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Microsoft Settlement Compliance Criticized

Jeremy Allison - Samba Team writes "A report on the Microsoft "release" of communication protocols, as required by the proposed settlement. Article from the Washington Post. Speaking for the Samba Team, we can't look at these documents as they require signing an NDA before even getting the terms of release. Jeremy Allison, Samba Team."

17 of 516 comments (clear)

  1. Oh, come ON... by EvilStein · · Score: 4, Interesting

    " But even with the settlement, software firms say Microsoft still isn't making it easy to see the protocols. In order to gain access, a company would have to use Microsoft's "Passport" identity authentication system, then request and sign two forms - one of them promising secrecy - just to see the license terms and find how much Microsoft is charging for the information. "

    Someone needs to take them back to court for this.. or try to get the cort to neatly spell out every little detail of what M$ is required to do. This interpretation of the "settlement" is just absurd. And what a slap in the face of the rest of the world.. making you use friggin MICROSOFT PASSPORT to gain access.
    And "request" forms? Have they denied anybody the forms? Are they allowed to deny forms? Great. They're going to be nice and slow..and selective..

    Un friggin believable. I can't believe they're just getting away with all of this.

    1. Re:Oh, come ON... by kittywampus · · Score: 5, Interesting

      I've finally decided that I believe the courts cannot resolve this. So, now I'll just what what little I can - I've purchased an iMac. Of course, my purchase makes no difference in the grand scheme of things. But maybe if someone else does it too...

    2. Re: Oh, come ON... by Malcontent · · Score: 5, Interesting

      "Microsoft pays taxes."

      Not really. Not that much.

      "Microsoft employs many Americans."

      Not really. They have under 30 thousand employees. Let's Compare that to some other large employers shall we.

      IBM = 312,000
      AT&T = 151,000
      Exxon = 131,000
      Philip Morris = 140,000

      The paltry 30K employees of MS could very easily be absorbed into the US economy.

      "Microsoft isn't a terrorist state."

      No but they are convicted criminals.

      "Microsoft buys politicians."

      There is no debating this.

      "Microsoft is mostly clean, un-threatening white guys."

      Mostly white sure. Un-threating? depends on who you are I suppose. Unethical most likely? Remember these people have a cult like attitude towards their company and Bill Gates and have remarkable ability to rationalize away any evil committed in their name and with their help.

      --

      War is necrophilia.

  2. Pecunia non olet. by vonWoland · · Score: 5, Interesting

    Of course, this should surprise no-one. Nothing short of a radical break-up will cause this company to be one whit less arrogant---indeed, one can argue that since its primary duty is towards its shareholders, there is no incentive for Microsoft to change.
    But in this political climate, such government action is highly unlikely. In fact, the opposite has been happening: Standard oil was broken up a nearly a century ago, and now its old pieces are reassembling themselves. There does not seem a merger that the F.T.C. does not love.
    The biggest mistake that Microsoft has made was ignoring politics for such a long time. Before this case, its net political contribution to either party were nearly nil. As soon as the first writs started to come in, so did money start to pour from Redmond to Washington, now contributions to both parties are in the millions, and Federal prosecutors have become far less eager.
    Perhaps I am a pessimist, but here is my prediction as to the outcome of all these legal actions: appeals, followed by more appeals, followed by earnest wrist slapping.
    But there is a bright side: Microsoft vision of the P.C. as a direct conduit between it and its customers' wallets will do more to break up its stranglehold than all the judges on the bench.

  3. Re:And the problem is... by Jeremy+Allison+-+Sam · · Score: 5, Interesting

    No, and that's the problem with the settlement. Not that they should be required to make their code Open Source, but they should be required to publish the protocols in an open manner so that other companies/software projects (ie. NetApp, EMC, Samba) can interoperate.

    That was one of the whole points of the legal action remember, to prevent them leveraging their desktop monopoly into the server space.

    Repeat after me... competition is *good* :-).

    Jeremy Allison,
    Samba Team.

  4. One way around... by Jouster · · Score: 5, Interesting
    is to get an organization that many people belong to, say OSDN, to buy the data. Anyone with an OSDN login can view the data (same "person", legally speaking--everyone's a rights-designate of OSDN if the principals sign a few forms [and we click an "I agree" button or two]).

