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Massachusetts Appealing Microsoft Ruling
linuxwrangler writes "Criticizing the "loophole-filled deal" and saying "We are prepared to go it alone," Massachusetts Attorney General Tom Reilly has announced that Massachusetts is appealing the Microsoft ruling. Seven other states have dropped out and are negotiating enforcement and attorney fees. West Virginia is still undecided on an appeal."
Another 5 year legal process...
Lets say that Massachusetts ends up getting everything that Open Source advocates, Linux users, etc want in terms of penalties against Microsoft. Does this apply to all states after they have settled? Or would Microsoft have to have seperate product lines and "features", depending on the legal conditions in each state?
Our new governor-elect, Mitt Romney, is a fine specimen of business-buddy republican. I wouldn't be totally shocked if he threw a wrench into this.
Bored with karma, be a fan/freak
Its good to see at least one state will do the right thing and continue on trying to get a decent rulling against MicroSoft. Really it's time for countries around the world to move away from Microsoft products and start to put some money into open source projects. This will break their reliance on one company and improve balance of payments especially in countries like Australia were we import so much.
...I'm moving to Massachussetts!
Glad to see that somebody has the sense and chutzpah to do what's right.
I live in Massachusetts and I know of a few people gnashing their teeth right now because they wish the Microsoft case would go away. They feel that way because:
1) They know that they are wrong in their support of MS.
2) They know that the AG is SUPPOSED to represent those who have been injured when the law is broken. They just wish it weren't true in this case.
3) They can't find the right words to make "GUILTY" go away...it's a stigma no matter what the punishment to MS is.
4) They are fearful that their true lack of knowledge in the tech world will put them at a competitive disadvantage if ANY non MS (read...non-understood) technology were to become popular. They don't do *nix because they don't understand it. And won't. And don't have to so long as the monopoly keeps them safe.
It doesn't matter if the AG wins or loses. His efforts keep the truth closer to the front page where people read about it. Perception is reality so let the charges fly.
By the way, I just e-mailed Mr. Reilly as well as phoned his office (617-727-2200) thanking him for his efforts and offering my support. He should know we care.
It would be more interesting if Delaware were to prosecute, since (if you look it up) Microsoft is incorporated in Delaware. Ahhh... if only Delaware yanked it's corporate status...
The baby's fine -- please stop sending business cards.
Comment removed based on user account deletion
I'm sure others can think of better ideas than this. Simply crying "Oh, it's too expensive, better let them go" is a bit shortsighted. If Standard Oil had been allowed to go about its practices, it would no doubt have cost the average taxpayer a whole lot more in *being ripped off for every gas-related (and more!) purchase*.
Am I way off here?
Wah!
Mass has a lot of schools that were early adopters of free software, and student idealism to flip MS off. FSF is based Cambridge, after all. I think there are a lot of bitter people around the 128 corridor that have never forgiven companies on the West Coast for stealing their thunder.
http://en.wikipedia.org/wiki/Signature_bloc
Don't Blame Me. I'm from Massachusetts
Somehow seems strangely appropriate in this context. [smile]
I wonder if we can get a Massachusetts only settlement? ;-)
"It is a greater offense to steal men's labor, than their clothes"
Hmm, isn't THAT special? Thank you for your research.
Frank Rich, an NYT columnist, has railed repeatedly against the risk of corporate monsters, esp. Disney, buying media outlets. This could be an example of subtle influence -- I mean, which is the better journalistic headline? Report of the has-beens or the still-be's? At least MSNBC is upfront about its potential conflict of interest, if anyone stops to wonder what those letters stand for.
"Somehow I don't see the Appeals court which has been far more pro Microsoft than the lower courts deciding to overturn a judgement that the Federal govt and the majority of the states have agreed to."
This is a courtroom, not a democracy. Ultimately, it doesn't matter how everybody else feels about the settlement, all that matters is the validity of Massachusetts complaints.
Besides, how can you say the appeals court was "pro-Microsoft?" It wasn't Judge Kollar-Kotelly's (sp?) place to say whether or not the settlement was good or bad.
"Once the appeals court threw out the penalty phase of the trial there was no prospect of a final judgement against Microsoft for a decade."
Um... you missed something there. The penalty phase was the only thing thrown out. The final judgement stands.
"Microsoft could reasonably expect the Supreme court to be sympathetic to the argument that having found the judge to have been biased they were entitled to a completely new trial."
The appeals court already smacked that one down by throwing out only the penalty phase. Microsoft will have to pull something out of its rear end to convince the USSC that the appeals court was in the wrong.
" I also thing that the DoJ could have put up a much better case if they had concentrated on the contractual issues where there were real problems and not getting side tracked into the Web browser issue. Netscape failed for a simple reason"
They're one and the same. Microsoft OEM contracts originally said "You must install IE." They got taken to court, lost, and then 'integrated' IE into 95 and 98. The browser issue is just one example of the many contractural problems Microsoft has with OEM distributors.
A Law Firm here in New Zealand went as far as to lodge a complaint with the Commerce Commission regarding Microsoft's new licensing regime. The new scheme has so incensed one of the partners, Craig Horrocks, that he has set up a site here which has a copy of the complaint, an open letter to MS users, and assorted news articles. makes for interesting reading.
The Mothership
No jokes,
B RU S.html
...
http://www.nytimes.com/2002/11/30/technology/30
I guess it's on way to end their trouble in europe by hiring everyone who opposes them.
I guess everyone as a price
Woah, wait a second. You mean to tell me that the First Circuit has Puerto Rico and all of New England EXCEPT FOR CONNECTICUT AND VERMONT! How did Connecticut and Vermont get pulled into the Second Circuit with New York, while Puerto Rico avoids being part of the 11th Circuit with their neighbors Alabama, Georgia and Florida. It looks to me like all of the other Circuits are neighboring states.
Maybe a better division would be to have all of New England be the 1st Circuit, include New York in the current 3rd Circuit (NJ and PA), and put Puerto Rico in the 11th Circuit with its neighbor Florida. I would say that all of those regions share a bit more in common than the current division.
Maybe it's just me but this sounds like a really odd division of the Circuits
Sapere aude!