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MS to Implement Some DoJ Settlement Terms Preemptively

lysurgon writes: "The New York Times (free registration, blah blah blah) is reporting that Microsoft will today announce it is taking some steps in implementing parts of the original DoJ settlement, a settlement which is still under review and not yet official. It's seen as a tactic to influence Judge Kollar-Kotelly's deliberation on the more stringent restrictions asked for by nine states attorneys general. Looks like MS wants to get off making some cosmetic changes (no surprise there), but given their rather stormy relationship with the judge, it could backfire. The other interesting thing is that at this stage, without an official ruling, no matter what they do or why they say they're doing it it's legally voluntary." Update: 08/05 17:00 GMT by T : HeUnique adds a link to another story on ZDnet which tosses in a few numbers while remaining fairly vague on what exactly will be released and under what terms.

22 of 346 comments (clear)

  1. Sure They will Change a few Icons by Anonymous Coward · · Score: 2, Insightful

    The whole MS monoploy lawsuit has come down to removing a few icons from the desktop. Like that is going to create a great deal of problems for MS? The States that oppose the settlement are right. Nothing but an OS, no browser or media player. If you want that then MS must sell it on the open market. MS isn't going away and the lawsuit must force a more level playing field.

    1. Re:Sure They will Change a few Icons by grahamm · · Score: 3, Insightful

      Why? Microsoft own and write (or have bought the companies which wrote) the applications that are shipped with Windows, and would claim that they are all part of Windows. A linux distribution contains both Linux and multiple applications - often several applications which serve the same function. So a typical Linux distribution encourages competition whereas Windows stifles it.

    2. Re:Sure They will Change a few Icons by McFly777 · · Score: 3, Insightful
      they should also demand that Lunixes ship only with the kernel - no netscape or xmms, or anything.
      Linus does ship Linux only as the Kernal. It is third parties, RedHat etc., who sell the grouping of Linux with other projects such as Xfree86, Gnome, etc.

      M$ on the otherhand restrained third parties (Dell, Gateway) from shipping Windows with other software such as Netscape, or other OSs such as BeOS, installed on the machine.
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      - - -
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    3. Re:Sure They will Change a few Icons by edremy · · Score: 4, Insightful

      The States that oppose the settlement are right. Nothing but an OS, no browser or media player.

      I've said it before, I'll say it again. What's an OS? Just the kernel? Are you allowed to add a file browser? A GUI? A network stack?

      Every one of these used to be available as an extra-cost add on for Windows and other OSs. Trumpet used to make good coin with Winsock: do we make MS strip the TCP/IP stack from Windows? (It wasn't just MS: we paid serious dollar$ for a TCP/IP stack for the VMS cluster I used to admin.)

      Indeed, perhaps even the kernel is removeable: Win3 ran fine with DR-DOS underneath instead of MS-DOS, despite what MS said.

      I have a really hard time with this: where *exactly* do you draw the line on what you include? Does that line move? Selling an OS without modem support and a network stack would be suicide today, but it wasn't ten years ago.

      A web browser IMHO has reached the point where it should be included as part of the OS: there isn't a single OS on the market today that doesn't bundle one. A media player might be under the umbrella. Just try and strip Quicktime out of MacOSX and see how far you get.

      --
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    4. Re:Sure They will Change a few Icons by PainKilleR-CE · · Score: 2, Insightful

      Nothing but an OS, no browser or media player. If you want that then MS must sell it on the open market. MS isn't going away and the lawsuit must force a more level playing field.


      Sell it on the open market for what? The going price of the next-largest competitor? So, for a browser you're looking at... free. For a media player you're probably looking at ads + nag screens or $10 to remove them.

      The actual result of the DoJ settlement proposal is more along the lines of allowing people to remove access to these components from everything except those functions that will not work with any other company's replacement (Windows Update is usually a good example of this, since it doesn't seem to work with other browsers). There are a few other points in there, but that's the one that will be most visible to most people (the majority of it has to do with contracts with ISVs, ISPs, and OEMs, so people won't really see the changes there unless their vendors make changes to other developers' software because of the contractual changes).

      Personally, I think the judge should choose something more of a middle ground between the DoJ proposal and the 9 states' proposal. Unfortunately, there really isn't much to go on in the case that the DoJ originally made (after the appeal threw out quite a bit of it), and the majority of the case was built upon contractual items excluding (or making very costly) competitors from the market. The case didn't lay a good groundwork for opening up code and breaking applications from the operating system, primarily because the easiest thing to prove is what's written down and given to other companies, the contracts they had with them.

