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Massachusetts Probing Microsoft Settlement Gripes

tassii writes "In this article from Reuters, Massachusetts' DA's office told the judge in the Microsoft Anti-trust trial that it was looking into Microsoft settlement complaints. Among complaints being examined by Massachusetts was whether Microsoft had violated portions of the settlement prohibiting pacts requiring exclusive support of Microsoft software. Massachusetts was also examining whether the company had properly offered communications protocols allowing non-Microsoft software to work well with Windows." An Associated Press article covers the same story; the non-Microsoft software mentioned in both stories is Linux, but it's not clear which company's promotion of Linux is drawing the attention.

35 of 158 comments (clear)

  1. Wow by Aadain2001 · · Score: 4, Funny

    You mean there is actually someone out there trying to inforce the MS penalties?!?!?!?! I thought everyone knew they were all just a big joke and it was back to business as usually for Microsoft.

    --
    Space for rent, inquire within
    1. Re:Wow by KiahZero · · Score: 5, Insightful

      If I recall correctly, problem was when the first judge talked out of turn to the press, the government felt they had to ease up on the restrictions so people wouldn't feel that they were being too hard on Microsoft.

      In retrospect, no one seems to care what happens to corporate criminals (excluding Martha Stewart, but that's just because she, as Lewis Black said "made us feel bad about using parsley as a garnish").

      I used to think that breaking MS up would have been a bad idea... now I'm wondering if it was the only feasible situation.

      --
      I'm a lawyer, but not yours. I wouldn't represent someone who thinks taking legal advice from Slashdot is a good idea.
    2. Re:Wow by retto · · Score: 3, Insightful

      I disagree in regards to breaking up MS. A government imposed split would have taken years to work out and required lots of government oversight over what kinds of programs could be produced. I always thought that ordering MS to reveal the code for Windows for free to developers would have been the best solution. It would have still been covered under copyright.

    3. Re: Wow by Black+Parrot · · Score: 4, Insightful


      > If I recall correctly, problem was when the first judge talked out of turn to the press, the government felt they had to ease up on the restrictions so people wouldn't feel that they were being too hard on Microsoft.

      No, you're rolling two distinct events into one.

      1) The judge did talk to the press in circumstances not generally deemed appropriate, but all that did was give legs to the appeal. The end result was that a higher court appointed another judge to give a second opinion on the penalty. IIRC the higher court didn't actually find fault with any of the lower court's decisions; they just didn't think the necessary proprieties had been observed. So they sent it back for a "clean room" second round in a different judge's court. There was absolutely nothing in the higher court's ruling that would have kept that second judge from "forking" Microsoft.

      2) The second event was that by the time things got to the second judge's court there had been a regime change in the USA and the new regime's DoJ threw over the case and offered a handslap settlement to Microsoft, even though the Findings of Fact would have almost certainly let them get a hardball settlement if that had fit in with their new bosses' ideology. The new judge didn't see anything wrong with the proposed settlement and ignored the critics who pointed out the inevitable outcome...

      ...and here we are today.

      Massachusets, IIRC, was the only state that didn't cave in somewhere along the way. Some never signed on; some did but then withdrew before it ever got to court (e.g. Texas, purportedly at the influence of Michael Dell); most of those left at the end of the trial signed off on the wrist slap.

      All this from memory... I'm sure someone will correct me wherever I'm wrong.

      --
      Sheesh, evil *and* a jerk. -- Jade
    4. Re:Wow by KiahZero · · Score: 4, Interesting

      Good point... hadn't thought about that.

      If that were too strict, they could always force them to release code the versions after they've "died"... that way people wouldn't be forced to upgrade, at least.

      --
      I'm a lawyer, but not yours. I wouldn't represent someone who thinks taking legal advice from Slashdot is a good idea.
  2. Would it really surprise anyone? by Dr+Reducto · · Score: 4, Insightful

    Does it really surprise anyone anymore if Microsoft is breaking the law. I mean, obviously the /. population thinks MS sucks, but It always seems as though MS just says it will do things to get the government off their backs, and then not do them. I'm dissapointed, but not surprised by this development.

