoft can ask for as much time as they want, but the judge can limit that time. Judge Jackson limited the amount of time Microsoft had to prepare for many things.

      Why are the states presenting this at the 11th hour? Why are they now backing down? If they can really strip pices out of Windows and have a working consumer grade OS using Embedded XP then that pretty important to show. They can get the judge to limit how long MS has to respond. It sound more like their demo isn't as strong as they thought, so there's no benefit to draggin out the trial.

    16. Re:Dirty Tactics by kawika · · Score: 2

      I agree, dirty tactics--on the part of the states. The Register actually posted some of the record from the trial. The states sprung this on both MS and the judge despite their expert working on it for at least two months. They delivered 67 CD-ROMS and 10 different builds of XP Embedded to MS as part of discovery. Don't you think it will take a few months to go through all that?

      Read the record, you'll see the judge is rightly more pissed with the states than MS about this point.

    17. Re:Dirty Tactics by PowerGeek1 · · Score: 1

      On the behalf of most of my techie friends and I i would like to say that we would just like to see this case overwith and for microsoft to split like wood. I'm so sick of this case. It is definately damaging the hi-tech era. One by one the penguins steal my sanity. Words of a linux user as am I

      --
      ~Dvorak GOTO1 GOTO GOTO :GOTO GOTO :GOTO GOTO1
    18. Re:Dirty Tactics by jgoemat · · Score: 1
      Microsoft can say that it would take them an "indefinite" period of time to prepare a response, but can't the judge limit that? Couldn't she say "You have two weeks to prepare in light of the new evidence."?

      Jason Goemaat
      jasong@netins.net

  6. MS bought them off by Anonymous Coward · · Score: 1

    I guess Microsoft bought them off too

    1. Re:MS bought them off by Tribbin · · Score: 0

      They probably promissed free pre(-windows-)installed computers to poor schools in America.

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    2. Re:MS bought them off by morgajel · · Score: 4, Funny

      no, it was actually gonna work to MS's favor- when the stripped down version hung, they'd have their infinite preparation time!
      :)
      (laugh, it's funny.)

      --
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  7. So Microsoft "Wins" this little battle? by markwelch · · Score: 2
    It sounds like Microsoft wins this round -- perhaps rightly so, if this really was a last-minute bit of evidence. (Recall that one of Microsoft's demos was proven fraudulent after some time to study it, and of course Microsoft would assume that anyone else might do the same thing, so they'd need time to uncover the tricks.)

    I dunno if it matters much -- there really isn't any big argument about whether some stuff could be separated from Windows, only whether it "should" be separated. In some ways, the states may gain a benefit since the judge knows there is a demo out there showing it works (sure, she's supposed to disregard evidence that wasn't formally submitted, but how can you really ignore an offer of evidence that goes to the very core of the case?)

    --
    -- http://www.MarkWelch.com/ Pleasanton California
    1. Re:So Microsoft "Wins" this little battle? by snarfer · · Score: 2, Interesting

      It sounds like Microsoft wins this round

      Not hardly. Microsot was lying, telling the judge that it is not possible to have WEindows without Media Player and other "middleware". This is about how long it would take Microsoft to come up with a response to the states demonstration that it CAN be done.

      The point is made on the judge that it can be done, that Microsoft was lying.

      Of course, what it will come down to is whether this judge is a member of the Federalist Society. It won't be about the law.

    2. Re:So Microsoft "Wins" this little battle? by Anonymous Coward · · Score: 0

      >>>Microsot was lying, telling the judge that it is not possible to have WEindows without Media Player and other "middleware".

      If the states don't introduce the demo into evidence, then Windows without Media Player and other "middleware" don't exist.

    3. Re:So Microsoft "Wins" this little battle? by Anonymous Coward · · Score: 0

      Of course, what it will come down to is whether this judge is a member of the Federalist Society. It won't be about the law.
      Bingo Or I would say bingo but I believe she's a Clinton appointee. Doesn't mean she's a good judge - but definitely rules out her membership in the fascist federalist society.
      The problem I see with it is that she is below the same federalist society dominated appeals court that spanked the principled republican Thomas Penfield Jackson. And Stanley Sporkin.
      If the DC COA ripped Judge Jackson's decision apart - and to the extent they could they did as he predicted they would- how much more destructive will they be to a Clinton appointee? Lots.
      That has to be weighing on Kollar-Kotelly's mind as she listens to this case. The DC Appellate could wreck her if she does something they don't like. Anything that really prevents MS from abusing their power is apparently something the Appellate doesn't like.
      People talk about Judge Kollar-Kotelly as if she has complete freedom to craft a restrictive effective antitrust remedy as long as she is better about "procedure" than Judge Jackson was: but that's not really true.
      Among the DC COA is David Sentelle , friend and ideological fellow traveler of Jesse Helms. Sentelle is the man who let John Poindexter and Oliver North off of their convictions and one of the three judges who appointed the oh-so-ethical Kenneth Starr as special persecutor over the clinton presidency when the previous Republican special prosecutor proved insufficiently rabid and tyrannical. A co-conspirator with federalist society thugs like Ted Olson?
      Only all the time.

      Judge K is in a very tight place and I'm glad I'm not her.

    4. Re:So Microsoft "Wins" this little battle? by Anonymous Coward · · Score: 0

      Federalist Society Members include fine scholars such as Judge Bork who opposes Microsoft and has done so very effectively.

    5. Re:So Microsoft "Wins" this little battle? by snarfer · · Score: 2

      Federalist Society Members include fine scholars such as Judge Bork who opposes Microsoft and has done so very effectively.


      Bork is getting PAID by Microsoft. The Federalist Society approves.

  8. Hilarious by tapin · · Score: 4, Interesting
    This is actually great news, and I'd be surprised if it's not what they were expecting to do all along (of course, they'd never admit to it).

    Think of it from the States' point of view: "Yeah, we've got a version of the OS running modularly, but you didn't want us to show it. So no, you can't see how we did it. But you'd better get cracking."

    In addition, they don't actually have to demonstrate its stability and all that -- it's just taken at face value that it's stable enough, since that's how it was presented when it was introduced.

    This is great. Looks like a win-win scenario for the States.

    1. Re:Hilarious by Sc00ter · · Score: 3, Insightful
      How? If it's a jury trial the jury would never know about the modular version, and they wouldn't be allowed to say "we have it, but MS won't let us show it" because they will.. after MS gets to examine it, and it's within their rights to request it.

      If it's not a jury trial, then the judge(s) can't take it into consideration when they make their decision because it was never introduced as evidence.

    2. Re:Hilarious by cscx · · Score: 2, Funny

      Yeah, of course. They'll take for granted that the states were going to prove that "Windows XP Embedded: The modular version of Windows" is modular.

      Also on the list of things the states were going to prove is that the milk in my Cheerios is milk and not Elmer's glue, and that my Windows XP Workstation is really running XP, not PalmOS.

    3. Re:Hilarious by snarfer · · Score: 2, Informative



      It isn't a jury trial. It isn't even a trial. It's a hearing to determine the penalty for Microsoft now that they have been found guilty.

      They are trying to determine whether ordering Microsoft to make available a version of Windows without "middleware' such as Media Player is feasible. If they have to release a modular version computer manufacturers can CHOOSE to include Real Player instead of Media Player, for example, and companies can compete for the business.

    4. Re:Hilarious by Prior+Restraint · · Score: 4, Informative

      It's a hearing to determine the penalty for Microsoft now that they have been found guilty.

      Actually, it isn't a penalty; it's a remedy. The judge isn't supposed to punish Microsoft for breaking anti-trust law; she's supposed to impose a remedy that will "undo" the damage that has been done.

    5. Re:Hilarious by mccalli · · Score: 2
      So no, you can't see how we did it. But you'd better get cracking."


      Err...if the court doesn't see it, it's inadmissable as evidence.


      Cheers,

      Ian

    6. Re: Hilarious by Saint+Fnordius · · Score: 1

      Ah, yes, of course.

      And criminals aren't punished, they're sent to "correctional facilities".

      Silly me, I should have caught that.

    7. Re:Hilarious by GnomeKing · · Score: 1

      The judge isn't supposed to punish Microsoft for breaking anti-trust law; she's supposed to impose a remedy that will "undo" the damage that has been done.

      Isnt that like saying "yes, you were a bad boy, but if you promise not to break the law again I'll let you go"

      and I always thought that laws were there to give a mechanism to punish those who did wrong... to persuade them, and others, that its not such a hot idea to break the law
      not just remedy the situation

      Theif: Yeah, I stole a car
      Judge: Well, to "rememdy" the situation, give it back with a full tank of petrol and all is forgiven

    8. Re:Hilarious by mmynsted · · Score: 1

      To me a remedy would only correct for past abuses by Microsoft. It seems to me that they also need a penalty to change their future behavior. Without a penalty Microsoft may see anti-competitive "remedies" as the cost of doing business.

    9. Re:Hilarious by Anonymous Coward · · Score: 0

      Incorrect. US Law allows courts to both correct and punish. Remember the McDonalds' case where the lady got $XXX million for having coffee that burned her lap? That's because the actual damages were about $0 and the penalty imposed on McDonalds for repeatedly ignoring customer complaints about the hot coffee was $XXX million. Same is true of the GM case where the fact that they "ignored" a better design of gas tank (in front of back axle) for financial reasons was punished, even though all the contemporary cars had gas tanks there...

      So, in effect, when you present a civil complaint, you are asking the judge to cover your direct financial loss, plus penalize the company for it's willful negligence, etc.

    10. Re:Hilarious by Anonymous Coward · · Score: 0

      Then who is handling the penalties?

      Crimes have been committed in full view of the public, and will happen again if there is no deterrent. Somebody in government is supposed to take care of this -- it's what government is for.

    11. Re:Hilarious by Prior+Restraint · · Score: 2

      Currently, there are four replies to my comment. The substance of my response to each is essentially the same, so I'm just going to post it here once. Oh, and IANAL.

      Yes: typically, when you break a law, you get punished. Anti-trust law, though, is different. As many Libertarians will tell you, it isn't "fair" to punish a company just because it was successful enough to achieve market dominance. That, after all, is the goal of any lawful business. This is why the simple fact of having a monopoly isn't a crime. Once you reach such a position of dominance, though, it becomes incredibly easy for you avoid competition on the merits, instead using your position of dominance to keep superior products off the market. This is the situation that anti-trust laws are designed to address. Thus, the goal of any anti-trust remedy is not to punish a company that has a monopoly, but instead to force it to start competing on the merits again.

      So, GnomeKing, your analogy is an apt one. I don't understand why the courts do this in matters of anti-trust law, but they do.

      And mmynsted: Microsoft probably does see this as just the cost of doing business. Sucks, but it can't be helped.

  9. blindsided? by tezzery · · Score: 1, Troll

    "Apparently, Microsoft said the news of this presentation blindsided them and that they would need "an indefinite period of time to prepare its response" you mean prepare its excuse..

    1. Re:blindsided? by justsomebody · · Score: 1

      Actually, based on that what you said... Hasn't Microsoft developed Windows Embedded. They SHOULD know their code. Examining is just a legal excuse to extend trial, and not need.

      Either that, or they should better explain how every version is faster, better and more stable than previous one (not in real world, only in commercials). If you're right then they don't know their products enough to claim such things. In fact you say that they aren't aware what their products can do

      --
      Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
    2. Re:Blindsided? by Anonymous Coward · · Score: 0

      Apparently nobody has explained to *YOU* what this trial is about... you should read about it sometime -- it's actually quite interesting.

    3. Re:Blindsided? by Anonymous Coward · · Score: 0

      Your mom ruled it legal to fuck her ass by shoving my massive cock up it, and demonstrated how to do it.

  10. How can they be blindsided? by Weasel+Boy · · Score: 2, Interesting

    MS Marketing and sales personnel probably make presentations on XP Embedded every week. Surely MS can just fly a couple of their marketing people to help fill in the gaps where the demo falls short.

    1. Re:How can they be blindsided? by sharkey · · Score: 2

      Surely MS can just fly a couple of their marketing people to help fill in the gaps where the demo falls short.

      Or just put together a demo video, and splice extra footage into the gaps where the demo falls short.

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    2. Re:How can they be blindsided? by Decimal · · Score: 2

      Blindsided as in "What? We thought you were on OUR side, Judge! We were supposed to be able to weasel our way out of this one, too!"

      So naturally, they have yet to prepare a defense. :p

      --

      Remember "Bring 'em on"? *sigh
  11. Blindsided, yeah right by cptgrudge · · Score: 1

    It surprises me that M$ could be "blindsided" by that announcement. You would think that with all of the resources M$ has at their disposal (what with their $40 billion in cash reserves) that they would have already been prepared for all angles that the states would take.

    IMHO, I think they were just stalling for time in the hopes that the states would drop the matter. Which they did. Chalk one small victory up for the evil empire.

    --
    Qualitas edurus commercium, nullus penitus net rimor, nullus deus beneficium
    1. Re:Blindsided, yeah right by Anonymous Coward · · Score: 0

      Congratulations! Under the Slashdot Rules of Engagement, you, as the first person in this thread to state the blindingly obvious, shall be bestowed with a +5, insightful!

      Enjoy your extra 4 pts karma!

    2. Re:Blindsided, yeah right by Anonymous Coward · · Score: 0

      How can you be surprised at that? Microsoft is frequently "blindsided" by things that seem perfectly obvious to you, me, their rivals, and even their own customers. This is the same company that had to switch gears on the fly because they didn't quite see the significance of the whole "internet thing" until it was almost too late.

      not only that but have you noticed how they keep being tripped up by the law? It's like we can all see it coming but Microsoft doesn't seem to have any idea the things they are doing are illegal unitl out of the blue here come the Feds again.....

  12. Not that surprising.... by Kenja · · Score: 4, Interesting

    Not that surprising really. Having used Embedded NT in the past I was more then a little confused as to what they where going to demonstrate. Sure, embedded windows is modular during the rollout phase. However once installed it cant be changed. In other words you cant install Word onto it once its up and running. In this respect it is not a good example of what the DOJ is after MS to produce, a modular end user OS.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    1. Re:Not that surprising.... by rhizome · · Score: 5, Interesting

      Why do people keep getting stuck on shortsighted speculation on what the demo would actually comprise? The point is not that "Embedded NT" should become the retail version of Windows, the point is that the modularity is possible. Microsoft has gone to great lengths to stipulate that it is infinitely impossible to cut the interdependencies in Windows (9x, 2k, XP), which is apparently not the case since they've already gone ahead and constructed an industrial version of this very idea. Perhaps the states realize that it wouldn't be as pretty as they'd like it to be, but it's certainly conceivable that the ability to install software - to take one missing feature - could be added to the existing modular codebase. And yes, applications might require rewrites, but it's nobody's contention that the changeover would be happening tomorrow.

      --
      When I was a kid, we only had one Darth.
    2. Re:Not that surprising.... by tshak · · Score: 2

      The point is MS designed Windows for Consumers and has integrated certain functionality that is critical to features that Consumers (arguably) want. Whethor or not it's technically possible to make a "Modular Windows Based OS" is irrelvant (and trivial). The point is, the States have not proven that they can make a marketable version of Windows that will, A) has the full functionality of Windows (MS-HELP uses ActiveX and IE specficic DHTML), and B) that is reasonably cost effecitve to support.

      There are millions of things that are technically feasable. The point is whethor or not it's possible to remove IE but not remove critical functionality (like MS-HELP, Active Desktop, Explorer, and the hundreds of third party applications that rely on it). "Win98Lite" doesn't even remove the core browsing engine. _IT'S STILL THERE!_.

      Now, what MS _can_ do is allow OEM's to remove the IE icon from the desktop and replace it with, say, Opera.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    3. Re:Not that surprising.... by ckaminski · · Score: 0, Troll

      You MUST be a troll.

      What do you think Microsoft used for Help prior to the Internet and IE? Text files?

      I personally don't care about the tying, one way or the other, because I feel it *IS* in the consumers best interest. What I'm against is the legal requirements and collusion that shut out all of Microsoft's competition.

      If you think that a functional OS can't be built without the level of integration Microsoft has used, you need to go back to CS 301.

      -Chris
      [Please forgive my abuse of apostrophe's]

    4. Re:Not that surprising.... by tshak · · Score: 1

      Thank you for insulting me. Those CS classes are really teaching you good debate skills.

      MS decided that using DHTML would be the most efficient method for certain features (ie MSHELP) and they require IE because of A) ActiveX, B) IE specific HTML and C) Quality Control - They know exactly how it's going to render. Now, you may disagree with their technical decision, but it's NOT YOUR PRODUCT.

      On the other hand, MS should be forced to allow OEM's to A) replace the IE icon on the desktop and use another default browser and B) allow multiboot machines (eg. Windows/FreeBSD). However, this has nothing to do with their technology, as this is allready technically possible. It's just the license agreements that need to be changed.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    5. Re:Not that surprising.... by topham · · Score: 2

      The biggest step backwardsd microsoft took with the help files was converting over the IE. It's improved since, but initially they lost significant functionality.

      By the wy, the markup language used by the help engine BEFORE switching to IE was actually very similar to HTML, retaining the old engine, updating the help compiler without losing functionality could have been down with minimal effort.

    6. Re:Not that surprising.... by Moofie · · Score: 3, Insightful

      It's not the States' responsibility to design a version of Windows that is "marketable". It is the States' responsibility to ensure that Microsoft is no longer able to break the law using their OS monopoly.

      --
      Why yes, I AM a rocket scientist!
    7. Re:Not that surprising.... by Fulg0re- · · Score: 0, Troll

      Ok, and now suppose that the Judge rules that Microsoft must offer a modular version of Windows. In consequence, that would force them to remove Windows off the marketplace.

      Now what would that do to the market? Suppose Microsoft even begins to work on a real modular version. That would take years, and then consumers, developers and software programmers would be left in a rift. Arguably, the software industry (both games and applications) would collapse.

      People don't understand interoperability of software. For example, just think about how many games and consumer hardware would stop working on Windows if DirectX were removed! Similiary, the same thing would occur if it were possible to remove all remnants of Internet Explorer code.

    8. Re:Not that surprising.... by cookd · · Score: 1

      This is a really good point. Microsoft did a decent job of making many of its components interoperable and reusable, and took advantage of it. Why support 3 separate rendering/browsing engines (help, file explorer, internet explorer) when they have made a modular component that can do it all?

      HTML help will be broken if MS really and truly removes IE from Windows. Netscape won't take IE's place in HTML help.

      (Bad example:) Suppose UNIX were forced to remove TROFF/NROFF because of some type of DTP monopoly or something. Although this gives some opportunity for other DTP software, it breaks all existing MAN pages.

      I personally see Microsoft's point. IE is being used all over the OS, not just in browsers. Take away IE, and you've broken all kinds of other good features, not just the browser.

      Although this would be very bad for Microsoft, I don't see how it would be good for anybody else.

      --
      Time flies like an arrow. Fruit flies like a banana.
    9. Re:Not that surprising.... by Moofie · · Score: 1

      Yup! You're right. If MS had to offer a modular version of Windows, everything on every PC on the planet would grind to a screeching halt, not to resume until MS gets their act together and stops breaking the law.

      You are making the same mistake MS is: That they are essential to our lives. I am looking forward to them being re-educated.

      --
      Why yes, I AM a rocket scientist!
    10. Re:Not that surprising.... by rhizome · · Score: 2

      The capability to deal with this already exists in Windows since Windows 95. If you've used the OS and ever uninstalled some random program, you might have come across a dialog box saying that the registry doesn't have a record of any other installed apps using a particular library, and whether you'd like to delete it. Sure they can have shared libraries for Microsoft components, but if they're not being used, then they can be zapped. This could foster more innovation if, say, someone took it upon themselves to design a better helpfile rendering engine. Simplistically, this is tantamount to replacing 'more' with 'less' in UNIXland.

      I mean really, Microsoft has a huge R&D department (and budget), certainly they can come up with a good shared library management scheme that includes the ability to remove Microsoft's own libraries if the user wants to. And another thing, why can't Netscape take IE's place in HTML help? Do you know something we don't, or are you telling us that the sky may fall?