      Other than that, antitrust law isn't about 'a more level playing field', it's about keeping the biggest player on the field from preventing other players entering the field. Microsoft made contracts with other companies that made it prohibitive for them to use or sell other people's software when it competed with their own, and opening the source code to Office (part of the 9 states' proposal) doesn't address that situation (though both proposals include contractual changes that will address it).

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      -PainKilleR-[CE]
    5. Re:Sure They will Change a few Icons by PyromanFO · · Score: 3, Insightful

      "Are you saying that instead of having one set of rules, we should have several that depend on the size of your organization and the amount of power it wields?"

      No, hes saying that when a company breaks the law they should be punished. MS has been convicted of breaking a law, hence they should be punished by forcing modularity.

      You have the right to own a gun, however people who are on parole can be restrictred from owning one.

    6. Re:Sure They will Change a few Icons by thomas.galvin · · Score: 2, Insightful

      The actual result of the DoJ settlement proposal is more along the lines of allowing people to remove access to these components from everything except those functions that will not work with any other company's replacement (Windows Update is usually a good example of this, since it doesn't seem to work with other browsers). There are a few other points in there, but that's the one that will be most visible to most people (the majority of it has to do with contracts with ISVs, ISPs, and OEMs, so people won't really see the changes there unless their vendors make changes to other developers' software because of the contractual changes).

      And this will prove to be a wonderfully useless "solution." I can just hear all of the customers out there screamning "ooh, ooh, I want fewer features in my copy of windows! No browser? Cool! I have to download the free (10 Meg) media player? Sign me up!"

      Other than that, antitrust law isn't about 'a more level playing field', it's about keeping the biggest player on the field from preventing other players entering the field. Microsoft made contracts with other companies that made it prohibitive for them to use or sell other people's software when it competed with their own, and opening the source code to Office (part of the 9 states' proposal) doesn't address that situation (though both proposals include contractual changes that will address it).

      Exactly right. Telling MS to offer a stripped down version of Windows is sensless, since almost no one will buy it. What the DoJ needs to do is stop MS from keeping other vendors off the desktop, or off the system alltogether. MS doesn't like Java? Fine, don't bundle it. But there are a lot of OEMs that will see the value in having Java on their computers, and MS should not be able to stop them from putting it there.

      They also need to go after all of the price schemes they seem to be hitting vendors with. What MS is charging Dell to put Windows on their boxes should not be a trade secret, and the only price break MS should be allowed to give one OEM over the other should be due to volume discounting; none of this "Don't put Linux on your machine, or you'll loose you 'special discount'" stuff.

    7. Re:Sure They will Change a few Icons by nathanh · · Score: 3, Insightful
      I've said it before, I'll say it again. What's an OS? Just the kernel? Are you allowed to add a file browser? A GUI? A network stack?

      And the reason you keep saying it is because you still don't understand what Microsoft got in trouble for.

      The court case was not about the bundling of the browser. It was about the forceful tactics used by Microsoft against OEMs who wanted to ship Netscape Navigator. The OEMs were told - in no uncertain terms - that they would ship IE instead of Netscape or Microsoft would force them into bankruptcy.

      OEMs should have the right to change bits as they see fit. Microsoft removed that right. This is the same reason why the so-called argument that "KDE ships with Konqueror!" is so idiotic. Vendors like RedHat have the option to ship KDE with or without Konqueror. OEMs like Compaq were not given that choice with IE on Windows.

    8. Re:Sure They will Change a few Icons by evilquaker · · Score: 2, Insightful
      However, when it comes to the question of wether or not MS abused it's monopoly by also distributing a tcp/ip stack, a web browser, a media player, notepad, etc ... I have to disagree with people. All they were doing was giving people features they want.

      If you really believe that, you're naive. Ask yourself this question: Why was Office never included with Windows? Is it because people don't want it? Or is it because MS already had a dominant position in the office suite market and could make more money selling it separately? Note that for every new feature they've bundled (IE, WMP, TCP/IP stack), they were coming from behind in the market and using their monopoly to force users to use their products. This isn't a case of giving users what the users want... it's a case of MS giving users what MS wants.

      --
      To within half a percent, pi seconds is a nanocentury. -- Tom Duff
    9. Re:Sure They will Change a few Icons by joesilicon · · Score: 2, Insightful

      The problem is not what is included in the package, but what the motivation for the inclusion was.

      Netscape was huge--they were selling web servers and browsers, threatening MS. There was talk that we could do away with a typical "os" and do everything via web browser (shared apps, etc.)

