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Ask a Legal Expert How MS Ruling Affects Open Source

By now we all know about Judge Kollar-Kotelly's decision in the Microsoft antitrust case. The effect of this ruling on Linux and Open Source use and future development is not yet clear. For those of you who have been wondering about this, we have a special interview guest: Attorney Lawrence E. (Larry) Rosen, Linux Journal's popular Geek Law columnist, who is surely one of the best-qualified people in the world to answer questions on this topic. (Usual Slashdot interview rules apply.)

247 comments

  1. Simply put... by Anonymous Coward · · Score: 1, Interesting

    ... Do we have a chance?

    1. Re:Simply put... by Anonymous Coward · · Score: 2, Insightful

      The really odd thing is that many /. posters assume that MS won and that that is bad for computers in general.

      Microsoft did not win. Netscape, Sun, etc. did not win. The US government did not win.

      Everyone lost money and, more importantly, time.

      One main angst point is that MS "should not be free to enter the consumer electronics business" and that we all have "right" to have "open source, hackable consumer electronics".

      I don't remember anyone pursuing anti-trust, 'you must open source or open the harware to hacking' the Nintendo Gamecube, Sega Dreamcast, or Sony Playstation 2.

      Does freedom of speech include freedom to design your hardware/software anyway you want to?

      Would it be perfectly legal for Microsoft to simply release a new OS version every year and obsolete the old software api's every other year to make competitor's software obsolete much much sooner. Thus forcing competitors to spend large sums of money to re-code their software for the new os version as well as support many more os platforms.

      The general consensus /. opinion seemed that MS should be forced out of business period and that anything less is a loss for GNU/Sun/Netscape, etc.

      This is unreasonable. Microsoft could offshore it's assets to a country and have protection from US anti-trust regulations.

    2. Re:Simply put... by jhantin · · Score: 2, Interesting

      Offshoring only gets one so far... while protected from US anti-trust regulations, it would also be effectively prohibited from doing business in the US.

      --
      ...when you're writing a game...tweak the difficulty of "Easy" to something [your mother] can cope with. -- onion2k
    3. Re:Simply put... by Anonymous Coward · · Score: 0

      If we take the attitude that any one who hacks hadware/software to fit their needs is violating the manufactureres licence, we should not stop here... anyone who modifies a car/truck etc should be sued as well by the automobile manufactureres.

    4. Re:Simply put... by datamonist · · Score: 1

      Piracy is not nearly as rampant as you think. Many content providers are taking advantage of the fact that computers transfer information via copying, and are trying to attach copyright law where it doesn't really belong. Piracy is a very loaded word, and shouldn't be used widely or lightly.

  2. Finally! by 13Echo · · Score: 5, Funny

    Finally, tech-based legal advice that doesn't begin with "IANAL".

    1. Re:Finally! by Anonymous Coward · · Score: 1, Funny

      > Finally, tech-based legal advice that doesn't begin with "IANAL".

      IANAL, but I think the above line does *not* violate the DMCA.

    2. Re:Finally! by bluethundr · · Score: 1



      Finally, tech-based legal advice that doesn't begin with "IANAL".

      Dammit!~ I don't know if I'm confortable seeing legal advice without that acryonym in place. Think he'd be willing to mollify my need for acronyms by preceding his advice with "JCIAAL"? Or how about "JCDWSMIAAFL" (as in Jesus Christ! Don't Worry So Much! I am a friggin' lawyer!)?

      --
      Quod scripsi, scripsi.
    3. Re:Finally! by Anonymous Coward · · Score: 0

      Jesus Christ! Don't Worry So Much! I am a friggin' lawyer

      You have blasphemed the name of our greatest lord and diety jesus christ!!! Now you shall be put to death for your heresy! snork. fnord.

  3. Question about the judge by some+guy+I+know · · Score: 2, Funny

    Has she recently acquired a new beach house?

    --
    Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
    1. Re:Question about the judge by Anonymous Coward · · Score: 4, Interesting

      I doubt it. But in about 3-7 years from now when she retires, she will almost certainly pick up a very lucrative job at MS. Look at ashcrofts daughter who works for MS. I suspect highly that Bushes friends will also have jobs at MS if wanted.I doubt highly the family will work there though. They can do much better TX or washington.

    2. Re:Question about the judge by Anonymous Coward · · Score: 0

      Come on, think bigger; this is Microsoft!

      She'd be a fool to settle for anything less than a new beach.

    3. Re:Question about the judge by Anonymous Coward · · Score: 2, Insightful

      Hey numbnutts - The possesive of Bush is Bush's not Bushes. I also would point out that this cases was going downhill long before Bush became President.

    4. Re:Question about the judge by Anonymous Coward · · Score: 0

      be careful about the numbnutts slinging ... your grammar is not very good either
      this cases to be specific.

    5. Re:Question about the judge by Anonymous Coward · · Score: 1, Interesting

      I also would point out that this cases was going downhill long before Bush became President.

      In what way? When Bush came into office, MS was in deep trouble. Jackson made a judgment error on his conduct and that was exploited to allow for the new DOJ to take advantage of the situation. Ashcroft was then able to do what he was paid to do; to negotiate this into nothingness. Other than Jackson's mistake, this was a truely closed case.

      BTW, look carefully at this settlement. There really is nothing that hurts MS in any way, shape, or form. It allows MS to keep doing what they have been doing as there is now precident for no legal or punative damages. MS can persue all the actions that they like, against any company that wish, and whenever they run into real problems, they simply buy their way out again.

  4. How do consumers benefit? No, really! by Enry · · Score: 5, Insightful

    Both Bill Gates and John Ashcroft talked about how the decision benefits consumers. But there's nothing really in the decision that changes the way MSFT does business. I can't call IBM and get a discount on a system without Windows installed, if I load XP onto a machine, MSFT can take it over and install software without my permission, and the APIs can be buried in MSDN, forcing OSS software developers to not only subscribe to MSDN, but also follow whatever licensing MSDN forces on users. For the most part, this is MSFT business as usual.

    Where, in this decision, do the consumers benefit? If you could put yourself in CKK's shoes, what would you say?

  5. Did Microsoft Win ? by frankie_guasch · · Score: 5, Interesting

    My first feeling after reading the slashdot report of the results was that Microsoft lost. APIs and information should have to be released.

    But I read amazed the press and the media in my country (spain) and all of them agree that Microsoft Wins.

    Who won ?

    1. Re:Did Microsoft Win ? by Alsee · · Score: 4, Insightful

      Who won?

      Microsoft lost the case ages ago, so it became a question of what the penalty would be. Microsoft and the DOJ worked together and came up with a settlement proposal. Microsoft has been working hard to get this settlement approved. The settlement has penalties against Microsoft, but it is pretty much what they want it to be considering they lost.

      When someone loses in court and they are happy with the penalty it is a relative "win" for them.

      The big issue is that many people feel that the DOJ went too easy on Microsoft in the settlement. It only remedies a few of their abuses, and it has loopholes in it making major portions worthless.

      For example the loopholes on releasing information - They are permitted to release it in an extremely limited, closed, and often useless manner. If there is any information they do not wish to release, all they have to do is link it in some way to security, DRM, or some other company's information and that exempts it from disclosure.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    2. Re:Did Microsoft Win ? by Rob+Kaper · · Score: 0, Offtopic

      Karma:Excellent (CmdrTaco got tired of seeing Slashdot math: 50+1-1=49)

      Unless you start posting crap on a regular basis, there is no difference between a karma rating of 49 or 50. Or even 48, 47, 46.. Therefore it doesn't matter Slashdot recalculates karma immediately instead of making a queue so you can keep the beloved 50.

      So, if anything, the changes are an improvement because your exact karma rating doesn't really matter most of the time. But some people see problems where there just aren't any.

    3. Re:Did Microsoft Win ? by DunbarTheInept · · Score: 2
      all they have to do is link it in some way to security All they have to do is claim it is linked in some way to security. They don't have to actually DO any linking of it to security. Since it's allegedly a security issue, they don't have to tell anyone the specifics, and therefore don't have to back up their claim that it's a security issue at all.

      "We can't tell you how to plug in your own filesystem driver into Windows. It's a security issue."
      "What?! How is that a security issue?"
      "You could replace the drivers for the existing filesystems and therefore ignore all security measures on the filesystems."
      "But for that I'd have to be able to replace the operating system's drivers in the first place which means that security was already broken through anyway."
      "There's other reasons too."
      "Okay, what are they?"
      "We can't tell you. It's a secret. Security and all, you know."

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    4. Re:Did Microsoft Win ? by Planesdragon · · Score: 1

      All they have to do is claim it is linked in some way to security. They don't have to actually DO any linking of it to security.

      Yes, they do. Any claim that they can't back up will (most likely) get tossed out by the compliance committee--or the judge, who has all the room she needs to hold MS to the letter and spirit of this agreement, considering she could have broken up MS if she wanted to.

  6. How do you feel about the appointed committe? by iamwoodyjones · · Score: 5, Interesting

    From an analysis from the register I'd like your opinion on the committe being appointed.

    Here's a snip from
    http://www.theregister.co.uk/content/4/27913.html

    And it's a good thing that Microsoft helps choose the people who will police it, explains the Judge:

    "...the committee will likely foster an environment of cooperative resolution, rather than one of persistent conflict and litigation. Otherwise, attempts at enforcement have a greater potential to take on the tenor of adversary proceedings, resolved in most instances with great difficulty and delay."

    1. Re:How do you feel about the appointed committe? by Anonymous Coward · · Score: 0

      Good thing she wasn't part of laying the foundations of your Republic, or inefficient and adversarial institutions like the judiciary wouldn't be around. The police could handle it all and there'd be no need for judges.

  7. On Palladium by forged · · Score: 5, Interesting

    With Microsoft pretty much doing what they want these days, do you have fear that their Palladium project could be a real threat to Linux and other free-software projects, if MS try to force it upon their installed base ? What will be the best way to fight Palladium ?

    1. Re:On Palladium by Anonymous Coward · · Score: 1, Insightful

      Don't buy it?

      No, really. Think about it. If you don't buy it..they won't sell it. If many people won't buy it, producing the boards and processors, "protected" memory (in the sense that it's protected from you, the evil owner), and all the control to Microsoft that goes with it, just don't buy the damn things.

      Pretty simple, isn't it? So simple it won't work, because people will still buy into the crap assuming that there will be some sort of a hack available for it in the near future. Which there might be, of course, but anyone who tries to come up with one will likely be sent to a mysterious military base in Cuba for "interrogation" (you know, the electric shock and broomstick kind?)

    2. Re:On Palladium by sbrown123 · · Score: 2

      The "dont buy it" idea will not work. Microsoft owns 99% of home PCs. If they make Palladium a required part of Windows ( like Internet Explorer ) PC vendors will be forced to comply. I really doubt Intel or even AMD are going to put up that much of a fight to stop this.

      Palladium is an open source killer. Thats its purpose. Its security for Microsoft.

    3. Re:On Palladium by EzInKy · · Score: 1

      Don't buy it?

      Easy enough to say, but from the looks of things Pallidium is going to be a requirement on the manufacturers. DRM and security are specifically mentioned exceptions in the ruling.

      --
      Time is what keeps everything from happening all at once.
    4. Re:On Palladium by LarsG · · Score: 2

      Don't buy it?

      That will only work if you are willing to become a 2nd class citizen on the Internet. No man is an island, especially with the network effect on the Internet.

      How much 'content' out there requires Windows Media Player today? In five years, I'd expect the situation to be is even worse - with WMP-Palladium required.

      --
      If J.K.R wrote Windows: Puteulanus fenestra mortalis!
    5. Re:On Palladium by TiMac · · Score: 1
      Actually, Intel and AMD certainly will not put up a fight to stop it...Intel was a founding member of TCPA and AMD is on board as well, and Palladium is only half of the equation--the software that will run on top of the Intel/AMD hardware.

      You'll note that the FAQ (#6) says that its actually a defensive move for Intel but I agree that MS is doing the same with Palladium.

      --

    6. Re:On Palladium by SlowMovingTarget · · Score: 1

      Don't buy it, convince your friends not to buy it, but more importantly, make sure that the corporate specified standard machine does not include Palladium.

      Consumer avoidance of DIVX (from bad word-of-mouth) killed it. Granted, consumers had competition to run to: DVD.

      In the computing arena, consumers don't really cause battles to be won or lost, businesses do. If you can convince your boss not to buy it for the fifteen people in her department, or convince the hardware folks to avoid buying it for those 5000 or so people who need faster hardware, you'll see the hardware makers respond by providing a non-Palladium flavored version. Bulk wins, and money talks, but word-of-mouth counts too.

    7. Re:On Palladium by DunbarTheInept · · Score: 3, Insightful
      The "don't buy the product that stifles your freedom" approach works beautifully in an informed free market. It doesn't work worth a damn in an UNinformed free market. Everyone who buys a car at least knows some basics, like the fact that the engine is the big heavy metal thing under the hood, and that the thing goes by causing gasoline to explode in little chambers and the explosions make little thingies move back and forth and that's where all the power comes from, and if you don't have enough oil the moving bits start to scrape and damage themselves, and the electrical stuff works off of a battery that gets charged by the engine's motion, so if your battery died you can recharge it if you can get your engine running again with the help of someone else's battery, and the reason the car turns when you spin the big wheel in front of you is that it cranks the front wheels to one side or the other through some type of mechanical linkage - and there's something hydrolic in there somewhere helping you push the wheel. And it stops when you hit the brakes because some rubber bits press onto some metal part of the wheel making it stop, or something like that.


      What I describe above is the kind of basic understanding that is lacking in the typical computer OS "customer". And it's this lack that has made Microsoft so strong, and forced the rest of us to have no choice but to deal with it because the ignorant majority use it.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    8. Re:On Palladium by Alex+Belits · · Score: 2

      "WMP" content is already supported by mplayer -- M$ (yes, "M$" is an appropriate spelling no matter what proponents of "civilized discussion" consider to be politically correct) would have to break the compatibility again.

      --
      Contrary to the popular belief, there indeed is no God.
    9. Re:On Palladium by LarsG · · Score: 2

      "WMP" content is already supported by mplayer

      All MS has to do is release a new codec for WMP, and mplayer is again out in the cold. For Windows, it is a simple autodownload the first time the new codec is encountered, no need to break compatibility. The situation is a bit more difficult for embedded devices without an easy software upgrade capability. Anyway, rest assured that MS *will* do this the moment they consider mplayer to be a genuine competitor.

      Besides, MS has still not played the patent card to stop interoperable implementations. Now that the DoJ is no longer breathing down their necks, MS will use that weapon whenever it applies.