      --
      When I was a kid, we only had one Darth.
    11. Re:Not that surprising.... by cookd · · Score: 1

      Nobody is stopping anybody from replacing Microsoft's help rendering engine. But nobody has come forward to do so. Yet everybody wants to force Microsoft to remove its rendering engine. If you interpret that as me saying the sky is falling, then I suppose it is. So we force Microsoft to use a different rendering engine? Why?

      The people that want Microsoft to remove IE want them to remove ALL OF IT, yet lots of other stuff depends on it. If MS could get away with just removing iexplore.exe, then I wouldn't be so sympathetic. But you don't "remove" IE by removing iexplore.exe. You remove IE by removing it, and then answering "YES" to all of the "This file seems to still be needed. Remove anyway?" prompts. Then for some reason stuff doesn't seem to work anymore. Weird.

      As far as Netscape taking IE's place -- that would be nice. But it doesn't. Netscape isn't a component that can be embedded into a help window. IE is. So is the court supposed to tell Microsoft "now use Netscape in your help browser."? They would need to change Netscape to do that -- which they can't do, since Netscape isn't their code. (Mozilla is a different matter, since it is open source, but you said Netscape...) If not Netscape, they still need a rendering engine. But they have a rendering engine. Are they just not allowed to use it?

      Perhaps Microsoft could say "There, we removed IE. Of course, to do so, we had to replace it with this rendering engine for our HTML help and explorer panes; what's that? Why, of course it renders HTML, but it isn't a browser."

      MS does have a way to remove shared libraries. The Add/Remove control panel allows you to add and remove Windows Components. Of course, it isn't designed to dig into core functionality... It is set up so that the basic OS is always there. That is what the designers decided was the core functionality that would be available to any Windows PC.

      This way, they can support an API. You may have heard of this term before. It means that a programmer targeting the Windows platform can depend on certain DLLs being present. Additional DLLs might need to be redistributed, but the base DLLs to support the API are present unless the user has hacked his or her machine. That is why Windows doesn't come with "uninstall user32.dll" functionality, or even "uninstall debughlp.dll" for that matter.

      When I sit down at my FreeBSD box, or anyone else's Linux machine I expect vi to be there. Of course, this gives vi a competetive advantage over Emacs. So we'd better remove it... Of course, now vipw, crontab -e, etc. doesn't work. Oh no! I suppose it is a bad example, since a properly written vipw will use the configured editor.

      Removing sh would cause some problems, wouldn't it? Well, that just goes to show that UNIX has a faulty, non-modular design (tongue in cheek).

      There are certain components that are somewhat deeply embedded into the OS. Certainly you can remove them. But there are always consequences.

      PicoBSD: 1.44 MB minumum distro. Does it have Perl? No. Is a normal BSD user going to be happy with it? Not for general usage.

      Embedded XP: 16 MB minimum distro (from what I've heard). Does it have Explorer? I don't think so. Is a normal XP user going to be happy with it? Not for general usage.

      Standard XP minus Internet Explorer components: Maybe a few megs smaller than the normal distro size. HTML help doesn't work, no built-in all-purpose file viewer, and many programs that depend on MSHTML don't work. Is a normal XP user going to be happy with it? Not for general usage. But that is what the average Slashdot reader seems to want to see...

      --
      Time flies like an arrow. Fruit flies like a banana.
    12. Re:Not that surprising.... by tshak · · Score: 2

      And another thing, why can't Netscape take IE's place in HTML help?

      For the same reason why I don't test my Intranet applications on Netscape. Because it's a controlled environment. Within a controlled environment it is perfectly legitimate (and it arguably behooves us) to use a single component for the sake of A) Quality control B) Less software testing, and C) Exploit proprietary features of said component.

      I love being able to know how my Intranet's interface will render to a T. I can't do this if our users are allowed to use Mozilla.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    13. Re:Not that surprising.... by Mizery+De+Aria · · Score: 0

      Windows 95 was not dependent on Internet Explorer nor Windows Media Player. In fact, a fresh install of Windows 95 installed Internet Explorer 1.0. Also, you can't even view Microsoft's website with the browser and have a heck of a time trying to access any microsoft website for upgrading (although you can easily download another browser). I'm sure it's very easy to offer a stripped down O/S, but, it will come at a cost of Microsoft losing its business strategy and possibly being the final "dot-com" bomb; although it's more than a "dot-com."

      --
      If you're religishitty, KILL YOURSELF!
    14. Re:Not that surprising.... by flatrock · · Score: 2

      They used a cludgy help interface that differed from application to application. The idea of integrating the same functionality throughout the operatin environment is what has made windows an exelent CONSUMER OS. Over the years they have done a better job of making the different parts of the OS seamless. This is good product design. If you strip out that functionality and let other vendors try and stick their version in you end up with a mess. You end up with dozens of versions of Windows that all work differently. You also end up with OSs that are much harder to support. Consumers don't want this. It's a horrible thing to do to consumers.

      If you think that a functional OS can't be built without the level of integration Microsoft has used, you need to go back to CS 301.

      There are plenty of functional OSs that are difficult to use and support. Who is making a modular OS going to really help? I can't believe that there are this many open source advocates that are so blinded by hate for Microsoft that they want the government determining how software is designed. Microsoft has done some nasty things, but they have also made their OS very easy for consumers to use. They have done that through integrating the parts together so well. There has got to be a better solution than to try and force Microsoft to undo that integration.

    15. Re:Not that surprising.... by flatrock · · Score: 2

      Actually it's the States' job to look after the interests of consumers. There are many ways they can attempt to enforce the antitrust laws. How is forcing Micorsoft to create a modular version of Windows which the States' don't even know is practical in consumers best interests? Consumers like Windows because its well integrated. That's been one of the main attractions of Windows since it was created many years ago. Tight integration is what consumers want. Why do you think AOL is so popular with the masses? The govenment shouldn't be telling software companies how to design software. Microsoft should be able to integrate whatever middleware they want into windows. That will definately mean that competitors get run out of business. But as long as integrating that middleware into windows make Windows a more desireable product to consumers they should be able to do it.

      This definately brushes up agains what may or may not be legal under antitrust law. If it's against antitrust law, then the law needs to be changed. This issue goes beyond Microsoft. The govenment shouldn't be preventing the creation of product that better meet customers needs just because it harms competitors. Competition is good, but preventing good product development to help competition is not progress.

    16. Re:Not that surprising.... by uglyduckling · · Score: 1
      Actually it's the States' job to look after the interests of consumers. There are many ways they can attempt to enforce the antitrust laws. How is forcing Micorsoft to create a modular version of Windows which the States' don't even know is practical in consumers best interests? Consumers like Windows because its well integrated.

      It's in consumers' best interests because the MS practice of _insisting_ that their OS is pre-installed in a certain way makes it hard for retailers to choose other software, and drives competition out of the market place, stifles innovation and results in worse products at higher prices for the consumer.

      These states believe that by forcing MS to release a version of Windows _without_ 'middleware' _as well as_ a version with all the junk that you believe "consumers want" they can rectify the situation. It's not that integrated Windows will not be available, but it will be possible to have Windows without all the crud that it is normally bundled with, if you want to choose that.

      Of course parts of the OS require a HTML renderer, but that doesn't mean Internet Explorer needs to be thrust in everyone's face. Before HTML, Rich Text Format displays were found all over Windows, but that didn't mean you had to have Word installed for windows to work. There is a big difference between Internet Explorer the browser and the IE rendering engine - there is no reason why the two cannot be separated.

    17. Re:Not that surprising.... by Anonymous Coward · · Score: 0

      There is also the question of support. Assume that Netscape could create a drop-in replacement for the MSHTML rendering engine. Who do you call when Microsoft Help stops working correctly?

    18. Re:Not that surprising.... by flatrock · · Score: 2

      It's not just seperating IE. It's sepearting many, many features. Pulling those products appart, and supporting a version that can have those items seperated is going to be a huge effort. Support is going to be a nightmare. The support costs for that type of product are an order of magnitude higher. Who's going to pay for this? In the end, the "modular" version is going to cost more to develope and support than the combined version. Who's going to pay for the development and support costs? You're asking Microsoft to develop a product that makes no business sense because some customres and some OEMs may perfer it. The problem is that your creating a product that costs more, and delivers less value so that competitors can compete. It just isn't practical.

    19. Re:Not that surprising.... by uglyduckling · · Score: 1
      It's not really though, is it? At the end of the day, all of these programs are written with separate front ends and back ends - that fact that I can get HTML e-mail displayed in another application via Internet Explorer without the IE GUI loading proves that it is already modular. The IE front end could be removed very easily. Things like the Media Player are already modular too - you can put a third-party application in and change the file associations and everything works just fine.

      The fact is that you've swallowed the Microsoft BS. They want the industry to believe that Windows is one tight, integrated product - and that's the line they're using to justify their continued insistence that OEMs ship Windows with all of the MS extras intact - because they're part of the 'experience'.

      Whilst I agree that it would be ridiculous to remove all of Windows' HTML rendering abilities, or ability to play various media files, there is no reason why these libraries cannot be left in but the front-ends that use them removed. That would open up competition in the browser market again, and allow markets for future products to emerge.

      Also, please remember that MS is not being asked to do anything because "some customers and some OEMs may prefer it". The are being asked to do things because they have been found guilty in a court of law of abusing their monopoly powers. These abuses cost the jobs of people working for previously profitable software companies, and create higher prices for consumers by stifling competion in the market place, which would normally drive down prices.

  13. first post-WOOhoo by Anonymous Coward · · Score: 0


    That's what you get for clicking "online M$ update" when you're trying to prep a demo...

    And what was the computer name? DOJ-DEMO or 9ST-THINWIN? I bet m$ never saw it coming

    and sorry bout the a/c - misplaced my Palm 505...

  14. preparation... by ackthpt · · Score: 2, Funny
    an indefinite period of time to prepare its response

    In the Microsoft Dictionary we find: Prepare (v) Rig.

    --

    A feeling of having made the same mistake before: Deja Foobar
  15. DAMNIT! by Jeremiah+Cornelius · · Score: 1, Redundant
    DAMN DAMN DAMN!

    Every time, these convicted criminals get the breaks, if not from the Justice, then from those supposed to pursue the case to its penalty resolution. Now they are in the position to dictate the terms of their own remedy.

    There is a special spot in hell being warmed for these guys!

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
    1. Re:DAMNIT! by Banjonardo · · Score: 2, Insightful
      There is a special spot in hell being warmed for these guys!

      Oh, yeah, cause right between the adulterers and the murderers we have a spot for anti-trust violators.

      Take it easy, slashdot. Breathe.

      --

      -----

      Score 3? For what? Being wrong, at length? - smirkleton

    2. Re:DAMNIT! by syrinx · · Score: 2

      Oh, yeah, cause right between the adulterers and the murderers we have a spot for anti-trust violators.

      Probably in the new 10th circle.

      --
      Quidquid latine dictum sit, altum sonatur.
  16. Wonderful... by numbuscus · · Score: 1

    I wonder if anyone has checked Microsoft's checking account for any recent 'transactions' with the guy who was to testify.

    For M$, anyhting can be bought.

    1. Re:Wonderful... by repoleved · · Score: 1

      heh.. it wouldn't be THAT easy to detect. Probably, some organisation that does not seem to be directly related to Microsoft would have to write the check, for exactly the reason that you state: people might check Microsoft's financial record.

    2. Re:Wonderful... by numbuscus · · Score: 1

      I'm sure it's all off-shore. Harder to track that way. Not that the government doesn't have the ability to find out, they just tend to 'look the other way'.

  17. Load of Crap. by Picass0 · · Score: 4, Interesting


    The states had MS nailed on the modularity issue. They should push on. I smell some campaign funds being spread around.

    It's MS's product. How long can it take for MS to study an MS product and work up a defense?

    This isn't even as fun as the Wookie defense.

    1. Re:Load of Crap. by kawika · · Score: 5, Informative

      Please don't let me disturb your conspriracy theory, but perhaps Microsoft really did need some time to build a defense to the last-minute introduction of the XP Embedded demo.

      For example, let's say the states introduced into evidence an XP Embedded build that included no browser components, just a TCP/IP stack. No HTML rendering engine, no Internet cache, no Internet HTTP/FTP protocol support, no URL parsing routines, no system JavaScript. All of these are part of the existing documented Windows OS APIs, but browsers like Netscape don't use them because they invent their own wheels for portability's sake. So you should be able to show this particular build of XP Embedded running Netscape and having no part of Windows Internet technologies installed.

      If the states try this, I would expect Microsoft to show that a lot of third-party software will not work properly with so much of the Windows API ripped out. That would include Quicken and my own script-based software, just to mention a couple dear to my heart.

      Anyway, my point is that Microsoft probably does need some time to respond, and the time will depend on what the states plan to present. The word indefinite can mean "unlimited" but can also mean "not clear". Perhaps the time they need isn't clear until they have a chance to see what the states are planning.

    2. Re:Load of Crap. by Anonymous Coward · · Score: 1, Insightful

      "perhaps Microsoft really did need some time to build a defense"

      Nobody said they didnt need any time, we question wether they need and INFINITE amount of time.

    3. Re:Load of Crap. by Bitsy+Boffin · · Score: 2
      If the states try this, I would expect Microsoft to show that a lot of third-party software will not work properly with so much of the Windows API ripped out. That would include Quicken and my own script-based software, just to mention a couple dear to my heart.

      Ok, so if they remove "stuff" then other "stuff" like yoiur script-based software doesn't work. Big whoop - all that means is that in the documentation for your software, in the requirements section, you add "Internet Explorer 6" and bingo the users download IE 6, the IE "stuff" gets put into windows - as a choice, not forced upon them - and they happily run your software.

      Or, your installer checks the system for the components required by the software being installed, if they don't exist it says "This software requires , would you like to install this component now or abort the installation?"

      --
      NZ Electronics Enthusiasts: Check out my Trade Me Listings
    4. Re:Load of Crap. by liquidsin · · Score: 2

      ...the existing documented Windows OS APIs...
      I didn't think such things existed...

      --
      do not read this line twice.
    5. Re:Load of Crap. by isorox · · Score: 2

      and bingo the users download IE 6

      OK, lets say that windows can be sold without all the gunk that it comes with, without breaking netscape.

      So What?

      Microsoft then sell "Cutdown Windows" for $99.50, and "full windows" for $99.99, with a free upgrade from the "cut down" version for download?

      I'm not sure what forcing windows to be modularisable would do to benefit the consumer?

      And why dont they do microsoft for bundling msn messanger with XP - easilly removable with a regedit hack.

    6. Re:Load of Crap. by Bitsy+Boffin · · Score: 2

      It means the user gets a choice. In web browser, in email client, in multimedia player in wether they *want* all that stuff at all.

      With the current situation Internet Explorer for example is forced upon the user - not even the OEM's get a choice about it, sure they can put Moz on the pc but they can't get rid of IE.

      Competitors don't even get a look in with that, how can they - IE comes "in the box" it does what the general public want, why would they change - but if hey are given a choice, "do you want IE, Mozilla, Opera.... or No Web Browser" then the competitors actually get a chance.

      It's not about breaking windows, it's about making the components of windows seperate products in order to allow other companies to offer thier version of a web browser, or email client etc.. without having to get over that hurdle of "it comes with one, why should I go to the trouble to change?".

      For people to actively remove something and replace it with a competing product requires that the competing product be immensely better than the one they remove - even then most people won't bother. But if they are given a choice to begin with ... "you can have this one... it does x and y, or this one... it does x, y and z" users will make the informed decision because it doesn't require extra effort.

      Nobody is saying that people SHOULD choose the competing products, it may be the case that the M/Soft products are better than the competitors. But people should be ABLE to choose the competing products if they desire it.

      And they *are* doing them for bundling MSN Messenger - it's not about one product, it's about the microsoft policy of "bundle it in - thereby shutting out the competitors, in any market we can".

      --
      NZ Electronics Enthusiasts: Check out my Trade Me Listings
    7. Re:Load of Crap. by hdparm · · Score: 1
      For people to actively remove something and replace it with a competing product requires that the competing product be immensely better than the one they remove

      Well, if OS gets replaced first, based on this, accurate criteria, everybody would save heaps time.

    8. Re:Load of Crap. by WarpedMind · · Score: 1

      Actually if they had done REAL analysis about the feasability of a modular Windows, then this analysis could be quite quick. All they would have to do is relate what this consultant did to their own study.

      However, they have never actually done the analysis. (They all ready know it can be done.)

      These are the same guys that are putting up witnesses claiming the state proposal is worse than the settelment, when the witnesses have never READ the settlement. "Yes, your honor, I am saying under oath that the State's proposal is worse than anything that I could read."

      I love the one where the "witness" admitted that the written testimony was prepared by the lawyers. Objection! Leading the witness!

    9. Re:Load of Crap. by error0x100 · · Score: 1

      All of these are part of the existing documented Windows OS APIs, but browsers like Netscape don't use them because they invent their own wheels for portability's sake

      Hate to burst your bubble, but back in 95 when browsers like Netscape were "re-inventing the wheel", as you claim, the Win32 API did not have an HTML rendering engine, an internet cache, Internet HTTP/FTP protocol support, URL parsing routines, or system JavaScript. In fact, every single one of those things were built by Microsoft into their APIs in the years following. Remind me again, who was re-inventing the wheel here (and in a platform-dependent manner)?

      Why do people seem to keep insisting on comparing Internet Explorer as it is in 2002 to Netscape as it was in 1996? A few years has passed inbetween..

  18. blindsided by Anonymous Coward · · Score: 0

    wouldn't that be another way of saying they have no way to defend against it because despite MS claims it can be done. this sounds very much like an admission of guilt.(vieled of course)

  19. Maneuvering by 4of12 · · Score: 2

    Hard to say whether this was good or bad for either side. I think the states really don't want to drag things out anymore, inasmuch as one of the major planks of any remedy is expeditious application to make up for literally years of unrestrained behavior by Microsoft.

    Lately, though, it seems that the states' legal team screwed up in some filings and when MS pulled witnesses at the last minute, they lost windows of opportunity to present evidence that the proposed DoJ remedy is woefully weak.

    Still, I would not be at all surprised to see a ruling that the states have a valid claim, followed by the DoJ and MS agreeing to another round of talks to bring the settlement closer to what the non-settling states want. Anything else would result in chaos, given that MS has to conduct business in settling states and non-settling states simultaneously.

    --
    "Provided by the management for your protection."
    1. Re:Maneuvering by SETIGuy · · Score: 1
      Anything else would result in chaos, given that MS has to conduct business in settling states and non-settling states simultaneously.

      On the contrary Microsoft doesn't have to conduct business anywhere. Microsoft, which has been found guilty of violations of the Sherman Antitrust Act, is currently being allowed to conduct business in spite of that fact. It is perfectly within the power of this judge to shut MS down and recommend Gates and Balmer be tried for their parts in this crime.

      Unfortunately that would require an independent judiciary...

    2. Re:Maneuvering by Anonymous Coward · · Score: 0

      >>>It is perfectly within the power of this judge to shut MS down and recommend Gates and Balmer be tried for their parts in this crime.

      No, it isn't --- the Court of Appeal specifically limited this trial judge's options.

  20. Maybe It Doesn't Matter by krmt · · Score: 5, Informative

    Perhaps the states know that whether or not they can show it can be done is more of a moot point. The point of the penalty phase is to enforce the penalty, and if the penalty is to modularize Windows then they have to pay that penalty despite the cost. Whether or not they've alredy done it with XP Embedded doesn't really matter as much.

    Granted, I think showing off XP Embedded would have been a good thing (from what little I admittedly know about it) but perhaps they've got enough already. We all can acknowledge that speed is of the essence.

    --

    "I may not have morals, but I have standards."

    1. Re:Maybe It Doesn't Matter by Anonymous Coward · · Score: 0

      Actually, you've missed the point of the penalty. The point of the penalty phase of an antitrust trial is to restore minimal competitive balance to the industry and ensure that the industry stays competitively balanced. It's neither punitive nor unreasonable demanding though it may very well be unpleasant for the company involved.