    Of course, we couldn't do anything with the data, since:
    [] Microsoft is charging a royalty fee to use the communications protocols, any open-source developer - those who contend that sharing software blueprints is the best way to build products - would not be able to use them. Those companies, which include Linux firms, use a special "free software" license called the General Public License that bars any payment.
    Damn.

    Jouster
  5. Workarounds by overshoot · · Score: 5, Interesting
    Although software libre developers can't get access to Microsoft's specs or API source, it's quite possible to work around the problem.

    Basically, a commercial entity or entities (e.g. Sun, IBM) with an interest in promoting free software competition to Microsoft could finance an operation which would use the Microsoft specs to put together a compliance suite. Since a great deal of the effort in reverse-engineering protocols lies in making sure that your tests are complete, a black-box compliance suite -- even though not itself free -- would dramatically ease the process of reverse-engineering the specs themselves.

    As a dandy side-effect, the suite would also show up where Microsoft doesn't comply with their own specs, which detail might be of interest to the public and the Court.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
  6. Re:Obfuscation? by Jeremy+Allison+-+Sam · · Score: 5, Interesting

    Computer science 101 time :-).

    API's are *not* protocols. I don't care what their API's are, I don't program under Win32.

    I care what bytes come out from and go into the *network* from a Windows computer as a protocol description.

    You know, that rather thick blue piece of string hanging out the back of your computer :-).

    Jeremy Allison,
    Samba Team.

  7. Re:interesting factoid by timothy_m_smith · · Score: 4, Interesting

    The thing is, whether you like Microsoft or not, if you are there competitor you know that this settlement and court case makes them weak so you batter them every chance you get. The settlement says that Microsoft can charge royalties for the protocols and they are doing that. The settlement did not say that Microsoft had to GPL the protocols.

  8. Re:And the problem is... by michael_cain · · Score: 5, Interesting
    The problem is that they're circumventing the restrictions imposed on them.
    Excuse me... imposed on them? MS claims they are voluntarily complying with the terms of the agreement that they negotiated with the DOJ. That agreement has not been accepted by the judge, hence has no force. I still believe that the judge will decide that Jackson was right the first time around and that splitting the company is the only way to reliably keep MS from repeating the illegal actions that they were convicted of. Remember that the Appeals Court did not say that splitting the company was wrong, only that Jackson had not conducted proceedings appropriate for such a harsh penalty.

    Until the judge issues her decision, anything that MS is doing is just posturing...

  9. Speaking for myself by anomaly · · Score: 5, Interesting

    I have to say thanks to the SAMBA team!

    I'm working on an implementation of a closed-source proprietary application. This app is installable on unix and Windows boxes.

    The code repository is on an AIX box here, and I needed to make that available to a Windows box. I don't have root on the AIX box, but I do have root on a linux box. I nfs-mounted the code repository to my Linux box, and was able to export _that_ filesystem using Samba in a matter of minutes.

    Rather than fighting political battles, I'm getting my work done. That would be much more difficult if the Samba team wasn't doing a great job.

    I've read some comments dinging Samba for not being a perfect clone of SMB/CIFS. I can understand frustration when you need a feature that's not available yet, but we should all be thankful that any interoperability is possible.

    Keep up the good work!

    Regards,
    Anomaly

    --
    But Herr Heisenberg, how does the electron know when I'm looking?
  10. Re:interesting factoid by OddWeapon · · Score: 4, Interesting

    I know Webbink personally and he went to school in North Carolina (where RedHat is BTW). And I am pretty sure he never interned at MS either.

  11. Washington Post gets the GPL wrong (surprise!) by jbn-o · · Score: 5, Interesting
    Since Microsoft is charging a royalty fee to use the communications protocols, any open-source developer - those who contend that sharing software blueprints is the best way to build products - would not be able to use them. Those companies, which include Linux firms, use a special "free software" license called the General Public License that bars any payment.

    Perhaps not surprisingly, the mainstream press gets salient details wrong. The last sentence of the above paragraph is simply untrue. Even Microsoft understands they can sell GPL-covered software (as they have been doing for quite some time now). The GNU GPL (erroneously referred to as "the General Public License" above) does not "[bar] any payment"; it can be okay to sell Free Software including GNU GPL-covered software. In fact, in the essay I just linked to it is encouraged that one get as much money as one can for distributing Free Software.