      (yes, "M$" is an appropriate spelling no matter what proponents of "civilized discussion" consider to be politically correct)

      (As for the M$ spelling - it tends to make the people you are arguing with write you off as a juvenile gas-bag instead of listening to any valid arguments that you make.)

      --
      If J.K.R wrote Windows: Puteulanus fenestra mortalis!
    10. Re:On Palladium by kcbrown · · Score: 2
      Don't buy it?

      No, really. Think about it. If you don't buy it..they won't sell it.

      For this to work, there has to be something else that the customer can buy.

      But if all the manufacturers agree to build only Palladium-capable equipment (anyone who refuses will suddenly no longer be able to host Windows, since it'll require a Palladium-capable system to run it), customers won't have any other choice.

      What'll probably happen is that manufacturers will continue to supply non-Palladium-enabled hardware, but will sell it as a premium, since obviously only someone who is running a "server class" OS like Linux will be interested in such hardware ... right? Expect Linux-capable hardware to cost 3-5 times as much as Windows-capable hardware. Now what do you think that will do to the Linux market, hmm?

      And they'll be able to get away with doing that, too. That's what happens when the OS that requires Palladium has 90+% of the market.

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    11. Re:On Palladium by Alex+Belits · · Score: 2

      All MS has to do is release a new codec for WMP, and mplayer is again out in the cold. For Windows, it is a simple autodownload the first time the new codec is encountered, no need to break compatibility. The situation is a bit more difficult for embedded devices without an easy software upgrade capability. Anyway, rest assured that MS *will* do this the moment they consider mplayer to be a genuine competitor.

      But here is the problem -- WMP codecs already work under emulation, they will have to break their infrastructure again.

      Besides, MS has still not played the patent card to stop interoperable implementations. Now that the DoJ is no longer breathing down their necks, MS will use that weapon whenever it applies.

      Why not just break patents and have an organization that will do nothing but stall them in the courts until they will become irrelevant? This strategy seems to be working fine for Microsoft.

      (As for the M$ spelling - it tends to make the people you are arguing with write you off as a juvenile gas-bag instead of listening to any valid arguments that you make.)

      So? Why would I care about their opinions? For me any society where Microsoft-like stunts can be pulled, is uncivilized.

      --
      Contrary to the popular belief, there indeed is no God.
    12. Re:On Palladium by Anonymous Coward · · Score: 0

      >> Don't buy it?

      > That will only work if you are willing to become a 2nd class citizen on the Internet.

      Actually it is the USA that will become a '2nd class citizen'. While legislation and anti-trust behaviour may make Palladium 'compulsory' in the US, that won't happen in the rest of the world (which is, after all, 96%).
      If Intel and MS become 'Palladium only' then the rest of the world will buy something else, or make it themselves.

    13. Re:On Palladium by LarsG · · Score: 2

      But here is the problem -- WMP codecs already work under emulation, they will have to break their infrastructure again.

      True. It is also true that many Linux distribution vendors are afraid of including MS copyrighted DLLs and codecs because they are afraid of a patent or copyright infringement lawsuit.

      Case in point - How many of the Mandrakes and RedHats out there include DeCSS or DVD players that include DeCSS-derived codebases?

      You and I will download and install the latest mplayer or vlc, but we're only a tiny percentage of the market.

      Why not just break patents and have an organization that will do nothing but stall them in the courts until they will become irrelevant?

      The final answer is to try to push for non-patented codecs like Ogg Vorbis. However, MS, Real and other companies are using considerable economic muscle to make "content creators" use their formats only.

      The saving grace of Open Source/Free Software so far, is that it isn't a single company or entity that MS can attack with their regular set of weapons.

      So? Why would I care about their opinions? For me any society where Microsoft-like stunts can be pulled, is uncivilized.

      You should care if you want to win people over to your side. I'm not saying that MS is good and nice - MS is in many situations behaving like a predator in a group of herbivores.

      The extention of "any society where Microsoft-like stunts can be pulled, is uncivilized" is that MS is not really the problem - MS is merely (ab)using the current realities of the software market. The correct answer is to identify the mechanisms that makes it possible for the likes of MS to seize power and try to change those mechanisms. Identify and attack the cause, not the symptom.

      The issue isn't that "M$ is bad". The issue is that a collection of the network effect, patent and copyright law applied to software, EULAs (and perhaps other effects) makes it possible for MS to behave in a manner that is hurting society.

      Saying "M$ is bad" makes it easy for other people to ignore you. Saying "The network effect makes it possible for a major player in the market to control media delivery formats. Is that the way it should be?" might force other people to start thinking.

      --
      If J.K.R wrote Windows: Puteulanus fenestra mortalis!
    14. Re:On Palladium by LarsG · · Score: 2

      Actually it is the USA that will become a '2nd class citizen'.

      Anyone who doesn't want TCPA or Palladium but wants to read or listen to or watch 'Palladium-protected' or 'TCPA-protected' media will either have to figure out a way to hack the tamper-proof hardware (and thereby becoming a criminal in the US, EU, Australia and any country that doesn't want to be a target for economic sanctions by the WTO) or manage without.

      Unless some sanity enters the minds of the *AA and their ilk, connecting to the net without TCPA/Pa enabled will in a few years time be the same as surfing the web with a text-only browser.

      If Intel and MS become 'Palladium only' then the rest of the world will buy something else, or make it themselves.

      I'm hoping that the Linux-only market is large enough by then. Then again, how many netbanks support Mozilla or Opera and are the netbanks that are IE only seeing any noticable effect on their bottom line for not supporting Linux users?

      --
      If J.K.R wrote Windows: Puteulanus fenestra mortalis!
    15. Re:On Palladium by Alex+Belits · · Score: 2

      The issue isn't that "M$ is bad". The issue is that a collection of the network effect, patent and copyright law applied to software, EULAs (and perhaps other effects) makes it possible for MS to behave in a manner that is hurting society.

      Saying "M$ is bad" makes it easy for other people to ignore you. Saying "The network effect makes it possible for a major player in the market to control media delivery formats. Is that the way it should be?" might force other people to start thinking.

      The issue is, people of whom this "network effect" is composed, are not civilized enough to stop it. I am not going to "win them over", because they _are_ the problem -- telling it to them is usually pointless, so instead of accusing them I merely demonstrate them my disrespect. If enough people will do that maybe they will figure out that something is wrong with what they are doing -- after all it worked pretty well with contamination of environment, may work with noosphere contaminants such as Microsoft.

      --
      Contrary to the popular belief, there indeed is no God.
    16. Re:On Palladium by DancingSword · · Score: 1

      Replace "uninformed free market" with "uninformed led market", eh?

      "Free" requires perception/awareness/self-determination, ergo uninformed means non-free.

      I don't buy that anyone can make any system/market/society free, but making it not non-free, oughta be easier ( crash and jam the special-interest-groups, corporate or otherwise, established-or-otherwise, from owning world: rig the rules for independence of meaning and worth and include, rather than push, as legal-principles ). Freedom still requires vital energy of the beings who're being free.

      --
      Messages to/for me ( in me journal )
  8. Copyright != Antitrust by HaeMaker · · Score: 5, Interesting

    I have heard in various other cases that if a copyright holder uses his copyright to commit antitrust, they lose the ability to defend their copyright.

    Clearly, Microsoft has been found guilty of using its copyright on Windows 95 to kill Netscape.

    Is is possible for a pirate to successfully defend himself by claiming Microsoft has lost its copyright? (I assume this applies to only that software specifically mentioned in the case. Not all software produced by Microsoft)

    1. Re:Copyright != Antitrust by HaeMaker · · Score: 2

      Read this:

      http://news.com.com/2100-1023-243394.html?legacy =c net

    2. Re:Copyright != Antitrust by SN74S181 · · Score: 1

      Now, if Microsoft were pooling their copyrights with a consortium of other companies to form a trust, what you said, and that news article from two years ago might have more merit.

      *ding*

      Insert quarter to play agian.

  9. How much could wriggle room hurt open source? by steveadept · · Score: 5, Interesting

    The decree permits Microsoft to avoid publishing APIs for security reasons, and permits them to release API docs on a 'reasonable and non-discriminatory' basis. How much do think Microsoft will be able to get away with concealing authentication components of protocols on the security exemption, and how much will they be able to use the RAND provision to ensure that open sourcers never see the APIs to things (e.g. filesharing, Active Directory) they need to interoperate with?

    Steve

    1. Re:How much could wriggle room hurt open source? by MrEd · · Score: 4, Interesting
      The decree permits Microsoft to avoid publishing APIs for security reasons


      And another question (brought up by a member of my LUG): Doesn't anyone think this is a bit of a two-edged sword? Anytime MSFT hides behind the 'security' clause they are basically admitting that they are depending on security though obscurity!


      While I agree that this is more of a tool for MSFT to block interoperability I think it leaves a lot of room for Sun, Linux pushers, etc. to point and say, "Here, look, we can show you how the security works on our product yet it's still solid".


      Will this matter, do you think?

      --

      Wah!

    2. Re:How much could wriggle room hurt open source? by _Swank · · Score: 1

      i doubt it will matter at all. the average user doesn't see any problem with security through obscurity. in fact, they rely on it specifically as most have easily crackable passwords. more to the point, "normal people" don't care if an operating is secure -- they care if it's secure enough. and unfortunately, you can get that with security through obscurity.

    3. Re:How much could wriggle room hurt open source? by 4of12 · · Score: 3, Interesting

      "Here, look, we can show you how the security works on our product yet it's still solid".

      This is a really important point.

      As needs for security, authentication and privacy grow in the future, there will be different means of accomplishing that goal.

      If the cornerstone of MS technology is to require centralized authentication with them, or to make it practically-speaking difficult for anyone to offer competing Certifying Authorities in the .NET world, then many Enterprises are going to ask tough questions of it, like:

      "Why should you be involved in my security?"
      and
      "Remind me again, exactly what value added am I getting for my money?"

      A genuinely distributed security model that does not gratuitously tie any commercial entitity into a position of indispensibility is what's needed. If MS doesn't provide that, then someone else will.

      This is an extra feature of secure computing that is not obvious.

      I think Microsoft has come to recoginize that the crypto experts are right: code review of algorithms is essential for gaining the greatest credence that your system is secure, despite the risk that you might temporarily look bad.

      But even more is required than a secure system.

      A system is need where anyone who so desires can freely build their own web of trust independent of all other authorities.

      --
      "Provided by the management for your protection."
    4. Re:How much could wriggle room hurt open source? by Anonymous Coward · · Score: 0
      And another question (brought up by a member of my LUG): Doesn't anyone think this is a bit of a two-edged sword? Anytime MSFT hides behind the 'security' clause they are basically admitting that they are depending on security though obscurity!

      Not really. The only people who would think any less of Microsoft for doing that are those who

      • know that "security by obscurity" means "no security" (this is an arcane secret, known only to computer and cryptography professionals)
      • do not know that the "security" claims are an outright lie, told only to invoke a loophole
      I submit that such people are so rare that Microsoft can safely ignore their opinions.
  10. Re:OT: Why Slashdot is so slow today by the_other_one · · Score: 2, Funny

    There is that. Then also The Register has a link to the /. early release of the MS Verdict

    The world is getting even.

    /. is getting Drudged and Registered.

    --
    134340: I am not a number. I am a free planet!
  11. A Mr. Rosen? by Anonymous Coward · · Score: 0

    Please tell me he's not related to a certain Ms. Rosen... (yes, I know she's lesbian, but they could still be related...)

  12. How to respond to this decision by Anonymous Coward · · Score: 2, Insightful

    The decision by the Justice Department to stop pursuing the antitrust case against Microsoft is a direct result of the outcome of the 2000 election.

    If you don't like it, remember: tomorrow is Election Day.

    GET OUT AND VOTE!

    1. Re:How to respond to this decision by Anonymous Coward · · Score: 0

      If you think voting for Democrats versus Republicans is going to solve the Microsoft problem you are truly mistaken. Open Source issues cut across party lines.

      If, on the other hand, you are suggesting to intelligently research where your representatives are on these issues, then I can't agree with you more.

    2. Re:How to respond to this decision by BayAreaRefugee · · Score: 1

      I wonder if Scott McNealy will finally realize where his bread's *not* being buttered and publicly announce his support for and vote for Democrats instead of Republicans in this election. Might be cool to at least challenge him to do so.

    3. Re:How to respond to this decision by Malcontent · · Score: 1

      " If you think voting for Democrats versus Republicans is going to solve the Microsoft problem you are truly mistaken"

      It may not solve the problem but it does send a strong message. If enough people vote democrat then this administration might get scared and change their attitude and policies.

      Ascroft has got to go he totally caved in to MS.

      --

      War is necrophilia.

    4. Re:How to respond to this decision by JWW · · Score: 3, Insightful

      Yeah be sure Fritz's party is in power. Then we can have DRM mandated. And who owns the patent on DRM operating systems? Microsoft.

      This is the thing that terrifies me most about the current political climate. I believe the CPTBDA (or whatever the hell its called now) is the only way Linux (well Open Source at least) will lose out to Windows in the end.

      In this case the political decisions AREN'T
      BINARY.

      If the Bush administration failed in this area the Dem's would not necessarily succeed. In fact they could do something completely different, but just as bad as, or even worse than this.

    5. Re:How to respond to this decision by sakeneko · · Score: 2, Interesting
      " If you think voting for Democrats versus Republicans is going to solve the Microsoft problem you are truly mistaken"
      It may not solve the problem but it does send a strong message. If enough people vote democrat then this administration might get scared and change their attitude and policies.

      I'm not sure it does.... During the last election, voters in Washington state tossed out an incumbent Republican senator, Slade Gorton, who was informally known of as the "Senator from Microsoft". In his place, they elected a Democratic senator, Maria Cantwell, who is rapidly becoming known of as the "Senator from Microsoft". <wry grin> (And also known of as the Real Networks VP largely responsible for Real's record as an unrepentant spammer and abusive marketer.) :/

      IMHO any assumption that a vote for the Democrats is going to help the situation with Microsoft is unsupported by the evidence. Look at the records and views of the individual candidates, and vote for the individual candidates whose track record and express views are most favorable to preserving a truly free market.

