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West Virginia Joins Massachusetts in MS Appeal Bid

diwolf writes "West Virginia is seeking to join Massachusetts in appealing a U.S. District Court decision that rejected a tough antitrust remedy sought by nine states in the Microsoft Corp. antitrust case. This is also being reported at CNN and ZDNet."

28 of 346 comments (clear)

  1. Its good to see by jpt.d · · Score: 2, Interesting

    that Microsoft doesn't have them bought. The wheels of justice are too slow and corrupt. I have heard (no proof, just rumour - you guys might know where this was) that GWB specifically ordered the Justice Dept to not seek splitting the company up. If this is true it shows that GWB was bought (he is bad anyways) and that he has far too much power. A president should have nothing to do with the wheels of justice. Justice should also be a lot swifter than this. That Microsoft case should have been over in at least 6 months.

    --
    What we see depends on mainly what we look for. -- John Lubbock Now search for that bug slave!
    1. Re:Its good to see by Anonymous Coward · · Score: 1, Interesting

      West Virginia has historically been, for better or for worse, not for sale, dating back all the way to Justice Harlan, who was the only Supreme Court justice to vote against allowing the formation of corporations (legal trusts) back in the 1800s. This continues through to today with Senator Byrd seeking hard lines, and this Microsoft decision. Win or lose, we are in it for the principle of freedom and decentralization. Unfortunately no one has ever taken us "slack-jawed yokels" seriously.

    2. Re:Its good to see by radicalsubversiv · · Score: 4, Interesting

      That's his call, and if we don't like it we can pick someone else in two years.

      That's how it's supposed to work, at least.

      The reality is that we're not going to get the option to elect a president who stands for rigorous enforcement of anti-trust laws, because such a candidate would have great difficulty raising money from business interests who aren't particularly fond of such laws.

      Of course, probably the only reason we ever saw an anti-trust case brought against Microsoft to begin with was that Gates & co. hadn't wised up to the need to make generous campaign contributions. With $4.6 million in contributions in the 2000 cycle, I'd say they've now figured things out, and the DoJ's antitrust division can now go back to sleep.

    3. Re:Its good to see by radicalsubversiv · · Score: 2, Interesting

      What you're really saying is, Microsoft failed to pay their blackmail^H^H^H^H^H^H^H^H^H contribution money to the democrat party during the 1990s. This is what happens when you cross the Clintonistas.

      While I doubt the relationship was quite that direct, that is what I'm saying -- MS's competitors bought politicians (from both parties) while MS wasn't paying attention.

      Make no mistake about it - the Green Party handed the election to Bush.

      This beyond offtopic, but here goes:

      It is a technical truth that if Ralph Nader were not on the ballot in Florida (or New Hampshire), Al Gore would've easily won the election. It is also true that Al Gore would've won the election if he hadn't run one of the worst campaigns in modern political history. It is even truer that he would've won the election if the Republicans didn't control the Florida Governor's Mansion and the U.S. Supreme Court. Finally, this entire matter would not be an issue if we joined most of the world's democracies and stopped using first-past-the-post winner-take-all voting.

      And don't forget, multi-millionaire Ralph Nader got rich by speculating in stocks of the very corporations he rails against.

      Actually, he first came into money after writing Unsafe at Any Speed, when GM hired private detectives to spy on him and attempt a smear campaign. He sued them, won a lot of money, and used it to start Public Citizen. He does have money invested in the stock market, and uses the proceeds to fund his organizations. The man lives in a tiny apartment in Washington D.C. and doesn't even own a color television. Most of this is a matter of public record, and has been reported on frequently in the press.

  2. Re:Hrm... by Anonymous Coward · · Score: 3, Interesting

    You underestimate the testing cost of doing this. (Surprise, surprise) Microsoft has to test every configuration it supports before it can ship the product. Adding a series of options multiplies the test matrix several times.