    One element that makes payment impossible for Free Software developers are licenses that require per-seat payments. When you have the freedom to share the software freely you can't keep track of who gets a copy. When you have the freedom to modify the software tracking systems built into the software can (and probably will) be removed. Free Software licenses grant you the freedoms to share and modify the software under that license.

    1. Re:Washington Post gets the GPL wrong (surprise!) by nagora · · Score: 4, Interesting
      Since Microsoft is charging a royalty fee to use the communications protocols, any open-source developer - those who contend that sharing software blueprints is the best way to build products - would not be able to use them. Those companies, which include Linux firms, use a special "free software" license called the General Public License that bars any payment.

      Perhaps not surprisingly, the mainstream press gets salient details wrong. The last sentence of the above paragraph is simply untrue.

      In this context it is true. The GPL prevents an open source developer charging Microsoft's royalty to their users as that would be a restriction on the distribution.

      In other words, the GPL bars payments to third parties in these sort of cases.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
  12. Re: So how come we're not bombing Microsoft? by SgtChaireBourne · · Score: 4, Interesting
    So how come we're not bombing Microsoft?
    But Bill knows that it might come to that to enforce the court's decisions. So he's dug himself in with a windowless, underground bunker and started arming himself. ;)

    Seriously, aerial bombing campaign or not, the court's decisions do need to be enforced. Interoperability is essential for economic growth and since Microsoft has been the largest single obstacle to interoperability, you could say that it looks like Microsoft has been a factor in holding back eonomic growth.

    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
  13. I hope the judge read my submission by Paul+Johnson · · Score: 5, Interesting
    I was one of the people who sent in comments under the Tunny act. You can find them in the list of 47 selected comments. In it I wrote:
    Microsoft must not be allowed to pretend that these interface descriptions are trade secrets, as it tried to do with its extension to Kerberos. Because OSS packages include the full source code they inevitabley reveal the full details of their operation to any programmer who downloads them. If Microsoft can claim trade secret status on an interface it can effectively block any OSS package from using that interface, since to do so would reveal the "secret" of its operation. This appears to have been the objective of the click-through license on the Kerberos extensions (see above). The "Samba" project (www.samba.org) has reverse-engineered the Microsoft file and printer sharing protocols, allowing non-Microsoft systems to gain access to resources on Microsoft systems. An updated version of Samba for Windows 2000 is being prepared which will need to inter-operate with the Windows 2000 Kerberos extensions. If these extensions are considered trade secrets then it would be impossible for the Samba project to work with these extensions, and a key component in any mix of Microsoft and non-Microsoft computers would be crippled.

    I also tackled the issues of cost (e.g. subscription fees) and protocol patents.

    Hmmm. It seems that I was right to be worried.

    Paul.

    --
    You are lost in a twisty maze of little standards, all different.
  14. Courts do get it eventually by werdna · · Score: 5, Interesting

    Microsoft has managed to survive many tough legal blows to date and, despite a criminal conviction, seemed like they would survive with a slap on the wrist. Part of it was some tough negotiations with a timid (or well-lobbied, perhaps) Justice Department and a few states, and part of it was a well-oiled "P.R." campaign to good cop the new judge. Part of that campaign was a supposed, "voluntary," implementation of the settlement.

    Microsoft, ever incorrigible, can't seem to help itself, and this is A REAL GOOD THING. I would rather the insufficiency of the settlement be realized in a practical and tangible manner before, and not after, the judge reaches her decision -- when there is still time for her to change her mind.

    It is stuff like this that turned Judge Jackson into a Microsoft-hater, and indeed, it will have a similar impact on the present judge. However unlikely it was that she might reject the positions of both parties and ask for briefings on structural relief -- conduct such as this makes that one step more likely to happen.

    For those hoping that she will throw the book at Microsoft, however she does it, this kind of news is the best thing that could happen. The Judge has the power now -- and Microsoft's bad acting is amazingly short-sighted.

    I love when my opponents overreach visibly. It always helps me in the end.