      (And, no, this isn't a sneaky post urging you to vote Libertarian instead.) ;>

    6. Re:How to respond to this decision by BayAreaRefugee · · Score: 1

      Yes, it isn't a binary thing... I think though were McNealy to say he was switching votes from where he usually votes for (Republican) to another candidate (maybe not even the Democratic Party in some instances), to send a message that this issue is that important for many folks out there, it might send a message to other candidates out there of what the voters won't put up with. We've seen other examples of "equal opportunity corruption" like when the California State Legislature suspiciously and unanimously voted in Governor Pete Wilson's bill to deregulate California's energy which turned into a nightmare a year ago with rolling blackouts, etc. Both parties were guilty of corruption then.

      Perhaps a better way of stating it is that this election one should pay close attention to the candidate's positions on campaign finance reform and also to what campaign contributions influenced different politicians voting patterns (especially where Microsoft is concerned) and actively vote against it.

      I fully believe that the timing of this judgement verdict was planned in advance so that it was right before the election to allow some candidates to champion that they "cleared the decks for economic recovery by cleaning the slate for Microsoft" in last minute stump speeches without fully having to answer to more developed responses that haven't had time to be formed yet from those who fully understand how bad a decision this verdict was.

      That to me is why this issue is fully about campaign finance reform. If candidates are standing in its way, vote 'em out tomorrow!

      I wish all of the judgeships I had to vote on tomorrow would have to state a position they had on this ruling. That would be a binary criteria for me to vote "yes/no" on!

    7. Re:How to respond to this decision by sakeneko · · Score: 2
      Perhaps a better way of stating it is that this election one should pay close attention to the candidate's positions on campaign finance reform and also to what campaign contributions influenced different politicians voting patterns (especially where Microsoft is concerned) and actively vote against it.

      That might be a worthwhile strategy. At least, it wouldn't lead a voter to make the mistake of assuming that a candidate's party affiliation will tell you much about how they will vote on this type of issue.

      I fully believe that the timing of this judgement verdict was planned in advance so that it was right before the election to allow some candidates to champion that they "cleared the decks for economic recovery by cleaning the slate for Microsoft" in last minute stump speeches without fully having to answer to more developed responses that haven't had time to be formed yet from those who fully understand how bad a decision this verdict was.

      I don't buy this. That isn't how the judicial system or courts work; they're aggressively independent and judges rarely make judgements based on the considerations you or I would think important.

      It wouldn't surprise me if this is how a number of politicians respond to things, though. <sigh>

  13. Aargh by Spruce+Moose · · Score: 0, Redundant

    Another ironic slashdot ad for visual studio.net )-:

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

      More wasted MS money. I do not mind them, as I dont think /.ers will be affected by them.

  14. How do you feel about by Aexia · · Score: 0, Offtopic

    your sister Hilary siding with the RIAA? Are you disappointed she's chosen to use her powers for evil and not good?

  15. Re:For starters, a high-level question... by Anonymous Coward · · Score: 3, Insightful

    Open Source Software will continue on in the same way that it has always done. The thing that people may seem to lose track of is that OSS is a nirvana that Microsoft will never be able to "get". They have demonstrated this time and time again. Let them continue to buy politicians, courts, companies, etc. while they lose support one by one day by day from the very people people that comprise the very core of those components being bought out...

    Besides, what better way to beat the monopoly than on the very playing field they have tried to keep us from getting near just to watch much less play. Let them waste more time and money in the courtroom and political arena. That's not where OSS shines anyway.

    Chris

  16. Anti-trust Precedent for the Software Industry? by Bistronaut · · Score: 4, Interesting

    I'm all angry about the agreement giving free reign to MS, but I'm also worried about its (posssible) effects on other software monopolists. Does this case set a precedent that says: "software companies don't need to pay attention to anti-trust laws"?

    1. Re:Anti-trust Precedent for the Software Industry? by Anonymous Coward · · Score: 0

      ...software companies don't need to pay attention to anti-trust laws"?

      Or maybe it just means that anyone with enough political and economical power doesn't.

      Clearly a philosophical point that goes back to Karl Marx:

      "Money... transforms fidelity into infidelity, love into hate, hate into love, virtue into vice, vice into virtue, servant into master, master into servant, idiocy into intelligence and intelligence into idiocy."

      So basically, MS has turned the US Government from Master into Slave... It is really a shame that the "government for and by the people" no longer holds true. Now a days it is more like: "government for and by the people with money".

  17. Valid Business Model by Mr.+Smoove · · Score: 5, Interesting

    In the settlement it talks about MS having to disclose information only to companies with a sound business model that meats critera set out by MS. Where does OSS fall? Can MS say OSS is not up to its standards and therefore not release the code?

    Additionally what effect will MS's right to charge have on OSS? Can MS only charge for developers to see the code or are they entitled to charge royalties for the implementation of the code? (Can you legally reverse engineer a software having seen the code?)

    --
    Mr. Smoove
    1. Re:Valid Business Model by sconeu · · Score: 2

      In the settlement it talks about MS having to disclose information only to companies with a sound business model that meats critera set out by MS. Where does OSS fall?

      Ah, yes. The infamous section III.J.2. Well, in the past, Microsoft has made its opinion of Open Source quite clear.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    2. Re:Valid Business Model by Rebel+Patriot · · Score: 2
      In the settlement it talks about MS having to disclose information only to companies with a sound business model that meats critera set out by MS. Where does OSS fall? Can MS say OSS is not up to its standards and therefore not release the code?

      More importantly, what is a sound business model, and who gets to decide what a sound business model is? It's one thing to say RedHat or Caldera don't have sound business models because they are loosing money, but what about the Linux distribution that's always in the black? How can MS say Slackware has a bad business model, when it's been a successful business for 10 years?

      Additionally what effect will MS's right to charge have on OSS? Can MS only charge for developers to see the code or are they entitled to charge royalties for the implementation of the code? (Can you legally reverse engineer a software having seen the code?)

      And what are they allowed to charge? Can Microsoft arbitrarily set it's own price, or is that somehow limited? If RedHat, SuSE, et al are unable to meet the requirements as a successful business, what's to stop Microsoft from high balling Slackware or other small companies that might be successful businesses? And what of community businesses like Debian? Debian is developed independently completely by volunteers with no real company behind it. What's to stop the OSS community from taking up a collection for Debian to buy the right to view these APIs? Also, if the community were to buy the APIs in such a way, would it then be public domain (doubtful)?

      --
      Slackware forever. Honestly, what else would you trust when it absolutely positively has to be stable, secure, and easy
    3. Re:Valid Business Model by sconeu · · Score: 3, Informative

      More importantly, what is a sound business model, and who gets to decide what a sound business model is?

      As the OP pointed out, section III.J.2 says that a sound business model is whatever Microsoft decides it is.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    4. Re:Valid Business Model by kcbrown · · Score: 2
      In the settlement it talks about MS having to disclose information only to companies with a sound business model that meats critera set out by MS. Where does OSS fall? Can MS say OSS is not up to its standards and therefore not release the code?

      Hell, Microsoft can rightly say that any business model involves competing with Microsoft is automatically unsound because Microsoft is a monopoly, and you can't compete with a monopoly!

      Think about it: these days Microsoft can get away with acknowledging that it really is a monopoly ("We're a monopoly. So? What are you gonna do about it, huh?") and start acting like one. Nothing will happen to them if they do this. The U.S. government, the only entity that could do anything, has proven that it has neither the balls nor the skills to take Microsoft down.

      Guys, I hate to say it, but Microsoft is free. They've won completely. There's nobody left in the U.S. who can stand in their way. Because of this, Linux in the U.S. will probably be dead within the decade.

      I'll continue to use Linux as long as I can, but I fully expect Palladium and TCPA (or its descendants) to make it horribly expensive, and ultimately impossible, to do so in the future.

      This really sucks. The two things I love the most, free computing and personal aviation, will probably disappear in the next 20 years (see this for why I believe personal aviation will disappear).

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    5. Re:Valid Business Model by sp1nl0ck · · Score: 1

      MS themselves have reverse engineered software without (AFAIK) ever seeing the code - ever heard of NWLink? It's Microsoft's "clean room" implementation of IPX/SPX.

      In tandem with that, MS wrote a Novell client - to allow MS boxes to authenticate on Novell networks - and a Novell gateway, which effectively allowed an NT box to appear as a Novell server to Novell clients.

      Of course, that's all in the past, and what was legal then (how did they reverse engineer the security in Novell, for example?) might be illegal now...

      --
      War is God's way of teaching Americans geography
  18. Anti-MS swing in media more damaging? by BlameFate · · Score: 3, Interesting
    They say no publicity is bad publicity, but in this case could the amount of times that "Linux" has been mentioned in articles where this case is discussed be actually doing significant damage to Microsoft's mindshare?

    Take a look at this article at the BBC as an example of the pro-linux swing being evidenced in the non-geek media.

    Will this ultimately do more damage to Microsoft than anything the US DOJ could do?

    --

    --is not to be confused with user #672982 - Bame Flait

    1. Re:Anti-MS swing in media more damaging? by sheldon · · Score: 3, Insightful

      Or the contrary question. Is the mention of Linux actually helping Microsoft?

      I mean, why exactly do you consider it damage? Isn't the supposed goal of this anti-trust lawsuit to bring about competition? If that competition does exist, then has not the goal been met?

      If the goal has been met, then is there any further reason to proceed against Microsoft in a court of law? This is not damaging to Microsoft, it's actually beneficial. At least in terms of lawsuits, even if they may be losing potential marketshare/revenue.

      Personally I'm of the belief that the computer world is so large that even a niche player has a substantial revenue potential. This idea that any one company needs to own it all is outdated, just like the auto industry and others. (Although you still see Honda versus Chevy arguments on the internet)

    2. Re:Anti-MS swing in media more damaging? by BlameFate · · Score: 1
      Yep, good points, I accept that the coverage linux is getting out of this proves, to a certain extent, that competition in the OS market still exists.

      I was considering it damage in the sense that when I read the BBC article I was surprised at the tone of it, in that it's not the usual Microsoft PR puff peice I had gotten used to seeing. I had wondered if the same pointing to linux as competition is actually having an impact and making people go out and try it, with the knock on effect that we see articles of this tone on the BBC of all places!

      I guess I am thinking aloud, and wondering if this case is helping a whole new bunch of people get a better clue, well here's hoping anyway :)

      --

      --is not to be confused with user #672982 - Bame Flait

    3. Re:Anti-MS swing in media more damaging? by Rebel+Patriot · · Score: 2
      I mean, why exactly do you consider it damage? Isn't the supposed goal of this anti-trust lawsuit to bring about competition? If that competition does exist, then has not the goal been met?

      The Anaheim Angels could play the Macon Braves (single A minor league baseball team) and it wouldn't be considered competition. That another alternative exists does not inherently qualify it as a competitor. If this recent paltry mention of Linux means Microsoft now has competition, why didn't Apple qualify as competition long ago?

      --
      Slackware forever. Honestly, what else would you trust when it absolutely positively has to be stable, secure, and easy
    4. Re:Anti-MS swing in media more damaging? by DunbarTheInept · · Score: 2
      Although you still see Honda versus Chevy arguments on the internet
      The difference is that if all your friends and neighbors use a different kind of car than you, that doesn't prevent you from using your "weird" car to drive to their houses, use the same gas station that they do, or move cargo from their cars to yours and visa versa.
      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  19. Can Microsoft Pull a "Fast One"? by viperjsw · · Score: 5, Interesting

    What is being put into place to insure that Microsoft actually hands over real code? I mean really. We've got legal consul that doesn't know jack about code trying to, possibly, enforce somehting that they know nothing to little about. Microsoft could hand over out of date code, partial code, bugged code, and any number of other variables on the "truth" and legal guys would be none the wiser.

    --
    - - - - Irony? Yes, it's life everyday. May the Quanta laugh.
    1. Re:Can Microsoft Pull a "Fast One"? by gosand · · Score: 2, Flamebait
      Microsoft could hand over out of date code, partial code, bugged code, and any number of other variables on the "truth" and legal guys would be none the wiser.

      Please clarify the difference between real code and bugged code. :-)

      And don't whine about MS-bashing - try and tell me they don't deserve it.

      --

      My beliefs do not require that you agree with them.

    2. Re:Can Microsoft Pull a "Fast One"? by Reality+Master+101 · · Score: 2

      What is being put into place to insure that Microsoft actually hands over real code?

      Sheesh, I'm sorry, but this is really a lame question. Have you ever heard of "contempt of court"? People can go to jail for that. Do you really think that people (yes, they are people like you and me, not satanic demons) are going to risk going to jail just so they can have some undocumented APIs?

      A lot of people really, really, really need to get a grip when it comes to Microsoft.

      --
      Sometimes it's best to just let stupid people be stupid.
    3. Re:Can Microsoft Pull a "Fast One"? by Anonymous Coward · · Score: 0

      "A Fast One"?

      You mean like giving Samba full access to Active Directory, but forgetting to tell them to turn on the "Fast" and "Reliable" communication bits?

    4. Re:Can Microsoft Pull a "Fast One"? by Textbook+Error · · Score: 0

      People can also go to jail for committing perjury - and yet MS execs were quite happy to submit known-to-be-faked video as part of their depositions...

      The simple reality is that MS have been found guilty, yet escaped any real punishment or restraints on their behaviour. As far as MS is concerned, they're now untouchable.

      --

      Nae bother
    5. Re:Can Microsoft Pull a "Fast One"? by Anonymous Coward · · Score: 0

      Since when can a corporation be put in jail for anything?

      I don't even remember anyone going to jail for killing several people due to some bad tires, and that's far more serious.

    6. Re:Can Microsoft Pull a "Fast One"? by gnovos · · Score: 2

      Please clarify the difference between real code and bugged code. :-)

      Th real code is the one with the BSD license that was written two years ago by some college student for a semester project.

      --
      "Your superior intellect is no match for our puny weapons!"
    7. Re:Can Microsoft Pull a "Fast One"? by Rebel+Patriot · · Score: 2
      Please clarify the difference between real code and bugged code.

      2.4.18 and 2.5.18

      --
      Slackware forever. Honestly, what else would you trust when it absolutely positively has to be stable, secure, and easy
    8. Re:Can Microsoft Pull a "Fast One"? by parliboy · · Score: 2

      Except that they were busted for faking technology demonstrations during trial. If they're willing to do that under oath and under penalty of perjury, why do you think they're above distributing "mistated" code?

      --
      "You're never ready, just less unprepared."
  20. Back on topic, kinda ... by Daniel+Dvorkin · · Score: 5, Interesting

    The Register's coverage brought up an interesting question that I wouldn't mind seeing answered: can people who made stock deals based on the leaked decision, before it was officially posted (which of course was supposed to be after the close of markets) be prosecuted for insider trading? My gut tells me they can't, because it was the Court's screwup that leaked the decision, but the SEC might not agree ...