    2. Re:Maybe It Doesn't Matter by cookd · · Score: 1

      I don't see why showing XP would have been a "good" thing. What kind of good do you mean?

      Good for the states' case? I doubt it. Embedded XP is definitely not a good OS for general purpose consumer computing. It is very true that Microsoft can remove the browser from its OS, and Embedded XP proves this. It is also true that doing so would cut out some important features that consumers and developers have come to expect, and Embedded XP also proves this.

      Good for Microsoft's case? I don't know, but possibly. Microsoft could (fairly) show how much important functionality was indirectly dependent on the browser, or (unfairly) show how much was gone because it was Embedded XP.

      Good for Microsoft? Maybe Embedded XP would get some press!

      Good for whom? Good in what sense?

      --
      Time flies like an arrow. Fruit flies like a banana.
    3. Re:Maybe It Doesn't Matter by krmt · · Score: 2

      Good for the state's case is what I meant. As someone posted elsewhere before, the point wouldn't be to say "Look, just replace Windows XP with Embedded XP" but to prove that it could be done. This is potentially very useful in simply showing the feasibility of the idea.

      And yes, it would show that important functionality is dependant on the browser as well, but that doesn't mean that it shouldn't be possible to remove it and replace it. That's what it's really about. Not ripping out the browser all together, but having the ability to replace it if you want (nut just running something like Mozilla instead), thereby allowing for competition.

      --

      "I may not have morals, but I have standards."

  21. -1 by I.T.R.A.R.K. · · Score: 0

    Don't be such a tool.

    --

    "Adequacy.org: Where congenital stupidity is not an option, but a requirement."

  22. 98lite and IEradicator by Anonymous Coward · · Score: 2, Informative

    I hope the States at least mention
    www.98lite.net

    and its

    http://www.98lite.net/ieradicator.html

    Been how many years since that company proved explorer could be taken out of 98.

    1. Re:98lite and IEradicator by Anonymous Coward · · Score: 0

      you can edit the setuppp.inf and layout.inf file
      from precopy2.cab and just comment out any referenc
      to ohare.inf ( ie) mos.inf ( msn crap) athena.inf
      & inetmail.inf( ms mail sheis)
      msinfo.inf, ( the other online services like compuserve, etc)

      Then don't install any network card until after
      evsterything is done, and just install the tcp/ip. and your ethernet card.

      Windows folder is 30 mb.

      then put in opera, netscape, mailclient of _your_
      choice.

      Yeah, so not only can IE and freinds be removed
      you don't even have to install them in the first
      place .

      Of course, with XP abandon all hope yee who enter
      here.
      someone told me you have to sign the eula with your blood.
      I am still not sure if he was speaking figuratively or literally.

  23. Microsoft on Slashdot by LordSah · · Score: 2, Interesting

    Is anyone else tired of seeing tiny scraps of news about MS on Slashdot everyday? There's two articles about MS today, one yesterday. Thinking back, it seems that there have been one or two stories posted about Microsoft everyday lately.

    I like Slashdot for stories about tech, science and geek curios. Could the editors leave reporting every detail of the trial to CNN, and focus on more interesting stuff? Please?

    1. Re:Microsoft on Slashdot by daeley · · Score: 4, Interesting

      Not me. I like 'em. :)

      If you're not into it anymore, why not go to your preferences and turn off stories from the Microsoft topic?

      --
      I watched C-beams glitter in the dark near the Tannhauser gate.
    2. Re:Microsoft on Slashdot by Salsaman · · Score: 2
      For some strange reason, I can't seem to find this story on CNN. Perhaps you would be good enough to provide me with a link so I can find the story ?

    3. Re:Microsoft on Slashdot by SIGFPE · · Score: 2

      Too right! It's like MS have a monopoly or something...

      --
      -- SIGFPE
    4. Re:Microsoft on Slashdot by LordSah · · Score: 1

      Sure, no problem. It doesn't quite say that the states have dropped the demo, but it does say how the states really pissed off the judge. I expect CNN to post news about the states officially dropping the demo soon.

    5. Re:Microsoft on Slashdot by lkaos · · Score: 2

      Goto your user page -> Home Page and then check the Microsoft checkbox under Exclude Stories from Homepage and you'll never see another Microsoft story again.

      Gee, it's almost like you should check things out before bitching, nah, nevermind, that makes to much sense.

      --
      int func(int a);
      func((b += 3, b));
    6. Re:Microsoft on Slashdot by Salsaman · · Score: 1
      Nice article - I am embarrassed now...

    7. Re:Microsoft on Slashdot by LordSah · · Score: 1

      The problem is that I'm interested in some of the Microsoft stories. Articles like this one aren't very good...the linked article wasn't any longer than the blurb posted on /. It had no information other than the headline. I'd just like to see a little more selectivity when it comes to MS stories.

    8. Re:Microsoft on Slashdot by overturf · · Score: 1

      A monopoly, you say!? That damn Microsoft! I smell a big payoff from M$ to OSDN to get all this daily news coverage -- Filthy bastards.

  24. The expected response... by daeley · · Score: 1

    Oh, you said *Windows*? We thought you were talking about windows, you know in your house. An operating system, of course, how silly of us. Sure, you could modularlize it, no problem.

    --
    I watched C-beams glitter in the dark near the Tannhauser gate.
  25. I read the article by The+Karma+Whore+Guy · · Score: 0

    It is very interesting. The plans to demonstrate a version of Windows with removable features was abruptly canceled nine states. Because they made the decision to avoid prolonging the case after Microsoft said it needed an indefinite period of time to prepare its response.
    I'm surprised that U.S. District Judge Colleen Kollar-Kotelly was unhappy with the states for introducing the material in the eighth week of hearings.

  26. They speak the truth (not a troll) by Zen+Mastuh · · Score: 2, Interesting

    It really would take an indefinite time period to un-fuck windows. Anybody who has done coding for an O/S or a large application knows the difficulties inherent in un-fucking any kludgey pile of spaghetti code.

    More problems would be introduced in the process, rendering the final product very unstable. This is exactly what Microsoft wants to demonstrate--that the O/S can not function with IE removed.

    --
    "What is the sound of one belly slapping?"
  27. A pile of cash by iamwoodyjones · · Score: 1

    It's ironic seeing that advertisment with a hand handing over cash in the article with the M$ story. I bet that's exactly what the states saw when they dropped their display of modular windows.

  28. A cautionary tale by Chris+Canfield · · Score: 4, Funny

    "By Jove Sherlock, I've found the bloody knife with Moriarty's fingerprints all over it!"

    "That's astounding, Watson! I want to see this evidence. Moriarty, how do you feel about this?"

    "The law allows me time to consider this evidence, and I will need an infinite amount of it."

    "Well, we don't have an infinite amount of time, therefore we do not have enough time to consider the knife. Too bad, I really wanted to see it."

    "Case dismissed."

    --
    This Sig is a mnemonic device designed to allow you to recognize this author in the future.
    1. Re:A cautionary tale by tshak · · Score: 2, Insightful

      Anyone who thinks the case or even this isolated issue is this cut-and-dry is ignoring intelect and thriving on zealotry.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    2. Re:A cautionary tale by blindbat · · Score: 1

      IIRC, they didn't do fingerprints back in the Holmes stories. That was tech to come later in time.

    3. Re:A cautionary tale by Chris+Canfield · · Score: 5, Interesting
      Unsatisfied intellect begets zealotry when years beget nothing. Microsoft's proven abuse patterns and their enviable ability to outspend the consumer protection arm of the government has begotten a bit of lighthearted humor.

      Perhaps the dear reader of the twice-above post will realize that neither moral justice nor the public's economic interest is best served when justice hinges upon the ability to pay. Or perhaps they will just walk away having recieved the message that "Microsoft is evil." I have no moral qualms about putting that message into people's heads, as Microsoft's behavior record should be what people use in deciding the value to society of a corporation. If and when they finally prove me wrong, I promise to recant. However, with the actions WRT Opera, Dr. Dos, Samba, security through obscurity, planned obselescence and obfuscation of the Word file format, and the proposed school computer settlement, I might as well promise to move to Tibet upon a semblance of a genuine corporate philanthropy.

      --
      This Sig is a mnemonic device designed to allow you to recognize this author in the future.
    4. Re:A cautionary tale by Permission+Denied · · Score: 1
      Sir, your prose is impressive, and not only in the light of comparison with other slashdotters. Truly amusing and refreshing.

      Minor quip: the "DR" in DR-DOS stands for "Digital Research" as far as I can tell, so I'm not certain that "Dr. Dos" is kosher.

    5. Re:A cautionary tale by Anonymous Coward · · Score: 0

      ummm, that was an example, dude. You know, showing a comparison as to further clarify a situation?

    6. Re:A cautionary tale by blindbat · · Score: 1

      _Obviously_, my dear Watson!

    7. Re:A cautionary tale by cookd · · Score: 1

      Well written, and good point. However, the fact remains that the original post's analogy was extremely oversimplified and was pure rhetoric. Your rebuttal also was largely rhetoric, but had enough substance to stand on its own. Good for you. And I agree with some of your points.

      The problem is that the second post is absolutely right. There has been almost nothing but oversimplification, rhetoric, and overzealousness in this forum (Slashdot) with regard to Microsoft for a long time. Few are actually discussing the issue in a reasonable, rational way. I just see "mee two" and "meee threee" posts.

      I think the issue is much more complicated than most of these postings make them out to be. Does anyone here have any experience with Embedded XP? Does anyone here know which components in Windows depend on MSHTML.dll, and what it would do if that were removed? These are actually good things to discuss, IMHO. But I agree with the second post in that simply making grand analogies doesn't do anybody any good.

      --
      Time flies like an arrow. Fruit flies like a banana.
    8. Re:A cautionary tale by Anonymous Coward · · Score: 0

      Yep. It's called: BY Hook Or BY Crook

      And it sounds amazingly like this other recent tale we've heard:

      SCOTUS: Hear ye Hear ye! THe 14th amendment demands that all citizen's votes be counted equally - we can't condone handcounting methods that vary from county to county that could result in some citizen's not having their vote counted because they live in one county rather than another. Therefore the handcounting mandated by state law in florida in the event of a close election must stop until an evenhanded uniform votecounting standard is in place in Florida.

      Fla: Great we'll be right back...

      SCOTUS: TOo late Too late! We hereby anonymously decree in a divided 5/4 vote there won't be time enough for the recount despite the fact that the Constiutution actually provides several more weeks for the counting to take place. We don't care about that... the plaintiff has a presumptive right to be considered President-Elect since his pappy was President and appointed some of us. Junio-- Governor Bush that is would suffer an "irreparable harm" to his claim to the Presidency (his by birth) if the votecounting were to continue under any standard (standards which btw we have NEVER required of any state before, nor WILL again! Nor even mentioned before.) Therefore, (deep breath)
      Stop the election Stop the election ! BUSH IS KIN... President BUSH IS PRESIDENT BY a 5 TO 4 decision of THE SUPREME COURT OF THE UNITED STATES OF AMERICA!

      Fla: er.... what about the Constitutionally guaranteed 14th amendment rights of all the states' citizens to have their votes counted EQUALLY? You know the 14th Amendment - you were just telling us about it?
      Some citizens in fla (thousands) who cast VALID ballots have never had their choice recorded at all! (Rejected by machines, never tabulated by hand) And now they never will have them counted despite their decisive impact upon the national election. To protect their supposed right to have their votes counted by the exact same method they will lose their rights to have their ballot counted AT ALL ??? What kind of right is that? Where is THE PRECEDENT FOR THIS? How is this FAIR?

      SCOTUS: go away children, the Great OZ HAS SPOKEN!
      Let there be wifebeating and handguns throughout the land ! KING GEORGE IS THE ANNOINTED LAMB OF JEHOVAH!! Let a thousand oil rigs bloom!
      There is no time for appeal. Damn the Constitution which has not one word alluding to a role for the Supreme Court in adjudicating presidential elections! Damn that old parchment that says Presidential elections are altogether up to the States and the Congrees. We, SCOTUS have acted decisively and immediately to prevent a "national crisis" (We'll pretend like shredding the Constitution doesn't immediately cause one itself)
      You ask for Precedent? We give you President Bush, and that my fine little peons, is Precedent INDEED!
      (we make it up as we go along - get used to it)

      ---------------------

      Well as you can see in both stories, the wicked never have time for justice. It's always too inconvient and too gosh-darned timeconsuming somehow. We'd all be better off, you see, adopting their proposed expediencies. Best thing for us, really. Never mind that their shortcuts always seem designed to secure HUGE advantages for them and their paid-up constituencies.

      When you have stolen elections enmeshing two out of three governmental branches in outright Constitutional illegitimacy , can it REALLY come as any wonder that the People's advocate fails to perform and and protect in a zealous way when one of its Favorites comes before the bar? Microsoft contributed greatly to the Bush-Putsch in FLorida, and to the Inauguration, and Microsoft, the company, contributes predominantly to Republican candidates and even more predominantly to Republican softmoney funds. (the rank and file employees however tend to contribute personally more to Democrats)

    9. Re:A cautionary tale by tshak · · Score: 2

      Your link to cnet is largly based on subjective material. Although I agree with some of said material (and some if it just pisses me off!), my stance is not disproven. This is not as cut-and-dry as your analogy implies. You and I may have our opinions about some of the evidence, but the issue is extremely complex and deserves the scrutiny that many on /. are not willing to give it.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    10. Re:A cautionary tale by CubicDDD · · Score: 1

      Actually, they used a bloody Fingerprint in the Story: "The Adventure of the Norwood Builder"
      in "The Return Of Sherlock Holmes" (1904)

    11. Re:A cautionary tale by Sloppy · · Score: 1

      Now, now. I recall an episode of "Brisco County Jr" that used fingerprints. Since that TV show was always historically accurate, and its setting pre-dated Holmes (or was contemporary with Holmes, at worst), it can be concluded that Holmes, were he as smart as Brisco, could have used fingerprints.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    12. Re:A cautionary tale by Ionized · · Score: 1

      infinite != indefinite

      smarty pants.

  29. Possiblity of modularity already established by Titusdot+Groan · · Score: 2, Interesting
    The actual demo is really unnecessary to the states case. Simply by asking to show the demo they have "proven" that States claim that a modularized windows is possible, indeed it is possible by somebody other than Microsoft. Microsoft used a cheezy legal trick to prevent the demo, indicating they had no effective rebuttal to this claim.

    I really, really, really hope this is a good judge. There is plenty of good signs, she allowed this demo, but she's been *really* careful to give Microsoft the benefit of the doubt and every turn. Microsoft has been convicted and that conviction has been upheld on appeal, so she has only to set a fair and reasonable sentence.

    The real concern I have is that she's been so good there is not going to be much room for an appeal either way ...

  30. This is insane by Mathness · · Score: 1

    An attorney for the states said they had made the decision to avoid prolonging the case after Microsoft said it needed an indefinite period of time to prepare its response.

    Why didn't they at least wait until the judge made a comment about this? If MS did indeed state this, isn't a contempt of the law/judge, since MS already have stated this is impossible, and therefore should only be given a fixed time to prepare. As I remember the judge found this information rather useful for the case/ruling.

    If the judge does not refuse this withdrawel of evidence, I figure the states have already lost.

    Argh, this made my head hurt.

    --
    Carbon based humanoid in training.
  31. I was skeptical. by oGMo · · Score: 2

    I had this hope, you know, that the people here who said "the states are just holding out for money" were wrong; that the states actually cared. I saw this demo and thought "yes, this may be the final straw." Clearly I was naive and overly optimistic.

    I'd like to know what a lawyer has to say about whether Microsoft would indeed be given "indefinite time" for its response or would rather the Judge would tell them they're screwed. The fact the states gave up their most damning presentation just because Microsoft basically said they had no defense is to me unforgivable. Is there no hope? Do people not care anymore?

    --

    Don't think of it as a flame---it's more like an argument that does 3d6 fire damage

    1. Re:I was skeptical. by Anonymous Coward · · Score: 0

      When the states pull legal stunts like asking to introduce large volumes of evidence with essentially no notice late in a trial, then yes, MS would be given a pretty substantial amount of time to prepare if permission to enter the evidence was granted.

  32. Re:Linux by iamwoodyjones · · Score: 1

    Other then the fact the dude is a millionare. ???? How? How could that have happened? Well, he's so well know for the OS, that Red Hat gave him a ton of shares that neted him a cool few million. Then, he was hired by transmetta for a few million every year because of his skillz. Yes, that's skillz with a z =P

  33. Funny advert! :) by burtonator · · Score: 1, Offtopic

    OK... So I go to read the article and I got this advertisement

    It isn't the text... it is the image right next to the article!

    Mod this up as funny! :)

    1. Re:Funny advert! :) by Anonymous Coward · · Score: 0

      1. That ad isn't funny.

      2. You shouldn't tell people they should mod you up, dillknob.

  34. what it boils down to... by speedfreak_5 · · Score: 1

    Robber (M$): gimme all your money!

    Victim (9 states) sure! let me just holster my gun that I could have killed you with!

    I don't think that was a good move. They had evidence that could have possibly proven Bill G. lied in court and that Windows could be made modular. Any attack would have been better than no attack at all.

    --
    Why yes I am paranoid! Thanks for asking!
    1. Re:what it boils down to... by spectecjr · · Score: 1

      I don't think that was a good move. They had evidence that could have possibly proven Bill G. lied in court and that Windows could be made modular. Any attack would have been better than no attack at all.

      Possibly, just possibly, the States realized that they were flat out wrong. Ever considered that as a possibility?

      Simon

      --
      Coming soon - pyrogyra
  35. Dirty Tactics by ackthpt · · Score: 1
    that it will take _forever_ to prepare a rebuttal,

    Just until the next version, (what, Longhorn?) to come out? That'd kick the legs right out from under the whole wossname, eh?

    --

    A feeling of having made the same mistake before: Deja Foobar
  36. Good and Bad by Tremul · · Score: 1

    From their decision it looks like the states are commited to beating Microsoft. They obviously want this to get solved now.

    On the other hand if they had waited this out it would have been severely damaging to Microsofts case. Oh well.

    --

    "Can't sleep. Clowns will eat me"
  37. MS doesn't "win this round" by pyrrho · · Score: 5, Insightful

    Gates admitted that Embedded XP was modular and was based on the same technology as regular XP. He admited it could be modular IF Microsoft Wanted. What more is there to prove. In reality reducing it to a demo of someones hack to put XP embedded on a PC only risks making it look bad. In reality, I think it's better this way.

    Remember: Everything Bill Gates et al said on the stand would lead the judge to think it can be done... and if she thinks that a demo cannot do anything more...

    I was happy to see the judge allow the demo in the first place, but not so much so she would see it, but because it shows she's open to evidence that Microsoft is culpable and not particularly honest in what it claims to the court.

    --

    -pyrrho

    1. Re:MS doesn't "win this round" by tshak · · Score: 2

      Gates admitted that Embedded XP was modular and was based on the same technology as regular XP. He admited it could be modular IF Microsoft Wanted. What more is there to prove.

      Please mod parent up. This is an extremely important point - especially to those conspiracy theorists that are claiming that MS has bought the DOJ hence why the demo is not important. Wrong. The demo is irrelevant.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    2. Re:MS doesn't "win this round" by sheldon · · Score: 3, Informative

      Gates never claimed that it could not be done. Madnick(the Prof from MIT) never said it could not be done.

      Their argument the entire time was that it was infeasible to be done. Basically the argument was that it would substantially increase the cost of the OS because of the amount of additional testing that would need to be performed. Not just to Microsoft, but also to the OEMs, or otherwise the problems of stuff not working would be pushed down onto Consumers, which would not make anybody happy.

      Now the question the states have to answer is whether or not this extra cost is justified. i.e. does the benefits offered to increased competition outweigh the costs pushed onto MS, OEMs and consumers as a result of this.

      It's not exactly clear to me how you can be dishonest about that since it is a value judgement, loosely based on opinion. But if you disagree, which I'm sure you do, I would highly encourage you to provide some quotations from the trial transcript which substantiates your claim that Microsoft was not honest in court.

    3. Re:MS doesn't "win this round" by pyrrho · · Score: 1

      the problems of stuff not working would be pushed down onto Consumers

      I think we are already in that situation. That is where the problem has been pushed down to already.