  3. Where's Virginia? by swordboy · · Score: 4, Interesting
    --

    Life is the leading cause of death in America.
  4. Who benefits? by targo · · Score: 3, Interesting

    I have to ask: who would actually be interested in pursuing this case?
    It is quite clear that there will be no noteworthy changes to the original settlement, so any interested parties (mostly Microsoft's competitors) don't have anything to gain. It is also quite clear that the main loser is going to be the taxpayer. So who is the winner of this case (other than the army of lawyers)?
    The answer is that a bunch of people (e.g. the attorney generals of these states) gain some free press and cheap popularity from the ongoing coverage of the case. The important thing to notice is that the case itself is absolutely irrelevant, these people would attach themselves to any other high-profile case just as quickly.
    So don't ever think this is about "freedom" or any other nice ideas, it's only about buying votes and personal agendas.

  5. Re:Hrm... by flewp · · Score: 3, Interesting

    While that is true, my point was simply would it be cheaper overall to just implement these options than face the court and legal fees, or would they be willing to keep paying the legal fees (if it is more expensive) in order to keep the components in place.

    --
    WWJD.... for a Klondike bar?
  6. Microsoft Nervous About Something by Alien54 · · Score: 5, Interesting
    As seen in this report on the Register, Microsoft Sales Reps have even gone so far as to offer FREE Windows server software licenses to companies considering the move to Open Source.

    Of Course, they have confused Free (as is speech) Software with free (as in beer) software, and didn't always realise that Linux is not the only free software out there.

    and note: they didn't save the sale for Microsoft.

    --
    "It is a greater offense to steal men's labor, than their clothes"
  7. Re:Hrm... by handsomepete · · Score: 2, Interesting

    Except that it's more than likely that they have some number of lawyers on payroll as well as expected court costs, so it's an already budgeted cost, where as any unexpected testing and engineering is probably not. Not that I have any clue how it actually works in the real world... I've got 2 dollars and a coupon for applesauce in my wallet right now.

  8. Distributed Litigation by core+plexus · · Score: 2, Interesting

    What if the People rose up and filed their own Pro Se suits against Micro$oft? Crash the Courts! Has somebody a website for this yet? Just a thought.

  9. Re:Why? by zombiepopper · · Score: 4, Interesting

    I'm from MA as well and I have heard that part of the reason we are pursuing the case is that we have already incurred most of the legal costs of the case in the initial stages (according Tom O'Reilly, our attorney general for non massholes). I suppose that makes some sense if you consider how much preparation must go into a case like this; I can see how the research and paperwork might be the most expensive part.

    --
    remember, no matter where you go, there you are
  10. Other States should follow suit? by The+Ancients · · Score: 3, Interesting

    Why give up? This is exactly what they want - keep battering for long enough, and cracks will show. 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. Although the complaint was rejected, 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. You can be assured that this law firm is not about to take it lying down, as this site shows.

  11. Got a friend who quit M$ a few months ago by Anonymous Coward · · Score: 4, Interesting
    Met his quarterly sales quota in his first three weeks - thereby pissing off everyone in the office. Since he had already make big bucks riding Oracle to the top, he quickly bolted. He said

    1. M$ is scared shitless of Linux. They have no real strategy to deal with something that even they know is more stable and secure, and know they can't compete on price.

    2. Win XP and M$'s licensing went over with customers even worse than what you read - even here. M$ kept a tight lid on how badly Win XP cratered in the corporate world.

    3. M$ rank-and-file are a bunch of arrogant asswipes who think big corporations and gov't have no choice but to buy M$

    1. Re:Got a friend who quit M$ a few months ago by tomstdenis · · Score: 2, Interesting

      "1. M$ is scared shitless of Linux. They have no real strategy to deal with something that even they know is more stable and secure, and know they can't compete on price."

      While MS costs more to "buy", linux I'd say costs more to install. Almost anyone can setup and use a MS windows platform. Compariatively noone can install and use a linux distro. Ask some business student to install Apache [when they aren't that computer literal to begin with] is fun :-)

      The rest of your post is fairly typical of MS-hate speak.

      Tom

      --
      Someday, I'll have a real sig.
    2. Re:Got a friend who quit M$ a few months ago by tomstdenis · · Score: 2, Interesting

      True I haven't tried Mandrake but I've seen enough of Linux [e.g. RH] to know the "you don't have the millionth copy of this RPM to install this package circular logic" crap.

      Personally I have no reason to leave Win2K since a) I didn't pay for my copy, b) works like a charm and c) have yet to have problems installing drivers or using any app.

      What boggles my mind is why Distro should be 3 full CD's to begin with. If they just consolidated their fucking support libs/apps then it wouldn't be so big.