    --
    The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  21. Ok a question... by jd · · Score: 5, Interesting
    The biggest question I have, with regards Open Source, is how will this affect the ability to emulate Windows services and APIs?


    The reason for this is that we already know that Microsoft has been violating the agreement, virtually from the moment they agreed to it. This does not give me confidence in any monitoring team's ability to enforce it.


    My second question (ha! snuck this one in!) is: How does this affect the ability for Open Source groups to re-implement Microsoft APIs for Windows?


    Again, we already know that Microsoft has added hidden checks to verify a given DLL is authentic Microsoft, rather than a 3rd-party clone. However, with no legal requirement to modularize (and therefore legal permission to mangle things up too much to re-implement), it would be very difficult to prove in court that a given technical issue was a product of a coding error or an agreement violation.


    Ok, one more question. What's to stop Microsoft from releasing a Windows+, which is "not Windows" in the same way Windows98 wasn't Windows95, thus voiding the entire agreement?


    Frankly, I don't think this bodes at all well for ANY competitor to Microsoft. Too many loopholes, and too much squelching power. It's about the same as playing "Lemmings" with a high-power plasma cannon. There cannot be any realistic opposition.


    (Last, but not least, if the legal expert -does- start their reply with "IANAL", I'd have a hard time being surprised. We live in "interesting times", and reality is taking a long lunch-break.)

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  22. Question: by cybercuzco · · Score: 4, Funny

    Have you ever posted on slashdot, and if so, have you ever used the acronym IAAL instead of IANAL?

    --

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

      I have not - and scuse my bonehead reply, but I have not a clue on what either of these acronyms are. Perhaps you, or someone else should enlighten me.

    2. Re:Question: by Anonymous Coward · · Score: 0
      IANAL = I Am Not A Lawyer

      IAAL = I Am A Lawyer

    3. Re:Question: by Anonymous Coward · · Score: 0

      I An Not A Lawyer

    4. Re:Question: by Anonymous Coward · · Score: 0

      yes

  23. Defence of open source projects by Spruce+Moose · · Score: 4, Interesting

    Now that Microsoft has effectively gotten away with maintaining and extending it's monopoly, how do you think open source projects that are competitive to Microsoft (Samba, WINE, Crossover plugin, OpenOffice etc) are going to survive any legal assults? It would seem easier to kill off an open source project as they are typically not (officially) associated with a company, nor have any serious resources other than perhaps the goodwill of the user community.

    As a friend said, there's nothing like getting away with murder to encourage you to start killing more people.

    1. Re:Defence of open source projects by SnAzBaZ · · Score: 3, Insightful

      It would seem easier to kill off an open source project as they are typically not (officially) associated with a company, nor have any serious resources other than perhaps the goodwill of the user community.

      No, this makes open source projects harder to kill off, not easier. If there is no associated company or owner, who do you take legal action against? And there will always be people willing to continue the project if the main developers are "disuaded" from working on it.

    2. Re:Defence of open source projects by Anonymous Coward · · Score: 0

      The hell with Microsoft. The XP licensing scheme
      that they have will help do them in.

      Long Live Open Source!

    3. Re:Defence of open source projects by fishbowl · · Score: 1

      The reason it's easy to "kill off" open source projects is that the author or devteam has an egotistical stake. [I don't mean to suggest this is a bad thing!] If there is an individual associated with a product, then, all you have to do to stop development of that product is attack that individual. A product that develops magically from an anonymous hivemind, and is mysteriously distributed, can hardly be threatened.

      Consider the game Nethack (whether you like the game or not, is irrelevant): The developers are totally anonymous, the release dates are *always* a complete surprise, but the project happens. You could not stop something like this, no matter what resources you had. I suspect that all it would have taken to stop the linux movement would be to have offered Linus a good salary in 1991. (So much for foresight on MS's and Sun's part :-)

      --
      -fb Everything not expressly forbidden is now mandatory.
    4. Re:Defence of open source projects by Spruce+Moose · · Score: 1
      No, this makes open source projects harder to kill off, not easier. If there is no associated company or owner, who do you take legal action against? And there will always be people willing to continue the project if the main developers are "disuaded" from working on it.

      It makes the project itself harder to kill (which overall is a good thing) but what about all the businesses using and making products based on it?

      Imagine if WINE or Samba were illegal in the US.

  24. APIs by mrkurt · · Score: 5, Interesting

    Just how much of their remaining undisclosed APIs does Microsoft have to make public? I found the judge's references to this issue quite confusing; in one place she said that MS would have to reveal all of its "communications" protocols; in another she ruled that MS wouldn't have to reveal anything that pertained to such topics as "encryption" or "digital rights management". Isn't it possible for MS to claim that existing or future new APIs for Windows would fall into the latter category, and thus allow them to keep much of it in the dark?
    My followup question is: what mechanism did the judge set up for determining whether an API should be public or not?

    --
    Always look on the briight side of life! (whistle, whistle)
    1. Re:APIs by EzInKy · · Score: 1

      Do a google for Microsoft security flaws and perhaps you'll have your answer? I can see the disclaimers now: "This patch fixes a vulnerability found in the Outlook API, and as such is considered secure code as per the DOJ/MS settlement."

      --
      Time is what keeps everything from happening all at once.
    2. Re:APIs by Anonymous Coward · · Score: 0

      MS wouldn't have to reveal anything that pertained to such topics as "encryption"

      What? Probably the single most important candidate for open inspection, by acknowledgement of the entire security industry, and the judge says they can keep this part locked away?

      Perhaps they don't want anyone finding out about that NSA_KEY ;)

    3. Re:APIs by mrkurt · · Score: 1

      You know, they could roll that in under a stinking EULA on a patch/Service Pack, too. It just plain sux.

      --
      Always look on the briight side of life! (whistle, whistle)
  25. Slap on the wrist by Anonymous Coward · · Score: 0

    I've followed this whole case, from way back in the day... all it has done is cost tax dollars, MSFT is so big, they really can do what ever they want, what other corperation needs a commitee over seeing? and whats to stop MSFT from doing thier normal tricks, and buying out the commitee?
    Just my $ 0.02
    KRS

    1. Re:Slap on the wrist by Anonymous Coward · · Score: 0

      I've followed this whole case, from way back in the day
      Unfortunately, it appears that the judge did not.

  26. sector-specific regulation needed? by Anonymous Coward · · Score: 4, Interesting

    Other industries that expose network effects are specially regulated (e.g. telecommunications). Do the results of the MS case show that we also need sector-spefic regulations for the software industry? Is general competition incapable of dealing with these kinds of problems?

  27. Re:Reprisal by Gareman · · Score: 2, Funny

    Our chief weapon is surprise...surprise and fear...fear and surprise.... Our two weapons are fear and surprise...and ruthless efficiency.... Our *three* weapons are fear, surprise, and ruthless efficiency...and an almost fanatical devotion to Linux.... Our *four*...no... *Amongst* our weapons.... Amongst our weaponry...are such elements as fear, surprise....

  28. Can we get what we wanted by haplo21112 · · Score: 5, Interesting

    So the bigest things that I think many of us were looking for is for MS to be in a way forced to reveal and make available cratian information needed for inter-operability. Was this achived or are we still locked out? For instance can the samba team get the information they need form MS to build a better CIFS implimentation?

    --
    Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt.
  29. Re:OT: Why Slashdot is so slow today by Anonymous Coward · · Score: 0

    Also (IIRC) ZDNETted, Reutered, and probably (given last Friday's little newsbreaker) SEC'd and FBI'd. But most likely of all, it's probably getting WallStreeted for hot tips.

  30. Sua Sponte? by fava · · Score: 5, Interesting
    What about the sua sponte provision.
    Jurisdiction is retained by this Court over this action such that the Court may act sua sponte to issue further orders or directions, including but not limited to orders or directions relating to the construction or carrying out of this Final Judgment, the enforcement of compliance therewith, the modification thereof, and the punishment of any violation thereof. Jurisdiction is retained by this Court over this action and the parties thereto for the purpose of enabling the parties to this action to apply to this Court at any time for further orders and directions as may be necessary or appropriate to carry out or construe this Final Judgment, to modify or terminate any of its provisions, to enforce compliance, and to punish violations of its provisions.

    It sounds a very open ended authority that grants the judge broad powers over all aspects of the settlement. Can the judge use this provision to broaden the scope of the agreement or to force Microsoft to use a particular intrepretation of some clause, for example the security exemption or the viability clause.

    Or am I just a geek grasping for straws.
    1. Re:Sua Sponte? by Anonymous Coward · · Score: 0

      That's pretty common - otherwise you have the problem of finding a judge to hear complaints about how the judgment is being followed, and bringing yet another jurist up to speed.

    2. Re:Sua Sponte? by Anonymous Coward · · Score: 0

      As a lemming facing a 'corporate Godzilla', of course I am an 'anonymous coward'. Sua Sponte to
      me appears to be a poison pill by this judge to
      protect MSFT against appeals by usurping the power
      of any and all appellate processes up to and including the Federal Supreme Court itself. Inasmuch as world courts seem to defer to our system, this applies to the rest of the world as well. As written, it appears that no matter what
      the appellate processes decide, K-K has decided that
      all ultimate decision jurisdiction shall remain with her and her alone. I have never seen a judge usurp the power of the Federal Supreme Court before........until now

  31. Glaring Loophole? by Anonymous Coward · · Score: 4, Interesting

    As we probably all know, a clause in the settlement limits Microsoft's disclosure of APIs to only those not security related.

    Is there any legal device that prevents them from, say, distributing some security procedure over all the APIs, thus limiting their disclosure to nothing?

    1. Re:Glaring Loophole? by multriha · · Score: 1

      How many times do we have to go over this?

      They can only use that to keep from distributing APIs that compromise security not merely related. Personally if an API is such that disclosing the API (not algorithms, not implementation details, just the API) is sufficient to compromise the security of the product, then the API contains a backdoor.

    2. Re:Glaring Loophole? by machine+of+god · · Score: 1

      You know, I'm sure microsoft people come here to make sure their ads are running correctly. I wonder if they ever come here for ideas on what to do next. They just see all our "That's great but what if they..." posts and think "If we couldn't get this advice for free, we might have to buy their souls." Yeah so next time you think that your prediction was right on, I someone reminds you that you probably gave them that idea, you bastard.

  32. bug fix:sector-specific regulation needed? by Anonymous Coward · · Score: 0

    Sorry, left out a word in the third sentence. It should read:
    Is general competition *law* incapable of dealing with these kinds of problems?

  33. Section J by bhsx · · Score: 5, Interesting

    Section J explains what the judgement doesn't intend to do. In J2 it talks about not putting conditions on Microsoft about how they'll be licensing the APIs and protocols to third parties then continues on in J2(c) say that the third party may be subject to conditions set by Microsoft that the third party:

    meets reasonable, objective standards established by Microsoft for certifying the
    authenticity and viability of its business


    So, does that mean that they can refuse the APIs and protocols to Open Source projects claiming that they don't consider them viable business models?
    In the other sections it points out the Microsoft is not allowed to be discriminatory, so which one overrides the other?

    --
    put the what in the where?
    1. Re:Section J by Qrlx · · Score: 4, Interesting

      Everyone seems to be focusing on that "viable business model" thing but I don't think that's what it really means. It means that Microsoft doesn't have to release their API stuff to whoever comes asking. In other words, if your company is named 31117, Inc., your two employees are both under 18, and your Mission Statement is "Information Wants To Be Free!," then Microsoft isn't going to let you see their panties.

      On the other hand, if you are an esablished business (let's say RedHat,) with like an accountant and maybe some stock options, and you have a Duns and Bradstreet number, then you are probably good to go. Microsoft would have a hard time arguing that RedHat isn't an "authentic and viable" business in any "reasonable and objective" sense of the words. They can't just say "well, all OS except for Windows are not viable, so take a hike."

      I think the bigger issues are:

      1. What remedies, if any, address non-compliance?

      2. How big is the security carve-out? Is it so big that we'll never know anything about Longhorn/Palladium since they'll implement interprocess crypto (think x-box)? Or is it so small as to basically mean that MS doesn't have to provide info like "The SMB backdoor password is xyzzy?" In one case it covers anything dealing with crypto, in another case only a huge flaw that MS would rather not have public.

    2. Re:Section J by richieb · · Score: 2
      On the other hand, if you are an esablished business (let's say RedHat,)

      But then Red Hat will have to sign an NDA and will not be allowed to release any source code. So how does this help us?

      --
      ...richie - It is a good day to code.
    3. Re:Section J by Qrlx · · Score: 1

      Well, they could go out and hire that guy who leaked Doom III...

      Seriously, I think SAMBA et. al. is screwed. As punishment for abusing their monopoly power to stifle competition, Microsoft is hereby ordered to continue abusing their monopoly power.

      I'm starting to wonder if, when decoded, Microsoft APIs are actually the Secret Formula for Coke.

  34. Re:Reprisal by DesScorp · · Score: 0, Flamebait

    All right...who let Richard Stallman post? Damnit Rich, you'll never get better unless you TAKE the medication as ordered...

    --
    Life is hard, and the world is cruel
  35. Slashdot-speak by squarooticus · · Score: 3, Flamebait

    "one of the best-qualified people in the world to answer questions on this topic" = "someone who agrees with the majority of Slashdot readers"

    I'm not saying this because I disagree with Larry's conclusions (although I do, to some extent); I'm just trying to point out the bias that permeates this site. The word "news" has been redefined over the past 35 years to mean "commentary," and that's too bad.

    --
    [ home ]
    1. Re:Slashdot-speak by Anonymous Coward · · Score: 0

      Statements that slashdot is biased and that commentary != news is fair enough. But then define for me "best-qualified" by your terms, and show me a site that has news with no bias or commentary.

      I had no problem interpreting this and will make up my mind about the statements truth as it is presented. If the the author thinks he's best qualified, he's entitled to that opinion.

  36. Re:How do consumers benefit? No, really! by Anonymous Coward · · Score: 1, Insightful

    I can't call IBM and get a discount on a system without Windows installed,

    But you can call walmart....

    if I load XP onto a machine, MSFT can take it over and install software without my permission,

    Horrible, those damn bastards might install patches to keep worms from spreading like Code Red and Nimda, because people who pirate their software typically aren't smart enough to secure it. Those bastards!

    and the APIs can be buried in MSDN, forcing OSS software developers to not only subscribe to MSDN, but also follow whatever licensing MSDN forces on users.

    http://msdn.microsoft.com . Where's the subscription? Need an SDK to write software to interoperate? It's there. Want to write plugins for their Messenger client? Documentation and SDK right there. It's organized, not hidden. Perhaps the OSS community can learn from organized documentation.