    1. Re:Would it really surprise anyone? by SoSueMe · · Score: 4, Insightful

      Nope.
      They play the law like a cheap violin. Using it however it best serves their purpose.

      If they want an idea, they steal it.
      If you have worked for them, you can't have ideas of your own. See this as an example.

  3. Microsoft settlement lacked any Monopoly Money by bethane · · Score: 4, Interesting

    The anti-trust settlement...
    -lacked any monetary payment by Microsoft to those that had been wronged by their greed.
    -lacked any understanding about how money in Microsoft's hands means less money in other competitor's hands. Microsoft could then throw huge amounts of money into software development and the competition could not. So - this has resulted in MS having the ability to write so many more lines of code, AND the ability to buy other companies out for the code that someone else created... something that no one else could afford to do!

    Instead of having a monetary settlement where every person get a few dollars/money from Microsoft (where only the class action lawyers get the money) it would be better if a revisited settlement included a payment, from Microsoft's 46 Billion dollars in cash (that billy G etc has on hand right now) a payment to be made to a trust fund controlled by Open Source Leaders (Linus, for example) where this money could be evenly spread out to projects (free and commercial software projects for Linux, Apple OS, BSD, etc) that are needed to compete with Microsoft.

    This type of settlement would be fair. And a settlement like this would improve the competition to where Microsoft would really have to innovate in order to compete.

    --


    Bethanie: Whore...
    Fan Whore
    1. Re:Microsoft settlement lacked any Monopoly Money by Darth · · Score: 3, Insightful

      i disagree with your assertion that that solution would be fair.

      Any monetary payment for predatory monopoly actions by microsoft should be paid to groups and companies that were harmed by those actions. (like consumers, netscape, samba, etc)
      Competition for microsoft should also come from closed source avenues and, in the event that microsoft's money were to be used to subsidize competitors, those avenues should be subsidized also. (not that i agree with the subsidy idea)

      Open source software can and should win on it's moral and technological merits. The constraints on microsoft should be generic and make available the possibility of open and closed source competition for them. Then microsoft, open source competition, and closed source competition can all fight it out based on their merits instead of on subsidies or illegal business activities.

      Personally, I think breaking Microsoft up was the right choice and anything short of that would lead to exactly where we are today. They effectively ignore any constraints put on them under the assumption that they can weather any legal action against them long enough to make the results of the legal action irrelevent.

      With all the 3 strikes criminal laws getting so much support, it's sad that sufficiently wealthy companies can stay at bat as long as they want (provided nobody hits them with the breakup curve ball).
      (how's that for a lame allegory?)

      --
      Darth --
      Nil Mortifi, Sine Lucre
  4. Good by BigDork1001 · · Score: 4, Insightful
    Good! I hope more states will follow their lead. If pressure isn't kept on Microsoft they won't change. They've already proved that some. I don't think the states should let up on Microsoft until there's actually some change.

    --
    "Armed forces abroad are of little value unless there is prudent counsel at home" - Cicero
  5. Another Troll by tarquin_fim_bim · · Score: 5, Funny

    "whether the company had properly offered communications protocols allowing non-Microsoft software to work well with Windows"

    Jeez, give 'em a break they're still trying to make Microsoft software to work well with Windows.

  6. In other news... by GillBates0 · · Score: 5, Funny
    The konsent dekree approved by U.S. District Judge Colleen Kollar-Kotelly in November inkludes provisions aimed at giving komputer makers more freedom to feature non-Mikrosoft software on the machines they sell.

    Microsoft promised to change it's brandname to Mikrosoft provided Judge Colleen Kollar-Kotelly ruled in their favor.

    --
    An Indian-American Hindu committed to non-violent thought/speech/action alarmed by the global explosion of radical Islam
  7. Thank goodness by scrotch · · Score: 4, Insightful

    I'm really glad they're following up on this. The penalties were hardly enough to break up a monopoly, and Microsoft gave many indications that they would pretty much ignore the whole thing.