      Last time I installed Linux [RH 8.0] I got three versions of QT, five different kernels, two copies of GCC, KDE/Gnome support libs, various versions of Motif, etc, etc...

      Now I know every linux user likes having "their" version of a program but this is very useless for the "I just want to use the damn thing" user [e.g. me].

      Choice be damned, when you have to install 1400 packages [4GB] to get your RH install to work properly without any depend bitching there are serious problems.

      If Mandrake is completely the opposite then maybe I should go check it out some time but so far I'm not that inclined.

      Tom

      --
      Someday, I'll have a real sig.
  12. Stereotypes by Snorpus · · Score: 2, Interesting

    Massachusetts is considered a high tech haven, West Virginia a low tech backwater. I wonder what local politics led to these decisions.

  13. Would other states join if economy were better? by ClubLeader · · Score: 2, Interesting

    If I were to hazard a guess, I would guess that if the state of the economy were better, most, if not all, of the other seven states would join. Nearly every state is broke and have other things that are of a higher priority at this time. I'm sure that the economy is hurting M$ but they can just downsize. Government never finds it easy to downsize so M$ probably has the advantage.

  14. Re:MS == Clones by clontzman · · Score: 3, Interesting

    1. The manufacture of software is much more than just pressing a CD. Programmers aren't cheap and, thanks to ongoing support and development, keeping a piece of software up-to-date remains expensive.

    On the hardware side, once you've designed, say, a USB 2.0 chipset, you can license it and build millions of them at, incrementally, a very low cost, and the design might not change substantially for years. They're two separate businesses, and it's not really rational to say that, since hardware is getting cheaper, software should be too.

    2. Sorry, but that just doesn't make sense. Maybe OS X and RedHat are priced that way because that's the price the market will bear for an OS. MS doesn't *make* anyone sell competing products for the same amount (or more).

    My point about OS X was that there are no full *licenses*. What I'm getting at is that OS X only runs on Macs. If you've bought a Mac, you've bought a copy of OS 8/9/X. Therefore, the only thing you can install is an upgrade -- the only use for a so-called "full" version would be on a machine on which you don't already have a copy of OS 8/9/X which is, thanks to the Mac's closed architecture, not possible.

    3. Not sure what you're getting at here. All I'm saying is that the cost of an OEM product is often substantially less than the cost of a retail product.

  15. Re:What good comes out of this? by lost+sheep · · Score: 2, Interesting
    Acting against a monopoly is not trying to shut down MS [or severely disrupt it], but rather, to keep them from using their OS muscle to push around developers of other products.

    Imagine that you're Real Audio a couple of years ago. You've come up with a great product. However, Microsoft not only tries to make your product irrelevant (i.e. building Windows Media Player into Windows), but also uses their OS to crash your product (demonstrated during initial trial).

    Actions against monopolies are to protect against one company using dominance in one area to corner other markets. I for one, as a CS undergrad, am for court action against MS. Why? 'cause what happens if 5~10 years from now I create a great app for windows. MS decides that they want to sell my app, so they build a clone. Not only that, after the latest "Service Pack," my app crashes constantly and their's becomes more stable. Protection against that scenario is the good that will come out of a ruling against MS. A fair ruling would protect developers and developers that want to build on top of Windows.

    By the way, I was born and raised in West-By-God-Virginia

    --
    -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Lost Sheep to Shepard, you got your ears on?
  16. The judges have to eventually take notice by mao+che+minh · · Score: 3, Interesting
    There is a good reason why nearly the entire computing industry, from small mom-and-pop shop to Sun Microsystems hates Microsoft. The concern that many politicians show about the role of Microsoft in our world is valid. The multiple trials and appeals and bickering and complaining is justified.

    Eventually, we have to get a judge that either sees the sense in all of it, or cannot be bought, or (hopefully) both. How much more can will it take?

  17. Imagine if all this money were spent on Linux!!! by MarkWPiper · · Score: 2, Interesting

    Just an interesting though: what if all the money that went in to this trial went into development of Free software instead? (We might be a lot farther along. There can be more than one way to make competition...) Anyone know how much has been spent??

  18. MS exists because of anti-trust efforts agnst IBM by g4dget · · Score: 3, Interesting
    MS turned the PC market into a commodity market.