  37. Re:Reprisal by Anonymous Coward · · Score: 0

    Just remember, every assassin has two asses.

  38. Judge's Reasoning by BrianWCarver · · Score: 5, Interesting


    From what I read of the decision (yes, I tried to wade through a significant chunk of its hundreds of pages) Judge KK seems to justify many of her points by saying that the remedies suggested by the dissenting states do not address the fault that was established. That is, for instance, forcing MS to auction the rights to port Office to Linux has nothing to do with the fact that MS used its monopoly power to squash Netscape, etc. That is, anything not directly related to the theory that MS felt a threat from middleware with cross-platform abilities is out of bounds as a remedy. (First question then might be: Is that an accurate description of part of her reasoning?) In some instances, what she says sounds right to me and in others it seems like she needs to re-read the findings of fact.

    Another reason she seems to like for rejecting proposed remedies is that they would "help MS's competitors but not competition". This distinction seems slim. If that really is required of any anti-trust remedy, then is anything other than breaking MS up even a potential remedy?

    Most importantly, given the narrow ways she uses to reject the proposed additional remedies, didn't she leave open the possibility of the success of a brand new anti-trust suit that does address the other ways in which MS has abused its monopoly power? (Like for instance, wouldn't Sun's additional anti-trust suit have a good chance?) But, given how long these trials take, won't Microsoft's strategy of prolonging the process wind us right back where we are, where any remedy applied so long after the fact makes no real difference? And then if that's so, while her remedy might be legally defensible, it would also serve to graphically illustrate the impotence of our anti-trust laws, no?

    BWCarver

    --
    Like Digital Freedoms? Then donate to EFF before they're gone.
  39. Heh Heh Heh by TyrranzzX · · Score: 1

    Anyone seen Suse8.1? Sw33t piece of software, mind you. With some more tweaking, it'll be better, as in more user friendly, than XP. Personally, I think we, as a community, need to start pressuring companies to put out solid drivers for linux, make solid programs for linux, and just generally pressure hardware manufactuers to go with linux. Just bug their sales departments for support for the easier to use flavious of linux. Once we can start to get manufacturers and software makers supporting linux and windows, we'll see 2 things: A: MS will start playing fair and compeditiove B: MS will die We've got staroffice for most of your office apps, plus the OS itself is a work of art and security. The only thing that is lacking is games; of which most are being made to support linux anyway as most online games need linux servers unless you like the server crashing every few hours. As for palladium, it's a few years off. Linux has some time to get into manufactuer's PC's and get accepted at the storeshelfs of stores like best buy and Compusa. Especially when we start seeing PC's with suse on them. Dell will probably accept them fairly soon, seeing how they can undercut their competition another $100. If this were all happenning a year ago, I'd be afraid. But since It's happening today, I'm planning to stick linux classes in my course schedule for the next few semesters. The absolute only way microsoft is going to compete with linux is if they start competing, or if they outlaw it(not likely). And remember, people will do whatever the fuck they want, they will crack your programs. Remember, most hackers came from a bullied backround. When they are sick of it, they give the middle finger to the bully and go about their buisness.

  40. Please setup a webcam ASAP. by Damon+C.+Richardson · · Score: 2

    I'd hate to miss the FBI busting into your parents basement when they come for you.
    Get help! Please.

    --

    Last one in jail is a fascist.
    1. Re:Please setup a webcam ASAP. by Anonymous Coward · · Score: 0

      No danger there, notice how he keeps saying "we should", like all those open-source zealots say when they have an idea for a new project: We should make this program foo, which will do bar for us. What they really mean is: I don't have the skills, someone else please do this.

  41. Re:How do consumers benefit? No, really! by BlueMonk · · Score: 1

    MSDN content is freely available at http://msdn.microsoft.com/ is it not?

  42. Discriminatory by Chris+Johnson · · Score: 5, Interesting
    To what extent will Microsoft now be forced to change their current, ongoing strategies of releasing information in discriminatory fashion?

    I refer to licensing designed to block usage of the GPL- and more than that, the attempts through the Shared Source license to produce a population of coders with built-in vulnerability to Microsoft legal attack (the admissions of being privy to MS proprietary information, the abandoning of patent rights etc)

    How much of this will they have to immediately change because it conflicts with the Judge's requirement that they not be discriminatory? It happens to be central to their strategy, and I can't believe this discrepancy will go un-noted.

  43. Okay, I'll bite... by Mr.+Sketch · · Score: 3, Interesting

    So, How Does The MS Ruling Affect Open Source?

    1. Re:Okay, I'll bite... by Observer · · Score: 2
      So, How Does The MS Ruling Affect Open Source?
      Moderate this one up, please. It is, after all, the ostensible question.

      I'd only ask, for clarification: does this ruling erect any additional legal barriers that were not already there before?

      --
      No, this post isn't a troll.

  44. How does this affect current and future licencing? by marcelC · · Score: 1

    The judge ruled that microsoft has to make out for itself what licence strategies it will apply, could they apply licences to current and future programs/api's which would virtually outlaw any open source project for their os?

  45. Re:Reprisal by Anonymous Coward · · Score: 0

    will there be punch'n'pie?

  46. change bsd license by Anonymous Coward · · Score: 0

    Change bsd license specifically excluding MS from right to use, it is not too late.

  47. From a Different Point of View by Bilbo · · Score: 5, Interesting
    Most Slashdot readers are, of course, looking at this decision from a strong technical point of view. It is clear that this decision is going to hurt our favorite technology, and is a bad thing for the Technology sector. We tend to draw parallels from other technology cases, such as the breakup of AT&T, and the outcome of that case.

    My question however, is, if you look at this decision from a Business perspective, how does it fall? Is this decision in line with existing case law when it comes to dealing with individuals and corporations who have come to exercise huge amounts of power over their various sectors of the economy? Was this decision made with the intent of strengthening the overall business climate of the US, especially given the current state of the world economy? Will it make perfect sense to the average CEO?

    --
    Your Servant, B. Baggins
  48. Has Opensource shot itself in the foot? by sabinm · · Score: 5, Interesting

    What I mean by that is realizing that

    1. Open Source has bound itself (willingly or not I cannot say) with Free Software. I see a fundamental difference between the two as OpenSource is more of the Scientific approach of having a peer reviewed research and development platform, where as (self admittedly) Free Software focuses on making *all* software free as a public domain/service

    2. Many open source applications have been developed with the purpose of allowing those who would not normally have the skills to circumvent "IP protection measures". That is, P2P, an adopted open source initiative has Free Software ties because the "information" that P2P networks choose to distribute are for the most part Close Sourced or Copyrighted material.

    3. Closed source companies (like Microsoft) and Copy righted companies (like Vivendi) Have both used the arguement that *OPEN SOURCE* software is the cause of the loss of revenue and piracy and have implemented protection schemes that *must be* protected by proprietary closed source mechanisms in order to protect the revenue stream of those coutries

    4. Companies will continue to deny legitimate opensource companies access to their API because they incorrectly bind open-source develpers with Free-Software developers (while one may be the other, both may legitimately exist independently of other that is, not all oss devs are freesoftware devs and not all freesoftware devs are oss devs).

    5. Legislation looms that would prohibit Open Source to be developed on any commercial level and even make it illegal to own and distribute open source based hardware *because of those who would use propietary software without paying for it* who feel they have a right to another's work without compensating the creator.

    6. Those legislators (rightly or wrongly) see open source as a breeding ground for hackers and information pirates, and do not seperate law breakers from the rest of the group. eg. You never hear a *rogue* OSS developer getting arrested on DMCA charges, the same way you hear of *rogue* ceos or *rogue* scientists acting in a way that disgraces the community.

    So really, is this a question of those who have steered open source away from its roots to be a campaign for free software? And how will traditionally open source companies (or) individual developers access the blueprints if MS can conveniently label them as software pirates or illegitimate institutions undeserving of access to its API?

    --
    http://cincyboys.blogspot.com/ Everything Cincinnati. Including the word 'Finnih'
    1. Re:Has Opensource shot itself in the foot? by Cyno · · Score: 1

      I don't understand how open source or free software relates to piracy or code cracking. It is a coincidence that the same code used for cracking and pirating products is distributed on P2P technology and often uses an open source model for developement. But what would you expect? Do you honestly think a hacker is going to try to sell a box product of their MS code breaking software? No, they're going to give it away, source included, hence open source, on the internet so many other hackers can make use of it and break more MS codes. This does not mean that the hacker in question writes for either BSD or Linux. How do you think so many MS .vb virii have spread? The best P2P system available, Outlook. Also piracy is done by end users, your customers, who have chosen not to pay for your products because they were given the option of stealing it for free from their friends, a P2P net if they don't have any. P2Ps were not designed with piracy in mind, but with file sharing. Legal files such as mp3s, images and movies can be shared across P2Ps. Illegal files are being shared because your end users, your customers, are thieves, or at least they don't agree with your inflated IP prices. I don't know. Deal with it.

      That being said, no open source hasn't shot itself in the foot. If free software doesn't go anywhere there will still be plenty of open source and LGPLed code to build the next OS of the people, these things just take time. On top of that BSD is getting plenty of free advertising since everyone equates it with Linux, free software, OSX, open source, etc.

  49. Price schedule by kbielefe · · Score: 3, Interesting

    In my opinion one of the biggest victories against Microsoft in this judgment was the establishment of a uniform price schedule. No more special bait-and-switch deals. However, it occurs to me that this could actually hurt some businesses more than it helps. How do you think Microsoft will respond to this requirement and how can open source use this to its advantage?

    --
    This space intentionally left blank.
  50. We are screwed by nurb432 · · Score: 2

    Simply put, the Microsoft machine is in high gear, and they know the government wont stop them, no matter what they do.

    They now have pretty much free reign to attack all competitors how ever the see fit, including OpenSource stuff.

    Lesson learned: if you get big enough you are exempt from business laws. Only trick is getting there before you get caught.

    --
    ---- Booth was a patriot ----
    1. Re:We are screwed by NineNine · · Score: 1

      They now have pretty much free reign to attack all competitors how ever the see fit, including OpenSource stuff.

      Just like each of the millions of other businesses in the US. That's what competition is.

    2. Re:We are screwed by nurb432 · · Score: 2

      By definition, this discussion is not about 'competition'.

      Being a monopoly ( as has been declared in court ) gives you unfair advantage, to the extent that there isn't any true competition in the respective market.

      Thus this is NOT like 'each of the millions of other businesses'. I tend to believe that the majority play by the rules. I could be wrong but id like to believe that anyway.

      --
      ---- Booth was a patriot ----
    3. Re:We are screwed by DunbarTheInept · · Score: 2

      No, it's not. Competition isn't about attacking all competitors how ever they see fit. (Note the emphasis.) It's about doing so withing certain rules of good ethics and fair conduct where you let your products compete on their own merits. This is not the Microsoft business model.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  51. Re:How do consumers benefit? No, really! by Malcontent · · Score: 1, Troll

    "Horrible, those damn bastards might install patches to keep worms from spreading like Code Red and Nimda, because people who pirate their software typically aren't smart enough to secure it. Those bastards!"

    On the other hand they might read your dard drive, extract your outlook email list and send it to MS so that the list could be used for spam. Or maybe they might disable all non MS products on your hard drive or they might change all your preferences to use MS products as default.

    Why not? you gave them that right when you clicked OK. Would they abuse that right? Of course they would they are evil people who have done worse.

    --

    War is necrophilia.

  52. Balancing act by jmu1 · · Score: 2
    Does the settlement seem like a hastily created balancing act? By that, I mean keeping the creeping hand of government intrusion into business out, yet at the same time punishing a company which used questionable practices.

    Note that I have no love for Microsoft, yet I do wish to keep the government out of business and more into the practice of governing.

    As the settlement stands, it seems like an intrusion(even if quite useless) into Microsoft's business. Perhaps even with this settlement, the invisible hand will deal with them in time.

    1. Re:Balancing act by RustyTaco · · Score: 1

      So how exactly do you "govern" ([wordnet] govern v 1: impose regulations on) "without a "creeping hand of government intrusion"?
      Inquiring minds want to know.

      Or did you mean "the government needs to go hold down the populace so we can take their money?"

      - RustyTaco

  53. Mod parent post down: Offtopic (n/t) by Anonymous Coward · · Score: 0

    (n/t)

  54. Will the Market Rule? by Anonymous Coward · · Score: 0

    Some of the spin doctors claim that, regardless of the ruling, the market will ultimately determine whether MS maintains its ~90% market share in many areas.

    Will linux be able to continue holding or increasing its server market share and if so, will that share translate to the desktop?

    Or will anyone else be able to increase their market share in the next, oh, 3 years, from what's on your radar screen today?

  55. How can the European court help? by fmjrey · · Score: 5, Interesting

    If US justice fails us against the MS monopoly, how can European court take over the battle? What are the legal mechanisms Europe could use to enforce its own ruling?

    1. Re:How can the European court help? by XavierXeon · · Score: 1

      MS wants to sell its products in europe. To do so they have to obey european laws.
      So if for example european courts deceide that MS has to ship windows without the media player, them MS has to do so or they will get fined.

      I guess the penalty will be some amount completely laughable for microsoft so they will continue doing it their way until some court case gets started that will forbid microsoft to sell anything in europe.

  56. Re:How do consumers benefit? No, really! by NineNine · · Score: 1

    It benefits consumers in that they have a very simple, very standard OS/browser combination that anybody can use anywhere. That's a huge benefit to the consumer. The average consumer doesn't write code.

  57. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  58. Fair decision? by AntiNorm · · Score: 4, Interesting

    Given the much harsher penalties (breakup, etc) that many people were calling for, and given Microsoft's record for behavior, do you think that Microsoft will indeed cease their monopolistic behavior, or do you think that they will take it as yet another slap on the wrist and continue to use their position to leverage an unfair advantage in the industry?

    --

    I pledge allegiance to the flag...
    of the Corporate States of America...
  59. Where do we pick up the torches and pitchforks? by Anonymous Coward · · Score: 1, Funny

    Do you think it's time for an "attitude adjustment" to the corporations and the politicians they have bought and control?

  60. Palladium/LaGrande Defense by jACL · · Score: 2

    Palladium and LeGrande will probably be embraced by businesses -- media, healthcare, banking -- anywhere that businesses need to ensure that media or data needs to be vaulted. Cisco is pushing it too -- they want to sell the equipment to stream video on demand. In effect, all three are seeking to building a data citadel within the Internet.