    Microsoft bought VirtualPC. They announced that the Mac version of IE would be discontinued. They've continued to offer special deals to sell Windows at little or no profit to (try to) keep Linux out of government and business.

    The monopoly power Microsoft was convicted of abusing is still being used, and they are doing everything in their power to expand it.

    1. Re:Thank goodness by Anonymous Coward · · Score: 3, Interesting

      M$ licenses WinXP to Dell for $17 a copy and they sell it at stores for $300. What a bunch of assholes.

    2. Re:Thank goodness by Aadain2001 · · Score: 3, Interesting

      I think that's a verying good point! MS does NOT make their money from the individual consumer. They make it from the corporate sales and the large OEMs like Dell. If they are charging so little to OEMs but so much to consumers, they could probably drop the consumer price down to $50 for XP Pro and find the piracy rate dropping! Who here wouldn't buy a legal copy of XP Pro for $50? And wouldn't you not mind the bugs as much, concidering how much you had payed for it?

      --
      Space for rent, inquire within
    3. Re:Thank goodness by Darth · · Score: 4, Interesting

      Who here wouldn't buy a legal copy of XP Pro for $50?

      I wouldn't. The only reason i have a copy of XP Home is because i couldnt get the laptop i wanted without a microsoft os. (and before people start in on me about wiping it or the refund thing: i know i'm not gonna get a refund unless i can get a few thousand people to ask for one with me. The machine now dual boots xp and gentoo. I use the XP partition to play games like raven shield and star wars galaxies.)

      And wouldn't you not mind the bugs as much, concidering how much you had payed for it?

      I would mind the bugs a lot. I would mind Microsoft's attitude towards the bugs a lot.

      --
      Darth --
      Nil Mortifi, Sine Lucre
    4. Re: Thank goodness by Black+Parrot · · Score: 4, Funny


      > If they are charging so little to OEMs but so much to consumers, they could probably drop the consumer price down to $50 for XP Pro and find the piracy rate dropping! Who here wouldn't buy a legal copy of XP Pro for $50? And wouldn't you not mind the bugs as much, concidering how much you had payed for it?

      The market value of an operating system these days is $0.00 plus the bandwidth of a big download. A $50 OS is overpriced by approximately $50.

      Or maybe by more than $50, since Microsoft appears willing to pay governments to use their OS whenever another option is getting serious consideration.

      --
      Sheesh, evil *and* a jerk. -- Jade
    5. Re:Thank goodness by HisMother · · Score: 3, Insightful
      > Who here wouldn't buy a legal copy of XP Pro for $50?

      Same people who wouldn't buy a cow for $50. What the hell would I do with a cow, bargain or not?

      --
      Cantankerous old coot since 1957.
  8. MS got away with a slap on their wrists.... by hashish · · Score: 5, Funny

    Now it turns out that they have yet to have the slap on the wrist yet.

  9. MS is in violation... by CySurflex · · Score: 3, Funny
    ...whether Microsoft had violated portions of the settlement prohibiting pacts requiring exclusive support of Microsoft software

    They're also in violation of their restraining order against me, they're not supposed to come within 100 yards the judge said. But they're righ here, on my computer. GET AWAY! GET AWAY!

  10. Massachusetts Attorney General Complaint Form by David+Hume · · Score: 5, Informative

    Microsoft

    In 1998, Massachusetts, together with a group of states and the United States Department of Justice, filed a civil law suit against Microsoft Corporation alleging antitrust violations. In 2000, the Court found Microsoft liable for maintaining an illegal monopoly in personal computer operating systems. In November 2002, following an appeal and several court hearings, the United States District Court for the District of Columbia issued a judgment in the Massachusetts case prohibiting Microsoft from continuing certain unlawful conduct.