    Yes, and you know why MS got the opportunity to do this? Because IBM was subject to the same legal scrutiny as Microsoft is now. IBM outsourced the PC operating system to MS because IBM was afraid of more anti-trust action if they did both the PC hardware and software in-house. Note that influencing IBM in this area wasn't the result of an actual settlement, it was the consequence of on-going legal scrutiny and the threat of lawsuits.

    Today, Microsoft is the monopoly that kills innovation and competitiveness. And we can apply the same strategy to Microsoft as we did to IBM decades ago: on-going legal scrutiny and on-going lawsuits. Discovery, legal proceedings, and the threat of legal judgements have the teeth that anti-trust settlements lack. This is what will keep Microsoft in check, just like it did IBM.

  19. Re:Imagine if all this money were spent on Linux!! by El · · Score: 4, Interesting

    What if every government or private entity that disaproved of Micro$oft tactics simply stopped buying their products??? That would punish them far more than anything the courts are going to acheive, and would do much to promote alternatives such as Free/Open Source Software.

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  20. Re:Hrm... by jhylkema · · Score: 2, Interesting

    You've totally missed the point. Have you forgotten the browser "war" of the late 1990s already?

    M$ wanted to control the browser because it represented a competitive threat - a browser could render the underlying OS irrelevant. They spent years and tens of millions to kill off Netscape. And you think they're going to voluntarily give back all of this territory they've already conquered? Are we talking about the same Napoleon Gates, the one bent on world domination? The same one who talks of "knifing the baby" and "cutting off their air supply"? I think not.

    The media player represents a new frontier similar to the browser "war." With it, M$ controls how the content on the Internet is delivered, especially when they implement their DRM OS, which they own a patent on.

  21. It's difficult by WookieOnTheRun · · Score: 1, Interesting

    As a student of law myself, it's kind of a difficult situation for the states to be in. Knowing that taking on MS is really a somewhat losing battle as MS can continue to drag this out means that you have to allocate state funds to pursuing a law suit you are pretty unlikely to win. As against MS as I am, I can't say that at this point I could justify my state of IN to do something like this. I'd just rather see the money spent elsewhere. But what do I know? I'm just a voter.

  22. Re:This Will Get Modded Troll by Alien+Being · · Score: 3, Interesting

    Trying to get on with life is exactly what this is about. We want MS to stop restricting what we as consumers and competitors can do.

    We want our vendors to have the right to sell us a linux or dual-boot box without losing their right to sell MS.

    We want MS to tell the damned truth.

    As of Win 3.1, BG was oblivious to the Net/WWW. He figured that the world's computers would all be connected by the MSNetwork, when *he* was ready to do it. 3.1 didn't even have a TCP/IP stack. Suddenly IE is a core component of the OS? Of course not, it was purely an embrace-and-extend tactic.

    "It's soooo old."
    Yeah, it's old, but not so old that we don't remember the exciting and competetive mini and micro days before the 800 pound gorilla sat on us all. The personal computer revolution was about to happen with or without the kid from Seattle. He jumped aboard the train as it was gaining steam and highjacked it.

    Believe it or not, I'm not religiously anti-MS. I was very happy to have Bill's Basic available on many pre-PC machines. I was happy to be able to walk into the store buy a copy of DOS5.0 when I bought a used PC with the drive wiped clean.

    What I'm vehemently against is their ability and willingness to stifle and/or steal the fruit of other people's ideas and hard work. If I were still a customer, I'd also be very upset at the way my data was being held hostage.

  23. Re:Hrm... by RAMMS+EIN · · Score: 3, Interesting

    `` You underestimate the testing cost of doing this. (Surprise, surprise) Microsoft has to test every configuration it supports before it can ship the product. Adding a series of options multiplies the test matrix several times.''
    If this is true, M$ have themselves to blame for it. If they had designed and built their software cleanly, they could test everything seperataly and be done with it. If instead, the whole of Windows, Internet Explorer, and whatever else they ship on the CD is a big interdependence nightmare (which apparently it is), then, indeed, they have to test all possible combinations.

    A well-designed and well-implemented operating system works with a web browser, without a web browser, and with a broken web browser. Similarly for any other application. Seperation of system and applications, people!

    --
    Please correct me if I got my facts wrong.