      It's not exactly clear to me how you can be dishonest about that since it is a value judgement, loosely based on opinion.

      I think this is a fallacy, and a common one. The fact that it's a value judgement doesn't mean you can't be dishonest about it. Dishonesty would be saying "I think it's impossible" when you really think it is possible. Saying, "It's unworkable" when you know it is workable. My expeience with Microsoft shows that they know, like the rest of the industry, that modular building blocks are the way to make code more efficient, easier to change, more flexible. I hold that Windows is ALREADY modular, and they already cannot test all possible configurations of Windows+Applications. In fact, I believe that MS has made Windows modular underneath to REDUCE it's own costs... and it's the REDUCTIONS in cost and trouble that they do not want to export.

      But if you disagree with all that fine: but please realize it's not difficult to understand how one could be dishonest about a matter of opinion, it's by lying about what you really think. I don't believe that Bill Gates thinks that Windows would be more expensive to produce in a modular fashion.

      --

      -pyrrho

    4. Re:MS doesn't "win this round" by cookd · · Score: 1

      You are right. And it is this modularity, and the code reuse that comes with it, that is the clincher. So many pieces now depend on the "browser" pieces (actually, the browser is just a tiny shell on a COM component). All kinds of pieces now depend on the same COM component.

      If MS is forced to remove the browser, it would be like telling a farmer "you may no longer use this tractor. Instead, you need 1 puller, 1 pusher, 1 lifter, 1 portable engine (for PTO use),...". Microsoft has reused the browser components for parsing, rendering, and graphics throughout the os.

      --
      Time flies like an arrow. Fruit flies like a banana.
    5. Re:MS doesn't "win this round" by sheldon · · Score: 2

      "I think we are already in that situation. That is where the problem has been pushed down to already."

      No, this is the problem that Microsoft has been trying to address since Win2k/Me and has achieved a fairly good result with XP.

      "I hold that Windows is ALREADY modular, and they already cannot test all possible configurations of Windows+Applications. "

      This is a fallacious argument.

      Because you cannot achieve 100% test coverage today, does not mean it is an acceptable risk to increase the complexity of your test cases by introducing further variation. You obviously know nothing about testing and risk management.

    6. Re:MS doesn't "win this round" by hysterion · · Score: 2
      Madnick(the Prof from MIT) never said it could not be done.
      Their argument the entire time was that it was infeasible to be done.
      Aha.

      "They didn't claim it's not doable , only that it's not feasible ."

      Does this argument depend on preliminary agreement on the meaning of the word "not" (or something like that)?

    7. Re:MS doesn't "win this round" by pyrrho · · Score: 1

      Obviously?

      No, I understand the complexity. I've deployed a lot of software. A modular approach is one where the interactions between pieces are well defined. Unit testing those modules can then work, simplifying the testing to a series of small tests. That's the obvious thing. If I can remove the gas pump from a car and test it independently, that makes the car easier to test as a whole. You advocate making the gas pump irreplaceable and hope to imply that makes the car easier to test!

      --

      -pyrrho

  38. Not surprising by Keighvin · · Score: 2, Insightful

    Dragging this whole affair out has been to Microsoft's advantage since the beginning, and they're squeezing every possible drop from it. In the meantime they continue to work unregulated and haven't changed any of their business practices: the playing field of the browser war (which initially started this) has altered dramatically since. It's likely that unless new evidence of continued abuse can be brought to the attention of the courts, andy remedy handed down will be both out of date and inadequate.

    --
    Any spoon would be too big.
  39. They need time to change the past by mycal · · Score: 1

    Snapshot that embedded XP release, 10 to 1 they pullit and revamp it to
    change the past, thats why they need time. They totally would sacrafice
    a product to win a court case.

    I've just run into somthing similar as reguards to winsock direct, they've
    pulled all the docs and sample driver away because they are going to change
    it and don't want developers to develop for it in there advertized DDK way.

    They don't want to admint they totally messed up, so they are covering it up,
    revamping it and re-releasing it.

    mycal

  40. Some damage is already done by Anonymous Coward · · Score: 1, Insightful

    This isn't a total victory for them. Granted they didn't get to enter it into evidence, but everyone heard it is possible. It's not as good as a demonstration, but you can bet the judge got the point, even if it can't be used as a legal justification for her ruling.

  41. I'll save you some breath by cscx · · Score: 4, Insightful

    [/mnt/win_ntfs/program files/internet explorer]% more 98lite.bat

    deltree /y "c:\program files\internet explorer\iexplore.exe"


    Of course it CAN be done. The point that everyone seems to be missing is that by removing IE's core components, you also tend to break a lot of applications. No one seems to freakin' mention that for 98lite to COMPLETELY remove IE from Windows 98, you need to provide the Windows 95 explorer.exe, comctrl32.dll, and shell32.dll files. Note that since you own a licensed copy of Win98 doesn't entitle you to a licensed copy of those Windows 95 files.

    So yeah, from a _Windows 98_ machine, it's impossible to remove all of IE's "core components" (well whatever you consider them) and still have a functioning Win98 machine, without additional modifications. You will undoubtedly break some apps, or have future apps be broken that have shdocvw.dll or mshtml.dll (a LOT) as dependencies.

    Do me a favor and remove glibc from Linux and tell me how that goes. Remember Linux is "modular"!

    1. Re:I'll save you some breath by Jeffrey+Baker · · Score: 1

      Microsoft could release the API and then a 3rd party could implement the interface. That would create the possibility of non-microsoft providers of mshtml.dll.

    2. Re:I'll save you some breath by Anonymous Coward · · Score: 0

      What you say may be true (i believe it is) but it remains to question Why that is?

      It strikes me as strange that all of this browser integration bollox started after the initial investigation.

      Billy G: "shit what can we do - their gonna prevent us bundling IE"
      Minnion: "I know - why don't we integrate it with our filemanager and help system"
      Billy G: "Explain"
      Minnion: "Well then, when they try and remove IE it will break the rest of the system"
      Billy G: "Yes! Then we can claim that we have to ship IE. Big fat payrise for you"

      So - Ms have been naughty, they've then developed a situation which prevents them being punished without knockon harm. Very clever - but should we let that be a reason to not punish them? Hell No.

      imho IE should be removed, and WMP should be removed. Some things will break imediately, but within a short period of time MS will develop a system that works - even without the additional components. Painfull as it is, this is the best way to enable some competition back into these areas.

    3. Re:I'll save you some breath by cscx · · Score: 1

      Yeah, while we're at it, let's outlaw web browsers as file managers all together. We should pull them from MacOSX, kill off Konqueror, eradicate anything that even looks like a web browser as a file manager.

      Some things will break imediately, but within a short period of time MS will develop a system that works - even without the additional components.

      Solution:

      1. Copy shdocvw.h and shdocvw.c into explorer.h and explorer.c

      2. Copy mshtml.h and mshtml.c into explorer.h and explorer.c

      3. Click compile!

      Hey! -- it's no longer "integrated," now it's "just a shell." How can a shell .exe be illegal?

    4. Re:I'll save you some breath by jabster · · Score: 4, Insightful

      a good reply to this mught be:

      which part of KDE does linux need to function properly?

      why would an OS *NEED* a web browser to function?

      -john

      --
      Slashdot: you'll not find a more wretched collection of villainy and disreputable types...
    5. Re:I'll save you some breath by Arker · · Score: 2

      You don't break 'a lot' of applications. Very few have any problem with this, and the ones that do hardly 'break'. For instance, edonkey uses mshtml.dll to display an add banner, in it's absence, you just don't get the ad banners. Big whee.

      My browser is registered with the system, any application that wants to bring it up can, easily. This is more than enough 'integration' for me, thanks.

      Yes, unfortunately you do need a licensed copy of 95 to legally make later versions work they way I and many others want it to work - but for MS that is not a problem, being that they own the copyright they could make it available in any way they want. They could come out with XP light in a week if they wanted it, without the integration. That's the whole point, though, they want to shove this 'integration' down the throats of everyone that uses their OS, in order to control the internet. This is why they were convicted in the first place, and any 'remedy' that leaves them free to continue doing what they were convicted for is nothing more than a farce.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    6. Re:I'll save you some breath by cscx · · Score: 1

      Yes, unfortunately you do need a licensed copy of 95 to legally make later versions work they way I and many others want it to work - but for MS that is not a problem, being that they own the copyright they could make it available in any way they want. They could come out with XP light in a week if they wanted it, without the integration. That's the whole point, though, they want to shove this 'integration' down the throats of everyone that uses their OS, in order to control the internet. This is why they were convicted in the first place, and any 'remedy' that leaves them free to continue doing what they were convicted for is nothing more than a farce.


      Why should MS give a fuck what anyone thinks? Not happy with their version of explorer.exe? It's called GNU/Litestep [note: the preceding link was generated by RMS-Link-Approver]

      They can write explorer.exe however the fudge they want to; if someone doesn't like the little address bar at the top of the screen, they can delete explorer. Windows doesn't need explorer (and in that case it doesn't even need IE core components either) to FUNCTION; however, explorer and other apps do.

      Imagine if Linux didn't come with any dependency libraries.

    7. Re:I'll save you some breath by sheldon · · Score: 2

      Why would an OS *NEED* a shell to function?

      Answer: it doesn't. You can completely remove bash, csh, ksh and all the other shells from your Linux install and the kernel will still boot up fine.

      *You* as the user won't be able to do much, but hey that's not my problem. If you want to define the OS as being without a user interface then be my guest.

    8. Re:I'll save you some breath by Anonymous Coward · · Score: 0

      DOS doesn't require IE to run. Linux doesn't require KDE to run.

      Many KDE apps require konqueror components to run. Many Win98 apps require IE to run.

    9. Re:I'll save you some breath by TheAJofOZ · · Score: 2
      Yeah, while we're at it, let's outlaw web browsers as file managers all together. We should pull them from MacOSX,

      Mac OS X does *not* have an integrated browser at all. IE is just a normal application on OS X and can be uninstalled by dragging it to the trash. If you look around you'll see there's a huge amount of competition in the browser market. Mozilla, IE, Chimera, Opera, OmniWeb and a few others are all being used by significant numbers of people.

    10. Re:I'll save you some breath by Alsee · · Score: 2

      Note that since you own a licensed copy of Win98 doesn't entitle you to a licensed copy of those Windows 95 files.

      Microsoft is trying to argue that they are incapable of complying with a court order to create an EI-free version of Windows. Well, Microsoft certainly has the authority supply Win95 files. They just don't WANT to ship IE-free Windows.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    11. Re:I'll save you some breath by cscx · · Score: 1

      My bad. I thought the osx finder was a browser-type finder, but I guess I was wrong. Or did that idea end up in the dumpster with the failed Copeland project?

    12. Re:I'll save you some breath by cscx · · Score: 1

      Once again we reach the point of "what exactly is IE free?" Which is why this case is destined never to end. Like I said before, you can delete iexplore.exe just fine, and technically "there is no IE on your system," but explorer is using IE core dlls, so explorer would break functionally if you delete those files.

      Like I said earlier, if you're not happy with your shell, delete the DLLs and use WinStep or Evwm (strangely resembles twm, or any other of a slew of replacement shells for windows. Search the net, Use Google!

    13. Re:I'll save you some breath by Anonymous Coward · · Score: 0

      The API is well documented you stupid troll. And just what we need, 10,000 implementations of the same thing. Great thinking Slashbot.

    14. Re:I'll save you some breath by TheAJofOZ · · Score: 1
      Or did that idea end up in the dumpster with the failed Copeland project?

      I don't believe there was ever a plan to make a browser-type finder, but I could be wrong. I didn't follow the original Copeland project much.

    15. Re:I'll save you some breath by Anonymous Coward · · Score: 0

      You are a no nothing twit!!

      Apple *NEVER* planned to integrate the browser. EVER. NEVER. EVER. Got it?

      Copland's Finder (actually, the Allegro prototype too but OpenDoc was Steved so...) would have been an OpenDoc container which meant the user could have browsed their system through the CyberDog web browser OpenDoc components, for example. This is COMPLETELY different from the IE integration bullshit and *TRULY* modular.

    16. Re:I'll save you some breath by Alsee · · Score: 2

      explorer is using IE core dlls

      Exactly the way Microsoft designed it to.

      so explorer would break functionally if you delete those files

      Exactly the way Microsoft designed it to.

      Once again we reach the point of "what exactly is IE free?" Which is why this case is destined never to end.

      Sure, they can bog things down in excessive legal mudwrestling if the judge allows them to. How about this for a ruling (chuckle):

      "You have the the best experts to design Windows to be modular and legal. YOU work out the details. Don't play games with loopholes.
      You have legal experts to advise you on illegal business practices. YOU work out the details. Don't play games with loopholes.

      Sentence: I am letting you off pretty much scott-free. Just one condition. Until further notice, you, Bill Gates will appear before me on a yearly basis. End of sentence.

      If at that time I find a lack of good-faith compliance I will fine Microsoft one billion dollars, and you, Bill Gates will rot in jail for three months on contempt of court. Penalty will double for subsequent violations."


      Ok.. ok... my imagination ran wild, but I bet it would work wonders :)
      There must be some kind of legal mechanism that sort of says "you know what needs to be done, don't fsck with me".

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    17. Re:I'll save you some breath by delta407 · · Score: 1

      Note that since you own a licensed copy of Win98 doesn't entitle you to a licensed copy of those Windows 95 files.

      Actually, I'm not sure about Win9x, but a Win2k license agreement I know of entitles the licensee to run Win2k, WinNT4, Win98, or Win95. So, it may be legal -- I'd have to check, though.

      Of course, then there still is the issue of legally obtaining a Windows 95 CD (or floppies, gag) so you can grab your files...

    18. Re:I'll save you some breath by toopc · · Score: 1
      You don't break 'a lot' of applications. Very few have any problem with this, and the ones that do hardly 'break'. For instance, edonkey uses mshtml.dll to display an add banner, in it's absence, you just don't get the ad banners. Big whee.

      Considering that edonkey receives money based on the concept that people will see those banner adds, it's probably a big whee to them.

      In other words they depend on the functionality provided by mshtml.dll to derive a portion of their revenue. So while you may not miss that feature, they, and any other company who based part of their product on the assumption that Windows works a certain way, most likely would.

      A lot of people seem to be overlooking that just because the states claimed they had a modular version of Windows, it doesn't mean they have a modular version of Windows that would be able to fill real world needs. Windows needs to be consistent enough so that when a company writes software for it, they know their software will install and run as they intended no matter which modular Windows one happens to be running. Without a demonstration and critical review of Bach's modular Windows the court cannot know if it was the real deal or just a dog and pony show.

    19. Re:I'll save you some breath by nhavar · · Score: 2

      Okay so then can you tell me why everyone else started integrating browser components into everything? What are they trying to get around? Intuit uses browser compenents for it's Quicken stuff, some IDE's do, KDE has integrated Konqueror, etc. If MS's sole reason for integrating IE was to bypass restrictions then what's everyone elses excuse.

      Note: Marc Andreessen stated prior to IE OS bundling that (and I paraphrase here) "We don't want to sell a shrink wrapped product. We want to bundle our software with other packages and preload it on the equipment." The part where MS got into trouble was that they owned the "other packages" and leveraged those to get the browser bundled. Otherwise bundling appears to be a valid option.

      --
      "Do not be swept up in the momentum of mediocrity." - anon
    20. Re:I'll save you some breath by FrostedWheat · · Score: 2, Informative

      Do me a favor and remove glibc from Linux

      Why yes, of course. Try uLibc. Very nice little package. And while I know you can't run every app using it, you can run most. But the point of my post is, you can remove gLibc if you want. You have that option. You have NO such option in Windows98.

    21. Re:I'll save you some breath by Anonymous Coward · · Score: 0

      Fortunately, 98lite is not the only product available at www.98lite.net.

      Note this:
      IEradicator 2001

      "IEradicator is tiny, script that uses the Windows setup engine to surgically remove Internet Explorer versions 3 through 6.0 from Windows 95, Windows 98, Windows 98 Second Edition, Windows Millennium and Windows 2000(sr1)."
      ...
      "IEradicator then pulls out the cleaning gear and gives the registry a good polish before returning control back to you. The MS HTML Engine (shdocvw.dll and mshtml.dll) is left on the machine to provide needed functionality for other applications that render HMTL (e.g. Outlook Express) or that launch a mini-browsing window (e.g. Winamp's Mini Browser, Netmeeting's Online Directory)."

      http://www.98lite.net/ieradicator.html

      Regards,

      W.

    22. Re:I'll save you some breath by Anonymous Coward · · Score: 0

      Why not just set the shell to startx?
      If you use gdm or xdm or such, then you don't need a shell at all, when the user logs in, then X starts, pops open the windowmanager, and takes it from there.

    23. Re:I'll save you some breath by Anonymous Coward · · Score: 0

      Help! Both the original argument and this counter-argument make complete sense to me! My brain is pulling in strange directions in an effort to resolve this one

  42. wait a sec... by Anonymous Coward · · Score: 0

    how can the states create their own version of Windows without violating the DMCA?

  43. Good tactic from states by aralin · · Score: 3, Interesting
    Basicly they said, we have an expert who can do it, but we won't show him. Now they got in CKK's mind that its possible, but never gave M$ a chance to rebute it by withdrawing for pretty sane reasons. I think they scored big time with this trick. Especially since the blend of Embeded WinXP and WinXP , which is what it most likely is, would not work all that well and they can expect it.

    You need to think a little bit more like lawyer to see how they can score points in the trial.

    --
    If programs would be read like poetry, most programmers would be Vogons.
    1. Re:Good tactic from states by Anonymous Coward · · Score: 0

      > You need to think a little bit more like lawyer to see how they can score points in the trial.

      ...and you think CCK's a sufficiently poor judge, with such an inadequate legal background, that none of this has occurred to her? "Those sneaky lawyers, putting one over the judge! (who was a lawyer herself...)"

    2. Re:Good tactic from states by JFMulder · · Score: 3, Insightful

      The states have accomplished nothing in court today. This wasn't clever at all, and just plain stupid. If it isn't shown in court, then the judge has to dismiss the idea and not take it into account when making his/her judgement.

      They scored no point at all. In fact, I wouldn't be surprised if the judge though less of the states lawyers now.

  44. Re:Threat by Anonymous Coward · · Score: 0

    this isn't a troll, this is truth

  45. Legitimacy by Anonymous Coward · · Score: 0

    Actually, bringing in a major piece of evidence eight weeks into the trial with no warning is usually considered a dirty tactic.

    1. Re:Legitimacy by Anonymous Coward · · Score: 0

      Microsoft has known that they were preparing a modular version for a while now.

    2. Re:Legitimacy by cookd · · Score: 1

      Yep. And from what I know, it is quite standard to rebut evidence. And it is normal to have a reasonable amount of time to prepare the rebuttal. If the characteristics of the evidence are unknown and vaguely presented, it would be logical to conclude that Microsoft would not commit to any particular deadline for the preparation of the rebuttal until it knew what it was dealing with... Hence an indefinite amount of time required for preparation of the rebuttal.

      Of course, it might have been quite different. Having just a snippet out of the news to work with leads to faulty analysis. You are then free to interpret the snippet however you want...

      --
      Time flies like an arrow. Fruit flies like a banana.
  46. That is my story, good friend by LOTR+Troll · · Score: 0

    Check my journal and Trollaxor.com when it comes back online. I thank you for your interest in my work.

    --Weenus

    --

  47. Not the court's problem. by Anonymous Coward · · Score: 1, Insightful

    The amount of trouble MS would have to go through to get windows un-fucked, and the amount it would huirt the functionality of their product, is not really an issue the court should care too much about.

    What matters is, what is needed to restore competition in the computer apps market? Once the answer to that is known, that is what the court needs to impose.

    The thing that everyone keeps forgetting is that if MSIE is hard to extricate from the OS, *it is because microsoft designed it that way --for the sole purpose of evading court orders to extricate the two--*. It is very, very important to keep this in mind. It is not becuase of technical reasons. It is because with windows 98, microsoft tried to start intertwining DLLs with the purpose of making a "seperate the OS from the browser" order quote "impossible" unquote to carry out.