    As no one else that I'm aware of is doing this in an open source fashion, they'll end up with a defacto monopoly in a protection racket. At that time, the argument could be made that Microsoft used its monopoly power to create another monopoly.

    Any chance of using that against them to open up Palladium?

    --
    "It remains to be seen if the human brain is powerful enough to solve the problems it has created." Dr. Richard Wallace
  61. That's why I'm asking... by bhsx · · Score: 3, Interesting

    Yes, everyone seems to be focusing on the viable business thing, with good reason. The wording is ambiguous at best and I am not a lawyer. I'll go out on a limb here and guess that you aren't either. I'm asking a lawyer his opinion on the wording, as he is trained in such things. You're question about remedies is written right there in the judgement; but you're question about the 'security carve-out' is one that does need addressing. However, just because you think you know what J2(c) means, doesn't mean you do (the wording is ambiguous at best and leaves plenty to interpretation) and doesn't mean that it's not a valid question that we should be posing to a lawyer.

    --
    put the what in the where?
    1. Re:That's why I'm asking... by Anonymous Coward · · Score: 0

      gee, i really gotta hit preview.... so to repeat, the wording is ambiguous, ambiguous, ambiguous!

    2. Re:That's why I'm asking... by Qrlx · · Score: 2, Funny

      Well I'm sure some permutation of that question will make it into the list, seeing as everyone's panties are riding so high because of it.

      I hereby decree that panties is the appropriate metaphor to understand this whole Section J issue.

  62. Re:How do consumers benefit? No, really! by Arthur+Dent · · Score: 2
    Not really true. Microsoft is free to set charge whatever they want for the SDK.

    For instance, if you are interested in writing an EXT2 (or other) driver for Windows 2000, it will cost you $1000 for the DDK.

  63. Re:How do consumers benefit? No, really! by E_elven · · Score: 2, Insightful
    Because then everyone would switch to an alternative OS, like Linux or Mac OSX.


    How many average consumers know what Linux or Mac OSX are? How many will know if MS is screwing them over? How many will have a choice?
    --
    Marxist evolution is just N generations away!
  64. Does this agreement have teeth? by sterno · · Score: 5, Interesting

    Microsoft has a history of making settlements like this and then doing everything that can to weasel out of it. So I'm wondering if this agreement is really going to set up a framework that effectively keeps Microsoft in check. Even if the framework does support this, do you believe the justice department will be aggressive enough with its enforcement to take advantage of it?

    Microsoft seems to be playing the part of the spoiled child here. The parents keep saying he's doing bad things and that he should stop, but they never back up their threats with effective action. I can't imagine Microsoft changing its ways anytime soon unless this agreement is actually setting up significant consequences for them.

    --
    This sig has been temporarily disconnected or is no longer in service
  65. Re:How do consumers benefit? No, really! by JWW · · Score: 2

    I really wonder about this one. I believe the time is coming when MS's DRM software will begin deleting "unauthorized" files. When that happens the key question is will the sheep stampede, or will they just blindly go along with being corralled. It could be a giant win for Linux and Mac OSX, but it could also show that the unwashed masses just deserve what they get.

    I keep waiting for consumers to revolt to poor quality, service and the general model of licensing ("non-ownership" of products), but things just keep getting worse. I'm not just talking about the software world here either.

  66. Is it possible for a person to sue.... by jackb_guppy · · Score: 5, Interesting

    Since the feds are acting in the name "of the people". This may appears to large class action suite. So citzens can request not to be part of the class... then could we:

    Get a sub-class to sue DOJ & Microsoft for violating the public trust and get judgement set aside.

    Group of citzens to appeal the ruling for failure in addressing the concerns of the public, supplied during public comment, by adjusting the agreement to meet those concerns.

    1. Re:Is it possible for a person to sue.... by kcbrown · · Score: 2
      The problem is that this ruling sets a precedent. Even if you started a new lawsuit, it seems to me that this ruling would significantly reduce the probability that a verdict in your favor would be reached.

      Sigh...

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
  67. Lack of technical expertise by hsmyers · · Score: 5, Interesting

    When (other than 'never') will the legal profession (particularly judges) admit that their lack of technical expertise is doing damage to the rest of us?

    1. Re:Lack of technical expertise by duck_prime · · Score: 2
      When (other than 'never') will the legal profession (particularly judges) admit that their lack of technical expertise is doing damage to the rest of us?
      About ten minutes after geeks admit that their lack of legal expertise disqualifies most of their legal commentary. ;)
  68. Not enough. by Kwil · · Score: 1

    If you just "Don't buy it", you're doing nothing to combat the network effects that may come to bear on you.

    A better answer, "Don't buy it, and convince those around you to not buy it as well."

    --

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

  69. Re:For starters, a high-level question... by Anonymous Coward · · Score: 0

    Complaining about MS buying politicians is funny. The only reason this case was even brought was because Netscape et al. whined to the government when MS entered the browser market. (It was perfectly OK for Netscape to "kill" Mosaic. But for anyone to kill Netscape means we need the Government.) It's well documented that a number of competitors had the government's ear during the case.

    As for them losing support: that's how the free market works! If you don't like MS as a consumer, buy from other companies and promote them. For competitors, the solution is to build a better product and promote. Don't whine to the government, do something about it.

  70. Re:How do consumers benefit? No, really! by Enry · · Score: 2

    I wouldn't call that a benefit, especially if the govt is essentially giving MSFT the right to maintain their monopoly.

    It is irrelevant if average consumers don't write code. In fact, it stresses the point. MSFT opening its APIs doesn't help anyone, since those that do need it worked around it.

    A standard OS/browser is pretty irrelevant too. I can get into a Honda, a Saturn, or Ford pickup and still be able to drive it on the road. After I get familiar with the controls, I can drive it easily. Linux and Windows are the same way. If people would take the 15 minutes required to figure out what the differences are, they would be fine.

  71. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  72. It's called "Click-through" for a reason... by mmol_6453 · · Score: 5, Interesting

    I work at an ISP as technical support. I've helped several people who don't read licenses, and several more who get defensive whenever I say, "I'm going to have to change a setting on your computer."

    Millions of computer users assume that they own their computer, as well as everything on it. They don't understand the concept of software licensing, and most would probably (Strange, but true) give up using a computer if they discovered they didn't own everything on it.

    The whole reason license agreements have become terrible for those of us who read them is because of the vast majority who don't. Software companies have an easy time adding clauses to their license agreements, because most people don't read them. It reaches a point where what people are agreeing to, and what they think they're agreeing to, become two separate animals.

    If these were physical, handwritten contracts, there'd be all sorts of legal battles citing extortion, but, last I checked, there haven't been any competent lawyers arguing that extortion is possible online.

    For reference, ask an old-time geek about GIF and the LZW patents.

    I'd really like to see a business demigod declare that software-licensing can become restrictive enough to be considered a "cybercrime."

    A good first step? Take two graphs, both of which would be "restrictivity vs usercount" contract comparison graphs. One graph would be for some highly competitive market (like loans or mortages), the other would be for major software products like office products.

    Unfortunately, I can't think of any way to graphically represent the choices for initial software that people have when they buy their computers.

    --
    What's this Submit thingy do?
    1. Re:It's called "Click-through" for a reason... by Anonymous Coward · · Score: 2, Interesting

      Software Licenses are to a considerable extent a fiction. When put to the test, software seems to be a consumer durable, not a license.

      1) If I buy a license and transfer it across a customs barrier, I tend to have to pay tax on it. Why? In what sense is the license moving? I don't need to pay import tax on my driving license, gun license, building permit.

      2) A case from a few years back: a person lost a registered copy of Quark Xpress in a hurricane. The manuals, disks, etc. were lost but surely a LICENSE is an abstract entity and the person's LICENSE remained. Quark refused to replace the GOODS or permit the person to copy someone else's. In what sense then was this a LICENSE?

      The entire concept of ownership and licensing is really quite severely mutilated when applied to software, and eventually our legal institutions will need to recognise this formally and deal with it.

    2. Re:It's called "Click-through" for a reason... by ryanvm · · Score: 2

      [Millions of computer users] don't understand the concept of software licensing, and most would probably (Strange, but true) give up using a computer if they discovered they didn't own everything on it.

      I'm not sure how you back up such obvious speculation with "strange, but true", but I doubt very much that this is the case.

      The reality is that most people are very aware that they don't own most intellectual property that they've purchased. We can't republish books under our own names, we can't sell copies of our tapes and DVDs, and we can't give our friends and family CD-R copies of Windows XP. Everyone knows this, and it bothers very few. Nobody is giving up computing because they aren't allowed to redistribute their commercial software.

    3. Re:It's called "Click-through" for a reason... by Alsee · · Score: 2

      The reality is that most people are very aware that they don't own most intellectual property that they've purchased. We can't republish books under our own names, we can't sell copies of our tapes and DVDs

      When you buy a book or a tape or a DVD you certainly DO own it. You can sell it. You can loan it to a friend. You can use it on any machine you like. And the publisher cannot revoke your use of it after purchase. There are certian restrictions on your right to produce copies, but that has absolutly nothing to do with licences.

      *If* EULAs are upheld as legal then you do NOT have the right to sell the software when you're done with it. You do NOT have the right to loan it to a friend. And the publisher DOES retain the power to revoke your use of it after purchase. The publisher has the right to change whatls on your harddrive without your permission. And an entire laundry list of other things.

      So yes, you DO own books etc that you buy yet they claim you do NOT own the software you buy.

      I beleive that was one lower level court case someplace where a judge compared software sales to book/music/etc sales and said that use the "looks like a duck then it is a duck" analogy, I.E. that it looks like a sale and sounds like a sale and feels like a sale then it IS a sale, and therefore the "licencing" was invalid. This was a case where a customer walked into a store, grabbed a box off a shelf, and plunked down his money. Therefore it was a sale. Had someone handed him a contract and said "sign this and we'll licence the software to you with these terms..." THEN it would be a licencing situation.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:It's called "Click-through" for a reason... by mmol_6453 · · Score: 2

      I have lost customers due to hardware issues...it usually ends with a, "Well, this whole damn computer thing is too much of a pain. I'll let my kids write me real letters."

      From my experience with a thousand or so different people I've dealt with personally, I feel confident in my judge of character that a lot of them are just doing it, "because my kids bought me a computer," and even more of them try out computers because everyone else is doing it.

      With their interest so teneuous, I'm rarely surprised when someone decides to give up trying, and give the computer to their 12-year-old grandson.

      --
      What's this Submit thingy do?
    5. Re:It's called "Click-through" for a reason... by S.O.B. · · Score: 1

      The reality is that most people are very aware that they don't own most intellectual property that they've purchased. We can't republish books under our own names, we can't sell copies of our tapes and DVDs, and we can't give our friends and family CD-R copies of Windows XP. Everyone knows this, and it bothers very few. Nobody is giving up computing because they aren't allowed to redistribute their commercial software.

      Yes, but we can lend a book or a DVD to a friend but many software licenses exclude that type of sharing.

      --
      Some of what I say is fact, some is conjecture, the rest I'm just blowing out my ass...you guess.
  73. nails in you own coffin by HighTeckRedNeck · · Score: 3, Insightful
    This is probably the best outcome the OSS movement could have gotten. When all a tyrant gets is a slap on the wrist you can be sure it will be business as usual, only more so. So M$ will practice even more predatory practices and try to get even more restrictive with its EULA's. Why is this to the OSS movements benefit? Because it cuts off other (reasonable) competition while simultaneously causing more people to want to switch to OSS software.

    Nothing takes the fight out of a revolution like the tyrant becoming reasonable. IBM super computers, HP, SGI, Sun; as the big boys switch to Linux and cell phones, pda's and other things move to J2ME on a Linux kernel for all the right reasons the governments and other big users will have even more reason to switch away from the MS bullying.

    Of course, bully's become spiteful in the end and drive the nails into their own coffins. My question is "can we sue the DOD to switch to OSS and Linux since it would seem necessary for both security and R&D and the MS EULA's don't allow their products to be loaded onto systems alongside OSS software". Seems to me it would save lots of money as well as making the DOD legal, secure and smarter. Given MS's either-or ELUA's they seem like the ones to be canned.

  74. nondiscrimenatory basis clause by rstewart · · Score: 5, Interesting

    Is it possible for open source individuals to argue that the nondiscriminatory clause does in fact discriminate against them if they are forced into non disclosure agreements or monetary licenses in order to get access to APIs. Since a charge or non disclosure agreement would prevent most open source software developers from gaining access to this information can it be considered to be discriminating since Microsoft Corp. understands that this will prevent open source development.

    Also using the term nondiscriminatory does this mean that if Microsoft were to release API's and details to other companies that they consider to be not for general publication because of "security" reasons is this discriminatory and therefore not allowed as well. In other words can Microsoft allow some but not others access to "security" API
    s and information?

    1. Re:nondiscrimenatory basis clause by Frobnicator · · Score: 2
      RE: parent, nodiscriminatory terms could mean they charge everyone $5000 for a license, it doesn't matter if you are IBM, Dell, Corel, Adobe, (big companies) ISVs or small companies, or any of the hobbiests, shareware, Free and Open Source software makers, and so on. As long as its the same for everyone, it isn't discriminatory as long as it is 'reasonable' for corporations. (A company that can afford a few programmers can reasonably afford a few grand for something close to their core business.)

      What I'm concerned about is how the Judge made the distinction in what to include as technologies that must be considered separate, and how she stated that OS components, Middleware, and other products were not neccessarily mutually exclusive. There was in her description information that the inclusion of products and technologies that can be distributed separately from the OS, or are trademarked, or (a few other things) would be considered in the middleware category. Would that mean that a certain functionality in another OS that can be separated on OTHER OS's, such as the PCMCIA code in Linux, would mean that code controlling PCMCIA cards in Windows would need to be considered as separate from the OS? Other examples would be window managers vs. the same functionality, and shells?

      Continuing with her definition of Middleware, stating Internet Explorer is in the class of middleware -- when programming within the windows shell, much of the stuff actually thought of as 'windows' is actually interpreted inside of Internet Exploder; will the interoperablity clauses affect those as well? Specifically will MS have to provide methods to replace/swap the shell as though it were Middleware?

      (It's time to go home for the night, and this isn't coming across clarly. Can someone translate this more into readable text if they think they understand? Thanks. frob)

      --
      //TODO: Think of witty sig statement
  75. Re:For starters, a high-level question... by dup_account · · Score: 1

    Nice bad example buddy. I would think a good zealot would recognise that the mosaic to netscape transition was a good ol' american way of doing business. Mosaic was a gov't/edu sponsored project. The lead(s) from the project took the idea of formed a company to sell it. Go USA Go!