    Massachusetts Attorney General Tom Reilly is seeking stricter and more rigorous restrictions on Microsoft's business practices than those put in place by the Court judgment, and has asked the Court of Appeals to consider the matter. Massachusetts is scheduled to argue its appeal in November 2003.

    Even though Massachusetts is pursuing a further remedy, the Massachusetts Attorney General is working to ensure that Microsoft complies with the injunction issued in November 2002. If you or your business have a complaint about Microsoft's business behavior or practices, please complete a Complaint Form (File Size: 26 KB) and forward it to the Massachusetts Office of the Attorney General, Consumer Protection and Antitrust Division, One Ashburton Place, Boston, MA 02108-1598, Attention: Kenneth Miller, CPAD. If you have a complaint against Microsoft, you also may call Kenneth Miller at (617) 727-2200 ext. 2965.


    Source: Massachusetts Attorney General Microsoft Page

  11. Mass powered by ASP.NET by GillBates0 · · Score: 5, Interesting
    The state also complained that its investigation of Microsoft has been hampered by the Justice Department and some other states enforcing agreements that preclude any of the states from cooperating with Massachusetts."The exclusion of Massachusetts has been effective and complete," the state said.

    And needless to say, the Massachusetts Attorney General's website is running Microsoft-IIS/6.0

    200 OK
    Cache-Control: private
    Connection: Keep-Alive
    Date: Tue, 08 Jul 2003 13:20:00 GMT
    Server: Microsoft-IIS/5.0
    X-Powered-By: ASP.NET

    --
    An Indian-American Hindu committed to non-violent thought/speech/action alarmed by the global explosion of radical Islam
  12. MS evil? That's news to me by UnknowingFool · · Score: 5, Insightful

    We all knew this would happen. The only question was when and if anybody noticed. Unfortunately, one of MS defences has always been ignorance. They can claim that they are so big that they don't know sometimes what each section of the company is doing. Take for example the iLoo fiasco. Cynics like me think that the negative public reaction forced them to retract their statements. Billy G has always had a firm grasp of his company. Even though publicly he isn't running the company, as the major stockholder, he would be stupid not to be in charge. MS is still doing business as usual, now they are not so blatant about it.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  13. Monopoly is not illegal by cloudless.net · · Score: 4, Insightful
    "The penalties were hardly enough to break up a monopoly"

    It is not illegal to have a monopoly, and the penalties are not designed to break up the monopoly. The court already decided NOT to break up Microsoft.

    1. Re:Monopoly is not illegal by psxndc · · Score: 3, Insightful
      OK, but the penalties were not enough to discourage Microsoft from abusing its monopoly (which is illegal under the Sherman Antitrust Act). Happy?

      psxndc

      --

      The emacs religion: to be saved, control excess.

    2. Re:Monopoly is not illegal by mpe · · Score: 3, Insightful

      It is not illegal to have a monopoly,

      But it is illegal to do all sorts of things when you are a monopoly.

      and the penalties are not designed to break up the monopoly. The court already decided NOT to break up Microsoft.

      As Microsoft were a "repeat offender" you'd resonably expect a harsher penalty than was applied to them previously.

  14. Re:State Greed by tarquin_fim_bim · · Score: 4, Insightful

    What exactly has socialism got to do with it? No, please humour me I'm a fucktard, I dont understand how a corrupt manipulative corporation benifits mankind.

  15. Why this "trust fund"? by .com+b4+.storm · · Score: 4, Insightful

    Instead of having a monetary settlement where every person get a few dollars/money from Microsoft (where only the class action lawyers get the money) it would be better if a revisited settlement included a payment, from Microsoft's 46 Billion dollars in cash (that billy G etc has on hand right now) a payment to be made to a trust fund controlled by Open Source Leaders (Linus, for example)

    I'm not trolling, this is a legitimate question that will crop up if such an approach were to be seriously considered. Namely, why does open source deserve that "payment" any more than anyone else that competes with Microsoft? For example, Netscape's downfall can be at least partially attributed to Microsoft's various anti-competitive practices, so aren't they just as deserving of compensation? Just food for thought.