    With that in mind, any crap that happens to microsoft as a result of the final judgement against them is not the court's problem. "You can't impose this judgement because we're going to drag our feet and we've been spending five years trying to ensure this judgement will be really hard to carry out" is not a reason to drop the judgement, it's a reason to fine the MS executives and split up the company, since htey've made it clear they will spit in the face of any judgement performed against them and made it clear the only way to get them to comply is to force them into a break up.

  48. OT: Your sig -- urban legend by Ethelred+Unraed · · Score: 1

    The "Ich bin ein Berliner" thing is actually inaccurate. Yes, there is a pastry in Germany called a "Berliner" which is sort of like a jelly doughnut -- for that matter, there is also a pastry called an "Amerikaner", which is like a large frosted cookie (don't ask). But Germans actually roll their eyes when American tourists laugh about Kennedy's quote, because the Germans not only perfectly understood what Kennedy meant, but also Berliners actually *do* call themselves Berliners.

    Technically, he could have said "ich komme aus Berlin" (I come from Berlin) to avoid the theoretical confusion, but in the context of the speech it wouldn't have made any sense.

    The Germans still revere Kennedy for having had the balls to stand up to Khrushchev and the DDR for putting up the Wall (or the "anti-fascist protection barrier" as the East Germans called it). Many German cities have a road or park named for him, more than any other American president or other foreign leader I can think of. There's even a memorial to Kennedy near the site of the Wall, which of course has "Ich bin ein Berliner" in huge letters on it. They hardly thought the quote was embarrassing. In context, it was a very stirring speech, one of the best he gave.

    (Compare that to Clinton's rather lame "Amerika steht an Ihrer Seite, jetzt und fuer immer" -- "America stands at your side, now and for ever". Grammatically correct, but boring. Reagan didn't bother with German, but his "Mr. Gorbachev, tear down this wall" is at least more memorable.)

    Anyway, see http://www.watzmann.net/scg/faq-25.html for a discussion of this.

    Cheers,

    Ethelred

    --
    Everyone wants to be Ethelred. Even I want to be Ethelred.
    1. Re:OT: Your sig -- urban legend by Suppafly · · Score: 2

      thank you.. i was about to post an offtopic statement basically saying the exact some thing..

  49. What the hell are the "Windows ASPs"? by Anonymous Coward · · Score: 0

    What the hell are the "Windows ASPs"?

    1. Re:What the hell are the "Windows ASPs"? by sbrown123 · · Score: 1

      Im guessing the person is talking about Active Server Pages? But how removing them (IIS?) and installing Linux instead makes no sense.

    2. Re:What the hell are the "Windows ASPs"? by Anonymous Coward · · Score: 0

      Oh yeah? You try to think of something cool to write and still get first relevent post!!!!!!!

  50. Modular Windows == Fragmentation by Fulg0re- · · Score: 1

    For Microsoft to even possibly offer a "modular" version of Windows will lead to significant fragmentation. How would it even be possible for them to sell their OS in the market?

    Now about Microsoft's software monopoly, specifically, Internet Explorer(IE) and Office. IE is integrated with Windows because these days, a web browser is a necessity, just as a calculator, or CD player is. Don't tell me it's not a necessity, because it IS. How many of you out there use a CD Player or Calculator as much as you do a web browser? Most of you don't, and one could even interpret that as meaning a web browser is MORE of a necessity than a calculator. But I don't really think that. I do however think that Microsoft has the right to bundle and integrate IE with Windows, just as they have the right to bundle Disk Defragmenter. And if there's a superior product like Norton SpeedDisk, people will use that instead, without needing to have the ability to uninstall Microsoft's Disk Defragmenter.

    I think that IE's integration with Windows is great. Take for example the thumbnails you get of webpages and images when you select a file. I think that most people love that. And if you don't like it, and it slows down your computer, you can turn it off for God's sake. IE is the reason you can now right-click on a file or directory in your start menu, select "Rename" and be happy that you don't have to right-click on the Start button, click "Open", navigate through to the file, then rename it. There are even cooler time-saving things you can do if you install PowerToys, but that's off-topic.

    Let's say Internet Explorer is no longer bundled with Windows. I'm pretty sure that AOL is bundled with every Windows computer on sale today and that AOL installs IE ever since version 3.0. That kind of defeats the purpose of removing IE, doesn't it?

    To allow remedies that would make Windows modular would simply force Microsoft to remove Windows off the market. It would require significant re-engineering of the entire product, a task that could take years.

    Windows XP Embedded is totally different. It's not meant fot the desktop. Ok, so it's the Windows XP kernel. Big deal. I doubt one could make a modular version of Windows with simply the XP Embedded code, that could run *every* single application that Windows XP can.

    1. Re:Modular Windows == Fragmentation by rseuhs · · Score: 4, Interesting
      "Don't tell me it's not a necessity, because it IS."

      If it's necessary, why did Microsoft sign the consent degree NOT TO bundle IE in the first place?

      No MS-apologist could answer that question so far....

    2. Re:Modular Windows == Fragmentation by Jester998 · · Score: 2

      "To allow remedies that would make Windows modular would simply force Microsoft to remove Windows off the market. It would require significant re-engineering of the entire product, a task that could take years."

      Uh, this is bad... how?

    3. Re:Modular Windows == Fragmentation by malfunct · · Score: 1
      I would like to know how many people use ONLY the linux kernel with minimal hardware support built in (keyboard, hard drive, basic video) and no applications (including no GCC)? Now how many of you use a complete distro such as red hat or debian? The first is the linux equivalent of Embedded XP and the second is the equivalent of Desktop Windows.

      Now on to the important part of my argument, because what I've noted at the top proves that windows "could be" modular. The real question is would a modular windows support the level of service for developers (not users) that Desktop Windows offers? NO IT WOULD NOT!

      I am happy that things like mshtml and httprequest exist and are included on EVERY installation of the OS. It allows me to write my software much more quickly and I don't have to think of wierd security issues with html or stuff every time I write a new app. It is done once when the module is created and is updated for nearly everyone at the same time with a patch from MS. We all nearly all agree that code and module reuse is a good thing but when MS wants to provide all of these modules on every copy of windows we scream. Noone says you HAVE to use them but please god let them exist for those of us that want to use them. Again I'm not speaking from a users standpoint but instead from the standpoint of a developer. Granted I could use the fancy libraries and include them in my installation but why force people to download all of the extra crap every single time they install when MS is kind enough to offer it bundled with the OS.

      Granted it means that MS gains its competative advantage, but hell they wrote an integrated system that works and if people decide they WANT to use that instead of spending time downloading another application then so be it, thats free market for you. If you want to use mozilla use it its all good. Your complaint that other parts of the OS use IE so its "always loaded" is rather stupid though because if the IE code wasn't doing the work you would have some other thing loaded up to do it and those resources would be lost anyways.

      --

      "You can now flame me, I am full of love,"

    4. Re:Modular Windows == Fragmentation by justsomebody · · Score: 1

      Yes it is, and that is good. Like first it would allow to build specialized versions of OS running software specified by a consumer. Not a mess version as is now.

      Modularity gives you one great aspect if you compare it to packed version. You can always upgrade one portion only, without touching other parts. Upgrading whole pack is proven to be expensive, while older software can't work as it was with older version. Modularity exludes that option, which makes that product more affordable and enjoyable to the consumer.

      By the way, AOL is moving to Gecko.

      --
      Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
    5. Re:Modular Windows == Fragmentation by Fulg0re- · · Score: 1

      And who exactly would be allowed to build specialized versions of the OS? Other vendors? You'd be kidding yourselves to conclude that the courts could force Microsoft to give up their intellectual property rights to other vendors.

      Moreover, although modularity allows customizabilily, do you think that translates into something that would be more productive for the typical consumer??

      Seriously, most typical Windows users don't know the difference between Windows 95 and Windows 98. Now would you expect them to be able to fully configure their own "Windows distribution"? Heck, there are enough problems with the numerous Linux distributions. Users need a desktop standard, not distribution after distribution.

      Arguably speaking, the success of Windows lies on the fact that it is not fragmented nor modular as Linux is. The computer software industry would collapse if there were not any "standard" development platform in place. No software developer would invest significant R&D to write programs if there were 'n' possible versions of an operating systems on the market.

    6. Re:Modular Windows == Fragmentation by justsomebody · · Score: 1

      Not to start a flame war. But modularity extends machine lifetime. By not being concerned with other things like some RAM demanding stupid upgrades nobody uses.

      ...... And who exactly would be allowed to build specialized versions of the OS? Other vendors? You'd be kidding yourselves to conclude that the courts could force Microsoft to give up their intellectual property rights to other vendors.
      The big plan is to make such version available to resellers. Isn't that so? That way resellers could benefit from other vendor solutions.

      ......Moreover, although modularity allows customizabilily, do you think that translates into something that would be more productive for the typical consumer??
      Yes it would. Especially looked from a companys point of view. User wouldn't need to be bothered with anything else but Software he uses. Just a case example. XUL is a very nice interface I'm starting to use. I could make application with Mozilla, where no IE would be present. As you've said typical user doesn't know the difference between 95 and 98. Just the same case as to explain to that same user why two WebBrowsers and why two mailers. That machine doesn't use any other software than webbrowser and mailer. (Not to be concerned with that, for that task I'm using Linux, does this job much greater than any Windows could)

      ......Arguably speaking, the success of Windows lies on the fact that it is not fragmented nor modular as Linux is. The computer software industry would collapse if there were not any "standard" development platform in place. No software developer would invest significant R&D to write programs if there were 'n' possible versions of an operating systems on the market.
      Not to argue, I agree with that point of view, and that's the main reason why both versions are demanded. For those who wan't complete solution complete solution, for those who don't wan't that give them modular, they probably know why they demand modular version. I personally don't like WMP, IE, MS Outlook, throw them out. Simple file browser, Mozilla, MicroDVD and Winamp would do thing much better, with no overburning system while doing nothing. That's one case other case you're missing is that modular version of Windows does not ban to add those features same way as IE3 was, on separate CD. That's a good compromise if you ask me.
      As for software for 'n' versions, :-) is that why they stopped developing Shake for Windows. Is that why every day more and more projects comes to Linux. Not to bother that part is needless to answer, you can look on Internet and see I'm right. :-)
      And success of Windows lies on that case they were the only one. OS/2 is a sad but true case, Way better but overlooked by the World and IBM (they alone made OS/2 loose (wrong tactics and IBMs deal with MS), Microsoft just contributed big part of that with non-fair play).
      There were no other system at that time or do you think DR-DOS as a competition to WIndows?

      --
      Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
    7. Re:Modular Windows == Fragmentation by Fulg0re- · · Score: 1

      I think you're mistaken on the extent that Microsoft is going to allow vendors to "customize" Windows. From what I understand, they are going to change *licensing* issues, and thereby allow other browsers (such as Netscape) to be the default browser. They did not agree to remove IE or WMP. And as I've pointed out, they will not invest the R&D to remove them either. I wouldn't either. If someone doesn't like my product, they can use something else.

      The problem is, everything else out there is fragmented (aside from perhaps MacOSX). Most users don't want to waste their time with fragmented distributions. Just look at all the Linux distributions.

      I should also add that you're confusing the term platform. In the terminology that the litigating states are using, I think the appropriate term is "middleware". If you were to now develop on Mozilla, and it were included in every version of Windows, you would simply be replacing one monopoly with another. I think you've also made another falacy. Do you really think IE became the dominant platform because of its inclusion with Windows? Or is it because Netscape's technology simply sucked, and it has taken then ~ 3 years to do a rewrite, and it still sucks.

      Now, if a user hates WMP, they can download Winamp or any other similar media player. Microsoft isn't forcing anyone to use WMP, just as they aren't forcing anyone to use the "Windows Calculator". More projects on Linux doesn't mean "better" either. I would love to see how you can justify that conclusion, but I doubt you would be able to. As for the problem with 'n' versions of Windows, here's a simple example. Take 5 components: WMP, IE, OE, Defrag, and Notepad. How many possible versions of Windows can be made of just these five? 2^5 = 32. And if Windows were made modular, considering the thousands of API's that are in Windows, and how interdependent some of them are on each other, that would lead to an astronomically large number of possible Windows distributions. And that would be devestating. Rather than attack Microsoft on their core OS, it would be more appropriate to limit the abuse of their monopoly, as the DoJ has done. I should also add, the Nine States shouldn't override a case by the Federal Government.

    8. Re:Modular Windows == Fragmentation by Anonymous Coward · · Score: 0

      "If it's necessary, why did Microsoft sign the consent degree NOT TO bundle IE in the first place?"

      Easy because they stopped bundling a seperate browser and made it part of the operating system. It's a matter of symantics. The libraries origionly made for and tied to IE are becoming as important as glibc is to many Linux boxes. Next will probably be the .Net libraries.

    9. Re:Modular Windows == Fragmentation by jgoemat · · Score: 1
      I just don't get it. How is setting up an icon for Winamp on someone's desktop and deleting the Windows Media Player icon "fragmenting" Windows? What MS is doing is unfairly hurting competitors who may have a better product. The whole point is the mass of people that don't own a computer and are buying their first one, or that don't want to mess around with buying other software or downloading it from the internet, especially if they have a slow connection or no connection.

      If someone wants to buy a computer now for writing college papers and playing single-player games, they get the bloat of a media player, internet browser, etc. included in the purchase price. The "integration" has also bloated the operating system beyond reason, taking up more disk space (is it 200mb or more now for IE?) and memory, even if it isn't running. Not to mention the security holes that are included for free with every MS product.

      Why should a computer manufacturer be forced to leave the desktop icons that Microsoft installed and not use other applications? Say what you want, IE and Windows Media Player are APPLICATIONS, not operating system components. If a computer manufacturer decided that it's customers may like Mozilla and Winamp better, they're out of luck. They are robbed of a chance to provide a better product than their competitors, and the companies that produce alternatives to MS applications are deprived of a chance to enter the OEM market. The consumers are also robbed of a choice.

      Jason Goemaat
      jasong@netins.net

    10. Re:Modular Windows == Fragmentation by justsomebody · · Score: 1

      ..... I think you're mistaken on the extent???
      But that's what the case is about, don't you think

      .....(such as Netscape) to be the default browser?????
      That's already possible

      .....everything else out there is fragmented (aside from perhaps MacOSX)???
      That one is really fragmented between developers, you wouldn't believe on how many places you really find same files.

      Asside from mentioning MacOSX (without knowledge about it) you've just described current state of Windows, that's not something new. IT ALREADY IS SO. If you're happy to live in a MS controlled world, I'm not. I wanna be free to use system as I decide. That's why I'm not using them. I'm not fighting for my self, if you'd look around your self you'd just see that there are people who are not really happy with their OS. I'm fighting for them. You just buy complete version, I'll buy stripped one, I will be happy and you will be happy. In fact everyone will be happy.

      Just look at all the Linux distributions????
      You know that you use 1/3 of time to setup linux. In time I just barelly set up Windows for my needs, my linux dostro is nicely tuned up already and working. I guess you haven't been trying linux lately. Before you post FUD like this you really should try Mandrake and measure time needed to setup some users desktop. Complete home users desktop along with dvd, divx, internet, office, dtp (as it is enabled in current state) in about one hour.

      Please don't take me offensive, I'm not trying to be. I just hope I showed you there are people not really satisfied with current state. But nobody's forcing you, just be happy.

      Just to point out again. I wan't both versions sttripped and unstripped not only unstripped, because someone like you might be satisfied and he shouldn't be left behind.

      --
      Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
    11. Re:Modular Windows == Fragmentation by Anonymous Coward · · Score: 0

      You know, the fact that anyone can create TCP/IP implenentations on any hardware device they produce, for some really strange reason which you might not be able to comprehend, has NOT resulted in any fragmentation of the TCP/IP standard. The many different vendors who have implemented TCP/IP have NOT as yet made any efforts to embrace and extend TCP/IP, and TCP/IP devices continue to all be able to interoperate in a magical, mystical unfragmented way (*).

      They're called "standards. Perhaps you have heard of them? They work really well when people actually decide to adopt them, and they could also work for system modules in an OS (including APIs of browser components)

      I guess you've bought into the propaganda that standards/modularity are not possible.

      NOTE: You might think the little thumbnails are really cool and innovative and all, but early Apple Mac's in *1985* were doing this sort of thing standard in their file manager already, so I think its fscking disgusting that it has taken Microsoft 17 years to also do it, thats not innovation, thats stagnation.

      (*) Cisco notwithstanding

  51. Give it up already by Anonymous Coward · · Score: 0

    For the love of god please drop this needless Microsoft bashing already. You linux people come off as nothing more than a bunch of whiners who will do nothing but piss and moan to get your way. How about exerting your energies into making Linux more stable and feature filled? Huh, how about it? Put up or shut up. I have spent the last few months working on mods for Linux which will improve its threading and real time scheduling. What have you guys done?

    Yah I thought so.

  52. The fleeting of time... by dasspunk · · Score: 0, Troll

    Oddly, this is exactly the same amount of time it would take M$ to apologize to everyone they have screwed over the years.

  53. What's the point anyway? by rseuhs · · Score: 5, Insightful
    1. Microsoft agrees not to bundle IE with Windows.

    2. Microsoft bundles IE with Windows

    3. Microsoft sais it would be difficult/impossible to unbundle it again.

    I just don't get it.

    I also can't build an extension of my house on the neighbours ground (= violate a contract) and later say "hey, hey, it will cost me too much to tear that extension down"

    Can please somebody enlighten me why it is relevant how difficult a modular version of Windows can be done?

    Why this strange double-standard?

    1. Re:What's the point anyway? by sheldon · · Score: 3, Informative

      Microsoft has never agreed to unbundle IE with Windows.

      Jackson tried to issue a court injunction forcing this, but it was overturned by the Appeals court.

    2. Re:What's the point anyway? by Datafage · · Score: 1

      Yes they were, not in this trial though. This was back in 95/96... Kinda telling, actually.

      --

      Nicotine free Amish .sig.

    3. Re:What's the point anyway? by nhavar · · Score: 2

      Uh no. You've got your information screwed up from what I can tell. In 1995 MS was under a consent decree that dissallowed them from forcing OEM's to license one piece of software to get another piece of software (i.e. having to license Office to get Windows or IE to get Windows). This decree was more concerned with DOS issues and protecting the makers of other OSes. The consent decree doesn't say anything specific about the removal and/or unbundling of IE.

      After Win98 shipped MS attempted to retroactively state that Win95 installs needed to be shipped with IE because IE was "integrated" into the OS (this despite the fact that it wasn't until 98 that it was truly seen as "integrated"). The state saw it as dual licensing again while MS maintained that IE was an integral part of the "user experience" and that they weren't pushing two licenses but only pushing one and that was the OS license.

      --
      "Do not be swept up in the momentum of mediocrity." - anon
    4. Re:What's the point anyway? by Datafage · · Score: 1

      Regardless of details, the point remains that MS will argue that their current actions are not in violation of whatever the settlement ends up as, and will lock that down in appeals for ages, making it all depressingly pointless.

      --

      Nicotine free Amish .sig.

  54. Bottom line... by march · · Score: 2, Interesting

    Look, the bottom line is that of course it's modular and of course Microsoft has put connections to try to bind things together (in, many times, a really poor hack as I pointed out in a previous comment).

    The legal tactic the Gov is using is smart (for a change). They are pulling a "Microsoft" - say they are going to do it, so now people know it can be done, and then not doing it because it wastes time.

    Go Gov! (in this case :-) )

  55. Ridiculus by mr100percent · · Score: 2

    If new evidence is going to be introduced, the Disclosure rule means that the defense (aka Microsoft) are entitled to see it beforehand, so they can make a defense.

    Microsoft can't stall forever. The judge is supposed to set aside time for MS to regroup and plan, i'd guess about a month tops of recess until the case goes back into session. But that's what happens under normal circumstances, which begs the question:

    WHY, oh WHY didn't they do that? It appears that the States didn't want to wait the extra time. So it moves forward to a verdict a month ahead of time. This sounds bad.