    If M$ was soooo interested in allowing the free market to prevail, they would have resisted the urge to buy politicians. How better to show that the system works by living within it. But you can see that M$ understands that a pure free market society just doesn't work.

  76. Microsoft Justice and the GPL by Anonymous Coward · · Score: 2, Interesting

    This post and these questions are made assuming Microsoft is the antithesis of Open Source. If Microsoft has a good day, open source has a bad day. If Microsoft loses, Open Source wins. In this light, any question about Microsoft can be seen as relating to Open Source Software.

    From no point of view does the judge's decision make sense. Microsoft is as large a company as there ever has been, and they've gotten that way by screwing people (Microsoft tax on OEM machines), other companies (Microsoft Java VM, etc) , and the government (billions wasted on NT) at every turn. As large as they are, one could speculate that turning this case against Microsoft would devastate the economy (if one were a fool, of course). Is it possible that the ruling was made in favour of Microsoft in order to not dent the economy? Whether or not this was done, nobody with any sense expects Microsoft's tactics to change, so when this court case comes around again next time, how difficult will it be to make a case, considering that Microsoft doesn't have to turn over documents they judge to hold IP, coupled with the precedence this case sets?

    With Microsoft's won-loss record in the courts, what would occur if they tried to step on the GPL (a prevalent license of Open Source Software)? If they defeated the viral parts of the GPL, would the entire license be void, or would just the viral parts be NULL? Finally, as a not-a-lawyer, I can't tell who the "we" in the preamble of the GPL means. When I read it, it sounds like the "we" refers to the Free Software Foundation. If just a portion of the GPL were defeated, would the FSF own the copyright to all the software ever GPL'd, but not have to play by it's viral rules anymore?

    1. Re:Microsoft Justice and the GPL by spitzak · · Score: 2
      The original author owns the copyright to the software, not the FSF (you can sign it over but I think most don't).

      If the GPL is illegal then your rights to the software revert to those covered by copyright law. This lets you do far less with the software. It seems unlikely that it can be illegal in any way however, because it grants rights. It says "Normally it is against the law to do A to me, but I will allow you to do so. It is also against the law to do B to me but I don't grant you permission to do that". This is really what the GPL says, but a lot of people seem to have A and B confused and see it as some sort of taking of rights, they think it's more like "I'll let you do B. Wait I take some of B back and only leave you A".

  77. Good idea, Bad question by Anonymous Coward · · Score: 0

    The judge has to keep the public good in mind, but her primary reponsibility was to determine what punishment is required under the law.

    What you really want is for the law to be changed. Fixing the law is a good idea, but this is not the domain of a judge.

  78. Not So Simple by mmol_6453 · · Score: 2

    The situation will be a whole lot more complex when hardware-based copyright protection is forced by law.

    --
    What's this Submit thingy do?
  79. Re:For starters, a high-level question... by EzInKy · · Score: 2, Insightful

    As for them losing support: that's how the free market works! If you don't like MS as a consumer, buy from other companies and promote them. For competitors, the solution is to build a better product and promote. Don't whine to the government, do something about it.

    Okay sure, we'll buy from someone else then. Let's go on down to Best Buy and see what our choices are...hmmm, we have a Compaq with MS Windows on it, we have an E-Machines with MS Windows on it, we have a Sony with MS Windows on it...plenty of choices aren't there?

    Except for Apple, there still is really is no easy way for the average consumer to "vote" against Microsoft, and there won't be until machines pre-configured with Linux, BSD, and other alternative OS's are on the shelves.

    --
    Time is what keeps everything from happening all at once.
  80. Re:How do consumers benefit? No, really! by micromoog · · Score: 3, Funny
    On the other hand they might read your dard drive, extract your outlook email list and send it to MS so that the list could be used for spam.

    Yeah! Or they might find out which company you buy your tinfoil from, and buy that company, and put nanomachines in all the tinfoil so that your tinfoil hat actually reads your brain!!

  81. What? by rosewood · · Score: 1, Offtopic

    Fuck - I was out of town all week and I totally missed this. Really, there needs to be a clean way to pick any day and read the news posted for that day. Every site should have such a feature. It would be very nice to read the top headlines of "normal news", top headlines on the shack, top headlines on slashdot etc.

    So no - not everyone knew about this yet - I did not :

  82. You pay a little now, or pay a lot later... by blinkylights · · Score: 3, Interesting

    OK, so MS can go home feeling pretty good about having gotten the judgement they wanted, and that (from what I've seen here in the US) mainstream media is focusing on how the judgement might bouy the US stock market rather than on the issues of the case or how it will affect the industry. MS will probably view this as a huge win. So huge, in fact, that it's likely that Microsoft (which has never publicly acknowledged any wrongdoing, or expressed any hint of contrition) will regard the ruling as a validation of their aggressive business tactics. The fact remains, however, that the Microsoft monopoly is a Bad Thing(c) in and of itself, and that the unabated weight of it will continue to have a widespread negative impact on the industry, consumers, the economy, security, innovation and progress. Right now, we could impose remedies against MS (revealing source, breaking up the company) that would help mitigate these damages. But since the USDOJ and the justice system have failed to enact meaningful remedies, and given that MS is unlikely to back off their anti-competitive (and often illegal) behavior, is it not more likely now that we're headed into territory where politicians will start thinking about (God help us) regulation to "fix" the problem?

    What do you think would have to happen (as if it's not bad enough already) for regulation to rear it's ugly head, and what ramifications do you think regulation would have for OSS?

    ---
    ...or we could all just start using Linux.

  83. The real question for me: microsoft laptop tax by sanermind · · Score: 5, Interesting

    Does the wording on non-discriminatory licensing to OEMS mean that I will finally be able to purchase most laptops without having to pay a microsoft tax for software I delete as soon as I get it?

    (Unix on the desktop is here, for those of us that want it. I've been running entirely in linux and BSD on the desktop for years now).

    --

    ---
    the pen is mightier than the sword, the sword is mightier than the court, the court is mightier than the pen.
  84. Re:How do consumers benefit? No, really! by IXI · · Score: 1

    Hey moderators, this is not "Interesting" but "Flamebait" or "Troll" instead:

    Horrible, those damn bastards might install patches to keep worms from spreading like Code Red and Nimda, because people who pirate their software typically aren't smart enough to secure it. Those bastards!

    Hey moderators, this is not "Interesting" but "Flamebait" or "Troll" instead.

    If M$ had any incentive to fight worms and viruses they could well do that without breaking into customers pc's. For example by simply shipping their $oftware with more secure default settings.

    --
    He saw some dirty arabs and fired. Too bad it was just some friendly kurds, BBC reporters and his fellow cowboys.
  85. Re:How do consumers benefit? No, really! by Bingo+Foo · · Score: 2
    Bill Gates is hoarding cash. What does he know that you don't?

    Ummmm.... Where cash comes from?

    --
    taken! (by Davidleeroth) Thanks Bingo Foo!
  86. questions by zogger · · Score: 5, Interesting

    --I have a few questions....

    Mr. Rosen--

    Are you aware of why a RICO suit wasn't pushed against microsoft execs given the scuttlebutt of the strongarm tactics they used against various hardware manufacturers as regards bundling and pre-loading alternative OS's? Last I knew, extortion was a criminal and not a civil crime. To me that was a more proper venue and focus for this case, with wider ranging ramifications. Comment?

    This ruling boils down to a repeat of "bad microsoft, go ahead and keep doing what you were doing more or less". so--what's next? How can the average person who's had his security threatened by their exclusionary polices leading to insecure systems in not only the private market but in the public sector react to this and in what manner? What practical recourse is left? Say you have already stopped using microsoft products. Well, big deal, I want to know when they will be removed from my tax supported government, as they are A untrustworthy and a national security risk, and B, products produced by known felons who have been allowed to skate after using illegal activities to promote and profit from flawed products, a double crime in essence. What's a next step to take, for an individual? Is there ANY sort of practical recourse to take with such a vague but clear threat from mass continual useage and deployment of their products?

    thanks in advance

  87. Who is watching the watchers? by Audacious · · Score: 5, Insightful

    This is a really easy one to answer. If you look to history you can find many instances where this same problem has come up before. The short and sweet answer is: It never works.

    The slightly longer answer is: Even monkeys avoid pain. Thus, as will be shown, the longer the committee is around, the less they will do to monitor Microsoft and the more they will adamantly state that they are complying with the court order. In this way they can misdirect any and all probes to find out exactly what they are doing.

    Basically, the judge is incorrect. You cannot have someone monitor themselves because they will be saying they are doing what you've asked them to do when really they never do.

    Ask yourself this: We recently had a string of murders committed by two people. Should we give them back their guns and set them free? We should. Let's just tell them not to shoot anyone else - ok? I'm sure they will do as we ask. After all - they've promised not to do it again and are willing to report in anytime we ask them to do so. You believe them? Don't you?

    I didn't think so. So now, change the word "gun" to "unlimited funds" and "shoot anyone else" to "harm any other business [like make them go out of business or do anymore FUDs and such]" and you basically have what's going on with this case. Oh yes, I almost forgot, change "murders" to "business fallouts/forced foreclosures/buyouts/takeovers/whatever" and "two people" to "Microsoft". Why! It reads the same. Bless me!

    --
    Someone put a black hole in my pocket and now I'm broke. :-)
  88. See: Invisible conspiracies by Perianwyr+Stormcrow · · Score: 2

    Special reference to: "Groups that do not exist".

    --

    What we call folk wisdom is often no more than a kind of expedient stupidity.-Edward Abbey

  89. Re:How do consumers benefit? No, really! by Anonymous Coward · · Score: 0

    Hahaha...

    Linux research group interviews 2000 random citizens in Oklahoma. Not one of them had ever heard of Apple Computer.

    MS research group interviews 2000 random citizens in Silicon Valley...

  90. What happens to MS's Ill gotten gains by BoBG · · Score: 3, Insightful

    So we know that MS does have a monopoly, and they did unlawfully act to preserve that monopoly, and based on those protective actions did reap a profit at the expense of their would be competitors. (These things are not up for debate they are 'Findings of Fact'.)

    My question is, do they get to keep their unlawfully obtained profits? If yes, is it because they settled and did not have a judgement imposed upon them? If no, what penalties in the judgement serve to revoke valuable assets/profits from MS? (I must have missed that part.)

  91. Will the states appeal?? by junkpile · · Score: 0, Redundant

    Woundering if the states can or will appeal this case??

  92. Re:How do consumers benefit? No, really! by SN74S181 · · Score: 1

    That's similar to the way Nintendo, Sony, Sun, IBM, and any number of other vendors who support third party developers for their platform(s) are allowed to charge whatever they want for the SDK, right?

  93. Re:How do consumers benefit? No, really! by DunbarTheInept · · Score: 2

    Admittedly it's been a few years since I last needed to look on MSDN, but the last time I did they had two tiers of access on the website - stuff everyone gets to see, and stuff only subscribers get to see. Has that changed at all?

    --

    Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  94. Re:How do consumers benefit? No, really! by TiMac · · Score: 1
    Being aware of Apple is quite different from realizing the true capability of Apple to be a viable alternative to Windows. Many consumers don't realize that there are OS X versions of software ranging from Office to Photoshop to MATLAB. They may not know of all the Mac-only programs that exist, such as iMovie, iPhoto, etc.

    It very well could be that a consumer's only exposure to Apple is in the context of a PC troll talking about their supposed incompatibility. Thus, Apple created the Switchers campaign to help alleviate those myths.

    But just because one has heard of a company doesn't mean they know the facts.

    --

  95. Media Center pc initial impressions by Anonymous Coward · · Score: 0

    I had a 15 minute test run with the new HP/MS Media Center PC at CompUSA yesteryday.

    It worked ok but had some stability problems common for version 1.0.

    I can see where it will be a good first step towards a hopefully crowded field of all in one home machines (vcr, dvd, dvr, cd player, web surfing box).

    Hopefully, tvio will get its act together and sell their machines at $99 or less this Christmas.

  96. No matter by Anonymous Coward · · Score: 0

    I don't care and no one cares if the decision affects Linux and open source because Linux and open source don't count. They're only an insignificant number of insignificant dweebs who think they really are something but who can't get more than 1 in 50 desktops running their stuff.

    What's interesting is what happens to Apple. Microsoft doesn't need Apple anymore. And even though Apple might not need Microsoft, they have to fear them. Not in the market place of course, but at NASDAQ.

    I'll be back later to contribute more. For now I'm working on enhancing my CLI experience.

  97. Re:How do consumers benefit? No, really! by DunbarTheInept · · Score: 5, Informative

    Standards aren't about picking one product only and having to use it and nothing else in order to interoperate with others. Standards are about defining a behaviour that products should follow to work with each other, so that companies are ENABLED to compete. There are standards that help the auto industry, for example, about how wide lanes on roads are, what the chemical mixture of gasoline available at the pump will be like. There are standards to make sure everyone is on the same page with regards to safety conventions (for example, the convention that an automobile's turn signal must operate by blinking either an amber light, or the red taillight, on the side of the turn, one in front and one in back.) These sort of standards don't stifle companies. They allow them to compete fairly in a situation where there would otherwise simply be a de-facto standard of "whatever the hell Ford happens to be doing, right or wrong, will the the standard since they have the most cars on the road (at the time these sorts of standards were being concieved.)"

    --

    Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  98. Wrong place? by Pseudonymus+Bosch · · Score: 1

    So this is not the interview to ask "Boxers or briefs?", is it?

    --
    __
    Men with no respect for life must never be allowed to control the ultimate instruments of death.
    GW Bu
  99. Re:How do consumers benefit? No, really! by Malcontent · · Score: 2

    "Ummmm.... Where cash comes from?"

    Well you and the rest of the world that uses MS software. That is however irrelevant. That money belongs to MS shareholders and in any other publicly held company having 40 billion in cash laying around is bad. Companies are supposed to either use the money for aquisitions or growth through other means or give it back to the shareholders via dividends.

    MS instead is holding on to cash assets and I want to know why? I suspect that Bill Gates knows something about the world economy that we don't.

    --

    War is necrophilia.

  100. What is involved in "cloning" a piece of software? by Radical+Rad · · Score: 5, Interesting

    I remember this issue coming up back when Phoenix cloned the IBM BIOS. But it has been so long that things have almost certainly changed due to the DMCA, etc. And in light of this anti-anti-trust ruling, I would love to hear from an authoritative source the answers to these questions.

    What methods exist to create a program which is interchangeable with another, copyrighted program? Are there different rules that apply to file formats? What about network protocols, can I simply sniff my ethernet card and whatever I can deduce from the output is fair game?