      So, MS comes out with IIS which is bundled with NT (or a free add on), bundles IE for free, has proprietary extensions--forces one of their competitors out of the market by including something for free with its MONOPOLY operating system. It is illegal to ABUSE your monopoly--as was the case with MS vs. Netscape, and countless others.

      There are multiple instances of abuse stemming from MS "bundling" products for free that competitors were offering for a fee, outright lies (DRDOS), manufactured incompatibilities etc. These are abuses, and thus, action was taken.

      No one is asking "do you want a browser with that OS?" They are saying, is MS allowed to put companies out of business by illegally exerting market control b/c it happens to have a monopoly?

  2. Re:Good and Bad... by Helter · · Score: 5, Insightful

    I see most of their current actions as nothing more than a bid for some quick good faith.
    Many of the .Net and Palladium structures that they're trying to push through have been met with an extreme (and understandable) amount of skepticism and mistrust. I think that they're trying to force a quick image makeover so that people will be less likely to look at their plans in a "worst case scenario" kind of way.

    Just the opinion of a professional MS boy.

  3. Disgusting analogy. by glrotate · · Score: 1, Insightful
    Terrorism is carnage. Dead mothers, fathers, husbands, brothers, sisters, children.

    Terrorism is destroyed lives, broken bodies, broken hearts.

    Whatever your opinion of MS is, your comments are so unbelievably callous and shortsighted that it's a sad state of affairs when you are modded insightful.

  4. Too vague to be of any value by A+Cheese+Danish · · Score: 2, Insightful

    From the article:

    The company's proposed settlement with the Justice Department would give computer makers more flexibility to add icons and menu entries of their choosing to Microsoft's Windows operating system.

    It would also prevent Microsoft from entering into certain restrictive and discriminatory pricing agreements, require the company to make some disclosures about its software code and restrict the company from retaliating against competitors.

    So basically, it's saying that they are just changing the paperwork of their contracts with computer manufacturers (which is no work on their part) and releasing bits of code out to the public (also no actual work being done). But we're not saying which of these we're doing, how much of these non-mentioned goals we will accomplish, or exactly when we can expect these non-mentioned amounts of non-mentioned goals to be completed (or at least expected to be completed).

    I will be anxious to hear what is produced from the phone call happening later today, but right now, there is too little information to assume too much.

    --
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  5. Whatever it takes... by lynx_user_abroad · · Score: 2, Insightful
    They really don't have an option. Assuming an unbiased judge, if they force the judge to make a judgement, any judgement would be more expensive that just about anything they could offer for an out-of-court settlement. If there is a judgement, it must be one "in the public interest".

    On the other hand, if there is a consent decree, there's no restriction on what the terms of such a consent decree must be.

    What bothers me is that the consent decree route is supposed to be an incentive for a defendent to avoid the cost and time of a trial. It hardly makes sense for them to consent at this point, unless they know it's the only way to avoid a harsh judgement.

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    The thing about things we don't know is we often don't know we don't know them.

  6. Re:Kernel-only distribution by hburch · · Score: 2, Insightful

    The argument is what an operating system is. MS claims it is basically a full distribution. Most of the Linux companies give distributions as well. Basically, what AC was referring to is allowing alternative distributions different from Microsoft's.

    The OEMs want this basically because they can sell placement in their distributions (or at least buy cheaper). Microsoft, of course, does not want this, as it means they have to make each component better than the alternative, instead of just having a better total distribution. It also (perhaps more importantly) allows Microsoft to create full branding across multiple programs, creating the notion of using only Microsoft software ("mind-share"...everything I use is Microsoft, so I should chose Microsoft's version of the next application/server I need).

    If you want to create a distribution with kernel-only, that is certainly possible (although it would be of limited usefulness). More important is that you can create a distribution that re-implements all of the functionality currently provided by the other programs and ship your own binary-only Linux (modulo kernel code: I'm not sure what it's license is).

  7. Re:Sad state of affairs by dubious9 · · Score: 2, Insightful

    This government has bowed to corporate interests at every turn.

    I'd have to agree with you there. But whichever side this case goes to, the government is still bowing to corporate interests. Let's try and remember why this whole thing started.

    Consumer's rights? No. But when you have Sun, IBM, Netscape (now part of that tiny upstart AOL) lobbying around Washington, then the Justice Department takes notice. This is less a battle of consumers against a corporation then a battle of Corportions against a corporation.