  56. What is Anti-Trust by Anonymous Coward · · Score: 0

    It's laughable. Everyone wants Microsoft beat down. Why? Anti-Trust laws were made to protect the consumer and so far this case has had nothing to do with consumer protection and everything to do with helping other businesses compete with the top dog. I have always had choices with respect to operating systems and what I want on them. I have always been able to add third party software OTHER than MSes to my PCs and have been able to set that software as the default for specific files is THAT APPLICATION allowed me to do so. Windows has never been prohibitive to myself nor millions of other consumers. True, I could not remove Media Player and IE. Never bothered me. Just ignore them.

    The fact of the matter is that this case is based upon a bunch of corporate screwage that occurred. Other companies cannot compete with MS. Why? Because they're just that good. You know, the way that Linux is good. MS innovates. *shrug* Get over it. Look at the GUIs created for Linux releases and tell me what they look and act like? Windows. Why? Because it's good. Because consumers like it. Because it works (most of the time). Open your eyes. If you live in America, accept the capitalism that rules our nation and will always rule our nation. Life is unfair. So is business. The government trying to regulate business is akin to a socialist state. USSR anyone?

    ~Soukyan

    1. Re:What is Anti-Trust by Anonymous Coward · · Score: 0

      You forgot to say IANAL, because clearly you are not.

      The point of anti-trust laws is to prevent a business with a monopoly in one market, in this case the OS market, from leveraging that monopoly to illegally capture another market, in this case the browser market.

      IANAL. IHBT.

  57. Doesn't sound bad to me by Anonymous Coward · · Score: 0

    Wake up dude. Hurting Microsoft will only hurt our economy. Wake the fuck up. Linux is shit, garbage, trash. WAKE the FUCK UP!

    If Microsoft can get away with stalling more power to them. This whole fucking case against them is nothing more than a pile of shit and you fucking know it.

    Hurting Microsoft only hurts the US economoy!

    WAKE THE fuck up!

    When will you guys ever learn. I have never ever seen such a bigger collection of stupid people in the same spot - ever!

    1. Re:Doesn't sound bad to me by Anonymous Coward · · Score: 0

      so you're admitting that M$ is a monopoly, and that it needs to be broken up?

    2. Re:Doesn't sound bad to me by mr100percent · · Score: 2

      I don't think the States can hurt MS. I doubt they can break them up or force them into bizarre licenses.

      The best they could probably do is make it so that you could buy an IE-less version of WindowsXP. It might be only availible in that state, and probably not in the CompUSAs either.

      Linux may not be up to par with Windows, but Mac OS X is.

      Hurting MS might make it easier for other companies to develop products, and stick to open standards. MS usually developed their own closed standard and tried to kill development outside of it.

  58. To obfuscate not to defend... by Arker · · Score: 2

    They could only be planning an obfuscation, not a proper defense. The fact is, not for the first time, they lied shamelessly, they were called on it, and they don't want to admit it.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  59. Preach on brother. by Anonymous Coward · · Score: 0

    Capitalism rules. You couldn't be more right.

    Fuck free software and open sores. Fuck linus and his socialist tendencies. Fuck you slashdot fools.

    $$$$ In the good old USA - GET OVER IT (and yourselves)!

    The Slashdot editors only purport and bash Microsoft the way they do because it keeps them employed! Get it? You weak minded followers don't realize that, do you?

    Now, go compile yor kernel.

  60. infinity = 2 years by Anonymous Coward · · Score: 0

    And this differs from Microsoft's normal development procedures...how? They are perfectly capable of rolling out a completely new version of spaghetti-code Windows every two years, right?

  61. Good! by Anonymous Coward · · Score: 0

    I'm glad they dropped it... I use and enjoy Linux, others use and "enjoy" Windows (for better or [usually] for worse).

    I still cannot fathom why the states want MS to strip Windows down to just the operating system. How could that possibly help the average consumer? Using the same unbundle apps from the OS "logic" to somehow level the playing field I can imagine a dim future where MSW will still be >> $99, but then add a browser add notepad, paint, defrag, solitare... Hummm, the states have now upped the price of a PC by a few hundred dollars(*see below), thanks for nothing. The large PC makers, Dell, Gateway, HPQ( or whatever that nonsense is known as) will stock their computers with software for people and what about the smaller PC manufacturers? They'll be out of business. I thought this case was about monopolistic practices, seems to me like they're just opening a whole different can of worms.

    If MS wants to bundle software, good for them, its a product. People buy cars with tires, some toys come with batteries, etc etc etc... They don't let you "shop" around for third party add-ons at the purchase time.

    Whatever happened to the blatantly illegal activities, price fixing, OEM threatening, EULAs that make no sense, the judgements against MS from
    OS/2 days where the Judge had to rebuke the DOJ at the time for bending over backwards to not prosecute these activities. I feel very sad about the turn that this case has taken, maybe MS is right, its starting to look like AOL/SUN/etc have given the states more than just pointers, but directions as to what to prosecute.

    ps. I haven't seen anyone post here that in fact Win9X runs under DOS. Yes, try it, make a boot disk, boot, c:\windows\win and there you have it, win9X == X + Qt + KDE == X + GTK + Gnome. (yes NT,XP,PeePee is different, by how much? dunno, but I doubt the GUI is the OS... they're just mingled :) )

    * You say run Linux... etc etc etc, "A suckers' born every day" - PT Barnum, sometimes people need to be protected from their own ignorance. Remember that people are still buying MSW even as you read this.

  62. from MS by minus_273 · · Score: 1
    hmm as looking at this site
    http://www.microsoft.com/Windows/embedded/xp/evalu ation/compare/notlinux.asp XP embedded vs linux..
    and they say this:
    "Many OEMs find that to get the functionality they need, they must piece together Linux technology components themselves. Such an approach leaves the OEM to either self-support its "unique" version of Linux, or contract support from the commercial Linux vendor who may have helped build it. This defeats one of the OEM's key objectives in moving to a general purpose operating system--to free up resources from ongoing operating system support and maintenance. This "tie" to a particular Linux vendor, in turn, leaves the OEM exposed to the long-term financial viability of that vendor. Source code access may make the code available, but it does not solve the challenge of finding, keeping and paying for the expertise to maintain it."
    any comments...
    --
    The war with islam is a war on the beast
    The war on terror is a war for peace
    1. Re:from MS by Anonymous Coward · · Score: 0

      any comments...

      yes

  63. It's a good thing. by gnovos · · Score: 2

    If MS really were allowed to have even a reletivly "short" period of time (a few months, as much as ayear), they could easily push super hard and complete th e"next" version of windows, so when the states finally present thier modular windows, MS can respond, "Oh, hey look at atht. You guys were rigth after all. Ok we'll start making modular XP. Oh, but we stopped selling XP two months ago, now we sell Windows ZP, where every single system call must first be translated into html and passed to the internal webserver to be proccessed, we call it 'local web services'."

    --
    "Your superior intellect is no match for our puny weapons!"
  64. Logic 101 by Junior+J.+Junior+III · · Score: 2

    If you say that something can be done, but only in an infinite amount of time, then that's logically equivalent to saying it can't be done. So, if MSFT wants to say they'll take forever to come up with a defense, ipso facto it means that there is no possible defense. Therefore MSFT is guilty. QED.

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
  65. GAH!!!!!! by nickd · · Score: 2, Interesting

    WHO GIVES A FLYING FUCK ABOUT HOW MODULAR WINDOWS XP/NT IS !!!!!!

    will it allow OEM's to include multiple OS's on the bootloader without fear of recrimination from MS ?? NO (rip BeOS)

    will it allow third party developers to openly interact with MS systems/formats/protocols - without resorting to reverse engineering which is now illegal (DMCA) ?? NO

    will it stop MS from embracing and extending open standards and protocols and hence locking out competitors ?? NO

    MS is brilliant - they are kicking up a huge fuss over something that at the end of the day doesnt impede their monopolistic practices/status much at all. The choice at the end of the day will still be MS + XYZ modules or MS + ABC modules - ITS STILL WINDOWS!!!!!!

  66. Re:Linux by iamwoodyjones · · Score: 1

    Dude, he wasn't given it. He is the reason that there's food on the tables of the employees of red hat. They gave it to him because he earned it honestly. Everything he's done up to this day has been honest. He's even turned down millions just because he didn't want his name associated with any one distro and stiffle competition.

  67. Here's a quick question(s) though... by VValdo · · Score: 2

    Would a modular version of Windows be good for:

    1. Consumers?

    2. Linux/Open Source alternatives?

    3. The technology industry?

    4. Microsoft?

    I'm trying to imagine a modular-windows world. What would the pros/cons be? Is this an appropriate "punishment" for Microsoft, or should we be careful what we wish for?

    W

    --
    -------------------
    This is my SIG. There are many like it, but this one is mine.
  68. Re:Modular Windows... That sounds like Unix by justsomebody · · Score: 1

    Because unix works.

    Browser in kernel? Why don't you build Empire state building in your kitchen. It'd look great as New York.

    --
    Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
  69. Ooh - I can think of worse! by heretic108 · · Score: 5, Insightful

    Something that rang my alarm bells about the 'modular embedded windows' is the fact that it doesn't have an automatic mechanism for installing additional programs.

    I can't rule out that some unscrupulous hardware vendors may customise an 'embedded/modular Windows' to only allow installation of certain apps, namely apps supplied through the hardware vendor.

    So you don't like the browser on the computer you bought from Acme Discounts Inc? You don't like the advert bars, and your browsing history being periodically sent to their servers? Tough shit! You're not allowed to install another browser.

    Solution would be to install another OS. But, surprise surprise! Acme Discounts Inc has done some weird shit on the motherboard that requires a special driver, only available as a part of their custom cut of 'modular windows'. It won't take any other OS. Attempts to write a driver to work around this are forbidden under the DMCA!

    Welcome to the death of the standard PC, and the birth of the corporate controlled 'computing appliance'! Imagine Acme Discounts Inc selling such hobbled machines below cost for years to kill the competition.

    Yes, M$ are bad bastards, yes, they have a history of unconscienable conduct in the marketplace, but there are people who are just waiting for the first opportunity to do much worse!

    --
    -- In the beginning was the WORD, and the WORD was UNSIGNED, and the main(){} was without form and void...
    1. Re:Ooh - I can think of worse! by cookd · · Score: 2, Insightful

      AFAIK MS never designed or wanted Embedded XP to be in general consumer PCs. That is why the demonstration makes so little sense to me. And that is why Embedded XP doesn't have add/remove program functionality -- it is designed for turnkey systems that get rolled out for a single purpose.

      And computer appliances aren't such a bad idea, just a bad idea for you and me. I would hate to have a computer that I couldn't mess around with. On the other hand, my mom would love the same computer for the fact that she can't screw it up.

      --
      Time flies like an arrow. Fruit flies like a banana.
    2. Re:Ooh - I can think of worse! by weinerdog · · Score: 2

      Is that what the states are asking for? I was under the impression that all they were asking for was a version of Windows that was not tightly coupled with components like IE and Media Player, allowing system vendors and end users alike to easily remove the Microsoft browser, media player, and whatnot, and replace it with an alternative of its own, much in the same way that standard PC architecture allows one to replace the IBM drive on an IBM PC with one made by Maxtor with no penalty, except inasmuch as the IBM drive might be intrinsically faster, more reliable, or whatnot.

      That, it seems to me, is all that is being asked for. All of this rhetoric about billions of versions of Windows to support or less flexible system configurations seems like utter nonsense. Modular does not mean embedded. It means that components can be removed and, if desired, replaced by others without breaking the system as a whole.

      --
      There's no such thing as Scotchtoberfest!
    3. Re:Ooh - I can think of worse! by Anonymous Coward · · Score: 0

      Hahahaha!

      You couldn't prevent software invading your Windows box if your life depended on it! ACME Softjunk Inc. would have to plug all security holes to prevent "installation". Impossible!

      So it's in fact no problem to build an installer for any remotely usable Windows box. A "secure" box is cracked as soon as there's a hacker with a screwdriver near it!

      Tschau
      --
      Walter "Hacker with lots of screwdrivers"

  70. It's Not About Dumping IE by krmt · · Score: 2

    If it's really so easy to rip out the shell, then why isn't Microsoft demonstrating this in court? If it's as easy as you imply, then this shouldn't be such an issue.

    I've only known one person who ran Litestep, and it was apparently very crashy, which to me implies that it's not quite so easy a thing.

    In reality, the problem isn't just ripping out IE, like you say. The problem is all the business practices surrounding it. The inability for OEM's to bundle a competing browser, like Netscape or now Opera, on their systems. I bet a lot of random desktop users would be quite pleased with a bundled Opera.

    Frankly, I could care less about taking IE all the way out of my system. The libraries it brings with it provide a lot of nice functionality. I'd like for them to not be loaded at startup, but rather be loaded on demand since I use Mozilla and rarely go to help files, but that's a small thing. But what I really want as a consumer is to have some choice when I buy a system. I don't necessarily want all my bundled software to made by Microsoft, and it's quite astonishing in many ways that people are forgetting this. This is the whole point of the modular windows penalty. It's not to get rid of IE, but rather to provide choice to customers, and thereby allow competition to re-enter the market.

    --

    "I may not have morals, but I have standards."

  71. HOWTO: Make Your Own Windows by Mr.+Fusion · · Score: 1

    So they've created a version of Windows without some of the bloat. Great. But can't we do this ourselves?

    If the states are able to create a modular version of Windows from what's already available, why hasn't someone already done this and distributed it on the web? This would most likely create a crippling effect for Microsoft in numerous ways. The obvious would be that they'd get REAL pissed off, but that's only a side effect. One trend that could be started is an underground revolution of sorts, where we create our own Windows distributions, passing it on to our friends and co-workers. This could possibly lead to the furthur development of projects like WINE and just disecting those stupid API's. Plus, if we do manage to pull off a stable Windows (yeah, I know, oxymoron alert), revenue spent on Windows tech support from computer manufacturers could possibly be redirected towards making a higher quality and/or cheaper product. Not to mention it would stop your parents from bugging you to come visit, mainly because their computer keeps freezing up.

    Just imagine, perhaps one day you'll hear yourself saying, "Back in my day, we had a BSOD every day and a GPF every hour..."

    1. Re:HOWTO: Make Your Own Windows by Anonymous Coward · · Score: 0

      >why hasn't someone already done this and >distributed it on the web?

      yep, they tried to distribute it but the IIS server they were using got hacked so bad that the MCSE's they had on staff were crying like little babies...

    2. Re:HOWTO: Make Your Own Windows by suman28 · · Score: 1

      So they've created a version of Windows without some of the bloat. Great. But can't we do this ourselves? ...because if someone tried to give away or even sell such a version, they would have to go through M$ and this would definitely cause problems with all the fees and restrictions. Besides, I am sure that is not in their own interest to have someone point out that a smaller, simpler version can be sold.

    3. Re:HOWTO: Make Your Own Windows by CorwinOfAmber · · Score: 1
      If the states are able to create a modular version of Windows from what's already available, why hasn't someone already done this and distributed it on the web?

      Someone has

      --
      My future's determined by Thieves, thugs, and vermin -- The Offspring
  72. Bad feelings by theolein · · Score: 2, Interesting

    This whole Microsoft trial has given everyone, pro- and anti- Microsoft a bad feeling. The pros because they feel that the world is out to get them and the antis because of all that MS has done to abuse it's position and it's total lack of respect of anyone and anything else. What saddens me is that it seems that MS will never lose any trial because even if they were to be broken up or whatever they would just ignore the judgement, as they have in the past and they would no doubt adapt by by moving all applications into the OS for example. It seems no American government will ever be able to or want to stop them.

    In other words I think this trial is a waste of time. I think it would be better to fight MS's abuse there where one can, i.e. when they make a clear cut illegal licence or EULA and above all for OSS people to continue to improve the UI of Linux and to work towards making applications like OpenOffice and Mozilla better. At the same time it would be wise to continue the personal efforts to show schools and businesses that OSS can be just as good if not better.

    Apart from that the one legal measure that would be the most telling would be an audit of MS' code to see where it truly comes from.

  73. Microsoft lawyer demoted by Alsee · · Score: 3, Funny

    A previously promoted lawyer was demoted and returned to the US after Microsoft exceutives learned of the cancellation.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  74. mmm, good writing. by levl289 · · Score: 1

    it's nice in the middle of one's day to read a well written rebuttal such as this one.

    mod this up, and have him replace Jon Katz ;)

    --

    Q: What do you think about American Culture?
    A: I think it's a good idea.
    (adapted from Gandhi)

  75. Mod parent up by Anonymous Coward · · Score: 0

    Finally someone who knows what the hell they're talking about.

    1. Re:Mod parent up by Anonymous Coward · · Score: 0

      Hmm .. replying to your own post as AC with message to "mod parent up"? Lame.

      This person is either (a) a troll or (b) extremely gullible, knows nothing about software development and is sucking up the Microsoft propaganda like a sponge.

  76. Give it a rest by PhreakinPenguin · · Score: 1

    All of the people who continue to whine and complain that MS doesn't open their code to allow other people to look at can't keep playing the violin for themselves. Mod me down, call me a troll, whatever but the bottom line is that you are asking for something that is never going to happen. If I owned a business that made money off of software code, I wouldn't allow a competitor to view the code. Plain and simple. It would be bad business and just plain stupid. If the so called "purists" are so eager about everything being open sourced, how about letting me examine your bank account? Your cc staements? What's that, I may steal something from you and make you lose money? My point exactly.

    --


    My sig of choice is Marlboro
  77. Now that security month is over... by bubbha · · Score: 1

    How about they spend the next month modularizing their OS...Of course, one has to wonder how difficult it must have been to add security to all that spaghetti code...

    --
    I want to be alone with the sandwich
  78. You can *ALLWAYS* hack a computer by mangu · · Score: 2

    For instance, take the first embedded systems to be offered to the general public: calculators. Check this article: "Buried Gold in the SR-52", by Cliff Penn, Byte magazine, Dec 1976, pp30-34, to see how you can hack a calculator to do things the designers had never thought of.

  79. HOORAY! by Ogre332 · · Score: 1

    the subject says it all

    --
    Shut up brain or I'll stab you with a Q-Tip. - Homer Simpson
  80. Why not good States tactics? by swb · · Score: 2

    I think Microsoft may have played into the States' hands.

    Announce XP modular demo. You wouldn't announce it if you couldn't do it; announcing you can do it and willingness to back it up are all you have to do. The actual demo is little more than yet another Windows desktop minus a few icons. Judge would have been bored and is probably smart enough to take a screen shot, delete the icons and see for herself.

    And then Microsoft yells "Fire!" If modular Windows is such a "bad" idea, wouldn't Microsoft already have x^y reasons why it wouldn't work? Why would they need to go back to Redmond for a couple of years and root around in the attic for rebuttal info?

    Getting them to want so much time to prepare rebuttal is pretty much an admission that "we tried it and it didn't work" or "it won't work" is a load of bullshit because they DO know it will work.

    MS had to either put up -- rebut the demo -- or shut up. Now they don't get to rebut and they have to quit talking about it.

    (There was a great Law and Order where the prosecutor did this kind of thing. He couldn't bring up a particular piece of evidence, but he could allude to it. Alluding to it was all he had to do since the awareness of its existence was 90% of the damage).

    1. Re:Why not good States tactics? by Anonymous Coward · · Score: 0

      I'm fairly certain any judge would take this tactic into consideration. Nothing was presented so no possible conclusions can be made. Was it a tactic or not? No one will know.

  81. Re:OT: Your sig -- [not an] urban legend by Exatron · · Score: 1

    That is not an urban legend. Kennedy technically did call himself a jelly filled pastry, but people understood what he meant since it wasn't an obvious error to people who don't speak German. The correct way to say "I am a Berliner" is "Ich bin Berliner." The "a" or "an" is implied when stating that you are a citizen of a particular place. It is a minor error, and most people will still understand the intent of the sentence.