    What is the current legal status of 'reverse engineering' and 'disassembly' of a copyrighted program in order to create an interchangeable replacement program or alternately a program which interoperates compatibly with the original copyrighted program?

    How many parties must be involved and what steps are required to reverse engineer a program? Must the party who writes the specifications be outside the U.S.? What ramifications are there for that party, i.e. can they ever write new software that competes with the program they reverse engineered without tainting the ownership of the new software?

  101. hmmm... by Anonymous Coward · · Score: 0

    why would not releasing API source affect linux that much?
    this is what ticks me off a bit. why should the opensource crowd even think about using inferior code anyway? do you really want to use directX? jeesus opensource stop relying on windows.

    that said this has got nothing to do with the storm clouds materialising on the horizon...

  102. An Ode to NineNine by Anonymous Coward · · Score: 0

    You are ignorant of the findings of fact,
    and ignorant of antitrust law.
    But your lack of knowledge, to be exact,
    is hardly your primary flaw;
    That you are a foolish, moronic yahoo.
    How blissful it must be, to be you.
    But at least you have an opinion.
    I'll bet you have an asshole too.

  103. Supply vs Demand by mmol_6453 · · Score: 2

    For one fleeting, imaginary moment, let's presume that most people who click "I Agree" know what they're doing.

    On one hand, we have a demand counted in millions of potential customers. That's a huge demand.

    On the other hand, we have this rather lopsided supply. Sure, we have at least a few million software developers in the world, but their distribution isn't even. We have huge, monolithic companies like Oracle, Microsoft and Apple, who have large big, well-known names, large customer bases, and fat profits.

    Then we have thousands and thousands of OSS developers, most of whom give away their products for free.

    The problem is with the monolithic companies. Big names shine like headlights in your face at night; you can't see the little guys. Like looking at the night sky in a big city, that reduces your visible options dramatically. So you have a small supply.

    But a big demand. That means high costs.

    Costs don't have to be in the form of dollars-per-sale; they can be in the form of freedoms lost, charges for technical support on a faulty product, and any number of practical costs intrinsic to closed-source, big name products. (Wish someone would compile a list of these, maybe, say, a thousand items.)

    For home use, these costs are conveyed into personal freedoms like personal copies of music and choice of product.

    (Okay, you can stop presuming Joe Average as intelligent. I know, it hurts. I do tech support.)

    --
    What's this Submit thingy do?
  104. how does MS ruling by Anonymous Coward · · Score: 0

    effect open sores?

  105. Re:How do consumers benefit? No, really! by Rebel+Patriot · · Score: 2

    Funny?"

    FUNNY?!

    This should be modded INSIGHTFUL! :-)

    --
    Slackware forever. Honestly, what else would you trust when it absolutely positively has to be stable, secure, and easy
  106. Re:How do consumers benefit? No, really! by sconeu · · Score: 2

    Nintendo, Sony, Sun, and IBM are not convicted monopolists working under a consent decree.

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  107. Re:How do consumers benefit? No, really! by SN74S181 · · Score: 1

    IBM is a convicted monopoly. Nintendo should have been a decade ago.

    Why should being a convicted monopolist mean you are required to give away your SDK for free? They're competing against other companies, not every fifteen year old with a subnet of 386 boxes in his mom's basement.

  108. MOD PARENT UP! by sconeu · · Score: 1

    No mod points here, but someone mod this one up!

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  109. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  110. Re:How do consumers benefit? No, really! by sconeu · · Score: 2

    It doesn't. It simply means that the standard rules of the game do not apply, that you are working under different rules.

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  111. Re:How do consumers benefit? No, really! by Doctor+Faustus · · Score: 1

    I've got the MSDN library on CD at my office, and I never use it because the web version is easier and more up-to-date. If a login were required, I'm sure we could provide it (we have a MSDN Universal Subscription), but I've never seen anything asking for one.

  112. Mr. Rosen speaking in Calif! by Bill+Kendrick · · Score: 2

    Mr. Rosen is speaking at tomorrow night's (Tuesday, November 5th) LUGOD meeting! If you're in or near the Bay Area, come on over!

  113. Comment removed by account_deleted · · Score: 2

    Comment removed based on user account deletion

  114. Re:APIs and Middleware by lrosen · · Score: 1

    Judge Kollar-Kotelly's ruling in the Microsoft antitrust trial was not good news but neither was it a doomsday ruling. Microsoft had already been found liable for monopolistic practices, and the court was just deciding the remedy phase for those plaintiffs who hadn't settled along with the Justice Department quite a while ago.

    Basically the court decided that the previous settlement was mostly good enough. Hardly anything is new in this decision.

    But it is interesting to me to see how such cases are won and lost. Microsoft controlled the definitions that the court accepted and by doing so it won this battle over its future. The court said clearly that the definitions were of paramount importance: "Integral to understanding the two remedies proposed in this case is a preliminary understanding of the manner in which the two remedies treat middleware." (Executive Summary, p. 5) The court found that Microsoft's definition of middleware was more consonant with the treatment of the term during the liability phase of the trial.

    Middleware is software that resides in the middle between the operating system and something else. "It relies on the interfaces provided by the underlying operating system while simultaneously exposing its own APIs to developers." If defined broadly, such middleware would include almost any software product. If defined narrowly, it would encompass software that provides the functionality of Internet browsers, email client software, networked audio/video client software, and instant messaging software.

    The court decided to accept Microsoft's narrow definition of middleware.

    Microsoft now has the obligation to expose operating system APIs that are necessary to implement middleware as that term is defined by the court. To avoid confusion, the court specifically identified APIs for network and server-based applications as requiring disclosure. The court specifically excluded APIs for interactive television software, handheld devices, and Web services.

    Obviously, if you can get a court to accept your definitions of terms, you can watch your opponent's proposed remedy disappear in the wind.

    The open source community should make sure that Microsoft does publish all the APIs it is required to by this decision. We want to provide valuable open source software that can compete, on Microsoft's own platform and on Linux computers, against Microsoft's middleware products.

    This decision gives us some prospect of competing against Microsoft, but the playing field is not even close to being level.

    Assuming that the court was not going to require Microsoft to disclose *all* of its APIs, which APIs should the court have forced public? This is a strange question for an open source attorney to be asking, because from my perspective all APIs should be open, all source code published. That's the essence of open source software. But we live in a world in which antitrust law does not prevent competition from proprietary software vendors.

    So how should the court have defined middleware so as to get important APIs disclosed without destroying capitalism?

    I'd be interested in your thoughts about the definition of middleware.

  115. Re:MS hoarding cash by sarabob · · Score: 1

    I thought it was to offset the outstanding share options? Some legal reason or other, not just because Bill likes his mattresses stuffed with dollar bills. (and a *helicoptor*, mwahahaha)

  116. Re:How do consumers benefit? No, really! by Anonymous Coward · · Score: 0

    so to clarify your position.

    you believe that there should be one software company (lets call it the ministry of computers) who has full access to collect any data you input into any machine anywhere and use it for whatever motives it wishes.

    sounds like you need to read 1984 my boy. find out what happens when this becomes the normal and we dont have competition.

    oh and we all know windows activation was purely designed for the consumer and to prevent piracy and not lock a copy of an os to a computer, two independantly purchased things which you _SHOULD_ own.

    gotta go now. on friday i get my mind control implant installed. hope ignorance really is as much bliss as you make it look.

  117. Is Microsoft Doomed to become another IBM? by scottme · · Score: 1

    This judgement appears to have given them their head, but will it go to their head and cause them to repeat the mistakes IBM made, as suggested by John Lettice in this article in The Register?

  118. Re:How do consumers benefit? No, really! by Alsee · · Score: 2

    Just because people could bout coal does not mean Standard Oil was not a monopoly. According to legal standards Microsoft HAS A MONOPOLY in its market. That means there are substantial barriers to consumers from being free to choose an alternative.

    Capitilism is about making choices.

    Exactly. And that is precisely the reason the government has to step in in the case of a monopoly. Microsoft has been concicted of abusing its monoply power to prevent competition is the OS market. Microsoft has been convicted of abusing its monopoly position to destroy competition in other markets.

    Capitialism is a great system, but it breaks down when there are substantial barriers to choice and free competition.

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  119. what am i missing? by Anonymous Coward · · Score: 0

    > The effect of this ruling on Linux and Open
    >Source use and future development is not yet clear

    huh? is microsoft going to sue me if i give away
    my software?

    it's clear to ME how it affects opensource.

  120. SuSe 8 by DunbarTheInept · · Score: 2

    I try, I really, really try, to like SuSe. It comes with so many packages you can install, and is just very cool ("have a lot of fun"), but they keep fscking up their kernel source that gets installed and that ruins it for me. I've tried SuSe 6, 7, and now 8. Each time their installation gets screwed up whenever I need to make a small change to the kernel config and recompile. The reason, I only just found out recently, is that the kernel source they install on your system is NOT configured the same way as the kernel source from which they made their prebuilt kernels. This means I have to just make a wild guess as to what the settings were for all those config options. With over hundreds of config options to choose from, the probability of my random guess being correct approaches zero. So inevitably whenever I want to change something small (like setting it up to read IDE CD-ROMS under SCSI emulation so I can run burner software), I end up accidentally changing a heck of a lot of settings because I had to guess what the whole list of settings originally were. Suddenly stuff breaks all over the place on the next reboot as drivers can't be found (I configured as a module what had been originally compiled-in). And then I look in the source tree and can't even FIND the drivers existing anywhere in the source for what had obviously been working using the prebuilt binary, so now I know I don't even have the same SOURCE CODE they were using, much less the same config options for that source.

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  121. RIAA anxiety by alexo · · Score: 1

    ... we have a special interview guest: Attorney Lawrence E. (Larry) Rosen ...

    You're going to interview Hillary Rosen on Slashdot???

    Oh, wait...

    (Although just the thought of /. interviewing the passionate defender of the arts made my day)

  122. Re:MS hoarding cash by Malcontent · · Score: 2

    That's bullshit. No way in hell do you need to offset 40 billion dollars in options. Bill actually thinks he will need cold hard cash in the near future. He knows something that you and I don't. I can think of no other company in the world who keeps that much in liquid assets.

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  123. Welcome to RUSSIA by babylon93 · · Score: 1
    This is not about creating a new piece of the government.

    This is a corporation who has repeatedly violated antitrust law, and due to their position in the industry as a monopoly, have been able to wipe out _MANY_ would-be competitors.

    If you currently had more choices, like 10 different "Office"-like software suites (whole suites...not just WPs) that operated well with one another because of open standards instead of proprietary formats, you might be able to look outside your current circumstance of very vew choices. The more choices we have, the better off everyone is in the long run.

    This isn't Russia (nothing 'gainst you Russians), but with policies like this _UPHELD_ by our government officials because their vote has been cast in politics rather than in the best wishes of their constituents, it sure feels like those folks are not looking out for our best interests, but their own.

  124. Re:APIs and Middleware by mrkurt · · Score: 1

    Thanks for your reply to my question .

    My interest in the Microsoft case was, short of forcing them to reveal code for the OS kernel(which is the true remedy, IMHO), how much they were going to have to divulge to make their products interoperable with other software. The case's definition of "middleware" is quite different than what some of us think of it, which is the protocols that allow interopability between computers over a network. This includes RPC, SSL, LDAP, and for the purposes of the Microsoft case, the SMB/CIFS protocol. Including client programs like browsers, mail clients, and instant messaging software as "middleware" is a logical extension of this concept, as they are the final recipients of content sent over those network protocols.

    This definiton of middleware, and the specific inclusion of network services APIs that need to be disclosed, would be satisfactory, if it were not for the exclusions that were granted MS in disclosing APIs for TV set-top boxes, handheld devices, and web services. I presume these areas of potential future growth were excluded since they were outside the scope of the original anti-trust case. Nonetheless, in the time frame of the IT world, the fight over the leveraging of an operating system to destroy a competitor's web browser market share, or an attempt to subvert Java with a faulty VM, is ancient history. The court fails to understand that this is a forward-looking industry, and Microsoft is focusing on these future opportunities for growth at this moment. Microsoft's past history in how it treats new markets and its competitors in those markets is instructive for how it could have been forced to be a fair dealer in the emerging technologies. To the extent that any of these areas are of interest to open-source developers, Microsoft continues to enjoy an advantage, by virtue of the installed Windows market share.

    Further, if we are talking about "middleware" as it's described in the case, III. J. of the Final Judgment is troubling. If Microsoft isn't required to disclose "portions of" protocols relating to "encryption or authentication systems", is there any remedial value to this ruling at all, as the company may say "we're not obligated to provide you with that information"? Authentication is a core network service, and the interoperability of Microsoft clients or servers with non-MS clients and servers is called into question if they are not obligated to reveal changes or additions they make to their APIs. This language led to my asking my original question about what APIs they will be required to disclose. Every time they incorporate new APIs in a new version of Windows or middleware, or any service packs or patches, if they are undisclosed APIs, will this require going before a judge to force Microsoft to disclose them, or to determine that they should not be disclosed? For the open source community, this could become an additional obstacle to keeping their products up to date.

    To wrap this up, the definition of "middleware" would be acceptable if there were an assurance that enforcement of Microsoft's disclosure of changes or additions to its products will be consistent. Judge Kollar-Kotelly's ruling creates a lot of doubt in my mind that it will be so. I believe that the most effective way for the open source community to compete against Microsoft now is to continue producing good software, and to push hardware vendors to pre-install their products on new PCs, now that Microsoft has no power to stop them. Even if it means only Win32 versions of software like Mozilla or OpenOffice, this is one way that the open source community can take advantage of this ruling and get more exposure of OSS among the broader user community.

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  125. Re:PPC chips by alfredo · · Score: 2

    Fuck Intel and AMD. Linux runs well on PPC.

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  126. Re:How do consumers benefit? No, really! by S.O.B. · · Score: 1

    Secondly, just fyi, if you dont know it, you *aren't* getting screwed.

    Just because you don't know you're getting screwed doesn't mean that you're not getting screwed.

    Using your logic it's OK to commit a crime as long as no one knows you're commiting a crime.

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    Some of what I say is fact, some is conjecture, the rest I'm just blowing out my ass...you guess.
  127. A Simple Prediction by nurb432 · · Score: 2

    Now that they have recived minimal reprocussions from their illegal practices, do you see this same practice increasing, or decreasing, in their 'war' to dominate all aspects of technology and competitors?

    I worry that now they will see it as 'open season' on the world, since there is little holding them back.

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