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  8. This is MSFT strategy 101 folks by Anonymous Coward · · Score: 2, Insightful

    I think MSFT is doing this on purpose. Much like they force standards by pushing them into the market through the power of their channel (if everyone is using them, they're standards right?), I think they are complying with the weaker restrictions to A) make themselves look friendly, B) to make it look like the case is over, and C) to make the states that are clinging on to stronger sanctions look like bullies. My guess is that it'll work and the pressure for more restrictions will be dropped by the end of the year.

  9. Too Little, Too Late by Stephen+VanDahm · · Score: 5, Insightful
    I don't want to troll, but I for one have lost hope that anything good will come out of the Microsoft trial. Their stranglehold on the Desktop market is pretty invincible, in my view. The penalties proposed by the States are too little, too late.

    If they release a stripped-down version of Windows without a web browser, what good will it do? Microsoft already owns something like 95% of that market, and its only competitor, Mozilla, isn't so much better than IE that anyone will switch back. I suppose that they haven't won the "Media-Format War," for lack of a better term, so maybe a version of Windows without WMP might help. But I don't think it'll make that much difference.

    The real reason that the Microsoft monopoly is invincible is that there are no competitors. Linux on the desktop isn't working out too well. BeOS is out of business, and while there are Open-Source BeOS clones, they aren't ready yet. OS X is frickin' sweet but it doesn't run on i386 hardware. None of these options, even if viable, would allow users to run their old Windows programs.

    The best case situation is that Microsoft behaves a little better towards the folks they've already beaten. Nothing in the proposed penalties (that I've heard about, anyway) will keep Microsoft from crushing competition in the server/Enterprise area, or from implementing their Palladium project.

    In my view, an effective set of penalties that solves current and future problems would contain the following:
    • Full Disclosure of their APIs. There should be a mandatory waiting period between the release of a modified API and the release of MS software that implements that API (so that competitors have time to implement them too). Proprietary HTML extensions count as an API for this purpose.
    • Ensure that Palladium is a fully open system. It should be compatible with Linux and other Open Source projects both at the technical level and at the legal level. In other words, GPLed software should run on Palladium-enabled hardware without violating the GPL.
    • Ensure that .NET runs on UNIX. Even the graphical applications.
    • Anyone should be able to write software that understands Microsoft file formats.
    • Windows network protocols should be well documented in such a way that other companies can write software that interfaces with Windows clients (like SAMBA) and Windows servers (like Ximian Connector).
    These are the penalties that the states should be demanding. These are the penalties that will allow for the creation of competitive alternatives to Windows. Until this happens, we're fucked.
  10. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  11. In related news... by Alsee · · Score: 3, Insightful

    A convicted child molester awaiting final sentencing has voluntarily stopped giving cherry flavor lollypops to children. He continues to insist that prison time and losing his job as school teacher are unacceptable.

    He further argues that it would be inappropriate for the sentence to place any restriction on his freedom to use candybars to lure children. While he admits he has used candybars in this manner, the district attorney got his conviction based on solely on cases where he used cherry lollypops. Candybar evidence was never presented in court due to budgetary constraints the complexity of the numerous brands and flavors of candybars involved.

    -

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  12. Outlook and Exchange by IGnatius+T+Foobar · · Score: 3, Insightful

    What I'd really like to see opened up is either the MAPI extensions used for calendaring/scheduling, or the Exchange wire protocol used to do the same. If either were opened up, we'd be able to extend groupware servers like Citadel to handle Outlook calendaring/scheduling with the same capabilities as an Exchange server.

    Let's go, Bill: put your money where your mouth is. Is your software good enough to stand on its own merits instead of being propped up by platform lock-in?

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  13. MS not complying. File formats are the heart. by SgtChaireBourne · · Score: 3, Insightful
    What makes you think that MS is complying? Look at the details of disclosure, especially the loopholes for security and to whom access to the code will be granted.

    Fileformats are a key issue and do not seem to be addressed either. It's not just an issue for competitors. How many MS users have upgraded because of changes in MS-Word, MS-Excel, or MS-PPT file formats? Also, if you go over to renting software, License 6.0, the day you give up your subscription is the day you lose access to your own data...unless those files can be read by a non-MS program. Additionally, the DMCA probably could be used as a hinder unless the file specs are public.

    Apply Occam's Razor to the ZDNet and CNet articles and you'll see that, like most such press releases, there's really nothing there but a few kernels buried here and there. From the ZDnet article : if other companies got too much access to the inner workings of the operating system. It said that would allow them to "clone" Windows, prompting Microsoft to stop investing in research and development on the operating system. Perhaps this is a form of not complying or a softening up to the end of the MS-Office and MS-Windows product line.

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