    --
    "I think so, Brain, but 'instant karma' always gets so lumpy." - Pinky
    "Decepticons FOREVER!!!" - Ravage
  82. The whole issue is absurd by Anonymous Coward · · Score: 1, Insightful

    Windows has been modular from the beginning. There's no way anybody could install 95/98/me/nt/2k/etc. without seeing this. Hell, part of the installation requires that you select which optional modules you want to install. Windows has had modular base paths since 3.x. Windows for Workgroups anyone? All kinds of networking stuff that wasn't part of the 3.0 package. How 'bout NT workstation and NT server? Same base package, different options. 2k Pro/Server/Advanced Server? Same base package, different modular options. XP Home/Server/Embedded. All built on the same base.

    If M$ gets away with this "Windows can't be modular" bullshit, then we deserve to live with their monopoly because we've allowed our legal system to go the Hell.

  83. Blindsided? by Black+Parrot · · Score: 2


    Didn't anyone tell Micorsoft what this trial is about?

    --
    Sheesh, evil *and* a jerk. -- Jade
  84. No you CAN'T always hack a computer by yerricde · · Score: 1

    If the BIOS is encrypted, and the chip that performs the decryption commits Capcom Suicide when tampered with, then you can't hack the computer.

    --
    Will I retire or break 10K?
    1. Re:No you CAN'T always hack a computer by Anonymous Coward · · Score: 0

      EVERY computer can be hacked. If it's connected to _anything_ it can be hacked.
      Every security measure has one inherent weakness: It's man-made.

    2. Re:No you CAN'T always hack a computer by Anonymous Coward · · Score: 0

      While that is true, there is a level at which the gains from the hacking are outweighed by the effort to do the hack. Sure, you might be able to hack a heavily protected device, but it might require that you have an electron microscope, a clean room, a laser scalpel and three monkeys pulling levers. How much is it really worth to be able to play pong on your wrist watch? At some point the question arises, is it worth it?

      It is that question that explains why the average Joe will never hack his computer to bypass DRM. To him, the expense in terms of his time and effort is far in excess of what it would cost to just BUY an equivalent to the hack. Even the most hard core hacker will fall to that equation at some point.

  85. The Mozilla control for ActiveX by yerricde · · Score: 2

    Microsoft could release the API

    IE is an ActiveX control. Microsoft has already released IE's API; otherwise, no app would be able to embed the IE control. Look through the MSDN library for more information.

    then a 3rd party could implement the interface.

    Done. Here's a drop-in replacement for IE that uses Mozilla's Gecko rendering engine. However, it's missing a few IE proprietary features such as document.all and the VBScript language.

    That would create the possibility of non-microsoft providers of mshtml.dll.

    The Mozilla control page links to a tool that patches mshtml.dll apps (even IExplore itself) to use the Mozilla control instead.

    --
    Will I retire or break 10K?
    1. Re:The Mozilla control for ActiveX by GnomeKing · · Score: 1

      Nice

      Does that mean that lookout users can download this and be free from the crappy world that is MS lookout email viruses? ;)

  86. X11 != KDE by yerricde · · Score: 5, Insightful

    DOS doesn't require IE to run.

    Now that Microsoft has discontinued Microsoft Windows Millennium Edition in favor of NT-based XP, it's no longer licensing MS-DOS for use on new mass-market PCs. All operating systems that are sold on new desktop machines include a shell that uses IE components and the Microsoft IE DOM.

    Linux doesn't require KDE to run. Many KDE apps require konqueror components to run.

    Most graphical apps on *BSD and *Linux don't need Konqueror because most X11 apps aren't KDE apps. On the other hand, Explorer is the only desktop environment on Win32 with any market share. Remember, when Microsoft gained a desktop OS monopoly, it had to start playing by different rules.

    Many Win98 apps require IE to run.

    Most of them don't really require Microsoft® brand IE but just an ActiveX control that exposes the IE API. Such controls include this Mozilla control, which implements everything in IE but document.all, VBScript, and security holes.

    --
    Will I retire or break 10K?
  87. Joke by AdmrlNxn · · Score: 0, Troll

    This whole case is a joke. I mean seriously. Microsoft is a buisness. Buisnesses are created to generate revenue, i.e. money. When one has a good idea and goes with it. Others think the idea is good and come up with there own leagal versions creating competition. How else do you kill competition? You result to The Art of War. You go about legal means to get the point across that you are the better of the competition.

    Microsoft has done precisely this. They have followed Sun Tzu's teachings like any "good" business prfofessional would do. Business is war. Capitalism is war. Survival of the fittest. No holds barred anything goes so long as you win. What you call strong-arm tactics and bullying, I call fighting a battle. How else would Microsoft have the money they have if they didn't make the deals with the OEM's.

    You can say they threatened OEM's all you want. I Don't think any threats really happened. You are blowing this up to somthing it never was. Take this for an example. You own a company. What you do is sell computers to consumers. You originally sign an agreement with Microsoft to have Windows installed on your systems. In this agreement you agree to a series of terms that give you the ability to have Windows in all its form and grace. Now you decide down the road you want to break a few of these terms. Microsoft is going to respond with, "if you do this you will be in violation of our agreement and hence will be taken to court because we had a valid contract that you agreed upon."

    This isn't a threat. This is simply Microsoft enforcing the rules you agreed upon. YOu break the rules and you lose your license to Windows and MS and you go outta business. Slow death. You could run Linux on all your systems, but most OEM's deal with consumers who are typically computer morons, so showcasing an OS that #1 isn't an industry client standard and #2 wouldn't run the applications that are compatible with the standard. What I mean by that is, you have kids who want to play the latest Warcraft 3 for example... you go buy it but can't get the damn thing installed because you are computer illiterate and have no idea what OS you got. ALl you know is it looks pretty and has a penguin as its mascot.

    Slow death.

    You can call Microsoft anything you want, but it will never change their position in the market as #1. It doesn't matter how many peoples opinions you change. Linux isn't a client standard like Windows is and never will be. The only head way Linux will make is as a workstation or as a server but never on the client level. Clients are rulled by the computer illiterate who want somthing that works and has great Product Support for their volume. (Stop, read that last sentence again so you don't freak out and go OMG, WTF, HDH)

    Well that is all I really have to say but on a closing note. Ever notice how communistic pure OSS individuals are. Everything free, everything equal. Communists had this ideaology. Where if your neighbor had a car, you had a car. If they had a house, you had a house. Now really think about this one. Communism doesn't work that well. If you have doubts about that. Go back and read your history books.

    --
    ~Admrlnxn
    "I got your mom in my trunk"
  88. This had to be a planned strategy by Anonymous Coward · · Score: 0

    The states probably never had a modular version, or at least not a stable one.

    What this DID do, is place in the minds of the court that it can be done. It doesn't matter that they actually show something, just planting the idea was all that was needed. Microsoft played right into it by not wanting the demonstration to happen.

    Strike up one for the states!

  89. Oh please... by j_kenpo · · Score: 1

    In the words on Al Pacino in Heat, "Don't Waste my MOTHER FU&#ING TIME!!" Youve got to be kidding me, they don't want to "drag it out" any further. Well lets see, its only taken them...... something like 4 years+ to get this far, without stop, to try and nail Microsoft on these issues, and their going to stop now? Especially when they hold the nail that would crucify them? Ive got a better picture of whats going on... Lets see, a bunch of lawyers... One of the biggest, richest companys in the world.. so my question is how much do DA's cost these days??

  90. I think you're missing the point a bit by GroundBounce · · Score: 2

    Of course just deleting IE from win98 both is possible and will break some applications. But that's not really the point. Microsoft has integrated IE into the core functionailty of Windows and of course many app vendors have come to depend on that.

    The point is that tightly integrating IE into the core functionality of Windows was a design decision rather than some inevitable law of nature as MS wants us to believe. If they wanted, they could have set things up so that browsers and HTML handlers other than MS's could be easily plugged in and integrated in place of the equivalent IE-based components in a way that would have been transparent to third party software, but they made a design decision not to do this.

    The correct Linux example would not be glibc but, say, replacing Mozilla with Netscape or Konqueror. With modern desktops like GNOME (and I assume KDE too, although I don't use it much) things are set up so you can easily do this in such a way that any compliant application that needs an HTML URL handler will transparently use the one you specify.

    1. Re:I think you're missing the point a bit by cscx · · Score: 1

      The correct Linux example would not be glibc but, say, replacing Mozilla with Netscape or Konqueror. With modern desktops like GNOME (and I assume KDE too, although I don't use it much) things are set up so you can easily do this in such a way that any compliant application that needs an HTML URL handler will transparently use the one you specify.

      It's not so much MIME types, i.e. not just an HTML handler. We're talking complete dependence on that control for integration into the application. Like for example, you can make IE part of the application form to design an interactive program, not just have an HTTP / HTML file handler. The caveat here is that these controls/components are hard-coded into the source. Should the IE dependencies disappear, and say, replaced with something else like the Gecko engine, the apps would have to be recompiled. I saw a link on here earlier that is a Gecko engine control written to emulate the IE engine, but it requires binarily patching all the applications in question (stability issues?) as well as possibly having red tape all over it.

  91. Why MS Is Wrong by jgoemat · · Score: 2, Insightful
    First off, they wanted to bring in this person as a rebuttal to Microsoft saying that it was IMPOSSIBLE to make a modular version of windows. There is no way to declare a rebuttal witness before you know they are needed. It's a common practice to call them in. I'm sure MS wants another huge delay because it would be so embarassing to be caught in a lie during such a high publicity trial.

    Microsoft didn't say that it would cost one billion dollars to make a modular version, they said it COULDN'T be done. Here comes a guy that did it for very little money (I'm not sure of the specifics, but I guarantee he didn't spend a billion dollars on it). Doesn't that show that Microsoft outright lied? If he did spend a billion dollars on it, that's still less than 1/2 (closer to 1/3) of Microsoft's FIRST QUARTER PROFITS. And whose fault is it that Windows isn't modular in the first place?

    Sure it's possible to make a modular version of Windows, it's just that Microsoft wouldn't be in control anymore, people could choose what they want for a web browser, media player, or chat program. The problem with that for Microsoft is that if other standards become widespread, people might be more likely to choose another operating system and they would begin to lose money. I know they just hate the popularity of MP3. Anyone with Linux or a Mac can use those files. They wish everyone was using the proprietary windows media format so they'd have to be running Windows. MP3 became popular before MS could strike however, and the world is a better place for it.

    As for support, why can't they just say that they won't support audio players that are not theirs if an OEM installs it? I'm sure they don't now since other ones are available. I see no difference in installing a different audio player as a consumer and having an OEM manufacturer do it.

    Consumer: I can't play MP3 files.
    MS: Are you using Windows Media Player (R)?
    Consumer: No...
    MS: Sorry, that is not our product, use Windows Media Player next time

    If someone installs Winamp now, does microsoft stop supporting their Windows operating system? Maybe that's the next step in the MS plan: "You have to use what we give you and install only MS products, or we will not give you support."

    Consumers are not being helped by this philosophy, they are being robbed of more and more choices as the years go on. Microsoft is trying to move towards a time when every developer works for them and they are in control of every piece of software. Frankly as a developer, that scares the pants off me.

    Jason Goemaat
    jasong@netins.net

  92. Nothing new... by Stonan · · Score: 0

    Seems that every major business that deals with legal battles does it the same way: tie it up in procedure and red tape until the plaintiff either runs out of money or looses interest.

    Thing is, this is MS' response to the demonstration. Does this include questions refering to the operation of the scaled-down version? If not, give to 50 people & then call them as 'character' witnesses

    --
    The GEEK shall inherit the earth...
  93. Re:You MS bashers need to get your facts straight! by Anonymous Coward · · Score: 0

    FINALLY! Someone else who knows the true. It was Linus who planned the 9/11 attacks. I thought I was the only one who knew. You are a bunch of communists who are against capitalism. GET THE FUCK OUT OF THE USA! Start your own god damn country if you don't like the system. Otherwise, start competing in the system rather than thinking everything should be free.

  94. Re:Joke (communism?) by jgoemat · · Score: 1
    How can you call OSS advocates communists? I don't consider someone that wishes to make the world a better place by giving away something they created a communist, I'd consider them generous.

    No one is saying that Microsoft has to give away their software for free, just that they have to compete on a level playing field. If they make the best product that users want to use, they can charge whatever they want for it, even if they do make 33% average profit off the products they sell in this tough economy.

    What the anti-trust laws were created for was to keep companies from battling on unfair grounds. They can make whatever product they want and sell it for whatever price they want. It becomes unfair when a company uses their overwhelming position in a market to keep others from competing. Having a consumer landscape devoid of choice sounds more communistic to me. Make everyone have Windows so that if you have Windows, your neighbor has Windows. If you use Windows Media Player, your neighbor uses Windows Media Player. If you have Internet Explorer, your neighbor has Internet Explorer. I'm writing this reply in Mozilla right now, which I've found to be superior to Internet Explorer for everything but accessing sites (mostly MS sites) that require IE to run. Thank God that HTML isn't a proprietary Microsoft protocol.

    Think of it this way... Imagine for a second that years ago one company produced tape decks and had a monopoly. They were the only company that produced tape decks and made a huge profit. Right now a simple portable radio could cost twice as much if it had a tape deck in it. Sure you would be guaranteed that it would be compatible with all audio tapes because one company makes all the equipment (hasn't that happened anyway?).

    Tape decks are so great that they soon take over 95% of the stereo market. Imagine that a stereo could only have one audio component at a time without taking it apart and replacing it (much like installing a new operating system yourself). Now the company that makes tape decks decides to charge manufacturers for a tape deck in every stereo they produce, even if it only comes with a record player. Most consumers want to have tape decks so there is nothing the stereo producers can do unless they want to spend twice as much for the tape decks, and if they don't put a tape deck in the stereo anyway, they'll have to pay for it so they go ahead. If a user want a record player, they can buy it and take apart the stereo to replace the tape player themselves.

    Now imagine that another company invents the CD player. The quality is better, the CDs last longer, and you can skip between songs. But no manufacturers produce stereos with CD players because they would have to pay the other company for the tape deck anyway. In addition to paying for the CD player, you'd be paying the first company for the Tape player even though the stereo had a CD player instead. Who would buy these stereos that cost twice as much and don't support the readily available audio tapes? What company would produce CDs when so few people had the equipment to play them?

    The answer is no one. It would not make economic sense because the Tape company would be making money even if their product wasn't being used. This is what Microsoft has done with their requirement that PC manufacturers pay by computer they sell instead of how many copies of Windows are actually on those computers. What stereo company is going to stand up to the Tape deck company when they face losing 95% of their customers?

    This is an example of a company using their position in the market to unfair advantage. These practices stifle innovation and are to the detriment of the consumer (that's you ane me by the way).

    Jason Goemaat
    jasong@netins.net

  95. Re:Threat by Anonymous Coward · · Score: 0

    Agreed. Too bad this site is maintained by a bunch of commies.

  96. Re:Joke (communism?) by jgoemat · · Score: 1
    How can you call OSS advocates communists? I don't consider someone that wishes to make the world a better place by giving away something they created a communist, I'd consider them generous.

    No one is saying that Microsoft has to give away their software for free, just that they have to compete on a level playing field. If they make the best product that users want to use, they can charge whatever they want for it, even if they do make 33% average profit off the products they sell in this tough economy.

    What the anti-trust laws were created for was to keep companies from battling on unfair grounds. They can make whatever product they want and sell it for whatever price they want. It becomes unfair when a company uses their overwhelming position in a market to keep others from competing. Having a consumer landscape devoid of choice sounds more communistic to me. Make everyone have Windows so that if you have Windows, your neighbor has Windows. If you use Windows Media Player, your neighbor uses Windows Media Player. If you have Internet Explorer, your neighbor has Internet Explorer. I'm writing this reply in Mozilla right now, which I've found to be superior to Internet Explorer for everything but accessing sites (mostly MS sites) that require IE to run. Thank God that HTML isn't a proprietary Microsoft protocol.

    Think of it this way... Imagine for a second that years ago one company produced tape decks and had a monopoly. They were the only company that produced tape decks and made a huge profit. Right now a simple portable radio could cost twice as much if it had a tape deck in it. Sure you would be guaranteed that it would be compatible with all audio tapes because one company makes all the equipment (hasn't that happened anyway?).

    Tape decks are so great that they soon take over 95% of the stereo market. Imagine that a stereo could only have one audio component at a time without taking it apart and replacing it (much like installing a new operating system yourself). Now the company that makes tape decks decides to charge manufacturers for a tape deck in every stereo they produce, even if it only comes with a record player. Most consumers want to have tape decks so there is nothing the stereo producers can do unless they want to spend twice as much for the tape decks, and if they don't put a tape deck in the stereo anyway, they'll have to pay for it so they go ahead. If a user want a record player, they can buy it and take apart the stereo to replace the tape player themselves.

    Now imagine that another company invents the CD player. The quality is better, the CDs last longer, and you can skip between songs. But no manufacturers produce stereos with CD players because they would have to pay the other company for the tape deck anyway. In addition to paying for the CD player, you'd be paying the first company for the Tape player even though the stereo had a CD player instead. Who would buy these stereos that cost twice as much and don't support the readily available audio tapes? What company would produce CDs when so few people had the equipment to play them?

    The answer is no one. It would not make economic sense because the Tape company would be making money even if their product wasn't being used. This is what Microsoft has done with their requirement that PC manufacturers pay by computer they sell instead of how many copies of Windows are actually on those computers. What stereo company is going to stand up to the Tape deck company when they face losing 95% of their customers?

    Now lets say that another company creates an equalizer to improve the sound quality of tapes (CDs and Phonographs too for the few people that use them). The Tape company soon decides this is a good thing and starts including it's own 5-band equalizer with every tape deck it produces. Sure they cost more to produce now and some people don't care or would rather use the other brand of equalizer, but isn't it better to have a standard equalizer for everyone to use (sarcasm)? Now the Tape manufacturer tells the stereo companies that they cannot sell their equipment with a different equalizer connected to the stereo, even though there are 10 band equalizers out now with lighted displays. The Tape company claim it's impossible now to separate the equalizer from the Tape deck, even though a guy down the street did just that and was going to bring it into court, but the Tape company would string the trial out another year.

    This is an example of a company using their position in the market to unfair advantage. These practices stifle innovation and are to the detriment of the consumer (that's you and me by the way).

    Jason Goemaat
    jasong@netins.net

  97. MSHTML is not IE by os2fan · · Score: 2
    But then, MSHTML is not IE, no more tha Adobe Acrobat. Most programs that require IE only need the MSHTML subsystem. Since MS has fostered IE APIs as "standard windows", then these DLLs should be removed from IE and made part of Windows. And yes, 98lite makes MSHTML separate from IE.

    Next, you may as well say that programs that require WP 5.1 or MS-Office or Ventura installed make these applications part of the Operating System.

    The 98lite product shows that it is the installation of windows, not whether all of IE is part of Windows, that is the issue.

    It's not that this is the first or last time that MS has blurred a monopoly product and one they they ultimately monopolised.

    DOS Bits of DOS [eg DOS32] were shipped with Windows 3.x, and Windows shipped with DOS. You needed both bits to get Windows to work together. Even under Win95, you do not get the full DOS until Windows GUI is loaded: eg "cd ..." does not work in Dos95, nor do long file names.

    Messenger Once a loose addon, programs are now being threaded through msmsg.exe.

    glibc is modular in the sense that it can be replaced separately in an update. In this sense, it is more modular than command.com. Nothing stops a rival from making a faster or better "glibc".

    --
    OS/2 - because choice is a terrible thing to waste.
    1. Re:MSHTML is not IE by cscx · · Score: 1

      Even under Win95, you do not get the full DOS until Windows GUI is loaded: eg "cd ..." does not work in Dos95, nor do long file names

      cd ... and so on is not part of DOS spec... never was. It's just an extension to the Win 95 dos prompt. It never works on DOS 6.22 and below. Try it in the WinNT command prompt and you'll see that it doesn't work there either.

      Long File Names were not made available in real mode for a reason --- in real mode you had the ability to run programs that had low-level access to the disk and file allocation tables. In other words, you run a bum program, and it will totally fuck up all the long filename directory entries (VFAT had the normal FAT entries, and then extra ones for long filenames). Actually Windows 95 used to ship with this utility called LFNBK that its whole purpose was to back up and remove all the vfat long filename entries on the disk, and store them to a database. That would allow you to safely run low-level disk programs that didn't support long filenames. You could use LFNBK to restore them later.