    --
    "Wow, you're like some kind of superhero able to ward off happiness and success at every turn."
    -- Ryan Stiles
  16. Top Website by tds67 · · Score: 5, Funny
    Massachusetts also told U.S. District Judge Colleen Kollar-Kotelly that it will establish a Web site to solicit complaints about Microsoft's behavior...

    ...thereby replacing donotcall.gov as the hottest new website around.

  17. Re:Anti-MS FUD by tarquin_fim_bim · · Score: 3, Interesting

    Actually, I have banking software that only works in windows (well it's more secure, what would you expect a bank to use?), it crashes 1 out 5 times I use it at a rough guess. But then that would probably be a hardware problem wouldn't it? Funny I don't have any hardware problems with the other dozen identical machines in the department that run another OS.

  18. Enforcement path? by Col.+Klink+(retired) · · Score: 4, Funny
    ...Massachusetts said that none of the allegations had been resolved and it would "move forward on an enforcement path should its investigations identify provable violations."
    Can anyone fill me in on this "enforcement path"? As I recall, the only penalty MicroSoft will suffer if they ignore the terms will be that they will have to ignore the settlement for 7 years rather than 5.
    --

    -- Don't Tase me, bro!

  19. Factual error by Massachusetts AG by Moooo+Cow · · Score: 3, Interesting
    Quoting the Massacusetts AG: "In November 2002, following an appeal and several court hearings, the United States District Court for the District of Columbia issued a judgment in the Massachusetts case prohibiting Microsoft from continuing certain unlawful conduct." [emphasis mine]

    However, the final judgement entered on November 12, 2002 clearly says at the start: "AND WHEREAS, this Final Judgment does not constitute any admission by any party regarding any issue of fact or law". That is, the final judgement does not find Microsoft guilty of any so-called "unlawful conduct".

    Clearly the issuer of this press release (presumably authorized by the AG) is attempting to make up their own interpretation of the Final Judgement, without regard to the actual contents of it.

    --
    Slashdot is entertaining like pro wrestling is entertaining
  20. I love this line.. by Kwil · · Score: 4, Insightful

    In November 2002, following an appeal and several court hearings, the United States District Court for the District of Columbia issued a judgment in the Massachusetts case prohibiting Microsoft from continuing certain unlawful conduct.

    Talk about a meaningless injunction. "You broke the law! Now we have to pass another law saying you can't break the law!" Uhh.. yeah. Sure.

    --

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

  21. protocol problems, eh? you don;'t say! by Eminor · · Score: 5, Interesting

    "whether the company had properly offered communications protocols allowing non-Microsoft software to work well with Windows"

    This is a problem. One that made me decide to switch email clients. A while back, my prof. send me my mark back in an attached file. I did not not "get the attachment". I hounded him a couple of times for the mark. He insisted that he sent it to me. He even said that my reply had the file attached. I did some investigation, and found that the attached file was there, but wasn't showing up in the user interface. On further investigation, I found that this is an issue when Outlook XP recieves attachments from Pine. Microsoft was aware of the problem and had no plans to fix it.

    I have no idea why Outlook XP would recieve an attachment from Pine and not show it. It would seem like the code would almost have to be made to purposely do that. Who knows, maybe it is a bug.

    A few months later, switch over to Linux entirely. I now use evolution. I never looked back.

  22. Why this won't be counted as non-compliance by edxwelch · · Score: 4, Informative

    Section III.A. of the agreement prevents Microsoft from punishing OEMs if they promote an alternative OS. However according to the government monitor of MS's compliance (http://www.usdoj.gov/atr/cases/f201100/201135.htm ) they are allowed to delay this part of the agreement until their sales people are "trained". In other words, they are allowed to punished OEMs for promoting Linux until the training is finished.

    This training has been going on for the last two years. The agreement itself only is enforced for 5 years, so only 3 more years left to string out that training....