      I do distinctly having to deal with that bastard lock command. It would halt any process (and even the system if I recall correctly) when you tried to low-level access the disk in protected mode, to avoid corruption. Anyone with a Windows 95 box still around try typing lock /? at the prompt to get some info. LOCK was one of those secret, undocumented commands --- there wasn't even anything about it in the resource kit, IIRC.

    2. Re:MSHTML is not IE by mpe · · Score: 2

      Since MS has fostered IE APIs as "standard windows", then these DLLs should be removed from IE and made part of Windows.

      Especially any APIs they contain which have no obvious conection to rendering HTML anyway. There much be some of these, since there are programs which require IE to be present to either install or run. Even though they have no web browsing capability at all.

    3. Re:MSHTML is not IE by os2fan · · Score: 2
      cd ... works perfectly well under 4DOS under vanilla DOS, eg 5.00+. The point is is that command.com from Windows 95 behaves differently under Windows than DOS. This is because cd is in command.com, and not the dos kernel. 4DOS would expand it out, if it is anything other than . or .., so that should give you a clue.

      The usual way to handle EA's is to rely on the fact that FAT supports no more than 65530 names. This is handled by two bytes, which are used in the FAT. They are also used to handle EA's, which is how Windows and OS/2 knows how to reattach attributes to the correct file.

      As for not supporting long file names under Windows...

      LFN can be supported under plain DOS, and there are TSRs and so on that do just that. If the LFN name interface is present, PKZIP, 4DOS, etc will quite happily use it.

      And given that it's easy to drop the Windows directory into another folder [yes, this happened], you NEED lfn support under DOS to fix this up.

      LOCK simply locks the drive to everything except the DOS session. This allows dos utilities access to the hard drive. Previously, you would have done this outside of Windows.

      --
      OS/2 - because choice is a terrible thing to waste.
  98. about BillG... by Anonymous Coward · · Score: 0

    anyone seen an analogy of Bill Gates to Senator Palpatine? In the near future he will rule everything with an iron grip.

  99. Bah, of course Windows can be modular by Anonymous Coward · · Score: 1, Insightful

    Win 95 and win 98 even you can install windows
    without explorer or msmail or even microsoft client
    for windows networking.

    The only reason they are bundled was to leverage
    their monopoly.

    It would be cleaner design if it was seperate.
    Sure at this point it would be a bit of work to
    undo it.
    But since it should never have been done in the
    first place let them sweat it out.

    Unbundle all the browser and the mediplayer
    and the messaging client from the os.

    Make Soft do it.

    To beleive it has to be bundled is to be a Fucktard.

  100. Re:cha-ching $$ by Anonymous Coward · · Score: 0

    the judge didnt cancel the presentation, you idiot

  101. Re:Modular Windows... That sounds like Unix by Anonymous Coward · · Score: 0

    Microsoft doesnt want windows to become like more like unix. it doesnt want the horrible fragmentation of unix or even worse the lack of complete cross-compatibility across appplications. they don't want people to have to download a set of dependencies every other time they have an application (no, not everyone stays on the internet all day)

    the browser isn't in the kernel, you idiot. it's still a seperate application, one which many others depend on.

    So....what was your point? "unix works" sure it works in some cases, but it does not work on the desktop, fanboy. you're to idiodic to know much about unix (esp if you really thought there is an internet browser in the windows kernel

  102. Re:Threat by Anonymous Coward · · Score: 0

    no, you idiot. it didnt prove anything to the judge except that the states have weak lawyers

  103. I should become a Microsoft lawyer by madenosine · · Score: 1

    because i have the solution to all their problems.

    You see, Microsoft just has to rename to "Fuzzy Bunny Corporation" and immediately, the Slashdot editors, Linux zealots, Mac zealots, and judges will ike them.

    I mean after all, who doesnt like fuzzy bunnies?

  104. That's what's needed ! by BESTouff · · Score: 1

    I can't rule out that some unscrupulous hardware vendors may customise an 'embedded/modular Windows' to only allow installation of certain apps, namely apps supplied through the hardware vendor.
    That's exactely the reason some vendors use Linux on their appliances: they can control what's gonna be installed on the machines. Think of the OEone for instance.

  105. Embedded lies by leonbrooks · · Score: 2

    Sad that the judge has to believe Microsoft's `more time' lies (methinks he protesteth overmuch).

    Windows XP Embedded requires 64M to boot. Urk. Not much missing from that, except maybe MS-Office.

    Lotus Notes... now there's an ironic choice. Who here remembers `DOS ain't done 'til Lotus [123] won't run?'

    Windows FL is a great badge idea. Truth-in-advertising laws might compel them to use it. (-:

    --
    Got time? Spend some of it coding or testing
  106. This is the *classic* urban legend by Ethelred+Unraed · · Score: 2
    That is not an urban legend. Kennedy technically did call himself a jelly filled pastry, but people understood what he meant since it wasn't an obvious error to people who don't speak German. The correct way to say "I am a Berliner" is "Ich bin Berliner." The "a" or "an" is implied when stating that you are a citizen of a particular place. It is a minor error, and most people will still understand the intent of the sentence.

    This has been discussed to death by a lot of German linguists. Any native speaker will tell you (and my wife is one, and I speak German fluenty as well) that the form "ich bin ein Berliner" is perfectly acceptable, indeed in the sense in which Kennedy was speaking, it was the *only* correct way of saying it.

    A German would say of a person who *is* from Berlin, "er ist Berliner" (without the article "ein"). But a German who means figuratively that a person is from Berlin would say "er ist EIN Berliner". Kennedy was not from Berlin, therefore he had to say "ich bin ein Berliner". There was no error, except on the part of non-German speakers who thought they caught Kennedy making an embarrassing mistake.

    Take a look at http://urbanlegends.about.com/library/weekly/aa021 700b.htm to get the full explanation.

    Furthermore, a person from Hamburg says "ich bin Hamburger". But no one would really think twice about saying it. A person from Frankfurt says "ich bin Frankfurter". So what? Just about any German city has a kind of food -- sausage (Braunschweiger, Frankfurter), beer (Dortmunder, or Berliner -- yes, it's also a type of beer) and so on -- associated with the name. That's not a reason to avoid saying "ich bin [insert city name here]". That's ridiculous. If the Wall had been in Rüdesheim instead of Berlin, Kennedy would in your theory have been saying "ich bin ein Rüdesheimer" and therefore saying he's a German version of Irish coffee -- which is silly. And wrong. If that were the case, there are a lot of German Irish coffees running around.

    I have yet to hear a German say that Kennedy was wrong to say it the way he did -- on the contrary, all Germans I've spoken to (and given that I have lived in Germany for years, that's a lot) think it was a great speech.

    This is, in fact, a classic urban legend. In other words, something that has been repeated so often that people believe it regardless of what the evidence may show -- and in spite of the fact that it's just plain wrong.

    Cheers,

    Ethelred

    --
    Everyone wants to be Ethelred. Even I want to be Ethelred.
  107. Ummm, your honor? I have a question: by NeuroManson · · Score: 2

    Doesn't making and demonstrating a reverse engineered version of Windows XP (or any Windows for that matter) fall directly in violation of the DMCA? That would make not only the programmer who's making the "XP Lite" operating system, and the court that ordered him to do so, criminals...

    As the ol' saying goes, live by the sword, etc etc etc...

    --
    Just because you can mod me down, doesn't mean you're right. Shoes for industry!
    1. Re:Ummm, your honor? I have a question: by karmawarrior · · Score: 2

      No, it doesn't. Windows is not a product whose copyright is protected through the use of an access control mechanism, and even if it were, producing a modular version, per-se, is not manufacturing a mechanism to bypass such a control mechanism.

      --
      KMSMA (WWBD?)
  108. Re:Huh?!? standard to ask huge amounts time... by Deviate_X · · Score: 1

    It's pretty standard to ask huge amounts time to prepare a response when new evidence is introduced to court. Its inconceivable that the government lawyers were surprised.

    This is clearly a climb down on their part and an embarrassing one too. The only answer which make sense is that their genuinely were problems with the "modular" government version of windows.

    Example: Install RealOne Player, Install Oprah browser. Delete IE files, Delete Windows Media Files. Result: RealOne Player wont start because its dependant on IE.

    Neither would AOL if you chose to install it.

    If the courts demand the MS remove IE thousands of applications will have to be rewritten to support cases where there is no browser embedding support.

    MSFT would have a field day demonstrating broken apps and the fallout on the software industry.

  109. Re:Vile and Corrupt Government by chef_raekwon · · Score: 1

    Methinks that the US government is so damned corrupt, (and capitalist for that matter) that when the lawyers for the states provide damning evidence to beat Microsoft to a pulp, Microsoft waves its almighty dollars in the faces of Senators and Congressmen.

    What a laughable democracy.

    --
    We're like rats, in some experiment! -- George Costanza
  110. Pansy state lawyers by fire-eyes · · Score: 1

    Sheesh, every time they get a good chance (and yes you have to wait a LONG time when you get legal system + MS), the states back out.

    Damn pansies!

    --
    -- Note: If you don't agree with me, don't bother replying. I won't read it.
  111. Re:Huh?!? standard to ask huge amounts time... by majestyk2000 · · Score: 1

    "Install Oprah browser"

    You don't really want to do that. Haven't you noticed how it seems slimmer one day, then bloats up overnight? Or that once it starts working well for you, it wants to take over the whole computer for itself?

  112. $ talks? by Anonymous Coward · · Score: 0

    looks like the campaign contribution trickledown is working, not the worry of the states case.

    ahh dictatorships er um monarchies er um bolshivickism er um stalinizm er um capitalism er um

    Looks the same to me

  113. I see your point... by GroundBounce · · Score: 2

    But still, MS *could have* designed a widget (or control or whatever) with a standardized API in such a way that another API compatable control (e.g., gecko) could have been easily substituted by simply replacing a dll, or even adding a new, differently named dll. They could have, for example, had the main HTML control be simply a wrapper that looks in the registry to find out which actual API-compatable dll to call to implement the control via their component embedding mechanism (COM? I don't know windows terminology that well). I would think this could have been done in a way that could be transparent to the app and hence binary compatible.

    Again, the point is things could have been modularized by design and still be easy and transparent for app vendors, but for seemingly obvious reasons, the decision was made not to do this.

  114. Judge Jude by Anonymous Coward · · Score: 0

    "Whaaaaat!? You are telling me it is going to take a prolonged period of time to get back to me? Get real. Grow up!"

  115. Re:Joke (communism?) by AdmrlNxn · · Score: 0

    Now the company that makes tape decks decides to charge manufacturers for a tape deck in every stereo they produce, even if it only comes with a record player.

    I see you are doing an an analogy here. I see whre you are taking it but what is a record player an analogy of? I need some detail here because that is just confusing.

    Most consumers want to have tape decks so there is nothing the stereo producers can do unless they want to spend twice as much for the tape decks, and if they don't put a tape deck in the stereo anyway, they'll have to pay for it so they go ahead.

    This is one of the points I have been trying to make. Consumers want windows. I am glad you concur.

    Now imagine that another company invents the CD player. The quality is better, the CDs last longer, and you can skip between songs. But no manufacturers produce stereos with CD players because they would have to pay the other company for the tape deck anyway. In addition to paying for the CD player, you'd be paying the first company for the Tape player even though the stereo had a CD player instead. Who would buy these stereos that cost twice as much and don't support the readily available audio tapes? What company would produce CDs when so few people had the equipment to play them?

    What the hell are you trying to say here? You lost me with this paragraph. I tried to take it apart but it does not make any sense. I assume that the Tape Player is still Windows and now I naturally assume the CD Player is Linux. But if a company that makes computers wants to have a CD player instead of a tape player they could install the CD player without having to pay for the tape player ever again. Then again they lose their market because everyone wants tapes and a tape player. Am I even following you here? What happened to record players?

    And the equalizer comment also didn't make a lot of sense. But here I go. I assume that the equalizer is a web browser. What you are trying to say I suppose is that there are better browsers out there because of the 10 band 5 band analogy. But companies can't bundle other equalizers with the tape deck? Are you smoking crack? I have seen OEM's install Netscape right along side Explorer. Nothing wrong with that.

    So I really can't post anymore because... you analogy was bad and didn't flow. So I will end on this note. Find a better analogy so I can start and intellectual debate with you or don't post at all. My god... I feel dumber for just reading that.

    --
    ~Admrlnxn
    "I got your mom in my trunk"
  116. Microsoft in thin Judicial ice. Re:Huh?!? by Anonymous Coward · · Score: 0

    Keep in mind that the issue here was the remedy hearing. The District court had already ruled that Micrsoft had obtained a monopoly, that they had used their primary monopoly over the operating system to illegally extend that monopoly to other aspects of the PC market. The appeals court unanimously ruled that Microsoft had illegally used it's monopoly to exclude competitors.

    Keep in mind that Microsoft had been given numerous opportunities to settle prior to the actual ruling. Microsoft was even given the warning through the findings of fact. When Microsoft attempted, during the Jackson remedy hearings, to nullify the findings of fact and the findings of law, essentially refusing to accept the judgement of the court, Jackson decided that a remedy hearing was merely going to be an attempt to goad the judge into displays of obvious bias. Jackson defined his remedy - taking the reccomendations of the prosecutor, as is customary in nearly any district court sentencing hearing. Jackson even asked the DOJ if they were really comfortable with the division of the company.

    Keep in mind that prior to even beginning the remedy hearing, Judge Kolar-Kotelly would have been obligated to review the entire transcript of the evidentiary hearing, the rulings, the appeals, and the appeals court ruling.

    Since Microsoft had made such an issue of the "appearant bias" of Judge Jackson, Judge Kolar-Kotelly did a masterful job of maintaining a poker face throughout the remedy hearings. In many ways she even appeared to favor Microsoft.

    Since it was Microsoft who originally requested the consolidation of the cases, and it was Microsoft who had tried to split the states, and the Bush administration had violated an agreement which required unanimous agreement of all states, the case was spit. Normally, this would be double jeopardy, since this would have been two possible sentances for the same crime. Because it was Microsoft initiating both the consolidation, and the split settlement, the could very easily be required to accept both the settlement, which would establish the previous rulings of fact and law, along with the interpretations of the courts, which means that Microsoft could not appeal the judgements.

    At the same time, the point of a remedy hearing is two-fold. First, there is the issue of assuring the compliance with the rulings of the judiciary. Microsoft made a big mistake when they claimed that the judge would be violating the separation of powers by altering the settlement This would have been true if Microsoft had settled the case prior to the rulings. Unfortunately, because Microsoft had waited until after the rulings of not only the district court, but also the appeallate court, it was the D.O.J. who was treading on thin ice. They had conspired with Microsoft to alter the rulings of the judiciary, attempting to alter definitions within the rulings, and the specifics of both the district court, and the of the appeals court. It is almost unthinkable that a circuit court judge would set aside the unanimous ruling of the appeals court.

    During the dessenting states' remedy hearing, Microsoft had already shown their intent and tactic for circumventing the provisions of the proposed settlement. Microsoft has already taken measures to exclude competitors - but in a non-preferential way, by putting all of their APIs under the "security" exclusion. They unifomly required that all OEMs overpurchase software, that all corporate customers accept a new "XP License", which included measures to further exclude competitors. Even though the new licenses allow corporations to use previous versions of windows, they are far more restricted. For example, they are not allowed to use GNU software, such as Cygwin. They are not allowed to run Linux as a guest under VNC for windows, and they aren't allowed to run Windows as a guest under Linux. Corporations who accept the new terms will also not be able to run Windows under Linux using Win4Lin, even though they have the licences.

    Microsoft has attempted to claim that it's competitors helped to draft the remedies proposed by the dissenting states. Ironically, the companies cited by Microsoft were the same ones who had been shown during the evidentiary hearings to have been harmed by Microsoft. Microsoft seems to have forgotten that a key provision of antitrust hearings is providing remedies designed to compensate for the advantage held by the monopoly holder. The remedy can range from divestiture of assets, to nullification of contracts, to the formation of regulatory agencies which micromanage the monopoly.

    What remains now is how Judge Kolar-Kotelly plays the hand. She has a hand full of trump cards, and she has been playing them close to her chest. As much as she didn't want to be the one to set judicial precedents, she is now faced with the challenge of trying to stand for the integrity of the Judiciary.

  117. Re:Joke (communism?) by jgoemat · · Score: 1
    This is one of the points I have been trying to make. Consumers want windows. I am glad you concur.

    I definitely agree with you that most consumers want Windows. That's the point, that MS is using their position in the market to force people to buy Windows that normally wouldn't want it. Democracy is based on majority rule, but protecting the rights of the minority. If computer manufacturers want to save money with MS, they are forced to sign a licensing agreement that says they have to pay MS for every computer they produce. They do of course because 95% of their customers want it and saving that money helps their bottom line. The problem is that they then have no incentive to make computers with different operating systems because they're paying for Windows anyway. This monopolistic practice prevents other operating systems from getting a foothold.

    What the hell are you trying to say here? You lost me with this paragraph. I tried to take it apart but it does not make any sense. I assume that the Tape Player is still Windows and now I naturally assume the CD Player is Linux.

    First of I want to say that I have Windows on two computers in my house and Linux on one. I'm not a Linux zealot, and I believe that Windows is a better operating system for desktop use. I think X11 is the death of Linux on the desktop. I would have liked to try BeOs out when it was available, but I wasn't going to pay the extra money to get it and bother with installing it when Windows was already on my computer. I think the desktop OS market is largely devoid of choice due to Microsoft's machinations.

    But if a company that makes computers wants to have a CD player instead of a tape player they could install the CD player without having to pay for the tape player ever again. Then again they lose their market because everyone wants tapes and a tape player. Am I even following you here? What happened to record players?

    That's exactly right. Dell for instance could start selling computers with Linux installed (or BeOs if it was still alive, or another new OS that comes out), but they would lose the price benefit from their deal with Microsoft. 95 percent of the computers they produce would start costing more money and they would be in a less competitive position in the market, hurting their sales. MS is shutting other operating systems out of the large OEM market, never letting them get a foothold and build their market share.

    I think the record player could represent other choices before MS gained a monopoly, maybe OS/2.

    And the equalizer comment also didn't make a lot of sense. But here I go. I assume that the equalizer is a web browser. What you are trying to say I suppose is that there are better browsers out there because of the 10 band 5 band analogy. But companies can't bundle other equalizers with the tape deck? Are you smoking crack? I have seen OEM's install Netscape right along side Explorer. Nothing wrong with that.

    The point is who wants to buy a stereo with two equalizers? I sure wouldn't. An OEM manufacturers cannot make the 10 band equalizer the default one, the consumer would have to switch it to the default themselves, and the 5 band built-in equalizer would always be there.

    The analogies don't fit perfectly because we are talking about different products (software/stereos). Also there was never one company that owned exclusive rights to tape players. There is no way to make them perfect but I believe they do show a point. If you require more help understanding any of this feel free to email me.

    Jason Goemaat
    jasong@netins.net

  118. infinite = indefinite / 0 by cgenman · · Score: 2

    If I remember my calculus correctly (and this is nitpicking, btw), if an input variable is approaching another number, and it can be proven to get as close to the number as you could ask for, and that the function is continuous (contiguous?) at that point, then for all mathematical purposes a number infinitely close to another number behaves exactly like that other number, and QED is equal.

    With an indefinite period of time, one can get as close to an infinite period of time as another person could ask for. Likewise, the outcome of the process will be the same. Therefore the slope of the function is the same, and QED the OJ defence has worked yet again.

    1. Re:infinite = indefinite / 0 by Ionized · · Score: 1

      infinite = forever, unending, doesnt stop
      indefinite = undefined, as in, it could go forever, or it could be tomorrow

      saying the two are functionally equal is like saying... well, im tired right now and i cant think of a good analogy. but the point still stands.

      anyways, ANY concept divided by zero "equals" infinite (not really, but for our purposes its close enough) so your point, while not only wrong, would also be useless if it was right.